Regulations of shop “Argument”.

regulamin-sklepu-jp2

§ 1. General resolutions

  1. 1. The regulations herein, hereinafter referred to as the ”Regulations”, define the principles of availing of the website found at the URL address https://www.argumentshop.pl, hereinafter referred to as the “Shop”
  2. 2. The shop is conducted by F.P.U.H. „Jan-Pol” BIS, seated in Częstochowa at ul. Sikorskiego 34a (42-200), entered into CEiDG under
    the number 1971,NIP (Tax Identification Number) 949-005-97-60,, REGON (National Business Registry) 150533214, hereinafter referred to as the “Administrator”.
  3. 3. The address of the Shop and contact data: website address – www.argumentshop.pl e-mail –sklep@argumentshop.pl , phone: 518087332 .address for correspondence – 42-200 Częstochowa ul.
    Sikorskiego 34a
  4. Every person should become familiar with the Regulations prior to availing of the Shop.
  5. 5. Making purchases in the Shop requires the Client to possess an active and effective email account.

§ 2. Definitions

The notions used in the Regulations signify the following:

Shop – the online shop operating at the address of www.argumentshop.pl, conducting the sales of products remotely.

Client – each entity making a purchase on the Online Shop in accordance with the contents of the Regulations, including a Consumer and an Entrepreneur.

User – each entity availing of the Internet, who enters the website of the Shop.

Account of Client – fields containing data relating to the subject of the transaction conducted,
as well as the instrument serving the execution of the orders submitted by the Client.

Newsletter – a service conducted by the Online Shop on behalf of the User, who expressed approval for the Newsletter to be sent, which involves sending all information relating to the activities of the Online Shop to such Users, following the voluntary transfer by the User of the e-mail address, name and surname.

Consumer – a physical entity conducting legal activities with an entrepreneur that is not directly associated with its business or professional activities.
Entrepreneur – a physical entity, legal entity or individual that does not possess legal personality and who conducts legal activities on his behalf within the framework of business or professional activities.

Working days – the days of the week between Monday and Friday, apart from days that are free by law.

Regulations – the document herein, which defines the conditions and principles of availing of the Online Shop and purchasing products on it.

Registration – voluntary transfer of data by the Client of the Shop which involves the completion of a form available in this Shop.

§ 3. Types and scope of activities of the Shop

  1. 1. By means of the Shop, sales of an assortment of leatherware accessories are conducted remotely with the aid of the Internet (ladies’ handbags).
  2. 2. The items offered are new, unused and executed on the basis of orders from the Clients.

§ 4. Policy of privacy

  1. 1. By means of completing the purchase form and ticking the window with the appropriate
    declaration, the Client expresses approval for the collection and processing of his personal data in accordance with the Act
    relating to the protection of personal data dated 29 August 1997 (Law Gazette dated 2002 No. 101, pos. 926 with amendments) by the
    Administrator with the necessary aim of executing the resolutions of the Regulations herein
    and the services rendered on its basis.
  2. 2. The Administrator of the personal data is F.P.U.H. „Jan-Pol” BIS, seated in Częstochowa at ul. Sikorskiego 34a (42-200), entered into CEiDG under
    the number 1971,possessing NIP (Tax Identification Number) 949-005-97-60, REGON (National Business Registry) 150533214.
  3. 3. The Data Administrator is entrusted with the processing of data of Adele Ochman, contact data: 518 087 332.
  4. 4. The Administrator is authorized to reveal the personal data only to authorized entities on the basis of the appropriate legal regulations, in accordance with the resolutions of the Regulations and the binding legal regulations.
  5. 5. The User has the right to have an insight into and modify his personal data at any moment, as well as its immediate removal after notifying the Administrator who carries out the modification or total removal of data at the request of the User.
  6. 6. Only the data provided by the Client on a voluntary basis is collected. The data is processed with the aim of executing the resolutions of the Regulations herein, particularly in the case of the following:
    • entering a sales agreement for the ordered goods,
    • delivering the Client the goods for which the Client submitted an order,
    • issuing a document confirming the execution of a sales transaction for goods,
    • 4. booking a transaction in the bookkeeping system of the Shop for the period of time required by the legal regulations, as well as storing the personal data in the bookkeeping system in order to
      ensure the history of trading transactions conducted by the Shop,
    • storing the personal data of a Client in the database of Clients.
  7. With the additional consent granted by the Client, the personal data collected may also be availed of in terms of promotion and marketing aims, particularly with the aim of presenting Clients the offer of the Shop, as well as other marketing information associated with the Shop.
  8. In the case of a subscription to the newsletter and the expression of consent to receive it in the process of registration, or submission of an order (expression of consent to receive trading information by electronic means), it is only necessary to provide the e-mail address which the trading information shall be sent by the Administrator. The Client may revoke this approval at any moment by logging into his account on the website of the Shop or by clicking on the link annulling the subscription
    to be found at the footer of every newsletter.
  9. The data provided during the course of submitting an order is also processed by the following entities in the scope provided: the name and surname, address, phone number, e-mail indicated as the delivery address are transferred to the forwarding firms in the form of labels/bill of lading as the
    commissioning of the delivery of the package. Depending on the chosen type of delivery, the data is transferred to the following entities:
    • DPD courier;
    • Poczta Polska (Polish Post Office).
  10. The Client has the right to gain access to the contents of his personal data at any moment, as well as the right to correct it and demand its removal.
  11. The Administrator informs that the Client does not have the obligation to provide his personal data, albeit, the refusal to provide it would render the correct execution of the services defined in the Regulations and services stipulated in the agreement entered by the Shop and the Client impossible.
  12. The data collected is subject to careful protection in accordance with the binding regulations. The Administrator makes every effort in order for the stored data to have the appropriate degree of security.
  13. Cookies are used in the Shop. During visits by the Client to the Service of the Shop, the system of the Shop sends at least one file of Cookies to the computer of the Client with the aim of unequivocally identifying the browser. The server of the Shop automatically registers the information sent by the browser of the Client during the time period of visiting the website. Server logs may contain information such as network requests, IP address, type and language of browser, date and hour of transmitting request. This information facilitates the enhancement of the quality of our services thanks to identifying and storing the preferences of the Clients, as well as following the trends, such as for example the ways in which our website is searched. The Client may forbid the receipt of Cookies, by means of which he would remain anonymous, albeit, by not allowing the registration of Cookies the Shop would not be able to identify the Client, or his preferences. Detailed information on the subject of Cookies has been stipulated in the Policy of Cookies available in the bookmark of Cookies.
  14. The Shop informs the Clients that the services offered are rendered by means of the public network of the Internet. With relation to the aforesaid, the Shop draws the attention of the Clients to the fact that availing of the services of the Shop may be associated with the risk connected with the interference of third parties in terms of the data transferred by means of the Internet between the Shop and the Client.
  15. Information relating to the principles and ways of recording, securing and providing access to the contents of the agreement entered into by the Shop to the second party:
    • Recording, securing and providing access to the contents of the agreement entered into follows the transfer of an appropriate e-mail message after entering the Sales Agreement.
    • Recording, securing and providing access to the contents of the agreement entered into follows the transfer of the contents of the agreement or transfer of the specifications of the Order, as well as the proof of purchase to the email address provided for the Client.
    • The contents of the agreement entered is additionally recorded and secured in the ICT system of the Service Provider and access is provided on each request of the Client.

§ 5. Technical requirements

  1. With the aim of the correct and uninterrupted use of the Shop, the final station/ equipment of the Client should fulfil the minimum technical requirements listed below.
    • Active Internet connection,
    • Acceptance of Cookies and Java scripts switched on,
  2. The Shop is not obliged to provide any of the afore-mentioned equipment and/or software,
  3. The software installation, as stipulated in paragraph 1, is the subject of a separate licence agreement between the Client and the licence-provider.

