General Terms of Sale
GENERAL TERMS OF SALE FOR THE CUSTOMERS OF OLE.PL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA
Thank you for your interest in our products. We are inviting you to get acquainted with the general terms of sale of products. These General Terms of Sale regulate only the rules and ways of placing Orders and entering into Agreements in a different way than through the Order Form in the Online Store, in particular via e-mail and a contact telephone number.
The formula of these general terms of sale (hereinafter referred to as "GTS") assumes setting general rules and conditions applicable to orders placed for our products, conclusion and implementation of sales agreements between us and you, including placing an order and concluding a sales agreement that is the subject of our arrangements and possible subsequent orders and sales contracts as needed. The purpose of GTS is also to fulfill information obligations for consumers in accordance with the Consumer Rights Act.
These GTS, in the event of a cooperation, regulate in particular the rules on which the submission and acceptance of the order will be made and the execution and settlement of the sales contract, including the issues of our liability. These terms will apply in the absence of other arrangements between us.
You are kindly encouraged to read the GTS.
1. ABOUT US
2. SUBMITTING AN ORDER, CONCLUDING A SALES AGREEMENT
3. SUBJECT MATTER OF THE AGREEMENT
4. CONTACT WITH US
5. METHOD AND DATE OF PAYMENT
6. METHOD, TIME AND COST OF DELIVERY
8. WITHDRAWAL FROM THE AGREEMENT
9. OUT-OF-COURT WAYS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
10. PROVISIONS CONCERNING ENTREPRENEURS
11. CONTRACTUAL RIGHT TO WITHDRAW FOR ENTREPRENEURS
12. FINAL PROVISIONS
13. Annex to the GTS
- OLE.PL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA with its registered office in Poznań (address and correspondence address: Wenecjańska 8/88, 61-101 Poznań and the address for complaints and returns: OLE.PL Magazyn Gorlice, Chopina 58, 38-300 Gorlice, Poland), entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000650835; registry court in which the company's documentation is stored: District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register; Tax Identification Number: 7831750919; REGON: 36601213 and e-mail address: firstname.lastname@example.org (hereinafter referred to as: "Seller").
- Contact details:
- correspondence address: Wenecjańska 8/88, 61-101 Poznań, Poland;
- e-mail address: email@example.com;
- We value transparency, and as a standard procedure, we establish cooperation between you and us according to the following scheme:
1) You send inquiries via e-mail or by phone> 2) If you ask for an offer before placing an order - then we prepare an offer for you based on an offer inquiry and present it to you for acceptance via e-mail> 3) If you accept the offer via by e-mail, then the agreement of sale is concluded, in the case of a telephone form, placing an order means entering into an Agreement without presenting an offer> 4) In the case of additional arrangements, the agreement is concluded when we reach an agreement on the matters being discussed.
- The price of the product indicated in our offer submitted in response to your order or indicated during our arrangements (if applicable) is specified in Polish zlotys and includes taxes. The information on total price including taxes on the sales contract, as well as delivery costs (including transport, delivery and postal charges) and other costs, and if the above cannot be determined- about the obligation to pay is, is provided to you in our offer or through mutual agreement - always before the conclusion of the sales agreement (that is, before you express your will to be bound by the agreement).
- Establishment of cooperation, including the submission of your order, conclusion of a sales agreement and any changes thereto may take place in accordance with the applicable provisions: in writing, by e-mail, by telephone or by fax.
- The order should contain at least: name and surname (in the case of non-consumer customers - full name of your company and tax identification number), address, contact telephone number and data referring to the agreement: product (s), amount of product (s), delivery address, if it is different than the ordering party's address. In the absence of some information, we will ask you to complete it.
- Regardless of the method of establishing cooperation, the sales agreement is always concluded in accordance with generally applicable regulations, in particular the Civil Code and the Consumer Rights Act of 30 May 2014 - in the case of the offer mode as a result of acceptance by the other party, and if we conduct negotiations (agreements) in order to conclude an agreement, when we come to an agreement about all its provisions that were negotiated (arrangements).
- The consolidation, security and access to the content of the concluded sales agreement is effected by the delivery of these GTS before the conclusion of the sales agreement and proof of purchase. In addition, depending on the method of establishing cooperation, the consolidation, security and access to the content of the concluded sales agreement may also take place in another way (e.g. by sending an e-mail message or the arrangements in writing).
