Shop rules

I. General Provisions

1. These Regulations define the general conditions, rules for using the Online Store and the method of providing electronic services and sales via the Online Store www.alufox.pl by ALUFOX® Witold Symonajć with its registered office in Olsztyn, ul. Lubelska 27, 10-406 Olsztyn.
2. Contact with the Service Provider takes place via:
a. email address sklep@alufox.pl;
b. by phone at +48 504 062 736
3. These Regulations are continuously available on the website https://www.alufox.pl, in a way that allows Users to obtain, reproduce and record its content by printing or saving it on a carrier at any time.

II. Definitions

The terms used in the Regulations mean:
1. Working days – these are days from Monday to Friday, excluding public holidays;
2. Customer – a natural person, legal person or an organizational unit that is not a legal person, whose specific provisions grant legal capacity, who places an Order within the Store;
3. Civil Code – Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
4. Regulations – this document;
5. Online Store (Store) – websites through which the Customer can
in particular place Orders;
6. Seller – ALUFOX® Witold Symonajć with its registered office in Olsztyn, ul. Lubelska 27, 10-406 Olsztyn, NIP: 736-256-06-18, REGON: 510539336.
7. Goods – products presented in the Online Store, the description of which is available for each
from the presented products;
8. Sales contract – a contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
9. Services – services provided by the Seller to Customers electronically within the meaning of the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
10. Act on consumer rights – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
11. Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
12. Order – Customer’s declaration of intent, aiming directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.

III. Rules for using the Online Store

1. Using the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
a. a computer with Internet access,
b. access to e-mail,
c. Internet Explorer version 11 or newer, Firefox version 28.0 or newer or Chrome version 32 or newer,
d. activating Cookies and Javascript in the web browser.
2. Using the Online Store means any activity of the Customer that leads to his familiarization with the content contained in the Store.
3. The customer is obliged in particular to:
a. not to provide or transmit content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
b. use the Online Store in a way that does not interfere with its functioning,
in particular through the use of specific software or devices,
c. refrain from taking actions such as: sending or posting unsolicited commercial information (spam) as part of the Online Store,
d. use the Online Store in a way that is not inconvenient for other customers and for the Seller,
e. use all content posted as part of the Online Store only for your own personal use,
f. use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet.

IV. Services

1. The Seller enables the use of free Services via the Online Store consisting of:
a. viewing information posted in the Online Store,
b. providing an interactive form enabling Customers to place an Order
in the shop,
2. Indicated in point 1 The services are provided by the Seller 24 hours a day, 7 days a week.
3. Agreement:
a. for the provision of a service consisting in viewing information posted in the Store is concluded for a definite period of time and terminates when the Customer closes the Store’s website,
b. for the provision of a service consisting in providing an interactive form enabling Customers to place an Order in the Store is concluded for a definite period of time and terminates upon submission of the Order,
4. The Store has the right to organize occasional competitions and promotions, the conditions of which will be each time provided on the Store’s website.
5. Promotions in the Store cannot be combined, unless the Regulations of a given promotion do not st

otherwise.

