The Internet shop AKETON regulation

Publication date: 07.01.2020.

The Internet shop AKETON, which operates at http://aketon.shop.pl, is owned by Kamila Baszczyn-Zwierzańska, a business owner of “Aketon’ with its registered office in Chojnow (59-225), Biała 20, entered into the Central Register and Information on Economic Activity, using the NIP number 6912365272.

Contacting the online store is possible at the address indicated above, at e-mail order@aketon.pl and at + 48 / 782-637-464.

§ 1

Definitions

 For the purposes of this Regulation, the following meanings shall apply:

• Buyer – a natural person, legal person or defective legal entity,
• Civil Code – Act of 23 April 1964 Civil Code (Dz.U.1964.16.93),
• Consumer – a person who purchases in the Store, not directly related to his or her economic or Professional activity (as defined in Article 221 of the Civil Code).
• Terms and Conditions – These Terms and Conditions, available at https: //http://www.aketon.pl/regulamin-sklepu-internetowego-aketon/?lang=en/,
• Shop – shop online at https://aketon.pl,
• Seller – Kamila Baszczyn-Zwierzańska conducting business activity under the name of “Aketon” with its registered office in Chojnowie (59-225),  Biała 20, entered into the Central Register and Information on Economic Activity, using the NIP number 6912365272

§ 2

Initial provisions

 Through the Store, the Seller carries out retail sales, providing services to Buyers electronically. Through the Shop, the Buyer may purchase the products shown on the Shop pages.

1. The Regulations define the terms and conditions of use of the Shop, as well as the rights and obligations of the Seller and the Purchasers.
2. In order to use the Store, including in particular making a purchase at the Store, it is not necessary to meet specific technical conditions by the computer or other device of the Buyer. Sufficient technical conditions are:

• Internet access,
• standard operating system,
• standard web browser,
• have an active email address.

4. The buyer cannot make a purchase in the shop anonymously or under a pseudonym.
5. All prices shown on the Store are gross.

§ 3

Services provided electronically

 Through the Store, the Seller provides the Buyer with electronic services.

1. The primary service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order in the Store. Placing an order is possible without having to set up an account at the Shop.
2. If the Buyer chooses to set up a merchant account, the Seller also provides to the Buyer an electronic service consisting in setting up and maintaining an account at the Shop. The account stores the buyer’s data and the history of orders placed in the store. The buyer logs into the Account using his / her email address and password.
3. The establishment of an account in the Store is made by filling and sending, using the automatic mechanism of the Store, the registration form. Upon the submission of the registration form, a contract is signed between the Buyer and the Seller to maintain an account at the Shop. The contract is concluded for an indefinite period, and the buyer can terminate the contract immediately with an immediate effect by deleting the account.
4. Services are provided electronically to the Buyer free of charge. Sales contracts concluded through the Store are payable.

§ 4

Order

 The buyer may place an order as a registered customer or as a guest.

1. A registered customer is a Buyer who holds an account in the Store. Buyers can set up an account  or during ordering.
2. In order to place an order, the Buyer is obliged to take the following steps:

• Select the product or products you are ordering by clicking the “Add to cart” button.

4. If the buyer has selected the method of payment for payment through Paypal, clicking on the button “I order with payment” will be transferred to the Paypal transaction page to pay for the order. After making the payment, the Buyer will be redirected back to the Shop page with the order confirmation. At this point, the contract for the sale of the products covered by the contract is deemed to be concluded between the Buyer and the Seller.
5. If the buyer has chosen a payment method for a payment other than Paypal, clicking on the “I will pay” button will be transferred to the order confirmation page immediately. At this point, the contract for the sale of the products covered by the contract is deemed to be concluded between the Buyer and the Seller.

§ 5

Delivery methods

1.  The buyer may choose from the following forms of delivery:

• delivery by courier – the cost will be given in an e-mail, the estimated delivery time determined according to the size and form of the order is from the moment of order realization,

2. The cost of delivery shall be borne by the Buyer, unless the Seller otherwise determines in the Shop. Personal collection does not involve any additional shipping costs for the Buyer.
3. The buyer has the following payment methods for the ordered products:

• transfer to the bank account of the Seller,
• Payment via Paypal, when choosing this service is added to the paypal,

