Terms and conditions of distance sales of goods and providing electronic services

Preamble

This document specifies terms and conditions of using the online store available at www.purles.pl owned by Proconcept Labs sp. z o.o. with its office in Michałowice, Polna 24, entered into the Business Register maintained by the District Court for the capital city of Warsaw, 14th Commercial Division of the National Court Register, under KRS number 0000415440, with NIP number 534-248-57-18, REGON 146063214, and in particular, it sets the rules of placing Orders and concluding contracts of sales using means of distance communication, and of using all the services of the Online Store by the Clients.

Data for quick contact with the Seller (address / contact / complaints):

Proconcept Labs sp. z o.o.
Polna 24
05-816 Michałowice
Phone: 22 723 88 17
Fax: 22 723 88 17
Email: sklep@purles.pl

§ 1

Definitions

Terms used in the Terms and conditions mean:

  1. FORM – electronic service allowing a Customer to place an Order.
  2. CLIENT – a natural person, having full capability for legal actions, and in cases provided for in generally applicable law, also a natural person having limited capability for legal actions; a legal person or organizational unit without legal personality, to whom the act has granted a legal capacity, and who is going to conclude or has concluded a Contract of sales, or a Contract on providing electronic Services.
  3. CIVIL CODE – the Civil Code Act of 23 April 1964 (Dz. U. 2014, item 121).
  4. ACCOUNT – an electronic service comprising of a collection of resources in the ICT system of the Service provider, distinguished by an individual name (login) and password set
    by the Customer, where Customer’s data are collected, including information on placed Orders.
  5. CONSUMER – a natural person, for whom concluding a Contract of sales or a Contract on providing electronic Services with a trader is not directly related to his or her business or professional activity.
  6. NEWSLETTER – an electronic distribution service provided by the Service provider through electronic mail, which allows all the Customers to automatically receive the contents of consecutive editions of newsletters including information about Goods offered by the Store.
  7. TERMS AND CONDITIONS – the Terms and conditions of the Online Store.
  8. REGISTRATION – a one-time activity, consisting in creating an Account by the Client, performed with the use of a registry form made available by the Service provider on the Store’s website.
  9. STORE – an online store of the Service provider, available at www.purles.pl, through which a Client can enter into a Contract of sales or a Contract on providing electronic Services.
  10. SELLER/SERVICE PROVIDER – Proconcept Sp. z o.o. with office in Michałowice, Polna 24, 05-816 Michałowice, NIP: 534-248-57-18, entered into the Business Register maintained by the District Court for the capital city of Warsaw, 14th Commercial Division of the National Court Register, under KRS number 0000415440. Electronic mail address: sklep@purles.pl; phone no: 22 723 88 17.
  11. PARTY – the Service provider, Customer, Seller or Client.
  12. ICT SYSTEM – a set of cooperating computer devices and software, ensuring processing and storing, as well as sending and receiving data through telecommunication networks, using a terminal device intended for a given type of network, as provided for in the Polish Law on Telecommunications (Dz. U. from 2014, item 243).
  13. GOODS – items (tangible chattel) available in the Online Store, constituting the subject of the Contract between the Client and Seller.
  14. CONTRACT – a Contract of sales of Goods concluded through the Store.
  15. CONTRACT ON PROVIDING ELECTRONIC SERVICES – a contract concluded between the Customer and Service provider, the subject of which is providing services without the simultaneous presence of the parties (distance contract), by transferring data onthe individual request of the customer, sent and received with the use of devices for electronic processing, including digital compression and data storage, which is in whole broadcasted, received or transmitted through telecommunication network, as referred to in the Act of 16 July 2004 – Law on Telecommunications (Dz. U. from 2014, item 243).
  16. SERVICE – an electronic service provided without the simultaneous presence of the Parties (distance contract) by transferring data on the individual request of the customer, sent and received with the use of devices for electronic processing, including digital compression and data storage, which is in whole broadcasted, received or transmitted through telecommunication network, as referred to in the Act of 16 July 2004 – Law on Telecommunications.
  17. CUSTOMER – a natural person, legal person or organizational unit without legal personality, who uses the services provided electronically by the Service provider.
  18. ACT – the act of 30 May 2014 on Consumer Rights (Dz.U. 2014, item 827);
  19. ORDER – Client’s declaration of will, submitted to the Seller by filling an Order Form, which aims directly at concluding a Contract and specifying its substantial conditions.
  20. COSMETIC – any substance intended for external contact with the human body: skin, hair, lips, nails, external genital organs, teeth and mucous membranes of the oral cavity, with a view exclusively or mainly to cleaning them, caring for them, protecting them, perfuming them, or improving their appearance, within the meaning of the Act on Cosmetics of 30 March 2001 (Dz.U. 2001 no 42 item 473).