§ 6. Comments

If you leave a comment, its contents and metadata shall be stored for an indefinite period of time. Thanks to this, we are able to recognise and acknowledge further comments automatically without sending them for moderation each time.

For Users that register on our website (if there are such people), we also store personal information entered into the profile. Each User may carry out an inspection, make a correction or delete his personal information at any moment (not counting the name of the User, which can not be changed). The Administrators of the website may also browse and modify this information.

§ 7. Principles of making purchases

  1. The Shop presents the Client with the following information prior to confirming the purchase:
    • a precise description of the particular product and its features;
    • the combined price for the products ordered, together with the tax, while also the charges for transport, delivery or postal services in the form of the sum total for the order with the chosen
      option of delivery (the exception here is that of orders from abroad);
    • relating to the method and date of payment;
    • relating to the method and date of fulfilling the services by the entrepreneur.
  2. Making a purchase of a Product does not require registration in the Shop.
  3. Submitting orders takes place with the aid of a form that is available on the website of the Shop after pressing the button –“I am ordering with the obligation of payment” under the description of the particular product, or in the summary of the list/basket of purchases, in which the Client provides the following data:
    • Name and surname, or name of firm,
    • Email address,
    • Phone number,
    • NIP (for clients – entrepreneurs),
    • Address data for delivery.
  4. The Client submits the order after becoming familiar with the information stipulated in the contents of the Regulations of the Shop, as well as the information stipulated in paragraph 2, which shall be displayed in an electronic form in the final stage of completing the electronic form preceding the expression of the desire to become bound by agreement by means of clicking the button “I am ordering with the obligation of payment”. After reading the accumulated information specified for the particular order of the Client, the Client expresses the desire to become bound by agreement by means of clicking the button “I am ordering with the obligation of payment”.
  5. All prices provided on the website of the Shop are displayed in Polish zloties and include VAT tax. The price displayed in the basket for the order being submitted takes account of the costs of delivery in accordance with the option chosen by the Client.
  6. The Shop is obliged to deliver the items free of defects.
  7. The order is acknowledged to be accepted for execution by the Shop after the order submitted by the Client has been confirmed:
    • Confirmation of the acceptance of the order is sent automatically after the order has been submitted by the Client;
    • The Shop may stop the acceptance of the order in a situation of doubt over the accuracy or reliability of the data provided by the Client in the registration form. In such a case, the Shop immediately contacts the Client with the aim of clarifying the subject matter of doubt.
    • In the case of the unavailability of some of the products stipulated in the order, the Client is informed immediately. The Client decides whether the order may be partially executed, or annulled entirely.
  8. The Client and the Shop are bound by the price of the Product that is binding at the moment of making the order.
  9. The following methods of payment are accepted in the Shop:
    • payment on receipt when receiving the delivery by means of the postal operator or courier firm,
    • normal bank transfer to the following account number: PKO BP 50 1020 1664 0000 3502 0441 7176,
    • system of electronic payments.
  10. The date for making the payment amounts to 2 working days from the day of accepting the order for execution.
  11. The Agreement is acknowledged to be entered into at the moment of confirming the acceptance of the order in the case of choosing the payment on receipt, or the moment of making the payment by the Client, after prior receipt of the confirmation of the order for execution.
  12. The ordered goods are delivered to the Client within 30 working days:
    • from the moment of booking the due payment for the product in the case of choosing the payment in advance,
    • from the moment of confirming the acceptance of the order for execution in the case of choosing the payment on receipt.
  13. Deliveries are sent by means of the courier firms DPD, or Poczta Polska. The costs of delivery have been included in the cost of the product. The cost of deliveries abroad is established on an individual basis with the Client, depending on the destination of delivery.
  14. In the case of ordering several items of goods, the goods are in principle packed collectively in one delivery package, unless when choosing the way of delivery the Client indicates another way of packing and ticks the option of separate delivery for each product.
  15. The Client shall be notified by email with regard to the delivery of goods. In choosing the delivery by courier, the Client receives a delivery number by email.
  16. The maximum deadline for deliveries in accordance with the Act on consumer rights is up to 30 days. In the case of exceeding the deadline indicated in the previous sentence, the Consumer has the right to allow the seller additional time. If the goods have still not been dispatched, the Client may withdraw from the agreement.
  17. If the goods are to be dispatched by the Shop to the Client as a Consumer, the danger of accidental loss or damage to the items (goods) passes to the Client at the moment of handing them over to the Client. Handing over the items (goods) is deemed to be entrusting them to the forwarding firm on the part of the Shop, if the Shop had no impact on the choice of the forwarding firm for the purchaser.
  18. The Shop sends an information form, together with the product (instructions on withdrawal from agreement), as well as a form for withdrawing from the agreement – the form constitutes appendices no. 1 and no. 2 of the Regulations herein.
  19. The Client shall be notified of the delivery of the goods by email. In choosing the delivery by courier, the Client receives a delivery number by email.
  20. A receipt confirming the purchase made is sent together with the Product. A VAT invoice is issued at the request of the Client. The Client is obliged to provide complete data that is necessary for the appropriate issuance of a VAT invoice:
    • Name and surname/firm;
    • Place of residence/headquarters,
    • NIP number (in the case of a firm),
    • Order number,
    • Address for correspondence.

    Each Client that registers and/or makes an order expresses consent to receive information associated with the course of the execution of the transaction, notifications of the changes in the Regulations herein at the email address are provided.

  21. Other information relating to the activities of the Service, while also including trading information about new products or services provided by the Service, promotions of the Service, as well as partners of the Administrator that promote products shall only be sent to those Clients who expressed consent for such information.

§ 8. Complaints

  1. In the sphere of complaints, the Client as the Consumer may execute his right as stipulated by the regulations of the civil code dated 23 April 1964 (Law Gazette no. 16, pos. 93 with amendments), as well as the
    Act dated 30 May 2014 relating to consumer rights (Law Gazette 2014 pos. 827 dated 24 June 2014).
  2. The Shop is liable to the Client in terms of warranty if the item(goods) sold have a physical or legislative defect. A physical defect involves the non-conformity of the items (goods) sold with the agreement. In particular, the items (goods) sold are not in compliance with the agreement if:
    • there are no doubts which attributes an item of this type should have with regard to the aim stipulated in the agreement, or resulting from the circumstances or designation;
    • the item does not match the aim which the Client informed the Shop about when entering the agreement, while the Shop failed to declare any reservations about such a designation;
    • the item was issued to the Client in an incomplete state.
  3. Complaints relating to the goods ordered may be made by email to the following address: reklamacje@argumentshop.pl, or by registered mail to the following address: ul. Sikorskiego 34a Częstochowa 42- 200.
    200
  4. In making a complaint, we kindly ask you to provide the following data: the name and surname of the Client, the address, the data facilitating the identification of the sale (e.g. the login, order number, date of transaction), the subject matter and cause of complaints, contact data.
  5. In defining the way of executing the liabilities of the Shop in the sphere of complaints made in terms of the physical or legislative defects of the items sold, the Client as a consumer has the right to make a declaration relating to a price reduction, or withdrawal from the agreement, unless the Shop
    replaces the defective item with an item that is free of defects or removes the defect immediately and without excessive inconvenience for the Client. This restriction is not applied if the item has already been replaced or repaired by the seller (the Shop), or the Shop failed to fulfil the obligation to replace the item with one free of defects or remove the defect.
  6. If the Client is a Consumer, instead of the removal of defects proposed by the Shop it may demand a replacement of the items with items free of defects, or instead of the replacement of the items may demand the removal of the defects, unless making the items in compliance with the agreement in a manner that is chosen by the Client is impossible, or would require excessive costs in comparison with the way proposed by the Shop.
    In the evaluation of the excessiveness of costs, the value of the items free of defects is taken into account, as well as the type and significance of the claimed defects, while also the inconvenience caused to the Client in terms of other ways of the fulfilment of the needs.
  7. The reduced price should be in proportion to the price resulting from the agreement, while also in terms of the value of the items with the defect as opposed to the value of the items without the defect.
  8. The Client may not withdraw from the agreement if the defect is insignificant.
  9. The complaints made by the Client shall be reviewed within a deadline of 14 days from the moment of their submission. The lack of declaration within this deadline is deemed to be an acknowledgement of the claims submitted by the Client.
  10. The Client shall be informed of the decision relating to the complaint filed in the same way as the complaint was sent, unless the Client reserves the right for another form of contact. The settlement of the complaint shall be additionally sent in electronic form to the email address indicated by the Client.
  11. In the case of the positive settlement of the complaint, the Shop sends the Client goods that are free of defects, or the defect has been removed in a sensible time period. If the repairs or replacement for a new product are not possible due to the reasons stipulated in paragraphs 5 and 6, the Shop shall reduce the price or refund the equivalent of the price of the product by way of the appropriate approach to the alternative demands of the Client.
  12. The right of warranty is exclusively for Clients that make purchases as Entrepreneurs.
  13. The period of guarantee constitutes 2 years ( say: two years).
  14. The guarantee does not encompass mechanical damage to the leather, mechanical damage to the zips, as well as normal marks of use of the goods resulting from the natural processes of wear and tear.

