Terms and conditions of online store Ajmara.pl

Conclusion of a contract between Buyer and Sellers can take place in two ways.

The Buyer is entitled to negotiate any provisions of the contract with Sellers , including those that amend the following terms and conditions, before placing the order. These negotiations should be conducted in writing and directed to the Seller (Shop Ajmara.pl Leszek Maciuk, ul. Zawiszy Czarnego 10/2; 41-506 Chorzów).

If the Buyer resigns from the possibility to conclude a contract by way of individual negotiations, the following terms and applicable law apply.

§1 Definitions

1. Personal Data Administrator:
   

   Softles.NET Leszek Maciuk
   ul. Zawiszy Czarnego 10/2
   41-506 Chorzów
   Poland
   NIP: PL6272299401 REGON: 277547028

2. 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, apartment or flat number, in the case of a town not divided into: streets and real estate number) postal and city.
3. Complaint address:
   

   Online store Ajmara.pl Leszek Maciuk
   ul. Zawiszy Czarnego 10/2
   41-506 Chorzów
   Poland

4. Price list of deliveries – located at the address www.ajmara.pl/en/delivery.html a list of available types of delivery and their costs.
5. Contact data:
   

   Online store Ajmara.pl Leszek Maciuk
   ul. Zawiszy Czarnego 10/2
   41-506 Chorzów
   Poland
   e-mail: sklep@ajmara.pl
   telefon: +48 600 624 630
   

6. Personal data - all information regarding an identified or identifiable natural person. The information is not considered to enable identification of a person if it would require excessive costs, time or activities.
7. Sensitive data – these are personal data containing information on racial or ethnic origin, political views, religious or philosophical beliefs, religious affiliation, party or trade union status, as well as data on health status, genetic code, addictions, sex life, convictions, punishment sentences and penalties as well as other judgments issued in court or administrative proceedings.
8. Delivery - type of transport service including specification of the carrier and cost listed in the delivery price list located at www.ajmara.pl/en/delivery.html
9. Proof of purchase - invoice, bill or receipt issued in accordance with the Goods and Services Tax Act of March 11, 2004, as amended and other applicable laws.
10. Product card - a single store subpage containing information about a single product.
11. Customer - an adult natural person with full legal capacity, legal person or organizational unit without legal personality and having legal capacity, making a purchase with the Seller directly related to its business or professional activity .
12. Civil Code - Civil Code Act of April 23, 1964, as amended.
13. Code of good practice - a set of rules of conduct, in particular ethical and professional standards, referred to in Article 2, point 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
14. Consumer - an adult natural person with full legal capacity, making a purchase from the Seller not directly related to its business or professional activity.
15. Shopping Cart - a list of products made from the products offered in the store based on the Buyer's choices.
16. Buyer - both Consumer and Customer.
17. Place of issue of things - postal address or collection point indicated in the order by the Buyer.
18. Moment of issue of the item - the moment at which the Buyer or a third party designated by him / her will take possession of the item.
19. ODR online platform - an EU website based on Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online system for resolving consumer disputes and amending the Regulation ( EC) No. 2006/2004 and Directive 2009/22 / EC and available at https://webgate.ec.europa.eu/odr
20. Payment - method of payment for the subject of the contract and delivery specified at www.ajmara.pl/en/payment.html
21. Authorized entity - an entity authorized to out-of-court resolution of consumer disputes within the meaning of the Act on Out-of-court resolution of consumer disputes of September 23, 2016, as amended.
22. Privacy Policy - the principles of processing personal data of Buyers, the rights of Buyers and the obligations of the Data Administrator, which is located at: www.ajmara.pl/en/privacy-policy.html
23. Consumer Law - Consumer Rights Act of May 30, 2014.
24. Product - the minimum and indivisible number of items that can be the subject of the order and which is given in the Seller's store as a unit of measure in determining its price (price / unit).
25. Subject of the contract - products and supply being the subject of the contract.
26. Subject of performance - subject of the contract.
27. Pickup Point - the place of issue of the item not being a postal address, listed in the list provided by the Seller in the store.
28. Register of UOKiK - register of authorized entities kept by the Office of Competition and Consumer Protection pursuant to the Act on Out-of-court resolution of consumer disputes of September 23, 2016, as amended, and available at: https://iwark.pl .gov / rejestr_podmiot_uprawnionych.php
29. RODO - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of the directive 95/46 / EC
30. Item - a movable item that may or may be the subject of a contract.
31. Store - internet service available at Ajmara.pl , through which the Buyer can place an order.
32. Seller:
    Softles.NET Leszek Maciuk
    ul. Zawiszy Czarnego 10/2; 41-506 Chorzów, Poland
    NIP: 627-229-94-01, REGON: 277547028
    registered and visible in the CEIDG register at the address :
    https://prod.ceidg.gov.pl/CEIDG/ceidg.public.ui/SearchDetails.aspx?Id=612b36cc-ac1f-45c7-a6a5-4bf4aea2a020
    BANK ACCOUNT (in PLN): 97 1140 2004 0000 3502 3020 5853
    