 

§ 2

General provisions

Providing electronic services

  1. The provisions of the Terms and conditions do not aim at excluding or limiting any rights of a Client, who is also a Consumer, under applicable law. In the event of a conflict between a provision of the Terms and conditions and subject regulations, the regulations shall prevail.
  2. The Terms and conditions specify the rules of using the Online Store by Clients, placing orders for products available in the Online Store, delivering the ordered products to
    the Client, paying the sales price of the products by the Client, exercising Client’s right to cancel an order and the right of withdrawal, and the rules of making and resolving complaints.
  3. The Store is operated by: Proconcept Sp. z o.o. with its office in Michałowice, Polna 24, 05-816 Michałowice, NIP: 534-248-57-18, entered into the Business Register maintained by the District Court for the capital city of Warsaw, 14th Commercial Division of the National Court Register, under KRS number 0000415440. Electronic mail address: sklep@purles.pl; phone no: 22 723 88 17.
  4. The Terms and conditions is the terms of use referred to in art. 8 of the Act of 18 July 2002 on Providing Electronic Services (Dz. U. of 2002 No 144, item 1204 as amended), and it regulates the conditions of concluding Contracts of sales in the Store.
  5. The Service provider provides following services through the online Store:
    a. Presenting the assortment of the Online Store;
    b. Account;
    c. Form;
    d. Possibility to place Orders for Goods available in the Online Store and thereby concluding distance contracts of sales;
    e. Newsletter.
  6. Minimum technical requirements necessary to cooperate with the ICT system used by the Service provider:
    a. An electronic device with Internet access;
    b. Access to electronic mail and having an email address allowing to send information necessary to provide services provided by the Service provider;
    c. Web browser: Internet Explorer version 7.0 or later, with JavaScript and cookies enabled; Mozilla Firefox version 3.0 or later, with Java Script and cookies enabled; or Google Chrome version 8 or later or Opera or Safari. It is permissible to use other versions of web browsers, as long as they offer full compatibility with the versions mentioned above.
  7. For the safety of using the Online Store, it is recommended that the device used by the Client:
    a. has an antivirus system with the latest version of virus definitions and updates,
    b. has an effective firewall,
    c. has all the available safety-related updates of the operating system and web browser installed,
    d. accepts cookies and enables Java Script in the web browser,
    e. has software allowing to read PDF files.
  8. The Service provider uses cookies that store information related to the use of the Store by the Customer in order to maintain Client session after logging into the Account.
  9. The Customer is prohibited from delivering illegal content.
  10. The Customer is obliged to use the Store in a way that is compatible with the law, respecting the personal goods and intellectual property of third parties.
  11. Electronic Services are provided free of charge.
  12. The Service provider, in the broadest scope permissible by the law, shall not be responsible for interruptions, including disruptions in the functioning of the Online Store, caused by force majeure, illegal actions of third parties or lack of compatibility between the Online Store and Client’s technical infrastructure.
  13. Browsing through the assortment of the Online Store does not require registration.
  14. The Customer shall not use Electronic Services in a way that illegally disrupts the functioning of the Store, especially by using software or devices that could result in such consequences, or by sending unsolicited commercial communication.
  15. The Service provider and Customer can terminate the Contract on Providing Electronic Services at any time, by agreement of the parties.
  16. The Contract on Providing Electronic Services consisting in maintaining an Account by the Service provider is concluded for an indefinite period at the moment of Registering by the Customer. To conclude the Contract, it is necessary for the Customer to provide data that allow a successful fulfillment of the Contract, i.e. first name, last name, address, contact phone number, email address, login and password.
  17. The Customer is obliged to provide data that is consistent with the actual condition.
  18. The Contract on Providing Electronic Services consisting in enabling the use of Form by the Customer is concluded for an indefinite period at the moment the Customer starts using the Form (after the Customer adds Goods to the basket and clicks “order without registration” field). To conclude the Contract, it is necessary for the Customer to provide data that allow a successful fulfillment of the Contract, i.e. First name, Last name and address of the Customer. The Contract terminates the moment the Customer stops using the Form or the Order has been confirmed by the Customer.
  19. The Contract on Providing Electronic Services consisting in sending a Newsletter by the Service provider is concluded the moment the Customer gives an approval by clicking “send” button, having entered a correct electronic mail address of the Customer in the Newsletter tab or by selecting a relevant field when creating an account or filling a Form.
  20. A contract on Providing Electronic Services concluded for an indefinite period and of continuous nature (Account or Newsletter) can be terminated.
  21. The Customer can terminate a Contract on Providing Electronic Services without giving any reasons for termination, by submitting a declaration through electronic mail to the address: sklep@purles.pl or in writing to the address: Proconcept Sp. z o.o. Polna 24, 05-816 Michałowice. In such case, the Contract is terminated after 7 days from the day of submitting a declaration of will to terminate it (notice period), unless the parties agree on a shorter period. The Customer can also terminate the Contract on Providing Electronic Services consisting in maintaining an Account or sending Newsletter by sending the Service provider a request to erase the Customer’s data or to unsubscribe form the Newsletter.
  22. The Service provider can terminate the Contract on Providing Electronic Services between a Customer, who is also a Consumer, when the Customer grossly and persistently violates the Terms and conditions, especially when he or she delivers illegal contents, after sending ineffective requests to cease or resolve the violations, having granted a time-limit to do so. In such case, the Contract is terminated after 14 days from the day the Service provider submits a declaration of will to terminate it to the Customer (notice period).
  23. The Service provider can terminate the Contract on Providing Electronic Services between a Customer, who is not a Consumer, with immediate effect and without giving any reasons for termination, by sending the Customer a relevant declaration.
  24. The Customer can lodge any complaints related to providing Electronic Services through the Store and other complaints related to the functioning to the email address: sklep@purles.pl or in writing to the address: Proconcept Sp. z o.o. Polna 24, 05-816 Michałowice. In the complaint, the Customer shall name the type of incorrectness and the date when it occurred.
  25. Complaints referred to in point 21 are resolved by the Service provider immediately, no later than within 14 work days.
  26. In order to ensure security of transferred messages and data related to services provided through the website, the Store implements technical and organizational measures appropriate to the level of threat to the security of provided services, in particular measures to prevent obtaining and modifying personal data transferred on the Internet by unauthorized persons.

