Regulations

The Online Shop’s regulations are available at:
http://www.sanco-polska.pl/regulamin-pm-5.html
http://sanco-polska.pl/regulamin.pdf

ONLINE SHOP’S REGULATIONS


1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
3. CONDITIONS FOR SALES CONTRACTS
4. METHODS OF PAYMENT
5. COST, TERM AND SHIPPING METHODS
6. CONTRACT TERMINATION CONDITIONS FOR PROVIDING ELECTRONIC SERVICES
7. CLAIM PROCEEDINGS
8. RIGHT OF WITHDRAWAL FROM AN AGREEMENT
9. REGULATIONS REGARDING THE ENTREPRENEURS
10. FINAL PROVISIONS


1. GENERAL PROVISIONS

1.1. The Online Shop available at email address: www.sanco-polska.pl is owned by SANCO POLSKA LIMITED LIABILITY COMPANY with its main office in Żywiec (address of the main office and correspondence address : Al. Piłsudskiego 12, 34-300 Żywiec); registered in the Register of Entrepreneurs of the National Court Register under the evidence number KRS 0000409496; the registry court in which the company records are kept is: District Court in Bielsko – Biała, VIII Commercial Division of the National Court Register; capital in the amount of 20.000 zł.; TAX ID(NIP): 5532509592; CRO(REGON): 242784652; email address: biuro@sanco-polska.pl.
1.2. The regulations are aimed at the consumers as well as the entrepreneurs making use of the Online Shop (except for the pt. 9 of the regulations, that is aimed solely at the entrepreneurs). The aim of these regulations is not to exclude or limit any consumer’s laws that are granted by mandatory provisions of law – all the potential uncertainties are resolved in favour of the consumer. In case of non-compliance of these provisions with the regulations above, these regulations are applied.
1.3. The administrator of personal data processed in order to fulfil requirements of these regulations is the Service Provider. Personal data is processed basing on rules indicated in the privacy policy published on the Online shop’s sites. Personal data provision is optional. Every person, of which personal data is processed by the Service Provider, has the right to access their content and the right to update and correct it.
1.4. Definitions:
1.4.1. WORKING DAY– one day from Monday to Friday except for the statutory holiday.
1.4.2. REGISTRATION FORM – a form available in the Online Shop enabling users to create an Account.
1.4.3. ORDER FORM – an Electronic Service, interactive form available in the Online Shop enabling users to place an Order, especially by adding the Products into an electronic basket and by definition of the conditions of the Contract of Sale, including the shipping method and payment.
1.4.4. CUSTOMER – a natural person which has a full capacity to exercise rights, and in cases foreseen by the regulations commonly in force, also a natural person having limited capacity to exercise laws; a legal person or organisation unit which does not have a legal personality, to which the act attributes a legal capacity, which has concluded e or will conclude a Contract of Sale with the Seller.
1.4.5. CIVIL CODE – civil law act from 23rd April 1964 r. (Journal of Laws Nr 16, pos. 93 with later changes).
1.4.6. ACCOUNT – an Electronic Service, marked by an individual name (login) and password given by the Customer, a collection of resources in the teleinformatic system of the Service Provider, in which the customer’s data is collected, including the information about the placed Orders.
1.4.7. NEWSLETTER – an Electronic Service, electronic distributive service performed by the Service Provider via email, which enables all the customers, which use this service, to receive automatically contents of the subsequent newsletter editions including the information about Products in the Online Shop.
1.4.8. PRODUCT – a movable thing available in the Online Shop, which constitutes the subject of the Contract of Sale between the Customer and Seller.
1.4.9. REGULATIONS – regulations of this Online Shop.
1.4.10. ONLINE SHOP – Online Shop of the Service Provider available at: www.sanco-polska.pl.
1.4.11. SELLER; SERVICE PROVIDER – SANCO POLSKA LIMITED LIABILITY COMPANY with its main office in Żywiec (address of the main office and correspondence address : Al. Piłsudskiego 12, 34-300 Żywiec); registered in the Register of Entrepreneurs of the National Court Register under the evidence number KRS 0000409496; the registry court in which the company records are kept is: District Court in Bielsko – Biała, VIII Commercial Division of the National Court Register; capital in the amount of 20.000 zł.; TAX ID(NIP): 5532509592; CRO(REGON): 242784652; email address: biuro@sanco-polska.pl.
1.4.12. CONTRACT OF SALE – Product sales agreement concluded or being concluded between the Customer and Seller by means of the Online Shop.
1.4.13. ELECTRONIC SERVICE – a service provided in the electronic way by the Service Provider in favour of the Customer by means of the Online Shop.
1.4.14. SERVICE RECEIVER – a natural person which has a full capacity to exercise rights, and in cases foreseen by regulations commonly in force, also a natural person having limited capacity to exercise laws; a legal person or organisation unit which does not have a legal personality, to which the act attributes a legal capacity, using or which will use the Electronic Service.
1.4.15. ORDER – a declaration of the Customer’s will made by means of the Order Form leading directly to concluding a Contract of Sale with the Seller.


