REGULATIONS

§ 1

Preliminary provisions

The SOVEA online store, available at the Internet address www.sovea.eu, is run by M9 sp. Z o.o. with its registered office in Gdańsk entered into the National Court Register by the District Court – Gdańsk-Północ District Court in Gdańsk, VII Commercial Division of the National Court Register under KRS number 0000726200, with share capital of 20,000 PLN, NIP 5833296731, REGON 369879791. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules of using the Online Store and the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.

§ 2

Definitions

Consumer – a physical person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.

Seller – M9 sp. O.o. with headquarters in Gdańsk at ul. A. Pienkowska 41, postal code 80-180, entered into the National Court Register by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Department of the National Court Register under KRS number 0000726200, with share capital PLN 20,000, NIP 5833296731, REGON 369879791.

Client – any entity making purchases through the Store.

Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performs in its own name an economic activity that uses the Store.

Shop – online store run by the Seller at the internet address www.sovea.eu.

Contract concluded at a distance – an agreement concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without simultaneous physical presence of parties, with the exclusive use of one or more means of distance communication up to the conclusion of the contract, inclusive.

Regulations – these Regulations of the Store. Order – Customer’s declaration of intent submitted via the Order Form and aiming directly at concluding a Product Sales Agreement or Products with the Seller.

Account – customer account in the Store, it contains data provided by the customer and information about orders placed by him in the store.

Registration form – a form available in the Store, enabling the creation of an Account. Order form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and defining the terms of the Sales Agreement, including the method of delivery and payment.Shopping Cart – an element of the Store’s software in which the Products selected for purchase are displayed by the Customer, and it is also possible to set and modify the Order data, in particular the quantity of products. Product – a movable item available in the Store / a service being the subject of the Sales Agreement between the Customer and the Seller. Sales Agreement – Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sale Agreement also means – applying to the Product features – a contract for the provision of services and a contract for specific work.

 

 § 3

Contact with the store

Seller’s address: ul. A. Pienkowska 41, 80-180 Gdańsk. Seller’s e-mail address: biuro@sovea.eu Telephone number of the Seller: +48 609 880 094 Seller’s bank account number: 53 1140 2004 0000 3102 7760 7928 The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph. The customer can communicate by phone with the Seller between 8.00 – 16.00

 § 4

Technical requirements To use the Store, including viewing the Store’s assortment and placing orders for Products, you will need: 
1.       Terminal device with access to the Internet and Google Chrome browser version 70.0.3538.102 or above, Mozilla Firefox 63.0.1 or higher,
2.       Active e-mail account (e-mail),
3.       Enabled cookies files
4.       FlashPlayer installed.

 § 5

General information

The Seller, in the widest extent permitted by law, is not liable for any disruptions to the interruption in the functioning of the Store caused by force majeure, unlawful activities of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure. Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be completed without creating an Account. The prices in the store are given in Polish zlotys and are gross prices (including VAT). The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery and postal services), about which the Customer is informed on the Store’s pages when placing orders, including when expressing he prefers to be bound by the Sales Agreement. In the case of an Agreement that includes a subscription or provision of services for an indefinite period, the final (final) price is the total price including all payments for the settlement period. When the nature of the subject of the Agreement does not allow, judiciously judging, for the advance calculation of the final price, information on the manner in which the price will be calculated, as well as charges for transport, delivery, postal services and other costs will be provided in the Store in the description of the Product.

§ 6

Opening an account in the website

  1. In order to open an account in the shop, it’s required to fill in a registration form. It’s necessary to provide the following data: name, surname, address: street, house number flat number, postal code, city, email address, phone number.
  2. Opening an account in the shop is free.
  3. Logging onto the account is done by providing the username and password which were established in the registration form.
  4. The customer can, at any moment, without providing any reason and without undertaking any costs, delete his or her account by sending an appropriate request to the vendor, especially via email or to by physical letter to the address provided in 3.

§ 7
Rules for order making

In order to make an order, it is required to:

  1. Choose the product which is the subject of the order, and then click the ‘’add to cart’’ buton (or the equivalent);
  2. Fill in the order form by entering the order receiver’s data and the address to which the order is meant to be sent to, choose the delivery method, enter the invoice details (if they’re different than the receiver od the order);
  3. Click on the ‘’go to cash registry’’ (or equivalent) button;
  4. Choose one of the payment methods and in relation to the chosen method, pay for the ordered goods in the specified time, bearing in mind 8 point 3.

