Terms and Conditions

 
REGULATIONS OF THE ONLINE SHOP

The online shop of PANEGARA sp. z o.o. is operated by PANEGARA sp. z o.o., with its registered office in Warsaw (02-135), at ul. Iłżecka 26, entered into the Companies Register of the National Court Register kept by the District Court of the city of Warsaw in Warsaw, XIII Economic Division under the number: | KRS: 0000562681 | NIP: 5223031891 | REGON: 361763089 | share capital: PLN 5,000.00.

These Regulations specify general terms, conditions, and manner of sales operated by PANEGARA sp. z o.o. by means of the online shop: www.sklep.panegara.pl (hereinafter the: "Online Shop") and the terms and conditions of providing electronically free of charge services by PANEGARA sp. z o.o.

§ 1 Definitions

1. Business Day - means week days from Monday to Friday, with the exclusion of statutory days off.

2. Delivery - means an actual activity consisting in delivering by the Seller to the Client, via the Supplier, of the Commodity specified in an order.

3. Supplier – means the own transport of the Seller, by means of which the Seller performs the Delivery of Commodities.

4. Password - means a code of letters, digits or other characters chosen by the Client at the Registration in the Online Shop, used to secure the access to the Client's Account in the Online Shop.

5. Client - means an entity for which, pursuant to the Regulations and the provisions of law, services can be provided electronically, or with whom a Contract of Sale can be concluded.

6. Consumer - means a natural person performing a legal action not related directly with their economic or professional activity.

7. Client's Account - means an individual panel for each Client, launched for their benefit by the Seller, following the Registration by the Client and entering into a contract for the provision of the service of operating the Client's Account.

8. Login -means an individual marking of the Client, chosen by the Client and consisting of a code of letters, digits or other characters, required with the Password to open the Client's Account in the Online Shop. A Login is a correct address of the Client's e-mail account.

8. Personal Collection Point - means a place designated for servicing the Client, at the address: ul. Utrata 4, Warszawa (00-000).

10. Entreprise - means a natural person, a legal person or organisational unit not being a legal person, which has a statutory capacity to perform legal actions, and who runs on their own behalf business or professional activity and who performs a legal action directly related to its economic or professional activity.

11. Regulations - mean these regulations.

12. Registration - means an actual activity performed in a manner set out in the Regulations and necessary to use all the functionalities of the Online Shop by the Client.

13. Seller - means PANEGARA sp. z o.o., with its registered office in Warsaw (02-135), at ul. Iłżecka 26, entered into the Companies Register of the National Court Register kept by the District Court of the city of Warsaw, XIII Economic Division under the number: | KRS: 0000562681 | NIP: 5223031891 | REGON: 361763089 | share capital: PLN 5,000.00, e-mail: sklep@panegara.com which is at the same time the owner of the Online Shop.

14. Website of the Shop - means the websites at which the Seller operates the Online Shop, operating in the PANEGARA.pl domain.

15. Commodity - means a product presented by the Seller via the Website of the Shop, which can be the subject of the Contract of Sale.

16. Durable Carrier - means a material or tool enabling the Client or the Seller to store the information directed personally to it, in a manner that makes it possible to access the information in the future for the time appropriate for the purposes of this information and which makes it possible to access the information in an unchanged form.

17. Contract of Sale - means the contract of sale concluded at a distance pursuant to the terms set out in the Regulations between the Client and the Seller.

 
§ 2 General provisions and the use of the Online Shop
 

1. All rights to the Online Shop including the property copyrights, intellectual property rights to its name, internet domain, the Website of the Shop, as well as to templates, forms, logotypes included on the Website of the Shop in order to present the commodities, belong to the Seller, and can be used only in a manner determined in and compliant with the Regulations and with the Seller's written consent.

2. The Seller will make efforts to make the use of the Online Shop possible for the users of the Internet by means of any popular web browsers, operational systems, types of equipments and internet connections. The minimum technical requirements for the use of the Website of the Shop are an internet browser in the version no older than Internet Explorer 11 or Chrome 39 or FireFox 34 or Opera 26 or Safari 5 or newer, with the Javascript enabled, accepting the files of the "cookie" type, and an internet connection of the capacity at least 256 kbit/s.

3. The Seller uses the mechanism of "cookie" files, which are saved by the Seller's server while the Clients use the Website of the Shop at the hard disc of the final device of the Client. The use of "cookies" aims to provide the correct operation of the Website of the Shop on final devices of the Clients. This mechanism is not detrimental to the final device of the Client and does not change the configuration of the final devices of the Clients, nor does it modify the software installed on these devices. Each Client can turn off the "cookies" in the browsers of their final devices. The Seller indicates that turning off the "cookies" can interfere with the use of the Website of the Shop or even make it impossible.

