Rules of the online store

Intro

Online store available at https://aquamonkey.eu and operated by Aquamonkey Limited Liability Company, located at ul. Palisadowa 20/22, 01-940 Warszawa, NIP: 5272981871, REGON: 520744494, entered in the Register of Entrepreneurs of the National Court Register under the number KRS: 0000939843, registry court: District Court for the Capital City of Warsaw in Warsaw, XIII Economic Department of the National Court Register, share capital: PLN 50,000.00.

Seller contact information:

Phone: +48 222 575 575

email address: [email protected]

This document (which is also the rules in accordance with the Law "On the provision of electronic services" of July 18, 2002), hereinafter referred to as the "Rules", defines the types and scope of the provision of electronic services through the Internet store, the principles for concluding purchase agreements sales through the online store, the principles for the execution of these agreements, the rights and obligations of the Client and the Seller, as well as the procedure for terminating the agreement and considering complaints.

1. Terms and definitions

• Online store – an online store available at https://aquamonkey.eu.
• Seller– Aquamonkey Limited Liability Company, located at ul. Palisadowa 20/22, 01-940 Warszawa, NIP: 5272981871, REGON: 520744494, entered in the Register of Entrepreneurs of the National Court Register under the number KRS: 0000939843, registry court: District Court for the Capital City of Warsaw in Warsaw, XIII Economic Department of the National Court Register, share capital: PLN 50,000.00
• Client – a natural or legal person, or an organizational unit without forming a legal entity, which, in accordance with the law, may enter into an agreement with the Seller.
• Customer - an individual who enters into a legal transaction with the Seller that is not directly related to his/her economic or professional activity.
• Service - electronic services provided by the Seller through the Online Store.
• Purchase Agreement - an agreement concluded at a distance between the Client and the Seller through the Online Store, the subject of which is the purchase of the Goods.
• Product - a product that the Customer purchases through the Online Store.
• Order Form - a form available in the Online Store for placing an order for the purchase of the Goods.
• Client Account - a set of resources in the Merchant's ICT system, where information about the Client is stored, including address information and order history.
• Registration Form - a form available in the Online Store to create a Customer Account.
• Newsletter - a service that allows you to subscribe and receive electronically free information about the Goods and promotions of the Seller.
• Business day is one day from Monday to Friday, excluding public holidays.

2. Key points

• The Seller undertakes to provide the Client with services to the extent and on the terms specified in the Rules.
• The client undertakes to use the online store in accordance with applicable law and the rules of social interaction.
• The Customer using the Services of the Seller is obliged to comply with the following Rules.
• The Seller complies with the principles for the protection of personal data of Customers, provided for by Regulation of the European Parliament and of the Council (EU) 2016/679 of 04/27/2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC .
• The Client agrees to the collection, storage and processing of personal data by the Seller in order to fulfill the contract. Detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the "Privacy Policy" of the online store.
• Information about the Goods on the website of the online store is an invitation to conclude a contract within the meaning of Art. 71 of the Law of April 23, 1964. Civil Code.
• All prices shown on the website of the online store are gross prices.
• Seller reserves the right to change the prices of Products available in the Online Store, introduce new Products, and run and cancel promotions or make changes to ongoing promotions.
• Client is prohibited from providing illegal or offensive content. The Client undertakes to use the Seller's websites in such a way as not to interfere with their functioning, in particular, not to use special software (including malware) or devices.
• The specific risks associated with the use of services by electronic means are the possibility of unauthorized persons gaining access and interference with data transmitted over a network or stored on computers connected to a network, which may lead, in particular, to their loss, unauthorized modification or inability to use the services offered through the online store.

