WWW.PREMIUMROSA.PL WEBSITE AND WEB STORE RULES AND REGULATIONS
1. General provisions
- These rules and regulations (further known as the „Rules and regulations”) specify the rules of concluding and exercising sales contracts in premiumrosa.pl website and the rights and obligations of the parties to these contracts.
- The premiumrosa.pl web store, as referred to in pt. 1.1., is accessible at the website premiumrosa.pl.
- The webstore is run by Premium Rosa Sp. z o. o. (further on referred to as: „Seller”), exercising its economic activity under then name of: Premium Rosa
with its corporate seat in Złotokłos (at the address: ul. Św. Andrzeja Boboli 20, 05-504, e-mail: [email protected]), with Tax ID NIP: 5342376107, and REGON statistical no.: 141232155
- The object of the activity of premiumrosa.pl is retail sales of products of the Premium Rosa and Nasze Domowe brand products (further on jointly referred to as: „Products”).
- The premiumrosa.pl Internet service enables for:
- acquiring information on the Products available at premiumrosa.pl;
- submitting purchase offers by individuals availing of it, who have registered optionally on the premiumrosa.pl website (further on referred to as „Buyers”). Available through the website, as indicated in pt. 1.2., the information, inclusive of the descriptions of the Products and the indication of their prices, do not constitute an offer in the sense of the legal act of the 23rdof April, 1964 – Civil code, but solely constitute an invitation for submitting a purchase offer on behalf of Buyer (further of referred to as the “Order”).
- The registration on the part of individual availing of the premiumrosa.pl webstore, as referred to in pt. 1.5.2., is equivalent with the acceptance of the Rules and regulations.
- Registration at the premiumrosa.pl webstore is not required. Client may submit his order without registering upon becoming familiar with these rules and regulations.
- For using the premiumrosa.pl webstore, and for acquiring information on the Products, are required:
- Computer (or another relevant device, such as: tablet, phablet, netbook, etc.), with Internet connection;
- web browser;
- active email account.
- The Seller in broadest sense that may be admissible by the law, does not bear any liability for interference, inclusive of intermissions, in the functioning of premiumrosa.pl webstore, caused by a force majeure incident, a disallowed action of third person or third persons, or due to incompatibility of the premiumrosa.pl webstore with technical infrastructure of persons availing of or trying to avail of premiumrosa.pl site.
- In the broadest sense admissible by the law, the Seller does not bear any liability for failure to supply or delayed supply of an object of Order, arising from submitting by the Purchaser of either erroneous data or inaccurate data, and especially, erroneous or inaccurate address of the domicile or company seat, delivery address or erroneous or inaccurate email.
- In the broadest sense admissible by the law, the Seller does not bear any liability for blocking the consignment of email (or discarding of email message) by administrators of post servers or by software installed on computer of individual availing of premiumrosa.pl Internet store, inclusive of anti-spam filters.
- The purchase orders at the premiumrosa.pl Internet store may be placed exclusively by natural persons who are adults, legal persons, and organisational units, not having legal identity, which are vested with legal capability by the law. Individual making purchases at the premiurosa.pl webstore in the name of a legal person or organisational unit, as referred to in the preceding sentence, and also in the name of any arbitrary third person (such as for instance an employer) by making purchase declares to be entitled for representing a given individual or unit.
- The contract may be concluded exclusively in the Polish language.
- Purchase orders at the premiurosa.pl Internet store may be placed by using the form, which is available on the website as indicated in pt. 1.2 of the Rules and regulations.
- The procedure of submitting Order, as referred to in pt. 2.3 is completed on every single occasion by effective clicking by Buyer on the “BUY AND PAY” button, and this is equivalent to confirmation on behalf of the Buyer, that the order form has been completed correctly. This generates an automatic response of the system, which sends an email message onto address as indicated in the form, informing of the registration of Order placement. Acknowledgement of the receipt of purchase offer is not equivalent with the acceptance of the offer. Upon immediate confirmation by the Seller of the receipt of Order, as referred to in the two preceding sentences, such offer binds the Buyer.
- If the purchase transaction is feasible, an email message is sent onto the email address of the Buyer with a confirmation of the acceptance of Order for processing. Confirmation of the acceptance of Order for processing is a declaration on the part of the Seller of offer acceptance.
- Orders are completed in the order of their placement.
- The Seller is entitled to enter maximum number of pieces of a given Product in a single Order, as well as to impose restrictions, as to the manner of delivery or form of payment. All restrictions, as referred to in the preceding sentence, on every single occasion shall be indicated on site of a given product and/or on site where there is the “BUY AND PAY” button, as referred to in pt. 2.4.
