TERMS AND CONDITIONS OF
THE Q-WORKSHOP.COM ONLINE STORE
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES PROVIDED BY THE ONLINE STORE
3. TERMS OF CONCLUDING SALES AGREEMENTS
4. METHODS AND TERMS OF PRODUCT PAYMENTS
5. COSTS, METHODS AND TERMS OF PRODUCT DELIVERIES
6. PRODUCT COMPLAINTS
7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELLAS RULES OF ACCESS TO THOSE PROCEDURES
8. RIGHT TO WITHDRAW FROM AN AGREEMENT (APPLIES TO SALES AGREEMENTS CONCLUDED FROM THE 25TH OF DECEMBER 2014)
9. PROVISIONS REGARDING ENTREPRENEURS
10. FINAL PROVISIONS
11. MODEL WITHDRAWAL FORM
1.4.1. WORKING DAY – one day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM – an electronic form available at the Online Store which enables the establishment of an Account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store which enables placement of an Order, especially through the addition of a Product to the electronic shopping cart and specification of Sales Agreement terms, including the method of delivery and payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity and, in instances provided for by the commonly applicable regulations also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, on which the law bestows legal capacity – which has entered or intends to enter into a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the 23rd of April 1964 Civil Code Law (Journal of Laws of 1964 no. 16, pos. 93 further amended).
1.4.6. ACCOUNT – Electronic Service, annotated with an individual name (login) and password within the Service Provider’s information and communication technology (ICT) system, which collects data provided by the Service User and information regarding the Orders placed by the User in the Online Store.
1.4.7. NEWSLETTER – Electronic Service; an electronic distribution service provided by the Service Provider via electronic mail, which enables all subscribed Service Users to automatically receive regular contents of subsequent editions of the newsletter, including information on Products, new additions and promotions in the Online Store.
1.4.8. PRODUCT – a movable item or chattel available at the Online Store, being the subject of a Sales Agreement between the Customer and the Seller.
1.4.9. TERMS AND CONDITIONS – the following Online Store terms and conditions.
1.4.10. ONLINE STORE – the Service Provider’s store available at the Internet address: www.q-workshop.com.
1.4.11. SELLER; SERVICE PROVIDER – PATRYK STRZELEWICZ who operates a business enterprise under the business name PATRYK STRZELEWICZ Q-WORKSHOP entered into the Central Registry and Information on Business of the Republic of Poland (PL-CEIDG) kept by the competent minister of economy, with an address of business operation and service address at: ul. Słoneczna 5, 63-308 Gizałki, Tax ID: 7822265225, REGON: 634582037, electronic mail address: firstname.lastname@example.org.
1.4.12. SALES AGREEMENT – a Product sales agreement concluded or pending conclusion between the Customer and the Seller via the Online Service website.
1.4.13. ELECTRONIC SERVICE – a service rendered electronically by the Service Provider to the benefit of the Service User via the Online Store’s website.
1.4.14. SERVICE USER – (1) a natural person with full legal capacity and, in instances provided for by the commonly applicable regulations also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, onto which the law bestows legal capacity – who uses or intends to use the Electronic Service.
1.4.15. THE CONSUMER RIGHTS ACT, THE ACT – the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended)
1.4.16. ORDER – a Customer’s declaration of will submitted using the Order Form with the direct purpose of concluding a Product Sales Agreement with the Seller.
2.1.1. Account – use of the Account is possible after performing a total of three subsequent steps by the Service User – (1) filling out the Registration Form, (2) clicking the „Register me” field and (3) confirming creation of the Account by clicking the confirmation link automatically sent to the e-mail address provided by the User. The Registration Form requires the Service User to provide the following data: name and surname/company name, address (street, house/flat number, postal code, town/city, country), e-mail address, contact telephone number and password. In the case of non-consumer Customers it is also necessary to provide the company name and Tax ID number.
