Terms & Conditions
TERMS AND CONDITIONS OF THE ONLINE STORE "WWW.AGIOMILANO.COM"
1. Seller - AGIO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (Ltd.), based in Warsaw, with the office on Miączynska 69A, 02637 Warsaw, phone/fax .: 22 521 52 73, e-mail: email@example.com, entered into the National Court Register kept by the District Court for the Capital City Warsaw in Warsaw, 13th Commercial Division, with the National Court Register Number 000331555, REGON - [Business ID. No.] 141900409, NIP [Taxpayer ID. No.] - 5213530641, with share capital of PLN 5000, and the bank account of the following number: 14 1050 1025 1000 0023 4171 4570.
2. Customer – natural person who is at least 13 years of age (whereas in the case of being under 18 years old the consent of that person’s legal representative is required unless he or she has full legal capacity) as well as a legal person or an organizational entity that is not a legal person but that is conferred legal capacity under special provisions and that places or intends to place an order or use other services of the Online Store (including a consumer understood within the meaning of Art. 221 of the Act of 23 April 1964. Civil Code, Journal of Laws No. 16 item. 93 as amended).
3. Online Store, Online Store Agio Milano or Store – online web site available under the address www.agiomilano.com through which a customer can purchase Goods from the Seller.
4. Goods - movable items presented in the Online Store that can be the subject of the sales contract.
5. Registration Form - a service available on the Store’s web site, through which the customer creates an user account by providing his or her personal data and through which he or she can then purchase Goods in the Store.
6. Order Form - a service available on the Store’s web site, through which the customer who does not have a user account can purchase Goods in the Store.
7. Terms and Conditions (T&C) - these regulations of the Online Store.
I. General provisions
2. The following T&C shall define the rules for the conclusion between the Seller and the Customer contracts of the sale of goods by means of remote communication and the use by the latter of the Online Store.
3. In respect of services supplied electronically, these T&C shall be consistent with the rules set out in Art. 8 of the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws of 2002. No. 144, item. 1204, as amended.).
4. To use the services available in the Online Store, a computer system that allows the use of Internet resources, e-mail box and the browser of online resources is required, enabling the display of web pages. It is recommended to use one of the following browsers with the option of "cookies" switched on (cookie files support):
a) Mozilla Firefox 45.0.2 or higher,
b) Internet Explorer 10.0 or higher;
c) Opera 12.0 and 36;
d) Google Chrome 49 or higher.
5. The Online Store offers the following services: Account and Registration Form, Order Form and Newsletter.
6. Account – can be used after completing a total of two consecutive steps - (1) filling out the Registration Form and (2) clicking on the button "Create Account". The Registration Form is necessary to provide the following customer data: name / company name, address (street, house/flat number, postal code, city, district, country), e-mail address, telephone number and password. In the case of customers who are not consumers within the meaning of Art. 221 of the Act of 23 April 1964 (Civil Code Journal of Laws No. 16 item. 93 as amended) it shall also be necessary to provide the company’s name and tax identification number.
7. Order Form – using the Order Form starts alongside adding Goods to the electronic cart in the Online Store. Order shall be placed after completing the Order Form and clicking the button "Order with the obligation to pay" - until then, there is the possibility of self-modify input data (to do this, follow the prompts and information available on the Store’s web site). The Order Form requires providing the following information: company name / name, address (street, house/flat number, postal code, city, district, country), e-mail address, telephone number, Goods, the amount of Goods , place and method of delivery, payment method. In the case of customers who are not consumers within the meaning of Art. 221 of the Act of 23 April 1964 (Civil Code Journal of Laws No. 16 item. 93 as amended) it shall also be necessary to provide the company name and tax identification number.
8. Newsletter – using the Newsletter occurs after submitting in the section "Newsletter", visible on the Online Store’s web site, an e-mail address to which the next editions of the Newsletter will be sent and clicking the button "Subscribe". It is also possible to subscribe to the Newsletter by checking the appropriate box in the course of account setup – upon the creation of his or her account, the Customer shall become subscribed to the Newsletter.