3. Services and General Terms and Conditions

• The Seller, through the online store, provides electronic services through:
• posting information about the offer and Products on the website of the online store,
• allows you to fill out an order form for concluding a sales contract,
• uto enable registration to create a Customer Account and to maintain a Customer Account of the Online Store,
• sending information about promotions and Products to Customers in the "Newsletter" form.
• The services referred to in paragraph 1 are provided free of charge.
• The contract for the provision of services electronically in the form of providing the opportunity to fill out the order form is concluded with the Client for a certain period at the time of his joining to fill out the form and terminates at the moment of refusal to fill out the form or at the moment of sending the completed form to the Seller.
• The contract for the provision of electronic services in the form of providing the opportunity to register and maintain the Client's Account is concluded with the Client for an indefinite period at the time of registration in the online store.
• The creation of a Customer Account ("registration") is carried out using the functionality available on the website of the online store - Registration Forms.
• You do not need a Customer Account to place an order for Products available in the Online Store.
• The contract for the electronic provision of the "Newsletter" service is concluded for an indefinite period when the Client subscribes to the "Newsletter" service using the functionality available on the website of the online store.
• Technical requirements required to use the services provided by the Seller:
• device with internet access,
• web browser that supports cookies
• access to email.
• The client pays for Internet access and data transfer in accordance with the tariffs of his Internet provider.

4. Sales and Purchase Agreement

• The Seller provides the opportunity to place orders for Products available in the Online Store:
• using the Order Form available in the Online Store 24 hours a day, 7 days a week;
• by email [email protected];
• by phone +48 222 575 575.
• To place an order through the order form posted on the Store's website, the Customer selects the Goods available in the Online Store, indicates the quantity that he intends to purchase, and indicates the characteristics of the Goods ordered. After selecting the Goods (adding the Goods to the “basket” through the functionality available in the online store), the Buyer fills out the Order Form, indicating in it the data necessary for the Seller to complete the order, and then confirms the order using the “Order and pay< /em>".

• To place an order by phone or e-mail, the Customer provides the Seller with information about the ordered Goods and the data necessary to fulfill the order, in particular, identification data, address data and data allowing contact regarding the order (telephone number, e-mail address)
• After receiving the order, the Seller must send the Customer an application for acceptance of the order by e-mail to the e-mail address specified when placing the order. After checking the possibility of fulfilling the order, the Seller sends an order confirmation message to the Customer. As soon as the customer receives an order confirmation message, the sales contract is considered concluded.
• The order confirmation notice must contain the agreed terms of the sales contract, in particular the quantity and type of Goods ordered, the total price payable, including shipping costs and the amount of discounts granted (if applicable).

5. Processing time and shipping

• The Seller executes orders in the order in which they are received (subject to §6, clause 3 of these Rules).
• Order processing time consists of the preparation, picking, packaging and dispatch of the Goods by the Seller. Average lead time is up to two business days.
• Orders placed on a business day after 14:00 and on public holidays are considered to be placed on the next business day.
• In the event that part of an order consisting of several Products is currently out of stock, the Customer is informed by phone or e-mail and decides how to proceed with the order (partial fulfillment, extension of the waiting time, cancellation of the entire order or choosing a replacement Product).
• In the case of orders consisting of multiple Products with different availability and to be delivered in the same batch, the lead time will depend on the date the Seller completes delivery of the last Product included in the order, unless otherwise agreed with the Customer.
• The time of delivery of the Goods to the Buyer by the carrier or the Seller's own transport is added to the order fulfillment time in accordance with the delivery method chosen by the Buyer. Information about delivery methods and costs is posted on the website of the online store and is indicated to the Buyer when placing an order.
• Orders are issued for delivery on weekdays only.
• Upon receipt of the goods, the buyer should carefully check the condition of the package and its contents. If damage or other irregularities are found, he must draw up a damage report in the presence of the courier and notify the seller.
• In the event of a refusal or impossibility of delivery of the shipment due to reasons arising from the fault of the Customer, the Seller has the right to recover from the Customer the costs incurred in connection with such a situation (for example, the costs of returning the shipment to the Seller or resending it to the Customer).
• If the Seller covers the Customer for damages incurred during the transportation of the Goods, the Customer's claims on this matter against the carrier, to the extent that they were covered by the Seller, pass to the Seller. The assignment of claims to the Seller does not require a separate assignment agreement.
• The seller allows you to pick up the order at his stationary point at the address: ul. Palisadowa 20/22, 01-940 Warszawa, open on weekdays from 9.00 to 17.00. Receiving an order at a stationary point is possible only after prior confirmation by the Seller of the readiness of the Goods for delivery.

