Terms of Use of the Online Shop

Transcription

1 Niepołomice, Terms of Use of the Online Shop 1 Preliminary Provisions The VanKing Online Shop available at is run by VanKing Celkar Group Sp. z o.o. with its registered office in Niepołomice (32-005) at ul. Podłęska 25, entered in the National Court Register under number KRS , whose files are kept by the District Court for Kraków- Śródmieście in Kraków, 12th Commercial Division of the National Court Register, Taxpayer s Identification Number (NIP) , share capital: PLN 1,050, Definitions 1. Seller VanKing Celkar Group Sp. z o.o. with its registered office in Niepołomice (32-005) at ul. Podłęska 25, entered in the National Court Register under number KRS , whose files are kept by the District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division of the National Court Register, Taxpayer s Identification Number (NIP) , share capital: PLN 1,050, Customer - a sole trader, a legal person or an organizational unit that is not a legal person but has been granted legal capacity under a separate Act and carries out a business activity in its own name that makes purchases in the Shop. 3. Shop - online shop run by the Seller at 4. Terms of Use - these Terms of Use of the Online Shop. 5. Order - Customer's declaration of will submitted via the Order Form and aiming directly at entering into a Product Sale Agreement with the Seller. 6. Account - Customer s account in the Shop where data provided by the Customer and information about Orders placed thereby in the Shop are collected. 7. Order Form - an interactive form available in the Shop that allows the Customer to place an Order, in particular, by adding Products to the Shopping Basket and defining terms of a Sale Agreement, including a delivery and payment method.

2 8. Shopping Basket - an element of the Shop's software in which Products selected for purchase are visible and where it is also possible to set out and modify Order data, in particular the product quantity. 9. Product - a movable item available at the Shop which is the subject of a Sale Agreement between the Customer and the Seller. 10. Sale Agreement - Product sale agreement concluded between the Customer and the Seller through the Shop. &3 Seller s Contact Details 1. Seller s address: ul. Podłęska 25, Niepołomice 2. Seller s info@vanking.pl 3. Seller s phone number: The Customer may communicate with the Seller using the addresses and phone numbers provided in this Section. 4 Technical Requirements To use the Store, including to view the Shop's assortment and place Product Orders, you need: 1. a terminal device with access to the Internet and a web browser, 2. an active account, 3. enabled cookies. 5 General Information 1. The Seller shall not be liable for any disruptions in operations of the Shop caused by force majeure, unlawful actions of third parties or incompatibility of the Online Shop and the Customer's technical infrastructure. 2. To view the Shop's commercial offer, you are required to create an account.

3 3. The Customer may place orders for Products included in the Shop's commercial offer having created an Account pursuant to the provisions of Section 6 of the Terms of Use. 4. Prices provided in the Shop are given in Polish zlotys (PLN) and are net prices (they do not include VAT). 5. A price given for each commodity at the time when the Customer places an order is binding under the concluded Sale Agreement. 6. The Seller reserves the right to change prices of commodities included in the offer, introduce new products in the Shop's offer, conduct and cancel promotion campaigns on the Shop's page or introduce changes thereto. Price changes do not apply to orders placed before a given change is introduced by the Shop. 7. A final amount to be paid by the Customer consists of a Product price, VAT and a delivery cost (including transport, delivery and postal service fees), of which the Customer is informed on the Shop's page when placing an Order, including at the moment of expressing their will to be bound by the Sale Agreement. 6 Setting up an Account at the Shop 1. To set up an Account at the Shop, the Customer should contact the Shop's sales department. 2. Setting up an Account at the Shop is free of charge. 3. The Customer logs into their Account by entering their username and password. 4. The Customer may remove their Account for convenience at any time, without incurring any fees, by sending a relevant request to the Seller, in particular via or in writing to the addresses provided in Section 3. 7 Offered Delivery and Payments Methods 1. The Customer may use the following methods for delivery or collection of an ordered Product: a. courier shipment, COD courier shipment b. the Product may be picked up in person at the Seller s address or in places designated on the Shop s website.

4 2. The Customer may use the following payment methods: a. by making the payment when picking up the Product in person, b. cash on delivery, c. by transfer to the Shop s account, d. by e-transfer, e. by payment card. 3. Settlements of transactions by payment card or e-transfer are carried out through Dotpay.pl. 4. Due to the instant processing of payments listed in Paragraph 2 Subparagraphs d and e, a commission charged by the Settlement Agent may be added to the purchase price. Information on the commission is visible before the making the payment. 5. Detailed information on delivery methods and acceptable payment methods are available on the Shop s website for logged-in customers. 8 Performance of the Sale Agreement 1) A Sale Agreement between the Customer and the Seller is concluded once the Customer has placed an Order. 2) A payment deadline is individually agreed with the Customer. 3) If the Customer has chosen a delivery method other than picking up the Product in person, the Product will be sent by the Seller within the time limit specified in the Product description in a manner chosen by the Customer when placing the Order. 4) If the Product is picked up in person, the Product will be ready to be picked up by the Customer within the time limit specified in the Product description. 5) In the case of ordering Products with different deadlines of readiness for being picked up, the Customer may pick up the Products after the entire order has been completed. 6) A product delivery to the Customer is payable, unless the Sale Agreement provides otherwise. 7) Picking up the Product in person by the Customer is free of charge.

