ONLINE SHOPPING
The information and rules for making purchases in our online store are simple and fair...
INFORMATION
AMT Dystrybucja - Regulations
TERMS AND CONDITIONS OF THE ONLINE STORE
SECTION 1. GENERAL PROVISIONS AND DEFINITIONS
Basic definitions:
CHAPTER 2. BASIC AND TECHNICAL INFORMATION
The seller's contact details: 43-300 Bielsko-Biała; st. Gen. Maczka 71B, e-mail address biuro@amtpolska.pl, telephone number 531-744-686.
The seller offers the following types of Electronic Services:
The seller provides electronic services in accordance with the Regulations.
The technical condition for using the store is that the customer has a computer or other devices that enable browsing the Internet, appropriate software (including a web browser), Internet access and a current and active e-mail account.
It is forbidden for the customer to provide unlawful content.
Using the store may involve risks typical of using the Internet, such as spam, viruses, hacker attacks. The seller takes steps to counteract these threats. The seller indicates that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining or modifying customer data by unauthorized persons, therefore customers should use appropriate technical measures that will minimize the above-mentioned threats, including anti-virus and identity protection programs using the Internet.
The conclusion of the contract for the provision of free electronic services takes place via the store via the Internet. The customer may terminate the use of free electronic services at any time by leaving the store or by deleting the customer's account. In this case, the contract for the provision of free electronic services is terminated automatically without the need to submit additional statements by the parties.
The seller may - apart from other cases resulting from the law - process the following personal data of the customer necessary to establish, shape the content, amend or terminate the contract:
1) surname and first names of the client;
2) permanent address of residence;
3) correspondence address, if different from the address of residence;
4) Customer's e-mail addresses;
5) telephone number;
The seller may process, with the consent of the customer and for the purposes of advertising, market research and customer behavior and preferences, with the purpose of the results of these studies for the purpose of improving the quality of services provided by the seller, other customer data that is not necessary to provide the service electronically.
CHAPTER 3. PERSONAL DATA
The personal data provided by the customers are processed by the seller in accordance with applicable law, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing directive 95/46/EC (General Data Protection Regulation) (Journal of Laws L 119 of 4.5.2016, hereinafter: "Regulation"). Especially:
1.The seller ensures that these data are:
a) processed lawfully, fairly and in a transparent manner for customers and other data subjects;
b) collected for specific, explicit and legitimate purposes and not further processed in a manner incompatible with these purposes;
c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
d) correct and updated when necessary;
e) kept in a form that allows identification of the data subject for no longer than is necessary for the purposes for which the data are processed;
f) processed in a manner that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, using appropriate technical or organizational measures,
2. The seller applies appropriate technical and organizational measures to ensure the protection of personal data being processed appropriate to the nature, scope, context and purposes of processing and the risk of violating the rights or freedoms of natural persons;
1) The seller provides access to personal data and the exercise of other rights to customers and other data subjects, in accordance with applicable law in this regard
2) The basis for the processing of personal data is the consent of the customers or the occurrence of another premise entitling to the processing of personal data in accordance with the Regulation.
3. The seller guarantees the exercise of the rights of persons whose personal data is processed on the terms resulting from the relevant provisions, including those persons entitled to:
1) the right to withdraw consent to the processing of personal data;
2) the right to information regarding their personal data;
3) the right to control data processing, including their supplementation, updating, rectification, deletion;
4) the right to object to processing or to limit processing;
5) the right to complain to the supervisory authority and use other legal means to protect your rights.
4. A person with access to personal data processes them only on the basis of the Seller's authorization or a contract for entrusting the processing of personal data and only at the Seller's request.
5. The seller ensures that personal data will not be disclosed to entities other than those authorized under applicable law, unless required by European Union law or Polish law.
6. In connection with business activity, the seller uses the services of other entities, including for the purpose of performing contracts. Personal data may be transferred:
1) a hosting company,
2) suppliers of software to operate the Store,
3) internet service providers,
4) companies providing courier or postal services,
5) providers of the electronic payment platform,
6) suppliers of invoicing software,
7) entities providing accounting or legal services.
CHAPTER 4. ADDITIONAL INFORMATION
§ 1 Account.
Account registration on the store's website is free of charge and requires the following actions: The customer should complete the registration form by providing specific data and submitting statements regarding the acceptance of the regulations, processing of personal data, transfer of commercial information. A link enabling verification of the Account will be sent to the customer's e-mail address provided by him during the account registration process. Logging into the account consists in entering the login and password set by the customer. The password is confidential and should not be shared with anyone.