- We are striving to match your needs and expectations as much as we can, which is why the subject of the sales agreement is always agreed individually with you.
- The subject of a particular agreement and its specific terms are determined each time before the conclusion (e.g. in the offer or during arrangements always before you express the will to be bound by the agreement). The GTS apply to the remainder.
The essential form of ongoing remote communication with you is e-mail (e-mail) and telephone, through which you will exchange information about the sales agreement with us. We also invite you to contact us in writing or by phone. Our contact details can be found in the footer and in the initial part of the GTS.
- The method and date of payment is always agreed with you before the conclusion of the sales agreement. The standard payment methods and dates that are available in the absence of other arrangements between us are presented below.
- We provide the following payment methods:
- Payment by bank transfer to the Seller's bank account.
- Payment by deferred transfer, within 14 days from the date of issuing the VAT invoice, unless the Parties agreed on a different date, available for offices, public schools and other organizational units of the state budget.
- Payment in cash upon delivery.
- Electronic payments and card payments via Przelewy24.pl or PayPal.com.
- Payment deadline:
- If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 14 calendar days from the date of the Sale Agreement. In exceptional situations, with the consent of the Seller, the payment deadline may be extended up to 30 calendar days.
- If the Customer selects payment by cash upon delivery, the Customer is obliged to make the payment upon delivery.
- The method, date and cost of delivery is always agreed with you before the conclusion of the sales agreement. The standard methods and delivery dates that apply if there are no other arrangements between us are presented below.
- The delivery of products to you is payable, unless the sales agreement provides otherwise. Delivery costs (including transport, delivery and postal fees) are indicated to you in the offer or during our arrangements (if applicable) - always before the conclusion of the sales agreement (that is, before you express your will to be bound be the agreement).
- We provide the following delivery methods:
- Courier shipment, courier delivery.
- Pallet shipment.
- Personal collection preceded by a prepayment available at: OLE.PL Magazyn Gorlice, ul. Chopina 58, 38-300 Gorlice, Poland - on Working Days, from 8:00 to 16:00.
- In the case of the Franke brand, a prepayment for the Product is required.
- The delivery date of the product to you is up to 90 business days, unless the agreement of sale provides otherwise. The beginning of the delivery period for the product to you is counted as follows:
- If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
- If the Customer chooses the payment method in cash upon delivery - from the date of the Sale Agreement.
- The period of readiness of the product to be picked up is to 90 business days, unless the agreement of sale provides otherwise. The beginning of the product availability period is calculated as follows:
- If you choose payment by bank transfer, electronic payments or credit card payments - from the date of crediting the Seller's bank account or settlement account.
- The basis and extent of our liability to you if the product sold has a physical or legal defect (warranty) is defined by generally applicable laws, in particular in the Civil Code.
- We are obliged to provide a product without defects.
- Complaints related to the sales agreement may be submitted, for example, via email (e-mail) to: firstname.lastname@example.org, in person or in writing at: OLE.PL Magazyn Gorlice, ul. Chopina 58, 38-300 Gorlice.
- We recommend providing in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) request of the method to bring the product into compliance with the sales agreement or a statement of price reduction or withdrawal from the agreement; and (3) contact details of the complaining party - this will facilitate and accelerate the complaint handling by the Seller. The requirements specified in the preceding sentence take the form of recommendations only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
- We will address your complaint promptly, no later than within 14 calendar days from the date of its submission. Failure to respond to the above deadline means that the Seller has considered the complaint justified.
- The right to withdraw from a remotely concluded agreement is not granted to the consumer in relation to the agreement (1) in which the object of the service is a perishable item or with a short expiration date; (2) in which the object of the service is a non-prefabricated item, manufactured according to the consumer's specification or serving to satisfy its individual needs; (3) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the agreement indicates the day or period of service provision; (4) in which the object of the service is an item delivered in a sealed package, which after opening the packaging cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery and (5) to contracts for the provision of services, if the seller made full service with the express consent of the consumer, who was informed before the beginning of the service that after fulfilling the service by the Seller, it will lose the right to withdraw from the agreement.
