http://www.iskwebshop.com ONLINE SHOP REGULATIONS
The owner, the seller and the shop administrator is:
ISK Webshop by Ace High Poland - Matthew Sullivan,
ul. Klimeckiego 14/7 30-705 Kraków,
NIP 8131788576, REGON 360902382,
KRS: 0000000000,entered into the National Court Register,
The Customer is entitled to negotiate the contractual provisions with the Seller before making an order. Should the Customer give up the right to individual negotiations, the following Regulations and generally binding law shall apply.
I GENERAL PROVISIONS
1. The online Shop is available at http://www.iskwebshop.com and is run by Ace High Poland – detailed information regarding conducted business activity can be found above.
2. The Regulations are formulated in Polish and constitute a typical remote agreement, pursuant to generally applicable provisions of the Polish law.
3. To enter into an Agreement with the Seller, the Buyer may exercise his right to negotiate conditions of the Agreement or enter into an Agreement pursuant to the present Regulations.
4. The content of the Regulations, in case of the Buyer’s separate decision, shall constitute the content of the Agreement between the Parties. The content of the Agreement shall be, pursuant to applicable provisions of law, recorded and made available to the Buyer on a physical data storage device, to ensure the Buyer’s possibility to refer to it if need arises.
5. The Shop sells its products within the borders of the Republic of Poland.
6. The Customer has the right to access the Code of Good Business Practice. The code is available in the August 23, 2007 Act on Counteracting Unfair Commercial Practices. The Act is available under the following address: http://isap.sejm.gov.pl/
7. All products offered in the Shop are free of physical and legal defects and have been introduced onto the Polish market in a legal manner. The products are new or used and in the case of the latter, there is pertinent information in the product description in the Shop.
8. The Seller shall deliver defect-free products to the Buyer.
9. The prices shown on the Shop’s website are in Polish zloty (PLN) and include VAT.
10. The Buyer can make orders in the Shop 24 hours a day, 7 days a week through the following website: http://www.iskwebshop.com.
11. When communicating with the Seller, the Buyer agrees to assume any costs arising from agreements between the Buyer and third parties allowing the Buyer to use certain manners of telecommunication. The Seller does not charge any fees or receive any other benefits for allowing to be contacted.
12. The object of the business activity of the online Shop http://www.iskwebshop.com is retail sale of clothes and other merchandise via the Internet.
13. In matters not regulated herein, pertinent provisions of law of the Republic of Poland shall apply, especially the April 23, 1964 Act - The Civil Code (Dz. U. no. 16, item 93 as amended), 30 May, 2014 Act on Consumer Rights ( Dz. U. 2014 item 827) and August 29, 1997 Act on the Protection of Personal Data (uniform text: Dz. U. from 2002 r. no. 101, item 926 as amended).
14. Any provisions hereof are not meant to exclude or limit any rights of the Buyer who is also a Consumer as defined in the April 1964 Act – The Civil Code (Dz. U. no. 16, item 93 as amended) arising from the mandatory provisions of law. In the event of any discrepancies between the provisions hereof and provisions of the law, the provisions of the law shall take precedence.
15. In the event of a dispute between the Consumer and the Seller, the Consumer is entitled to amicable solution through:
A. turning to the Permanent Arbitration Consumer Court
B. mediation
C. turning to the regional Trading Standards Association inspector
D. obtaining free counsel regarding settlement of the dispute from the Consumer Agency under the following toll-free telephone number: 800 007 707.
II DEFINITIONS
1. REGULATIONS –present Regulations along with any appendices,defining the obligations and rights of both Parties to the Agreement;
2. PARTY –the parties to the Agreement are the Buyer and the Seller; the term Parties refers to both the Buyer and the Seller jointly;
3. REMOTE AGREEMENT – Agreement entered into by the Parties remotely, with no need to be present at the same location at the moment the Agreement is concluded; the Agreement is entered into through Channels of Remote Communication available in the Shop;
4. CHANNELS OF COMMUNICATION – defined manners of making orders remotely;
5. SHOP – online shop available at the following address: http://www.iskwebshop.com SELLER - Ace High Poland - Matthew F. Sullivan, NIP 8131788576, REGON 360902382, KRS: 0000000000 entered into the National Court Register, with mailing address: ul. Klimeckiego 14/7 30-705 Kraków
6. SERVICE PROVIDER - Ace High Poland - Matthew F. Sullivan, NIP 8131788576, REGON 360902382, KRS: 0000000000 entered into the National Court Register, with mailing address: ul. Klimeckiego 14/7 30-705 Kraków.