33. System - a team of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunications networks using the end device appropriate for a given type of network, commonly referred to as the Internet. / li>
34. Due date - number of hours or business days listed on the product card.
35. Agreement - an agreement concluded outside the business premises or at a distance within the meaning of the Act on Consumer Rights of 30 May 2014 in the case of Consumers and a sales contract within the meaning of art. 535 of the Civil Code of April 23, 1964 for Buyers.
36. Defect - both physical defect and legal defect.
37. Physical defect - non-compliance of the item sold with the contract, in particular if the item:
    
    1. does not have properties that this kind of thing should have because of the purpose in the contract marked or resulting from the circumstances or destination;
    2. does not have the properties that the Seller provided to the Consumer,
    3. is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such purpose;
    4. has been delivered to the Consumer in an incomplete state;
    5. in case of improper installation and commissioning, if these activities were performed by the Seller or a third party for whom the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;
    6. does not have the characteristics provided by the manufacturer or his representative or person who places the product on the market as part of his business and a person who, by placing his or her name, trade mark or other distinguishing sign on the item, presents himself as a producer unless the Seller did not know these assurances or, judiciously, could not know or they could not affect the consumer's decision to conclude the contract, or if their content was corrected prior to the conclusion of the contract.
38. Legal defect - the situation where the item sold is owned by a third party or is encumbered with the right of a third party, and if the restriction in the use or disposal of the item results from a decision or ruling of the competent authority.
39. Order - Buyer's declaration of intent made through the store clearly specifying: the type and quantity of products; type of delivery; payment method; place of issue of things, details of the Buyer and aiming directly at the conclusion of the contract between the Buyer and the Seller.

§2 General conditions

1. The contract is concluded in Polish, in accordance with Polish law and these regulations.
2. The place of delivery must be on the territory of the Republic of Poland or the European Union.
3. The seller is obliged and undertakes to provide services and deliver items free from defects.
4. All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
5. All dates are calculated in accordance with art. 111 of the Civil Code, i.e. the period marked in days ends on the last day, and if the beginning of the period marked in days is an event, it is not taken into account when calculating the date of the day on which the event occurred.
6. Confirmation, disclosure, fixation, protection of all material provisions of the contract in order to gain access to this information in the future occurs in the form:
   
   1. order confirmation by sending to the indicated e-mail address: order, information about the right to withdraw from the contract, and links to self-download the regulations and the pattern of withdrawal from the contract;
   2. to attach to the completed order, sent to the indicated place of issue of the item printed proof of purchase.
7. The Seller informs you about the guarantees issued by third parties for products in the store.
8. The seller does not charge any fees for communication with him using means of distance communication, and the Buyer will bear its costs in the amount resulting from the contract he has concluded with a third party providing him with a specific service enabling remote communication.
9. The Seller provides the Buyer using the system with the correctness of the store in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with horizontal resolution above 1024 px. The use of third party software affecting the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, so in order to get full functionality of the Ajmara.pl store, you should disable them all.
10. The buyer can use the option of remembering his data by the store in order to facilitate the process of placing another order. For this purpose, the Buyer should provide the username and password necessary to access his account. The login and password are a sequence of characters determined by the Buyer, who is obliged to keep them secret and to protect against unauthorized access by third parties. The buyer has the ability to view, correct, update data and delete the account in the store at any time.
11. The Seller applies to the Code of Good Practice.
12. The buyer is obliged to:
    1. not providing or forwarding content prohibited by law, e.g. content that promotes violence, defamatory or violates personal rights and other rights of third parties,
    2. use the store in a way that does not interfere with its operation, in particular through the use of specific software or devices,
    3. failure to take actions such as: sending or posting unsolicited commercial information (spam) within the store,
    4. use the store in a way that is not inconvenient for other Buyers and for the Seller,
    5. use any content posted in the store only for personal use,
    6. use the store in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the regulations, as well as the general principles of netiquette.