V. Procedure for concluding a Sales Agreement

1. Information about the Goods provided on the Store’s websites, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a contract, within the meaning of Art. 71 of the Civil Code.
2. The condition for placing an Order is to have an active e-mail account.
3. The condition for placing an Order by phone is to have an active e-mail account and telephone line.
4. The condition for placing an Order via e-mail is to have an active e-mail account.
5. Through the Order form, Orders may be placed for 24 hours, 7 days
a week, and Orders placed by phone or e-mail can be placed on Business Days from 8.00 to 18.00
6. Orders may be placed by:
a. completing the electronic Order form, including the Customer’s data needed to complete the Order, in particular: name and surname, place of residence and e-mail address,
b. placing an Order by phone using the telephone number provided by the Seller on the Store’s website, including the Customer’s data needed to complete the Order, in particular: name and surname, place of residence and e-mail address; name of the Good and its quantity, form of delivery and method of payment,
c. placing an Order by sending an e-mail to the e-mail address provided by the Seller on the Store’s website, including the Customer’s data needed to process the Order, in particular: name and surname, place of residence and address
e-mail; name of the Good and its quantity, form of delivery and method of payment.
7. In order to conclude a Sales Agreement via the Online Store and the Order form provided therein, it is necessary to select the goods by taking further technical steps
based on the messages displayed to the Customer and information available on the website.
8. The selection of the ordered Goods by the Customer is made by adding them to the basket.
9. After the Customer using the Online Store provides all the necessary data, a clear and visible summary of the placed Order will be displayed. The summary of the placed Order will contain information on:
a. description of the subject of the Order,
b. unit and total price of the ordered products or services, including taxes, including delivery costs and additional costs (if any),
c. how to contact the Seller,
d. selected payment method and date,
e. selected delivery method,
f. delivery time,
g. Customer’s contact details
h. invoice data
11. In order to send the Order, it is necessary to accept the content of the Regulations, and confirm that you have read the “Instruction on withdrawal from the contract”, provide personal data marked as mandatory and press the “Confirm order” button.
12. Sending the Order by the Customer constitutes submitting to the Seller an offer to conclude a contract for the sale of the Goods being the subject of the Order.
13. After placing the Order, the Customer receives an e-mail confirming receipt of the Order (along with the individual Order number), containing the final confirmation of all essential elements of the Order. The Seller may contact the Customer before confirming the Order in order to confirm the data.
14. Then, the Seller sends to the e-mail address provided by the Customer a confirmation of placing the Order by the Customer, which is the Seller’s declaration of acceptance of the offer referred to in point 12 above.
15. Customers placing Orders in the Store by phone or by sending an e-mail in order to place an Order should:
a. provide by phone or in the content of an e-mail addressed to the Seller the name of the Goods from among the Goods available on the Store’s website and their quantity,
b. indicate the method of delivery and form of payment from among the methods of delivery and payment provided on the Store’s website
c. provide the data needed to process the Order, in particular: name and surname, place of residence and e-mail address.
16. Information on the total value of the Order is provided each time by the Seller orally after completing the entire Order and selecting the form of delivery by the Customer and specifying the form of payment, or by informing
by e-mail. In the case of Customers who are consumers within the meaning of art. 22 [1] of the Civil Code, the Seller, each time after placing an Order via telephone or e-mail, sends the Customer a confirmation of the terms of the placed Order, which will contain information regarding:
a. description of the subject of the Order,
b. the unit and total price of the ordered products or services, including taxes, including delivery costs and additional costs that (if any),
c. how to contact the Seller,
d. selected payment method and date,
e. selected delivery method,
f. delivery time,
g. Customer’s contact details
h. invoice data
i. regulations
j. instruction on the right to withdraw from the contract along with its template.
17. The Agreement is concluded when the Customer sends (in response to the confirmation of the Order conditions sent by the Seller) an electronic message to the Seller’s e-mail address, in which the Customer: accepts the content of the sent Order and agrees to its implementation and accepts the content of the Regulations and confirms that he has read with instructions on withdrawal from the contract.
18. Consolidation, security, disclosure and confirmation to the Customer of the essential provisions of the Agreement for the sale of Goods takes place by sending them to the Customer to the e-mail address provided and by attaching a VAT invoice to the shipment containing the Goods.
19. The sales contract is concluded in Polish, with the content in accordance with the Regulations.

VI. Delivery

The delivery of the Goods is limited to the territory of the Republic of Poland and takes place to the address indicated by the Customer when placing the Order
1. The Customer may choose the following forms of delivery of the ordered Goods:
a. through a courier company
b. personal collection at the Seller’s personal collection point
2. Additionally, the delivery costs will be indicated when placing the Order.
3. Delivery is carried out immediately, no later than within 2 days from the conclusion of the contract. 4. The Seller is liable for defects in items in accordance with the provisions of the Civil Code, in particular
article 556 and 5561 -5565 of the Civil Code.

VII. Prices and Payment Methods

1. The prices of the Goods are given in Polish zlotys and include all components, including VAT, customs duties and any other components.
2. The customer may choose the following payment methods:
a. a bank transfer to the Seller’s bank account (in this case, the implementation of the Order will start after the Seller sends the confirmation of acceptance of the Order to the Customer, and the shipment will be made immediately after the funds are credited to the Seller’s bank account) within 7 days;
b. cash on personal collection – payment at the seller’s personal collection point (in this case, the Order will be processed immediately after the Seller sends the confirmation of acceptance of the Order to the Customer, and the Goods will be released at the seller’s personal collection point);
c. cash on delivery, payment to the supplier when making the delivery (in this case, the implementation of the Order and its shipment will start after the Seller sends the Customer confirmation of acceptance of the Order);
d. electronic payments via the PayU system: bank transfer or payment by a payment card to the Seller’s account in the PayU system (in this case, the implementation of the Order will start after the Seller sends the Customer confirmation of the Order, and the shipment will be made immediately after the funds are credited to the Seller’s account in PayU system) within 7 days;
Electronic payments are supported by:
PayU S.A. with its registered office in Poznań at ul. Grunwaldzka 182, entered into the Register of Entrepreneurs kept by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000274399, NIP: 779-23-08-495, REGON 300523444.
The regulations and rules for electronic payments in the PayU system can be found at the following website: http://www.payu.pl
3. In the case of some types of assortment available at ALUFOX® Witold Symonajć, the Seller reserves the right to limit the method of payment by not providing certain payment and delivery options.
4.  In the case of some types of assortment in ALUFOX® Witold Symonajć that are not available in stock and are made-to-order products, ALUFOX® Witold Symonajć reserves the right to expect an advance payment in order to start the order.

VIII. Personal data protection

1. The Seller is the Personal Data Administrator.
2. The Buyer’s personal data is processed on the basis of the Personal Data Protection Act of August 29, 1997 (Journal of Laws No. 133, item 883).
3. Personal data of the Buyer are necessary only for the execution of the Order. They will not be used for marketing purposes.
4. In order to process the Order, the Buyer’s data will be made available to the PayU S.A. electronic payment operator. and courier companies performing Deliveries, having valid contracts with the Seller for the delivery of courier parcels.