9. The use of electronic services by the Customer shall be free of charge.
10. The services of Account and Newsletter in the Online Store are provided on the indefinite basis.
11. Using the Order Form is one-off and is terminated at the moment of submitting the order via it.
12. For the order to be placed successfully, accurate and real address data need to be provided by the Customer, as indicated in the Order Form or the Registration Form. The same applies to telephone number or e - mail address so that the Seller can contact the Customer.
II. Using the services of the Online Store
1. The condition of using the services of the Online Store is reading and agreeing to these T&C. By placing an order, the Customer accepts the content of these regulations.
2. Information provided in the Registration Form and Order Form shall be up-to-date and correspond to rea life. When false or outdated data is provided, in particular as regards the Customer’s personal data, the Seller shall not be obliged to fulfill the Order. The Customer shall not distribute or share illegal content or infringe the rights of third parties.
3. The Seller shall take the necessary technical and organizational measures to prevent acquisition and modification by unauthorized persons of the data provided by him or her during registration and order placement.
4. In particular, the Customer shall:
a) use the services offered by the Seller so as not to interfere with the functioning of the Online Store, in particular through the use of specific software or equipment;
b) refrain from actions aimed at coming into possession of classified information held by the Seller;
c) use the services offered by the Seller in accordance with the regulations in force as set out by the law of the Republic of Poland, the provisions of these T&C, as well as with the relevant customs;
d) use the services offered by the Seller without major inconvenience to other customers and the Seller with respect to their personal rights (including the right to privacy) and other rights they may enjoy
e) use any content contained in the Online Store only for personal use only.
5. The Seller may deprive the customer the right to use the Online Store in the event of misrepresentation in the Registration Form or Order Form, or in the event of breach of the obligations referred to in Sec. 2.4. above. The Customer who has been deprived of the right to use the services of the Online Store cannot re-register without the prior consent of the Seller.
6. Every offered item of the Goods has its stock availability displayed. In the case of the Goods being out of stock, the Customer will be immediately, but no later than two working days, informed about the impossibility of contract conclusion. The Customer shall also be able to change the order for a product that is available. If the order cannot be completed, and the Goods have been paid for via bank transfer, the refund to the buyer shall take place immediately, but not later than 7 days.
III. Registration and the conditions of placing orders
1. Orders for the goods available in the Online Store shall be placed through the Order Form available in the Store.
2. Orders can be placed via the Order Form around the clock, every day of the week. Orders placed on weekdays after 5 p.m. on Saturdays, Sundays and holidays will be fulfilled no earlier than the next business day. Shipments to customers are sent on weekdays up until 1 p.m.
3. If the Customers registers in the Online Store, the order is placed by logging in to the Store, adding Goods to the cart and confirming the order of the Goods by selecting "Order with the obligation to pay". If the Customers does not register in the Online Store, the order is placed by adding Goods to the cart and then confirming the order of the Goods by selecting "Order with the obligation to pay" and filling out all required data the Order Form required to fulfill the Order, in accordance with the procedure set out on the Store’s web site.
4. The Customer may indicate in his or her order additional data required for VAT invoices if he or she request to have a VAT invoice issued.
5. Placing images of Good on the Store’s web site shall not constitute an offer within the meaning of the Civil Code.
IV. Payment and prices
1. The prices of Goods posted on the Store’s web site:
a) are given in Polish zlotys (PLN),
b) are gross, i.e. inclusive of value added tax,
c) do not include shipping costs, which are specified separately.
2. The customer shall have the right choose the method of payment for the ordered Goods:
a) by cash paid to a person acting on behalf of the carrier to whom the Seller has entrusted the delivery of the ordered Goods (cash on delivery);
b) by bank transfer before delivery. If the Customer chooses to pay in the form of prepayment by bank transfer, the order shall be cancelled upon lack of receipt of the payment in the Seller's bank account within 2 days of the confirmation of the order. Payment by bank transfer shall be made to the Seller's bank account of the following data:
Account holder: AGIO Sp. z o.o.