7. CUSTOMER – natural person, legal person or an organizational unit without legal personality granted legal ability by the law, purchasing products in the online Shop or via telephone or e-mail;
8. CONSUMER–natural person purchasing products in the online Shop or via telephone or e-mail for the purpose not directly related to their business or professional activity;
9. BUYER – Customer and Consumer jointly;
10. SERVICE RECIPIENT – natural person, legal person or an organizational unit without legal personality granted legal ability by the law, purchasing products in the online Shop;
11. ORDER –an offer submitted by the Buyer in the online Shop to enter into a sales agreement;
12. USER – any entity using the online shop;
13. ACCOUNT – User’s individual administration panel available to them upon registration and logging into the online Shop,with a unique login and password, usedto enter into sales agreements;
14. REGISTRATION – process consisting in the User creating an Account in the online Shop;
15. SALES AGREEMENT –sales agreement entered into by the Seller and the Buyer through the online Shop;
16. PRODUCT – any item sold in the online Shop;
17. PAYMENT METHOD – method of payment for the ordered product selected by the Buyer during the process of placing an Order, offered by the Shop or agreed upon through individual arrangements with the Shop when different than the available payment methods presented on the website;
18. DELIVERY METHOD – method of delivery of the ordered product selected by the Buyer during the process of placing an Order, offered by the Shop or agreed upon through individual arrangements with the Shop when different than the available delivery methods presented on the website;
19. DOCUMENT OF SALE – VAT invoice or receipt, depending on the Buyer’s indications;
20. APPENDICES – information regarding the right to withdraw from the Agreement as well as a sample agreement withdrawal form;
21. CODE OF GOOD PRACTICES – a selection of rules of conduct, adapted in the generally applicable law in the form of ethical and professional norms meant to counteract unfair commercial practices, observed by the Seller;
22. INFORMATION – product information next to the photo of the product containing a description of the product and its main characteristics which allows the Buyer to get familiar with the product’s features;
23. CART – form of storing products selected by the Buyer until the products are purchased;
24. LOCATION OF PRODUCT RELEASE– location indicated by the Buyer in the Order to which the ordered products shall be delivered;
25. TIME OF PRODUCT RELEASE–time at which the Buyer or other authorized party takes possession of the ordered product;
26. ADDRESS FOR COMPLAINTS AND WITHDRAWAL FROM THE AGREEMENT – address or addresses indicated by the Seller as addresses to which certain declarations shall be directed, constituting mailing addresses;
27. SUBJECT OF THE AGREEMENT or SUBJECT OF THE BENEFIT – products and services selected by the Buyer, constituting subject of the Agreement or Benefit; the scope of the Agreement also includes the provision of the Delivery of the product by the Seller, should the Buyer choose one of the delivery methods offered by the Seller;
28. SERVICES PROVIDED ELECTRONICALLY–functionality of the ICT and IT system allowing the Service Provider to offer certain technical solutions such as: possibility to set up and administer an Account in the online Shop as well as offering a one-time possibility to place an Order using an Order Form provided in the online Shop with no need to be present at a set location to do so (remotely), through data transfer upon an individual request of the Service Recipient with data being transferred and received through devices for electronic data processing, including digital compression and data storing, received or transmitted through telecommunication network as defined in the July 16, 2004 Act on Telecommunication Law;
29. ORDER FORM – technical system constituting a part of the online Shop, allowing the Buyer to place an Order by filling out boxes in the form, without the necessity of prior Registration in the online Shop.
30. IT SYSTEM – technical structures and software allowing transmission;
31. DEFECT – legal or physical defect of a purchased product;
III REGISTRATION
1. Registration in the online Shop is voluntary and free of charge.
2. To register in the online Shop, the User should fill out a registration form on the Shop’s website, providing their true and accurate data.
