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Terms of Service

Last updated: March 20, 2024

Terms of Service

Terms of Service for theimpl.com, nowoczesny.dev, michalik.tech, edu.michalik.tech

§ 1

Preliminary Provisions

The online store NowoczesnyJunior.pl, available at nowoczesnyjunior.pl, is operated by Jarosław Michalik conducting business activity under the name Jarosław Michalik entered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister competent for economy, NIP 6252464759, REGON 369959840

These Terms of Service are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the online store and the rules and procedure for concluding Sales Agreements with the Customer remotely through the Store.

§ 2

Definitions

Consumer - a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to their business or professional activity.

Seller - a natural person conducting business activity under the name Jarosław Michalik, entered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister competent for economy, NIP 6252464759 REGON 369959840

Customer - any entity making purchases through the Store.

Entrepreneur - a natural person, legal person, and organizational unit without legal personality, which is granted legal capacity by a separate act, conducting business activity on their own behalf, who uses the Store.

Store - an online store operated by the Seller at the internet address sklep.michalik.tech

Distance contract - a contract concluded with the Customer within the organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract.

Terms of Service - these Store terms of service.

Order - a declaration of will of the Customer made using the Order Form and directly aimed at concluding a Sales Agreement for a Product or Products with the Seller.

Account - a customer account in the Store, where data provided by the Customer and information about Orders placed by them in the Store are collected.

Registration form - a form available in the Store, enabling the creation of an Account.

Order form - an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and determining the terms of the Sales Agreement, including the method of delivery and payment.

Cart - an element of the Store software, in which Products selected by the Customer for purchase are visible, and there is also the possibility of determining and modifying Order data, in particular the quantity of products.

Product - a movable thing/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.

Sales Agreement - a sales agreement for a Product concluded or to be concluded between the Customer and the Seller through the online store. By Sales Agreement, it is also understood - depending on the characteristics of the Product - a service agreement and a work agreement.

§ 3

Contact with the Store

Seller's e-mail address: sklep@michalik.tech

§ 4

Technical Requirements

To use the Store, including browsing the Store's assortment and placing orders for Products, the following are necessary:

  • end device with access to the Internet and a web browser,
  • active e-mail account (e-mail),
  • enabled cookies support,

§ 5

General Information

The Seller, to the widest extent permitted by law, is not liable for disruptions, including interruptions in the operation of the Store caused by force majeure, unauthorized actions of third parties, or incompatibility of the online store with the Customer's technical infrastructure.

Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms of Service or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.

Prices given in the Store are given in Polish zlotys and are gross prices (including VAT).

The final (ultimate) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery, and postal service charges), about which the Customer is informed on the Store's pages during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Agreement.

In the case of an Agreement covering a subscription or the provision of services for an indefinite period, the final (ultimate) price is the total price including all payments for the settlement period.

When the nature of the subject of the Agreement does not allow, reasonably assessing, for calculating the amount of the final (ultimate) price in advance, information about the way in which the price will be calculated, as well as about transport, delivery, postal service charges, and other costs, will be provided in the Store in the Product description.

§ 6

Creating an Account in the Store

To create an Account in the Store, you need to fill out the Registration form.

Creating an Account in the Store is free.

Logging into the Account is done by providing the login and password established in the Registration form.

The Customer has the possibility to delete the Account at any time without giving any reason and without incurring any costs from this title by sending a request to the Seller via e-mail to the addresses provided in § 3.

§ 7

Rules for placing an Order

To place an Order, you need to:

  1. log in to the Store (optionally);
  2. select the Product to be the subject of the Order and then click the "Add to cart" button (or equivalent);
  3. log in or use the possibility of placing an Order without registration;
  4. if you selected the possibility of placing an Order without registration - fill out the Order form by entering the Order recipient's data and the address to which the Product delivery should take place, select the delivery method (Product delivery method), enter the data for the invoice if they are different from the Order recipient's data,
  5. click the "I order and pay" button/click the "I order and pay" button and confirm the Order by clicking the link sent in the e-mail,
  6. select one of the available payment methods and, depending on the payment method, pay the Order in the specified period, with the exception of § 8 point 3.

§ 8

Offered Delivery Methods and Payment Methods

For each purchase made by the Customer, a proof of purchase is attached: a receipt or VAT invoice sent electronically. Upon request, the proof of purchase will be sent to the Customer in paper form.

