- The www.avaasi.com operates in accordance with the rules set out in these Terms and Conditions.
- The Regulations define the conditions for concluding and termination of Product Sales Agreements and the procedure of complaint procedure, as well as the types and scope of services provided electronically by the www.avaasi.com Store, the rules for the provision of these services, the conditions for concluding and resolving contracts for the provision of electronic services.
- Each Customer, upon taking steps to use the Electronic Services of the Www.avaasi.com is obliged to comply with the provisions of these Terms and Conditions.
- In matters not covered by these Regulations, the following provisions shall apply:
◦ 1.1 of the Electronic Services Act of 18 July 2002. Oj. U. No. 144, item. 1204 as amended),
◦ 1.2 of the Consumer Rights Act of 30 May 2014 Oj. U. 2014 item 827),
◦ 1.3 of the Civil Code Act of 23 April 1964. Oj. U. No. 16, item. 93 as amended) and other relevant provisions of Polish law.
2. DEFINITIONS CONTAINED IN THE REGULATIONS
- REGISTRATION FORM – a form available on the website of www.avaasi.com to create an Account.
- ORDER FORM – a form available on the website of www.avaasi.com to place an Order.
- CUSTOMER – a Customer who intends to enter into or has entered into a Sales Agreement with the Seller.
- CONSUMER – a natural person who carries out a legal act with the trader which is not directly related to his economic or professional activity.
- ACCOUNT – marked with an individual name (login) and password, a collection of resources in the Service Provider’s IT system, in which the Customer’s data is collected, including information about orders placed.
- NEWSLETTER – Electronic Service allowing the Customer to subscribe and receive to the e-mail address provided by the Customer free information from the Service Provider regarding the Products available in the Store.
- PRODUCT – a movable item or service available in the Store, which is the subject of a Sales Agreement between the Customer and the Seller.
- TERMS AND CONDITIONS – these terms and conditions of the Store.
- SHOP – The Service Provider’s online store operating at www.avaasi.com
- SELLER, SERVICE PROVIDER–Joanna Borycka carrying out economic activities under avaasi ny company entered in the Central Register and Information on Economic Activity of the Republic of Poland conducted by the Minister responsible for the economy, place of business and address for service: ul. Panieńska 9 m.33, 03-704 Warsaw, NIP: 7961718653, REGON: 387282197 e-mail:firstname.lastname@example.org, phone number: +48 605 070 865
- SALES AGREEMENT – A Product Sales Agreement concluded between the Customer and the Seller through the Store.
- ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Store.
- CUSTOMER – a natural person, a legal person or an organizational unit without legal personality, the law of which confers legal capacity using the Electronic Service.
- ORDER – a statement of the Customer’s will constituting an offer to conclude a Product Sales Agreement with the Seller.
3. PRODUCT INFORMATION AND ORDERING
- The www.avaasi.com store retails products, via the Internet in Polish and other Countries of the European Union.
- The products offered in the Store are new, free from physical and legal defects and have been legally placed on the market Polish.
- The information contained on the Store’s websites does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to buy a particular Product under the conditions specified in its description.
- The price of the Product shown on the Website of the Store is given in Polish Zlotys (PLN) and includes all components, including VAT.A product delivered outside the European Union may be subject to duty or tax on the customer’s side in accordance with the regulations in force in the country of destination. For further information, the Customer is asked to contact the competent customs or excise authority.The price does not include delivery costs.
- The price of the Product shown on the Store’s website is binding at the time the Customer places the Order. This price will not change regardless of the price changes in the Store that may occur with respect to individual Products after the Customer has placed an Order.
- Orders can be placed via the website using the Order Form (www.avaasi.com) – 24 hours a day throughout the year.
- In order to place an Order, the customer is not obliged to register an Account in the Store.
- The condition for placing an Order in the Store by the Customer is to read the Regulations and accept its provisions at the time of placing the Order.
- The Store fulfills orders placed from Monday to Friday within 2-5 working days. Orders placed on Saturdays, Sundays and public holidays will be shipped on the next business day. Orders placed on Friday are sent by DPD courier on Monday (first business day)
- Products have a limited number of pieces and orders for them will be executed according to the order in which they are in receipt until the stock of the product is exhausted.
- Individual orders are processed within 3-6 weeks from the date of placing the order.
4. CONCLUSION OF THE SALES CONTRACT
- In order to conclude the Sales Agreement, it is necessary for the Customer to place the Order in advance by the methods made available by the Seller in accordance with § 3 paragraph 6 and 8.
- After placing the Order, the Seller immediately confirms its receipt.
- Confirmation of acceptance of the Order for execution, causes the Customer to be bound by his Order. Confirmation of receipt and acceptance of the Order for execution is made by sending an e-mail.
- Confirmation of acceptance of the Order for execution includes:
◦ 4.1 confirmation of all relevant elements of the Order,
- Upon receipt by the Customer of the e-mail referred to in point 4, a Sales Agreement is concluded between the Customer and the Seller.
- Each Sales Agreement will be confirmed by proof of purchase (VAT invoice at the customer’s request), which will be attached to the shipment.
5. BUSINESS TERMS (B2B)
- This paragraph contains provisions for non-Consumer Customers only.
- The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a Consumer within 14 Working Days from the date of its conclusion. Withdrawal from the Sales Agreement in this case can take place without giving any reason and does not give rise to any claims against the Seller on the part of the Customer who is not a Consumer.
- The Seller has the right to limit the payment methods made available by him to non-Consumer Customers, including the obligation to prepay part or all of the sale price regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
- The benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product shall pass to the Customer who is not a Consumer upon the seller’s release of the Product to the carrier. In this case, the Seller shall not be liable for any loss, loss or damage to the Product arising from the moment of acceptance of the Product for carriage until its delivery to the Customer, as well as for the delay in the carriage of the shipment.