3. To successfully complete the Registration process, the User shall provide the following information:
A. E-mail address,
B. First and last name,
C. Address,
D. City,
E. Postal Code,
F. Telephone number.
4. When filling out the Registration form, the User may also indicate a different delivery address.
5. After the User provides all the required data in the Registration form, their User Account will be created.
6. After the account is created, the User will receive an automatically generated message to the e-mail address they provided asking to confirm registration in the shop.
7. In case User data required in the registration process change, the User is requested to update them to make them true and acurate.
8. In case User data required in the registration process change after processing of the order starts, the User is requested to upate the data and inform the Shop about it.
IV ORDERS
1. The Buyer may place orders in the Shop 24 hours a day, 7 days a week:
◦ by e-mail – admin@iskwebshop.com
◦ using a form on the Shop’s website,
◦ by phone under 881-821-087.
2. Orders are processed on work days from Monday to Friday, with the exception of public holidays, within the Shop’s working hours, i.e. 8:00am to 4:00pm.
3. The Shop sells its pr0ducts within the borders of the Republic of Poland.
4. The prices shown on the Shop’s website are in Polish zloty (PLN) and include VAT.
5. The Shop issues a receipt or, upon the Buyer’s request, a VAT invoice for all products sold.
6. The above mentioned documents of sale are sent to the Buyer along with the ordered merchandise.
7. Quantity of products covered by special offers or sales is limited and orders are processed on a first come, first serve basis, taking into account confirmed orders.
8. Product information presented on the Shop’s website does not constitute an offer as defined in the provisions of the Civil Code; it constitutes an invitation to enter into a sales agreement.
9. Placing an order constitutes an offer as defined in the provisions of the Civil Code, submitted to the Seller by the Buyer.
10. The acceptance of the order happens through the Shop sending an e-mail message confirming the order placed by the Customer to the e-mail address provided by the 11. Customer when placing the order. The Shop may also contact the Buyer by phone if the Buyer provided a phone number. A Customer who is not a Consumer as defined by article 221 of the Civil Code shall receive an order confirmation by e-mail and by phone.
11. Registration and creating an account is not a necessary condition to be able to place an order in the online Shop. The Buyer has the possibility to place an order directly through the online Shop without prior registration.
12. To place an order, the Buyer shall add the product they want to purchase to ”Cart”. Adding the product to ”Cart” is not equivalent to placing an order. Products may be added to or removed from the ”Cart”
13. ”Cart” enables the Buyer to manage their ordered products and calculate the value of the order.
14. To finalize an order the Buyer needs to add selected products to ”Cart”.
15. The next step of placing an order is selecting the payment and delivery method, as well as specifying the preferred document of sale (receipt or VAT invoice). After those steps are completed, the Buyer shall choose ”Order and pay” button if they wish to confirm the order.
16. After the order has been properly placed, it is deemed accepted. The orders placed that way are confirmed in an e-mail. The moment the Shop sends a confirmation e-mail is deemed as the moment the parties enter into an agreement.
17. The Buyer can modify their order by e-mail or by phone, or cancel the order in its entirety, provided that the order has not yet been shipped.
18. The ordered merchandise shall be delivered to the address indicated by the Buyer.
19. Every time an order is placed, the Buyer is informed about the delivery date by e-mail or by phone.
20. The day of the performance of the Agreement entered into through the online Shop is the day the Buyer receives the ordered products.
21. The Buyer has the right to place an individual order. An individual order is understood as a custom manufacture of non-prefabricated item, according to the Consumer’s specifications or used to serve the Consumer’s individual needs.
22. To place the type of order mentioned above, the Buyer shall contact the Seller using available channels of communication and specify their needs, such as e.g. size, expectations, fabric. After designing the item, the Seller shall present the Buyer with the design and pricing. When the proposal is accepted, the product will be produced, i.e. sewn for the Buyer.
23. Pursuant to paragraph 14c of section IX Withdrawal from the agreement, the Buyer is not entitled to withdraw from the agreement in the case of merchandise mentioned in 22 and 23. This shall not exclude the Seller’s liability under statutory warranty in the case of defective products.