§3 Conclusion of the contract and implementation

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 many times:
   
   1. adding to the product basket;
   2. choice of delivery type
   3. choose your payment type
   4. choice of place of issue of things;
   5. placing an order in the store by using the "Order with payment obligation" button.
3. The conclusion of the contract with the Consumer takes place when the order is placed.
4. Order processing of the Consumer payable on delivery takes place immediately, and orders payable by bank transfer or via the electronic payment system after posting the Consumer's payment on the Seller's account, which should take place within 30 days of placing the order, unless the Consumer was unable to fulfill the payment due to no fault and informed the Seller about this.
5. The conclusion of the contract with the Customer takes place at the moment of the order acceptance by the Seller, which informs the Customer within 48 hours of placing the order.
6. The Customer's order payable on delivery takes place immediately after the conclusion of the contract, and the order paid by bank transfer or via the electronic payment system after the conclusion of the contract and the payment of the Customer's account in the account.
7. The execution of the Customer's order may depend on the payment of all or part of the value of the order or obtaining a merchant credit limit at least the value of the order or the Seller's consent to send the order on delivery (payable upon delivery).
8. Sending the subject of the contract takes place within the time specified on the product card, and for orders placed from many products in the longest term from the products specified on the cards. The deadline runs from the moment the order is processed.
9. The purchased subject of the contract is, together with the sales document selected by the Buyer, sent to the place of delivery of the item selected by the Buyer in the order indicated by the Buyer, together with the attached attachments referred to in §2 point 6b.

§4 The right to withdraw from the contract

1. Consumer, is entitled under Art. 27 of the Consumer Law, the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 Consumer Rights.
2. The deadline to withdraw from a distance contract is 14 days from the date of delivery of the item, and it is enough to send a statement before the deadline expires.
3. A statement of withdrawal from the contract The consumer may submit to form , whose template is Annex No. 2 to the Consumer Law, on the form available at the address www.ajmara.pl/doc/withdrawal_form.pdf or in a different form consistent with the Consumer Law.
4. Seller will immediately confirm to the consumer by e-mail (provided at the conclusion of the contract and another, if given in the submitted statement) receipt of a declaration of withdrawal from the contract.
5. In the event of withdrawal from the contract, the contract is considered null and void.
6. The consumer is obliged to return the item to the Seller immediately, but not later than within 14 days from the date on which he withdrawn from the contract. To meet the deadline, all you have to do is return the item before its expiry.
7. The consumer sends back the items being the subject of the contract from which he resigned at his own expense.
8. The consumer does not bear the costs of providing digital content that is not recorded on a tangible medium, if he did not agree to the performance before the deadline to withdraw from the contract or was not informed about the loss of his right to withdraw from the contract at the time of such consent or the entrepreneur did not provide confirmation in accordance with art. 15 para. 1 and art. 21 par. 1. Consumer rights.
9. The consumer is responsible for reducing the value of the object being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
10. The Seller shall promptly, not later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer return to the Consumer all payments made by him, including costs of delivering to the Consumer things, and if the Consumer chose the delivery method other than the cheapest ordinary way delivery offered by the Seller, the Seller shall not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law.
11. The seller returns the payment using the same method of payment as used by the Consumer, unless the consumer has explicitly agreed to a different payment method, which does not involve any costs for him.
12. The Seller may withhold the refund of payment received from the Consumer until receipt of the item back or delivery by the Consumer of proof of its return, depending on which event occurs first.
13. According to Article 38 of the Consumer Law, a consumer is not entitled to withdraw from the contract:
    