- If the Product is sent to the Customer through the carrier, the Customer who is not a Consumer is obliged to examine the shipment in time and in the manner accepted for such shipments. If it finds that the Product has been damaged or damaged during carriage, it is obliged to take all necessary steps to establish the liability of the carrier.
- The Service Provider may terminate the contract for the provision of the Electronic Service with immediate effect and without indicating the reasons by sending the Customer a non-Consumer notice of termination.
6. TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider allows the Use of Electronic Services through the Store, such as:
- concluding Product Sales Agreements,
- Keeping an Account in the Store
- use of the Newsletter.
- The provision of Electronic Services to The Customer in the Store takes place under the conditions set out in the Regulations.
- The Service Provider has the right to post advertising content on the Store’s website. This content is an integral part of the Store and the materials presented there.
7. CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
- The provision of Electronic Services specified in § 10 paragraph 1 of the Regulations by the Service Provider is free of charge.
- Period for which the contract is concluded:
- the contract for the provision of electronic service consisting in the operation of an Account in the Store is concluded for an indefinite period.
- the contract for the provision of electronic service consisting in enabling the placing of an Order in the Store is concluded for a limited period of time and is terminated upon placing the Order or stopping its submission by the Customer.
- the contract for the provision of the Electronic Service consisting in the use of the Newsletter is concluded for an indefinite period.
- Technical requirements necessary for cooperation with the IT system used by the Service Provider:
- A computer with internet access
- Access to e-mail
- Web browser
- The Customer is obliged to use the Store in a manner consistent with the law and good customs with a view to respecting the personal and intellectual property rights of third parties.
- The Customer is obliged to enter data in accordance with the facts.
- The Customer is prohibited from providing unlawful content.
8. COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
- Complaints related to the provision of Electronic Services through the Customer’s Store may be submitted by e-mail to the following email@example.com
- In the above e-mail, you must provide as much information and circumstances as possible regarding the subject matter of the complaint, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and speed up the processing of the complaint by the Service Provider.
- The complaint is dealt with by the Service Provider without delay, no later than within 14 days.
- The Service Provider’s response to the complaint is sent to the Customer’s e-mail address specified in the complaint or by any other means provided by the Customer.
9. CONDITIONS FOR TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
- Termination of the electronic service contract:
- The contract for the provision of the Electronic Service of a continuous and perpetual nature (e.g. account management) may be terminated.
- The Customer may terminate the contract with immediate effect and without indicating the reasons by sending an appropriate statement by e-mail to the following firstname.lastname@example.org
- The Service Provider may terminate the contract for the provision of electronic service of a continuous and perpetual nature in the event that the Customer violates the Regulations, in particular when it provides content of an unlawful nature after an ineffective prior request to cease violations with the setting of an appropriate deadline. In this case, the contract expires after 7 days from the date of the declaration of intent to terminate it (notice period).
- Termination leads to the termination of the legal relationship with effect for the future.
- The Service Provider and the Customer may terminate the contract for the provision of the Electronic Service at any time by agreement of the parties.
- All content (text, photos, projects) posted on the website at www.avaasi.com enjoy copyright protection is the property of Joanna Borycka, who carries out an economic activity under avaasi ny, the address of the place of business and the address for service: ul. Panieńska 9/33 03-704 Warsaw. TAX ID: 7961718653 The Customer is fully liable for damage caused to the Service Provider as a result of the use of any content of the www.avaasi.com, without the consent of the Service Provider.
- Any use by anyone, without the express written consent of the Service Provider, of any of the elements consisting of the content and content of the www.avaasi.com website constitutes a violation of the copyright of the Service Provider and results in civil and criminal liability.
11. FINAL PROVISIONS
- Contracts concluded through the Store are concluded in accordance with Polish law. The choice of Polish law does not deprive the Consumer of a higher level of protection than that which would provide him with the law in force in his country of origin.
- In the case of Customers who are Consumers and who are not Polish citizens at the same time, the law that is more favourable to them always applies.
- In case of non-compliance of any part of the Regulations with the applicable law, the relevant provisions of Polish law shall apply in place of the contested provision of the Regulations.
- Changes made to the Store Regulations by the Service Provider bind the Customer, provided that he has been properly informed of the changes and has not terminated the contract for the provision of services electronically within 14 days from the date of notification of the Changes by the Store to the Customer.
- Any disputes resulting from sales agreements between the Store and consumers will be settled first by negotiation, with the intention of amicably ending the dispute. However, if this is not possible, or is unsatisfactory for either party, disputes will be resolved by the competent ordinary court in accordance with paragraph 6 of this paragraph.
- Judicial dispute resolution:
- Any disputes arising between the Service Provider and the Customer (Customer) who is also a Consumer shall be subject to the courts with jurisdiction in accordance with the provisions of the Code of Civil Procedure of 17 November 1964. Oj. U. No. 43, item. 296 as amended).
- Any disputes arising between the Service Provider and the Customer (Customer) who is not at the same time the Consumer shall be subject to the court competent for the seat of the Service Provider.
- The Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting a request for mediation or an application for arbitration after the complaint procedure has been completed (the application can be downloaded on the http://www.uokik.gov.pl/download.php?plik=6223 website). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596). The consumer may also benefit from free assistance from the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. Out-of-court redress after the end of the complaint procedure is free of charge.
- In particular, the consumer may lodge a complaint via the Online Dispute Resolution (ODR) online platform available at: http://ec.europa.eu/consumers/odr/.