§ 3

Conditions of concluding a Contract of sales

  1. Announcements, advertisements, price lists and other information about Goods provided on the Store’s website, especially the descriptions, technical and performance parameters and prices, constitute an invitation into a contract within the meaning of art. 71 of the Civil Code Act.
  2. The Client can place orders for products available in the assortment of the Online Store 7 (seven) days a week, 24 (twenty four) hours a day, regardless of whether he or she has registered.
  3. All prices of Goods placed on the Store’s website are expressed in the Polish currency (PLN) and include components such as VAT, customs and excise. A cost of delivery, calculated individually when making an Order, has to be added to the prices of Goods, except as specified in article 4, point 5 of the Terms and conditions. The delivery costs can be found in “Payment and delivery” tab.
  4. The price of Goods is biding for the Client from the moment of placing an Order and is not subject to changes, regardless of changes of the price of Goods in the Store after placing an Order.
  5. In order to conclude a Contract of sales, the Client should visit www.purles.pl website, select Goods (and possibly their size or other parameters, depending on the type of Goods) and place an Order, taking into account the messages and information appearing on the website.
  6. After the Client who uses the Store provides all the necessary data, a summary of the placed Order will appear. The summary of the placed Order will include information regarding:
    a) the subject of the order,
    b) unit price and total price of the ordered Goods or services, including the cost of delivery;
    c) selected payment option;
    d) selected delivery method;
    e) delivery time.
  7. Placing an Order requires from the Customer to provide data necessary to complete the Order, i.e. first and last name, address (street, house/flat number, city and postal code, phone number, Goods, quantity of Goods (depending on the type of Goods also size or other available parameters), delivery place and method and payment option. In the case of a Customer who is not a Consumer, it is necessary to provide a correct Tax Identification Number for the purpose of issuing a VAT invoice.
  8. Placing an Order is confirmed by the Client after performing the actions mentioned in point 6 above, by clicking “Place an order” button.
  9. The Seller confirms receiving the Order to the email address provided by the Client, and accepts the Order for completion, which results in concluding a Contract between Parties.
  10. The moment of the Seller confirming receiving an Order via email message has an effect of the Client being bound by the submitted declaration and constitutes the moment of concluding the Contract of sales.
  11. The Client can modify data provided with the use of the order form to the moment of placing an Order.
  12. The Seller reserves the right to make ongoing changes in the product prices and to running and cancelling various marketing campaigns and sales. The right mentioned in the previous sentence does not influence the Order placed before the date of introducing a change of price, change of conditions of marketing campaigns or sales.
  13. Special deals of the Online Store do not combine, unless provided otherwise in the terms and conditions of a given special deal.
  14. Goods included in special deals, sales or Goods that are not in the permanent offer of the Online Store are available in limited quantities. The completion of Orders for these Goods is performed on a first-come, first-served basis. The Online Store reserves the right to remove some Goods from the list, especially those, which are not available from a manufacturer or distributor cooperating with Proconcept Labs sp. z o.o. on an ongoing basis.

