Terms and Conditions

I. General Provisions

1. This regulation governs the rules for the use of the Online Store operated at plastika.pl by Entrepreneurs.

2. The online store, operating at plastika.pl (hereinafter: Online Store) is run by Radosław Parys, operating under the company name PLASTIKA at ul. Kubusia Puchatka 11, 10-696 Olsztyn, registered in the Central Register and Information on Economic Activity of the Republic of Poland, NIP: 7391583416, REGON: 510996269, hereinafter referred to as the "Seller".

3. Contact details enabling the Buyer to contact the Seller: postal address: ul. Kubusia Puchatka 11, 10-696 Olsztyn; telephone number 89 541 86 11; email address: biuro@plastika.pl.

4. The Online Store Regulations are continuously available on the website plastika.pl in a manner that allows Buyers to obtain, reproduce and store its content. The Regulations may also be made available to Buyers at their request in another form.

II. Definitions

The terms used in these regulations mean:

1. Consumer - is a natural person within the meaning of Article 221 of the Civil Code.

2. Buyer - is a person who is an Entrepreneur.

3. Entrepreneur – is a natural person, legal person, or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business, professional, or statutory activity on its own behalf, and performing a legal act directly related to its business, professional, or statutory activity.

4. Entrepreneur with consumer rights (hereinafter PPK) – is a natural person concluding a contract directly related to their business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of their business activity, made available on the basis of provisions on the Central Register and Information on Economic Activity.

5. Seller – Radosław Parys, conducting business activity under the company name PLASTIKA at ul. Kubusia Puchatka 11, 10-696 Olsztyn, registered in the Central Register and Information on Economic Activity of the Republic of Poland, NIP: 7391583416, REGON: 510996269.

6. Online Store – an online store operated by the Seller at plastika.pl.

7. Civil Code – the Act of April 23, 1964 (Journal of Laws 2020.1740).

8. Goods – bags that are the subject of a sales contract between the Seller and the Buyer.

9. Regulations – these regulations for the provision of electronic services within the meaning of Article 8 of the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2020.344).

10. Order – the Buyer's declaration of will, in which the Buyer declares the purchase based on the information contained on the plastika.pl website, concerning in particular: price, type, quantity of Goods, as part of a sales contract via the online store.

11. Consumer Rights Act - the Act of May 30, 2014 on consumer rights (Journal of Laws 2020.287).

III. Rules for using the online store

1. All prices of Goods offered by the Store are gross prices (include VAT) and are expressed in Polish zlotys. Deviations from the Polish currency rule are clearly marked.

2. The prices shown on the plastika.pl website, as well as the descriptions of the Goods, constitute only commercial information and not an offer within the meaning of the Civil Code. They only acquire binding character – for the purpose of concluding a specific contract – at the moment the Seller confirms acceptance of the order for execution.

3. The Seller uses discount codes in the plastika.pl Online Store authorizing the purchase of goods with a discount specified on the coupon. Discount codes are not exchangeable for cash equivalent.

4. To place an order in the plastika.pl online store, acceptance of these Regulations is required.

5. To successfully place an order in the plastika.pl Online Store, it is necessary to have a device with Internet access enabling browsing of websites, as well as a keyboard or other device enabling proper completion of electronic forms. It is recommended to use the latest versions of web browsers: Firefox, Chrome, Internet Explorer, Microsoft Edge, Opera, Safari for OS X, etc.

6. The Online Store website uses Responsive Web Design (RWD) technology, which adapts the content of the page to the device on which it is displayed. The Store's website is prepared for display on both desktop computers and mobile devices.

7. The plastika.pl Online Store website has an SSL certificate – a secure communication encryption protocol.

IV. Terms of concluding a sales contract

1. Orders in the plastika.pl online store are placed by filling out the appropriate forms available on the store's pages.

2. When placing an order, the Buyer is obliged to provide their correct data, i.e., the full company name, name and surname of the authorized representative, tax identification number (NIP), postal address, e-mail address, and mobile phone number.

3. Upon receipt of the order, the Seller confirms its receipt. The Seller confirms the acceptance of the order for execution by sending an appropriate email message to the Buyer at the address provided in the order form. The contract is considered concluded when the Seller confirms acceptance of the order for execution.

4. The content of the sales contract is made available and recorded by making these Regulations available on the Online Store website and sending relevant information to the Buyer's email address provided when placing the order.

5. Placing Orders in the plastika.pl Online Store is possible 24 hours a day, every day of the year.

V. Payment method and payment deadline

1. In the Plastika.pl Online Store, it is possible to pay in one of the following ways:

2. bank transfer to the Seller's bank account,

3. cash on delivery,

4. via third-party payment service providers.

5. After placing an order, the Customer receives the bank account number by e-mail, to which the appropriate amount should be transferred. Upon crediting the payment to the bank account of the Plastika.pl Online Store, the order is forwarded for execution.

