The Administrator of the personal data collected by the Online Store is the Wieland Group Paweł Wieland, place of business and delivery address: ul. Senatorska 37, 60-326 Poznan, Tax Identification Number (NIP): 7772387209, REGON number: 639627218, e-mail address: email@example.com, phone number: +48 61 8674901, fax number: 061 867 49 01 – hereinafter referred to as ,,Administrator’’ that at the same time is a Seller.
Personal data of the Customer are processed in accordance with the Personal Data Protection Act of August 29, 1997. (Journal of Laws of 1997 no. 133, item 883 as amended) (hereinafter referred to as the Personal Data Protection Act) and the Act of July 18, 2002, on Providing Services by Electronic Means (Journal of Laws of 2002 no 144, item 1204 as amended).
The Administrator shall use his best efforts to protect the interests of the persons whom the data relates to and ensures that the collected data is processed in accordance with the law; collected for specified, lawful purposes and are not a subject of further processing incompatible with these purposes; factually correct and adequate in relation to these purposes in which they are process and stores in form that allows an identification of persons they concern, no longer than it is necessary to achieve the purpose of processing.
All words, terms, and acronyms appearing on this website that begin with a capital letter (e.g. Seller, Online Store, Service Provided by Electronic Means) shall be understood in accordance with their definition contained in Terms and Conditions of the www.electronite.eu store.
PURPOSE AND SCOPE OF COLLECTING OF PERSONAL DATA
Each time, the purpose and the receivers of data processed by the Administrator result from the action performed by the Service Recipient or Customer of the store. For example, if the Customer during submission of Order will choose self-pickup instead of courier shipment, then his personal data will be processed in order to conclude and implement the Sale Agreement, but they will not be shared with a courier chosen by the Administrator.
Possible purposes of personal data collection of Service Recipients or Customers by the Administrator:
2.2.1. conclusion and implementation of the Sale Agreement or Contract to Perform Service Provided by Electronic Means (e.g. Account).
2.2.2. direct marketing of own products or services of the Administrator.
2.3 Possible recipients of the personal data of the Customers of the www.electronite.eu store.
2.3.1 If the Customer that chose post office or courier shipping when placing an order in www.electronite.eu, the Administrator will share the collected personal data of the Customer to the chosen carrier.
2.3.2 If the Customer chose electrical payment method of payment with use of credit card when placing an order in www.electronite.eu, the Administrator will share the collected personal data of the Customer to the chosen payment service provider.
2.4. The Administrator may process following personal data of the Service Recipients and Customers of the www.electronite.ey store: first and last name; e-mail address; phone number; shipping address (street, house number, unit number, postal code, city, country), home address/business address (if different than the shipping address). If the Service Recipient or Customer is not a consumer, the Administrator may additionally process company name or the Taxpayer Identification Number (NIP) or the Service Recipient or Customer.
2.5. Providing personal data that are mentioned in the point above may be necessary for a conclusion and implementation of Sale Agreement or the Contract to Provide Service by Electronic Means in the www.electronite.eu store. Each time the scope of data required to conclude the agreement is previously listed on the www.electronite.eu website and in the Terms and Conditions section.
3. COOKIE FILES AND OPERATIONAL DATA
3.1 Cookie Files (cookies) are a small text information in form of text files sent by the server and saved on the side of the person that is visiting the www.electronite.eu store website (e.g. computer’s or laptop’s hard driver or the smartphone memory card – depending what device the visitor is using when visiting our Online Store). Detail information on Cookie files and the how they are created can be found here: http://pl.wikipedia.org/wiki/Ciasteczko.
3.2. The Administrator may process the data contained in the Cookie files during the time of their visit on the www.electronite.eu store website for the following purposes:
3.2.1. Identification of visitors placing orders as logged in the www.electronite.eu store and showing that they are logged in;
3.2.2. remembering Products added to the cart to place the Order;
3.2.3. remembering data from filled Order Forms, inquiries or logging data to the www.electronite.eu store
3.2.4. adjusting the content of the Electronite.eu website to individual preferences of the Customer (e.g. related to colors, font size, page layout) and optimization of the use of the store’s websites;
3.2.5. keeping anonymous statistics showing the way of use of the www.electronite.eu store website.
