TERMS AND CONDITIONS USING DISTANCE COMMUNICATION AND SUPPLY OF SERVICES VIA ELECTRONIC MEANS

These terms and conditions set out the rules for making purchases in the online store run by the Seller at www.sulima.pl The Seller is a Limited Liability Company registered at 01-049 Warsaw, ul. Esperanto 14A/26, NIP 527 23 11 716, KRS 0000098842

The Service Provider can be contacted:

24 355 87 50

e-mail address: sklep@sulima.pl

by mail to the address: 87-840 Lubien Kujawski, Kaliska 143

 

§1. Definitions

(1) Regulations – about services provided electronically, the Regulations are the document referred to in Art. 8 of the Law of July 18, 2002 on the supply of services electronically (Journal of Laws of 2002, No. 144, item 1204, as amended).

(2) Customer (Buyer) – a natural person who is at least over 13 whereby if the person is under 18 the consent of their statutory representative is required, as well as a legal person and an organizational unit that is not a legal person, to which special regulations grant legal capacity, and which makes or intends to make an Order or Reservation or uses other services of the Online Store (including Consumer).

(3) Consumer – a natural person making a legal transaction with the contractor that is not directly related to their economic or professional activity.

(4) Object of a transaction – Goods listed and described on the website of the Online Store. The Seller makes every effort to ensure that the offer presented on the site is up-to-date. However, if some of the Ordered or Reserved Goods are not in stock, the Seller undertakes to immediately inform the Buyer of the situation by phone or e-mail.

(5) Product – a movable thing to which the Sales Contract applies.

(6) Sales Contract – an agreement for the sale of Products within the meaning of the Civil Code Act, concluded between the Seller and the Buyer through the Online Store. If the Buyer is a Consumer, the sales contract is a distance contract within the meaning of the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827).

(7) Online Store (Store, Internet Store) – the Internet service available at www.sulima.pl, through which the Customer may purchase Products.

(8) Party – Seller and Customer.

(9) Store Site – any site or subsite of the World Wide Web at www.sulima.pl.

(10) Order – a declaration of the Customer’s intent specifying unambiguously the type and quantity of Products, aiming directly to enter a Distance Sales Contract via the Online Store.

(11) In-store pickup – an Order as defined above, with a specified pickup point at one of the points indicated on the Store’s Website.

 

§ 2. General rules

(1) The condition for placing an Order in the Online Store by the Buyer is to read the Terms and Conditions and accept their provisions before concluding a sales contract or services contract via email.

(2) The Seller has the right to withdraw the order due to lack of availability of goods. In such a situation, the Seller shall immediately notify the Buyer. In case of prepayment, the Seller undertakes to refund the amount paid.

(3) Prices of Products are given in Polish zloty and are presented both as gross and net prices. Final prices are always gross prices, i.e. they include VAT specific to the goods.

§ 3. Services supplied electronically

(1) Services supplied electronically under these Terms and Conditions consist of enabling purchases in the online store: sklep.sulima.pl both with and without the use of a Customer Account.

2. The Buyer may use the option of remembering his data by the system to facilitate the process of placing another Order by registering and creating a Customer Account.

(3) Customer Account is a tool available in the system of the Online Store after entering an e-mail address and password, allowing, among other things: tracking on the Seller’s website the stages of the order, viewing order history, editing the Buyer’s data and changing the password, changing and correcting personal data, etc.

(4) Creating a Customer Account requires registration. Registration is free and voluntary. After registration, an individual Customer Account is created for the Buyer. The Customer should provide a first name, surname, login, and password. Login is a unique string of alphanumeric characters (e-mail address), necessary to access the Customer’s Account, set by the Customer himself. The password is a string of alphanumeric characters set by the Customer. The Customer’s password is not known to the Seller and the Customer is obliged to keep it secret and protect it from unauthorized access by third parties.

(5) After completing the registration form, a message confirming registration shall be sent to the e-mail address given.

(6) The Buyer may terminate the electronic service contract at any time by deleting the account or contacting the Seller.

