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Terms and conditions
TERMS AND CONDITIONS OF THE ONLINE STORE
§1
Definition of the Seller
1 The owner of the Shop: rubber products online store rubber articles
Online eGuma.pl [hereinafter referred to as Seller] is:
POWER Rubber Robert Piotrowski
with registered office at Moszna-Parcela 55A, 05-840 Brwinów
NIP: 5342331435,
REGON: 365271408,
Phone: 505160303,
E-mail: sklep@eguma.pl
§2
General provisions
1. online store [hereinafter referred to as Skleadrp] conducts sales via the Internet on the basis of
based on these Regulations [hereinafter Regulations].
(2) The Client [hereinafter referred to as Client] may be:
- a natural person of full legal capacity
residing in Poland or in the European Union,
- a natural person of full legal age who conducts business activity and resides in Poland or in the European Union
on the territory of the European Union,
- a legal person or an organizational unit without legal personality, to which the law grants legal capacity
Act grants legal capacity, based in Poland or in the European Union,
which is authorized to make decisions, and incur obligations on behalf of the
entity,
- a minor acting with the consent of a parent or legal guardian.
(3) A consumer [hereinafter referred to as Consumer] under Article 221 of the Civil Code (Dz.U. 1964 no.
16 item 93 as amended) is a natural person making a legal transaction with the Store
legal transaction not directly related to his/her business or professional activity.
(4) An entrepreneur [hereinafter referred to as Entrepreneur] is a natural person conducting business activity
business activity subject to entry in the Central Register and Information on Business Activity
Business Activity Information (CEiDG) performing a legal action (concluding a purchase/sale agreement)
directly related to its business or professional activity, when from the content of the concluded
agreement shows that it does not have a professional character for the Entrepreneur. The nature
professional character is evident from the subject matter of the business activity performed, in particular from the
PKD numbers.
(5) Goods [hereinafter referred to as Goods] is a movable item available in the Store, which is the subject of a sales contract
purchase agreement between the Store and the Customer.
(6) The Regulations are an integral part of the sales contract concluded with the Customer.
(7) the prices given in the Store are gross prices (including VAT).
(8). the Goods available in the Store are new and free from physical and legal defects. Exception
are goods with clearly marked defects and traces of use.
Liability for defects is defined by applicable laws, in particular
Article 12(1)(13) of the Consumer Rights Act (Journal of Laws. 2014 item 827 as amended
amendments), Articles 556 and 556
1
-5563 of the Civil Code (Dz.U. 1964 no. 16 item 93 with later amendments).
as amended).
§3
Orders
1. orders can be placed via interactive forms available on the websites of the
Store's website (customer's shopping cart).
(2) The prerequisite for the execution of the order is to provide data allowing the verification of the
Customer and recipient of the goods. The Store confirms acceptance of an order by sending to the
e-mail address provided during order placement, a message describing the subject of the order.
order. If the Customer provides incomplete, incorrect, contradictory information
Customer when placing an order, the Store will contact the Customer in order to remove the errors.
errors. By placing an order, the Customer makes an offer to conclude a contract of sale
of the ordered goods.
(3) The parties are bound by the information visible on the Store's website next to the purchased
goods at the time of placing the order.
(4) After placing an order, it is verified. Then the Store sends to the e-mail address provided
e-mail address provided by the customer, information about acceptance of the order for processing
and its subsequent stages. Information on acceptance of an order for processing is
Seller's statement of acceptance of the offer referred to in §3 item 2, and upon its
receipt by the Customer, the Sales Agreement is concluded. After the conclusion of the Contract of Sale
Sales Agreement, the Store confirms its terms to the Customer by sending them to the e-mail address
e-mail address.
(5)The information on the Store's website does not constitute an offer within the meaning of the
Civil Code.
6.If there is no indication of the lead time on the website of the
Store, the lead time may be up to 12 months.
§4
Payment
1.The customer has a choice of payment methods:
- payment by bank transfer to a designated bank account (wire transfer),
- electronic payment through PayPal ltd (PayPal),
- electronic payment through PayPro S.A. (dotpay),
- payment on delivery (cash on delivery).
(2) Shipping prices are specified in the order summary.
(3) The condition for the release of goods is payment for the goods and shipment.
(4) The customer is obliged to pay the amounts due under the concluded contract
regardless of the selected method of payment and delivery.
(5) In the event of non-payment by the customer within 7 days from the date of conclusion of the contract (and in the
case of cash on delivery payment) the Store will call the Customer to collect and pay for the goods
goods, setting a deadline for fulfillment of the obligation. In the event of non-payment
the amount due under the contract within the specified period, the Store may withdraw from the
the sales contract.
(6) The term of the contract is calculated from the moment in which the funds for the order
are credited to the Store's bank account or from the moment of positive authorization of
payment (does not apply to download).
(7) The lead time for orders paid on delivery is calculated from the working day
following confirmation of the order by the Store referred to in §3 paragraph 4.
§5
Shipping of goods
(1) The ordered goods Store sends via courier companies.
(2) Pursuant to Article 545 par 2 of the Civil Code, if the goods are sent to the place of
destination through a carrier, the Customer is obliged to examine the shipment in the
time and in the manner accepted for shipments of this type; if he finds that during the
carriage, there was a loss or damage to the Goods, he is obliged to do all
actions necessary to determine the carrier's liability.
§6
Claims under warranty
(1) In the case of non-conformity of the goods with the contract, the Consumer should report the defect along with a
description of non-conformity to the address given in paragraph 1.
(2) The Shop shall respond to the Consumer's complaint within 14 days from the moment of
receipt of the complaint.
(3) The model of the complaint form is attached as Appendix 2 to the Regulations.
(4) The Shop shall be liable to the Consumer under the law of warranty, regulated by the
Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93 as amended) for a period of 24 months.
months.
(5) At the time of the occurrence of a defect, the Consumer may demand from the Shop (under the right of
warranty):
- exchange the goods for a new one;
- repair of the goods;
- reduction of the price;
- withdraw from the contract - if the defect is significant.
The Shop will respond to the Consumer's demands within 14 days of receiving the request.
The store will consider the request, taking into account the following circumstances:
- the ease and speed of replacing or repairing the goods;
- the nature of the defect - material or immaterial;
- whether the goods have been previously advertised.
(6) The Store may refuse requests to replace or repair the goods provided,
that the replacement or repair of the goods is not feasible, or compared to the
the second of the possible demands, would require excessive costs. The store will offer in such a case
alternative solution in such case.
(7) Any Consumer may use out-of-court means of handling complaints and
investigation of claims. Wanting to take advantage of the possibility of amicable resolution of disputes
regarding online shopping, he can submit his complaint e.g;
- through the EU online ODR platform, available at:
http://ec.europa.eu/consumers/odr/ ,
- through the regional Regional Inspector of Commercial Inspection,
the list is available at https://www.uokik.gov.pl/wazne_adresy.php#faq595
- due to the location of the Store, the case can be addressed directly to the
Mazovian Regional Inspector of Trade Inspection in Warsaw at.
Henryka Sienkiewicza 3, 00-015 Warsaw
http://www.wiih.org.pl/index.php?id=131
The course of proceedings for out-of-court settlement of consumer disputes
is defined by the currently applicable laws (in particular, in the Act of
September 23, 2016 on out-of-court resolution of consumer disputes).
(8) Any complaints regarding the use of services provided by the Store should be
be sent to the addresses given in §1 of these Regulations.
§7
Complaints under warranty
(1) The provisions of this paragraph apply only to non-consumer customers.
(2) Pursuant to Article 558 of the Civil Code, the Shop's liability under warranty is
excluded.
(3) Complaints should be addressed to the email address specified in paragraph 1, providing the following
data: name, surname, name, address, date of conclusion of the contract, subject of the contract, date of discovery of the
defect, type of defect, claim, confirmation of the existence of a defect at the time of release of the Goods, contact information
contact (email), and any photos and other information that may affect the
the complaint process.