The Customer can make payments for the purchased Products in the following way:

  • by bank transfer through the electronic system tpay.com
  • bank transfer

The payments are handled by the Krajowy Integrator Płatności S.A. in Poznań, at ul. Św. Marcin 73/6, postal code: 61-808, KRS: 0000412357 operating under the Tpay.com brand.

Electronic Product deliveries are performed upon receipt of payment by sending the Product or instructions for using the Product in an e-mail message. The Product delivery takes place immediately upon receipt of payment, within 24 hours from the moment of receipt of payment.

Physical Product delivery takes place in the way chosen by the Customer during the placement of the Order. The delivery cost is given to the Customer upon selecting the Products and upon selecting the payment method.

Physical Product delivery takes place immediately upon receipt of payment, not later than within 10 working days from the moment of receipt of payment. To the time of delivery of Physical Products, the time of delivery execution by the delivery service provider must be added. The delivery time, its cost, and the delivery service provider must be given in the course of placing the Order.

Physical Product delivery takes place exclusively in Poland.

§ 9

Concluding a Sales Agreement

The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the online store in accordance with § 7 of the Terms of Service.

After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending a corresponding e-mail message from the Seller to the Customer's e-mail address provided during the placement of the Order, which contains at least the Seller's declaration of receipt of the Order and its acceptance for execution and confirmation of concluding the Sales Agreement. From the moment the Customer receives the above e-mail message, the Sales Agreement is concluded between the Customer and the Seller.

Delivery of the Product takes place exclusively in Poland.

§ 10

Right of Withdrawal from the Agreement

The Consumer may withdraw from the Sales Agreement without giving any reason within 14 days from the date of delivery of the Product to the Consumer or to the person designated by the Consumer other than the carrier.

The term specified in paragraph 1 of this section begins from the date of delivery of the Product to the Consumer or to the person designated by the Consumer other than the carrier.

In the case of an Agreement covering multiple Products that are delivered separately, part by part, or in parts, the term specified in paragraph 1 of this section begins from the date of delivery of the last Product.

In the case of an Agreement covering regular delivery of Products for a designated period (subscription), the term specified in paragraph 1 of this section begins from the date of taking possession of the first Product.

The Consumer may withdraw from the Agreement by sending a declaration of withdrawal to the Seller. To comply with the term for withdrawing from the Agreement, it is sufficient for the Consumer to send the declaration of withdrawal before the term expires.

The declaration of withdrawal may be sent by post, fax, or electronically by sending the declaration to the Seller's e-mail address or by submitting the declaration on the Seller's website - the Seller's contact details are given in § 3. The declaration may also be submitted on the form, whose model is given in Annex 1 to these Terms of Service and Annex 1 to the Act of May 30, 2014 on Consumer Rights, but this is not mandatory.

In the case of sending the declaration electronically, the Seller immediately sends to the Customer the confirmation of receipt of the declaration of withdrawal from the Agreement on the Customer's e-mail address provided by the Customer.

Consequences of Withdrawing from the Agreement:

  1. In the case of withdrawing from the Agreement concluded remotely, the Agreement is considered not concluded.
  2. In the case of withdrawing from the Agreement, the Seller returns the Customer the amount paid immediately, not later than within 14 days from the date of receiving the Customer's declaration of withdrawal from the Agreement, all payments made by him, including the costs of delivery, except for additional costs resulting from the Customer's choice of delivery method other than the cheapest standard delivery method offered by the Seller.
  3. The Seller may withhold payment until receiving the Product back or until the time of delivering it to the Customer, whichever event occurs first.
  4. The Customer must return the Product to the Seller's address given in these Terms of Service immediately, not later than 14 days from the date on which he informed the Seller about withdrawing from the Agreement. The term will be observed if the Customer sends the Product before the term expires.
  5. The Customer bears the direct costs of returning the Product, as well as the costs of returning the Product if, due to its nature, it cannot be returned in the usual way by post.
  6. The Customer is responsible only for reducing the value of the Product resulting from its use in a way other than was necessary to establish the nature, characteristics, and functioning of the Product.
  7. In the case where, due to the nature of the Product, it cannot be returned in the usual way by post, information about this, as well as about the costs of returning the Product, will be found in the Product description in the Store.

The right to withdraw from the Agreement concluded remotely does not apply to the Agreement:

  1. in which the subject of the provision is a thing not prefabricated, produced according to the Consumer's specifications, or serving to meet the Consumer's individual needs,
  2. in which the subject of the provision is a thing delivered in a sealed package, the opening of which is not allowed due to health protection or hygiene reasons, if the package was opened after delivery,
  3. in which the subject of the provision is a thing subject to rapid deterioration or having a short period of usefulness,
  4. in the case of providing services, if the Seller has performed the service in full upon the explicit consent of the Consumer, who was informed by the start of the provision that after the provision is completed by the Seller, the Consumer will lose the right to withdraw from the Agreement,
  5. in the case of a price or remuneration dependent on market fluctuations, over which the Seller has no control, and which may occur before the term for withdrawing from the Agreement expires,
  6. in the case of things that, after delivery, due to their nature, are permanently connected with other things,
  7. in the case of drinks, the price of which was agreed upon upon concluding the sales agreement, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations, over which the Seller has no control,
  8. in the case of sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,
  9. for providing newspapers, periodicals, or magazines, except for the subscription agreement,
  10. for providing digital content that is not recorded on a material carrier, if the provision began upon the explicit consent of the Consumer before the term for withdrawing from the Agreement expired and after informing him by the Seller about losing the right to withdraw from the Agreement,

§ 11

Complaint and Warranty

The complaint must be sent in writing or electronically to the Seller's addresses given in these Terms of Service.

The complaint must be sent in writing or electronically to the Seller's addresses given in these Terms of Service or using the electronic complaint form provided by the Seller on one of the Store subpages.

It is recommended to include in the complaint, inter alia, a brief description of the defect, circumstances (including date), the data of the Customer placing the complaint, and the Customer's request in connection with the defect of the product.

The Seller responds to the complaint request immediately, not later than within 14 days, and if he does not do so within this period, it is considered that the Customer's request has been considered justified.

§ 12

Extrajudicial Methods for Handling Complaints and Settling Claims

Detailed information about the possibilities of the Consumer to use extrajudicial methods for handling complaints and settling claims and the rules of access to these procedures are available at the offices and websites of district (municipal) consumer rights protection bodies, organizations of social life, to the tasks of which the protection of consumers belongs, Voivodeship Inspectorates of Trade Inspection, and under the following internet addresses of the Office for the Protection of Competition and Consumers: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php oraz http://www.uokik.gov.pl/wazne_adresy.php.

The Consumer has the following possible ways to use extrajudicial methods for handling complaints and settling claims:

  1. The Consumer is entitled to turn to a permanent consumer arbitration body, as provided for in Article 37 of the Act of December 15, 2000 on Trade Inspection (Dz.U. of 2014, item 148 with later amendments), with a request for resolving a dispute arising from the Agreement concluded with the Seller.
  2. The Consumer is entitled to turn to the Voivodeship Inspector of Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000 on Trade Inspection (Dz.U. of 2014, item 148 with later amendments), with a request for initiating mediation proceedings in a dispute between the Consumer and the Seller.
  3. The Consumer may obtain free assistance in resolving a dispute between him and the Seller, also using free assistance from the district (municipal) consumer rights protector or the organization of social life to which the tasks of protecting consumers belong (e.g. Federacja Konsumentów, Stowarzyszenie Konsumentów Polskich).

§ 13

Personal Data in the Online Store

The administrator of personal data collected by the Seller through the online store is the Seller.

Personal data collected by the Seller through the online store are collected for the purpose of concluding the Sales Agreement and, if the Customer has given his consent, also for marketing purposes.

The recipients of personal data of the Customers of the online store may be:

  1. In the case of a Customer using in the online store the delivery method by post or courier, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary responsible for delivering the shipments on behalf of the Administrator.
  2. In the case of a Customer using in the online store the electronic payment method or a payment card, the Administrator provides the collected personal data of the Customer to the selected entity responsible for handling the above payments in the online store.

The Customer has the right to access the content of his data and their correction.

Providing personal data is voluntary, although not providing the personal data specified in the Terms of Service necessary for concluding the Sales Agreement results in the impossibility of concluding that Agreement.

§ 14

Final Provisions

Sales concluded through the online store are concluded in Polish.

The Seller reserves the right to make changes to the Terms of Service for valid reasons, namely: changes in the provisions of law, changes in the methods of payment and delivery - within the scope in which these changes affect the implementation of the provisions of these Terms of Service. The Seller will inform the Customer about any change at least 7 days in advance.

In cases not regulated in these Terms of Service, the provisions of general application law in Poland, in particular: Civil Code; Act on Providing Services by Electronic Means; Act on Consumer Rights; Act on Personal Data Protection.

The Customer has the right to use the extrajudicial methods for handling complaints and settling claims. In this regard, the Customer may file a complaint through the unij platform available at: http://ec.europa.eu/consumers/odr/.