(7) The Service Provider may terminate the electronic services contract with 7 days’ notice if:

the purpose of registration or the use of services is contrary to the rules and purpose of the Store,

The buyer’s activity is contrary to the applicable moral norms, incites violence or committing a crime, and violates the rights of third parties,

has received official notification of the unlawful nature of the data provided or related activities,

has obtained credible message of the unlawful nature of the data provided or related activity and has previously notified the Buyer of their intention to block access to the Customer Account,

Buyer commits to sending unsolicited commercial information,

Buyer blatantly or persistently violates terms and conditions.

(8) The declaration of termination of the electronic services contract shall be sent to the e-mail address provided in the Client’s Account. Termination of electronic services contract results in the permanent deletion of the Customer Account.

(9) Termination by mutual consent of the parties to the electronic services contract shall not affect the execution of already concluded sales contracts unless the parties agree otherwise.

 

§ 4. Placing an Order

(1) Placing an Order by the Customer is connected with their obligation to pay. The Buyer can place orders via the Online Store Website: www.sklep.sulima.pl 24 hours a day, 7 days a week, or by phone during working hours.

(2) In the case of a phone order, the Buyer is obliged to provide the consultant taking the order with the data necessary for the execution of the order.

(3) The scope of data necessary in such a case includes at least an indication of the selected goods, their quantity, as well as the Buyer’s data, namely: name, company, contact details, delivery address, and telephone number. The scope of the necessary data may vary depending on the method of order processing chosen by the Buyer.

(4) If the Buyer provides an e-mail address, the Buyer will receive messages generated by the Online Store regarding the processing of the order. If the Buyer does not provide an e-mail address, the order will be processed according to the data provided, and the Buyer has the opportunity to verify the status of the order by telephone contact.

(5) The content of the websites of the Online Store does not constitute a commercial offer within the meaning of Art. 543 of the Civil Code, it should be regarded as an invitation to conclude a contract.

(6) Contact by phone regarding placed Orders is possible only during working hours given on the website of the Online Store.

(7) The Seller shall issue a named proof of purchase (invoice) for the ordered goods. The Buyer is obliged to provide factually correct data necessary for the issuance of a purchase document during the Ordering process.

(8) As a condition for the execution of the Order by the Seller, it is necessary to correctly fill out the form on the website. The Seller shall do his best to obtain them from the Buyer using the contact information provided. If contact with the Buyer is not possible, the Seller has the right to withdraw the Order.

(9) The Buyer agrees to issue and send electronically, to the e-mail address indicated by them, an electronic image of billing documents, in particular, such as VAT invoices with attachments, and corrective VAT invoices with attachments and forms. This consent also authorizes the Seller to issue and send VAT invoices in electronic form, according to the Decree of the Minister of Finance of December 20, 2012. on sending invoices in electronic form, the rules for storing them, and the procedure for making them available to the tax authority or tax inspection authority.

(10) Once the Order is placed, the Seller generates an e-mail (sent to the e-mail address provided in the Order), which will contain confirmation of acceptance of the Order and further instructions on how to proceed, varying depending on the method of receipt and payment for the ordered Products selected by the Customer.

(11) The Sales contract is concluded for Orders placed always with the obligation to pay: through the Store Site at the time of receipt by the Buyer of an e-mail message containing information about acceptance of the Order for execution.

(12) The Order validity date in case of choosing any method of payment before shipment of the Goods is 7 days from the date of its placement. If the Buyer fails to pay the full price for the Products resulting from the Order to the designated account number within the aforementioned period, the Order may be canceled by the Seller, and the Buyer may not demand its execution from the Seller (except for an order executed under the payment on delivery option).

§ 5. Forms of payment

(1) Once an Order is placed, the availability of payment methods depends on its contents and the method of delivery of products selected by the Customer. The forms of payment available for a given order are visible to the Customer on the Online Store website during the order placement process.

(2) Prepayment to the Seller’s account – ordinary bank transfer. The Buyer pays for the Order to the account provided by the Seller. Receipt by the Seller of the full price for the Order is a prerequisite for the execution of the order. For the speed of executing the Order, it is important to provide the name and order number in the title of the payment.