(4) The store will respond to the submitted complaint within 14 calendar days.
§8
Right of withdrawal from the contract
(1) Under the Consumer Rights Act of May 30, 2014,
Consumer/Entrepreneur has the right to withdraw from the contract without giving any reason.
(2) Withdrawal from the contract is effective if the Consumer/Entrepreneur submits within 14
days from the date of delivery of the goods, a statement of withdrawal from the contract. To meet the deadline
is sufficient to submit the statement before its expiration. The form of submission of the statement may be
any, e.g.
- the statement can be made on a form, the model of which is attached to the Law
on consumer rights of May 30, 2014. (constituting Appendix 1 to the regulations
regulations),
- by email to the address specified in paragraph 1 of these regulations,
- by mail to the address specified in paragraph 1 of these Regulations.
(3) The Consumer / Entrepreneur shall return the goods to the Store within 14 days from the submission of the
declaration of withdrawal from the contract at his own expense.
(4) The Store shall return the funds within 14 days of receipt of the statement. The Shop may
withhold the return of the payment until it receives the Goods back or provides
by the Consumer/Entrepreneur proof of its return, whichever event
occurs earlier.
(5) The Shop shall return the funds using the same method of payment used by the
Consumer/Entrepreneur. In the case of payment by payment card, the return of funds
shall be made to the card account.
(6) In the event that the Consumer/Entrepreneur has chosen a delivery method other than the cheapest one offered by the Store
Store, the method of delivery of the item, the Store will not reimburse the Consumer/Entrepreneur
the additional costs incurred by him/her. The Shop will only refund the cost of the cheapest
delivery of the item to the Consumer/Entrepreneur.
(7) The Consumer/Entrepreneur shall pay all direct costs of returning the Item (e.g.
costs of packaging, protection, shipping).
(8) The right of withdrawal does not apply to the Consumer / Entrepreneur in cases of contracts:
- in which the subject of performance is a non-refabricated Goods, produced
according to the specifications of the Consumer/Entrepreneur or used to meet his/her
individualized needs;
- in which the subject of performance is Goods delivered in sealed
packaging which, once opened, cannot be returned for health or hygiene reasons.
health or for hygienic reasons, if the package has been opened after
delivery;
- in which the subject matter of the performance is Goods subject to rapid deterioration or having a
short shelf life;
- on the provision of services, if the Shop has fully performed the service with the express consent of the
Consumer/Entrepreneur who was informed before the start of the service
performance, that after the fulfillment of the service by the Store will lose the right to withdraw from the contract
contract;
- Provision of digital content that is not recorded on a tangible medium, if the
the performance has begun with the express consent of the Consumer / Entrepreneur
before the expiration of the deadline for withdrawal from the contract and after the Shop has informed him/her
about the loss of the right to withdraw from the contract;
- in which the subject of the provision are Goods, which after delivery, due to the
their nature, are inseparably combined with other Goods.
(9) Pursuant to Article 31 of the Law on Consumer Rights of May 30, 2014, in the event of
withdrawal from a contract concluded at a distance or a contract concluded off-premises
enterprise, the contract shall be deemed not concluded.
10. the Consumer/Entrepreneur shall be liable for any diminution in the value of the Goods,
resulting from its use beyond what is necessary to ascertain the
nature, characteristics and functioning.
11. the Store offers goods that, due to their nature, cannot be in the usual way
returned by mail. The cost of returning such goods depends on how the
Consumer/Entrepreneur of the return (including the selected transport company) and may amount to
even PLN 1,000 per item.
§9
Services provided electronically
(1) The Store provides the following services electronically:
- contact through the form;
- publishing opinions about goods.
(2) The services specified in item 1 shall be provided 7 days a week, 24 hours a day.
3 Service:
- contact through a form - consists in sending messages by the Customer through
through interactive forms contained on the websites of the
Store. The contract is concluded when the Customer uses the
contact form;
- publication of opinions about goods - consists in publishing next to certain goods
individual statements of Customers.
4.Resignation from services provided electronically is possible at any time without
incurring any additional costs. Resignation takes place depending on
service provided:
- contact service through the form - by ending the use of forms
interactive forms available on the Store's websites;
- publication of opinions about goods - consists in discontinuation of publication of statements.
(5) The Store in case of detection of actions to the detriment of the Store, violation of laws, violation of the
provisions of the Regulations may at any time limit, block, or remove
Customer access to the services specified in paragraph 1. The Store shall inform the Customer of the blocking
or restriction of access to services via e-mail sent to the address
provided in the form.
(6) Services are provided indefinitely, but the Store may restrict access to them,
block or modify them by informing the Customer in the manner specified in paragraph 12.
Clause 4.
(7) Both the Customer and the Store may terminate the contract for the provision of services specified in paragraph
1 at any time by sending an e-mail with a statement of intent.
8.
§10
Privacy protection
(1) The Store shall process Customers' personal data in accordance with applicable laws in the
the manner specified in the Privacy Policy (Appendix 3).
§11
Technical measures
(1) In order to use the Online Store, including browsing the assortment and placing orders
orders, it is necessary to have:
(a) a terminal device (e.g. computer, tablet, smartphone) with access to the Internet and an
Internet browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera,
Safari;
(b) active electronic mail (e-mail) account;
(c) JavaScript enabled;
d) acceptance of the use of cookies (required to place an order).
§12
Entry into force and amendments to the Regulations
(1) The Regulations shall come into force on the date of publication on the Store's website.
(2) These Regulations may be amended.
(3) Amendments to the Regulations will be published on the Store's website.
4th Information about changes to the Regulations will be sent to the Customer at the e-mail address indicated
in the account settings.
(5) Amendments to the Terms and Conditions shall come into force after 14 days from the date of their publication in the manner
specified in paragraph 3.
(6) The Store shall consider that the Customer having an account on the Store's website has accepted the
changes to the Regulations if he/she has not terminated the contract by the end of the period indicated in paragraph.5.
(7) In matters not covered by the provisions of these Regulations shall be applicable
Polish law.
Attachment No. 1
WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)
POWER Rubber Robert Piotrowski
Moszna-Parcela 55A, 55A
05-840 Brwinów
E-mail: sklep@eguma.pl
I ____ hereby inform of my withdrawal from the contract for the supply of the following goods:______________
Date of agreement/delivery:_________________________________________________
Name and Surnamy/Name:______________________________________________________
Adress:_____________________________________________________________________
Signature*:_____________________________________________________________
*only if the form is sent in paper form
Date: __________________________________________________
Attachment No. 2
COMPLAINT FORM
POWER Rubber Robert Piotrowski
Moszna-Parcela 55A, 55A
05-840 Brwinów
E-mail: sklep@eguma.pl
I _______ hereby inform you of the discovery of defects in the following goods:_____________
Date of detection of defects:_______________________________________
Detailed description of the detected defects:______________________________________________
Data zawarcia umowy/dostawy:________________________________________________
Customer's Name:______________________________________________________
Adrecs of Customer:_______________________________________________________________
Customer's demands: replacement of goods with new goods/repair of goods/reduction of goods
reduction of the price/ withdrawal from the
Contract - (if the defect is material)*.
* delete as appropriate
Value of price reduction according to the Customer's request_____________________________________
Informacje dodatkowe:_________________________________________________
Podpis Klienta**:_____________________________________________________________
**only if the form is sent in paper form
Date: __________________________________________________
Any customer who is a consumer may use out-of-court means of handling complaints and claims. Wanting
take advantage of the possibility of amicable resolution of disputes concerning online shopping, the consumer can file his complaint
e.g. via the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/
Appendix 3
Privacy policy
§1
GENERAL PROVISIONS
(1) The privacy policy contains rules regarding the processing of personal data by the
Store, including the basis, purposes and scope of personal data processing and the rights of data subjects,
data subjects, as well as information on the use of cookies and analytical tools.
analytical tools.