IX. Right to withdraw from the contract

1. A customer who is a consumer within the meaning of art. 22 [1] of the Civil Code may withdraw from it without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline, it is enough to send a statement before its expiry.
2. The customer may formulate a statement on his own or use a template statement
on withdrawal from the contract, which constitutes Appendix No. 1 to the Regulations.
3. The 14-day period is counted from the date on which the Goods were delivered or, in the case of a contract for the provision of Services, from the date of its conclusion.
4. The seller, upon receipt of the declaration of withdrawal from the contract by the consumer, will send to the consumer’s e-mail address a confirmation of receipt of the declaration of withdrawal from the contract.
5. The right to withdraw from the contract by the consumer is excluded in the case of:
a provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract;
b. a contract in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract;
c. an agreement in which the subject of the service is a non-prefabricated Good, manufactured according to the consumer’s specifications or serving to meet his individual needs;
d. a contract in which the subject of the service is Goods that deteriorate quickly or have a short shelf life;
e. a contract in which the subject of the service is Goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
f. an agreement in which the subject of the service are Products, which after delivery, due to their nature, are inseparably connected with other items;
h. a contract in which the consumer explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Goods other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Goods;
i. a contract in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; delivery of newspapers, periodicals or magazines, except by contract
for a subscription;
j. a contract concluded by way of a public auction;
k. provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
l. delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline for withdrawing from the contract and after informing him by the Seller about the loss of the right to withdraw from the contract.
5. In the event of withdrawal from a distance contract, the contract is considered void. What the parties have provided is returned unchanged, unless the change was necessary within the limits of ordinary management, and in particular to determine the nature, characteristics and functioning of the item. The return should take place immediately, not later than within 14 days. The purchased Goods should be returned to the Seller’s address.
6. The Seller shall promptly, but not later than within 14 days from the date of receipt of the consumer’s declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the Goods. The seller returns the payment using the same method of payment as used by the consumer, unless the consumer agrees to a different method of return, and this method will not involve any cost for the consumer.
7. If the consumer has chosen a method of delivering the Goods other than the cheapest usual method of delivery offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by the consumer.
8. The Customer bears only the direct cost of returning the Goods, unless the Seller agreed to bear them.

X. Complaints about Goods

1. The Seller is liable to the Customer, including the Customer who is a consumer within the meaning of Art. 22 [1] of the Civil Code, under the warranty for defects on the terms set out in Art. 556 – 576 of the Civil Code.
2. Complaints arising from the violation of the Customer’s rights guaranteed by law or under these Regulations should be sent to the address of ALUFOX® Witold Symonajć ul. Lubelska 27, Olsztyn, e-mail address: sklep@alufox.pl
3. In order to consider the complaint, the Customer should send or deliver the complained Goods, if possible, attaching the proof of purchase to it. The goods should be delivered or sent to the address indicated in point 2 above.
4. The Seller undertakes to consider each complaint within 14 days.
5. In the event of deficiencies in the complaint, the Seller will call the Customer to supplement it to the extent necessary immediately, but not later than within 7 days from the date of receipt of the request by the Customer. The seller returns the shipping costs to the customer.
6. The manufacturer is liable under the warranty for the sold Goods on the terms and for the period indicated in the warranty card. If the warranty document provides for such a possibility, the customer may submit his claims under the warranty directly to the authorized service whose address is included in the warranty card.

XI. Complaints regarding the provision of electronic services

1. The customer may submit complaints to the Seller in connection with the functioning of the Store and the use of the Services. Complaints can be submitted in writing to the following address: ALUFOX® Witold Symonajć ul. Lubelska 27, Olsztyn, to the e-mail address: sklep@alufox.pl.
2. In the complaint, the Customer should provide his name and surname, correspondence address, type and description of the problem.
3. The Seller undertakes to consider each complaint within 14 days, and if it was not possible, to inform the Customer within this period when the complaint will be considered. In the event of deficiencies in the complaint, the Seller will call the Customer to supplement it to the extent necessary within 7 days from the date of receipt of the request by the Customer.

XII. Out-of-court methods of settling complaints and pursuing claims

1. The customer who is a consumer has, among others: the following possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
a. is entitled to apply to the permanent amicable consumer court operating at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement.
b. has the right to apply to the voivodship inspector of the Trade Inspection with a request
to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller.
c. can obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers) . Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Polish Consumers Association at the email address: porady@dlakonsumentow.pl.

XIII. Final Provisions

1. Resolution of any disputes arising between the Seller and the Customer who is a consumer within the meaning of art. 22 [1] of the Civil Code, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
2. Setting any disputes arising between the Seller and the Customer who is not a consumer within the meaning of art. 22 [1] of the Civil Code of the Civil Code, is subject to the court competent for the seat of the Seller.
3. In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Act on consumer rights and other relevant provisions of Polish law shall apply.
4. The content of these Regulations may be changed. Each Customer will be informed about any changes through information on the Store’s home page containing a list of changes and the date of their entry into force. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement.