Terms and conditions of the online shop

1. general provisions

1.1. The Complex Solutions online shop, available at the following web address complexsolutions-shop.com, is run by Complex Solutions Magdalena Wielgosz with its registered office in Rotmanka - entered in the Central Register of Business Activities under the NIP number 6040246650 and the REGON number 527597369. The address of the place of business and the address for service: Jagodowa 26, 83-010 Rotmanka. E-mail address: kontakt@complexsolutions-shop.com, telephone number: +48 575 339 669.

1.2 These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Shop (with the exception of point. 9 of the Terms and Conditions, which is addressed exclusively to entrepreneurs).

1.3 The administrator of the personal data processed in the Online Shop in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data shall be processed for the purposes, to the extent and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Online Shop. The Privacy Policy contains, first of all, the rules concerning the processing of personal data by the Administrator in the Internet Shop, including the grounds, purposes and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Internet Shop. The use of the Online Shop, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).

1.4 Definitions:

1.4.1 Business day - one day from Monday to Friday excluding public holidays.

1.4.2. Registration form - a form available in the Online Shop which enables the creation of an Account.

1.4.3. Order Form - an Electronic Service, an interactive form available on the Online Shop which allows the Orderer to place an Order, in particular by adding Products to an electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

1.4.4. Customer - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited capacity to perform legal acts; (2) a legal person; or (3) an organisational unit without legal personality, to which legal capacity is granted by law; - who has concluded or intends to conclude a Sales Agreement with the Seller.

1.4.5. Civil Code - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 no. 16, item 93 as amended).

1.4.6. Account - Electronic Service, a set of resources in the Service Provider's data communication system marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information about Orders placed by him/her at the Online Shop are stored.

1.4.7. Product - an item available on the Online Shop which is the subject of a Sales Agreement between the Customer and the Seller.

1.4.8. Terms and Conditions - these terms and conditions of the Online Shop.

1.4.9 Online shop - the Service Provider's online shop available at the Internet address: complexsolutions-shop.com.

1.4.10. Seller / Service Provider - the Complex Solutions online shop available at the following web address complexsolutions-shop.com, is run by Complex Solutions Magdalena Wielgosz with its registered office in Rotmanka - entered in the Central Register of Business Activities under the NIP number 6040246650 and the REGON number 527597369. The address of the place of business and the address for service: Jagodowa 26, 83-010 Rotmanka.

1.4.11. Contract of sale - a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Internet Shop.

1.4.12. Electronic Service - a service provided electronically by the Service Provider to the Customer via the Online Shop.

1.4.13. Customer - (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which a law grants legal capacity; - using or intending to use an Electronic Service.

1.4.14 Consumer Rights Act / Act - Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).

1.4.15. Order - Customer's declaration of will submitted via the Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.

2. Electronic services in the online shop

2.1 The following Electronic Services are available on the Online Shop: Account, Order Form.

2.1.1. Account - the use of an Account is possible after completing a total of three consecutive steps by the Customer - filling in the Registration Form, clicking the field "Create an account", confirming the intention to create an Account by clicking on the confirmation link sent automatically to the provided e-mail address. The following information must be provided by the Customer in the Registration Form: first and last name/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and password. For non-consumers, it is also necessary to provide the company name and VAT number.

2.1.2 The Electronic Account Service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: kontakt@complexsolutions-shop.com or in writing to the address: Jagodowa 26, 83-010 Rotmanka.

Order Form - the use of the Order Form starts when the Customer adds the first Product to the electronic shopping cart in the Online Shop. The Order is placed when the Customer completes a total of two consecutive steps after filling in the Order Form by clicking the "I ORDER and PAY" box on the Online Shop website after filling in the Order Form.

2.1.4 The Electronic Order Form Service is provided free of charge and is provided on a one-off basis and terminates when an Order is placed through it or when the Customer stops placing an Order through it in advance.

2.2 Technical requirements necessary to work with the ICT system used by the Service Provider:
- a computer, laptop or other multimedia device with Internet access;
- access to e-mail;
- Web browser: Mozilla Firefox version 11.0 and above or Internet Explorer version 7.0 and above, Opera version 7.0 and above, Google Chrome version 12.0.0 and above;
- Recommended minimum screen resolution: 1024×768;
- enable cookies and Javascript in your browser.

2.3 The Client is obliged to use the Online Shop in a manner consistent with the law and good practice with due regard to respect for the personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is prohibited from providing unlawful content.

2.4 Complaint procedure:

2.4.1 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the Product complaint procedure, which is indicated in points. 6 and 7 of the Terms and Conditions) the Customer may submit, for example:

2.4.1.1. In writing to: Jagodowa 26, 83-010 Rotmanka;

2.4.1.2. in electronic form via e-mail to: kontakt@complexsolutions-shop.com.

2.4.2. It is recommended that the Service Recipient should state in the description of the complaint:

Information and circumstances relating to the subject matter of the complaint, in particular the nature and date of the irregularity;

2.4.2.2 The requests of the Customer;

2.4.2.3. contact details of the complainant - this will facilitate and speed up the handling of the complaint by the Service Provider. The requirements given in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

2.4.3 The Service Provider shall respond to the complaint without delay, but no later than within 14 calendar days of its submission.

3 Terms and conditions of the sales contract

3.1 The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form on the Online Shop in accordance with point. 2.1.3 of the Terms and Conditions.

3.2 The price of the Product displayed on the website of the Online Shop is given in Polish Zloty. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, delivery and postal services charges) and other costs, and if the amount of these charges cannot be established - about the obligation to pay them, the Customer is informed on the website of the On-line Store during the process of placing the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.