(2) The controller of personal data collected via the Online Store
is POWER Rubber Robert Piotrowski
with registered office in Moszna-Parcela 55A, 55A , 05-840 Brwinów
NIP: 5342331435,
REGON: 365271408,
Phone: 505160303
E-mail: sklep@eguma.pl
hereinafter referred to as the “Administrator”
3. personal data in the Online Store are processed by the Administrator in accordance with
applicable laws, in particular in accordance with Regulation of the European Parliament
European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of individuals
natural persons in connection with the processing of personal data and on the free
flow of such data and repealing Directive 95/46/EC (General Data Protection Regulation
Data Protection) - hereinafter referred to as “RODO”.
(4) The use of the Online Store, including making purchases, is voluntary.
Similarly, the related provision of personal data by the using the Online Store
Online Store of the Customer is voluntary, except for:
- conclude agreements not in the cases and to the extent indicated on the site
Online Store and in the Regulations of the Online Store and this
privacy policy personal data necessary to conclude and perform
Sales Agreement or contract for the provision of Electronic Services with the
Administrator results in the impossibility to conclude such an agreement. Providing
personal data in such a case is a contractual requirement and if the person,
whom the data concern wants to conclude a given agreement with the Administrator, he/she is
obliged to provide the required data. Each time the scope of data
required to conclude a contract is indicated in advance on the website of the Store
Internet Shop
- Statutory obligations - providing personal data is a statutory requirement
statutory requirement resulting from universally binding legal regulations
imposing an obligation on the Administrator to process personal data (e.g.
processing of data for tax or accounting purposes) and
failure to provide them will make it impossible for the Administrator to perform such obligations.
(5) The Administrator shall exercise special care to protect the interests of the persons whose
personal data processed by him, and in particular is responsible and
ensures that the data it collects are:
- processed in accordance with the law;
- collected for specified lawful purposes and not subjected to further
processed incompatible with those purposes;
- Substantially correct and adequate in relation to the purposes for which they are processed;
- kept in a form that makes it possible to identify the persons to whom they relate, for no
longer than necessary to achieve the purpose of processing;
- processed in a manner that ensures adequate security of personal data
personal data, including protection against unauthorized or unlawful
processing and accidental loss, destruction or damage, by means of
appropriate technical or organizational measures.
(6) Taking into account the nature, scope, context and purposes of the processing and the risk of violation of
rights or freedoms of natural persons with different probability and severity of the threat,
Administrator shall implement appropriate technical and organizational measures so that the processing
is carried out in accordance with the Regulation and to be able to demonstrate this. The Administrator shall apply measures
technical measures to prevent unauthorized persons from obtaining and modifying, personal data
personal data sent electronically.
§2
GROUNDS FOR DATA PROCESSING
(1) The Administrator shall be entitled to process personal data in cases where - and to the extent to which - at least one of the following conditions is met.
and to the extent that - at least one of the following conditions is met:
- the data subject has consented to the processing of his/her personal data
for one or more specified purposes;
- processing is necessary for the performance of a contract to which the data subject is a party
data subject, or to take action at the request of the data subject before
entering into a contract;
- processing is necessary for the fulfillment of a legal obligation incumbent on the
Administrator;
- processing is necessary for purposes arising from the legitimate
interests pursued by the Administrator or by a third party, except for
situations where these interests are overridden by the interests or
fundamental rights and freedoms of the data subject which require protection of the
personal data, in particular when the data subject is a child.
(2) The processing of personal data by the Controller requires in each case the existence of
at least one of the grounds indicated above. The specific grounds for processing
of Customers' personal data are indicated below
§3
PURPOSE, BASIS, PERIOD AND SCOPE OF DATA PROCESSING
(1) Each time the purpose, basis, period and scope and recipients of personal data
processed by the Administrator results from the activities undertaken by a given
Customer in the Online Store. For example, if a Customer decides to make a
shopping in the Online Store and chooses to pick up the purchased Goods in person instead of
courier delivery, his/her personal data will be processed for the purpose of executing the concluded
Sales Agreement, but will no longer be made available to the carrier making the shipments
on behalf of the Administrator.
(2) The Administrator may process personal data in the Online Store for the following purposes
purposes, on the following grounds, for the following periods and to the following extent:
Purpose of data processing
Legal basis for processing / period of data storage Scope of processed data
Performance of the Sales Agreement or the contract for the provision of Electronic Services
Article 6(1)(b) of the Regulation
RODO (performance of the contract)
Data shall be stored for the period
necessary for the execution, termination or
expiration of the otherwise concluded
contract.
Scope: first and last name; address
email address; contact telephone number
contact telephone number; address
delivery (street, house no,
premises number, postal code,
city, country), address
residence/conduct of business
business/site (if different
different from the delivery address), IP address, ID
customer.
Bookkeeping
Article 6(1)(c) of the Regulation
RODO in conjunction with Article 74(2) of the Law on
i.e. dated January 30, 2018
r. (Journal of Laws of 2018, item 395)
The data are kept for the period required by law requiring the Administrator to keep tax books (until the expiration of the statute of limitations for tax liability, unless otherwise provided by tax laws) or accounting books (5 years, counting from the beginning of the
of the year following the fiscal year,
to which the data relates).
Name; address
residence/conduct of
business/site (if different
different from the delivery address), name
company and tax identification number
Tax identification number (NIP) of the customer
Determination,
asserting or defending claims that the Administrator may raise or that may be raised against the Administrator
Article 6(1)(f) of the Regulation
RODO
Data is stored for the period of
the existence of a legitimate interest
pursued by the Administrator, not
longer, however, than for the period of
statute of limitations for claims against
the data subject on account of
business activities conducted by the Administrator
business activity. The period
statute of limitations is determined by the provisions of law,
in particular the Civil Code
(the basic statute of limitations for
claims related to the conduct of
business activity is three years,
and for a sales contract two years).
Name and surname; telephone number
contact number; e-mail address
electronic mail; delivery address
(street, house number, premises number,
postal code, city, country),
address of residence/business
business/site (if different
different from the delivery address).
Handling of requests
Article 6(1)(f) of the Regulation
RODO
The data is stored for the period
the existence of a legitimate interest
pursued by the Administrator, not
longer, however, than for the period of
statute of limitations for claims against
the data subject on account of
business activities conducted by the Administrator
business activity. The period
statute of limitations is determined by the provisions of law,
in particular the Civil Code
(the basic statute of limitations for
claims related to the conduct of
business activity is three years,
and for a sales contract two years).
Name, surname, email address, IP address
Publication of product reviews on websites
Article 6(1)(a) of the Regulation
RODO (consent)
Data is stored until
withdrawal of consent by the data subject
To which the data relate.
First and last name; telephone number
contact number; email address
electronic mail; delivery address
(street, house number, premises number,
postal code, city, country),
address of residence/business
business/site (if different
different from the delivery address).
§4
DATA RECIPIENTS
1. for the proper functioning of the Online Store, including the execution of concluded
Sales Agreements it is necessary for the Administrator to use the services of external entities
external entities. The Administrator uses only the services of such processors,
who provide sufficient guarantees for the implementation of appropriate technical and
organizational measures so that the processing meets the requirements of the RODO Regulation and protects the
rights of data subjects.
(2) The transfer of data by the Administrator does not take place in every case and not to
all recipients or categories of recipients indicated in the Privacy Policy -.
The Administrator shall transfer data only when it is necessary for the purpose in question
processing of personal data and only to the extent necessary for its realization.
For example, if the Customer uses personal pickup, his/her data will not be transferred to
to a carrier cooperating with the Administrator.