- Subject to 8 (1) of GTS, a consumer who has entered into a remotely concluded agreement, may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, with the exception of direct costs of returning goods. To comply with the deadline, it is enough to send a statement before its expiry. The declaration on withdrawal from the agreement may be made, for example: in writing to the following address: OLE.PL Magazyn Gorlice, ul. Chopina 58, 38-300 Gorlice, Poland or in electronic form via e-mail to the following address: email@example.com. In point 13 you will find a model withdrawal form included in Annex No. 2 to the Act on Consumer Rights of 30 May 2014.
- The withdrawal period begins for the agreement whereby the Seller releases the item, being obliged to transfer its ownership - from taking possession of the goods by the consumer or a third party indicated by it, other than the carrier, in the case of an agreement which: (1) includes many things that are delivered separately, in batches or in parts - from taking possession of the last thing, batch or part, or (2) it consists in regularly delivering things for a designated period - from taking possession of the first item. For the remaining contracts, the running of the withdrawal period starts from the day the agreement is concluded.
- If the consumer exercises the right to withdraw from the contract after making a request in accordance with art. 15 par. 3 and art. 21 par. 2 of the Act on Consumer Rights of May 30, 2014, it is obliged to pay for services fulfilled until the withdrawal from the agreement. The payment amount is calculated in proportion to the scope of the services provided, taking into account the price or remuneration agreed in the agreement. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the fulfilled services.
- Detailed information on the possibility of the Customer being a consumer of using the extrajudicial method of dealing with complaints and pursuing claims as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
- A contact point at the President of the Office of Competition and Consumer Protection is made available (telephone: +48 22 55 60 333, email: firstname.lastname@example.org or a written address: Plac Powstańców Warszawy 1, 00-030 Warszawa, Poland.) whose task is, among others, to assist consumers in matters relating to the out-of-court resolution of consumer disputes.
- The consumer has the following exemplary possibilities of using out-of-court complaint and redress procedures.
- an application to settle a dispute to a permanent amicable consumer court (for more information, please visit: http://www.spsk.wiih.org.pl/);
- application for extrajudicial resolution of the dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business activity by the Seller);
- help from the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, among others, via e-mail at email@example.com and at the consumer helpline number +48 801 440 220 (call center on working days, 8:00 - 18:00, the fee according to the operator's tariff).
- At the http://ec.europa.eu/consumers/odr website, an online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a contractual obligation arising from an online sales contract or a service agreement (more information on the platform website itself or at the Internet address of the Office of Competition and Consumer Protection): https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php
- This section of the Regulations and the provisions contained herein apply only to non-consumer buyers.
- According to art. 558 § 1 of the Civil Code, our liability under the warranty for the Product against you is excluded.
- In the event of a delay in payment, including advance payment, we reserve the right to refuse to conclude further contracts and to suspend the execution of already concluded contracts until the due payments have been made, which does not create any claims on your side in relation to us.
- In the case of non-consumer buyers, we reserve the right to withdraw from the sales agreement within 30 days from the date of its conclusion without providing a reason.
- In the event of any dispute related to the agreement, you are not entitled to suspend payments or part of payments. Possible settlements resulting from disputable issues will only take place after mutual agreement of the parties.
- If the products are sent to you via a carrier, you must check the shipment in a timely manner and in a manner accepted for such shipments. If you find that during transport there was a loss or damage to the products, you must take all the actions necessary to determine the liability of the carrier.
- We are liable to you, irrespective of its legal basis, up to the amount of the sale price paid, provided that if the claim is related only to a given product or products, the amount of our liability is limited to the amount of prices paid for a given product or products. We are liable to you only for typical and actual damage foreseeable at the time the agreement is concluded, excluding lost profits.
- In the case of non-consumer buyers, all disputes arising between the Seller and the non-consumer buyer shall be submitted to the court having jurisdiction over the seat of the Seller.
- Notwithstanding the provisions of point 9 of GTS, entrepreneurs have a contractual right to withdraw from the agreement without giving reasons on the terms indicated in this GTS.
- Under the contractual right to withdraw from the Agreement, the entrepreneur may withdraw from the Agreement and return the Product within 14 days from the date of receipt of the Product.
- The product returned by the entrepreneur cannot be damaged and should not bear traces of use. The product should have original, complete and undamaged packaging and necessary documentation.
- The right to withdraw from the Agreement shall not be granted to entities in respect of Agreements in which the subject matter of the service is a Product delivered in a sealed package, which after opening the packaging cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery.