3.4. Browser setting the scope of cookie files are important from the point of view of consent to use the Cookie files by our www.electronite.ey store – according to regulations, such consent can be also expressed through settings of the web browser. In the event of the absence of such consent, the setting of the browser in the scope of cookie files can be changed.
3.5. Detail information on changing the settings of Cookie files and their self-removal in the most popular web browsers are available in the help section of the web browser and on the following websites (just click on the link):
in Chrome web browser
in Firefox web browser
in Internet Explorer web browser
in Opera web browser
in Safari web browser
3.6. The Administrator also processes anonymized operational data related to the use of www.electronite.eu store (IP address, domain) to generate statistics helpful in the administration of the store. The data has collective and anonymous nature, i.e. the data does not contain features that identify the person that is visiting www.electronite.eu website. These data are not shared with third parties.
4. BASIS OF DATA PROCESSING
4.1. Providing the personal data by the Service Recipient or Customer is voluntary, however not providing the data indicated on the store’s website and in the Terms of Conditions of the www.electronite.ey store i.e. personal data required to conduct and implement the Sale Agreement or Contract to Provide Service by Electronic Means will result in the absence of possibility to conclude that agreement.
4.2. The basis for the processing of personal data of the Service Recipient or the Customer is the need to implement the contract to which he is a party or to take action on his request before its conclusion. In the event when the data is processed for purposes such as direct marketing of own products or services by the Administrator the basis for such processing is (1) prior consent of the Service Recipient or Customer or (2) fulfilling legally justified purposes implemented by the Administrator (in accordance with Art. 23 section 4 Act on the Protection of Personal Data, the legal justification is in particular direct marketing the of Administrator’s own products or services).
5. THE RIGHT TO CONTROL, ACCESS TO CONTENT OF DATA AND CORRECTING THEM
5.1. Service Recipient or Customer has a right to access his own content of personal data and correcting them.
5.2. Every person has a right to control the processing of data that relate to him, contained in Administrator’s collection of data, and especially right for: requesting to complete them, update them, correcting them, temporary or permanent suspension of their processing or their removal, if they are incomplete, out-of-date, untrue or they have been collected in violation of the act or they are no longer required for purposes for which they were collected.
5.3. If the Service Recipient or the Customer does give consent for his data to be processed for direct marketing of products or services of Administrator, the consent may be revoked at any time.
5.4. In the event, when the Administrator intends to process or is processing data of Service Recipient or Customer for direct marketing of own products and services of Administrator, the person whom the data relates have also right for (1) submit a motivated request to stop processing of his data due to a special situation or to (2) make an objection to the processing of his data.
6. FINAL PROVISIONS
6.2. The Administrator uses technical and organizational means to ensure the protection of personal data being processed against hazards and categories of data that protected, in particular, protect data against unauthorized access, being taken by an unauthorized person, processing in violation of applicable laws and changes, loss, damage or destruction.
6.3. The Administrator provides the following technical means that prevent the collection and modification by an unauthorized person of personal data sent electronically:
6.3.1. Protection of data collection against unauthorized access.
6.3.2. Access to the account only after providing individual login and password.
TERMS AND CONDITIONS OF ONLINE STORE
TABLE OF CONTENT:
SERVICES PROVIDED BY ELECTRONIC MEANS IN ELECTRONITE.EU STORE
CONDITIONS FOR CONCLUDING AND IMPLEMENTING THE SALE AGREEMENT
COSTS, METHODS AND DELIVERY DATES AND PRODUCT PICK-UP
COMPLAINT OF THE PRODUCT
OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND CLAIMS AND CONDITIONS OF ACCESS TO THESE PROCEDURES
RIGHT TO WITHDRAW FROM THE AGREEMENT (APPLIES TO SALE AGREEMENTS CONCLUDED FROM DECEMBER 25, 2014).