§ 8
Available delivery and payment methods

  1. The customer can use one of the following methods of delivery or collection of the ordered goods:
  2. Via courier,
  3. Cash on delivery courier delivery,
  4. The customer can use one of the following payment methods:
  5. Cash on delivery,
  6. By bank transfer to the vendors account,
  7. Electronic payments,
  8. Card payment,
  9. Detailed information about the delivery methods and accepted payment methods can be found on the website,

§ 9
Executing the sales contract

  1. The conclusion of the sales contract between the customer and the vendor follows after the customer places an order (by using the appropriate order form) on the website, as per 7 of the regulations.
  2. After placing the order, the vendor is obliged to confirm receiving is in the fastest possible manor, and at the same time accepts it to be executed. Confirmation of receiving the order and accepting it for further execution is sent via email from the vendor to the customer, to the mail address which was provided in the order form. This confirmation will consist of at least a statement of the conclusion of the sales contract. The moment the customer receives the email, the sales contract is regarded as concluded between the customer and the vendor.
  3. If the customer chooses:
  4. Payment by bank transfer, electronic payment or payment by card, the customer is obliged to make the payment within 3 calendar days from the day of the conclusion of the sales contract- otherwise, the order will be cancelled.
  5. Payment on delivery, the customer is obliged to make the payment when receiving the package.
  6. If the customer chose a delivery method other than personal collection, the product will be sent by the vendor in a period specified in the description (except for cases such as described in point 5 of this paragraph), in a method which was chosen by the customer when placing the order.
  7. Whenever a number of products with various delivery periods are ordered, the final delivery period is the longest one,
  8. In the case of ordering products with various delivery times, the customer is entitled to ask to deliver the products in batches or delivering all the products after the whole order is complete.
  9. The delivery term deadline is determined in the following ways:
  10. In the case when the customer chooses payment by bank transfer, electronic payment or by card- the time is counted from when the money is on the vendor’s bank account.
  11. In the case of choosing payment on delivery- the time is counted from when the sales contract is concluded.
  12. In the case of choosing a personal product, the product will be ready to be collected by the customer in the term specified in the product description. The customer will be additionally informed about the product being ready via an email message sent by the vendor to the address provided in the order form.
  13. In the case of ordering products with various terms of availability to be collected, the longest term should be considered the final one.
  14. The deadline for the product to be available to be collected is determined in the following ways:
  15. In the case when the customer chooses payment by bank transfer, electronic payment or by card- the time is counted from when the money is on the vendor’s bank account.
  16. In the case of choosing payment on collection- the time is counted from when the sales contract is concluded.
  17. The delivery of products is executed within the European Union.
  18. Delivery of products to the customer is billable, unless the sales contract states differently. The cost of delivery of the product (including transport costs, delivery and postal services), are indicated to the customer on the websites subpages during executing the order, and at the moment of the conclusion of the sales contract.

§ 10

The right of withdrawal from the contract

 

  1. The consumer can withdraw from the sales contract within 14 days, without providing any reason.
  2. The deadline specified in the first point is counted from when the product is delivered to the consumer or to another person specified by the consumer, other than the transport company.
  3. In the case of a contract, which applies to many products, which are delivered separately, in batches or in parts, the term specified in point 1 is counted from the delivery of the last product, batch or part.
  4. In the case of a contract, which implies a regular delivery of goods for a defined period of time (subscription), the term specified in point 1 is counted from when the first product becomes the property of the customer.
  5. The consumer can always withdraw from the contract, by sending a statement of withdrawal to the vendor. In order to keep the term for withdrawal from the contract, all that is needed is for the consumer to send the statement before the end of the period.
  6. The statement can be sent by traditional post, by fax, or via electronic mail, by sending the statement to the vendor’s email address- the vendor’s contact data is to be found in 3. The statement can be also made through a form, which is to be found in the form of an attachment to the bill from the 30th of May 2014, about consumer rights. Although this method is not obligatory.
  7. In the case when the consumer sends the statement via electronic mail, the vendor will immediately send to the consumer’s email address a confirmation of receiving the statement of withdrawal from the contract.
  8. Effects of withdrawal from the contract:
  9. In the case of withdrawal from a contract concluded over a distance, the contract is deemed unconcluded.
  10. In the case of withdrawal from the contract, the vendor immediately returns any payments made by the consumer and delivery costs (except any additional costs resulting from choosing a different delivery method than the cheapest available delivery method), no later than 14 days from receiving the withdrawal statement.
  11. The return of the money will be executed by the same payment method, which was used by the consumer in the original transaction, unless the consumer clearly asks for a different solution, which won’t imply any additional costs.
  12. The vendor can stall the return of the money until the product isn’t returned or until the proof that the product was sent back is provided, depending on which happens first.
  13. The consumer should send back the product to the vendor’s address (provided in the regulations) immediately, no later than 14 days from the day in which he informed the vendor about the contract withdrawal. The period will be maintained if the consumer sends back the product before the 14-day deadline.
  14. The consumer will undertake any direct costs of returning the products, as well as any costs resulting from the inability to send the product back in the standard way.
  15. The consumer is responsible only for decreasing the value of the product, resulting from using it in a different way than it was needed to confirm the character, features and functioning of the product.
  16. In the case when the product can’t be sent back via standard post due to its features, any information about this, as well as the return costs, can be found in the product description of the product in the shop.
  17. The right to withdraw from the contract concluded at a distance does not apply in the case of a contract:
  18. In which the subject of the contract is a non-prefabricated product, produced following the specifications of the consumer or in order to satisfy any of his individual needs.
  19. In which the subject of subject of the contract is a product delivered in a sealed package, after which when opened, it can’t be returned anymore because of health protection, or if the package was opened after delivery, for hygienic reasons.
  20. In which the subject of the contract is a product that can go off easily, or has a short expiry date.
  21. If the contract concerned executing a service, if the service was fully executed by the vendor at clear consent of the consumer, who was informed before purchasing the service, that he will lose all rights to withdraw the contract after the service is executed.
  22. In which the cost or price varies from any fluctuations on the financial market, which the vendor has no control over, and which can happen before the deadline of the contract withdrawal.
  23. In which the subject of the contract are products that, because of their function, become inseparably connected with other things after delivery.
  24. In which the subject of the contract are alcoholic beverages, which prices were agreed upon when the sales contract was concluded, which the delivery of can executed after 30 days, and when the value of these beverages is dependent from any fluctuations on the market, which the vendor has no control over.
  25. In which the subject of the contract are audio or visual recordings and/or computer programs, delivered in sealed packages, if the package was opened after delivery.
  26. In which the subject of the contract is the delivery of dailies, periodicals or magazines, with the exception of subscriptions.
  27. In which the subject is delivering digital information, which aren’t saved on a physical carrier, if the execution of the service was initiated after clear consent of the consumer before the deadline of the withdrawal period, and after the vendor informing him about the fact that the consumer lost his right to withdraw the contract.

