REGULATIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS
- The Regulations are these Regulations for the provision of Services by electronic means in the area of the Creadest.pl Internet domain, which sets out the conditions for the provision of Services by the Seller via the website https.creadest.pl to customers.
- The Customer is an entity that concludes a Service Agreement with the Seller, provided that it has full legal capacity or limited legal capacity in cases governed by applicable law or being a legal person or an organizational unit.
- A consumer is a customer who is a natural person and concludes a contract not related directly to his business or professional activity.
- The Seller is Creadest Sp. Zoo. with its registered office in Gniezno at ul. Spichrzowa 10 (KRS 0000222552, NIP 7842283769, Regon 634632054) being the service provider, administrator and owner of the Store.
- The Store is an online store run by the Seller in Polish via a website available on the Internet at www.creadest.com.pl The store provides services to Customers, including Sales.
- The service is a service provided by the Seller to the Customer, pursuant to an Agreement concluded between the parties via the Store, as part of an organized system concluding distance contracts, without physical connection presence of parties.
- The basket is a Store functionality that allows completing Customer orders. The Product is added to the list of Products covered by the order by using the “Add to Cart” button located next to the Product in the area of the Store’s website.
- Sales is the Service of Selling Products provided by the Seller to the Customer without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the Customer, sent and received by means of electronic processing devices, including digital compression, and data storage, which is entirely broadcast, received or transmitted via a telecommunications network.
- The contract is an agreement for the Service to be provided by the Seller to the Customer.
- The Seller’s Contact Data is the data of the Seller using which the Customer can contact him, ie Creadest Spichrzowa 10, 62-200 Gniezno, email: firstname.lastname@example.org. Customer Contact Data is customer data with which the Seller can contact the Customer, including address, e-mail address and telephone number.
- he Customer Account is a panel managing Customer orders, available in the Store, subject to Registration and logging in
- Registration is the creation of a Customer Account by the Customer, using the Store’s registration form on his website.
- A product is an item presented in the Store area by the Seller for the purpose of Sale.
- Delivery is the delivery of Products to the Customer to the destination indicated by him, through the Carrier.
- The Carrier is an entity performing the activities of Delivering Products in cooperation with the Seller.
- External Payment System – is an online payment system used by the Seller.
- Business Days are days from Monday to Friday, excluding public holidays.
§1 General contractual conditions
- Seller based on art. 8 clause 1 point 1 of the Act of July 18, 2002 on the provision of electronic services and the Act of May 30, 2014 on consumer rights is set out in the Regulations, which it makes available at the Store’s url, reading: www.Creadest.
- The Seller provides Services in accordance with the Regulations and the provisions of generally applicable law.
- The Seller provides these Regulations on the Store’s website.
- Customers can at any time: access the Regulations, save them, obtain and reproduce by printing or saving on a data carrier.
- The information provided on the Store’s website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a Contract.
- All Services are provided via the Store’s website 24 hours a day, 7 days a week.
- In order to use the Store, it is necessary for the Customer to have an ICT device with access to the Internet, a properly configured web browser in the current or previous version: Microsoft Edge, Mozilla Firefox, Google Chrome, Safari or Opera, as well as an active and correctly configured account email.
- The Store is used by familiarizing itself with its contents.
- The Customer Account is created by voluntary Registration, consisting in completing and sending the Seller a registration form, which is made available in the Store’s website.
- Filling out the registration form involves completing all mandatory and optional optional fields on the form, using true, complete and customer-specific data, in particular Customer Contact Details.
- Before sending the registration form, by ticking its appropriate box the Customer should declare that he has read the Regulations and accepts its provisions.
- Before sending the registration form, by checking the appropriate box on the registration form, the Customer may voluntarily declare that he consents to the processing of his personal data provided in the registration form for marketing purposes by the Seller.
- The statement referred to in the above item includes the confirmation by the Customer that he has been informed of the content of this provision: the marketing objectives indicated may include in particular the sending of commercial information by the Seller using the Customer Contact Data. The consent referred to in the above point may be withdrawn at any time, and the Customer has the right to access their personal data and correct them.