5 1. A Sale Agreement covers new products. &9 Complaints and Warranty 2. The Seller is obliged to provide the Customer with a product free from defects. 3. The parties exclude liability under the statutory guarantee. 4. If a warranty has been granted for a Product, information about it as well as the content thereof is included in the Product description at the Shop. The Seller also attaches a warranty card to the Product sold. 5. Rules for making complaints are available for logged-in Customers on the Shop's website as well as on request upon contacting the Shop's service. 10 Personal data at the Online Shop In connection with an amendment to the provisions on personal data protection and the fact that on 25 May 2018, the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR ) comes into force, we hereby inform you that: 1. The controller of personal data of Customers of the Shop: is VanKing Celkar Group Sp. z o.o with its registered office in Niepołomice (32-005) at ul. Podłęska 25, entered in the National Court Register under number KRS , whose files are kept by the District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division of the National Court Register, Taxpayer s Identification Number (NIP) , share capital: PLN 1,050, (hereinafter: the Company ). Contact details of the Company: by at rodo@vanking.pl or by mail to the entity s address. 2. The controller does not appoint a Data Protection Officer (DPO). 3. The Company processes personal data for the following purposes: to provide Customer account services at its Shop at - a legal basis is the performance of a contract (Article 6(1)(b) of the GDPR), to sell products offered by the Company at the Shop - a legal basis for the data processing is

6 the performance of a contract (Article 6(1)(b) of the GDPR), for marketing purposes - a legal basis for the data processing is the Company s legitimate interest - marketing of its own products and services (Article 6(1)(f) of the GDPR), to handle complaints and pursue or defend mutual claims - a legal basis for the data processing is the Company s legitimate interest - (Article 6(1)(b) and (f) of the GDPR), to send commercial information by electronic means - only in the case where a consent has been given by the Customer. A legal basis for the data processing is the consent (Article 6(1)(a) of the GDPR. 4. Providing of personal data in connection with a contract / services rendered on its basis is voluntary but necessary for the conclusion and performance of the contract - without provided personal data, it is impossible to conclude the contract / provide the services. 5. Personal data will be processed for a period necessary to perform the contract and after this period, for purposes, for a period and to the extent required by law or to secure possible claims, or until the given consent is withdrawn. 6. Recipients of personal data will be: entities providing and supporting the Company's ICT systems in order to support the website and entities providing services relating to the ongoing operations of the Company, entities providing product delivery services, - under relevant agreements for personal data processing, Dotpay.pl - an entity providing online payment services, under a relevant agreement for data processing, 7. The data will not be transferred to recipients located in countries outside the European Economic Area (EEA). 8. To the extent resulting from laws and regulations: a. Each person has the right of access to and rectification, erasure or restriction of processing of their personal data. If the basis for the processing of your personal data is a legitimate interest of the Controller, you can object to the processing. b. In particular, you have the right to object to the processing for direct marketing purposes, including profiling, and for analytical purposes.

7 c. To the extent where the basis for the processing of your personal data is your consent, you have the right to withdraw the consent. Such withdrawal of your consent does not affect the lawfulness of the processing carried out on the basis of the consent before its withdrawal. d. To the extent where your data are processed in order to conclude and perform a contract / provide services or where they are processed on the basis of consent - you also have the right to data portability. In this case, you will receive your personal data from us in a structured, commonly used and machine-readable format. You can send those data to another data controller. 9. Anyone whose personal data are processed by the Controller also has the right to lodge a complaint with the President of the Office for Personal Data Protection. 10. Providing of personal data for marketing purposes is voluntary. In the case of any doubts relating to the processing of personal data, each person may ask the Company for information. Notwithstanding the foregoing, everyone has the right to lodge a complaint with the supervisory authority - the President of the Office for Personal Data Protection. 11. The data provided to the Controller will be processed automatically; however, they will not be subject to profiling. 11 Final Provisions 1. The Seller reserves the right to introduce amendments to these Terms of Use for important reasons, i.e. changes in laws and regulations, changes in payment and delivery methods. 2. To matters not governed by these Terms of Use, generally applicable provisions of Polish law apply, in particular: the Civil Code, the Act on Provision of Services by Electronic Means and the Act on Protection of Personal Data.