PROVISIONS RELATED TO ENTREPRENEUR
CONDITIONS FOR PROCESSING OF PERSONAL DATA
WITHDRAWAL FROM THE SALE AGREEMENT FORM SAMPLE
Online Store www.electronite.eu care about consumer rights. The consumer may not waive the rights that were given him based on the Act of Consumer Rights. The provisions of agreements that are less favorable for the consumer than provisions of the Act of Consumer Rights are invalid and provisions of the Acts of Consumer Rights shall apply. Therefore, the provisions of this Terms and Conditions are not intended to exclude or limit any consumer rights given to them by virtue of mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In the event of non-compliance of the provisions of this Terms and Conditions with the above regulation, priority is given to these regulations and should be applied.
Online store www.electronite.eu is owned by Wieland Group Paweł Wieland, place of business and delivery address: ul. Senatorska 37, 60-326 Poznan, Taxpayer Identification Number (NIP): 7772387209, REGON number: 639627218, e-mail address: firstname.lastname@example.org, phone number: 061 867 49 01 and fax: 061 867 49 01.
These Terms and Conditions are directed to both the Consumers and Entrepreneurs that are using the services of the store (excluding point 9 of Terms and Conditions, that is only directed to entrepreneurs).
ONLINE STORE ELECTRONITE – website of the Wieland Group, available at www.electronite.eu
BUSINESS DAY – one day from Monday to Friday excluding public holidays.
REGISTRATION FORM – form available at www.electronie.eu that enables to create an Account.
ORDER FORM – Service Provided by Electronic Means, interactive form available at www.electronite.eu that enables to submit an Order, in particular by adding Products to electronic Cart and specifying conditions of Sale Agreement including shipping method and payment method.
CUSTOMER – (1) natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which is granted with legal capacity by law; – which concluded or intents to conclude a Sale Agreement with the Seller.
CIVIL CODE – Act of Civil Code of April 23, 1964 (Journal of Laws no 16, item 93 as amended).
ACCOUNT – Service Provided by Electronic Means signed by individual name (login) and password chosen by the Service Recipient; a collection of data in IT system of Service Provider where all the data is collected as well as information on the history of Orders in the electronite.eu store.
NEWSLETTER – Service Provided by Electronic Means with use of e-mail which enables all users automatic message from Service Provider of a cyclical content of subsequent editions of the newsletter containing information about Products, New Arrivals and Promotions in the electronite.eu store
PRODUCT – available in the electronite.eu store as a movable good or service that is a subject of the Sale Agreement between the Customer and the Seller, made in accordance with the Specifications of the Product
TERMS AND CONDITIONS – this Terms and Conditions
SELLER; Wieland Group Paweł Wieland, place of business and delivery address: ul. Senatorska 37, 60-326 Poznan, Taxpayer Identification Number (NIP): 7772387209, REGON number: 639627218, e-mail address: email@example.com, phone number: 061 867 49 01 and fax: 061 867 49 01.
SALE AGREEMENT – agreement of sale or agreement to make a Product concluded between the Customer and Seller via electronite.eu store.
SERVICE PROVIDED BY ELECTRONIC MEANS – service provided by electronic means by the service provided via electronite.eu store
SERVICE RECIPIENT – (1) natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which is granted with legal capacity by law; that uses or intends to use Service Provided by Electronic Means.
REGULATION ON CONSUMER RIGHTS, REGULATION – regulation of May 30, 2014, on consumer rights (Journal of Laws of 2014 item 827 as amended).
ORDER – Customer declaration submitted with use of Order Form and aiming directly to the conclusion of the Sale Agreement of the Product with the Seller.
SERVICES PROVIDED BY ELECTRONIC MEANS
2.1. In the electronite.eu store following Services Provided by Electronic Means is available: Account, Order Form and Newsletter.
2.1.1 Account – the use of the Account is possible after fulfilling a total of two steps by the Service Recipient – (1) filling the Registration Form, (2) clicking on the Register’’ field. In the Registration Form it is required to provide by the Service Recipient for Service Provider following data: first and last name/company name, address (street, house/unit number, postal code, city, country), e-mail address, phone number, and password. In the case of Service Recipients that are not Consumers it is also required to provide company name and Taxpayer Identification Number (NIP).
188.8.131.52. Service Provided by Electronic Means Account is free of charge for an indefinite period of time. Service Recipient has the possibility, at any time and without providing a reason, delete the Account (cancellation of the Account) by sending an appropriate request to the Service Provider, in particular with the use of e-mail to firstname.lastname@example.org or in written form to ul. Senatorska 37, 60-326 Poznan.