 

§ 4

Delivery of Goods

  1. Purchase Order will be forwarded for completion (delivery) immediately after concluding the Contract of sales, whereby in case of payment by transfer (prepayment), or by … service, the delivery will be made after payment for the Goods is recorded on the bank account of the Service provider.
  2. In case of concluding a Contract of sales, the delivery of Goods will be made no later than within 14 work days from the day of concluding the Contract of sales, unless specified otherwise in the Contract (e.g. a different delivery date is specified in the description of the Goods). The Seller is obliged to deliver Goods free from defects.
  3. The delivery is made according the Client’s choice, using the available methods:
    a. Postal services;
    b. Courier services.
  4. The Delivery of Goods is possible on the area of Poland, as well as abroad.
  5. In the case of concluding a Contract of sales, where Goods are to be delivered outside of Poland, the Seller will contact the Client within 3 work days, using the data provided by the Client in the Form, as referred to in art. 3, point 7 of the Terms and Conditions, in order to discuss individual details, and method and cost of delivery of Goods outside of Poland.
  6. In accordance with art. 545 clause 2 of the Civil Code, in case of sending Goods to the Client through a transport operator, the Client is obliged to inspect the parcel at the time and in a way relevant with deliveries of this type. If the Client notices that Goods have been damaged during transport, he or she is obliged to perform every actions necessary to determine the responsibility of the transport operator. In such a case, at the reception of the parcel with ordered Goods, we suggest that the Consumer checks the parcel and we inform, that in the case of noticing:
    a. mechanical damage to the contents of the parcel,
    b. incompleteness of the parcel,
    c. discrepancies between the contents of the parcel and the subject of the order,
    The Consumer has the right to refuse to accept the parcel. In such a case, we recommend writing down the remarks or making an event note at the presence of the deliverer and immediately notifying the Service provider about the situation. In any case of damage, we suggest preparing a damage report at the presence of the parcel deliverer.
  7. A Client who is not a Consumer is obliged to inspect the contents of the parcel at the delivery. In case of noticing any damages, he or she is obliged to notify the deliverer of Goods about the fact and immediately contact the Seller. Complaints related to mechanical damage of Goods during transport will only be resolved when a damage report has been prepared and signed by the recipient who is not a Consumer and the parcel deliverer.
  8. The seller reminds, that in accordance with art. 548 clause 1 of the Civil Code, at the moment of transferring a sold item, all benefits and burdens related to the item (Goods) shall be transferred to the Buyer (Client), as well as the risk of accidental loss or damage to the item (Goods).
  9. If the Goods are to be send by the Seller to the Consumer, the risk of accidental loss or damage of the Goods shall be transferred to the Consumer at the moment of releasing the Goods to the Consumer. The release of Goods is to be understood as transferring of Goods from the Seller to the deliverer, if the Seller did not have an influence on the choice of the deliverer.