(3) Personal data of the Customers of the Online Store may be transferred to the following
recipients or categories of recipients:
- carriers / courier brokers - in the case of a Customer who uses in the Online Store
Internet Store from the method of delivery of Goods by post or courier service,
The Administrator shall make the collected personal data of the Customer available to the selected carrier
or intermediary performing shipments on behalf of the Administrator to the extent
necessary to complete the delivery of the Goods to the Customer.
•- entities handling electronic or credit card payments - in the case of
Customer who uses in the Internet Shop the method of electronic payment
or by payment card, the Administrator makes available the collected personal data of the Client to a selected
entity handling the aforementioned payments in the Internet Shop on behalf of the
Administrator to the extent necessary to handle the payment made by the Customer.
- service providers supplying the Administrator with technical, IT
and organizational solutions enabling the Administrator to conduct its business
business, including the Online Store and the Electronic Services provided through it.
Electronic Services (in particular, providers of computer software
for running the Online Store, e-mail and hosting providers, and
provider of business management and technical support software
Administrator) - the Administrator makes available the collected personal data of the Client
to a selected provider acting on its behalf only in the case and to the
extent necessary to realize the given purpose of data processing in accordance with the
this privacy policy.
- providers of accounting, legal services providing support to the Administrator
accounting, legal (in particular, an accounting office, law firm or debt collection company
debt collection company) - the Administrator provides the collected personal data of the Client to the selected
supplier acting on its order only in the case and to the extent
necessary to fulfill the given purpose of data processing in accordance with this
privacy policy.
§5
PROFILING
(1) The Administrator may use profiling on the Online Store for marketing purposes,
but the decisions made by the Administrator on its basis do not relate to the conclusion or
refusal to conclude a Sales Agreement, or the possibility of using services in the Online Store.
Online Store. The effect of using profiling in the Online Store may be, for example.
granting a given person a discount, sending him/her a discount code, reminding about
unfinished shopping, sending a suggestion of goods that may match the
person's interests or preferences, or offering better terms and conditions
compared to the standard offer of the Online Store. Despite the profiling, it is the person
freely decides whether he or she will want to take advantage of the resulting received
discount or better terms and conditions and make a purchase from the Online Store.
2. profiling in the Online Store consists of automatic analysis or forecasting of
behavior of a given person on the website of the Online Store, e.g. by adding a specific
Goods to the shopping cart, browsing the page of a specific Goods in the Online Store, or
by analyzing the previous history of purchases made at the Online Store.
The condition for such profiling is that the Administrator has the personal data of the
of the person in question in order to be able to subsequently send him/her, for example, a discount code.
(3) The data subject has the right not to be subject to a decision that is based
solely on the basis of automated processing, including profiling, and produces to that
person legal effects or in a similar manner materially affects that person.
§6
RIGHTS OF THE DATA SUBJECT
(1) Right of access, rectification, restriction, erasure or portability - the data subject
concerned has the right to request from the Administrator access to his/her personal data, their
rectification, erasure (“right to be forgotten”) or restriction of processing, and
has the right to object to processing, and has the right to portability of
of their data. The detailed conditions for exercising the rights indicated above are indicated in
Articles 15-21 of the RODO Regulation.
2. right to withdraw consent at any time - a person whose data is processed
by the Administrator on the basis of expressed consent has the right to withdraw consent at
any time without affecting the legality of the processing that was performed on the basis of the
on the basis of consent before its withdrawal.
(3) The right to lodge a complaint with a supervisory authority - the person whose data is processed by the
Administrator, has the right to lodge a complaint to the supervisory authority in the manner and procedure
specified in the provisions of the RODO Regulation and Polish law, in particular the
Personal Data Protection Act. The supervisory authority in Poland is the President of the Office
Protection of Personal Data.
4 Right to object - the data subject has the right at any time to raise an
objection - for reasons related to his or her particular situation - to the processing of
of personal data concerning him/her based on Article 6 (1) (e) (interest or tasks of the
public) or (f) (legitimate interest of the controller), including profiling under
based on these provisions. The controller in such a case is no longer allowed to process
such personal data, unless it demonstrates the existence of valid legitimate
grounds for processing, overriding the interests, rights and freedoms of the data subject
to which the data subject relates, or grounds for establishing, asserting or defending claims.
(5) In order to exercise the rights referred to in this paragraph, you can contact the
with the Administrator by sending an appropriate message in writing or by e-mail
e-mail to the Administrator's address indicated in paragraph 1.
§7
COOKIES IN THE ONLINE STORE, EXPLOITATION DATA AND
ANALYTICS
1. cookies(cookies)are small text information in the form of text files,
sent by the server and saved on the side of the person visiting the site of the Internet Store
Internet Shop website (e.g. on the hard drive of a computer, laptop, or on the memory card of a smartphone
- depending on the device used by the visitor to our Online Store).
Detailed information about cookies, as well as the history of their creation can be found
among others here: http://pl.wikipedia.org/wiki/Ciasteczko.
(2) The Administrator may process the data contained in the Cookies files during the use by
visitors from the website of the Online Store for the following purposes:
- identifying Customers as logged in to the Online Store and showing that they
are logged in;
- remembering Goods added to the shopping cart for the purpose of placing an Order;
- remembering data from completed Order Forms, surveys or data
logging into the Online Store;
- adaptation of the content of the Internet Store's website to individual
Client's preferences (e.g. concerning colors, font size, page layout) and
optimize the use of the pages of the Internet Shop;
- keep anonymous statistics showing the manner of use of the pages of the
Online Store;
- remarketing, i.e. studying the behavioral characteristics of visitors to the Online Store
through anonymous analysis of their actions (e.g. repeated visits to specific pages
pages, keywords, etc.) in order to create their profile and provide them with advertisements
tailored to their anticipated interests, including when they visit
other websites on the advertising network of Google Inc. and Facebook
Ireland Ltd;
3. by default, most web browsers available on the market by default
accept the storage of cookies. Everyone has the possibility to determine the conditions
use of Cookies through the settings of your own web browser. This means
This means that you can, for example, partially restrict (e.g. temporarily) or completely disable the ability to
storing Cookies - in the latter case, however, this may affect
some of the functionality of the Online Store (for example, it may not be possible to
pass the path of the Order through the Order Form due to not remembering the
Goods in the shopping cart during the subsequent steps of placing an Order).
4. the settings of your Internet browser regarding cookies are important from the point of view of
terms of your consent to the use of Cookies by our Online Store - in accordance with the
regulations, such consent can also be given through the settings of your web browser
Internet browser settings. In the absence of such consent, the settings of the
of your Internet browser with regard to Cookies.
5. detailed information on how to change the settings for Cookies and their
independent removal in the most popular web browsers are available in the help section of your web browser.
help section of your web browser.
6 The Administrator may use Google Analytics, Universal Analytics on the Online Store
Analytics provided by Google Inc. (1600 Amphitheatre Parkway, Mountain
View, CA 94043, USA), the Facebook Pixel service provided by Facebook Ireland
Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland). These services help
Administrator to analyze traffic on the Online Store. The data collected is processed
are anonymized within the framework of the above services (these are so-called exploitation data,
which prevent the identification of a person) to generate statistics that help in the
administration of the Online Store. These data are aggregate and anonymous, i.e. they do not
contain identifying characteristics (personal data) of visitors to the website of the Online Store
Online Store. The administrator using the above services in the Online Store
collects such data as the sources and medium of obtaining visitors to the Online Store and
the manner of their behavior on the website of the Online Store, information on devices and
browsers from which they visit the site, IP and domain, geographic data and data on
demographics (age, gender) and interests.