2.1.2 Order Form – use of Order Form begins with the moment of adding by the Customer a first Product to the electronic cart in the electronite.eu store. Placing an Order takes place after the Customer completes a total of two steps (1) – after filling out the Order Form (2) by clicking on the ‘’Confirm the Purchase’’ field on the electronite.eu store website – up till this moment there is a possibility to modify the entered data yourself (to do so, follow the displayed notification and information available on the store’s website). In the Order Form, it is required for the Customer to provide the following data about the Customer: first name and last name/company name, address (street, house/flat number, postal code, city, country), e-mail address, telephone number and data regarding the Sale Agreement: Product(s), configurations (parameters) of Product(s), the amount (quantity) of Product(s), place and shipping method of Product(s), payment method. In case of Customers are not Consumers it is required to provide the name of the company and taxpayer identification number (NIP).
184.108.40.206. Service Provided by Electronic Means Order Form the provided service is free of charge and one-off which means it terminated when the Order is placed or when the Customer will stop placing an Order before submitting it.
2.1.3. Newsletter – the use of Newsletter takes place after entering an e-mail address to the tab visible on the electronite.eu store. Further editions of the Newsletters should be sent after clicking the ‘’Send’’ field.
220.127.116.11. Service Provided by Electronic Means Newsletter is free of charge for an indefinite period of time. Service Recipient has the possibility, at any time and without providing a reason, withdraw from the Newsletter (cancellation of the Newsletter) by sending an appropriate request to the Service Provider, in particular with the use of e-mail to email@example.com or in written form to ul. Senatorska 37, 60-326 Poznan.
2.3. The Service Recipient is obliged to use the electronite.eu store in a lawful and moral with respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing unlawful content.
2.4. Complaint procedure
2.4.1. Complaints related to the implementation of Electronic Services by the Service Provider and other complaints related to the operation of the electronite.eu store (excluding the complaint procedure of the Product, which was indicated in point 6 of the Terms and Conditions). The Customer may submit, for example to:
2.4.2. firstname.lastname@example.org ul. Senatorska 37, 60-326 Poznan
2.4.3. It is recommended for the Customer to provide in the description of the complaint the following: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Customer’s request; and (3) contact information of the complainant – this will make the complaint procedures on the side of the Service Provider quicker. The requirements from the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.4. The response to the complaint by the Service Provider takes place immediately, but not later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING AND IMPLEMENTING THE SALE AGREEMENT
3.1. The conclusion of the Sale Agreement between the Customer and Seller takes place after the Customer has placed an Order using the Order Form in the store in accordance with the point 2.1.2 of these Terms and Conditions.
3.2. The Price of the Product shown on the electronite.eu store website is given in Polish Zloty as Gros and Net prices. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including transport, delivery, and postal charges) as well as other costs, and if it is impossible to determine the amount of these fees – about the obligation to pay, the Customer shall be informed on the pages of the electronite.eu store when placing the Order, including when the Customer intends to be bound by the Sale Agreement.
3.3. The procedure of concluding a Sale Agreement in the electronite.eu store with the use of the Order Form
3.3.1. The Sale Agreement between the Customer and the Seller is concluded after placing an order in the electronite.eu store by the Customer.
3.3.2. After placing the Order, the Seller immediately confirms it and at the same time accepts the Order to be processed. Confirmation of the Order and its acceptance for implementation shall take place by sending by the Seller appropriate e-mail message provided by the Customer that contains at least Seller’s statement about the confirmation of the Order and its acceptance as well as confirmation of the conclusion of the Sale Agreement. Upon receiving the above e-mail message by the Customer, a Sale Agreement is concluded between the Customer and the Seller.
3.4. File Verification Procedure, commencement of the implementation of the Sale Agreement by the Seller.
3.4.1. After the conclusion of the Sale Agreement, a File Verification it is carried out by the Seller immediately (maximum within one Business Day). If, as a result of File Verification, it turns out that Graphic Files require corrections, the Seller immediately informs about it the Customer by e-mail message, which is obliged to make corrections in accordance with the Seller’s information and send the corrected Graphic Files to the Seller.