§ 5

Payments

  1. The Seller makes the following payments methods available to the Client:
    a. by transfer to the bank account number: 03-2490-0005-0000-4520-3919-2136;
    b. by dotpay payment system (provided by Dotpay S.A. with its office in Cracow, Wielicka 72, 30-552 Cracow, entered into the Business Register maintained by the District Court for Kraków-Śródmieście, 11th Commercial Division of the National Court Register, under KRS number 0000296790, with share capital in the amount of PLN 4,000,000.00, paid in full, with tax identification number NIP: 6342661860, REGON 240770255);
    c. cash on delivery of Goods paid to the post officer or courier;
  2. In case the Client chooses a payment method other than COD, the Client shall pay the amount resulting from the Contract of sales within 7 days from concluding the Contract, unless specified otherwise in the Contract of sales.
  3. The Seller has the right to limit the availability of payment methods (also demand
    making a prepayment in full) in relation to Clients who are not Consumers.

§ 6

Right of withdrawal

  1. The Client who is a Consumer, who concluded a Contract of sales or a Contract on providing Electronic Services has the right of withdraw from the Contract, without giving reasons, by submitting a relevant declaration via email, by filling an online form or submitting a written declaration within fourteen days. The deadline mentioned in the previous sentence shall be counted from the day of releasing Goods to the Consumer or to a third person pointed by the Consumer (other than the deliverer) in case of concluding an a Contract of sales between Parties, or in case of a Contract including more than one item, which are delivered separately, in multiple lots or pieces – from the moment of obtaining the last item, lot or piece, whereas in case of a Contract on providing electronic services, from the day of concluding the Contract. In order to meet this deadline it suffices to i.a. send a declaration to the Seller/Service provider in writing within 14 (fourteen) days. The right can be exercised by the Consumer by sending a declaration of withdrawal from the Contract to the Seller to the address: Proconcept Sp. z o.o. Polna 24, 05-816 Michałowice.
  2. The declaration referred to in point 1 above, can be also submitted on a form, the model of which constitutes Appendix no 2 to the Act and Appendix no 1 to the Terms and Conditions, sent to the address sklep@purles.pl
  3. In case of withdrawal from the Contract, the Contract of sales or the Contract on providing electronic Services shall be considered not concluded, and the Client shall be released of any obligations. What has been supplied by the Parties shall be returned in an unchanged form, unless the change was necessary within the framework of ordinary handling. The return shall take place immediately, no later than within fourteen days.
  4. If the Consumer has submitted a declaration of withdrawal from the Contract of Sales before the Seller has accepted the offer, the offer shall cease to bind.
  5. The Consumer shall have the right to return unused goods within 12 months, if the Seller has not informed the Consumer about the possibility of its return. However, if the Consumer has been informed about the right to withdraw form a contract before 12 months have elapsed, the deadline to withdraw from a contract expires after 14 days from the moment of informing the Consumer about the right. Obligations of the Consumer
  6. The Consumer is obliged to return Goods to the Seller, or hand them to the person authorized by the Seller for collection immediately, no later, however, than within 14 days from the day of withdrawing from the Contract of sales, unless the Seller offered to collect the Goods personally. In order to meet the deadline it suffices to send the Goods before it expires. The Goods shall be packed in a way that will ensure their safe delivery.
  7. The Consumer shall assume the direct cost of returning the Goods (cost of return).
  8. The Return of Goods in case of exercising the right to withdraw from the Contract by the Consumer shall be done to the address: Proconcept Sp. z o.o. Polna 24, 05-816 Michałowice.
  9. The Consumer shall be liable for diminished value of the Goods as a result of using the Goods in a way that exceeds what is necessary to establish the nature, characteristics and functioning of the Goods. Obligations of the Seller
  10. In case of receiving a declaration of withdrawal, the Seller shall immediately, but no later than within 3 days from receiving such declaration, confirm to the Consumer the fact of its receiving, either in writing or by email.
  11. The Seller shall immediately, no later than within 14 days of receiving a Client’s declaration of withdrawal from the Contract of sales, return to the Consumer all payments made by the Consumer, including the cost of delivery of Goods, whereby if the Seller has not offered to collect the Goods from the Consumer personally, the Seller can withhold the reimbursement of payments received from the Customer until he has received the goods back or until the Customer provides a proof of sending the Goods back, depending on which of the events happens sooner.
  12. The Seller shall make the reimbursement of payments using the same payment method as used by the Consumer, unless the Consumer explicitly agreed on another method of reimbursement, which does not entail any costs for the Seller.
  13. If the Consumer has chosen a method of delivery of Goods other than the cheapest standard method of delivery offered by the Seller, the Seller shall not be obliged to the reimbursement of additional costs carried by the Consumer.
  14. In order to speed up the return process, we suggest including the proof of purchase. Statutory exemption from the right of withdrawal from a Contract of sales
  15. The right of withdraw from a contract shall not apply in situations referred to in art. 38 of the Act, i.e. in relation to contracts:
    a. on service after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;
    b. where the subject of the service is the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
    c. where the subject of the service is the supply of non-prefabricated goods, made to the consumer’s specifications or for the purpose of satisfying his or her personalized needs;
    d. where the subject of the service is the supply of goods which are liable to deteriorate or expire rapidly;
    e. where the subject of the service is the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
    f. where the subject of the service is the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
    g. where the subject of the service is the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;
    h. where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance; if, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods;
    i. where the subject of the service is the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
    j. where the subject of the service is the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
    k. concluded at a public auction;
    l. where the subject of the service is the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance; m. where the subject of the service is the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.