- Sending the registration form consists in sending it to the Seller via the Store, using the appropriate functionality located in the area of the registration form.
§3 Provision of free Services
- The Seller provides the following free Services to Customers:
- providing a contact form,
- providing the order form,
- providing a search engine,
- entering product reviews,
- publish a comment to a blog post,
- keeping a Customer Account.
- The contract for the provision of the Service for providing the contact form is concluded for a fixed period of time at the start of using the contact form and is terminated when the Customer uses it or discontinues this activity. The subject of this Agreement is to provide the contact form located on the Store’s website in order to send a message to the Seller.
- The contract for the provision of the Service to provide the order form is concluded for a fixed period of time at the start of using the order form and is terminated when the order is placed or the Customer declines to place it. The subject of this Agreement is to provide the order form located on the Store’s website in order to send the order to the Seller.
- The contract for the provision of the Search Engine Sharing Service is concluded for a definite period of time at the start of using the search engine and is terminated when the Customer uses it or discontinues this activity. The scope of this Agreement includes providing a search engine located on the Store’s website to search for Products or blog entries using keywords. In addition, the customer has the ability to search for Products assigned to the indicated category by clicking on it name and searches within the blog entries of the indicated author. Search results for Products belonging to a given category can be additionally sorted according to the available criteria using the appropriate functionality (“Sort by …”).
- The contract for the provision of the Service for the introduction of Product opinions is concluded for a definite period of time at the start of using the Product feedback form and is terminated when the Customer uses it or discontinues this activity. The subject of this Agreement is to provide the Product feedback form for entering.
- The agreement for the provision of the Service of publishing a comment on the entry is concluded for a definite period of time at the start of using the comment publication form and is terminated when the Customer uses it or discontinues this activity. The subject of this Agreement is to provide a form for publishing a comment on a blog entry for its introduction. Under the Agreement, the Customer has the following options to add a comment:
- using the “Comments” tab, allowing you to add a comment using the Customer Account,
- using the “Comments via Facebook” tab, which allows you to add a comment via your Facebook account.
- The agreements referred to in points 5 and 6 prohibit the Customer from posting unlawful content, violating decency, violating the interests of the Seller or the provisions of the Regulations, and takes into account the Seller’s right to moderate the reviews, if they violate the provisions of the Regulations.
- The Agreement for the provision of the Newsletter Service is concluded for an indefinite period of time when the Customer receives by email the confirmation of the conclusion of the Agreement for the Newsletter Service by the Seller. Service Order takes place by the Customer using the appropriate Newsletter activation field in the registration form or in another form made available by the Seller on the Store’s website. The subject of this Agreement is the provision of the Seller to the Customer, consisting of sending to the e-mail address messages containing information about the Products or Services provided by the Seller. This Agreement is terminated when the Customer unsubscribes from the subscription using the deactivating link in the email received.
- The contract for the provision of the Customer Account service is concluded for an indefinite period at the time of Customer Account Registration. The subject of this Agreement is to provide access to the Customer order management panel.
- The contract for the provision of free Service may be terminated by the Customer or the Seller without giving a reason and at any time, using the functionalities included in the Regulations or by e-mail sent to the e-mail address included in the Seller’s Contact Data or Customer Contact Data.
- Orders for Products can be placed via the Store’s website 7 days a week and 24 hours a day, using the Basket function. After completing the list of Product orders, in the Basket area, the Customer proceeds to the order.
- If the Customer is a logged in customer of the Customer Account, he goes to the next stage of placing the order as a logged customer.
- If the Customer is not a logged in Customer Account holder, he chooses the method of placing the order by:
- Using the “Click here to log in” link using your existing Customer Account. Then the customer goes to the next stage of placing the order.
- Start filling out the order form. Then the Customer proceeds to the next stage of placing the order without using the Customer Account. When filling out the order form, the Customer has the option of registering a Customer Account by checking the “Create account?” Box.