V PAYMENT METHOD
1. Payment for products purchased by the Customer in the Shop (the price of the products plus shipping and delivery costs) are made according to the rules specified by the Seller.
2. All prices in the Shop are gross prices and include the VAT tax in the amount pursuant to separate provisions of law. Costs of delivery of the product to the Buyer are listed separately during the order placement process.
3. The Buyer has the following payment methods at their disposal:
A. Paypal - All Major credit cards
B. Electronic Bank Transfer. Prepayment shall be made by money transfer to the Seller’s bank account: Account: Ace High Poland 75103000190109850100525795 Swift: CITIPLPX
4. The Buyer purchases the products and selects the delivery method based on prices valid at the time of placing the order.
5. Delivery costs are dependent on the delivery option selected by the Buyer.
VI DELIVERY PERFORMANCE
1. The products shall be delivered to the address indicated by the Buyer in the order.
2. The ordered merchandise shall be delivered using the option selected by the Buyer, i.e. UPS courier or pursuant to indications specified below in paragraph 7.
3. Delivery costs shall be borne by the Buyer. Delivery methods are visible when there is a product in the Cart.
4. If the Seller cannot fulfill an order because the product is unavailable, he shall immediately, at the latest within 30 days after the agreement is entered into, inform the Buyer of this fact and the Buyer will have a choice of what to do with the order they placed.
5. If the Seller is unable to fulfill a custom order due to temporary impossibility to do so, the Seller might, upon the Buyer’s consent, fulfill an equivalent order, with the quality and intented use corresponding to those of the original order, for the same price or remuneration or compensate the Buyer in another agreed upon manner.
6. The Buyer can choose a method of delivery (carrier) different than those listed on the Shop’s website. In such instance, the Buyer agrees to assume the responsibility for the risk of loss or damage of the package the moment it is handed over to the carrier.
7. In the case of a situation specified in paragraph 7, information about the Buyer’s responsibility for the package is provided to them by the Seller in an e-mail to the address provided by the Buyer when placing the order.
It is advisable that, as defined in section 221 of the Civil Code, the Consumer, to the extent it is possible, inspect the condition of the delivered product in the presence of the entity performing the delivery (courier, post office operator etc.) and execute pertinent report. Inspecting the package will facilitate enforcement of any claims against an entity responsible for mechanical damage to the package during transportation. In such cases, the Consumer is encouraged to contact the Seller as quickly as possible by phone (881-821-087) or e-mail: admin@iskwebshop.com.
1. A Buyer who is not a Consumer as defined in section 221 of the Civil Code, is obliged to inspect the condition of the delivered product in the presence of the entity performing the delivery (courier, post office operator etc.). Shall any mechanical damages to the package be detected, the Customer shall execute a shipping damage report and contact the Seller immediately by phone (881-821-087 or by e-mail: admin@iskwebshop.com.
VII COMPLAINTS – STATUTORY WARRANTY
1. In the case of agreements entered into by the Seller and the Consumers as defined in section 221 of the Civil Code, the Seller shall bear the responsibility to the Consumer, as provided for in section 556 and the following sections of the Civil Code, for any physical or legal defects of the products (statutory warranty).
2. The Seller’s statutory warranty responsibility shall be enforced when the physical defect is detected within two years from the moment the Consumer takes possession of the product, and when the product is sold as used, within one year from the moment the Consumer takes possession of the product.
3. The Consumer’s claim to have the defect removed or have the product exchanged for a defect-free item has the prescription period of one year, counting from the day the defect is detected, but no sooner than two years from the moment the Consumer takes possession of the product, and when the product is sold as used, within one year from the moment the Consumer takes possession of the product.
4. If the product’s use-by date specified by the Seller is later than two years from the moment the Consumer takes possession of the product, the Seller shall be responsible for physical defects of the product detected before that time lapses.
5. A physical defect constitutes a non-compliance of the sold item with the Agreement. The item is not compliant with the Agreement when:
A. it lacks features that an object of this kind should have, as specified in the Agreement or resulting from the circumstances or purpose;
B. it lacks features which were promised by the Seller in an offered sample;
C. it cannot be used for the purpose promised by the Seller when entering into the Agreement and
D. it has been provided to the Buyer incomplete.
6. Next to the assurances from the Seller, the same value is placed upon public assurances of the manufacturer or its agent, a person who introduced the product onto the market within the scope of their business activity, ora person who by placing on the sold item their name, trademark or other distinguishing designation identifies themselves as a manufacturer.
7. The Seller shall be excluded from the responsibility specified in section 5c only if:
A. the Seller proves that he did not know the assurances or it is reasonable to believe that he couldn’t have known them;
B. the Seller shows that the assurances could not have contributed to the Consumer’s decision;
C. the content of the assurances was clarified before the Agreement was entered into.
8. The sold item is considered as having a physical defect also when it is installed and launched improperly, provided that those activities were performed by the Seller or a third party for which the Seller bears responsibility, or by the Buyer according to the manual provided by the Seller.
9. In the case of an Agreement with the Consumer, if the physical defect is detected within one year from the moment the Consumer takes possession of the product, it is assumed that it existed at the moment the Consumer assumed the danger. If the defect is detected after more than a year from the moment the product is delivered to the Consumer, the Consumer shall prove that it existed at the time of sale.
10. If the item sold to them has a defect, the Consumer may:
A. file a claim demanding a reduction of price;
B. file a withdrawal from the Agreement;
C. demand that the defective product be exchanged for a defect-free one;
D. demand that the defect be removed.
11. The Consumer may not withdraw from the Agreement if the defect is insignificant.
12. The Consumer exercising their rights under statutory warranty shall, at the expense of the Seller, deliver the defective product to the Complaints Address, and in an event when due to the nature of the product or the manner in which it is installed, delivering it would be especially difficult, the Buyer shall make the product accessible to the Seller in place where the product is located. If the Seller fails to fulfill their duties, the Consumer is entitled to send the product back to the Seller, at the expense and risk of the Seller.
13. The Seller requests that in order to facilitate the complaint process, the Buyer include a description of non-compliance of the product with the Agreement.
14. The Seller shall respond to the Consumer’s claim within 14 (fourteen) days. Otherwise, it is deemed that the Seller accepted the Consumer’s claim or demand as valid.
15. In view of the Consumer’s claim as specified in paragraph 10 a or b, the Seller may exchange the defective product for a defect-free one or remove the defect, provided that it is done promptly and without unnecessary inconveniences for the Consumer.
16. However, when the item has already been exchanged or repaired by the Seller or the Seller has not fulfilled their obligations of exchanging or repairing the item diligently enough, the Seller shall not enjoy the right to exchange the item or remove the defect.
17. Instead of the proposed removal of the defect, the Consumer may demand that the defective product be exchanged for a defect-free one or demand a removal of the defect instead of a product exchange, unless making the product Agreement-compliant in a manner specified by the Consumer is impossible or would require excessive costs as opposed to the option offered by the Seller, whereas while estimating if the costs would be excessive, the following aspects shall be taken into consideration: the value of a defect-free product, type and significance of the detected defect. It shall also be considered how inconvenient it would be for the Consumer to have their claim settled in a different manner.
18. The Seller may deny the Buyer the compensation if making the defective product Agreement-compliant in a manner selected by the Consumer is impossible or, when compared to another possible manner of making the product Agreement-compliant, would require excessive costs.
19. In the event of a price reduction, the reduced price shall have the same proportion to the price specified in the Agreement as the value of the defective product has to the value of the defect-free product.
20. The Seller shall exchange the defective product for a defect-free one or remove the defect within a reasonable period of time and without unnecessary inconveniences for the Consumer.
21. In an event that a defective product has been installed, the Consumer may demand that the Seller uninstall and reinstall the item after exchanging it for a defect-free one or remove the defect. If the Seller fails to fulfill such obligation, the Consumer shall be entitled to perform those activities at the expense and risk of the Seller.
22. The Seller may refuse to uninstall and reinstall the product if the cost of performing such actions exceeds the price of the sold product.
23. In the case specified above, the Consumer may demand that the Seller perform the uninstallation and reinstallation, however the Consumer is then obliged to bear part of the related costs, namely the costs exceeding the price of the sold product or may demand that the Seller pay part of the costs of uninstallation and reinstallation, not exceeding the value of the sold product.
24. In case of Agreements with Customers who are not consumers as defined in section 221 of the Civil Code, pursuant to section 558, par. 1 of the Civil Code, the Seller’s responsibility under statutory warranty shall be excluded.
25. According to terms specified in paragraphs 2, 3 and 4 hereof, the Consumer may make a declaration of withdrawal from the Agreement or request a reduction of price because of the physical defect of the sold product, and when a Consumer demanded that the product be exchanged for a defect-free one or the defect be removed, the period of time within which the declaration of withdrawal from the Agreement or request for a reduction pf price need to be made, shall start when the term provided for the product exchange or defect removal expires ineffectively.
26. In case of defending the statutory warranty claims in court or arbitration court, the term to exercise other claims to which the Consumer is entitled pursuant to the law is suspended until the final termination of the proceedings. The rules also apply in the case of mediation, whereas the term in which the Consumer may exercise their other rights under statutory warranty starts on the day the court refuses to accept the agreement reached before a mediator or the day the mediation is finished ineffectively.
27. The term within which the Consumer may exercise their rights under statutory warranty for defective products starts on the day the Consumer learns about the defect, and when the Consumer learns about the defect as a result of a third party claim, on the day when the judgement or other decision of an organ issued in the dispute with the third party becomes final.
28. If because of the defect of the sold product, the Consumer submitted a declaration of withdrawal from the Agreement or request for a reduction of price, they may also demand the Seller compensate them for the loss incurred because of entering into an Agreement without knowledge of the defect, even if the loss is a result of circumstances for which the Seller is not responsible, and especially the Consumer might demand reimbursement for the costs of entering into the Agreement, the costs of receiving, transporting and insuring the item, in an extent to which they benefited from them, but have not received reimbursement from a third party, as well costs of proceedings.
29. The above is without any prejudice to generally applicable provisions of law requiring a repair of the damage on general terms.
30. In an event of the Seller concealing the defect, the lapse of the time period shall not exclude the Consumer’s right to exercise the claims under statutory warranty.
Address for the complaints is the following: Ace High Poland - ul. Klimeckiego 14/7, 30-705 Kraków
VIII GUARANTEE
1. Products sold through the online Shop are not covered by a manufacturer’s guarantee.
2. The merchandise may be complained about under statutory warranty specified above.
IX WITHDRAWAL FROM THE AGREEMENT – PRODUCT RETURNS
1. Pursuant to section 27 of the Act on Consumer Rights, a Consumer who has entered into a remote agreement has a right to withdraw from it, without citing the reason and without bearing any costs, with the exception of costs specified in sections 33, 34 and 35 of the Act on Consumer Rights,by submitting pertinent written declaration within fourteen days after the delivery of the subject of the agreement to them. To comply with the term, it is enough to send the declaration before the term lapses. The declaration of withdrawal can be sent electronically to: admin@iskwebshop.com or by snail mail to:
2. ISK Webshop: c/o Ace High Poland
ul. Klimeckiego 14/7, 30-705 Kraków
3. The declaration may be submitted using a form constituting an appendix hereto and which has been sent to the Consumer along with the product, available also at the following address: http://www.iskwebshop.com
4. Along with the declaration mentioned in paragraph 1, the Customer is requested to provide information regarding a current number of bank account which should be credited with the repayment.
5. The Seller shall confirm the reception of the declaration of withdrawal promptly. The confirmation shall be sent to the e-mail address provided in the Order or another e-mail address indicated as contact address in the declaration of withdrawal.
6. In the event of withdrawal from the Agreement, the Agreement is deemed as never entered into.
7. The Consumer shall return the product or products promptly, no later than 14 days from the day the Consumer withdrew from the Agreement.
8. The Consumer shall return the purchased item or items covered byf the Agreement from which they withdrew at their own risk and expense. .