 

§ 11

Complaints and guarantee

  • The sales contract incorporates only new products.
  • In the case when some flaw occurs in the product which was bought from the vendor, the customer has the right to complain on the basis of the laws concerning warranty in the civil code. If the customer is an entrepreneur, the parties exclude any responsibility due to warranty.
  • The complaint should be sent in written form or via email to one of the addresses provided in these regulations.
  • It is recommended to include in the complaint things like: a short description of the flaw, circumstances (including the date) of noticing it, information about the customer sending in the complaint, and any requests from the customer, resulting from the flaw.
  • The vendor will take a stance concerning the complaint immediately, and if the customer is a private consumer- not after 14 days. If the customer is a private consumer and the vendor doesn’t take stance to the complaint within 14 days, it is regarded that he confirmed the complaint as valid.
  • Goods that are sent back following the complaint procedure are to be sent to the address provided in 3 of these regulations.
  • In the case when there is a guarantee set for a certain product, any information about it as well as its content will be in the product description in the shop.

§ 12

Extrajudicial methods of complaint consideration and claim investigation.

 

  1. Any detailed information concerning the possibility of utilization of extrajudicial methods of complaint consideration and claim investigation and the rules of access to these procedures are available in the headquarters and on the internet pages of the district (city) consumer spokesmen, social organizations which contain consumer protection within their statutory missions, Voivodeship Inspectorates of Sales Inspection and under 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 oraz http://www.uokik.gov.pl/wazne_adresy.php.
  2. The consumer has the following examples of utilization of extrajudicial methods of complaint consideration and claim investigation:
  3. The consumer is entitled to turn to permanent amicable consumer courts, which are mentioned in article 37 of the law form 15 December 2000 about sales inspection (journal of laws from 2014, position 148 with later changes), with a request to initiate the settlement of a dispute resulting from a contract concluded with the vendor.
  4. The consumer is entitled to turn to the Voivodeship Inspectorates of Sales Inspection, which are mentioned in article 37 of the law form 15 December 2000 about sales inspection (journal of laws from 2014, position 148 with later changes), with the request to initiate mediatory proceedings regarding the amicable settlement of the dispute between the consumer and the vendor.
  5. The consumer can receive free help regarding settling any dispute between him/her and the vendor, as well as utilizing free help from the district (city) consumer spokesman or social organizations which contain consumer protection within their statutory missions (for example the consumer federation, the Polish Consumer Association).

§ 13

Personal data in the internet shop

  1. The personal data administrator of the customers which are collected through the internet shop is the vendor.
  2. The personal data of the customers which are collected by the administrator through the internet shop are collected in order to execute the sales contract, and if the customer expresses content- also for marketing processes.
  3. The recipients of the personal data of the internet shop can be:
  4. In the case of a customer that chooses courier or postal services as a means of delivery, the administrator will make the collected personal data of the customer available to the chosen carrier or agent which is responsible for executing the delivery on behalf of the administrator.
  5. In the case of the customer choosing electronic or card payment methods, the administrator will pass on the personal data to the entity which is responsible for servicing the payments.
  6. The customer has the right to access his personal data and to edit it if needed.
  7. Providing the personal data is voluntary, but by not providing the data specified in the regulation, which is necessary in order to conclude the contract will automatically mean that the contract is impossible to conclude.

§ 14

Final provisions

  1. Contracts concluded by the internet shop are in the Polish language.
  2. The vendor reserves himself the right to introduce changes into the regulations because of important reasons such as: changes in the law, changes in payment and delivery methods- only in terms of how those changes effect these regulations. Every change will be proceeded by an information sent out by the customer with a 7-day advance.
  3. In matters not regulated by these regulations, the generally applicable Polish laws apply, especially the civil code, the service by electronic means act, consumer rights acts, personal data protection acts,
  4. The customer has the right to utilize extrajudicial methods of settling complaints and investigating claims. For this, he can send a claim via the European Union internet platform ODR, which is to be found under the following address: http://ec.europa.eu/consumers/odr/