6. Payment Methods

• The Seller enables payment for ordered Products:
  ● by prepayment via the PayU electronic payment system operated by PayU S.A., Poznań, in accordance with the PayU payment system regulations;
  ● by prepayment via the PayPal electronic payment system operated by PayPal (Europe), Luxembourg;
  ● by prepayment via the Stripe electronic payment system operated by Stripe Technology Europe Limited, Dublin, Ireland;
  ● by prepayment via regular bank transfer;
  ● in cash or by payment card upon collection at the physical store;
  ● by cash on delivery.
• A Customer choosing prepayment is obliged to make the payment within five days from the conclusion of the contract. If payment is not made within the specified period, the order may be cancelled.
• The Seller begins processing the order upon receiving confirmation of a successful transaction authorization from the online payment operator or after funds are credited to the bank account in case of regular bank transfer.
• In the case of payment on delivery or at a physical store, the Seller begins processing the order after it is confirmed.
• The proof of purchase is provided to the Customer together with the Product or electronically to the email address indicated during the order process.
• In case of a refund for a transaction made by payment card, the Seller will return the funds to the bank account linked to the Customer’s payment card.

7. Product Defect Warranty

• In accordance with Art. 556 of the Law of April 23, 1964. Civil Code The Seller is liable to the Customer if the Goods sold have a physical or legal defect. The seller is released from warranty liability if the buyer was aware of the defect at the time of conclusion of the contract.
• The delivery of the Goods within the framework of the implementation of the warranty rights for defects is at the expense of the Seller.
• The Seller shall be liable for warranty liability in the event of a defect within two years from the date of transfer of the Goods to the Buyer.
• Notice of defects in the Goods must be sent by e-mail to [email protected] or in writing to the Seller's address. The application may be submitted in the form given in Appendix 2 to the Rules.
• If the item sold is defective, the Customer may apply for a price reduction or withdraw from the contract if the Seller immediately and without undue inconvenience to the Customer replaces the defective item with a defect-free item or eliminates the defect. This limitation does not apply if the product has already been replaced or repaired by the Seller or the Seller has not fulfilled its obligation to replace the product with a defect-free product or to eliminate the defect.
• The Customer may, instead of remedying the defect proposed by the Seller, demand that the goods be replaced with a defect-free one or, instead of replacing the goods, demand that the defect be rectified if bringing the goods into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller.
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• The buyer cannot withdraw from the contract if the defect is minor
• If necessary for the evaluation of physical defects, the Goods must be delivered to the following address: Aquamonkey SP. Z.O.O. Palisadowa 20/22, 01-940 Warszawa.
• The Seller is obliged to respond to the Client's request within 14 calendar days from the date of its receipt. Failure to consider the application within the specified period will be considered its acceptance.