- After placing the order, the Customer provides:
- billing information to issue an invoice,
- delivery information, including the Delivery address,
- method of Delivering Products by choosing the right one Delivery option
- payment method, by selecting the appropriate payment option.
- Placing an order precedes the receipt by the Customer by displaying in the Basket area information about the total price for the order, including taxes and related costs, in particular the costs of Delivery and payment.
- Placing an order can be done by using the “Buy and pay” field in the Basket and is tantamount to submitting to the Seller by the Customer an offer to conclude a Sale Agreement for Products included in the order.
- Before sending the order form, by ticking its appropriate box the Customer should declare that he has read the Regulations and accepts its provisions.
- The order may be changed by the Customer until the Seller receives information about posting the shipment.
- Changing the order may include its cancellation, partial cancellation, extension to additional Products, change of Delivery address.
- The Seller shall immediately inform the Customer of the impossibility of completing the order in the event of circumstances causing it. This information is provided by phone or electronically using the Customer Contact Data. The information may contain the following ways to modify the order:
- cancellation in the part that cannot be completed, which results in the conversion of the order value,
- dividing the Products subject to Delivery into a part whose Delivery is possible and a part which will be Delivered at a later date, which will not result in the conversion of the value of the order,
- canceling the order in full, which results in the redemption of the value of the order.
- Confirmation of the order is accepted by the Seller sending an e-mail to the electronic address provided in the Customer’s Contact Details. Confirmation of the order is tantamount to acceptance by the Seller of the offer to conclude a Sales Agreement submitted by the Customer.
- The Seller provides Customers with the Service of Selling Products at a distance, via the Store.
- The subject of the Sale Agreement includes the Seller’s obligation to transfer the ownership of the Products to the Customer and to issue them, and the Customer’s obligation to collect the Products and pay the price of the Products to the Seller.
- The Seller reserves the right to run promotional campaigns, consisting in reducing the price of the Product to a specified date or while the stock of Products subject to promotion is exhausted.
- By concluding the Sales Agreement, the Seller undertakes to Provide Customer with Products without defects.
- The Sales Agreement is concluded upon confirmation of acceptance of the Customer’s order by the Seller.
- The Products are released immediately and usually within 3 Business Days.
- In the case of orders for more than 5 items, the time of issue may be longer. In this case, the Seller informs the Customer about the date of Product Release by sending an e-mail to the Customer’s e-mail address.
- The time of delivery of the Products may change in if the customer changes the order
- Products are released:
- if the Customer chooses the Delivery option, through the Carrier, to the address provided by the Customer,
- in the case of personal collection of Products by the Customer, at the collection point at ul. Spichrzowa 10 in Gniezno, on Business Days from 9: 00-17: 00, after prior confirmation of the planned collection time by the Seller.
- The Products shall be released not earlier than after the Customer has paid.
- The Seller confirms the release of the Products to the Carrier for Delivery to the address provided by the Customer when placing the order, by sending an e-mail to the Customer’s e-mail address.
- The risk of accidental loss or damage to things passes to the Consumer upon its delivery to the Consumer.
- The delivered package should be examined by the Customer in the presence of the Carrier. In the event of damage to the shipment, the Customer has the right to request that a proper report be drawn up.
- The value of the payment for the Sale is determined on the basis of the Price list of the Products, located on the Seller’s website at the time of ordering the Product. The prices given on the Store’s website at a given Product are gross prices given in Polish zlotys and include VAT, while they do not include the costs of Product Delivery and the selected form of payment.
- Transaction costs and Product Delivery shall be borne by the Customer.
- The total price of the order, visible in the Basket area before placing the order, and after choosing the method of Product Delivery and payment, includes the price for the Products ordered, including tax receivables and all related costs, in particular the costs of Delivery and transaction. The total price of the order is binding for the Seller and the Customer.
- The Store allows the following payment methods for the Sale Services provided:
- in cash on personal pickup at the Seller’s registered office at ul. Spichrzowa 10 in Gniezno,
- by transfer to the Store’s bank account,
- by transfer using the External Payment System tpay.com
- Payment due date falls on the moment of issue Product.