7 It is possible for a person to easily block the sharing of Google
Analytics information about their activity on the website of the Online Store - for this purpose you can
install a browser add-on provided by Google Inc. available here:
https://tools.google.com/dlpage/gaoptout?hl=p
§1
Definition of the Seller
1 The owner of the Shop: rubber products online store rubber articles
Online eGuma.pl [hereinafter referred to as Seller] is:
POWER Rubber Robert Piotrowski
with registered office at Moszna-Parcela 55A, 05-840 Brwinów
NIP: 5342331435,
REGON: 365271408,
Phone: 505160303,
E-mail: sklep@eguma.pl
§2
General provisions
1. online store [hereinafter referred to as Skleadrp] conducts sales via the Internet on the basis of
based on these Regulations [hereinafter Regulations].
(2) The Client [hereinafter referred to as Client] may be:
- a natural person of full legal capacity
residing in Poland or in the European Union,
- a natural person of full legal age who conducts business activity and resides in Poland or in the European Union
on the territory of the European Union,
- a legal person or an organizational unit without legal personality, to which the law grants legal capacity
Act grants legal capacity, based in Poland or in the European Union,
which is authorized to make decisions, and incur obligations on behalf of the
entity,
- a minor acting with the consent of a parent or legal guardian.
(3) A consumer [hereinafter referred to as Consumer] under Article 221 of the Civil Code (Dz.U. 1964 no.
16 item 93 as amended) is a natural person making a legal transaction with the Store
legal transaction not directly related to his/her business or professional activity.
(4) An entrepreneur [hereinafter referred to as Entrepreneur] is a natural person conducting business activity
business activity subject to entry in the Central Register and Information on Business Activity
Business Activity Information (CEiDG) performing a legal action (concluding a purchase/sale agreement)
directly related to its business or professional activity, when from the content of the concluded
agreement shows that it does not have a professional character for the Entrepreneur. The nature
professional character is evident from the subject matter of the business activity performed, in particular from the
PKD numbers.
(5) Goods [hereinafter referred to as Goods] is a movable item available in the Store, which is the subject of a sales contract
purchase agreement between the Store and the Customer.
(6) The Regulations are an integral part of the sales contract concluded with the Customer.
(7) the prices given in the Store are gross prices (including VAT).
(8). the Goods available in the Store are new and free from physical and legal defects. Exception
are goods with clearly marked defects and traces of use.
Liability for defects is defined by applicable laws, in particular
Article 12(1)(13) of the Consumer Rights Act (Journal of Laws. 2014 item 827 as amended
amendments), Articles 556 and 556
1
-5563 of the Civil Code (Dz.U. 1964 no. 16 item 93 with later amendments).
as amended).
§3
Orders
1. orders can be placed via interactive forms available on the websites of the
Store's website (customer's shopping cart).
(2) The prerequisite for the execution of the order is to provide data allowing the verification of the
Customer and recipient of the goods. The Store confirms acceptance of an order by sending to the
e-mail address provided during order placement, a message describing the subject of the order.
order. If the Customer provides incomplete, incorrect, contradictory information
Customer when placing an order, the Store will contact the Customer in order to remove the errors.
errors. By placing an order, the Customer makes an offer to conclude a contract of sale
of the ordered goods.
(3) The parties are bound by the information visible on the Store's website next to the purchased
goods at the time of placing the order.
(4) After placing an order, it is verified. Then the Store sends to the e-mail address provided
e-mail address provided by the customer, information about acceptance of the order for processing
and its subsequent stages. Information on acceptance of an order for processing is
Seller's statement of acceptance of the offer referred to in §3 item 2, and upon its
receipt by the Customer, the Sales Agreement is concluded. After the conclusion of the Contract of Sale
Sales Agreement, the Store confirms its terms to the Customer by sending them to the e-mail address
e-mail address.
(5)The information on the Store's website does not constitute an offer within the meaning of the
Civil Code.
6.If there is no indication of the lead time on the website of the
Store, the lead time may be up to 12 months.
§4
Payment
1.The customer has a choice of payment methods:
- payment by bank transfer to a designated bank account (wire transfer),
- electronic payment through PayPal ltd (PayPal),
- electronic payment through PayPro S.A. (dotpay),
- payment on delivery (cash on delivery).
(2) Shipping prices are specified in the order summary.
(3) The condition for the release of goods is payment for the goods and shipment.
(4) The customer is obliged to pay the amounts due under the concluded contract
regardless of the selected method of payment and delivery.
(5) In the event of non-payment by the customer within 7 days from the date of conclusion of the contract (and in the
case of cash on delivery payment) the Store will call the Customer to collect and pay for the goods
goods, setting a deadline for fulfillment of the obligation. In the event of non-payment
the amount due under the contract within the specified period, the Store may withdraw from the
the sales contract.
(6) The term of the contract is calculated from the moment in which the funds for the order
are credited to the Store's bank account or from the moment of positive authorization of
payment (does not apply to download).
(7) The lead time for orders paid on delivery is calculated from the working day
following confirmation of the order by the Store referred to in §3 paragraph 4.
§5
Shipping of goods
(1) The ordered goods Store sends via courier companies.
(2) Pursuant to Article 545 par 2 of the Civil Code, if the goods are sent to the place of
destination through a carrier, the Customer is obliged to examine the shipment in the
time and in the manner accepted for shipments of this type; if he finds that during the
carriage, there was a loss or damage to the Goods, he is obliged to do all
actions necessary to determine the carrier's liability.
§6
Claims under warranty
(1) In the case of non-conformity of the goods with the contract, the Consumer should report the defect along with a
description of non-conformity to the address given in paragraph 1.
(2) The Shop shall respond to the Consumer's complaint within 14 days from the moment of
receipt of the complaint.
(3) The model of the complaint form is attached as Appendix 2 to the Regulations.
(4) The Shop shall be liable to the Consumer under the law of warranty, regulated by the
Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93 as amended) for a period of 24 months.
months.
(5) At the time of the occurrence of a defect, the Consumer may demand from the Shop (under the right of
warranty):
- exchange the goods for a new one;
- repair of the goods;
- reduction of the price;
- withdraw from the contract - if the defect is significant.
The Shop will respond to the Consumer's demands within 14 days of receiving the request.
The store will consider the request, taking into account the following circumstances:
- the ease and speed of replacing or repairing the goods;
- the nature of the defect - material or immaterial;
- whether the goods have been previously advertised.
(6) The Store may refuse requests to replace or repair the goods provided,
that the replacement or repair of the goods is not feasible, or compared to the
the second of the possible demands, would require excessive costs. The store will offer in such a case
alternative solution in such case.
(7) Any Consumer may use out-of-court means of handling complaints and
investigation of claims. Wanting to take advantage of the possibility of amicable resolution of disputes
regarding online shopping, he can submit his complaint e.g;
- through the EU online ODR platform, available at:
http://ec.europa.eu/consumers/odr/ ,
- through the regional Regional Inspector of Commercial Inspection,
the list is available at https://www.uokik.gov.pl/wazne_adresy.php#faq595
- due to the location of the Store, the case can be addressed directly to the
Mazovian Regional Inspector of Trade Inspection in Warsaw at.
Henryka Sienkiewicza 3, 00-015 Warsaw
http://www.wiih.org.pl/index.php?id=131
The course of proceedings for out-of-court settlement of consumer disputes
is defined by the currently applicable laws (in particular, in the Act of
September 23, 2016 on out-of-court resolution of consumer disputes).
(8) Any complaints regarding the use of services provided by the Store should be
be sent to the addresses given in §1 of these Regulations.
§7
Complaints under warranty
(1) The provisions of this paragraph apply only to non-consumer customers.
(2) Pursuant to Article 558 of the Civil Code, the Shop's liability under warranty is
excluded.
(3) Complaints should be addressed to the email address specified in paragraph 1, providing the following
data: name, surname, name, address, date of conclusion of the contract, subject of the contract, date of discovery of the
defect, type of defect, claim, confirmation of the existence of a defect at the time of release of the Goods, contact information
contact (email), and any photos and other information that may affect the
the complaint process.