4. To place an order with the Online Shop via Website of the Shop and to use the services available on the Websites of the Shop, the Client has to have an active e-mail account.

5. The Clients are prohibited to deliver illegal contents or to use the Online Shop, the Website of the Shop or the free services provided by the Seller in a manner contrary to the law, good practice or interfering with the personal rights of third parties.

6. The Seller declares that the public nature of the Internet and the use of services provided online may be related with the risk of obtaining and modifying the Clients' data by unauthorised entities, that is why the Clients should use proper technical means to minimise these risks. In particular, the Clients should use antivirus software and the software protecting the identity of the Internet users. The Seller never contacts the Client to ask to give it the Password in any form whatsoever.

 
§ 3 Registration
 

1. To open a Client's Account, the Client is obliged to perform a free Registration.

2. The Registration is not necessary for placing an order with the Online Shop.

3. To make the Registration, the Client should fill in the registration form made available by the Seller on the Website of the Shop and to send the completed form electronically to the Seller by choosing a relevant function included in the registration form. At the Registration, the Client selects an individual Password.

4. While filling in the registration form, the Client can read the Regulations and consent to it, by selecting a relevant field in the form.

5. At the Registration, the Client can consent to the processing of their personal data for marketing purposes by selecting a relevant field in the registration form. In such a case, the Seller explicitly informs the Client about collecting the personal data of the Client, and about the known or foreseen recipients of these data.

6. Consenting by the Client to processing of their personal data for marketing purposes is not a prerequisite for concluding the contract for delivering by the Seller of the service of Operating the Client's Account. The consent may be revoked at any time, by submitting an appropriate statement by the Client. For example, the statement can be sent to the Seller's address by e-mail.

7. After sending the completed registration form, the Client immediately receives to its e-mail account provided in the form, a confirmation of the Registration by the Seller. At this moment, a contract for providing online service of operating the Client's Account is concluded and the Client receives the access to the Client's Account and to make changes of the data provided at the Registration, with the exception of the Login.


 § 4 Orders
 

1. The information included on the Website of the Shop does not constitute the offer of the Seller as defined in the Civil Code, but only an invitation for the Clients to submit offers to conclude the Contract of Sale.

2. The Client can place an order in the Online Shop via the Website of the Shop www.sklep.panegara.pl seven days a week, 24 hours a day.

3. The information filled in the order form should concern the Client only and be true. The Client is responsible for the truthfulness of the information provided in the order form.

4. A Client submitting an order via the Website of the Shop completes the order by selecting a Commodity they are interested in. Adding the Commodity to the order is done by selecting the "Add to basket" option underneath a Commodity presented on the Website of the Shop. The Client, having completed the order and indicated in the "basket" the Delivery and payment options, places the order by sending the order form to the Seller, choosing the "buy and pay" button on the website. Each time, before sending the order to the Seller, the Client is informed about the total price of the Commodity and the Delivery, as well as about all additional costs they are obliged to pay as a result of the Contract of Sale.

5. Placing an order constitutes an offer from the Client to the Seller of entering into the Contract of Sale of the Commodities that are the subject of the order.

6. After the order is placed, the Seller sends a confirmation of its placement to the e-mail address provided by the Client.

7. Then, after confirming the acceptance of the order, the Seller sends the information on accepting the order to be completed to the e-mail address provided by the Client. This information is the Seller's statement of acceptance of the order, specified in §4 section 4 above, and at its receipt by the Client, the Contract of Sale is concluded.

8. Following the conclusion of the Contract of Sale, the Seller confirms its terms and conditions to the Client, by sending them on the Durable Carrier to the e-mail address of the Client, or in writing to the address indicated by the Client at the Registration or while placing the order.

 
§ 5 Payments
 

1. Prices on the Website of the Shop provided by each Commodity are gross prices and do not include the information on the cost of Delivery and any other costs the Client will be obliged to take due to the Contract of Sale, of which the Client will be informed while choosing the Delivery option and placing the order.

2. The Client can choose following payment methods for the ordered Commodities:

a)    bank transfer to the bank account of the Seller (in which case the order will be processed after the Seller sends the Client a confirmation of accepting the order and after receipt of the payment on the bank account of the Seller), within three days from the date of placing the order,  
b)    a bank transfer via the external payment system Przelewy24, operated by DialCom24 Sp. z o.o. with its registered office in Poznań (in which case the order will be processed after the Seller sends the Client a confirmation of accepting the order and following receipt by the Seller of the information from the  Przelewy24 system on making payment by the Client).

