Online Shop Terms & Conditions
§ 1
Introductory provisions
The online shop available at www.root7.pl is operated by Root7 s.c. with its registered office in Podleśna 77/1 05-552 Łazy. NIP (tax identification number): 522-306-56-77, REGON (statistical number): 364695715
These Terms and Conditions are addressed to Consumers and defines the principles and procedure for the conclusion of a Remote Sales Agreement with the Consumer via the Shop.
§ 2
Definitions
Consumer - a natural person concluding an agreement with the Seller within the framework of the Shop, the subject matter of which is not directly connected with their business or professional activity.
Seller - Root7 s.c. with its registered office in Piaseczno.
Customer - any entity making purchases via the Store.
Entrepreneur - a natural person, a legal person and an organisational unit without legal personality which is granted legal capacity by a separate act, doing business on its own behalf, which uses the Shop.
Shop - an online shop operated by the Seller at the following website: www.root7.pl.
Remote Agreement - an agreement concluded with a Customer within an organised distance contracting system (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the agreement.
Terms and Conditions - these rules of the Shop.
Order - Customer's declaration of will made by means of the Order Form and aiming directly at concluding a Product or Products Sales Agreement with the Seller.
Account - Customer's account in the Shop, it contains the data provided by the Customer and information about their Orders placed in the Shop.
Registration Form - a form available in the Shop, enabling the creation of an Account.
Order Form - an interactive form available in the Shop which enables placing an Order, in particular by adding Products to a Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Cart - an element of the Shop's software in which the Products selected by the Customer for purchase are visible, giving the possibility to determine and modify the Order's data, in particular the quantity of products.
Product - a movable item or service available in the Shop which is the subject matter of a Sales Agreement between the Customer and the Seller.
Sales Agreement - a contract of sale of a Product to be concluded or concluded between the Customer and the Seller via the Online Shop. The Sales Agreement is also understood as, pursuant to the characteristics of the Product, the contract for the provision of services and the contract for specific work.
§ 3
Contact with the Shop
Seller's address: Podleśna 77/1 05-552 Łazy
Seller's e-mail address: sklep@root7.pl
Seller's telephone number: +48 537 868 759
Seller's bank account number: 55 1140 2004 0000 3102 7630 3921
The Customer may communicate with the Seller using the addresses and telephone numbers given in this paragraph.
The Customer may communicate with the Seller by phone between 9 am and 5 pm.
§ 4
Technical requirements
In order to use the Shop, including browsing the Shop's assortment and placing orders for Products, the following are necessary:
a terminal device with access to the Internet and a web browser,
an active electronic mail account (e-mail),
cookies enabled.
§ 5
General information
The Seller, to the fullest extent permitted by law, is not liable for malfunctions, including interruptions in Store operation caused by force majeure, unauthorised actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
Browsing the Shop's assortment does not require creating an Account. Placing orders by a Customer for Products in the Store's assortment is possible after providing necessary personal and address data enabling their realisation.
The prices given in the Store are given in Polish zloty and are gross prices (they include VAT).
The final (ultimate) amount payable by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), of which the Customer is informed on the Store's website when placing an Order, including at the moment of expressing their will to be bound by a Sales Agreement.
In case of an Agreement covering several products, the final (ultimate) price is the total price covering all the goods.
§ 6
Rules for placing an Order
In order to place an Order:
select the Product which is the subject of the Order and then click the "Select" button;
use the possibility to place an Order;
fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment, enter the data for the invoice, if different from the data of the Order recipient,
click the "Pay" button,
select one of the available payment methods and, depending on the payment method, pay for the Order within a specified period, subject to § 8 Point 3.
§ 7
Delivery and payment methods offered
1. The Customer may use the following methods of delivery or collection of the ordered Product:
courier delivery,
pick up in a parcel machine.
2. Detailed information on delivery methods and acceptable methods of payment can be found on the Store's website.
§ 8
Performance of the Sales Agreement
The conclusion of the Sales Agreement between the Customer and the Seller takes place after prior submission of the Order by the Customer using the Order Form at the Online Store in accordance with § 6 of the Terms and Conditions.
After placing an Order the Seller shall immediately confirm its receipt and at the same time accept the Order for execution. The receipt of the Order and its acceptance for execution is confirmed by the Seller sending the Customer an appropriate e-mail message to the Customer's e-mail address provided in the course of Order placement. The e-mail message shall include at least the Seller's statements concerning the receipt of the Order and its acceptance for execution as well as confirmation of conclusion of the Sales Agreement. The moment the Customer receives the above-mentioned e-mail, the Sales Agreement between the Customer and the Seller is concluded.
If the Customer chooses:
transfer payment, electronic payment or card payment, the Customer is obliged to make the payment immediately after placing the order.
The Product will be dispatched by the Seller within the period indicated in its description, in the manner selected by the Customer when placing the Order. Products are usually dispatched within 24 hours via InPost, delivery by another courier of your choice 2-4 days. Personalised products are delivered up to 5 working days.