(3) Payment upon receipt of the Products – cash on delivery. The Buyer has the option to pay for the order at the time of delivery by the courier company. An employee of the courier company charges the Buyer a fee equal to the value of the purchased goods, transportation costs, and collection. These fees are added at the time the Buyer places the Order and are visible in the corresponding form field of the order in the Online Store. Cash-on-delivery is possible only for users logged into the previously created Customer Accounts.

(4) Transfer24 payment, and payment by card. The operator of the payment cards is PayPro SA Clearing Agent, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the KRS number 0000347935, NIP 7792369887, Regon 301345068.

§ 6. Delivery and transportation

(1) The address of delivery shall be located in the Republic of Poland.

(2) Shipping time depends on the selected payment method.

(3) The assumed execution time ( time to prepare the order for shipment + delivery time of the transport company ) is 1-3 working days, this is the expected time and not guaranteed, and in individual cases may be extended.

(4) In the case of online buying, the cost of delivery is calculated automatically. Each time it is calculated according to a specific price list. A fee of PLN 17.99 is charged for each order paid by bank transfer. In the case of cash on delivery, the fee is 21 PLN. Transportation costs are charged to the whole transaction not to each package.

(5) For orders over 250 PLN gross, the cost of delivery is covered by the Seller.

(6) Delivery of Orders is carried out by a specialized courier company providing transportation services on behalf of the Seller, as well as by the Seller’s means.

(7) If the collection of goods is not possible for reasons attributable to the Customer, in particular, but not exclusively due to the absence at the place of collection of the person authorized to receive the order, or not having the appropriate amount necessary to pay the full price for the order, the courier will leave information about the place and time at which the Order can be collected.

(8) In case of unsuccessful delivery attempt, the Order will be returned to the Seller’s warehouse. Re-delivery of goods will be possible after payment of the costs resulting from the return of goods (costs equal to the cost of delivery).

(9) At the time of receipt of the product shipped to the address indicated, we recommend first paying attention to the external condition of the delivered package. If there is visible mechanical damage or other disturbing objections to the condition of the packaging, including logistical security, it is strongly recommended to refuse to accept it. If the external condition of the shipment does not raise any objections, it is recommended to check its content in the presence of the deliverer. If there are any objections to the technical and visual condition and completeness of the received goods, it is recommended to draw up a statement of damage. All the necessary forms are at the disposal of the courier, who is also obliged to certify the irregularities found.

§ 7. Complaints

(1) In the event of any complaint about the delivery and/or Goods, please immediately notify the Seller of such an event via e-mail: sklep@sulima.pl, or by phone: +48 24 355 87 50.

(2) The Customer has the right to request withdrawal from the contract unless Sulima Sp. z o. o. shall immediately and without undue inconvenience to the Customer replace the defective goods with a defect-free one. A warranty claim is processed within 14 days of receipt. If within 14 days Sulima Sp. z o. o. does not respond to the Customer’s requests, it means that Sulima has recognized the requests as legitimate. If the fulfillment of the Customer’s requests involves the delivery of new goods, the delivery costs shall be borne by Sulima Sp. z o. o.

§ 8. Withdrawal from the contract

(1) Following the Law of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827) the Buyer who is a consumer within the meaning of Art. 22(1) of the Civil Code has the right to withdraw from a contract concluded at a distance or off-premises without giving reasons, within 14 calendar days from the date of taking possession of the goods by the consumer or a third party other than the carrier designated by the consumer.

(2) To meet the deadline it is sufficient to send the statement before the deadline.

(3) Withdrawal is made by submitting a statement of withdrawal from the contract and sending it via any channel of remote communication, among others:

by email to sklep@sulima.pl

in writing, to the address 87-840 Lubien Kujawski, Kaliska 143 with the annotation: “return of goods”.

