REGULATIONS
The conclusion of a contract between the Buyer and the Seller may be made in two ways.
Before placing an order, the Buyer has the right to negotiate any provisions of the contract with the Seller, including any amendments to the following terms and conditions. These negotiations should be conducted in writing and addressed to the Seller (P.P.H.U. YORIK s.c.
ul. Berka Joselewicza 9/13, 42-200 Częstochowa, NIP 9491802907).
If the Buyer renounces the possibility to conclude a contract by individual negotiations, the following regulations and relevant provisions of law shall apply.
REGULATIONS
§1 Definitions
1) Postal address - name and surname or name of the institution, location in the town (in the case of a town divided into streets: street, building number, flat or premises number; in the case of a town not divided into streets: name of the town and property number), postal code and town.
2 Claims address:
Warehouse and logistics
45A Nadrzeczna street
05-550 Wólka Kosowska
tel. +48 506 306 420
e-mail: sklep@anfen.eu
3) Delivery price list - a list of available types of delivery and their costs located on the website of the shop P.P.H.U. YORIK s.c. in the tab Delivery.
4. Seller's data:
4.1 Registered office of the Wholesaler of women's underwear and men's underwear
P.P.H.U. YORIK s.c.
ul. Berka Joselewicza 9/13
42-200 Częstochowa
4.2 Correspondence Address - Customer Service, Logistics and Point of Personal Collection
P.P.H.U. YORIK s.c.
ul. Nadrzeczna 45A
05-550 Wólka Kosowska
tel. +48 506 306 420
e-mail: sklep@anfen.eu
phone: +48 506 306 420 or +48 515 128 900
5) Delivery - type of transport service together with the definition of the carrier and the cost listed in the price list of deliveries found on the website of the shop P.P.H.U. YORIK s.c. under the tab Delivery
6th Proof of purchase - an invoice, bill or receipt issued in accordance with the Value Added Tax Act of 11 March 2004 as amended and other relevant legislation.
7. product card - a single sub-page of the shop containing information about a single product.
8) Customer - a natural person of full legal capacity, a legal person or an organisational unit without legal personality but with legal capacity, making a purchase with the Seller directly related to its business or professional activity. 9) Civil Code - the Act on the Civil Code of 11 March 2004.
9. Civil Code - the Civil Code Act of 23 April 1964 as amended.
10. Code of Good Practice - a set of rules of conduct, in particular ethical and professional standards referred to in Article 2 para. 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007 as amended.
11. consumer - an adult natural person with full legal capacity, making a purchase from the Seller not directly related to their business or professional activity.
12) Basket - a list of products drawn up from the products offered in the shop based on the Buyer's choices.
13th Buyer - both Consumer and Customer.
14th Place of delivery - the postal address or collection point indicated in the order by the Buyer.
15th Moment of delivery - the moment at which the Buyer or a third party indicated by the Buyer for collection takes possession of the item. 16.
16th Payment - the method of payment for the subject of the contract and delivery listed on the website of the shop P.P.H.U. YORIK s.c. in the tab Payments.
17. consumer law - the law on consumer rights of 30 May 2014.
18. product - the minimum and indivisible quantity of things that can be the subject of an order, which is given in the Seller's shop as a unit of measurement when determining its price (price/unit).
19. subject of the contract - the products and delivery which are the subject of the contract. 20. subject of the contract - the subject of the contract.
20. subject of performance - the subject of the contract.
21. collection point - the place of delivery of the item that is not a postal address, listed in the list provided by the Seller in the shop.
(22) Thing - a movable item that can be or is the subject of a contract. 23.
23) Shop - the website available at yorik.pl through which the Buyer can place an order.
24. seller:
P.P.H.U. YORIK s.c.
ul. Berka Joselewicza 9/13
42-200 Częstochowa
NIP: 9491802907, REGON: 151999297
25) System - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunication networks by means of an appropriate terminal equipment for a given type of network, commonly referred to as the Internet.
26) Delivery time - the number of hours or working days specified on the product card.