6. The Plastika.pl Online Store enables payment via the following external electronic payment services such as:

7. Przelewy24.

8. The Customer is obliged to make payment using one of the above-mentioned methods within 7 calendar days from the date of concluding the sales agreement.

9. In the case of choosing cash on delivery, the Customer is obliged to make the payment upon receipt of the shipment.

VI. Delivery

1. Ordered goods are delivered only to the territory of the Republic of Poland and only to the address indicated by the Buyer in the order form.

2. The shipping time for goods is indicated on the plastika.pl Online Store pages and is up to 48 hours from the moment the order is passed for processing. The Seller will make every effort to ensure that the goods are delivered within the time specified in the product card of the online store. In case of impossibility to deliver the goods within the aforementioned time, the Buyer will be immediately informed.

3. Delivery of ordered Goods takes place via:
InPost Courier, InPost Parcel Lockers

4. At the moment the goods are handed over to the Courier company, the Buyer is informed of this fact by sending an e-mail to the address provided in the order.

5. The Buyer may also collect the ordered goods in person at the plastika.pl company headquarters. In the case of personal collection, the Buyer does not incur the costs of delivering the goods.

6. The costs of delivery of the Goods are provided on the Store's website. The costs of delivery of the Goods are borne by the Buyer.

7. Upon acceptance of the goods, the Buyer is obliged to confirm its receipt. From this moment, the goods become the property of the Buyer.

VII. Withdrawal from the contract

1. The Buyer, who is an Entrepreneur with consumer rights (PPK), has the right to withdraw from the concluded sales contract within 14 days from the date of delivery of the goods, without stating any reason.

2. In the case of exercising the right referred to in the preceding point, the PPK Buyer should inform the Seller by submitting a statement of withdrawal on the form provided by the Seller, which can be sent by post to the Seller's address ul. Kubusia Puchatka 11, 10-696 Olsztyn; this can also be done electronically using the electronic withdrawal form sent to the Seller's email address biuro@plastika.pl. To meet the deadline, it is sufficient to send the statement before its expiry. A statement of withdrawal submitted after the deadline referred to in point VII.1 above does not produce legal effects.

3. The withdrawal form (Annex No. 1 to these Regulations) is provided to the PPK Buyer in paper form (in the documentation attached to the shipment) and in electronic form (as an attachment to the electronic correspondence confirming acceptance of the order for processing).

4. If the PPK Buyer submits a statement of withdrawal electronically via the electronic withdrawal form, the Seller will immediately send confirmation of receipt of the statement of withdrawal (on a durable medium within the meaning of Article 2 point 4 of the Act of 30.05.2014 – on consumer rights).

5. In the event of withdrawal from the contract, all payments made by the PPK Buyer, subject to points VII.6, VII.7 and VII.10 of these regulations, including the costs of delivery of the Goods, will be transferred to the PPK Buyer's bank account immediately, but no later than within 14 days from the date the Seller receives the statement of withdrawal from the contract.

6. If the Seller has not proposed to collect the Goods from the PPK Buyer himself, he may withhold the reimbursement of payments received from the PPK Buyer until the Goods are returned or the PPK Buyer provides proof of their return, whichever occurs first.

7. In the event of withdrawal from the contract, the Seller shall not reimburse the PPK Buyer for additional costs resulting from the PPK Buyer choosing a more expensive delivery method than the cheapest standard delivery method available in the Online Store - Article 33 of the Act of 30.05.2014 – on consumer rights.

8. The PPK Buyer bears only the direct costs of returning the goods. If the goods cannot be returned by ordinary mail, the Seller is obliged to collect the Goods from the PPK Buyer at its own expense.

9. The PPK Buyer is obliged to properly secure the returned goods to prevent damage during transport.

10. In the event of withdrawal from the contract, the PPK Buyer is obliged to return the goods immediately, but no later than 14 days from the date on which they withdrew from the contract. The Seller may stipulate that the goods to be returned will be collected by them or an authorized person.

11. If the returned goods are incomplete or show signs of use exceeding that necessary, the Seller reserves the right to refuse to accept the shipment or to reduce the refunded amount due to the diminished value of the goods.

12. The Seller declares that the refund of payment referred to in VII.5 of the Regulations will be made using the same method of payment as used by the PPK Buyer. The Seller, in agreement with the PPK Buyer, may establish a different method of refund, which will not involve additional costs for the PPK Buyer.

13. The Seller declares that the right of withdrawal does not apply to contracts covered by Article 38 of the Act of 30.05.2014 – on consumer rights.

14. By concluding the contract, the PPK Buyer confirms that they have read the content of these regulations, including confirming that they have been informed of the right to withdraw from the concluded sales contract within 14 days from the date of receiving the Goods.