- The invoice or VAT invoice for the Sales Service remains attached to the PRoducts subject to release or sent by e-mail to e-mail address of the customer, depending on the will of the customer.
- The customer agrees to receive invoices in electronic form.
- The reimbursement of payments by the Seller takes place immediately, no later than within 14 days from the date of the cause, in the case of:
- withdrawal from the Agreement by the Consumer,
- the customer’s resignation from the order or part orders paid before implementation,
- the Seller recognizing the claim covered a complaint in whole or in part, based on generally applicable regulations.
- The payment is retuned using the same payment method that was used by the customer in the original transaction, unless he agrees to another solution that I do not bind for him at no cost
- The Seller is not obliged to refund the additional costs of Product Delivery incurred by the Customer, if the Customer has chosen a method of Product Delivery other than the cheapest usual method of Delivery offered by the Seller.
§7 Complaints and guarantees
- Complaints may be submitted by letter or e-mail to the postal or electronic address indicated in the Seller’s Contact Details.
- Complaints may be submitted using the form, a template of which is attached to the Regulations, available for download here.
- The complaint should include a description of the problem and
customer identification data.
- The seller recognizes complaints within 14 days from the date
application. In the content of the complaint, it is recommended to provide Customer Contact Data, which will be used to answer the complaint and conduct correspondence related to it.
- If the complaint concerns the Product, in order for the Seller to consider the complaint, the Customer should deliver or send the complained Product to the address of the Seller.
- Complaints may be submitted under the warranty for defects in the Products covered by the Sales Agreement and other Services.
- If the Product has a defect, the Customer may request replacement of the Product with a non-defective one or removal of the defect. The seller is obliged to replace the defective product for one free of defects or remove the defect within a reasonable time without undue inconvenience to the customer.
- The Seller may refuse to satisfy the Customer’s request if bringing the defective Product into compliance with the Contract in the manner chosen by the Customer is impossible or would require excessive costs in comparison with the second possible method of compliance with the Contract.
- If the Customer is not a Consumer, the Seller may refuse to replace the Product with a product free from defects or to remove the defect
when the cost of satisfying this obligation
exceed the price of the Product sold.
- If the Product has a defect, the Customer may make a statement about price reduction or withdraw from the Agreement, unless the Seller immediately and with undue inconvenience to the Customer replaces the Defective Product with a non-defective Product with non-defective Product or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Product with product free from defects or to remove the defect. The customer may not withdraw from the Agreement if the defect is insignificant.
- The consumer may instead of the removal of the defect proposed by the Seller request the replacement of the Product for one free of defects or instead of the replacement of the Product request the removal of the defect, unless bringing the Product to compliance with the Agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would otherwise be exposed.
- The reduced price referred to in points 10 and 11 above should remain in such proportion to the price resulting from the Contract in which the value of the Product with a defect remains to the value of the Product without a defect.
- The consumer has the option of using the following out-of-court complaint and redress methods:
- submitting an application for settlement of a dispute arising from the concluded Sales Agreement to a permanent amicable consumer court operating at the Trade Inspection,
- submitting a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller to the Provincial Inspector of Trade Inspection,
- using the assistance of a poviat or municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection,
- submitting a complaint via the EU ODR online platform, available at http: // ec.europa.eu/consumers/odr/.
- Products may be covered by the manufacturer’s or distributor’s warranty. In this case, the Customer is entitled to advertise the Product using the rights under the warranty by making a complaint to the guarantor. Filing a complaint to the guarantor can be made through the Seller or directly to the guarantor.
- The customer may exercise the rights under the warranty for physical defects of things regardless of the rights under the warranty.
§8 Odstąpienie od Umowy
- The Consumer may withdraw from the Agreement within 14 days without giving a reason, including the Sales Agreement, subject to the standards indicated in the content of the notice of withdrawal from the Agreement, constituting an attachment to the Regulations, placed in the Store’s website and available for download here.