Bank name: ING Bank Śląski SA
Account number: 14 105010251000002341714570
c) by electronic bank transfer - payment via the company PayPro S.A. located in Poznań, with the office on Kanclerska 15, 60327 Poznan, which operates the Przelewy24 payment agency and is the settlement partner of the Seller. After choosing this payment option after placing the order, the Buyer is redirected to an external system of Przelewy24 and should follow the instructions contained there. The operator of payment cards is PayPro S.A. Agent Rozliczeniowy, with the office on Kanclerska 15, 60327 Poznan, entered into the National Court Register kept by the District Court for the city of Poznan - Nowe Miasto and Wilda in Poznan, 8th Commercial Division of the National Court Register, under the National Court Register number 0000347935, NIP [Taxpayer ID. No.] - 7792369887, REGON [Business ID. No.] - 301345068.
3. The Seller reserves the right to change prices of Goods and cancel promotional campaigns and sales or modify them. The right above shall not affect the prices of Goods in orders placed before the date of entry into force of the price change or the conditions of a promotional campaign or sale.
4. Sales in the Online Store cannot be joined unless the rules of the offers states otherwise.
V. Order fulfillment
1. Upon order placement by the Customer comes, the contract of sale of the Goods is concluded. After placing an order, the customer receives an e-mail with a summary of his or her Order and information about the registration of the Order in the Store, as well as other information required by law.
2. Upon receipt by the Customer of the confirmation of successful order submission, the Seller commences the process of order fulfillment.
3. The indicative term of the contract is 3 working days and depends, among other things, on:
a) the payment method chosen by the Customer – in case of "prepayment" performance of the contract begins after the payment for the Goods and shipping has been transferred to the Seller’s bank account;
b) the availability of Goods.
4. The cost of shipping the Goods shall be borne by the Customer and shall be added to the price for the selected product. This cost is indicated to the Customer before he or she submits the order. The amount of this cost may depend on the method of delivery chosen by the Customer (e.g. courier service) and the payment method selected by the Customer (e.g. cash on delivery).
5. The products shall be delivered to the address indicated in the Republic of Poland through a shipping company. The estimated time of delivery of the Goods by the carrier is 1 business day from the day of dispatch.
6. Goods covered by the Order shall be delivered to the Customer together with the documents confirming the conclusion of the contract of sale, that is:
a) fiscal receipt or VAT invoice if the customer has requested the latter when placing the order and provided the necessary data for it to be issued, and
b) the information referred to in Art. 12 Sec. 1 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws item. 827).
7. Content of the sales contracts concluded in the Store shall be stored by the Store’s computer system for at least 3 months after the conclusion of each contract, and the content of these agreements shall be made available only to the parties or at the request of authorized public authorities in accordance with the law. Every Customer who has gone through the registration procedure can – after signing in - access all his or her sales contracts concluded in the Store for a period of their storage in the Store’s computer system referred to above.
8. The Seller hereby agrees to deliver goods without defects.
9. It is recommended for the Customer to verify the condition of the Goods shipped upon their receipt. receiving the shipment of the Goods, checked her condition.
VI. The right to withdraw from the contract (only applies to Customers who are consumers within the meaning of Art. 221 of the Act of 23 April 1964. Civil Code, Journal of Laws No. 16, item. 93, as amended)
1. In accordance with the provisions of the Act of 30 May 2014 on Consumer Rights (Journal of Laws, item. 827), in the case of contracts concluded at a distance, within 14 days of receipt of the Goods ordered, the Customer shall have the right to withdraw from the contract without stating any reason and at no cost (subject to the provisions below) and return the Goods to the Seller.
2. The Customer shall have the right cancel the contract by submitting a statement to the Seller to withdraw from the contract. The statement of withdrawal from the contract can be submitted via a form such as one attached hereto. The statement of withdrawal from the contract, along with the returned Goods, shall be sent by the Customer to the Seller’s address, i.e. AGIO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Miączyńska 69A, 02637 WARSAW (POLAND)
3. The period of 14 days indicated above shall be counted from the day on which the Goods have been delivered to the Customer. To meet the deadline it is sufficient that the Customer sends the relevant statement before it expires.
4. In the event of cancellation of the sale of Goods concluded at a distance, the contract shall be considered null and void
5. The Seller shall immediately, and not later than 14 days from the date of receipt of the declaration from the Customer to withdraw from the contract, refund all payments made by the latter, including the price for the Goods and shipping costs.