§ 6

Execution of the contract

1.  After the Buyer has submitted the order in accordance with the procedure described in § 4 of the Regulations, an order confirmation will be sent to the Buyer’s e-mail address.
2. If the Buyer has chosen a method of payment in the form of a transfer to a Seller’s bank account, he is obliged to pay for the order within 5 days of the conclusion of the contract.
3. The execution of the order consists in preparing it for shipment to the Buyer or for personal receipt by the Buyer or making the garments according to the order of the customer. The order is deemed to have been fulfilled at the time of preparation of the order for shipment or preparation for personal receipt by the Buyer.
4. The Customer  is obliged to indicate the size the garment is to be made in accordance with the table of dimensions: https://www.aketon.pl/przewodnik-po-wymiarach/ or provide dimensions based on the Order Form provided by the Seller, sent via e-mail. The Seller is not responsible for the Buyer providing bad dimensions or choosing  wrong size of the garments.
5. The time of order fulfillment is always indicated in the product description or provided in the document confirming the acceptance of the order for execution.
6. If the order covers more than one product, the time of order fulfillment is the longest time indicated in the description of the product included in the order.
7. The duration of the order is calculated from the moment of payment for the order, unless the buyer chose the form of payment for the collection – then the time of the order is counted until the conclusion of the contract.
8. Upon completion of the order, the Seller will send a confirmation of the order to the Buyer’s e-mail address and start the order’s dispatch to the Buyer or notify the Buyer of the possibility of receiving the order.
9. Delivery of the order to the Buyer is carried out in the manner chosen by the Buyer in accordance with § 4 sec. 1 of the Rules of Procedure.
10. The delivery time of the order to the Buyer is dependent on the method of shipping chosen by the Buyer and is calculated from the date of execution of the order in accordance with § 6 Rule 3.

§ 7

Withdrawal from the consumer contract

1. A consumer who has concluded a distance contract with the Seller shall have the right to withdraw from the contract without giving a reason within 14 days from the date of taking possession of the purchased items.
2. The right to withdraw from the contract shall not be vested in the contract:

1)….

3. In order to withdraw from the contract, the consumer must inform the Seller of his decision to withdraw from the contract by means of a clear statement – for example, a letter sent by mail, fax or e-mail.
4. The consumer may use a sample withdrawal form  but this is not mandatory.
5. In order to maintain the withdrawal deadline, it is sufficient for the Buyer to send information concerning the exercise of the right of withdrawal to the Buyer before the expiry of the time limit for withdrawing from the contract.
6. The Buyer is obliged to return the Seller’s product or hand it to a person authorized by the Seller to receive it promptly, but not later than 14 days after the date of withdrawal from the contract, unless the Seller has offered to receive the item himself. It is sufficient to return the product before the expiry date.
7. The Buyer bears the direct cost of returning the item.
8. In the event of withdrawal, the Seller shall return to the Buyer all payments received from the Buyer, including the cheapest available at the Store, at the cost of delivery of the Product (if the cost covered by the Buyer) immediately and in any event no later than 14 days after the Seller was informed to exercise the right of withdrawal. Repayments will be made using the same payment methods used by the  Buyer in the original transaction, unless the Buyer explicitly agrees to another solution. In any case, the consumer will not incur any fees due to the form of repayment.
9. If the Seller has not offered to take the item himself from the Buyer, he may refrain from reimbursing the payment received from the Buyer until the item has been returned or delivery by the  Buyer of proof of his return, whichever occurs earlier.
10. The Buyer bears responsibility for reducing the value of the product resulting from the use of the product beyond what is necessary to establish the nature, characteristics and functioning of the product. Products bearing traces of use, subjected to independent alterations, with changes made by the Buyer in relation to the original shape, are not refundable.
11. Clothing made to measure is not refundable.

§ 8

Liability for defects

1. The Seller is obliged to provide the Buyer with a defect-free product.
2. Seller is liable to Buyer if the product sold has a physical or legal defect (warranty for defects).
3. If the product sold has a defect, the Buyer may:

• demand replacement of the product for free from defects,
• demand removal of defect,
• make a declaration of price reduction,
• make a declaration of withdrawal.

4. If the Buyer finds a defect in the product, he / she shall inform the Seller of the defect, or at the same time, his / her claim for the defect or declaration of the relevant contents.
5. The Buyer may use the complaint form  but this is not mandatory.
6. The Buyer, who performs the warranty under the warranty, may at Seller’s expense furnish the defective product to the Seller’s address.
7. Seller will respond to Buyer’s complaint within 14 days of delivery of the complaint.
8. Details of Seller’s defects are governed by the provisions of the Civil Code (Articles 556 – 576).

§ 9

Personal information and cookies

The privacy policy and cookie usage are in the privacy policy available at https: // …..

§  10

Out-of-court handling of complaints and claims

 Seller agrees to submit any disputes arising out of the sale of goods through mediation proceedings. Details will be determined by the parties to the conflict.

1. The Buyer has the opportunity to use non-judicial means of dealing with claims and redress. Among other things, the consumer has the opportunity:
   • To appeal to a stable consumer arbitration court to request settlement of a dispute arising out of a contract of sale,
   • Requesting the Voivodship Inspector of the Trade Inspection to request the initiation of mediation proceedings on the amicable settlement of the dispute between the Buyer and the Seller,
   • Use of the District (municipal) consumer advocate or consumer organization, whose statutory tasks include consumer protection.
2. More detailed information on out-of-court complaint handling and consumer redress can be found at http://uokik.gov.pl.
3. The consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to settle disputes between consumers and businesses seeking out-of-court settlement of a dispute over contractual obligations arising from an online sales contract or service contract.

§ 11

Final Provisions

1.  The Regulations come into force on the day of publication on the Shop’s website.
2. The Seller reserves the right to change the Rules. Contracts concluded before the amendment of the Regulations apply the version of the Regulations applicable at the date of conclusion of the contract.