27. contract - a contract concluded off-premises or at a distance within the meaning of the Consumer Rights Act of 30 May 2014 for Consumers and a contract of sale within the meaning of Article 535 of the Civil Code Act of 23 April 1964 for Buyers.
28) Defect - both a physical defect and a legal defect.
29. physical defect - non-compliance of the thing sold with the contract, in particular if the thing:
a. it does not have the characteristics that a thing of this kind should have in view of the purpose specified in the contract or resulting from the circumstances or intended use;
b. it does not have the qualities which the Seller assured the Consumer of,
c. it is not fit for the purpose the Consumer communicated to the Seller at the conclusion of the contract and the Seller has not raised any reservations as to such purpose;
d. it has been given to the Consumer in an incomplete or damaged condition;
f. it does not have properties, which were assured by the producer or his representative or a person who places the thing on the market within the scope of his business activity or a person who by placing his name, trademark or other distinctive sign on the sold thing presents himself as the producer, unless the Seller did not know these assurances and, judging reasonably, could not have known them or they could not have influenced the Consumer's decision to conclude the agreement, or if their content was corrected before the conclusion of the agreement.
(30) Legal defect - a situation where the thing sold is the property of a third party or is encumbered with a right of a third party, and also where the restriction on the use or disposal of the thing results from a decision or ruling of a competent authority.
31. order - a declaration of will of the Buyer made through the shop, specifying unambiguously: the type and quantity of products; type of delivery; type of payment; place of delivery of the goods, the Buyer's data and aiming directly at the conclusion of the contract between the Buyer and the Seller.
§2 General conditions
(1) The contract shall be concluded in the Polish language, in accordance with Polish law and these terms and conditions.
2nd The place of delivery of the goods must be within the territory of the Republic of Poland. 3.
Third The Seller is obliged and undertakes to provide services and goods free from defects.
4th All prices quoted by the Seller are expressed in Polish currency and are net prices (excluding VAT) or gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list (Delivery tab).
(5) Any time limits shall be calculated in accordance with Article 111 of the Civil Code, i.e. a time limit expressed in days ends on the expiry of the last day, and if the beginning of a time limit expressed in days is a certain event, the day on which this event occurred shall not be taken into account in calculating the time limit.
(6) Confirmation, access, recording, securing of all material provisions of the contract for future access shall take the form of:
a. confirmation of the order by sending to the indicated e-mail address: the order, a pro forma invoice, information on the right of withdrawal, these terms and conditions in pdf version, a model withdrawal form in pdf version, links to download the terms and conditions and the model withdrawal form on your own;
b. to enclose to the completed order, sent to the indicated place of delivery of the goods, the following printed documents: proof of purchase, information on the right of withdrawal, these terms and conditions, model withdrawal form.
7th The Seller informs about known warranties granted by third parties for the products in the shop.
8th The Seller shall not charge any fees for communication with him using means of distance communication, and the Buyer shall bear the costs thereof in the amount resulting from the agreement concluded with a third party providing him with a particular service enabling remote communication.
(9) The Seller ensures that the Buyer using the system ensures the correct operation of the shop in the following browsers: IE version 10 or later, FireFox version 5 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest ones installed, on screens with a horizontal resolution above 1024 px. The use of third-party software affecting the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the shop, so in order to obtain full functionality of the shop of P.P.H.U. YORIK s.c., you should disable all of them.
(10) The buyer may use the option of remembering his data by the shop to facilitate the process of placing another order. For this purpose, the Buyer should provide a login and password necessary to access their account. The login and password are a string of characters established by the Buyer, who is obliged to keep them secret and protect them from unauthorised access by third parties. The buyer can at any time view, correct, update and delete their account in the shop.
(11) The seller adheres to the Code of Good Practice.
§3 Conclusion of contract and performance
(1) Orders can be placed 24 hours a day.
(2) In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated several times:
a. adding the product to the basket;
b. choosing the type of delivery;
c. choice of payment type;
d. choice of place of delivery of the item;
e. placing an order in the shop by using the "Order with obligation to pay" button.
(3) The contract with the Consumer is concluded when the order is placed.