- In some special cases (e.g. if Product is not available in warehouse Product cannot be purchased by Seller from suppliers within time as indicated as approximate time of availability of the Product), the completion of transaction as indicated in the Order may turn out to be infeasible. In such case, the Seller shall inform the Buyer by electronic mail of the state of affairs, within timeframe as compliant with the relevant provisions.
- In situation as described in pt. 2.8 the Seller shall make a proposal to the Buyer to:
- annul the Order (in the understanding of pt. 2.11) in its entirety;
- annul the Order (in the understanding of pt. 2.11) in part, with respect to a situation as depicted in pt. 2.8.
- In case when the Buyer does not opt for any of the solutions as depicted in pt. 2.9, the Seller shall annul the Order (in the understanding of pt. 2.11.) in part, corresponding to the situation as depicted in pt. 2.9 and shall complete the sales transaction in its remaining part.
- By annulment of the Order, as referred to in pt. 2.9.1. and 2.9.2, one should understand the conventional right vested with the Seller to withdrawal, which hereby becomes reserved. This right may be exercised in case of emergence of a situation, as referred to in pt. 2.8, in consideration of the principles determined in pt. 2.9. and 2.10. This right may be exercised by the Seller within 30 (thirty) days’ time from a given date of conclusion of the sales contract with the Buyer.
3. Prices and payments
- The prices of the Products are stated in Polish zlotych (PLN) and are gross prices. The stated prices of the Products do not include the costs of delivery, which hinge upon a selected manner of delivery, value of order, carrier or weights of the Products. Total price together inclusive of all of the costs, and in particular, the costs of delivery, is stated upon completion by the Buyer of the form accessible on the website as indicated in pt. 1.2. of the Rules and regulations, immediately prior to clicking by the Buyer of the “BUY AND PAY” button.
- The Buyer may select the following forms of payments:
- standard wire transfer – money remitted onto the bank account of the Seller: 94114010100000304244001001;
- payment through the przelewy24 web service, available at the website https://www.przelewy24.pl/;
- payment by cash on delivery – payment remitted to courier making delivery of ordered Product;
- payment by cash in case of personal receipt of Products at the address as indicated in pt. 1.3.
- Settlement of transactions, in which payment proceeds through the service as indicated in pt. 3.2.2., is made through the web service przelewy.24 as indicated in pt. 3.2.2, which belongs to an entity other than the Seller.
- The Products ordered by the Buyer are delivered using one of the following methods:
- through a courier;
- through the Polish Postal Service – in case of shipments, the weight of which is up to 30 kg (thirty kilogrammes);
- by personal reception of ordered Products by the Buyer at the address as indicated in pt. 1.3.
- The Buyer opts for one of the methods of delivery as indicated in pt. 4.1.1-4.1.3. through the selection of a relevant option in the form, as referred to in pt. 2.3
- Personal collection, as referred to in pt. 4.1.3 is possible exclusively after prior arrangement by the Buyer with the Seller of time of Product collection or after reception of an email message with information of readiness of product to be collected. In case of absence of such arrangement or email message, the Seller does not guarantee the option of personal collection of the Product.
- 5. Right of withdrawal
- Within 14 (fourteen) days’ time from date of Product delivery the Consumer shall have the right to withdraw from the contract as concluded with the Seller for selling the Product without need for stating the reason and without incurring any other costs than: direct costs of return, supplementary costs arising from choosing by consumer, other than the cheapest manner of delivery. Moreover, the consumer shall have the right to make payment for provisions completed until a time of contract withdrawal. The right of withdrawal, as referred to in preceding sentence, may be exercised through the submission of a relevant declaration on the form, the template of which is available in enclosure no. 2 to the legal act on the rights of consumer of the 30thof May, 2014, and also at the end of the rules and regulations, whereas for observing the deadline as indicated in the preceding sentence it is sufficient to send such declaration prior to its expiry onto the email address of seller as indicated in pt. 1.3.
- The right of withdrawal, as referred to in pt. 5.1. is not attributed to consumer with respect to the contracts:
- for the provision of services, if entrepreneur has completed the service fully upon consumer’s explicit consent, who has been informed prior to the commencement of the service provision, that following the completion of the provision by entrepreneur, he shall lose the right to withdraw from the contract;
- in which the price or remuneration depends on the financial market fluctuations, over which the entrepreneur exercises no control, and which may emerge prior to the expiry of the deadline for withdrawal from the contract;
- in which the object of the contract is an object which is not prefabricated, produced according to some consumer specification or else used for satisfaction of individual needs;
- in which the object of the provision is a perishable good or else one with short best before date;
- in which the object of provision is a good delivered in sealed packaging, after opening of which such good cannot be returned due to health protection or due to hygiene reasons, once packaging has been opened after product delivery;
- in which the object of provision are goods, which after their delivery, due to their nature, are inseparably connected with other goods;
- The Seller shall be held liable to the consumers for incompliance of the Products with the contract pursuant to the provisions relating to the Warranty for faults as determined in the legal act – Civil code of the 23rdof April, 1964. In case of statement of incompliance of the Products with the contract, the consumer being Buyer, who has placed an Order for the Products, shall be obliged to inform of that fact the premiumrosa.pl Internet store, describing the stated incompliance and indicating a given manner for submitting his complaint. The relevant address for submitting complaints is the address as indicated in pt. 1.3.