220.127.116.11. The Account Electronic Service is provided free of charge for an indefinite time. The Service User has the option, at any time and without stating a reason, to delete their Account (resignation from Account) by sending a corresponding request to the Service Provider, in particular via e-mail at the address: email@example.com or in writing at the address: ul. Słoneczna 5, 63-308 Gizałki.
2.1.2. Order Form – use of the Order Form begins upon addition by the Customer of the first Product to the electronic shopping cart in the Online Store. Placement of an Order is effected after the Customer performs a total of two subsequent steps – (1) fills out the Order Form and (2) clicks the “Confirm purchase” button on the Online Store’s Website after filling out the Order form – from that point on there is a possibility of individual modification of the entered data (to do that, follow the instructions displayed onscreen and information available at the Online Service’s website). In the Order Form it is essential for the Customer to provide the following data: name and surname/company name, address (street, house/flat number, postal code, town/city, country), e-mail address, contact telephone number and information regarding the Sales Agreement: Product/s, quantity of Products, place and method of Product delivery, method of payment. In the case of non-consumer Customers it is also necessary to provide the company name and Tax ID number.
18.104.22.168. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service User.
2.1.3. Newsletter – use of the Newsletter commences after completion by the User of a total of two steps – (1) provision of an e-mail address to which subsequent editions of the Newsletter are to be sent in the “Newsletter” tab available at the Online Store’s website and (2) clicking the „Add” field. User can subscribe to the Newsletter also by ticking the proper box while creating your Account - upon the creation of the Account the User becomes subscribed to the Newsletter..
22.214.171.124. The Newsletter Online Service is provided free of charge for an indefinite time. The Service User as the option, at any time and without stating the cause, to unsubscribe from the Newsletter (resign from the Newsletter) by sending a corresponding request to the Service Provider, particularly via e-mail at the address: firstname.lastname@example.org or in writing at the address: ul. Słoneczna 5, 63-308 Gizałki.
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints associated with the operation of the Online Service (excluding the Product complaint procedure, which is described in pts. 6 and 7 of the Terms and Conditions) can be submitted by the Service User:
2.4.2. in writing at the address: ul. Słoneczna 5, 63-308 Gizałki;
2.4.3. electronically via e-mail at the following address: email@example.com;
2.4.4. In the complaint description it is recommended for the Service User to provide: (1) information and circumstances regarding the subject of complaint, especially the type and occurrence date of the irregularity; (2) the Service User’s claim/request; and (3) contact data of the claimant – this will facilitate and expedite investigation of the complaint by the Service Provider. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.
2.4.5. The Service Provider shall address the complaint without delay, no later than within 14 calendar days from the date of submission.
3.3.1. Conclusion of a Sales Agreement between the Customer and Seller takes place after prior placement by the Customer of an Order in the Online Store as per pt. 2.1.2 of the Terms and Conditions.
3.3.2. After placement of the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for execution. Receipt confirmation of the Order and its acceptance for execution is effected by way of the Seller sending the Customer a message at the e-mail address provided by the Customer, containing at the least the Seller’s statement regarding receipt of the Order and its acceptance for execution, as well as confirmation of the Sales Agreement conclusion. Upon the Customer’s receipt of such message, the Sales Agreement between the Customer and Seller is concluded.
4.1.1. Payment via transfer to the Seller’s bank account.
126.96.36.199. Bank: Alior Bank S.A. – for payments in Polish zlotys (PLN).
188.8.131.52. Account number: 65 2490 0005 0000 4600 7924 2436.
4.1.2. Electronic and pay-card payments via the PayPal.com, Skrill.com and Przelewy24.pl services – up to date possible payment methods are provided on the Online Store’s website under the “Delivery” tab and on the http://www.paypal.com, http://www.skrill.com or https://www.przelewy24.pl website.