(4) The store will respond to the submitted complaint within 14 calendar days.
§8
Right of withdrawal from the contract
(1) Under the Consumer Rights Act of May 30, 2014,
Consumer/Entrepreneur has the right to withdraw from the contract without giving any reason.
(2) Withdrawal from the contract is effective if the Consumer/Entrepreneur submits within 14
days from the date of delivery of the goods, a statement of withdrawal from the contract. To meet the deadline
is sufficient to submit the statement before its expiration. The form of submission of the statement may be
any, e.g.
- the statement can be made on a form, the model of which is attached to the Law
on consumer rights of May 30, 2014. (constituting Appendix 1 to the regulations
regulations),
- by email to the address specified in paragraph 1 of these regulations,
- by mail to the address specified in paragraph 1 of these Regulations.
(3) The Consumer / Entrepreneur shall return the goods to the Store within 14 days from the submission of the
declaration of withdrawal from the contract at his own expense.
(4) The Store shall return the funds within 14 days of receipt of the statement. The Shop may
withhold the return of the payment until it receives the Goods back or provides
by the Consumer/Entrepreneur proof of its return, whichever event
occurs earlier.
(5) The Shop shall return the funds using the same method of payment used by the
Consumer/Entrepreneur. In the case of payment by payment card, the return of funds
shall be made to the card account.
(6) In the event that the Consumer/Entrepreneur has chosen a delivery method other than the cheapest one offered by the Store
Store, the method of delivery of the item, the Store will not reimburse the Consumer/Entrepreneur
the additional costs incurred by him/her. The Shop will only refund the cost of the cheapest
delivery of the item to the Consumer/Entrepreneur.
(7) The Consumer/Entrepreneur shall pay all direct costs of returning the Item (e.g.
costs of packaging, protection, shipping).
(8) The right of withdrawal does not apply to the Consumer / Entrepreneur in cases of contracts:
- in which the subject of performance is a non-refabricated Goods, produced
according to the specifications of the Consumer/Entrepreneur or used to meet his/her
individualized needs;
- in which the subject of performance is Goods delivered in sealed
packaging which, once opened, cannot be returned for health or hygiene reasons.
health or for hygienic reasons, if the package has been opened after
delivery;
- in which the subject matter of the performance is Goods subject to rapid deterioration or having a
short shelf life;
- on the provision of services, if the Shop has fully performed the service with the express consent of the
Consumer/Entrepreneur who was informed before the start of the service
performance, that after the fulfillment of the service by the Store will lose the right to withdraw from the contract
contract;
- Provision of digital content that is not recorded on a tangible medium, if the
the performance has begun with the express consent of the Consumer / Entrepreneur
before the expiration of the deadline for withdrawal from the contract and after the Shop has informed him/her
about the loss of the right to withdraw from the contract;
- in which the subject of the provision are Goods, which after delivery, due to the
their nature, are inseparably combined with other Goods.
(9) Pursuant to Article 31 of the Law on Consumer Rights of May 30, 2014, in the event of
withdrawal from a contract concluded at a distance or a contract concluded off-premises
enterprise, the contract shall be deemed not concluded.
10. the Consumer/Entrepreneur shall be liable for any diminution in the value of the Goods,
resulting from its use beyond what is necessary to ascertain the
nature, characteristics and functioning.
11. the Store offers goods that, due to their nature, cannot be in the usual way
returned by mail. The cost of returning such goods depends on how the
Consumer/Entrepreneur of the return (including the selected transport company) and may amount to
even PLN 1,000 per item.
§9
Services provided electronically
(1) The Store provides the following services electronically:
- contact through the form;
- publishing opinions about goods.
(2) The services specified in item 1 shall be provided 7 days a week, 24 hours a day.
3 Service:
- contact through a form - consists in sending messages by the Customer through
through interactive forms contained on the websites of the
Store. The contract is concluded when the Customer uses the
contact form;
- publication of opinions about goods - consists in publishing next to certain goods
individual statements of Customers.
4.Resignation from services provided electronically is possible at any time without
incurring any additional costs. Resignation takes place depending on
service provided:
- contact service through the form - by ending the use of forms
interactive forms available on the Store's websites;
- publication of opinions about goods - consists in discontinuation of publication of statements.
(5) The Store in case of detection of actions to the detriment of the Store, violation of laws, violation of the
provisions of the Regulations may at any time limit, block, or remove
Customer access to the services specified in paragraph 1. The Store shall inform the Customer of the blocking
or restriction of access to services via e-mail sent to the address
provided in the form.
(6) Services are provided indefinitely, but the Store may restrict access to them,
block or modify them by informing the Customer in the manner specified in paragraph 12.
Clause 4.
(7) Both the Customer and the Store may terminate the contract for the provision of services specified in paragraph
1 at any time by sending an e-mail with a statement of intent.
8.
§10
Privacy protection
(1) The Store shall process Customers' personal data in accordance with applicable laws in the
the manner specified in the Privacy Policy (Appendix 3).
§11
Technical measures
(1) In order to use the Online Store, including browsing the assortment and placing orders
orders, it is necessary to have:
(a) a terminal device (e.g. computer, tablet, smartphone) with access to the Internet and an
Internet browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera,
Safari;
(b) active electronic mail (e-mail) account;
(c) JavaScript enabled;
d) acceptance of the use of cookies (required to place an order).
§12
Entry into force and amendments to the Regulations
(1) The Regulations shall come into force on the date of publication on the Store's website.
(2) These Regulations may be amended.
(3) Amendments to the Regulations will be published on the Store's website.
4th Information about changes to the Regulations will be sent to the Customer at the e-mail address indicated
in the account settings.
(5) Amendments to the Terms and Conditions shall come into force after 14 days from the date of their publication in the manner
specified in paragraph 3.
(6) The Store shall consider that the Customer having an account on the Store's website has accepted the
changes to the Regulations if he/she has not terminated the contract by the end of the period indicated in paragraph.5.
(7) In matters not covered by the provisions of these Regulations shall be applicable
Polish law.
Attachment No. 1
WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)
POWER Rubber Robert Piotrowski
Moszna-Parcela 55A, 55A
05-840 Brwinów
E-mail: sklep@eguma.pl
I ____ hereby inform of my withdrawal from the contract for the supply of the following goods:______________
Date of agreement/delivery:_________________________________________________
Name and Surnamy/Name:______________________________________________________
Adress:_____________________________________________________________________
Signature*:_____________________________________________________________
*only if the form is sent in paper form
Date: __________________________________________________
Attachment No. 2
COMPLAINT FORM
POWER Rubber Robert Piotrowski
Moszna-Parcela 55A, 55A
05-840 Brwinów
E-mail: sklep@eguma.pl
I _______ hereby inform you of the discovery of defects in the following goods:_____________
Date of detection of defects:_______________________________________
Detailed description of the detected defects:______________________________________________
Data zawarcia umowy/dostawy:________________________________________________
Customer's Name:______________________________________________________
Adrecs of Customer:_______________________________________________________________
Customer's demands: replacement of goods with new goods/repair of goods/reduction of goods
reduction of the price/ withdrawal from the
Contract - (if the defect is material)*.
* delete as appropriate
Value of price reduction according to the Customer's request_____________________________________
Informacje dodatkowe:_________________________________________________
Podpis Klienta**:_____________________________________________________________
**only if the form is sent in paper form
Date: __________________________________________________
Any customer who is a consumer may use out-of-court means of handling complaints and claims. Wanting
take advantage of the possibility of amicable resolution of disputes concerning online shopping, the consumer can file his complaint
e.g. via the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/
Appendix 3
Privacy policy
§1
GENERAL PROVISIONS
(1) The privacy policy contains rules regarding the processing of personal data by the
Store, including the basis, purposes and scope of personal data processing and the rights of data subjects,
data subjects, as well as information on the use of cookies and analytical tools.
analytical tools.