9. The Consumer shall bear responsibility for the decrease in value of the product or products covered by the Agreement resulting from using the product in a manner exceeding the normal use of the product in order to establish the purpose, functionality and nature of the product.
10. The Seller shall return to the Consumer any payments they have made, promptly, no later than 14 days from the day the Seller receives the declaration of withdrawal from the Agreement, on the understanding that:
A. the Seller shall return the payment using the same payment method that the Buyer has used, unless the Consumer expressly consents to receiving the money in a different manner which doesn’t incur any additional costs on them;
B. in the event that the Consumer has chosen a delivery method that is different from the cheapest delivery method offered by the Seller, the Seller shall not be obliged to return to the Consumer additional costs incurred by them;
C. The Consumer shall bear responsibility for the decrease in value of the product resulting from using the product in a manner exceeding normal use in order to establish the purpose, functionality and nature of the product, as mentioned in paragraph 8 above;
11. In the event that the Consumer enters into a remote Agreement for services provision of which begins before the term of the withdrawal from the Agreement ends, the Consumer shall be obliged to pay for the benefits obtained until the withdrawal from the Agreement.
12. The payable amount shall be calculated proportionally to the extent of services provided, considering the price or remuneration cited in the Agreement. If the price or remuneration are excessive, the basis for calculation shall be the market value of the provided benefit.
13. The Consumer shall not bear costs of delivery of digital content which has not been recorded on a physical data storage device, if they have not consented to the performance of the benefit before the withdrawal from the Agreement term ends, or if the Consumer has not been notified about waiver of the right to withdraw from the Agreement resulting from such consent, or the trader has not presented confirmation pursuant to section 15, paragraph 1 and section 21, paragraph 1 of the Act on Consumer Rights.
14. The Seller may hold off repayment to the Consumer until the Consumer returns the purchased product or presents confirmation that the product has been shipped back to the Seller, depending on which happens first.
15. Pursuant to section 38 of the Act on Consumer Rights, the Consumer shall not be entitled to withdrawal from the Agreement in the following cases:
A. when the services were provided in their entirety with Consumer’s express consent, and when the Consumer has been advised before the start of the provision of the services that after the services are provided, he shall no longer be entitled to withdrawal from the Agreement;
B. if the price of remuneration depend on fluctuations on the finance market, over which the Seller has no control and which can occur before or after the term of withdrawal from the Agreement ends;
C. when the subject of the benefit is a non-prefabricated item, manufactured according to the Consumer’s specifications to fulfill their individual needs;
D. when the subject of the benefitis an item subject to fast deterioration or with short use-by date;
E. when the subject of the benefit is an item delivered in sealed packaging, which, when opened, cannot be returned due to protection of health or for hygienic reasons, if the packaging has been opened after the delivery;
F. when the subject of the benefit are items which, due to their nature, are inseparably connected with other objects immediately after the delivery;
G. when the subject of the benefit are alcoholic beverages, whose price has been agreed upon on the day the Agreement was entered into, and delivery of which may occur no earlier than within 30 days and whose value depends on fluctuations on the market over which the Seller has no control;
H. when the Consumer expressly demanded that the trader come to an indicated location to perform a full repair or maintenance; if the trader provides services other than the ones demanded by the Seller, or delivers parts other than spare parts necessary to perform a repair or maintenance, the Consumer shall have the right to withdraw from the Agreement in reference to the additional services or items;
I. when the subject of the benefit are voice or visual recordings or computer software delivered in a sealed packaging, when the packaging was opened after the delivery;
J. when the Agreement covers daily newspapers, periodicals or magazines, with the exception of subscription agreements;
K. in the case of an agreement entered into by means of a public auction;
L. in the case of an agreement for accommodation, other than for residential purposes, transportation of goods, car rental, gastronomy, holiday related services, entertainment, sporting or cultural events, if the date or the period of provision of the service has been specified in the Agreement;
M. if the agreement covers provision of digital content which has not been recorded on a physical data storage device, if the provision of the benefit started with the Consumer’s express consent before the term of withdrawal from the Agreement ended and when the Consumer has been properly notified by the trader that it will result in a waiver of the right to withdraw from the Agreement.