3. The Client is obliged to make the payment for the order in the amount resulting from the concluded Contract of Sale within two days from the date of placing the order. In the event of failing to make the payment within the deadline specified in these regulations, the order will automatically be cancelled by the Seller.

4. In the event of the Client's failing to make the payment within the deadline, the Seller sets an additional deadline for making the payment and informs the Client in an e-mail to the address indicated by the Client in the registration form. The information about the additional deadline for making the payment includes the information, that after the expiry of the deadline, the Seller will rescind from the Contract of Sale. If the second deadline is not met, the Seller will send an e-mail to the address indicated by the Client in the registration form, informing them about rescinding from the Contract of Sale as required under Article 491 of the Civil Code.

 
§ 6 Delivery
 

1. The Seller makes the Delivery in the Republic of Poland.

2. The Seller is obliged to deliver the Commodity which constitutes the subject of the Contract without faults.

3. The Seller publishes on the Website of the Shop the information about the number of Business Days necessary for the Delivery and the performance of the order.

4. The deadline for the Delivery and the performance of the order indicated on the Website of the Shop is counted in Business Days in accordance with §5 section 2.

5. The ordered Commodities are delivered to the Client by means of the Supplier to the address indicated in the order form.

6. On the date of sending the Commodity to the Client (unless the option of personal collection of the Commodity is chosen), the Client receives the information on their e-mail confirming shipping the consignment by the Seller.

7. The Client should examine the received consignment in the time limits and manner assumed for consignments of the kind, in the presence of an employee of the Supplier. In the event of discovering a fault or damage to the consignment, the Client is entitled to demand from the employee of the Supplier that an appropriate record be drafted.

8. The Client can collect the ordered Commodity personally. The collection may take place at the Collection Point on Business Days, during opening hours indicated on the Website of the Shop, following an earlier arrangement with the Seller of a date of the collection, by phone or by e-mail.

9. The Seller, at the Client's request, appends to the consignment that is the subject of the Delivery, a receipt or a VAT invoice for the delivered Commodities.

10. In the event of the Client's absence at the address indicated as the Delivery address while placing an order, an employee of the Supplier will leave a non-delivery notice or make attempt to contact the Client on the phone, to determine a date when the Client will be present. In the event of the return of the ordered Commodity to the Online Shop by the Supplier, the Seller will contact the Client electronically or by the phone, to determine again the date and cost of the Delivery.

 
§ 7 Warranty
 

1. The Seller provides the Delivery of the Commodity free of physical and legal defects. The Seller is responsible toward the Client, if the Commodity has a physical or legal defect (a warranty).

2. If the Commodity has a defect, the Client can:

a)    Submit a statement on decreasing the price or withdrawing from the Contract of Sale, unless the Seller immediately and without excessive inconvenience for the Client, replaces the defective Commodity with one free of defects, or removes the defect.
b)    This limitation does not apply if the Commodity has already been replaced by the Seller or if the Seller did not meet the obligation of replacing the Commodity with a defect-free one or removing the defects. The Client can demand, instead of removing the defect, replacing the Commodity with a defect-free one, or instead of replacing the Commodity, removing the defect, unless the manner of providing the compliance with the contract demanded by the Client is impossible or requires excessive costs compared to the one chosen by the Seller. While assessing the excessive costs, the value of a defect-free Commodity, the type and significance of the defect, and the inconvenience for the Client resulting from other manner of satisfying the demand are taken into consideration.
c)     Demand replacing the Commodity with a defect-free one or removing the defect. The Seller is obliged to replace the defective Commodity or remove the defect in a reasonable time without excessive inconvenience for the Client.
d)    The Seller may refuse meeting the demands of the Client, if the manner of providing the compliance with the Contract of Sale of the defective Commodity chosen by the Client is impossible or, compared to the other possible manner of providing the compliance with the Contract of Sale, would require excessive costs. The costs of repairing or replacing are borne by the Seller.

3. The Client performing the rights under the warranty is obliged to deliver the defective Commodity to the address of the Seller. If the Client is the Consumer, the cost of the delivery is borne by the Seller.