    1. 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 deadline to withdraw from the contract;
    2. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specification or serving to satisfy his individual needs;
    3. in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
    4. in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;

§5 Warranty

1. The seller based on art. 558§1 of the Polish Civil Code completely excludes liability towards clients due to physical and legal defects (warranty).
2. The Seller is liable to the Consumer on the terms set out in Art. 556 of the Civil Code and subsequent ones for defects (warranty).
3. In the case of a contract with a Consumer, if a physical defect was found within one year of the delivery of the item, it is assumed that it existed at the time when the danger passed on to the Consumer.
4. Consumer if the item sold has a defect, may:
   
   1. submit a statement requesting a price reduction;
   2. make a declaration of withdrawal from the contract;
   unless the Seller immediately and without excessive inconvenience for the Consumer exchanges the defective product for a defect-free one or removes the defect. However, if the item was already replaced or repaired by the Seller or the Seller did not satisfy the obligation to replace the item for free from defects or to remove the defect, he is not entitled to replace the item or remove the defect.
5. Consumer, instead of removing the defect proposed by the Seller, demand replacement of the item free from defects or replace the items, instead of replacing the item, unless it is impossible to bring things to compliance in the manner chosen by the Consumer or would require excessive costs compared to proposed by the Seller, while the cost of things free of defects is taken into account when assessing the cost overruns, the nature and significance of the defect found, and the inconvenience to which the Consumer would otherwise expose them.
6. The consumer can not withdraw from the contract if the defect is irrelevant.
7. Consumer if the item sold has a defect, may also:
   
   1. demand the exchange of things for something free from defects;
   2. request removal of the defect.
8. The seller is obliged to replace the defective item with one free from defects or to remove the defect within a reasonable time without excessive inconvenience to the consumer.
9. The seller may refuse to satisfy the Consumer's request if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the buyer or would require excessive costs compared to the second possible way to bring it into compliance with the contract.
10. In the event that a faulty item has been installed, the Consumer may demand the disassembly and re-installation after replacement for a defect-free one or removal of the defect, however he is obliged to bear some of the related costs exceeding the price of the sold item or may demand from the Seller payment of a part of the costs of disassembly and reassembly, up to the price of the item sold. In the event of failure to fulfill the obligation by the Seller, the Consumer is authorized to perform these activities at the expense and risk of the Seller.
11. The consumer who exercises the rights under the warranty is obliged to provide the defective at the expense of the Seller, and if, due to the type of thing or the method of its installation, delivery of things by the Consumer would be excessively difficult, the Consumer is obliged to provide the Seller with the item the place where the item is located. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to send back the items at the expense and risk of the Seller.
12. The costs of replacement or repair are borne by the Seller, except for the situation described in §5 point 10.
13. The Seller is obliged to accept from the Consumer a defective item in the event of an exchange of things for free from defects or withdrawal from the contract.
14. Seller within fourteen days will respond to based on art. 5615 of the Civil Code: statements about a demand to reduce the price, requesting the exchange of things for a defect-free one, demand for removal of the defect. The seller within thirty days (Article 7a of the Consumer Law) will refer to any other statement of the Consumer, which is not covered by the deadline of fourteen days specified in the Civil Code.
    Otherwise, it is considered that he considered the Consumer's statement or demand justified.
15. The seller is liable under the warranty if the physical defect is found before the expiry of two years from the delivery of the item to the consumer, and if the object of sale is used before the lapse of one year from the consumer.
16. Claim of the consumer for removing the defect or replacement of the item sold for free from defects expires after a year, counting from the date of finding the defect, but not earlier than within two years from the release of the item to the consumer, and if the object of sale is used before the end of one year from the moment the consumer issues the item.
17. In the event that the expiration date specified by the Seller or the manufacturer ends after two years from the delivery of the item to the consumer, the seller is liable under the warranty for physical defects of this item stated before the expiry of that period.
18. Within the time limits specified in §5, points 15-17, the Consumer may submit a declaration of withdrawal from the contract or price reduction due to a physical defect of the item sold, and if the Consumer requested replacement of the item for free from defects or removal of the defect, the deadline for submitting the statement about withdrawal from the contract or reduction of the price starts with the ineffective expiry of the deadline for replacing the item or removing the defect.
19. In the event of an investigation before a court or arbitral tribunal of one of the rights under the warranty, the time limit for exercising other rights vested in the Consumer under this warranty is suspended until the final conclusion of the proceedings. Accordingly, it also applies to mediation proceedings, while the deadline for exercising other rights under the warranty vested in the Consumer begins to run from the date of refusal by the court to approve the settlement concluded before the mediator or ineffective termination of the mediation.
20. To exercise the rights under the warranty for legal defects of the item sold, §5 points 15-16 applies, except that the period starts from the day on which the consumer learned about the existence of the defect, and if the consumer learned about the existence of the defect only as a result of an action of a third party - from the day on which the decision issued in a dispute with a third party became final.
21. If, due to a defect of things, the Consumer submitted a statement of withdrawal or price reduction, he may demand compensation for the damage he suffered because he concluded the contract, not knowing about the defect, even if the damage was due to circumstances for which the Seller did not bears liability, and in particular, may demand reimbursement of the contract, costs of collecting, transporting, storing and insuring the items, reimbursement of expenditures to the extent that they did not benefit from them, and did not receive them from a third party and reimbursement of the process costs. This does not prejudice the provisions on the obligation to repair damage under general rules.
22. The expiration of any term for finding a defect does not exclude the exercise of rights under the warranty if the defect was concealed by the Seller.
23. If the seller is obliged to provide or provide financial support to the consumer, he shall perform them without undue delay, no later than the period provided for in law.