8. Termination of the sales contract

• A customer who is a buyer in relation to Art. 27 of the Consumer Rights Act of 30 May 2014, you have the right to withdraw from a distance contract without giving reasons.
• The provisions of this chapter relating to the consumer shall apply to a natural person who enters into a contract directly related to his/her business activity, if it follows from the content of this contract that it is not of a professional nature for this person, arising, in particular, from the subject matter of his/her business activities, available on the basis of the provisions of the Central Register and information on business activities.
• The right of withdrawal shall apply within 30 calendar days from the date when the Customer or a third party specified by the Customer, other than the carrier, takes possession of the Product. If the contract covers a number of items that are supplied separately, in lots or parts, then the period begins to run from the moment the last item, batch or part is received.
• The Client may withdraw from the contract by submitting an application in the form provided in Annex 1 to these Rules, by sending it to the Seller's address or by e-mail to [email protected]
• To comply with the deadline referred to in paragraph 3, it is sufficient if the declaration of withdrawal from the contract is sent before its expiration.
• The Seller is obliged to immediately acknowledge receipt of the withdrawal notice to the Customer.
• The Seller is obliged immediately, within no more than 14 calendar days from the date of receipt of the application for withdrawal from the contract, to return to the Client all payments received from him, including the costs of delivery of the goods. The Seller returns the payment using the same payment method used by the Customer, unless the Customer has expressly agreed to another method of return, which does not incur any costs for the Customer.
• If the Seller has not offered to collect the Goods from the Buyer himself, the Seller may withhold the refund of payments received until the Goods are returned or the Buyer provides evidence of its return, whichever occurs first.
• If the Customer has chosen a delivery method other than the cheapest usual method offered by the Seller, the Seller is not obliged to reimburse the Customer for additional costs incurred by the latter.
• The Client is obliged to return the goods to the Seller or to hand them over to a person authorized by the Seller immediately, but no later than within 30 calendar days from the day when he canceled the contract, unless the Seller offered to pick up the Goods on his own. To meet the deadline, it is enough to send the Goods back before the deadline.
• The Customer bears only the direct costs associated with the return of the Goods.
• The item must be delivered to the Seller at the following address: Aquamonkey SP. Z.O.O. st. Palisadowa 20/22, 01-940 Warsaw.
• It is the Customer's responsibility to properly protect the Goods during transport. The seller does not accept packages sent by cash on delivery.
• In case of rejection of the goods, the Customer shall be liable for any reduction in the value of the goods resulting from the use of the goods beyond what is necessary to ascertain its nature, characteristics and functioning.
• The client has no right to withdraw from the contract in relation to the contracts referred to in art. 38 of the Law of May 30, 2014 "On the Rights of Consumers", in relation to the contract:
• in which the object of execution is a non-factory item made to the customer's specification or designed to meet the individual needs of the customer,
• if the performance item consists of items that are by their nature inseparable from each other after delivery,
• where the subject of the service is a product delivered in a sealed package that cannot be returned after the package has been opened for health or hygiene reasons if the package has been opened after delivery.

9. Cancellation of the contract for the provision of electronic services and the procedure for filing a complaint in the field of electronic services

• In the case of contracts for the provision of electronic services of a permanent and perpetual nature (eg Customer Account, Newsletter), the customer has the right to terminate the contract. The customer may terminate the contract by notice with immediate effect and without giving reasons, by sending a notice of termination of the contract to the e-mail address [email protected].
• The Seller reserves the right to terminate the contract for the provision of electronic services of an uninterrupted and perpetual nature with 14 days notice in case of violation by the Customer of the provisions of these Terms and Conditions.
• In case of non-performance or improper performance by the Seller of the services provided through the Online Store, the Customer has the right to file a complaint by e-mail to [email protected].
• A properly filed complaint must contain the Client's data (name and surname or company name, address of residence or registered office address and e-mail address), the subject of the complaint, indicating the period to which the complaint relates, and the circumstances justifying the complaint.
• The complaint must be considered by the Seller within 14 calendar days from the date of its receipt.

10. Regulations for Entrepreneurs

• The provisions of this paragraph apply only to Clients who are not consumers in accordance with Art. 22¹of the Civil Code.
• The provisions of this paragraph do not apply to sales contracts if the buyer is an individual who enters into a contract directly related to his business activities, if it follows from the content of this contract that it is not of a professional nature for this person, which follows, in particular from the subject matter of his business activities, available on the basis of the regulations on the Central Register and business information.
• The Seller reserves the right to cancel the sales contract at any time until the Goods have been delivered to the Customer, to a third party acting on behalf of the Customer, or to the carrier delivering to the Customer. Cancellation of the contract by the Seller is not a basis for any claims from the Client against the Seller.
• The Seller reserves the right to limit the payment methods available in the Online Store. The Seller reserves the right to require prepayment of all or part of the cost of the order, regardless of the payment method chosen by the Client.
• Based on Art. 558 of the Civil Code, in the event of the sale of the Goods to a Customer who is not a consumer, the liability of the Seller under the guarantee is excluded.
• Based on Art. 548 § 1 of the Civil Code, as soon as the Seller transfers the Goods to the Customer, a third party or carrier specified by the Customer, the benefits and encumbrances associated with the Goods and the risk of accidental loss or damage to the Goods pass to the Customer.
• The Seller's liability to the Buyer is limited only to the actual damage incurred by the Buyer in connection with the improper performance of the contract by the Seller, while the Seller is liable in an amount not exceeding the value of the order placed by the Buyer.