(2) The controller of personal data collected via the Online Store
is POWER Rubber Robert Piotrowski
with registered office in Moszna-Parcela 55A, 55A , 05-840 Brwinów
NIP: 5342331435,
REGON: 365271408,
Phone: 505160303
E-mail: sklep@eguma.pl
hereinafter referred to as the “Administrator”
3. personal data in the Online Store are processed by the Administrator in accordance with
applicable laws, in particular in accordance with Regulation of the European Parliament
European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of individuals
natural persons in connection with the processing of personal data and on the free
flow of such data and repealing Directive 95/46/EC (General Data Protection Regulation
Data Protection) - hereinafter referred to as “RODO”.
(4) The use of the Online Store, including making purchases, is voluntary.
Similarly, the related provision of personal data by the using the Online Store
Online Store of the Customer is voluntary, except for:
- conclude agreements not in the cases and to the extent indicated on the site
Online Store and in the Regulations of the Online Store and this
privacy policy personal data necessary to conclude and perform
Sales Agreement or contract for the provision of Electronic Services with the
Administrator results in the impossibility to conclude such an agreement. Providing
personal data in such a case is a contractual requirement and if the person,
whom the data concern wants to conclude a given agreement with the Administrator, he/she is
obliged to provide the required data. Each time the scope of data
required to conclude a contract is indicated in advance on the website of the Store
Internet Shop
- Statutory obligations - providing personal data is a statutory requirement
statutory requirement resulting from universally binding legal regulations
imposing an obligation on the Administrator to process personal data (e.g.
processing of data for tax or accounting purposes) and
failure to provide them will make it impossible for the Administrator to perform such obligations.
(5) The Administrator shall exercise special care to protect the interests of the persons whose
personal data processed by him, and in particular is responsible and
ensures that the data it collects are:
- processed in accordance with the law;
- collected for specified lawful purposes and not subjected to further
processed incompatible with those purposes;
- Substantially correct and adequate in relation to the purposes for which they are processed;
- kept in a form that makes it possible to identify the persons to whom they relate, for no
longer than necessary to achieve the purpose of processing;
- processed in a manner that ensures adequate security of personal data
personal data, including protection against unauthorized or unlawful
processing and accidental loss, destruction or damage, by means of
appropriate technical or organizational measures.
(6) Taking into account the nature, scope, context and purposes of the processing and the risk of violation of
rights or freedoms of natural persons with different probability and severity of the threat,
Administrator shall implement appropriate technical and organizational measures so that the processing
is carried out in accordance with the Regulation and to be able to demonstrate this. The Administrator shall apply measures
technical measures to prevent unauthorized persons from obtaining and modifying, personal data
personal data sent electronically.
§2
GROUNDS FOR DATA PROCESSING
(1) The Administrator shall be entitled to process personal data in cases where - and to the extent to which - at least one of the following conditions is met.
and to the extent that - at least one of the following conditions is met:
- the data subject has consented to the processing of his/her personal data
for one or more specified purposes;
- processing is necessary for the performance of a contract to which the data subject is a party
data subject, or to take action at the request of the data subject before
entering into a contract;
- processing is necessary for the fulfillment of a legal obligation incumbent on the
Administrator;
- processing is necessary for purposes arising from the legitimate
interests pursued by the Administrator or by a third party, except for
situations where these interests are overridden by the interests or
fundamental rights and freedoms of the data subject which require protection of the
personal data, in particular when the data subject is a child.
(2) The processing of personal data by the Controller requires in each case the existence of
at least one of the grounds indicated above. The specific grounds for processing
of Customers' personal data are indicated below
§3
PURPOSE, BASIS, PERIOD AND SCOPE OF DATA PROCESSING
(1) Each time the purpose, basis, period and scope and recipients of personal data
processed by the Administrator results from the activities undertaken by a given
Customer in the Online Store. For example, if a Customer decides to make a
shopping in the Online Store and chooses to pick up the purchased Goods in person instead of
courier delivery, his/her personal data will be processed for the purpose of executing the concluded
Sales Agreement, but will no longer be made available to the carrier making the shipments
on behalf of the Administrator.
(2) The Administrator may process personal data in the Online Store for the following purposes
purposes, on the following grounds, for the following periods and to the following extent:
Purpose of data processing
Legal basis for processing / period of data storage Scope of processed data
Performance of the Sales Agreement or the contract for the provision of Electronic Services
Article 6(1)(b) of the Regulation
RODO (performance of the contract)
Data shall be stored for the period
necessary for the execution, termination or
expiration of the otherwise concluded
contract.
Scope: first and last name; address
email address; contact telephone number
contact telephone number; address
delivery (street, house no,
premises number, postal code,
city, country), address
residence/conduct of business
business/site (if different
different from the delivery address), IP address, ID
customer.
Bookkeeping
Article 6(1)(c) of the Regulation
RODO in conjunction with Article 74(2) of the Law on
i.e. dated January 30, 2018
r. (Journal of Laws of 2018, item 395)
The data are kept for the period required by law requiring the Administrator to keep tax books (until the expiration of the statute of limitations for tax liability, unless otherwise provided by tax laws) or accounting books (5 years, counting from the beginning of the
of the year following the fiscal year,
to which the data relates).
Name; address
residence/conduct of
business/site (if different
different from the delivery address), name
company and tax identification number
Tax identification number (NIP) of the customer
Determination,
asserting or defending claims that the Administrator may raise or that may be raised against the Administrator
Article 6(1)(f) of the Regulation
RODO
Data is stored for the period of
the existence of a legitimate interest
pursued by the Administrator, not
longer, however, than for the period of
statute of limitations for claims against
the data subject on account of
business activities conducted by the Administrator
business activity. The period
statute of limitations is determined by the provisions of law,
in particular the Civil Code
(the basic statute of limitations for
claims related to the conduct of
business activity is three years,
and for a sales contract two years).
Name and surname; telephone number
contact number; e-mail address
electronic mail; delivery address
(street, house number, premises number,
postal code, city, country),
address of residence/business
business/site (if different
different from the delivery address).
Handling of requests
Article 6(1)(f) of the Regulation
RODO
The data is stored for the period
the existence of a legitimate interest
pursued by the Administrator, not
longer, however, than for the period of
statute of limitations for claims against
the data subject on account of
business activities conducted by the Administrator
business activity. The period
statute of limitations is determined by the provisions of law,
in particular the Civil Code
(the basic statute of limitations for
claims related to the conduct of
business activity is three years,
and for a sales contract two years).
Name, surname, email address, IP address
Publication of product reviews on websites
Article 6(1)(a) of the Regulation
RODO (consent)
Data is stored until
withdrawal of consent by the data subject
To which the data relate.
First and last name; telephone number
contact number; email address
electronic mail; delivery address
(street, house number, premises number,
postal code, city, country),
address of residence/business
business/site (if different
different from the delivery address).
§4
DATA RECIPIENTS
1. for the proper functioning of the Online Store, including the execution of concluded
Sales Agreements it is necessary for the Administrator to use the services of external entities
external entities. The Administrator uses only the services of such processors,
who provide sufficient guarantees for the implementation of appropriate technical and
organizational measures so that the processing meets the requirements of the RODO Regulation and protects the
rights of data subjects.
(2) The transfer of data by the Administrator does not take place in every case and not to
all recipients or categories of recipients indicated in the Privacy Policy -.
The Administrator shall transfer data only when it is necessary for the purpose in question
processing of personal data and only to the extent necessary for its realization.
For example, if the Customer uses personal pickup, his/her data will not be transferred to
to a carrier cooperating with the Administrator.