The start of the Product delivery period to the Customer is calculated as follows:
If the Customer chooses the method of payment by transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
§ 9
Agreement rescission right
The Consumer is entitled to the Sales Agreement within 14 days without giving any reason, except for agreements referred to in Section 10.
The period specified in Section 1 starts with the delivery of the Product to the Consumer or a person indicated by the Consumer, other than the carrier.
The Consumer may rescind the Agreement by delivering a statement rescinding the Agreement to the Seller. The deadline for rescission of the Agreement is considered observed if the Consumer sends a statement before the lapse of the said deadline.
The statement may be sent by traditional mail or electronically by sending a statement to the e-mail address - the Seller's contact details are specified in § 3.
In the event that the Consumer sends a statement electronically, the Seller shall immediately send to the Consumer, at the e-mail address provided by the Consumer, a confirmation of receipt of the statement on rescission of the Agreement.
Effects of Agreement rescission:
In the case of rescission of the remote Agreement, the Agreement shall be deemed not to have been concluded.
In the case of rescinding the Agreement the Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer's statement on rescinding the Agreement, reimburse the Consumer for all payments made by them, including the costs of delivery of the item, except for additional costs resulting from the method of delivery chosen by the Consumer.
The Seller shall refund the payment using the same payment methods used by the Consumer in the original transaction unless the Consumer has explicitly agreed to a different solution, which will not incur any costs for them.
The Seller may withhold reimbursement until it has received the Product back or until it has been provided with proof of having sent the Product back, whichever event occurs first.
The Consumer shall immediately, no later than 14 days from the date on which they communicated the rescission of the Agreement to the Seller, send back the Product to the Seller's address given in these Terms and Conditions. The deadline is considered observed if the Consumer sends the Product back before the lapse of the 14-day period.
The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be sent back by post in the usual manner.
The Consumer shall only be liable for any diminished value of the Product resulting from the handling of the Product other than what is necessary to establish the nature, characteristics and functioning of the Product.
9. If, due to the nature of the Product, the Product cannot be sent back in the ordinary course of post, this fact will be stated in the description of the Product in the Shop together with the cost of returning the Product.
10. The Consumer is not entitled to rescind the remote agreement if it is the Agreement:
for the supply of newspapers, periodicals or magazines, except for the agreement on subscription,
for the supply of digital content which is not recorded on a tangible medium, if the provision of services has begun with the Consumer's express consent before the end of the period for rescinding the agreement and after being informed by the Seller of the loss of the right to rescind the Agreement.
§ 10
Complaints and warranty
The Sales Agreement covers new Products.
The Seller has the obligation to provide the Customer with defect-free goods.
3. In case of defects of goods purchased from the Seller, the Customer has the right to lodge a complaint under the warranty provisions of the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under statutory warranty.
§ 11
Out-of-court complaint handling and claim pursuit procedures
Detailed information about the possibility for the Consumer to avail of out-of-court complaint handling and claim investigation procedures and the rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following website addresses of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_ko
The Consumer has the following indicative possibilities to use out-of-court ways of handling complaints and pursuing claims:
The Consumer is entitled to apply to the permanent arbitration consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
The Consumer shall be entitled to apply to the provincial inspector of the Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Seller.
The Consumer may obtain free assistance in resolving a dispute between them and the Seller, also using free assistance from a poviat (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Consumer Federation, Polish Consumers Association).
§ 12
Personal data in the Internet Shop
The Seller is the controller of Customers' personal data collected by the Online Shop.
Customers' personal data collected by the controller via the Online Shop are collected for the purpose of performing the Sales Agreement, and if the Customer grants their consent - also for marketing purposes.
The following may be the recipients of the personal data of the Customers of the Internet Shop:
In case of a Customer who uses mail delivery method in the Internet Shop, the Controller shares the collected personal data of the Customer with a chosen carrier or an agent realizing the shipment upon the order of the Controller.
In case of a Customer who uses the method of electronic or credit card payment in the Internet Shop, the Controller shares the collected personal data of the Customer with a chosen entity handling the aforementioned payments in the Internet Shop.
4. The Customer has the right to access their data and correct them, request data deletion, object to data processing, and withdraw consent to data processing without affecting the legality of processing carried out before the withdrawal of consent.
5. Providing personal data is voluntary, but failure to provide the personal data indicated in the Rules and Regulations necessary to conclude a Sales Agreement results in the inability to conclude the contract.
§ 13
Final provisions
1. Contracts concluded through the Online Store are concluded in Polish.
2. The Seller reserves the right to amend the Terms and Conditions for important reasons, such as changes in the provisions of law, changes in methods of payment and delivery - to the extent that these changes affect the implementation of these Regulations. The Seller shall inform the Customer about each change at least 7 days in advance.
3. To matters not covered by these Terms and Conditions generally applicable provisions of Polish law, in particular: Civil Code; Act on providing electronic services; Act on consumer rights, Act on personal data protection.
4. The Customer has the right to use out-of-court complaint and claim procedures. For this purpose, they may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