3.4.2. The Seller shall proceed to the implementation of the Sale Agreement at the moment of: (1) completing the File Verification (if no corrections are necessary) or (2) receiving the Corrected Graphic Files by the Seller from the Customer in accordance with the Seller’s comments sent to the Customer after the File Verification (in case of necessity to introduce corrections) or (3) receiving by the Seller a Customer’s request to start the implementation of the Sale Agreement despite the lack of positive File Verification and failure to send corrected Graphics Files by the Customer.
3.4.3. The Seller performs the Product that is the subject of the Sale Agreement in accordance with the Product Specification based on the Customer’s Graphics Files and any arrangements between the Customer and the Seller as part of the File Verification.
3.5. Consolidation, protection, and access for the Customer to the content of the concluded Sale Agreement are affected by (1) providing these Terms and Conditions on the electronite.eu website and (2) sending the e-mail message referred to in point. 3.3.2. of the Terms and Conditions. The content of the Sale Agreement is additionally consolidated and secured in the IT system of the Seller’s electronite.eu store.
4. PAYMENT METHODS
4.1. The Seller provides the Customer with the following payment methods under the Sale Agreement:
4.1.1. Cash on delivery
4.1.2. Cash/credit card payment at self-pickup
4.1.3. Bank transfer to the Sellers bank account.
4.1.4. Electronic payments and credit card payments via PayU.pl, Dotpay.pl or PayPal.com – possible current payment methods are specified on the Online Store website in the “Payment methods” section and on the website http://www.payu.pl, http://www.dotpay.pl or http://www.paypal.com.
18.104.22.168. Settlements of transactions by electronic payments and credit card payments are carried out in accordance with the Customer’s choice via PayU.pl, Dotpay.pl or PayPal.com. The service of electronic payments and credit card payments are provided by:
22.214.171.124.1. PayU.pl – PayU SA with the registered office in Poznań, 60-166 Poznań, ul. Grunwaldzka 182, entered into the Register of Entrepreneurs kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Department of the National Court Register under KRS number 0000274399, with a share capital of 4,000,000 PLN paid up in full and Taxpayer Identification Number. (NIP): 779-23-08-495, statistical number REGON: 300523444.
126.96.36.199.3. Dotpay.pl – DOTPAY S.A. with the registered office in Krakow, 30-552 Krakow, ul. Wielicka 72, Taxpayer Identification Number (NIP): 6342661860, REGON number: 240770255, entered into the Register of Entrepreneurs kept by the District Court for Krakow, 9th Commercial Department of the National Court Register under KRS number: 0000296790, with a share capital of 4.000.000,00 paid up in full.
4.2. Payment deadline:
4.2.1. In the case when the Customer chooses to pay with cash at the self-pickup, bank transfer, electronic payments or credit card payments, the Customer is obligated to make the payment within 7 calendar days since the day when the Sale Agreement was concluded.
4.2.2. In the case when the Customer chooses to pay at the delivery, the Customer is obligated to make the payment at the moment of receiving the order.
5. COST, METHODS AND TIME OF DELIVERY AND SELF-PICKUP
5.1. Delivery of Product is available on the territory of Poland.
5.2. The delivery of the Product to the Customer is payable unless the Sale Agreement provides otherwise. The delivery costs of the Product (including charges for transport, delivery, and postal services) are introduced to the Customer on the electronite.eu website in the “Delivery costs” section and during the Order placement, including also when the customer intends to be bound by the Sale Agreement.
5.3. Self-Pickup of the Product by the Customer is free of charge.
5.4. The Seller provides the Customer with the following shipping or pickup methods:
5.4.1. Courier shipping, Cash on delivery courier shipping.
5.4.2. Self-pickup available in ul. Senatorska 37, 60-326 Poznan – on Business Days from 9.00am to 5.00pm.
5.5. the time of delivery of the Product to the Customer or its readiness for self-pickup by the Customer is up to 5 Business Days, unless a shorter deadline is given in the description of the Product or when placing the Order. This date should be counted from the moment of the confirmation of the Order being processed in accordance with item 3.4.2. Of the Terms and Conditions, with the reservation that if the Customer selects the method of payment by bank transfer, electronic payment or by credit card, from the day of crediting the Seller’s bank account or settlement account.