- The right to withdraw from the Agreement is not entitled to the Consumer, among others in relation to the Sales Agreement:
- if the Seller has performed the service in full with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller he will lose the right to withdraw from the Contract,
- The Product Delivered in a sealed package that cannot be returned after opening due to health protection or hygiene reasons if the package was opened after Delivery.
- The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. The statement can be made on the form, an example of which is attached to the Regulations, placed in the area of the Store’s website and available for download here.
- In the event of receiving electronically a declaration of withdrawal by the Consumer from the Agreement, the Seller shall immediately send the Customer confirmation of its receipt.
- Immediately, but no later than within 14 days from the day on which the Consumer withdrew from the Contract, he is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller. To meet the deadline, it is sufficient to return the Product before its expiry. This provision does not apply if the Seller has offered to collect the Product.
- The Seller undertakes to collect the Product at its own expense, because due to its nature, the Product cannot be returned by regular mail, and at the same time the Product was delivered to the Consumer to the place where he resided at the time of conclusion of the Sales Agreement.
- The consumer is responsible for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
- In the event of withdrawal from the Agreement, it shall be considered void. If the Consumer submitted a statement of withdrawal from the Agreement before the Seller accepted his offer, the offer ceases to be binding.
- Information on exercising the right to withdraw from the Agreement can be found in the notice of withdrawal from the Agreement, constituting an attachment to the Regulations, placed in the area of the Store’s website and available for download here.
§9 Supplementary provisions
- All trademarks, graphic elements and photos placed on the Store’s website for the purpose of presenting Products are subject to the copyright of their owners.
- The online domain of the Store, its logos, name and Regulations are the property of copyright and the subject of legal protection.
- The Customer acknowledges that it is prohibited for the Customer to provide unlawful content.
- The Seller undertakes to make reasonable efforts to enable the Store to function properly and to assist in solving technical problems related to its operation.
- The Seller undertakes to carry out activities aimed at protecting data in the Customer’s Account against unauthorized access and use.
- The Seller shall not be liable for:
- breaks in the proper functioning of the Store and improper performance of services, due to force majeure, in relation to non-customers Consumers,
- benefits lost by the customer who is not a Consumer,
- damages caused by the Customer’s violation of the Regulations.
§10 Final provisions
- The Seller may collect information to be stored locally on the Customer’s device, using the browser’s memory mechanism using “cookies”.
- Personal data of Store Users are processed on the basis of the consent of the persons they concern or when it is necessary
for the implementation of the Agreement, if the data subject is a party to it or when it is necessary to take action before the conclusion of the Agreement at the request of the data subject.
- Personal data is collected in order to provide Services by the Store. Persons whose data has been collected by the Store have the right to access their data, correct them and submit a reasoned request to stop processing them, as well as to object to this.
- By concluding the Contract for the provision of the Service, the Customer voluntarily authorizes the Seller to direct to the Customer’s Contact Information information related to the Agreements and their performance, as well as commercial information in the event of separate consent being given.
- The Customer who is not a Consumer is obliged to inform the Seller about changes in the Customer’s Contact Details, under pain of their effective use in delivery.
- Amendments to the Regulations may occur due to a change in the law regarding the services provided by the Seller, as well as technical or organizational changes regarding the services provided by the Seller.
- The Regulations are amended by publishing its new content on the Store’s website, upon prior notification of this fact. Information about the amendment of the Regulations is placed in the area of the Store’s website no later than 10 days before the date of its commencement and is sent to the Customer Contact Information if the parties are bound by a continuous Agreement.
- The amendment to the Regulations does not apply to Sales Agreements concluded before the date of its amendment.
- The provisions of the Regulations are not intended to exclude or limit the rights of the Customer who is a Consumer under the provisions of generally applicable Polish law.
- In the event of non-compliance of the provisions of the Regulations with the provisions of generally applicable Polish law, these provisions shall apply.
- In matters not covered by the Regulations, the provisions of Polish generally applicable law shall apply.
- The Regulations shall enter into force within 10 days of its date
publish on the Store’s website.