184.108.40.206. Settlements of electronic and pay card payment transactions are carried out according to the Customer’s choice via the PayPal.com, Skrill.com or Przelewy24.pl service. Servicing of electronic and pay card payments is handled by:
220.127.116.11.1. Paypal.com – PayPal (Europe) S.à r.l. & Cie, S.C.A. Company, 5th floor 22–24 Boulevard Royal, L-2449, Luxembourg.
18.104.22.168.2. Skrill.com - Skrill Limited Company, Floor 27, 25 Canada Square, London, E14 5LQ, register number: 4260907.
22.214.171.124.3. Przelewy24.pl – Dialcom24 Limited company with a registered office in Poznań (address: ul. Kanclerska 15; 60-327 Poznań), entered into the Entrepreneurs Registry of the National Court Register under the number 0000306513, registry documents kept by the District Court of Poznań – Nowe Miasto and Wilda in Poznań, share capital in the amount of 1.697.000,00 PLN, Tax ID: 7811733852.
4.2.1. If the Customer selects payment via bank transfer, electronic or pay card payment, the Customer is obliged to issue the payment within 10 Working Days from the Sales Agreement conclusion date.
5.2.1. Postal service.
5.2.2. Courier service.
5.3.1. If the Customer selects payment via bank transfer, electronic or pay card payment – from the crediting date of the Seller’s bank account or current account.
6.3.1. in writing to the following address: ul. Słoneczna 5, 63-308 Gizałki;
6.3.2. in electronic form via e-mail to the following address: firstname.lastname@example.org;
7.2.1. The Customer is entitled to address the amicable consumers’ court which is mentioned in art. 37 of the 15th of December 2000 Commercial Inspection Act (Journal of Laws of 2001, no. 4 pos. 25 further amended) with an application to settle a dispute resulting from the concluded Sales Agreement. The regulations of the organization and functioning of amicable consumers’ courts are specified by the 25th of September 2001 decree by the minister of justice on the definition of rules of organization and operation of amicable consumers’ courts (Journal of Laws of 2001, no. 113, pos. 1214).
7.2.2. The Customer is entitled to address the regional inspector of the Commercial Inspection authority in accordance with art. 36 of the 15th of December 2000 Commercial Inspection Act (Journal of Laws of 2001 no. 4 pos. 25 further amended) with an application to institute a mediation proceeding regarding the amicable settlement of a dispute between the Customer and Seller. Information regarding the rules and procedures of mediation conducted by the regional inspector of the Commercial Inspection authority is available at the offices or on the websites of corresponding Commercial Inspection Regional Inspectorates.
7.2.3. The Customer may receive free of charge aid in the matter of settling a dispute between the Customer and the Seller, using the free of charge aid of the district (municipal) consumer advocate or a social organization, whose tasks include the protection of consumers (incl. the Consumers’ Federation, Polish Consumers’ Association). Advice is provided by the Consumers’ Federation under the free of charge consumer hotline number 800 007 707 and by the Polish Consumers’ Association at the e-mail address email@example.com.
8.1.1. in writing at the address: ul. Słoneczna 5, 63-308 Gizałki;
8.1.2. electronically via e-mail at the address: firstname.lastname@example.org;
8.3.1. for agreements in the performance of which the Seller releases the Product under obligation to transfer its ownership (e.g. Sales Agreement) – on the date of Product ownership acquisition by the Consumer or a specified third party other than a carrier, and in the case of an agreement which: (1) encompasses multiple Products which are delivered separately, in batches or in parts – on the date of the final Product, batch or part ownership acquisition, or (2) involves regular delivery of Products over a specified time – on the date of the first Product’s ownership acquisition;
8.3.2. for other agreements – on the agreement conclusion date.
8.8.1. If the consumer has selected a Product delivery method other than the least expensive regular delivery method offered by the Online Store, the Seller is not obliged to refund any additional costs incurred due to this fact to the consumer.