VIII. Complaints

1. The basis and scope of the Seller's liability towards the Buyer for non-conformity of the Product with the Agreement are defined by universally applicable legal provisions and the following provisions of the Regulations.

2. The Seller is obliged to deliver a product free from defects.

3. In the event of a defect in the Goods purchased in the Seller's online store, the Buyer has the right to file a complaint based on the provisions regarding warranty contained in the civil code.

4. The complaint should be reported immediately after the defect in the Goods is discovered.

5. A complaint can be sent by post to the Seller's address - ul. Kubusia Puchatka 11, 10-696 Olsztyn or by e-mail to plastika.pl. In the complaint notification, the Buyer should indicate the defect which, in their opinion, the Goods have, and their contact details. The Buyer who is not a PPK should, if possible, document the reported defect and indicate the date of its discovery - the above requirements, in relation to a Buyer who is a PPK, are recommendations, their absence does not affect the effectiveness of the complaint.

6. Complaints regarding damage to the Goods in transit will be considered provided that a damage report is drawn up in the presence of the person delivering the Goods, on the form of the Goods' deliverer, or, if the deliverer does not have such a form, on the form which is Annex No. 2 to these regulations, or based on photographic documentation taken immediately after unpacking the shipment and discovering damage to its contents.

7. The Seller will respond to the complaint within 14 days of receiving the complaint notification, in the manner chosen by the Buyer for submitting the complaint (by post or e-mail). The date of dispatch of the letter or e-mail by the Seller will be considered the date of response to the complaint. Failure of the Seller to respond to the complaint of a PPK Buyer within the above period means that the Seller has accepted the PPK Buyer's complaint as justified.

8. Detailed information regarding the PPK Buyer's ability to use out-of-court methods for resolving complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; http://www.uokik.gov.pl/wazne_adresy.php.

9. The PPK Buyer has, in particular (but not exclusively), the following exemplary possibilities of using out-of-court methods for handling complaints and pursuing claims, i.e., they are entitled to apply to a permanent amicable consumer court, referred to in Article 37 of the Act of December 15, 2000, on Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668 as amended), for the settlement of a dispute arising from the concluded Sales Agreement. The rules of organization and operation of permanent amicable consumer courts are specified by the Regulation of the Minister of Justice of July 6, 2017, on determining the rules of organization and operation of permanent amicable courts at provincial inspectors of trade inspection. (Journal of Laws of 2017, item 1356).

IX. Rules for publishing reviews

1. Every Buyer can publish reviews about the Goods and the operation of the online store in the appropriate place on the Store's website. The review should be written in Polish, observing the rules of correct Polish language.

2. Opinions are subjective statements of Buyers. The Seller bears no responsibility for their content.

3. The Buyer declares that their statement does not violate applicable law or the rights of third parties. They bear full responsibility for statements placed by them in the plastika.pl Online Store.

4. The submitted opinion is verified by the Seller to check if it contains prohibited content and removes such opinion, in particular, if the opinion violates applicable regulations, contains prohibited, advertising, personal data, copyright infringement, etc.

X. Personal Data

1. The administrator of personal data is the Seller.

2. The rules for personal data protection are set out in the Privacy Policy of the plastika.pl online store, available on the plastika.pl website.

XI. Final Provisions

1. The Seller reserves the right to introduce changes to these Regulations for important reasons. All changes to the Regulations shall come into force on an appropriate date indicated by the Seller, but no sooner than 7 days.

2. The amended Regulations are binding on the Buyer if the requirements specified in Article 384 and 384[1] of the Civil Code have been met, i.e., the Buyer has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification.

3. In accordance with Article 8 section 3 point 2 letter b of the Act of 18.07.2002 on the provision of electronic services, the entity using the plastika.pl online store website is obliged not to post illegal content on this website.

4. In matters not regulated by these regulations, the relevant provisions of the Civil Code and the Act of 30.05.2014 – on consumer rights shall apply.

5. These Regulations are available at the internet address plastika.pl

6. Agreements with the Seller are concluded in Polish.

7. The Regulations come into force on August 1, 2021.

MODEL WITHDRAWAL FORM

[This form should be completed and returned only if you wish to withdraw from the contract]

______________________

Town, date

……………………………………………………

……………………………………………………

……………………………………………………

Company, Name and surname, address, e-mail address, phone number, VAT ID

Entrepreneur entitled to consumer rights (PPK)

[Seller's Name and Address]

I/We* hereby inform you of my/our* withdrawal from the contract of sale of the following goods*: ……………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………………….

Date of purchase / receipt*………………………………………..……………….

Bank account number for refund ** ……………………………………………………………

Account holder: ……………………………………………………………………………………………………………

_____________________

Signature of authorised representative
(only if the form is sent
in paper form)

* delete as appropriate

** if different from the bank account from which payment was made