6. Goods returned by the Customer shall be appropriately packaged so as to ensure it does not get damaged during transportation. If possible, Goods shall be in their original packaging. They shall be returned with complete equipment and accessories as well as documents issued upon sale (e.g. labels, manuals) and if possible also with the proof of sale (receipt or invoice) to the address indicated above, i.e. AGIO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Miączyńska 69A, 02637 WARSAW (POLAND)
7. The direct costs arising from the returning of the Goods shall be borne by the Customer. The Seller shall bear the cost of returning the Goods only in the case of prior express consent by the Seller to incur costs other than direct for returning the Goods.
8. The right of withdrawal from the contract shall not granted to the consumer in the cases specified in Art. 38 Sec. 1 of the Act of 30 May 2014 on Consumer Rights, among other in relation to the following agreements:
a) for the provision of services if the trader has performed the service in full, with the express consent of the consumer who has been informed before the provision that they will lose the right to withdraw from the contract upon service provision;
b) those whose object is a non-prefabricated item manufactured according to the specifications of the consumer or to meet his or her individual needs;
c) the object of which are items that, due to their nature, are inextricably linked to other items upon delivery.
9. If the customer exercises the right to withdraw from the contract of sale of the Goods after requesting the commencement of service provision by the Seller but before the deadline for withdrawal, the Customer shall pay for the services fulfilled until withdrawal.
10. The Seller shall refund the Customer the payment for Goods returned by the latter within 14 days from the date of delivery to the Seller the declaration of withdrawal from the contract. The seller shall have the right to withhold the reimbursement until the Goods have been returned or until the Customer has submitted the proof of dispatching the Goods.
VII. Liability for defected goods and complaints
1. The Seller shall be liable to the Customer who is a consumer within the meaning of Srt. 221 of the Act of 23 April 1964 (Civil Code, Journal of Laws No. 16 item. 93 as amended) for defects (both legal and physical). Goods purchased by the Customer, to the extent specified by the Civil Code’s Journal of Laws of 1964. No. 16, item. 93 as amended. (Art. 556 of the Civil Code and more)
2. In the case of defects, including defects involving non-conformity (physical defect), the Customer shall have the right to lodge a complaint. The Goods subject to complaints shall be returned to the Seller, i.e. to AGIO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Miączyńska 69A, 02637 WARSAW (POLAND), at the expense of the Seller, whereas in the event of notification of the Seller by the Customer of the complaint, the Seller hereby agrees receive the defected product by private courier from the place of its delivery to the Customer.
3. The Seller shall respond in writing to the Customer’s complaint within 14 days of receipt of the statement.
4. The Seller shall inform the Customer about the possibility of using extrajudicial means of dealing with complaints related to Goods, including by placing the customer at the end of the complaint procedure of the request for mediation or request for consideration of the case before the arbitration court (the application can be downloaded from http://www.uokik.gov.pl/download.php?plik=6223). The List of Permanent Consumer Courts of Arbitration operating at District Inspectorates of Trade Inspection is available on: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Extrajudicial redress after the complaint procedure is free of charge.
VIII. Personal data
In accordance with the amendment of the provisions on the protection of personal data and the application as of 25 May 2018 of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons 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) "GDPR", we announce that:
1. The Administrator of Personal Data [w1] collected via the Online Store is AGIO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIA, with its registered office in Warsaw (office and correspondence address: Miączyńska69A, 02637 Warsaw, Poland); entered in the Register of Entrepreneurs of the National Court Register under the number KRS 0000331555; registry court in which the company's documentation is kept: District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Department of the National Court Register; share capital in the amount of PLN 5,000.00; NIP (Tax ID): 5213530641; REGON: 141900409; email address: firstname.lastname@example.org
2. The Seller shall process personal data for the purposes of:
(1) the sale of products offered by the Company - the legal basis for data processing is the performance of the contract (Article 6.1.b. of the GDPR),
(2) marketing - the legal basis for data processing is consent (Article 6 .1.a. of the GDPR),
(3) consideration of complaints, investigation and defense in the event of mutual claims - the legal basis for data processing is the legitimate interest of the Company - (Article 6.1.f. of the GDPR),
(4) sending commercial information by electronic means - only upon the consent of the User - the legal basis for data processing is consent (Article 6 .1.a. of the GDPR).