8.8.2. The Consumer bears the direct costs of Product return.
8.8.3. In the event of service Products, the provision of which – at the clear request of the Consumer – is commenced before the agreement withdrawal deadline, the Consumer exercising their right to withdraw from the agreement upon submission of such a request is obliged to pay for the services provided until the time of withdrawal from the agreement. The payment amount is calculated proportionally to the scope of services provided, taking into consideration the price or remuneration stipulated in the agreement. If the price or remuneration are in excess, the basis for calculating said amount is the market value of services rendered.
8.9.1. (1) agreements on rendering services, if the Seller has fully performed the service at the express consent of the consumer, who was informed prior to the commencement of services that the right to withdraw from the agreement shall be lost upon completion of the service by the Seller; (2) agreements in which the price or remuneration depends on fluctuations on the financial market, over which the Seller has no control and which may occur before the expiry of the agreement withdrawal term; (3) agreements in which the Product or service provided is not prefabricated, but is produced according to the consumer’s specifications or meant to satisfy the consumer’s custom needs; (4) agreements in which the provided Product is highly perishable or has a short use by period; (5) agreements regarding a Product delivered in a sealed package, which is impossible to return upon opening due to health safety or hygienic reasons, if the packaging was opened upon delivery; (6) agreements regarding Products which upon delivery, due to their nature, are inseparably connected to other items; (7) agreements concerning the delivery of alcoholic beverages, whose price was agreed upon during conclusion of the Sales Agreement and which can be delivered only after 30 days, and the value of which depends on market fluctuations, over which the Seller has no control; (8) agreements in which the consumer expressly requested the Seller to come to the consumer’s premises in order to carry out urgent repairs or maintenance; if the Seller additionally renders other services than those requested by the consumer or delivers Products other than replacement parts essential to carry out repairs or maintenance, the consumer has the right to withdraw from the Agreement in relation to the additional services or Products; (9) agreements relating to the provision of audio or video recordings or computer software delivered in sealed packaging, if the packaging was opened upon delivery; (10) agreements regarding the delivery of daily journals, periodic journals or magazines, with the exception of subscription agreements; (11) agreements entered into by way of public auction; (12) agreements for the provision of services in the area of accommodation other than for residential purposes, transport of items, lease of vehicles, catering, services associated with leisure, entertainment, sports or cultural events, if the agreement specifies a date or period of service provision; (13) agreements regarding the delivery of digital content, which are not recorded on a physical carrier, if the performance of services was commenced with the express consent of the consumer before the expiry of the agreement withdrawal terms and after the consumer was previously informed by the Seller of the loss of rights to withdraw from the agreement.
10.2.1. The Service Provider reserves the right to amend the Terms and Conditions due to significant reasons, i.e. change in legal regulations; change in methods of payment and delivery – in a scope, in which such changes influence the execution of provisions of these Terms and Conditions.
10.2.2. In the event of the conclusion of perpetual agreements based on these Terms and Conditions (e.g. for the provision of the Account – Electronic Service), the amended Terms and Conditions are binding for the Service User, provided that the requirements of art. 384 and 384 of the Civil Code are met, i.e. the Service User has been properly notified of the amendments and has not terminated the agreement within 14 calendar days from the notification date. In cases, where an amendment of Terms and Conditions results in the introduction of any new charges or increase of current ones, the Service User who is a consumer is entitled to withdraw from the agreement.
10.2.3. In case of conclusion of agreements other than perpetual ones based on these Terms and Conditions (e.g. Sales Agreements), amendments to the Terms and Conditions shall in no way affect the rights acquired by consumer Service Users/Customers before the effective date of the amended Terms and Conditions; in particular the amendments to the Terms and Conditions will not affect pending or already placed Orders and concluded, in progress or performed Sales Agreements.
Model withdrawal form
(This form must be completed and returned only if you fish to withdraw from the contract)
PATRYK STRZELEWICZ Q-WORKSHOP
ul. Słoneczna 5, 63-308 Gizałki