2.  ELECTRONIC SERVICES IN THE ONLINE SHOP

2.1. In the Online Shop there are available the following Electronic Services: Account, Order Form and Newsletter.
2.1.1. Account – using the Account is possible after having totally concluded two subsequent steps – (1) filling in the Registration Form and (2) clicking the „ Create an Account” field. In the Registration Form it is indispensable to give the Customer’s data: name and surname, address (street, house/apartment number, postal code, city, voivodship, country), electronic email address, telephone number and password. In case of the Customers which are not consumers it is also indispensable to give the company’s name and TAX ID.
2.1.2. Order Form - using the Order Form begins at the moment of adding the first Product into an electronic basket in the Online Shop. The order placement is possible after having totally concluded two subsequent steps – (1) filling in the Registration Form and (2) clicking the „Confirm the Order” field – till that moment it is possible to modify the inserted data (in order to do that it is necessary to follow the highlighted communications and information available on the Online Shop’s site). In the Order Form it is indispensable to give the following data: name and surname, address (street, house/apartment number, postal code, city, voivodship, country), electronic email address, telephone number, Product/s, nr of Product/s, destination, shipping method and payment. In case of the Customers which are not consumers it is also indispensable to give the company’s name and TAX ID.
2.1.3. Newsletter – using the Newsletter consists in checking in the right checkbox while creating an Account – at the moment of creating an Account the Customer is being registered for the Newsletter.
2.2. Using the Electronic Services by the Customer is free of charge.
2.2.1. The Account and Newsletter in the Online shop are provided for undefined period of time.
2.2.2. Using the Order Form is a one-time service and terminates at the moment of placing an Order.
2.3. Technical requirements indispensable for cooperation with the teleinformatic system, used by the Service Provider:
2.3.1. Computer, laptop or other multimedia devices with Internet access.
2.3.2. Access to the email.
2.3.3. Internet browsers: Mozilla Firefox version 29.0 and higher or Internet Explorer version 9.0 and higher, Opera version 7.0 and higher, Google Chrome version 34.0.0 and higher.
2.3.4. Recommended monitor resolution: 1024x768.
2.3.5. Activation of the possibility of saving Cookies files and Javascript installation in the Internet browser
2.4. The customer is obliged to make use of the Online Shop in a way compatible with law and good manners taking at the same time into account the respect for personal rights, copyrights and intellectual property of others.
2.5. The customer is obliged to insert data compatible with the actual state.
2.6. The customer is not allowed to deliver illegal contents.