§ 9. Withdrawal from agreement by the consumer

  1. In accordance with the Act dated 30 May 2014 relating to consumer rights (Law Gazette 2014 pos. 827) the Client as a consumer has the right to a written withdrawal from the agreement without stating the reasons for doing so within a deadline of 14 days from the day of dispatching the items when the Client came into possession of the items, or when a third party that is not the forwarder indicated by the Client came into possession of the items. In order to adhere to the 14 days deadline, as stipulated in par. 1,
    1, it is sufficient to send a declaration of the withdrawal before it expires. This declaration may be submitted in a form, of which a sample has been attached in the appendix to the Regulations herein, as well as being attached in a paper version with the delivery of the product by the Shop. Availing of this form is facultative.
  2. In accordance with art. 38 of the Act relating to consumer rights, the right to withdraw from the agreement entered remotely in accordance with this Act shall not be allowed for the consumer in the following cases:
    • the provision of services if the entrepreneur fully executed the services with the clear consent of the consumer, who was informed prior to the commencement of the provision of the services that after the provision of the services he would lose the right to withdraw from the agreement;
    • in which the price or remuneration depends on the fluctuations on the financial market of which the entrepreneur has no control and which they may submit a withdrawal prior to the deadline of withdrawing from the
      agreement;
    • in which the subject of the provision of services is a non-prefabricated item, which is produced according to the specifications of the consumer, or serving to fulfil his individualized needs; additional services or items; entered by way of public auction;
    • in which the subject of the provision of services is an item that is subject to fast decay or has a short shelf life; i
    • n which the consumer clearly demanded that the entrepreneur comes to him with the aim of executing urgent repairs or conservation; if the entrepreneur provides additional services than those which
      the consumer demanded, or delivers items that are different to the spare parts necessary to carry out repairs or conservation, the right to withdraw from the agreement is granted to the consumer with reference to the
      additional services or items;
    • entered by way of public auction;
  3. In the case of withdrawing from the agreement, the Client is obliged to return the goods to the following address: F.P.U.H. „Jan-Pol” BIS, seated in Częstochowa at ul. Sikorskiego 34a (42- 200), or transfer them to a person authorized by the Shop to receive goods immediately, however no later than 14 days from the day of withdrawing from the agreement, unless the Shop proposes that he will take them away himself. The goods for sending back should be packed in a way that renders the damage to the goods during transportation impossible.
  4. In the case of the Client availing of such rights, as stipulated in paragraph 1, the direct costs of returning the goods shall be covered by the Client.
  5. In the case of withdrawing from the agreement herein, the Client is reimbursed for all the payments received from him, including the costs of delivering the items (with the exception of the additional costs resulting from the chosen method of delivery by the Client that was different to the cheapest method of delivering the goods offered within the framework of the delivery of goods available in the Shop), immediately and in any case no later than 14 days from the moment in which the Shop was informed of the decision of the Client to execute his right to withdraw from the agreement with the Shop.
  6. The refunding of payment is conducted by the Shop with the use of the same method of payment as used by the Client, unless the Client clearly agrees to another form of refunding, which does not bind him with any costs.
  7. The Shop may stop the reimbursement of costs until the moment of receiving the goods (items) for returning, or until the moment of providing the proof of returning the goods with relation to withdrawing from the agreement, regardless of the fact of which aspect happens first.
  8. If a Client as a consumer chose the method of delivering the items (goods) that was different from the cheapest way of delivering goods offered by the entrepreneur (this relates to the way of the first delivery to the Client), the entrepreneur is not obliged to refund the Client the additional costs incurred by him.
  9. The consumer bears the liability for reducing the value of the items as a result of using them in a manner that was different to the way that was necessary to state the nature, features and functioning of the items.