The account allows the customer to enter or modify data, place or check orders and view order history.
The electronic account service is provided free of charge for an indefinite period.
The customer may at any time resign from the account in the store by sending a relevant request to the seller by e-mail to the e-mail address: biuro@amtpolska.pl or in writing to the seller's address: 43-300 Bielsko-Biała; st. Gen. Maczka 71B.
§ 2. Opinions
The seller enables customers to post individual and subjective statements (opinions, comments) of the customer on the store's website, in particular regarding the goods.
The service is provided free of charge for an indefinite period.
Using the service is possible anonymously.
The seller may use opinions for the purposes of content posted on the Website.
CHAPTER 5. SALES
§ 1. Goods
All products offered in the store are new and have no defects. A detailed description of the goods can be found on the store's website.
The warranty for the goods is not provided, after-sales services are not provided.
§ 2. Orders and their implementation
An order can be placed by completing the Form available in the Store.
Orders can be placed after registering an account in the store or without registering an account in the store (purchases without registration).
The customer is obliged to carefully fill out the Form, providing all data in accordance with the facts and specifying the selected method of payment and delivery.
The customer provides data in the Form and makes statements regarding the acceptance of the regulations, the processing of personal data, the provision of commercial information.
Orders in the store can be placed 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or holidays are processed the next business day.
Confirmation of placing an Order is made by the customer by selecting the button (field) marked "I confirm and buy". The seller will send the customer an order confirmation to the e-mail address provided by the customer.
The order processing time (i.e. until the date of dispatch of the Goods) is up to 3 working days.
If a transaction is requested to be documented in the form of an invoice, the customer provides the necessary data, and the customer's tax identification number for the invoice must be provided no later than when placing the order. The seller is not responsible for providing incorrect or incomplete data, including the tax identification number, by the customer.
In the event of impossibility to complete the order, which may occur in the event of force majeure or other reasons, the seller undertakes to immediately inform the customer via e-mail or by phone. In this case, the consumer may resign from the contract, and the seller will refund the amounts paid by the consumer. In other cases, the performance of the contract is postponed by the duration of the obstacle.
§ 3. Payments
All prices of the goods given in the store are gross prices in Polish zlotys (prices include VAT). The price of the goods does not include the costs referred to in point 2 below. The price of the goods given at the time of placing the order by the customer is binding for both parties.
Costs related to the delivery of the goods (e.g. transport, delivery, postal services) and any other costs are borne by the customer. The amount of these costs may depend on the choice of the customer as to the method of delivery of the goods. Information on the amount of these costs is provided at the stage of placing the order.
The customer can choose the payment method:
traditional transfer - payment before shipment of the goods (prepayment). After placing the order, the customer should pay/transfer the amount due to the store's bank account. The order is processed after the customer's payment is credited to the store's bank account;
payment via the Tpay payment system - payment before shipment of the goods (prepayment). After placing the order, the customer should pay via the Tpay system. The order is processed after the customer's payment is credited to the Tpay payment system;
payment upon personal collection of the goods (cash) - the customer makes the payment directly upon personal collection of the goods in the seller's stationary store. The execution of the order takes place after accepting the order.
payment upon receipt of the goods (cash on delivery) - the customer pays the amount due directly upon receipt of the goods from the carrier. The order is processed after accepting the Order.
For each sold product, the store issues a proof of purchase and delivers it to the customer, provided that the provisions of generally applicable law require delivery, subject to the provisions of chapter 5, paragraph 2, point 8 of the regulations.
The customer is obliged to pay within 3 days from the date of concluding the sales contract, unless the selected method of payment requires a different deadline. If the customer fails to make the payment within this period, then - in accordance with art. 491 § 1 of the Civil Code (Journal of Laws 2017.459, as amended) - the seller will set an additional payment deadline for the customer, after which the seller will be entitled to withdraw from the contract. If the customer declares that the service will not be performed, the seller may withdraw from the contract without setting an additional deadline, also before the deadline for the performance is reached.