4. The Seller is liable under the warranty if the physical defect is determined within the two years after handing the Commodity over to the Client. A Claim for removing the defect or replacing the Commodity with a defect-free Commodity expires after a year, but cannot end before the deadline set out in the firs sentence. Within this deadline, the Client can rescind from the Contract of Sale or submit a statement on decreasing the price due to the defect of the Commodity. If the Client demands that the Commodity be replaced with a defect-free or that the defect be removed, the deadline for rescinding from the Contract of Sale or submitting a statement on decreasing the price starts at the expiry of the deadline for removing the defect or replacing the Commodity.

 
§ 8 Complaints
 

1. Any complaints related to the Commodity or the performance of the Contract of Sale may be addressed by the Client in writing to the Seller.

2. The Seller will respond to the demand including the complaint for the Commodity or related to the performance of the Contract of Sale within 14 days from the date of its receipt.

3. The Client may make a complaint to the Seller due to the use of free services delivered electronically by the Seller. The complaint may be made electronically and sent to the address: sklep@delfin.pl. In the complaint notice, the Client should include the description of the problem. The Seller will process the complaint and reply to the Client immediately, no later though than within 14 days.

 
§ 8 Guarantee
 

1. Commodities sold by the Seller can be subject to a guarantee of the manufacturer or the retailer of the Commodity.

2. For the Commodities covered by the guarantee, the information concerning the existence and content of the guarantee will each time be displayed on the Website of the Shop.

 
§ 10 Withdrawing from the Contract of Sale
 

1. The Client being a Consumer, who entered into the Contract of Sale, can withdraw from it within 14 days without stating the reason thereof.

2. The period for withdrawing from the Contract of Sale starts at the moment of obtaining the Commodity by the Client.

3. The Client can withdraw from the Contract of Sale by submitting to the Seller a statement of withdrawal. The statement can be drawn on a form uploaded by the Seller to the Website of the Shop. In order to keep the deadline, it is necessary to send the statement without its expiry.

4. The Client can withdraw from the Contract of Sale, by submitting to the Seller a statement of withdrawal by means of the form available on the website at the address: electronic form of the statement of withdrawal. To keep the deadline, it is necessary to send the statement before its expiry. The Seller will immediately confirm receipt of the form submitted electronically to the Client.

5. In the event of withdrawing from the Contract of Sale, it is considered not concluded.

6. If the Client has submitted the statement of withdrawal from the Contract of Sale before the Seller accepted their offer, the offer becomes invalid.

7. The Seller is obliged immediately, no later than within 14 days from the date of receipt of the Client's statement of withdrawal from the Contract of Sale, to return all the payments made by the Client including the cost of the Delivery of the Commodity to the Client. The Seller can suspend the return of the payment received from the Client until the Commodity is returned to it, or until the Client delivers the proof of sending the Commodity back, whichever comes first.

8. The Client is obliged to return the Commodity to the Seller immediately, within 14 days from withdrawing from the Contract of Sale at the latest. To keep the deadline, it is enough to send the Commodity back to the Seller's address before the expiry of this deadline.

9. In the event of withdrawal, the Client bears only the direct costs of the return of the Commodity.

10. The Seller returns the payments by the same mode that was used by the Client, unless the Client explicitly agreed to another manner of return, which is cost-free for the Client.

 § 11 Free-of-charge services
 

1. The Seller provides electronically free-of-charge services to the Client:

            a)         The newsletter;
            b)         Operating the Client's Account.

2. Services indicated in §11 section 1 above are provided seven days a week, 24 hours a day.

3. The Seller reserves itself the possibility of changing the type, form, time and manner of providing access to these services, of which it will inform the Clients in compliance with the change of the Regulations.

4. Each Client, who communicates their e-mail address on the registration form made available by the Seller on the Website of the Shop, can use the Newsletter service. After sending the completed registration form, the Client receives immediately, by e-mail, to the e-mail address provided in the registration form, a confirmation from the Seller. At this moment, a contract for the electronic provision of the Newsletter service is concluded.

5. At the Registration, the Client can additionally mark an appropriate field in the registration form to subscribe the Newsletter service.

6. The Newsletter service consists in sending by the Seller, to the e-mail address, of electronic messages with the information about new products or services available in the Seller's offer. The Newsletter is sent to all Clients who subscribed the service.

7. Each Newsletter directed to certain Clients includes, in particular: the information about the sender, the filled-in "subject" field, determining the contents of the letter and the information about the possibility and manner of resigning of the free-of-charge Newsletter service.

8. The Client can resign of receiving the Newsletter at all times, by unsubscribing via the link included in each electronic message sent as a part of the Newsletter service, or by activating a respective field on the Client's Account.