X PROVISION OF ELECTRONIC SERVICES
1. The Service Provider provides the following Electronic Services though the online Shop:
A. creating and managing an account in the online Shop,
B. enabling placing an order using a special Form.
2. The provision of Electronic Services by the Service Provider is free of charge.
3. The Electronic Services Agreement covering managing an account in the online Shop is entered into for an indefinite period of time.
4. The Electronic Services Agreement covering the possibility to place an order using a pertinent Form is entered into for a specified period of time and shall be terminated the moment the Service Recipient places or ceases to place an order.
5. Recommended technical requirements for cooperation with the IT system are: computer with Internet access, access to electronic mail, web browser: Internet Explorer 7.0 or higher with JavaScript and cookies enabled, Mozilla Firefox 4.0 or higher with JavaScript and cookies enabled, or Google Chrome 8 or higher. The recommended screen resolution is 1024x768 pixels.
6. The Service Recipient shall use the online Shop in compliance with the law and good practices,taking into consideration respect for personal rights and third party intellectual property rights. The Service Recipient is prohibited from distributing illegal content. The Service Recipient shall not use the Electronic Serives in manner that would illegally disrupt the functionality of the online Shop by using certain software and devices, or place in the online Shop unsolicited commercial and marketing messages.
7. The Service Recipient may submit complaints related to the provision of electronic services through the online Shop by sending an e-mail to the following e-mail address: admin@iskwebshop.com or calling the following telephone number: 881-821-087. The Service Provider shall consider the complaint promptly, no later than 14 days from the day the complaint is submitted.
8. The Service Recipient may terminate the electronic services agreement of a permanent character with immediate effect without indicating the grounds by sending a pertinent declaration by e-mail to admin@iskwebshop.com or by phone under 881-821-087.
9. The Service Provider may terminate the indefinite-term electronic services agreement in the event that the Service Recipient clearly and persistently infringes upon the provisions hereof, especially when the Recipient distributes illegal content, after a one-time ineffective cease notice specifying the term in which the activities shall cease. In such case, the Agreement shall be deemed terminated after 7 days from the day the termination of the Agreement is submitted.
10. By agreement of the Parties, the Service Provider and the Service Recipient may terminate the electronic services agreement at any time.
11. Termination of electronic services Agreement entered into by the Service Provider and the Service Recipient for an indefinite period of time shall not infringe upon any rights or benefits aquired by the Parties during the term of the Agreement.
12. The Service Provider shall send a reply to a Complaint to the e-mail address provided by the Service Recipient or in another manner, agreed upon by the Parties.
XI FINAL PROVISIONS
1. Any amendments hereto may be introduced after the Users have been informed about the extent of the amendments to be made, no later than 14 days before the amendments are to be introduced.
2. Orders placed while the previous version of the Regulations was in force shall be processed in compliance with those provisions. If a User does not consent to the amendments to the Regulations, they are free to delete their Account.
3. Any disputes arising between the Seller and the Customer who is a Consumer as defined in section 221 of the Civil Code, shall be considered by a competent common court pursuant to the provisions of the Code of Civil Procedure.
4. Any disputes arising between the Seller and a Customer who is not a Consumer as defined in section 221 of the Civil Code, shall be considered by a common court competent for the seat of the Shop.
5. Users can contact the Seller in the following manners:
A. telephone: 881-821-087
B. e-mail: admin@iskwebshop.com
C. snail mail: Ace High Poland - ISK Webshop
ul. Klimeckiego 14/7, 30-705 Kraków
6. Customers can access the Regulations by following the link on the main page of the online Shop.
7. The Regulations may be recorded, obtained and retrieved through printing or storing them on an appropriate data storage device.
8. The name of the online Shop, the address at which it is available: http://www.iskwebshop.com and any other materials the Shop contains are copyrighted and protected by the law. Use and distribution thereof without the Shop owner’s permission is prohibited.
9. The Regulations are in force until December 25, 2016.
APPENDICES :
1. Information regarding the right to withdraw from the Agreement (PDF).
2. Sample agreement withdrawal form (PDF).
3. Complaint protocol (PDF).