6. COMPLAINT OF THE PRODUCT
6.1. The basis and scope of the Seller’s liability towards the Customer, if the sold Product has a physical or legal defect (Warranty) is defined by generally applicable laws, in particular in the Civil Code. For Sale Agreements concluded till 24 December 2014, the basis and scope of the Seller’s liability towards the Customer who is a natural person who purchases the Product for purposes unrelated to professional or commercial activity, for non-compliance with the Sale Agreement are defined by generally applicable laws, in particular the Act of July 27, 2002 on special terms of consumer sales and amendments to the Civil Code (Journal of Laws of 2002 No. 141, item 1176, as amended).
6.2. The Seller is obliged to provide the Customer with a Product without defects.
6.3. The complaint may be submitted by the Customer, for example:
6.4. email@example.com ul. Senatorska 37, 60-326
6.5. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular, the type and date of the defect occurrence; (2) request a way to bring the Product into compliance with the Sale Agreement or a statement of price reduction or withdrawal from the Sale Agreement; and (3) contact details of the complaining party – this will make the complaint procedures quicker. The requirements from the preceding sentence are only recommendations and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
6.6. The Seller shall respond to the Customer’s complaint immediately, but no later than within 14 calendar days from the date of its submission. Lack of the Seller’s response in the above-mentioned time means that the Seller has considered the complaint as justified.
6.7. The Customer who is using his rights granted by the Warranty is obliged to deliver the defective Product at the expense of the Seller to the following address: ul. Senatorska 37, 60-326 Poznan. If due to the type of the Product or the method of its installation, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.
7. OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND CLAIMS AND CONDITIONS OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility of the Customer that is a consumer using the out-of-court method of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection and the following links of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_individualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
7.2. The Customer who is a consumer has the following exemplary possibilities to use out-of-court means of dealing with complaints and redress:
7.2.1. The Customer is entitled to apply to a permanent amicable consumer court, referred to in art. 37 of the Act of December 15, 2000, on the Trade Inspection (Journal of Laws of 2001 No. 4 item 25, as amended), with a request to settle the dispute arising from the concluded Sale Agreement. The regulations of the organization and operation of permanent consumer courts of arbitration are specified in the regulation of the Minister of Justice of September 25, 2001, on defining the rules of organization and operation of permanent consumer courts of arbitration. (Journal of Laws 2001, No. 113, item 1214).
7.2.2. The Customer is entitled to apply to the voivodship inspector of Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000, on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and procedure conducted by the voivodeship inspector of the Trade Inspection is available at the offices and on the websites of individual Voivodship Inspectorates of the Trade Inspection.
7.2.3. The Customer may get free help in resolving the dispute between the Customer and the Seller, also using the free help of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (among the others Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation under the free consumer helpline phone number 800 007 707 and by the Association of Polish Consumers via e-mail firstname.lastname@example.org.
8. RIGHT TO WITHDRAW FROM THE AGREEMENT (APPLIES TO SALE AGREEMENTS CONCLUDED FROM DECEMBER 25, 2014).
8.1. A Consumer who has concluded a distance agreement may, within 14 calendar days, withdraw from the agreement without giving any reason and without incurring costs, except for the costs specified in point. 8.8 of the Terms and Conditions. To comply with the deadline, it is enough to send a statement before its expiry. The declaration on withdrawal from the agreement may be made, for example to email@example.com; ul. Senatorska 37, 60-326 Poznań. A sample withdrawal from the agreement form is included in Annex 2 to the Consumer Rights Act and is additionally available in point 11 of the Terms and Conditions. The consumer may use the form sample, however, it is not mandatory.
8.2. The period for withdrawing from the agreement begins for:
8.2.1. for an agreement whereby the Seller issues a Product, being obliged to transfer its ownership (e.g. a Sale Agreement) – from taking the Product into possession by the consumer or a third party designated by him, other than the carrier, and in the case of a agreement which: (1) consists of many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period of time – from taking possession of the first Product;
8.2.2. for all other agreements – from the date of agreement conclusion.