§6 Privacy policy and personal data security

1. The Personal Data Controller is responsible for the lawful processing of personal data, and the rules for the collection, processing and storage of personal data, as well as the right of the Buyer related to his personal data.
2. The Personal Data Administrator processes personal data of Buyers based on consent and in connection with the legitimate interests of the Seller.
3. The Personal Data Administrator collects and processes personal data only to the extent that it is justified by a contractual or legal obligation.
4. The consent of the Buyer to the processing of personal data is voluntary, and consent to the processing of data for a specific purpose may be withdrawn at any time.
5. For the needs of the Buyer's order, the following personal data are collected:
   • postal address - necessary to issue a proof of purchase;
   • place of delivery - necessary to address the package;
   • e-mail - necessary for communication related to the implementation of the order;
   • telephone number - necessary for certain types of delivery
6. Detailed solutions in the field of personal data protection related to placing an order, but also using the store before and after placing an order is included in the privacy policy, which is located at: www.ajmara.pl/en/privacy-policy.html

§7 Final Provisions

1. None of the provisions of these regulations is intended to infringe the Buyer's rights. It can not be interpreted in this way, because in the event of any incompatibility of any part of the regulations with applicable law, the Seller declares absolute compliance with and application of this right in place of the challenged provision of the regulations.
2. About the changes of regulations and their scope registered Buyers will be notified by email (to the address indicated at registration or order). The notification will be sent at least 30 days before the entry into force of the new regulations. Changes will be introduced in order to adapt the regulations to the applicable legal status.
3. The current version of the regulations is always available to the Buyer in the Menu-> Help-> Terms & conditions ( www.ajmara.pl/en/terms-conditions.html ). During the execution of the order and throughout the period of after-sales care of the Buyer, the regulations accepted by him during placing the order apply. Except for the situation when the Consumer considers it to be less favorable than the current one and informs the Seller of the current choice as binding.
4. In matters not covered by these regulations, the applicable applicable legal provisions apply. Disputed issues, if the Consumer expresses such a wish, are solved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or the arbitration process at the Provincial Inspectorate of Trade Inspection. The consumer may also use the equivalent and lawful methods of pre-litigation or out-of-court dispute resolution, eg through the EU ODR online platform or by selecting any authorized entity from among the UOKiK in the register. The seller declares his intention and consents to the out-of-court resolution of the consumer dispute. As a last resort, the matter is settled by the local and substantive court.

Chorzów, 25.05.2018 r.

Download files in pdf version:

• terms & conditions
• withdrawal from the contract