9. The service Operating Client's Account is available after the Registration pursuant to the terms and conditions described in the Regulations and consists in making a panel dedicated as a part of the Website of the Shop available to the Client. The panel enables the Client to modify the data provided at the Registration, as well as to follow the status of the orders, and the history of the performed orders.

10. The Client, who completed the Registration, can demand the removal of the Client's Account from the Seller, in which event the account will be removed within 14 days from making the demand.

11. The Seller is authorised to block the access to the Client's Account and free-of-charge services, in the event of the Client's acting to the detriment of the Seller or other Clients, violating the law by the Client or failing to comply with the Regulations, or, when blocking the access to the Client's Account and free-of-charge services is dictated by safety reasons - in particular: breaking the securities of the Website of the Shop or other hacking activities by the Client. Blocking the access to the Client's Account and free-of-charge services for these reasons lasts for a period necessary for solving the issues that constitute the basis for the blocking. The Seller will inform the Client about blocking the access to the Client's Account and free-of-charge services by e-mail to the address indicated by the Client in the registration form.

 
§ 12 Protection of personal data
 

1. The Seller acts as the Administrator of the Clients' personal data provided to the Seller willingly at the Registration, placing a one-time order or as a part of the provision of services electronically by the Seller, or under other circumstances set out in the Regulations.

2. The Seller processes personal data of the Clients to perform the orders, provide electronic services and for other purposes set out in the Regulations. The data are processed only on the basis of the provisions of law or the consent of the Client given in accordance with the provisions of law.

3. The set of personal data submitted to the Seller is notified by the Seller to the General Inspector for the Protection of Personal Data.

4. The Client submits their personal data to the Seller voluntarily, subject however to the fact that failing to provide certain data in the Registration process makes the Registration and opening the Client's Account impossible, and makes placing and performing the Client's order impossible, in the event of placing an order without the Registration of the Client's Account.

5. Anyone submitting their personal data to the Seller is authorised to access their content and to correct them.

6. The Seller provides the possibility of removing the personal data from the operated set, in particular in the event of removing the Client's Account. The Seller can refuse removing the personal data if the Client failed to regulate all payments to the Seller or violated the provisions of law in force, and keeping the personal data is necessary for determining the circumstances and determining the Client's responsibility.

7. The Seller protects the personal data that had been provided to it and makes every effort to secure them against unauthorised access or use.

8. The Seller provides the personal data of the Client to the Supplier in the extent necessary to perform the Delivery.

9. The Seller can provide the personal data of the Client, with the latter's explicit consent, in the scope necessary to perform the Contract of Sale to DialCom24 Sp. z o.o. with its registered office in Poznań, if the Client selected the option of the payment by the payment system Przelewy24.

 
§ 13 Termination of the contract (other than the Contract of Sale)
 

1. Both the Client and the Seller can terminate the contract for the electronic performance of services at any time without justification, subject to retaining the rights acquired by the other party before the termination of the contract and to the provisions below.

2. The Client who made the Registration terminates the contract for the electronic performance of services by sending the Seller an appropriate statement of intent, by any means of remote communication that makes it possible for the Seller to read the statement of intent.

3. The Seller terminates the contract for the electronic performance of services by sending an appropriate statement of intent at the e-mail address provided by the Client at the Registration.

 
§ 14 Final provisions
 

1. The Seller is liable for failing to perform or improperly performing the contract, but in the case of the Clients who are Enterprises, the Seller is liable only for intentional damage and to the limits of the real losses incurred by the Client who is an Enterprise.

2. The contents of these Regulations may be recorder by printing, saving on a carrier or downloading from the Website of the Shop at any time.

3. In the event of a dispute on the grounds of the Contract of Sale, the parties will attempt to solve it amicably. All such disputes will be settled, in compliance with these Regulations, according to the provisions of the Polish law.

4. Each Client can use amicable manners of processing complaints and claims. In this scope, it is possible to use mediation by the Client. The lists of permanent mediators and mediation centres are displayed and made available by Presidents of appropriate Regional Courts.

5. The Seller reserves itself the right to modify these Regulations. All orders accepted by the Seller for processing before the entry into force of the new Regulations are performed pursuant to the Regulations valid on the date of placing the order by the Client. Modifications to the Regulations enter into force within seven days from the publication on the Website of the Shop. The Seller informs the Client seven days before the entry into force of the new Regulations about the modification, by means of a message by e-mail with a link to the modified Regulations. If the Client does not consent to the new Regulations, they are obliged to inform the Seller about the fact, which results in terminating the contract as required under §13.

6. The Regulations enter into force on 7 December 2015.

 
 
 
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