3. CONDITIONS FOR SALES CONTRACTS

3.1. Publications, advertisements, price lists and other information on Products given on the Online Shop’s sites, in particular their descriptions, technical and utilitarian specifications and prices, constitute an invitation to conclude a contract, in sense of the art. 71 of the Civil Code.
3.2. The Product’s Price visible on the Online Shop’s site is given in polish zloty and includes all the components, VAT tax and duty. The prices, however, do not include potential delivery costs and payments, which are indicated while placing an Order.
3.3. The Product ‘s Price visible on the Online Shop’s site is binding at the moment of placing an Order by the Customer. The price will not be changed independently of the price changes in the Online Shop, which may happen in relation to respective Products after having placed an Order by the Customer.
3.4. Conclusion of the Contract of Sale by means of the Order Form.
3.4.1. In order to conclude a Sales Agreement, at first, it is indispensable to place an Order by the Customer.
3.4.2. After having placed an Order, the Seller immediately confirms its receipt, that implies binding the Customer by its Order and at the same time the Order is received for fulfilment. The confirmation of the Order receipt together with its acceptation for fulfilment consists in sending a proper message to the email address given while placing an Order by the Customer. The email contains at least the confirmation of all the relevant components of the Order, declarations of the Seller about having received the Order and its acceptation for fulfilment. At the moment of having received the above email message by the Customer, the Sales Agreement between the Customer and Seller is concluded
3.5. The consolidation, protection and making available to the Customer the contents of the concluded Sales Agreement consists in (1) providing these Regulations on the Online Shop’s site, (2)sending an email to the Customer ,(see pt. 3.4.2), and also by (3) adding to deliveries the proof of purchase and specification of the concluded Sales Agreement . The Sales Agreement’s content is additionally consolidated and protected in the informatic system of the Online Shop.


4. METHODS OF PAYMENT

4.1. The seller provides the following methods of payment:
4.1.1. Cash on delivery.
4.1.2. Payment by cash, collection in person.
4.1.3. Payment by traditional bank transfer on a seller’s account
4.1.3.1. Bank: ING Bank Śląski S.A.
4.1.3.2. Account number 37 1050 1070 1000 0023 5902 8582.
4.1.4. Electronic payments and payments by credit card via PayU.pl – possible actual methods of payment are defined on the Internet Shop’s site in the section „Methods of payment” and on the Internet site http://www.payu.pl.
4.1.5. Electronic payments via PayPal.com service.
4.2. Transaction settlements with electronic payments and by credit card are performed accordingly to the Customer’s choice via PayPal.com service.
4.3. The electronic payments and payments by credit card are conducted by:
4.3.1. PayU.pl – PayU S.A. company with its main office in Poznan (address of the main office: Grunwaldzka 182, 60-166 Poznań), registered in the Register of Entrepreneurs of the National Court Register under 0000274399, the company records are kept: District Court in Poznań – Nowe Miasto and Wilda in Poznan, capital in the amount of 4.000.000 zł fully paid, TAX ID: 779-23-08-495.
4.3.2. Paypal.com – PayPal company (Europe) S.a r.l. & Cie, S.C.A., 5. 22–24 floor Boulevard Royal, L-2449, Luxembourg.
5. COST, TERM AND SHIPPING METHODS

5.1. The seller provides the following shipping methods or Product Pickup:
5.1.1. Postal parcel delivery (Cash on Delivery).
5.1.2. Courier parcel, Courier parcel (Cash on Delivery).
5.1.3. Collection in person at the address: Al. Piłsudskiego 12, 34-300 Żywiec – working days from 09:00 to 16:00.
5.2. Delivery of the Products is available in the territory of the European Union countries.
5.3. Potential delivery costs are indicated while placing an Order. They depend on the shipping and payment method chosen by the Customer. Delivery costs are also indicated on the Online Shop’s site in the section „Delivery”.
5.4. The delivery term of the Product to the Customer is up to 8 Working Days, unless in the description of the respective Product or while placing an Order there is a shorter term defined. This term should be calculated in this way:
5.4.1. In case of choice by the Customer the bank transfer method, electronic payment or by credit card, - from the day of bank account or Seller’s settlement account recognition.
5.4.2. In case of choice by the Customer the method of payment Cash on Delivery – from the day of Sales Agreement conclusion.