(4) The Consumer has the right to withdraw from the contract without cost, except:

additional costs incurred by the Consumer in connection with the choice of a method of delivery other than the cheapest ordinary means of delivery offered by the Seller,

direct costs of returning the goods (shipping costs of the goods),

the cost of returning the goods if, due to their nature, the goods cannot be returned by mail in the usual manner.

(5) The right to withdraw from a distance sales contract is not available to the consumer concerning contracts:

supply of services, if the contractor has executed the service in full with the express consent of the consumer, who was informed before the start of the service, that after the execution by the contractor shall lose the right to withdraw from the contract;

in which the price or remuneration depends on fluctuations in the financial market, over which the contractor does not have control, and which may occur before the deadline for withdrawal;

in which the goods are non-refabricated items, produced according to the consumer’s specifications or are supposed to meet their individualized needs,

in which the goods are items that are perishable or have a short shelf life;

in which the goods are items delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;

in which the goods are items that, after delivery, due to their nature, become inseparable from other items.

(6) If the consumer exercises his right to withdraw from the contract, the consumer is obliged to return the goods to the Seller immediately, i.e. no later than 14 (fourteen) days to the address: 87-840 Lubien Kujawski, Kaliska143 . The consumer may also return the goods by handing them over to a person authorized by the Seller for collection, observing the aforementioned deadlines. To meet the deadline it is sufficient to send the goods back before the deadline.

(7) The consumer shall bear the direct costs of returning the goods (shipping costs) being mindful of choosing such a way that the goods reach the Seller in an undamaged condition.

(8) The Seller shall, no later than 14 days from the date of receipt of the Consumer’s statement of withdrawal from the contract, return to the consumer all made payments, including the cost of delivery of the goods. If the consumer has chosen a method of delivery other than the cheapest ordinary means of delivery offered by the contractor, the contractor is not obliged to reimburse the consumer for the additional costs incurred by him. The Seller shall refund the payment using the same method of payment used by the consumer unless the consumer has expressly agreed to a different method of refund that does not incur any additional costs.

(9) If the Seller has not offered to collect the goods from the consumer, the Seller may withhold the refund of payments received from the consumer until the Seller receives the goods back or the consumer provides proof of the return, whichever event occurs first.

(10) The Seller does not accept shipments sent back via cash on delivery.

(11) The goods shall be returned to the following address: Sulima Sp. z o. o. 87-840 Lubien Kujawski, Kaliska 143. If you decide to return the purchased goods, please contact us by email at: sklep@sulima.pl or by phone at +48 24 355 87 50. The Buyer shall receive comprehensive information on how to carry out the procedure for returning the Goods.

§ 9. Final provisions

(1) All goods, names, and trademarks published on the sites of the Online Store are used for identification purposes only and may be registered trademarks of their respective owners.

(2) Prices and terms of purchase presented on the Store Sites shall apply only to Orders placed through the Online Store.

(3) The Seller informs that they shall make every effort to ensure that the information about the Goods presented on the pages of the Online Store is consistent with the factual data.

(4) Any complaints and comments regarding the operation of the Online Store, shall be provided to the Seller by phone, e-mail, or mail according to the contact information given in the preamble to the Terms and Conditions.

(5) The Service Provider shall not be liable for technical problems or technical limitations occurring in the computer equipment, terminal equipment, data communications system, and telecommunications infrastructure used by the Client, which prevents the Client from using the Online Store and services offered through it properly.

(6) In matters not regulated by these Terms and Conditions, the applicable laws shall apply. Placing an Order in the Online Store implies acceptance of the provisions of the Terms and Conditions.

(7) Product descriptions and their images and press releases posted on: www.sulima.pl come from a database owned by Sulima Sp. z o. o. 01-049 Warsaw ul. Esperanto 14A/26, copying and using for commercial purposes without the permission of Sulima Sp. z o. o. is strictly forbidden.

§ 10. Entry into force and amendments to the Terms and Conditions

(1) The Terms and Conditions shall come into force on the date of publication on the Website of the Online Store unless the owner of the service sets a different date.

(2) The current Terms and Conditions are published on the Store’s website and provided free of charge to the Customer (electronically) at any request.