The entity providing the electronic payment service is Tpay with its registered office in Poznań, address: ul. St. Marcin 73/6 61-808 Poznań, entered into the register of entrepreneurs kept by the district court for Poznań NOWE MIASTO I WILDA W POZNAŃ, 8th COMMERCIAL DEPARTMENT OF THE NATIONAL COURT REGISTER under KRS number 0000412357, NIP: 7773061579, with share capital in the amount of 5,494,98 0 PLN in paid in full, a national payment institution within the meaning of the Act of 19 August 2011 on payment services, entered into the register of payment services under the number IP27/2014. Supervision over the activity in the field of payment services is exercised by the Polish Financial Supervision Authority.
§ 4. Delivery
The product is sent to the address indicated by the customer in the form, unless the parties agree otherwise.
The product is delivered by courier. A package sent via a courier company should be delivered within 1-5 working days from the date of shipment of the goods.
The customer may collect the goods in person at the address 43-300 Bielsko-Biała; st. Gen.Maczka 71B.
The seller indicates that:
1. Upon the release of the goods to the customer or the carrier, the benefits and burdens related to the goods and the risk of accidental loss or damage to the goods are transferred to the customer.
2. When selling to the consumer, the risk of accidental loss or damage to the goods passes to the consumer upon delivery of the goods to the consumer. The delivery of the goods is considered to be entrusting them by the seller to the carrier, if the seller had no influence on the choice of the carrier by the consumer, acceptance of the shipment with the product by the customer without reservations results in the expiry of claims for loss or damage in transport, unless:
a) the damage was stated in a report before accepting the shipment;
b) such determination was omitted through the fault of the carrier;
c) the loss or damage resulted from the carrier's willful misconduct or gross negligence;
d) damage that could not be noticed from the outside was discovered by the entitled person after accepting the shipment and within 7 days demanded to determine its condition and proved that the damage occurred in the time between accepting the shipment for transport and its delivery.
The above does not apply to consumers and entrepreneurs privileged under consumer rights.
§ 5. Additional information for the consumer
The agreement is not concluded for an indefinite period and will not be automatically extended.
The minimum duration of the consumer's obligations under the agreement is the time of performance of the agreement, i.e. payment and receipt of the goods.
The use of the store by the consumer is not connected with the obligation to make a deposit or provide other financial guarantees.
The seller is not obliged and does not apply the code of good practice referred to in art. 2 point 5 of the Act of August 23, 2007 on counteracting unfair market practices (Journal of Laws 2017.2070, as amended).
CHAPTER 6. LIABILITY
Liability under warranty is excluded in legal relations with customers and entrepreneurs with privileged consumer rights. The seller's liability for damage in legal relations with customers is always limited to the value of the goods, but this does not apply to the consumer and the entrepreneur with privileged consumer rights.
The seller is liable to the consumer if the goods have a physical or legal defect (warranty) under the terms set out in the provisions of the civil code (Journal of Laws 2017.459, as amended) and in the Act of May 30, 2014 on consumer rights (Journal of Laws .2017.683, as amended), including on the following terms:
1. the physical defect consists in the non-compliance of the goods with the contract. In particular, the goods are inconsistent with the contract if:
a) The goods do not have properties that an item of this type should have due to the purpose specified in the contract or resulting from circumstances or intended use;
b) the goods do not have the properties the seller assured the consumer about;
c) The goods are not suitable for the purpose of which the consumer informed the seller at the conclusion of the contract, and the seller did not raise any objections to such purpose;
d) The goods were delivered to the consumer incomplete.
2. The goods have a legal defect if the goods are the property of a third party or if they are encumbered with the rights of a third party, and if the limitation in the use or disposal of the goods results from a decision or ruling of a competent authority; in the event of the sale of the right, the seller is also responsible for the existence of the right;
3. The seller is liable under the warranty for physical defects that existed at the time the danger passed to the consumer or resulted from a cause inherent in the goods at the same time.
4. The seller is released from liability under the warranty if the consumer knew about the defect at the time of concluding the contract;
5. if a physical defect was discovered within one year from the date of delivery of the goods, it is presumed that the defect or its cause existed at the time of transfer of danger to the consumer;
6. The seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the goods to the consumer, and if the goods purchased by the consumer is a used movable item, the seller is liable under the warranty if the physical defect is found within one year from the date of delivery goods;
7. the consumer's rights under the warranty are:
a) demand a reduction in the price of the goods or withdrawal from the contract, unless the seller immediately and without undue inconvenience to the consumer replaces the defective item with a defect-free item or removes the defect;
b) The consumer may, instead of removing the defect proposed by the seller, demand the replacement of the goods with a defect-free one, or instead of replacing the item, demand removal of the defect, unless bringing the item into compliance with the contract 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 defect-free item, the type and significance of the defect found are taken into account, as well as the inconvenience to which the consumer would be exposed by a different method of satisfaction;
8. The consumer who exercises the rights under the warranty is obliged to deliver the defective item at the expense of the seller to the place indicated in the contract, and if such a place is not specified in the contract - to the place where the item was delivered to him.