6. CONTRACT TERMINATION CONDITIONS FOR ELECTRONIC SERVICES

6.1. The Service provider and Service Receiver can dissolve the contract of providing Electronic Service in every period of time by a common agreement.
6.2. Contract denouncement for providing Electronic Service:
6.2.1. Continuous, termless contract of providing Electronic Service may be subject to denouncement (e.g. Account).
6.2.2. The Service Receiver may denounce a contract of providing Electronic Service without indicating the reasons by sending a proper declaration in particular via email to the address: biuro@sanco-polska.pl or in writing to the address: Al. Piłsudskiego 12, 34-300 Żywiec. The contract in that case expires after 7 days from the declaration of denouncement (period of notice), unless the sites define a shorter period of notice.
6.2.3. In case of Service Receivers being at the same time consumers the Service Provider may denounce a contract of providing Electronic Service when the Service Receiver objectively infringes the Regulations in a persevering and blatant manner, in particular by delivering illegal contents after inefficient, at least a one-time reprimand to stop or correct the violations with a definition of a proper term. The breach of regulations must be objective and illegal. The contract of providing Electronic Service in that case expires after 21 days from giving to the Customer the Service Provider’s declaration of denouncement (period of notice).
6.2.4. In case of the Customers not being at the same time consumers the Service Provider may denounce a contract of providing Electronic Service immediately and without indicating the reasons by sending a proper declaration to the Customer.


7. CLAIM PROCEEDINGS

7.1. Claims/complaints for non-compliance of the Product with the Sales Agreement:
7.1.1. The basis and area of responsibility of the Seller towards the Customer being a natural person, who acquires a Product for reason not correlated with professional or economic activity, for non-compliance of the Product with the Sales Agreement are defined in particular in the act related to particular consumer sales conditions and act on amendments to the Civil Code of 27 July 2002 r. (Journal of Laws Nr 141, pos. 1176 with later changes).
7.1.2. Remarks regarding non-compliance of the Product with the Sales Agreement and presentation of a special request may be performed in particular via email to the address: biuro@sanco-polska.pl or in writing to the address: Al. Piłsudskiego 12, 34-300 Żywiec. When it is possible and indispensable for evaluation of the Product’s non-compliance with the Contract it should be also delivered to the address above.
7.1.3. The seller will consider the Customer’s request immediately, not later than within 21 days. The response to a claim is sent to the address given by the Customer, unless it is given by the Customer in another way.
7.1.4. In case of Products subject also to guarantee, the Seller informs that the guarantee for the sold consumer good does not exclude, nor limit or suspend the buyer’s rights deriving from non-compliance of the good with the contract.
7.2. Claims related to performing Electronic Services by the Service Provider and other claims related to the Online Shop’s activity:
7.2.1. Claims related to performing Electronic Services by means of the Online Shop and other claims related to Online Shop’s activity the Customer may make in particular via email to the address: biuro@sanco-polska.pl or in writing to the address: Al. Piłsudskiego 12, 34-300 Żywiec.
7.2.2. It is recommended to include in the claim’ s description as much information as possible and circumstances related to the subject of claim, in particular the kind and date of appearance of the incompatibilities and the contact data – it will facilitate and accelerate the consideration of the claim by the Service Provider.
7.2.3. Consideration of a claim by the Service Provider is immediate, not later than within 21 days.
7.2.4. Service Provider’s response to a claim is sent to the address given by the Customer, unless the Customer decides in another way.


8. RIGHT OF WITHDRAWAL FROM AN AGREEMENT

8.1. The Service Receiver being at the same time a consumer, which concluded an agreement at distance, may withdraw from the agreement without giving any reasons, making a proper written declaration within 10 days. To keep this term it is enough to send a declaration before its expiration. The declaration may be sent in particular via email to the address: biuro@sanco-polska.pl or in writing to the address: Al. Piłsudskiego 12, 34-300 Żywiec.
8.2. In case of withdrawal from an agreement, the agreement is considered as not concluded, and the customer is freed of all the obligations. That what has been declared is returned in the unchanged state, unless a modification was necessary in the ordinary course of the company's business. The return should be immediate, not later than within 21 days. If the consumer made any prepayments, the statutory interests are calculated from the date of prepayment.
8.3. The Service Provider/Seller will make a refund to the bank account indicated by the consumer, unless the consumer indicates another way.
8.4. 10 day term, in which the consumer may withdraw from an agreement, in case of Sales Agreement is counted from the day of the Product issue, and when the agreement refers to an Electronic Service from the day of its conclusion.
8.5. The right of withdrawal from an agreement concluded at distance cannot be performed in cases: (1) provision of services initiated by the consumer, before the expiration date, see above in pt 8.1 and 8.4; (2) regarding audio and visual registrations and those registered on informatic data storage media after removal by the consumer their original package; (3) contracts regarding services, for which the price or award depends exclusively on the financial market movement; (4) services defined by the consumer in the order placed by him or tightly related to his person; (5) services, which by their character cannot be returned or of which subject is susceptible to quick damage; (6) press delivery; (7) hazardous games services.