4th The execution of an order of the Consumer paid on delivery takes place immediately, and an order paid by bank transfer or through an electronic payment system after the Consumer's payment is credited to the Seller's account, which should take place within 30 days of placing the order, unless the Consumer was unable to fulfill the performance through no fault of their own and informed the Seller of this.
(5) The contract with the Customer is concluded upon acceptance of the order by the Seller, of which he informs the Customer within 48 hours of placing the order.
6th Execution of the Customer's order payable cash on delivery takes place immediately after the conclusion of the contract, and the order paid by bank transfer or through an electronic payment system after the conclusion of the contract and crediting the Customer's payment to the Seller's account.
7th The fulfilment of the Customer's order may be subject to payment of all or part of the order value or obtaining a trade credit limit of at least the order value or the Seller's consent to send an order cash on delivery (paid on delivery).
(8) The subject of the contract shall be dispatched within the time limit specified in the product card, and for orders consisting of multiple products within the longest time limit specified in the product cards. The time limit begins to run when the order is fulfilled.
(9) The purchased subject of the contract shall be dispatched, together with a sales document selected by the Purchaser, by the mode of delivery selected by the Purchaser to the place of delivery indicated by the Purchaser in the order, together with the enclosed attachments referred to in §2 item 6b.
§4 Right of withdrawal
(1) Pursuant to Article 27 of the Consumer Law, the Consumer has the right to withdraw from a contract concluded at a distance, without giving any reason and without incurring costs, except for the costs referred to in Article 33, Article 34 of the Consumer Law.
(2) The deadline for withdrawal from a contract concluded at a distance is 14 days from the moment of delivery of the item, and it is sufficient to send the statement before its expiry to meet the deadline.
(3) The declaration of withdrawal may be submitted by the Consumer on the form, the specimen of which is attached as Appendix No. 2 to the Consumer Law, on the form available in the online shop of Anfen Sp. z o.o. sp.k. under the Returns Form tab or in another form in accordance with the Consumer Law.
(4) The Seller shall immediately confirm to the Consumer by e-mail (given at the conclusion of the contract and another if it was given in the statement made) the receipt of the statement of withdrawal from the contract.
(5) In the event of withdrawal from the contract, the contract shall be considered not concluded.
(6) The consumer shall be obliged to return the item to the Seller immediately, but no later than 14 days from the date of withdrawal. To meet the deadline it is sufficient to return the item before its expiry.
(7) The consumer shall send back the items being the subject of the contract from which he has withdrawn at his own expense and risk.
The consumer shall not bear the costs of supplying digital content which is not recorded on a tangible medium if the consumer has not consented to the performance before the expiry of the withdrawal period or has not been informed of the loss of his right of withdrawal when giving such consent or the trader has not provided confirmation in accordance with Articles 15 (1) and 21 (1) of the Consumer Law.
(8) The consumer shall be liable for any diminution in the value of the thing which is the subject of the contract and which is the result of using it beyond what is necessary to ascertain the nature, characteristics and functioning of the thing.
9th The Seller shall immediately, no later than within 14 days from the date of receipt of notice of withdrawal from the contract filed by the Consumer return to the Consumer all payments made by him, including the costs of delivery of the thing, and if the Consumer has chosen a delivery method other than the cheapest ordinary delivery method offered by the Seller, the Seller shall not reimburse additional costs to the Consumer in accordance with Article 33 of the Consumer Law.
(10) The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of payment that does not involve any costs for the Consumer.
(11) The Seller may withhold reimbursement of the payment received from the Consumer until it has received the item back or the Consumer has provided evidence of its return, whichever event occurs first.
(12) The Consumer in accordance with Article 38 of the Consumer Law shall not have the right to withdraw from a contract:
a. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal;
b. in which the subject of the performance is a non-refabricated item produced to the consumer's specifications or serving to meet his individual needs;
c. where the object of the performance is an item that is perishable or has a short shelf life;
d. in which the subject of the performance is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery;
e. in which the object of the performance is things which, after delivery, by their nature become inseparably attached to other things;
f. where the subject matter of the performance is sound or visual recordings or computer programs supplied in sealed packaging if the packaging has been opened after delivery;
g. for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the express consent of the consumer before the expiry of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal;
h. for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract.