11. Seller's responsibility

• The Seller is not responsible for the Client entering incorrect data (in particular, by entering incorrect data in the forms available on the website) or the Client's actions that prevent or interfere with the provision and implementation of services by the Seller.
• The Seller is not responsible for the consequences of the use by the Customer of the Online Store in a manner that is inconsistent with the provisions of these Terms, applicable laws and rules of social coexistence, or customs applicable in this regard.
• The Seller reserves the right to suspend or terminate the provision of certain functionality of the Online Store due to the need for maintenance, revision or expansion of the technical base or software. Suspension or termination of certain functions of the online store should not affect the rights of the Client.

12. Intellectual Property

• All contents of the Online Store (including graphics, text, page layout and logos) that do not originate with the Customer or other providers are copyrighted and are the sole property of the Seller. Use of such content without the written consent of the Seller will result in civil and criminal liability.
• The client is obliged to use all the contents of the online store for personal use only. Any other use of the content is permitted only with the express instructions of the Seller.
• The use of the Online Store, including the use of text materials, graphics, images, applications, databases or other content, does not imply the acquisition by the Client of any rights in relation to said content, and in particular does not imply the acquisition of any property rights, related rights or licenses.
• It is forbidden to take the following actions without the express consent of the Seller:
• copying, modifying and transmitting, electronically or otherwise, the Online Store or parts thereof, as well as individual content available through it,
• distribute in any way the materials published in the online store
• download the contents of databases and reuse all or part of it.

13. Final Provisions

• Seller reserves the right to make changes to these Terms and Conditions. The Seller is obliged to notify of changes to the Terms and Conditions on the website of the online store at least 14 calendar days before the changes to the Terms and Conditions come into force. Changes to the Terms and Conditions do not apply to Customers who placed an order during the validity period of the previous version of the terms and conditions. Making changes to the Rules during the term of the contractual relationship of a continuous nature obliges the other party if the requirements set forth in Art. 384 of the Civil Code, and the party did not terminate the contract within the notice period of 14 calendar days.
• For all other matters not covered by these Terms, the relevant provisions of Polish law shall apply. If the provisions in force in the country of the consumer are more favorable to the consumer and these provisions cannot be excluded by contract, they will apply to the contract concluded through the online store.
• The Buyer has the opportunity to use out-of-court methods for handling complaints and satisfying claims arising from orders placed in the Store. These include: in the event of a dispute over property rights arising from contracts of sale and provision of services, an application for consideration of the case by the Permanent Consumer Arbitration Court operating under the relevant voivodeship inspection of the trade inspectorate; appeal to the Voivodeship Inspectorate of the Trade Inspectorate in Warsaw (http://wiih.org.pl/index.ph) to take measures for out-of-court settlement of disputes on the basis of the Law of September 23, 2016 on the out-of-court settlement of consumer disputes (Journal of Laws 2016, pos. . 1823).
• Despite paragraph 3, the Customer may seek assistance from the municipal (district) consumer rights ombudsman. All the necessary information can be obtained on the website of the Office for Competition and Consumer Protection at uokik.gov.pl.
• Disputes arising in connection with the provision of services in accordance with these Terms and Conditions will be submitted to the courts:
• to a general court of the Client's choice in accordance with the applicable provisions of Polish law, if the Client is a consumer or an entrepreneur, as specified in § 8 paragraph 2 of the Rules and Regulations,
• to the court of general jurisdiction at the legal address of the Seller, if the Client is not a consumer.
• The annexes to the Rules of Procedure are an integral part of them.
• Rules come into effect on May 18, 2022.

 

Contract withdrawal form Click here

Complaint form Click here