8.3. In the event of withdrawal from a distance agreement, the agreement is considered as not concluded.
8.4. The Seller is obliged to immediately, but no later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the agreement, return all payments, including the delivery costs of the Product (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest standard delivery method available at the electronite.eu store). The seller shall refund the payment using the same method of payment as the consumer used unless the consumer has expressly agreed to a different method of return, which does not entail any costs for him. If the Seller has not offered to pick up the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until receipt of the Product or delivery by the consumer of proof of his return, depending on which event occurs first.
8.5. The consumer is obliged to immediately, but no later than within 14 calendar days from the day on which he has withdrawn from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller for pickup, unless the Seller suggested that he will pick up the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: ul. Senatorska 37, 60-326 Poznań
8.6. The consumer is liable for the reduction in the value of the Product as a result of using it in a way that it according to what it is made, characteristics and functioning of the Product.
8.7. Possible costs related to the consumer’s withdrawal from the agreement that the consumer is obliged to incur:
8.7.1. If the consumer chose the method of delivery of the Product other than the cheapest standard delivery method available in the electronite.eu store. The seller is not obliged to return additional costs incurred by the consumer.
8.7.2. The consumer bears direct costs of returning the Product.
8.7.3. In the event when the Product being a service whose performance – at the request of the consumer – started before the deadline to withdraw from the agreement, the consumer who uses his right to withdraw from the agreement after making such a request is obliged to pay for the services fulfilled until the withdrawal from the contract. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the agreement. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service.
8.8. The right to withdraw from a distance agreement is not available to the consumer in relation to following agreements:
8.8.1. (1) for providing of services, if the Seller has fully provided the service with the consent of the consumer who has been informed before the implementation of the service beginning that he will lose the right to withdraw from the agreement after the performance of the service by the Seller; (2) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer’s specification or serving to satisfy his individual needs; (3) in which the object of the service is a Product that is quickly deteriorating or has a short expiration date (4) in which the subject of the service is a Product delivered in a sealed package, which after opening of the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; (5) in which the subject of the service are Products which after delivery, due to their nature, are inseparably connected with other items; (6) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery; (7) for delivering newspapers, periodicals or magazines, with the exception of a subscription agreement; (8) for delivery of digital content that is not stored on a tangible medium if the performance commenced with the consumer’s express consent before the deadline for withdrawal and after informing the Seller about the loss of the right to withdraw from the contract.
9. PROVISIONS RELATED TO ENTREPRENEUR
9.1. This point of the Terms and Conditions and the provisions contained herein apply only to Customers and Service Recipients who are not consumers.
9.2. The Seller has the right to withdraw from the Sale Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sale Agreement, in this case, may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer in relation to the Seller.
9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment for whole or part, regardless of the payment method chosen by the Customer and the fact of concluding the Sale Agreement.
9.4. At the moment the release of the Product by the Seller to the courier, the carrier shall pass to the Customer who is not a consumer – the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product. In such a case, the Seller shall not be liable for any loss, loss or damage to the Product arising from its acceptance for transport until it is delivered to the Customer and for the delay in transporting the shipment.
9.5. In the event of sending the Product to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such shipments. If he determines that during the transport there was a loss or damage to the Product, he is obliged to perform all actions necessary to determine the liability of the carrier.
9.6. According to art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
9.7. In the case of Service Recipients who are not consumers, the Service Provider may terminate the agreement of Service Provided by Electronic Means with immediate effect and without indicating reasons by sending a relevant statement to the Service Recipient.
9.8. Liability of the Service Provider/Seller in relation to the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the price paid and delivery costs under the Sale Agreement, however, not more than up to one thousand PLN. The Service Provider/Seller is liable towards the Service Recipient/Customer who is not a consumer only for typical damage predictable at the time the agreement is concluded and is not liable for lost profits in relation to the Service Recipient/Customer who is not a consumer.
9.9. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient who is not a consumer shall be subject to the court having jurisdiction over the seat of the Seller/Service Provider.
10. FINAL PROVISIONS
10.1. Agreements concluded via the electronite.eu store are concluded in Polish, English, German or Norwegian, depending on the origin of the ordering party.
10.2. Change of Terms and Conditions:
10.2.1. The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, such as changes in the law; changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Terms and Conditions.