§5 Warranty
(1) Pursuant to Article 558§1 of the Civil Code, the Seller shall fully exclude any liability towards the Customer for physical and legal defects (warranty).
(2) The Seller shall be liable to the Consumer under the terms of Article 556 of the Civil Code et seq. for defects (warranty).
In the case of a contract with a Consumer, if a physical defect is found before the lapse of one year from the moment of delivery of the thing, it is assumed that the defect existed at the moment when the danger passed to the Consumer.
If the sold thing has a defect, the Consumer may:
a. make a declaration requesting a price reduction;
b. make a declaration on withdrawal from the contract;
unless the Seller immediately and without excessive inconvenience for the Consumer replaces the defective thing with a thing free from defects or removes the defect. However, if the thing has already been replaced or repaired by the Seller or the Seller has failed to comply with the obligation to replace the thing with a defect-free thing or remove the defect, the Consumer shall not have the right to replace the thing or remove the defect.
The Consumer may, instead of the removal of defects proposed by the Seller, demand the replacement of the item with a defect-free item or, instead of the replacement of the item, demand the removal of the defect, unless bringing the item to conformity with the agreement in a manner chosen by the Consumer is impossible or would require excessive costs in comparison with the manner proposed by the Seller, while assessing the excessive costs, the value of a defect-free item, type and significance of the defect found, as well as inconvenience to which the Consumer would be exposed by another manner of satisfaction shall be taken into account.
The Consumer may not withdraw from the contract if the defect is immaterial.
If the sold thing has a defect, the Consumer may also:
a. demand that the thing be replaced by a defect-free one;
b. demand that the defect be removed.
The Seller is obliged to replace the defective thing with a defect-free one or remove the defect within a reasonable time without undue inconvenience for the Consumer.
The Seller may refuse to satisfy the Consumer's request if bringing the defective thing to conformity with the contract in the manner chosen by the Consumer is impossible or in comparison with the other possible manner of bringing it to conformity with the contract would require excessive costs.
If the defective thing has been assembled, the Consumer may demand from the Seller to disassemble and reassemble it after the replacement with a defect-free one or removal of the defect, but he shall be obliged to bear a part of the costs connected therewith exceeding the price of the thing sold or he may demand from the Seller to pay a part of the costs of disassembly and reassembly, up to the amount of the price of the thing sold. If the Seller fails to perform the obligation, the Consumer is entitled to perform these activities at the Seller's expense and risk.
A Consumer exercising warranty rights is obliged to deliver the defective item at the Seller's expense to the complaint address, and if the delivery of the item by the Consumer would be excessively difficult due to the type of the item or the way it is installed, the Consumer is obliged to make the item available to the Seller at the place where the item is located. If the Seller fails to fulfil his obligation, the Consumer is entitled to send the thing back at the Seller's expense and risk.
The costs of replacement or repair shall be borne by the Seller, with the exception of the situation described in §5 item 10.
The Seller is obliged to accept the defective item from the Consumer in case of replacing the item with a defect-free one or withdrawing from the agreement.
The Seller shall respond within fourteen days to:
a. a statement requesting a price reduction;
b. a declaration of withdrawal from the contract;
c. request to replace the item with a defect-free item;
d. a request for defect removal.
Otherwise, he shall be deemed to have acknowledged the Consumer's statement or demand as justified.
The Seller shall be liable under the warranty if a physical defect is discovered before the expiry of two years from the moment the thing is handed over to the Consumer, and if the object of sale is a used thing before the expiry of one year from the moment the thing is handed over to the Consumer.
The Consumer's claim to rectify the defect or replace the sold item with a defect-free item shall become time-barred after one year, counting from the day the defect was found, however not earlier than before the lapse of two years from the moment the item was handed over to the Consumer, and if the object of sale is a used item before the lapse of one year from the moment the item was handed over to the Consumer.
In the event that the shelf life of the item specified by the Seller or the manufacturer expires after the lapse of two years from the moment of delivery of the item to the Consumer, the Seller shall be liable under warranty for any physical defects in the item identified before the lapse of this period.