§ 10. Final resolutions and description of possibilities of availing of out-of court ways of reviewing complaints and claiming damages

  1. The resolutions of the Regulations herein are not aimed at excluding, nor restricting any of the rights of the Client as a Consumer that are determined by the binding
    legal regulations. In the case of non-conformity of the resolutions of the Regulations herein, together with the afore-mentioned regulations, the aforesaid regulations have priority.
  2. In cases that are not regulated by the Regulations herein, the regulations of Polish law are applied, particularly including the Act dated 30 May 2014, relating to consumer rights (Law Gazette 2014 pos. 827 dated 24 June 2014), as well as the Act dated 23 April 1964 of the Civil Code (Law Gazette 1964 no. 16 pos. 93 with amendments).
  3. Information on the sphere of the possibilities of the Client as a consumer availing of the extrajudicial ways of reviewing complaints and demanding damages, while also the principles of access to these procedures which are available in the headquarters, while also on the websites of administrative districts (urban)
    spokespeople of consumers, social organizations, to which the statutory demands encompass the protection of consumers, Provincial Inspectors of Trading Inspections, as well as the following online addresses of the Office of Protection of Competition and Consumers:
    • http://www.uokik.gov.pl/spory_konsumenckie.php;
    • http://www.uokik.gov.pl/sprawy_indywidualne.php;
    • http://www.uokik.gov.pl/wazne_adresy.php;
      A Client as a consumer possesses among other things, the following possibilities of availing of the extrajudicial
      ways of reviewing complaints and demanding damages:
    • The Permanent Consumer Arbitration Court operating under the Trading Inspection – the possibility of submitting an application relating to the settlement of a dispute accruing from the Sales Agreement entered;
    • The Provincial Inspector of Trading Inspection provides the possibility of submitting an application for the commencement of mediation proceedings in terms of the issue of concluding the dispute between
      the Client and the Shop;
    • The administrative district (urban) spokesperson for consumers or a social organization, to which the statutory tasks include the protection of consumers (among others, the Federation of Consumers, the Society of Polish Consumers). Advice is provided by the Federation of Consumers on the free consumer helpline of: 800 007 707, while also by the Society of Polish Consumers at the email address of: porady@dlakonsumentow.pl.
    • The platform Online Disputes Resolution (ODR) is available at the following address: http://ec.europa.eu/consumers/odr/
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