10.2.2. In case of concluding on the basis of these Terms and Conditions continuous agreements (e.g. Providing Services by Electronic Means – Account), the amended regulations bind the Service Recipient if the requirements specified in art. 384 and 384  of the Civil Code, that is, the Service Recipient was correctly informed about the changes and did not terminate the agreement within 14 calendar days from the date of notification. In the event that a change in the Terms and Conditions would result in the introduction of any new fees or increase in the existing Customers who is a consumer has the right to withdraw from the agreement.
10.2.3. In the case of concluding agreements of a different nature from continuous contracts (e.g. a Sale Agreement), amendments to the Terms and Conditions will not in any way affect the acquired rights of Service Recipients/Customers who are consumers before the effective date of amendments to the Terms and Conditions, in particular amendments to the Terms and Conditions will not impact on already placed or submitted Orders and concluded, implemented or executed Sale Agreements.
10.3. In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Electronic Services of July 18, 2002 (Journal of Laws of 2002 No. 144, item 1204, as amended); for Sale Agreements concluded until December 24, 2014 with Customers who are consumers – provisions of the Act on the protection of consumer rights and liability for damage caused by a dangerous product of 2 March 2000 (Journal of Laws 2000 No. 22, item 271 as amended) and the Act on special terms of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws of 2002 No. 141, item 1176, as amended); for Sale Agreements concluded from December 25, 2014 with Customers who are consumers – the provisions of the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.
11. CONDITIONS FOR PROCESSING OF PERSONAL DATA
Who is processing your data? We would like to inform that the Administrator of your personal data is Paweł Wieland, ul. Żabikowska 90, 62-051 Wiry operating under the Wieland Group company, ul. Senatorska 37, 60-326 Poznań. From May 25, 2018, for cases regarding the processing of your data, please contact the Data Protection Inspector via the following address: firstname.lastname@example.org
Personal data will be processed by the company for the following purposes:
– registration in the www.electronite.eu system and in accounting systems for the exchange of information between parties
– take action to conclude and execute the agreements to provide services, both via online stores and orders by e-mail, traditional mail or courier delivering a parcel – taking action before the conclusion of the contract at the request of the data subject or performance of the contract to which the person is a party, which data concern (data required to conclude the agreement are indicated in the registration forms)
– fulfilling the legal obligations of the Administrator;
– marketing of own products or services (based on consent),
– investigating or securing own claims or a customer’s claims including complaints – providing the customer with information on proposed changes to orders, regulations, prices, confirmation of accepting a complaint and replying to an indicated e-mail address. Personal data of the customer will not be disclosed to third parties and the information will be provided by the administrator.
The period of time during which personal data will be stored:
1) personal data processed for the purposes related to the conclusion or implementation of the agreement and order as well as fulfillment of the Administrator’s legal obligation will be kept for 5 years from registration or conclusion of the agreement, and after its expiry for the period necessary to:
– fulfill the legal obligation of the Administrator (e.g. resulting from tax or accounting regulations);
– personal data processed for the purposes of marketing of Wieland Group Paweł Wieland products or services based on a legitimate legal interest will be processed until the person will express an objection;
Rights of the person whom the data concern:
1) the right to access the content of your personal data, i.e. the right to obtain confirmation whether the Administrator processes data and information regarding such processing
2) the right to make corrections to the data if the data processed by the Administrator is incorrect or incomplete
3) the right to request the Administrator to delete data
4) the right to request the Administrator to limit the processing of data
5) the right to transfer data, i.e. the right to receive personal data provided to the Administrator and to send it to another administrator;
6) the right to object to the processing of data based on the justified interest of the Administrator or to the processing for the purpose of direct marketing
7) the right to file a complaint to the Polish supervisory body or supervisory body of another European Union member state competent for the place of habitual residence or work of the data subject or due to the place of an alleged violation of the GDPR
8) the right to withdraw consent at any time (without affecting the legality of the processing, which was made on the basis of consent before its withdrawal)
9) the right to obtain human intervention on the part of the Administrator, to express his own position and to challenge the decision based on automated data processing.
The rights listed above can be implemented, among others through contact with data protection supervisor email@example.com