3. Providing personal data shall be voluntary but necessary in order to conclude a contract with the Seller.
4. Personal data shall be processed for the period necessary for the performance of the contract, and after this period for the purposes and for the time, and to the extent, required by law or to secure any claims, or until the consent is withdrawn.
5. Recipients of personal data shall be:
(1) entities supplying and supporting the Seller's ICT systems to operate websites, and entities providing services related to the current operations of the Seller,
(2) entities providing product delivery services,
- on the basis of relevant agreements concluded with regard to entrusting the processing of personal data.
6. Each person, to the extent resulting from the provisions of the legislation in force, shall have the right to access their data and correct, delete or limit their processing, as well as the right to object to the processing of data, the right to transfer data, and the right to withdraw consent at any time. Withdrawal of consent shall not affect the legality of the processing, performed on the basis of consent prior to its withdrawal.
7. In case of any doubts related to the processing of personal data, each person may request the Seller to provide information. Notwithstanding the foregoing, every person shall have the right to lodge a complaint with the supervisory body.
X. Final provisions
1. The Seller reserves the right to amend these T&C at any time. Amendments to the T&C shall apply to the Customer from the moment of their acceptance (via pre-contractual downloading). Amendments to the T&C shall not apply to orders placed before such change and the order is then fulfilled on the basis of the provisions of the T&C in force at the time of placing the order by the Customer.
2. In all matters not regulated in these T&C, the provisions of the Act of 30 May 2014 on consumer rights shall apply. The provisions of these T&C shall not affect the rights of the consumer regarding non-conformity. The provisions of these T&C shall be interpreted in a way that ensures their compliance with applicable laws.
The outlined Terms and Conditions come into force on 25 December 2014.
Annex 1. Information concerning the exercise of the right of withdrawal.
MODEL INSTRUCTIONS ON WITHDRAWAL FROM THE CONTRACT
Right of withdrawal
You have the right to withdraw from this contract within 14 days without stating any reason.
The deadline to withdraw from the contract will expire after 14 days from the date on which you, or a third part other than the carrier and the one indicated by you, acquires possession of the items.
To exercise the right of withdrawal, you must inform the Online Store Agio Milano about your decision to withdraw from this contract by an unequivocal statement by letter sent by post to the following address: AGIO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Miączyńska 69A, 02637 Warsaw (Poland).
You can use the model withdrawal form, but it is not mandatory. You can also fill in and submit the model withdrawal form or any other unequivocal statement electronically through our web site [www.sklep.agiomilano.com]. If you use this option, we will confirm the receipt of your withdrawal via a durable medium (such as electronic mail).
To keep the deadline for withdrawal, simply submit the information on your wish to exercise the right of withdrawal from the contract before the deadline for withdrawal expires.
Effects of withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery of goods (with the exception of the additional costs resulting from the choice of a particular type of delivery other than the least expensive normal delivery option offered by us) immediately and in any event no later than 14 days from the day on which we are informed about your decision to exercise the right to withdraw from this contract. Reimbursement of payments will be done using the same payment method that you used for the initial transaction, unless expressly agreed otherwise; in any case, you will not incur any fees in connection with this reimbursement.
We will pick up the item through private courier sent by us to the place of delivery of the goods in accordance with the order and we will bear the costs of that pick-up.
Your only liability concerns the decreased value of items resulting from the using in a manner different than necessary to establish the nature, characteristics and functioning of the item.
Annex 2. Model withdrawal form
(to be filled out and returned only if you wish to withdraw from the contract)
- Recipient: AGIO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, based in Warsaw,
Address Miączyńska 69A, 02637 Warsaw (Poland), phone / fax .: 22 521 52 73, e-mail: email@example.com
- I/We(*) .........................................................................................................................hereby notify of my / our (*) withdrawal from the contract of sale of the following item / items (*):
- Date of receipt.....................................................................................................................
- Full name of consumer(s) ......................................................................................
- Address of consumer(s) .....................................................................................................
- Signature of consumer(s) (only if the form is submitted in paper form)
- Date ..................................................................................................................................
(*) Cross out as appropriate