 

§ 7

Complaints (Warranty for physical defects of Goods)

  1. The Seller shall have liability to the Client who is a natural person, who purchases Goods for purposes not related to professional or commercial activity, for the inconsistency of the Goods with the Contract of sale in the scope provided for in the Act.
  2. The Seller is obliged to deliver Goods free from defects and shall be liable for defects of Goods.
  3. A physical defect consists in inconsistency of the sold Goods with the Contract of sale.
  4. Complaints related to the inconsistency of Goods with the Contract of sale shall be submitted in writing to the address: Proconcept Sp. z o.o. Polna 24, 05-816 Michałowice or via electronic mail to the email address: sklep@purles.pl. The declaration referred to above can be also submitted on a form, the model of which constitutes Appendix 2 to the Terms and conditions.
  5. The Seller shall express his opinion on the complaint to the address provided by the Client not later than within 14 days from the date of receiving the complaint.
  6. In case of Goods also covered by a warranty, the Consumer shall have the possibility to exercise his or her rights coming from the warranty in accordance with the conditions listed on the warranty card. The warranty does not exclude, limit or suspend Consumer’s rights coming from the Seller’s liability for inconsistency of the Goods with the Contract in the scope as referred to in the Act.
  7. If sold Goods have a defect, the Client can:
    a. demand exchange of Goods for Goods free of defects, or
    b. demand removal of defects; or
    c. submit a declaration about price reduction or withdrawal from the Contract of sales, unless the Seller immediately and without undue disadvantages to the Client will exchange defected Goods for goods free of defects or will remove the defect. This limitation is not applicable, if Goods have already been replaced or repaired by the Seller, or if the Seller has not fulfilled his obligation to exchange goods for goods free of defects, or to remove the defect, as referred to in point 1 or 2.
  8. The Buyer shall not withdraw from the Contract of sale, if the defect is insignificant.
  9. In case the Consumer notices an inconsistency of Goods with the Contract of sale (a physical defect), the Consumer shall send the defected Goods to the Seller, together with a description of inconsistencies.
  10. In order to speed up the complaint process, we suggest including the proof of purchase.
  11. The Seller shall be liable on account of warranties, if the physical defect is detected within two years from the day of releasing Goods.

 

§ 8

Entrepreneurs

  1. The provisions included in this clause apply exclusively to the Clients, who are not Consumers at the same time.
  2. The Seller is excluded from the liability to the Client, who is not Consumer, on account of warranties, in accordance with the literal meaning of art. 558 clause 1 of the Civil Code Act.
  3. The Client who is not a Consumer shall be obliged to fulfill his or her obligation on account of the Contract of sale (i.e. in particular to pay the price of Goods and to collect Goods) immediately, no later than within 7 days form the day of concluding the Contract.
  4. Goods constituting the subject of the Contract of sale concluded with a Client who is not a Consumer maintain the property of the Seller to the moment of paying the price and delivery cost resulting from the Contract of sale.
  5. The moment the Goods are released to the transport operator, all benefits and burdens related to the Goods, as well as the risk of accidental loss or damage shall be transferred to the Client who is not a Consumer. In such a case, the Seller shall not have any liability for loss, decline or damage to Goods occurring from the moment of taking them over for transport to the moment of their release to the Client, nor for any transport delays.
  6. In case of sending Goods to the Client through a transport operator, the Client who is not a Consumer shall be obliged to inspect the parcel at the time and in a way relevant with deliveries of such type. If a Client who is not a Consumer notices that Goods have been damaged during transport, he or she is obliged to perform every actions necessary to determine the responsibility of the transport operator.
  7. The liability of the Service provider/Seller to the Customer/Client who is not a Consumer, regardless of its legal basis, is limited – both in relation to a single claim, and to a sum of all claims – to the amount of paid price and delivery costs resulting form the Contract of sale. The Service provider/Seller shall be liable to the Customer/Client who is not a Consumer only for typical damages that are foreseeable at the moment of concluding a contract and shall not be liable to the Customer/Client who is not a Consumer for loss of profit.