6. Personal data protection
- pl Internet store pays special attention to observance of the privacy of the Buyers. Observing the Resolution of the European Parliament and of the Council (EU) 2016/679 of the 27thof April of 2016 regarding the protection of natural persons in connection with the processing of personal data as well as free flow of such data and the repeal of the Directive 95/46/EC, the premiumrosa.pl Internet store exercises care in picking and applying the relevant technical and organisational means in order to provide the right protection to the processing of data.
- The information on processing cookie files are to be found on the website: www.premiumrosa.pl/polityka-prywatnosci/
- In such matters that may be related to the protection of personal data, please contact us at [email protected].
- The Administrator of the personal data collected by the premiumrosa.pl Internet store is the Seller.
- The personal data is processed by the Seller on the basis of: contract concluded with the Buyer, being its party, a justified interest (e.g. for the purpose of contacting with potential client leaving his personal data in contact form), legal obligations arising from the provisions of the law (e.g. arising from the accountancy provisions), consent, if such consent is granted (e.g. for sending a newsletter).
- Stating any data is on voluntary basis, however it is indispensable for completing order, or else for contact purposes.
- Consent for processing personal data may be withdrawn at any given moment.
- The recipients of personal data are authorised employees of the Seller and entities providing services for the benefit of the Seller, whereas this concerns such entities that have concluded with the Seller contracts for entrusting the processing of personal data which oblige duly protection of personal data and its processing in accordance with strict indications of the Seller.
- Personal data is not transferred beyond the territory of the European Economic Area.
- The data is stored for such time duration which may be indispensable for the meeting of the goals, for which it has been gathered, i.e. for the time of order processing, time indicated in the legal provisions, and in case of claims – until time of their expiry. In case of processing personal data on the basis of granted consent, data shall be stored until time of consent withdrawal.
- The Buyer is vested with the following rights in connection with the processing of the personal data; the right to access the data, its modification, removal, transfer, as well as the right to make an objection with respect to its processing.
- The Buyer is vested with the right to submit a complaint to Chairman of the Personal Data Protection Office.
7. Supplementary legal reservations
- The content and the structure of the premiumrosa.pl Internet service are protected by the copyright law. Reproduction of data or information, and in particular the use of texts placed on the website, as well as their fragments and images, for purposes other than non-commercial without consent of authorised entity is prohibited.
- The websites and web services, to which links are placed on the website accessible at the address as indicated in pt. 1.2, have been arranged by third persons and hence, the Seller shall be not liable for any information, advice, opinion, suggestions or materials contained in these websites and Internet services.
- The descriptions of the Products, which are featured in the premiumrosa.pl Internet store are used entirely for informative and identification purposes. These descriptions are in abridged form. Prior to the use of the Products, one should become familiar with a leaflet/instruction and with possible information featured on the packaging.
8. Specific provisions in connection with the electronic provision by premiumrosa.pl of services
- In case of provision by premiumrosa.pl Internet store of services electronically, what pertains these services, the Rules and regulations constitute the rules and regulations for providing services electronically, in the understanding of the act from the 18thof July, 2002 regarding the provision of services electronically, with reservation of pt. 8.8.
- Technical requirements indispensable for cooperation with IT system, which is used by the Seller, there are determined in point 1.7.
- It is forbidden to deliver by individuals availing of the premiumrosa.pl Internet website any content of illegal nature.
- The conclusion of the agreement for the provision of services electronically proceeds upon commencement by individual of availing of the premiumrosa.pl and upon availing of a given relevant service.
- The contract for the provision of services electronically may be terminated on the grounds of relevant principles, as determined in the binding legal provisions, as well as in such scope, in which its admissible by the binding provisions – by submitting to the Seller of declaration drafted in writing form (and dispatched onto the address indicated in pt. 1.3) or else sent by electronic post (onto the email address of [email protected]) on the termination of contract for the provision of services electronically, defining in detail the contract, which becomes terminated.