- In order to withdraw from the Agreement, complete the Return Form: https://www.ole.pl/uploads/files/Formularz_zwrotu_ole.pl.pdf and send it: in electronic form via e-mail to the following address: firstname.lastname@example.org or by fax: +48 614151883.
- The entrepreneur may return the Product to the following address: OLE.PL Magazyn Gorlice, ul. Chopina 58, 38-300 Gorlice, Poland.
- Agreements concluded with the Seller are concluded in Polish language.
- In matters not covered by these GTS, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Electronic Services of July 18, 2002 (Journal of Laws of 2002 No. 144, item 1204, as amended); Consumer Rights Act of 30 May 2014 (OJ 2014, item 827) and other relevant provisions of the generally applicable law.
1) GENERAL PROVISIONS
- The administrator of personal data collected in relation to transactions governed by these GTS is OLE.PL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA with its registered office in Poznań (address of the registered office and correspondence address: ul. Wenecjańska 8/88, 61-101 Poznań, Poland and the address for complaints and returns: OLE.PL Magazyn Gorlice, Chopina 58, 38-300 Gorlice, Poland), entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0000650835; registry court in which the company's documentation is stored: District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register; Tax Identification Number: 7831750919; REGON: 36601213 and e-mail address: email@example.com - hereinafter referred to as the "Administrator" and being also the Seller.
- Personal data is processed by the Administrator in accordance with applicable law, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on free flow of such data and the repeal of Directive 95/46 / EC (general regulation on data protection) - hereinafter referred to as "GDPR" or "GDPR Regulation". The official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679.
- The Administrator takes special care to protect the interests of persons whose personal data it processes, and in particular it is responsible and ensures that the data collected by it are: (1) processed in accordance with the law; (2) collected for specified, legitimate purposes and not subject to further processing incompatible with those purposes; (3) factually correct and adequate in relation to the purposes for which they are processed; (4) kept in a form that permits identification of persons whom they concern, no longer than it is necessary to achieve the purpose of processing, and (5) processed in a manner that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by appropriate technical or organizational measures.
- Taking into account the nature, scope, context and purposes of processing as well as the risk of violating the rights or freedoms of natural persons with different probabilities and seriousness of risk, the Administrator implements appropriate technical and organizational measures for processing in accordance with this Regulation and to be able to prove it. These measures shall be reviewed and updated where necessary. The Administrator uses technical measures to prevent the acquisition and modification by unauthorized persons of personal data sent electronically.
2) BASIS FOR DATA PROCESSING
- The Administrator is authorized to process personal data in cases where - and to the extent to which - at least one of the following conditions is met: (1) the data subject has consented to the processing of its personal data in one or more specific goals; (2) processing is necessary for the performance of a contract to which the data subject is party or taking action at the request of the data subject prior to the conclusion of the contract; (3) processing is necessary to fulfill the legal obligation of the Administrator; or (4) processing is necessary for purposes arising from legitimate interests pursued by the Administrator or by a third party, except when the interests or fundamental rights and freedoms of the data subject, requiring the protection of personal data, prevail over those interests , in particular when the data subject is a child.
3) PURPOSE, BASIS, DURATION AND THE SCOPE OF DATA PROCESSING
- Each time, the purpose, basis, period and scope of the recipient of personal data processed by the Administrator results from actions taken by you. For example, if you decide to make purchases by choosing a personal receipt of a purchased product instead of a courier parcel, your personal data will be processed in order to execute the concluded sales agreement, but will no longer be made available to the carrier performing the shipment at the request of the Administrator.
- The Administrator may process personal data for the following purposes, on the following grounds, during periods and in the following areas:
Purpose of data processing. Legal basis of processing and period of data storage. Scope of data being processed
Execution of the agreement of sale or taking action at the request of the data subject, before concluding the aforementioned agreements. Article 6 para. 1 let. b) GDPR Regulations (performance of the agreement)
The data is stored for the period necessary to implement, terminate or other expiry the concluded agreement. Maximum scope: name and surname; e-mail address; contact phone number; delivery address (street, house number, apartment number, zip code, city, country), address of residence / business / seat (if different from delivery address).
In the case of non-consumer customers, the Administrator may additionally process the company's name and the tax identification number (NIP) of the customer.
The specified range is maximal - in the case of, for example, personal collection, it is not necessary to provide the delivery address.