 

§ 9

Personal data processing

  1. The Controller of personal data processed on the website of the Store is the Seller:

    Proconcept Labs sp. z o.o.
    Polna 24
    05-816 Michałowice
    Phone: 22 723 88 17
    Fax: 22 723 88 17
    Email: rodo@purles.eu

  2. Personal data are processed in accordance with the provisions of Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), so called GDPR and with the current regulations of the Polish law.
  3. The Seller processes personal data for the purpose of providing services by electronic means, concluding and performing agreements with a Client on selling products ordered by the Client in the Internet Store, and in the case of the Client giving appropriate consent, to send Newsletters, also for marketing purposes, including especially for the purpose of sending a Client commercial information by electronic means.
  4. Legal basis for personal data processing by the Seller is a voluntary consent of the data subject, or – on condition it is clearly stated – necessity of the processing for the performance of a contract.
  5. Personal data shall be stored to the moment of their withdrawal.
  6. The Seller can make the personal data collected from the Buyer/Client or other user of the Store available to entities listed in messages appearing on the Store’s website, also, the Seller can make the data available to entities cooperating with the Seller in the scope of fulfilling concluded transactions or sending marketing and commercial information. The Seller can also make the personal data available to local distributors, who will be concluding and carrying out contracts related to products and services offered by the Seller, for thepurpose of fulfilling these contracts and contacting with the Buyer/Client. The Seller does not transfer data outside of Poland/EU/European Economic Area.
  7. The Buyer/Client or other user of the Store has the right to access their data and to receive its copy, the right to rectify (correct) their data, right to erase the data, right to limit data processing, right to object against data processing, right to move data, right to lodge a complaint with a supervisory authority (Inspector General for the Protection of Personal Data or other body competent to protect personal data, which will replace GIODO) and right to withdraw the consent to personal data processing. In order to execute these rights, you should submit a request to the following email address: rodo@purles.eu, phone number: 22 723 88
    17 or personally in the Seller’s headquarters.
  8. Detailed information regarding personal data and privacy protection are included in the “Privacy policy” tab on the Store’s website.

 

§ 10

Final provisions

  1. Contracts are concluded through the Store in Polish language.
  2. 2. The Consumer shall have the right to negotiate the Terms and Conditions. In order to exercise this right, the Consumer shall contact the Service provider through traditional post, email or make a phone call.
  3. The law governing a concluded Contract is the Polish law.
  4. Any matters that are not regulated by the Terms and conditions, shall be governed by the generally applicable law, including especially the Civil Code Act, the Act on Providing Electronic Services, the Act.
  5. The Client shall be able to view the Terms and conditions any time, through the Store’s website and to print it out. They can also be delivered to the Client on request, free of charge through electronic mail.
  6. The Service provider or entities with whom the Service provider concluded relevant contracts shall have the exclusive right to the contents presented in the Online Store, especially copyrights to pictures, the Store’s name, trademarks of the Service provider and producers of Goods and graphic elements comprising them, software and rights related to databases, which are protected by law. Copying or other forms of use of any element of the Store without Service provider’s consent are forbidden.
  7. Any disputes arising between the Service provider, Seller and Client who is a Consumer of the Website, shall be resolved by the competent Common Court, in accordance to the regulations of the Civil Procedural Code Act.
  8. Any disputes arising between the Service provider, Seller and Client who is not a Consumer, shall be resolved by the Court competent to the registered office of the Service provider or Seller.
  9. The content of the Contract of sale and the Contract on providing electronic Services is solidified, protected and made available to the Client by making the Terms and conditions available on the Store’s website, by sending the Client an email message or by including a proof of purchase to the parcel.
  10. The Terms and conditions shall come into force on 25 May 2018.