(3) Personal data of the Customers of the Online Store may be transferred to the following
recipients or categories of recipients:
- carriers / courier brokers - in the case of a Customer who uses in the Online Store
Internet Store from the method of delivery of Goods by post or courier service,
The Administrator shall make the collected personal data of the Customer available to the selected carrier
or intermediary performing shipments on behalf of the Administrator to the extent
necessary to complete the delivery of the Goods to the Customer.
•- entities handling electronic or credit card payments - in the case of
Customer who uses in the Internet Shop the method of electronic payment
or by payment card, the Administrator makes available the collected personal data of the Client to a selected
entity handling the aforementioned payments in the Internet Shop on behalf of the
Administrator to the extent necessary to handle the payment made by the Customer.
- service providers supplying the Administrator with technical, IT
and organizational solutions enabling the Administrator to conduct its business
business, including the Online Store and the Electronic Services provided through it.
Electronic Services (in particular, providers of computer software
for running the Online Store, e-mail and hosting providers, and
provider of business management and technical support software
Administrator) - the Administrator makes available the collected personal data of the Client
to a selected provider acting on its behalf only in the case and to the
extent necessary to realize the given purpose of data processing in accordance with the
this privacy policy.
- providers of accounting, legal services providing support to the Administrator
accounting, legal (in particular, an accounting office, law firm or debt collection company
debt collection company) - the Administrator provides the collected personal data of the Client to the selected
supplier acting on its order only in the case and to the extent
necessary to fulfill the given purpose of data processing in accordance with this
privacy policy.
§5
PROFILING
(1) The Administrator may use profiling on the Online Store for marketing purposes,
but the decisions made by the Administrator on its basis do not relate to the conclusion or
refusal to conclude a Sales Agreement, or the possibility of using services in the Online Store.
Online Store. The effect of using profiling in the Online Store may be, for example.
granting a given person a discount, sending him/her a discount code, reminding about
unfinished shopping, sending a suggestion of goods that may match the
person's interests or preferences, or offering better terms and conditions
compared to the standard offer of the Online Store. Despite the profiling, it is the person
freely decides whether he or she will want to take advantage of the resulting received
discount or better terms and conditions and make a purchase from the Online Store.
2. profiling in the Online Store consists of automatic analysis or forecasting of
behavior of a given person on the website of the Online Store, e.g. by adding a specific
Goods to the shopping cart, browsing the page of a specific Goods in the Online Store, or
by analyzing the previous history of purchases made at the Online Store.
The condition for such profiling is that the Administrator has the personal data of the
of the person in question in order to be able to subsequently send him/her, for example, a discount code.
(3) The data subject has the right not to be subject to a decision that is based
solely on the basis of automated processing, including profiling, and produces to that
person legal effects or in a similar manner materially affects that person.
§6
RIGHTS OF THE DATA SUBJECT
(1) Right of access, rectification, restriction, erasure or portability - the data subject
concerned has the right to request from the Administrator access to his/her personal data, their
rectification, erasure (“right to be forgotten”) or restriction of processing, and
has the right to object to processing, and has the right to portability of
of their data. The detailed conditions for exercising the rights indicated above are indicated in
Articles 15-21 of the RODO Regulation.
2. right to withdraw consent at any time - a person whose data is processed
by the Administrator on the basis of expressed consent has the right to withdraw consent at
any time without affecting the legality of the processing that was performed on the basis of the
on the basis of consent before its withdrawal.
(3) The right to lodge a complaint with a supervisory authority - the person whose data is processed by the
Administrator, has the right to lodge a complaint to the supervisory authority in the manner and procedure
specified in the provisions of the RODO Regulation and Polish law, in particular the
Personal Data Protection Act. The supervisory authority in Poland is the President of the Office
Protection of Personal Data.
4 Right to object - the data subject has the right at any time to raise an
objection - for reasons related to his or her particular situation - to the processing of
of personal data concerning him/her based on Article 6 (1) (e) (interest or tasks of the
public) or (f) (legitimate interest of the controller), including profiling under
based on these provisions. The controller in such a case is no longer allowed to process
such personal data, unless it demonstrates the existence of valid legitimate
grounds for processing, overriding the interests, rights and freedoms of the data subject
to which the data subject relates, or grounds for establishing, asserting or defending claims.
(5) In order to exercise the rights referred to in this paragraph, you can contact the
with the Administrator by sending an appropriate message in writing or by e-mail
e-mail to the Administrator's address indicated in paragraph 1.
§7
COOKIES IN THE ONLINE STORE, EXPLOITATION DATA AND
ANALYTICS
1. cookies(cookies)are small text information in the form of text files,
sent by the server and saved on the side of the person visiting the site of the Internet Store
Internet Shop website (e.g. on the hard drive of a computer, laptop, or on the memory card of a smartphone
- depending on the device used by the visitor to our Online Store).
Detailed information about cookies, as well as the history of their creation can be found
among others here: http://pl.wikipedia.org/wiki/Ciasteczko.
(2) The Administrator may process the data contained in the Cookies files during the use by
visitors from the website of the Online Store for the following purposes:
- identifying Customers as logged in to the Online Store and showing that they
are logged in;
- remembering Goods added to the shopping cart for the purpose of placing an Order;
- remembering data from completed Order Forms, surveys or data
logging into the Online Store;
- adaptation of the content of the Internet Store's website to individual
Client's preferences (e.g. concerning colors, font size, page layout) and
optimize the use of the pages of the Internet Shop;
- keep anonymous statistics showing the manner of use of the pages of the
Online Store;
- remarketing, i.e. studying the behavioral characteristics of visitors to the Online Store
through anonymous analysis of their actions (e.g. repeated visits to specific pages
pages, keywords, etc.) in order to create their profile and provide them with advertisements
tailored to their anticipated interests, including when they visit
other websites on the advertising network of Google Inc. and Facebook
Ireland Ltd;
3. by default, most web browsers available on the market by default
accept the storage of cookies. Everyone has the possibility to determine the conditions
use of Cookies through the settings of your own web browser. This means
This means that you can, for example, partially restrict (e.g. temporarily) or completely disable the ability to
storing Cookies - in the latter case, however, this may affect
some of the functionality of the Online Store (for example, it may not be possible to
pass the path of the Order through the Order Form due to not remembering the
Goods in the shopping cart during the subsequent steps of placing an Order).
4. the settings of your Internet browser regarding cookies are important from the point of view of
terms of your consent to the use of Cookies by our Online Store - in accordance with the
regulations, such consent can also be given through the settings of your web browser
Internet browser settings. In the absence of such consent, the settings of the
of your Internet browser with regard to Cookies.
5. detailed information on how to change the settings for Cookies and their
independent removal in the most popular web browsers are available in the help section of your web browser.
help section of your web browser.
6 The Administrator may use Google Analytics, Universal Analytics on the Online Store
Analytics provided by Google Inc. (1600 Amphitheatre Parkway, Mountain
View, CA 94043, USA), the Facebook Pixel service provided by Facebook Ireland
Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland). These services help
Administrator to analyze traffic on the Online Store. The data collected is processed
are anonymized within the framework of the above services (these are so-called exploitation data,
which prevent the identification of a person) to generate statistics that help in the
administration of the Online Store. These data are aggregate and anonymous, i.e. they do not
contain identifying characteristics (personal data) of visitors to the website of the Online Store
Online Store. The administrator using the above services in the Online Store
collects such data as the sources and medium of obtaining visitors to the Online Store and
the manner of their behavior on the website of the Online Store, information on devices and
browsers from which they visit the site, IP and domain, geographic data and data on
demographics (age, gender) and interests.
7 It is possible for a person to easily block the sharing of Google
Analytics information about their activity on the website of the Online Store - for this purpose you can
install a browser add-on provided by Google Inc. available here:
https://tools.google.com/dlpage/gaoptout?hl=p