Within the time limits specified in §5 points 15-17, the Consumer may submit a declaration on withdrawal from the contract or reduction of the price due to a physical defect of the thing sold, and if the Consumer has requested to replace the thing with a defect-free one or remove the defect, the time limit for submitting a declaration on withdrawal from the contract or reduction of the price shall begin upon ineffective expiry of the time limit for replacing the thing or removing the defect.
If one of the rights under the warranty is asserted before a court or an arbitration court, the time limit for the exercise of other rights to which the Consumer is entitled under this title shall be suspended until the proceedings are legally concluded. The same applies to mediation proceedings, whereby the time limit for the exercise of other warranty rights to which the Consumer is entitled begins to run from the date of the court's refusal to approve the settlement reached before mediation or the ineffective termination of mediation.
For the exercise of rights under the warranty for legal defects of the thing sold, §5 points 15-16 shall apply, except that the period shall begin to run from the date on which the Consumer learned of the existence of the defect, and if the Consumer learned of the existence of the defect only as a result of an action by a third party - from the date on which the ruling issued in the dispute with the third party became final.
If, due to a defect in the goods, the Consumer has made a declaration on withdrawal from the contract or reduction of the price, he may demand compensation for the damage he suffered by entering into the contract without knowing of the existence of the defect, even if the damage was the result of circumstances for which the Seller is not responsible, and in particular he may demand reimbursement of the costs of entering into the contract, the costs of collection, carriage, storage and insurance of the goods, reimbursement of the expenditures made to the extent that he did not benefit from them and did not receive their reimbursement from a third party and reimbursement of the costs of the process. This is without prejudice to the provisions on the duty to compensate for damage under the general rules.
The expiry of any period for ascertaining a defect shall not preclude the exercise of warranty rights if the seller has fraudulently concealed the defect.
The Seller, insofar as he is obliged to provide a performance or financial service to the Consumer, shall perform it without undue delay, no later than the period provided for by law.
§6 Privacy policy and security of personal data
(1) The administrator of the databases of personal data provided by Consumers of the shop is the Seller.
2nd The Seller undertakes to protect personal data in accordance with the Act on the Protection of Personal Data of 29 August 1997 and the Act on Electronic Services of 18 July 2002. The Buyer, by providing his/her personal data to the Seller when placing an order, agrees to have it processed by the Seller for the purpose of completing the order placed. The buyer has the right to access, correct, update and delete their personal data at any time. 3.
The detailed principles of collecting, processing and storing personal data used for the purpose of order completion by the shop are described in the Privacy Policy, which can be found in the online shop of Anfen Sp. z o.o. sp. k. in the Privacy Policy tab.
§7 Final provisions
(1) Nothing in these terms and conditions is intended to infringe the rights of the Buyer. Neither can it be interpreted in this way, because in the case of any part of these terms and conditions being inconsistent with the applicable law, the Seller declares his unconditional compliance and application of this law in place of the challenged provision of the terms and conditions.
(2) Registered Purchasers will be notified by e-mail (to the e-mail indicated when registering or ordering) of changes to the regulations and their scope. The notification will be sent at least 30 days before the new regulations come into effect. Amendments will be made to adapt the terms and conditions to the current legal situation.
(3) The current version of the regulations is always available to the Buyer in the bookmark Rules and Regulations of Anfen Sp. z o.o. sp. k. online shop). During the execution of the order and throughout the period of after-sales care, the Buyer is bound by the regulations accepted by the Buyer when placing the order. Except when the Consumer finds it less favourable than the current one and informs the Seller about the choice of the current one as binding. 4.
(4) In matters not covered by these terms and conditions, the relevant applicable legal regulations shall apply. Disputes, if the Consumer so wishes, shall be resolved through mediation proceedings before the Provincial Inspectorate of Trade Inspection or arbitration court at the Provincial Inspectorate of Trade Inspection or through equivalent and lawful methods of pre-court or out-of-court dispute resolution indicated by the Consumer. As a last resort, the case shall be decided by a court of local and material jurisdiction.