CHAPTER 7. PROCEDURE FOR HANDLING COMPLAINTS
1. Complaints should be submitted by the customer to the seller in writing to the following address: AMT Dystrybucja M. Polewka Sp.J. 43-300 Bielsko-Biala; st. Gen. Maczka 71B. The customer may use the complaint template available in the Store, but it is not a condition for considering the complaint. The above does not apply to the consumer and the entrepreneur with consumer rights, who may submit complaints to the seller in any way.
2. If it is found that the shipment with the product is damaged, has suffered a loss or damage, the customer should immediately (not later than within 7 days from the date of receipt of the shipment) file a complaint with the seller. Such action will make it possible to pursue claims against the carrier. This is not a condition for considering the complaint of the consumer or entrepreneur privileged on consumer rights.
3. The seller undertakes to consider the customer's complaint within 30 days, and the complaint of the consumer or entrepreneur privileged with consumer rights within 14 days. If the seller does not respond to the complaint of the consumer or entrepreneur privileged on consumer rights within 14 days, it is considered that he found it justified.
The complaint should contain a detailed description of the problem and the customer's request, possibly also photographic documentation.
If the complaint is accepted, the seller will take appropriate action.
It is possible to use out-of-court methods of dealing with complaints and pursuing claims in legal relations with consumers, including:
1. the possibility of resolving disputes electronically using the ODR (online dispute resolution) platform, available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL
2. the possibility of conducting amicable proceedings before a common court or other authorities.
CHAPTER 8. WITHDRAWAL FROM THE AGREEMENT
1. Withdrawal from the agreement by the seller or the customer may take place on the terms set out in the provisions of the civil code (Journal of Laws 2017.459, as amended).
2. The consumer has the right to withdraw from the Agreement within 14 days from the date of receipt of the goods.
3. Information on withdrawal from the agreement by the consumer is contained in the instruction on the right to withdraw, available on the store's website.
4. The right to withdraw from the agreement is not entitled to the consumer in relation to certain contracts, i.e.:
- for the provision of services, if the seller has fully performed the service 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 agreement;
- in which the price or remuneration depends on fluctuations in the financial market over which the seller has no control and which may occur before the deadline for withdrawing from the agreement;
- in which the good is a non-prefabricated item, manufactured according to the consumer's specifications or serving to meet his individual needs;
- in which the good is an item that deteriorates quickly or has a short shelf life;
- in which the good is an item delivered in a sealed package, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery;
- in which the goods are items which, due to their nature, are inseparably connected with other items after delivery;
- in which the goods are alcoholic beverages, the price of which was agreed at the conclusion of the agreement, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the seller has no control;
- in which the consumer explicitly demanded that the seller come to him for urgent repair or maintenance; if the seller provides additional services other than those requested by the consumer, or provides items other than spare parts necessary to perform the repair or maintenance, the consumer is entitled to withdraw from the agreement in relation to additional services or items;
- in which the goods are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
- for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
- concluded by way of a public auction;
- for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
- for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after informing him by the seller about the loss of the right to withdraw from the contract.
5. The seller shall promptly, not later than within 14 days from the date of receipt of the consumer's statement on withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the goods. The seller refunds the payment using the same method of payment as used by the consumer, unless the consumer expressly agreed to a different method of return, which does not involve any costs for him.
6. If the consumer has chosen a method of delivering the item other than the cheapest usual method of delivery offered by the seller, the seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
7. The consumer is obliged to return the goods together with all elements of the equipment, including packaging, if it is an important element of the goods. The seller may refrain from returning the payment until receipt of the goods or until the seller has been provided with proof of its return, depending on which event occurs first.
8.
9. The consumer is liable for the decrease in the value of the goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
10. In the event of effective withdrawal from the agreement, the agreement is considered void.
11. The provisions contained in points 2-10 apply to the entrepreneur privileged under consumer rights.
CHAPTER 9. INTELLECTUAL PROPERTY
CHAPTER 10. FINAL PROVISIONS