Direct marketing Article 6 para. 1 let. f) of GDPR Regulation (legally justified interest of the administrator)
The data is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than during the period of limitation period of claims against the data subject, due to the business activity conducted by the Administrator. The limitation period is defined by the law, in particular by the Civil Code (the basic period of limitation for claims related to running a business is three years, and two years for a contract of sale).
The administrator cannot process data for direct marketing purposes in case of effective objection in this regard by the data subject.
E-mail address Marketing Article 6 para. 1 let. a) Regulation of the GDPR (consent)
The data is kept until the data subject withdraws its consent for further processing of its data for this purpose.
First name, email address
Keeping tax books Article 6 para. 1 let. c) Regulations of the GDPR in connection with art. 86 § 1 of the Tax Ordinance, i.e. of 17 January 2017 (Journal of Laws of 2017, item 201)
The data is stored for a period required by law ordering the Administrator to store tax books (until the tax period expires, unless tax laws provide otherwise) your name and surname; address of residence / business activity / registered office (if different from the delivery address), company name and tax identification number (NIP)
Establishment, investigation or defense of claims that may be raised by the Administrator or which may be raised against the Administrator Article 6 para. 1 let. f) Regulations of the GDPR
The data is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than during the period of limitation of claims against the data subject, due to the business activity conducted by the Administrator. The limitation period is defined by the law, in particular the Civil Code (the basic period of limitation for claims related to running a business is three years, and two years for a contract of sale). First name and last name; contact phone number; e-mail address; delivery address (street, house number, apartment number, zip code, city, country), address of residence / business / seat (if different from delivery address).
In the case of non-consumer customers, the Administrator may additionally process the company's name and the tax identification number (NIP) of the customer.
4) DATA RECIPIENTS
- It is necessary for the Administrator to use the services of external entities (such as, for example, software supplier, courier or payment service provider). The Administrator uses only the services of such processors who provide sufficient guarantees to implement the appropriate technical and organizational measures, so that the processing meets the requirements of the Regulation of the GDPR and protects the rights of the data subjects.
- Your personal data may be transferred to the following recipients or categories of recipients:
- carriers / forwarders / courier brokers - if you use the method of delivery of the Product by post or courier, the Administrator provides your collected personal data to the selected carrier, forwarder or agent performing the shipment at the request of the Administrator to the extent necessary to deliver the product.
- entities handling electronic payments or by credit card - if you use the electronic payment method or by credit card, the Administrator provides your collected personal data to a selected entity servicing these payments at the request of the Administrator to the extent necessary to handle payments made by you.
5) THE RIGHTS OF THE PERSON THE DATA BEING RELATED TO
- Right of access, rectification, limitation, deletion or transfer - the data subject has the right to request from the Administrator access to its personal data, rectification, deletion ("right to be forgotten") or processing restrictions and has the right to bring opposition to processing, and has the right to transfer its data. Detailed conditions for the exercise of the abovementioned rights are indicated in art. 15-21 of the GDPR Regulation.
- Right to withdraw consent at any time - a person whose data is processed by the Administrator on the basis of expressed consent (pursuant to Article 6 paragraph 1 let. a) or art. 9 par. 2 let. a) Regulation of the GDPR), it has the right to withdraw consent at any time without affecting the legality of the processing, which was made on the basis of consent before its withdrawal.
- The right to lodge a complaint to the supervisory body - a person whose data is processed by the Administrator, has the right to lodge a complaint to the supervisory body in the manner and mode specified in the provisions of the Regulation of the GDPR and Polish law, in particular the Act on the Protection of Personal Data. The supervisory body in Poland is headed by the President of the Office for Personal Data Protection.
- Right to object - the data subject has the right to object at any time - for reasons related to its particular situation - to the processing of its personal data based on art. 6 par. 1 let. e) (public interest or tasks) or f) (legitimate interest of the administrator), including profiling based on these provisions. In such a case, the Administrator may no longer process such personal data unless he demonstrates the existence of legally valid grounds for processing that override the interests, rights and freedoms of the data subject or the grounds for determining, claiming or defending claims.
- Right to object to direct marketing - if personal data are processed for direct marketing purposes, the data subject has the right to object at any time to the processing of its personal data for such marketing purposes, including profiling, in the scope in which the processing is related to such direct marketing.