- The mode of complaint procedure relating to the provision of services electronically is as follows:
- Individuals being consumers of a given service may submit their complaints on matters relating to the provision of services electronically by the Seller; complaint is submitted in written form (by dispatching it onto the address as indicated in pt. 1.3) or else through the intermediary of electronic mail (by dispatching it to the email address as indicated in pt. 8.5);
- a complaint should include:
- identification of service consumer and his address or email address;
- identification of service, which the complaint concerns;
- The Seller shall make due efforts in order for the complaint procedures, as referred to in pt. 8.6.1. and 8.6.2. may be considered without needless delay;
- After settling a complaint, the Seller shall inform the party submitting the complaint of its acceptance of rejection (whereas the information with respect to rejection of complaint shall contain a justification).
- In order to satisfy the requirements of the legal act, as referred to in pt. 8.1., herein, the Seller informs, that:
- availing of the services provided electronically through the Internet is risk prone. A fundamental threat is the possibility of getting the IT system infected by a malware, inclusive of viruses, bugs, and trojan horses. In order to avoid these hazards, it is recommended that individuals availing of premiumrosa.pl Internet store install on their device antivirus software and update it promptly.
- The Seller introduces to the computer system, which is handled by individuals availing of the services of premiumrosa.pl Internet store, cookie files, i.e. file containing small fragment of text, which is sent by Internet service to web browser, and which the web browser sends back upon following entries made onto the website. It is used mainly for maintaining online session, i.e. by way of generating and sending back of temporary identifier after logging in. However, it may be used on a broader basis by recording any arbitrary data, which may be coded as a sequence of characters. Thanks to that, user does not have to enter the same data on every single occasion when he returns to the website or when he decides to move from one site to another.
- The Seller reserves himself the right to draft for specific services provided electronically rules and regulations separate from this one. In case of such separate rules and regulations being binding, the provisions of the sect. 8.1-8.7. are not used with reference to the service, which the rules and regulations refer to.
- The Seller, by being a seller, shall be liable towards the consumers pursuant to the rules relating to the warranty for faults as determined in – the Civil code (law of the 23rdof April, 1964).
- In case of sales contracts, in which the consumer is not a buyer, in the maximum sense as admissible by the law are excluded the provisions of the art. 556-576 of the Civil code.
- Under the term „consumer” as applied in pt. 9.1. and 9.2. should be understood a natural person joining forces with entrepreneur in order to exercise a legal action not directly linked to either his economic activity or professional activity.
- Complaints (inclusive of these voiced with respect to the functioning of the premiumrosa.pl Internet store) must be submitted:
- in writing onto the address as indicated in pt. 1.3.;
- through email message, onto the email address as indicated in pt. 8.5.
- The Seller shall make due efforts, for the complaints to be considered without needles delay.
10. Final provisions
- The Seller applies the Code of Ethics for enterprises, which is available on the website of the National Chamber of the Economy at the website : http://www.kig.pl/kodeks-etyki-dla-przedsiebiorcow.html, in its wording from the date of entry into force of the Rules and regulations.
- The Seller may change the Rules and regulations, without Buyer consent, and without stating reasons for doing so and at any time, with the reservation of pt. 10.3. The changes as referred to in the preceding sentence, do not restrict the rights acquired by the Buyers, prior to entry of these changes into force.
- Of the wording of the changes in the Rules and regulations each Buyer shall be informed by a placement made by the Seller on the premiumrosa.pl Internet site of a notification of changes in the Rules and regulations, containing a statement of changes in the Rules and regulations, whereas the notification shall be kept on this site for a time period of at least 10 (ten) calendar days, and in addition to this, the Buyer shall be notified of this fact by the Seller by an email message sent by the Seller onto the email address of the former containing a statement of the changes made to the Rules and regulations. Information, as referred to in the preceding sentence shall take place no later than within 10 (ten) days prior to a day of introducing of changes into the Rules and regulations. In case of a refusal of acceptance of the changes made to the Rules and regulations, the Buyer shall inform of such rejection the Seller within 10 (ten) days from the information as referred to in the preceding sentence, whereas such rejection is equivalent to resignation of the Buyer from availing from the premiumrosa.pl Internet website and authorization of the Seller to close the Buyer account. No rejection on behalf of the Buyer is equivalent with the acceptance of the proposed by the Seller changes in the Rules and regulations.
- The referred to in the Rules and regulations numbers of points (pts.) with no specific annotation mean relevant editorial sections of the Rules and regulations.
- All names and descriptions of the Products and the logotypes of individual brands are used for identification purposes and may be subject to protection pursuant to the provisions of the legal act of the 30thof June, 2000. – Industrial property law.
- All individuals availing of the prepmiumrosa.pl Internet store may obtain access to the Rules and regulations at any time through the link placed on the website: premiumrosa.pl, copy and paste the content to a file and print it.