9. REGULATIONS REGARDING THE ENTREPRENEURS

9.1. This point of the regulations and declarations here included regard exclusively Customers not being at the same time consumers.
9.2. In case of Customers not being at the same time consumers the Seller has the right to limit the available methods of payment, and also require making a partial or total prepayment and that happens independently of the method of payment chosen by the Customer in the Order Form and independently of the fact of the Sales Agreement conclusion.
9.3. The Customer not being at the same time a consumer is obliged to perform his obligation arising from the Sales Agreement (i.e. in particular payment and Product pickup) immediately, not later than within 7 days from the day of its conclusion, unless the Sales Agreement constitutes in another way.
9.4. Products being the subject of the Sales Agreement concluded with the Customer not being at the same time a consumer remain the Seller’s property till paying the price and delivery costs arising from the Sales Agreement.
9.5. At the moment of Seller’s issue of the Product to a carrier, the Customer not being at the same time a consumer is charged with profits and burdens related to the subject and becomes responsible for the Product in case of danger of its accidental loss or damage. The seller in that case is not responsible for the loss, defect or damage of the Product occured from its pickup for a carriage till its delivery to the Customer nor for delay in the carriage.
9.6. In case of sending the Product to a Customer by means of a carrier the Customer not being at the same time a consumer is obliged to examine the package in the way and time defined for this kind of packages. If it is declared that during the carriage damage or defect to a Product has been made, he is obliged to perform all duties indispensable to declare the carriers’ responsibility.
9.7. The responsibility of the Service Provider/Seller in relation to a Customer not being at the same time a consumer, regardless of its legal basis, is limited – in case of a single claim as well as for all the claims in total – till the amount of paid price and delivery costs arising from the Sales Agreement. The Service Provider/Seller is responsible in relation to a Service Receiver/Customer not being at the same time a consumer only for typical damages foreseeable at the moment of the contract conclusion and is not responsible for opportunity costs in relation to a Customer not being at the same time a consumer.


10. FINAL PROVISIONS

10.1. Contracts concluded via Online Shop are concluded in accordance with the polish law and in polish language.
10.2. Changes in the Regulations:
10.2.1. The Service Provider has the right to change the Regulations for important reasons i.e.: changes in the law; changes in the methods of payments and deliveries – to the extent in which the changes influence the fulfilment of these Regulations.
10.2.2. Modified regulations bind the Client, if the requirements defined in the art. 384 of the Civil Code were respected, e.g. the Customer was informed in a right manner about changes and he did not denounce the Contract for providing Electronic Service that is continuous within 21 days from the day of the notification.
10.2.3. The changes in regulations will not infringe in any manner the rights acquired by Customers being at the same time consumers and making use of the Online Shop before the day of entrance of changes into force, in particular the changes in Regulations will not influence the Orders already placed or being placed nor influence already concluded or being concluded Sales Agreements.
10.2.4. In case the change in Regulations introduced any new payments or rose the present ones, the Customer being at the same time a consumer has the right to withdraw from the Agreement.
10.3. In matters not regulated by the present Regulations, the following provisions must be respected: Civil Code; Act on providing Electronic Services from 18 Jul 2002 . (Journal of Laws Nr 144, pos. 1204 with later changes.); Act on the Protection of Certain Consumer Rights and on the Liability for Damage Caused by a Dangerous Product of 2 March 2000. (Journal of Laws. Nr 22, pos. 271 with later changes); Act on specific terms and conditions of consumer sale and amendments to the Civil Code of 27 July 2002. (Journal of Laws. Nr 141, pos. 1176 with later changes) and other proper polish law provisions.
10.4. Disaputes between the Service Provider/Seller, and Customer being at the same time a Consumer are subject to proper common courts. Disputes between the Service Provider/Seller, and Customer not being at the same time a Consumer are subject to a proper court related to the main office of the Service Provider/Seller.