3.3 The procedure for concluding the Sales Contract in the Online Shop by means of the Order Form:

3.3.1 The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order at the Online Shop in accordance with point. 2.1.3 of the Terms and Conditions.

3.3.2 After the Order has been placed, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. The Seller confirms the receipt of the Order and accepts it for fulfilment by sending the Customer a relevant e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller's statements of receipt of the Order and its acceptance for fulfilment as well as confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.

3.4 The content of the concluded Sales Agreement shall be recorded, secured and made available to the Customer by making these Terms and Conditions available on the website of the Internet Shop, as well as by sending the Customer the e-mail message referred to in point. 3.3.2. of the Terms and Conditions.

3.5 The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Internet Shop.

4 Methods and terms of payment for the product

4.1 The Seller shall make available to the Customer the following methods of payment for the Sales Contract:

4.1.1 Cash on delivery payment on delivery.

4.1.2 Payment by bank transfer to the Seller's bank account at the bank Name of the bank - account number: 70 1160 2202 0000 0006 0400 3509

4.1.3. Electronic payment by e-transfer via Tpay - the possible current payment methods are specified on the website https://tpay.com. The payment terms and procedures are posted on the payment provider's website.

4.2 Payment term:

4.2.1 If the Customer chooses payment, payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make payment within 5 calendar days of the conclusion of the Sales Agreement - otherwise the order will be cancelled.

4.2.2 If the Customer chooses to pay cash on delivery, the Customer is obliged to make payment on delivery.

5. the cost, means and time of delivery and collection of the product

5.1 Delivery is within the EU, if the products are to be delivered outside the EU the Customer must contact the Seller before placing an order to be delivered outside the EU in order to calculate the delivery costs individually.

5.2 The delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. The Product delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the pages of the Online Shop under "Delivery information" and during the placing of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.

5.3 The Seller shall make available to the Customer the following methods of delivery or collection of the Product:

5.3.1 Courier delivery, cash on delivery, dispatch by post and dispatch for collection at a point (parcel post).

5.4 The deadline for delivery of the Product to the Customer shall be up to 5 Business Days, unless a different deadline is indicated in the description of the Product or during the Ordering process. In the case of Products with different delivery periods, the delivery period shall be the longest period stated. The start of the period for delivery of the Product to the Customer is calculated as follows:

5.4.1 If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.

5.4.2. If the Customer chooses cash on delivery payment method - from the day of concluding the Sales Agreement.

5.5 The Product will be dispatched by the Seller on the date indicated in its description. In the case of an order for Products with different delivery dates, the delivery date shall be the longest specified date.

5.5.1 If the Customer chooses to pay by bank transfer, electronic payment, or payment card - from the date of crediting the Seller's bank account or settlement account.

5.6 In the case of an order for a product that is out of stock (missing product size, missing colour, etc.), the seller will inform the buyer of an extended delivery period with the possibility of cancelling the order at the customer's request.

6 Guarantee and complaints

6.1 The basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (in particular Articles 556-576 of the Civil Code).

6.1.1. The seller provides a product guarantee of 2 years from the date of sale of the product.

6.2 The Seller is obliged to supply the Customer with a defect-free Product.

6.3 A complaint can be made by the Customer, for example:

6.3.1. In electronic form via e-mail to: kontakt@complexsolutions-shop.com;

6.3.2. In the form of filling in a complaint form on the page Complaints.

6.4 The Customer is advised to state in the description of the complaint:

6.4.1. information and circumstances concerning the subject of the complaint, in particular the nature and date of the defect;

6.4.2. request a method of bringing the Product into conformity with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement;

6.4.3. contact details of the complainant - this will facilitate and speed up the handling of the complaint by the Seller. The requirements specified in the preceding sentence are only a recommendation and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.

6.5 The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer, who is a consumer, has demanded replacement of the item or removal of the defect or has made a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within 14 calendar days, it shall be deemed that the Seller has acknowledged the demand as justified.

6.6 The Customer who exercises his/her rights under the warranty shall be obliged to deliver the defective Product to the address: Jagodowa 26, 83-010 Rotmanka.

7 Out-of-court complaint and redress procedures and rules of access to these procedures

7.1 Detailed information on the possibility for a Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2 There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, Warsaw.), whose task is, inter alia, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.

7.3 The consumer has the following examples of out-of-court complaint and redress procedures:

7.3.1. A request for dispute resolution to a permanent amicable consumer court (for more information see: http://www.spsk.wiih.org.pl/);

7.3.2. a request for out-of-court dispute resolution to the provincial inspector of the Commercial Inspection (for more information, visit the website of the inspector in charge of the Seller's place of business);

7.3.3. Assistance from a district (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the helpline is open on Working Days, from 8 a.m. to 6 p.m., call charge as per operator's tariff).

7.4 A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (for more information, see the website of the platform itself or the website address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8 Right of withdrawal

8.1 The consumer may withdraw from the Sales Contract within 14 days without giving any reason.

8.2 The time period referred to in paragraph 1 shall begin upon delivery of the Product to the Consumer or to a person other than the carrier designated by the Consumer.

8.3 The Consumer may withdraw from the Contract by making a statement of withdrawal from the Contract to the Seller. It shall be sufficient for the Consumer to send the statement before the expiry of the deadline for withdrawal from the Contract.

8.4 The statement can be sent by traditional mail or electronically by sending the statement to the e-mail address of the Seller with the enclosed filled-in goods return form located on the page Claims and returns policy.

8.5 If the Consumer sends a statement by electronic means, the Seller shall immediately send to the Consumer at the e-mail address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Contract.

8.6 Consequences of withdrawal from the Agreement:

8.6.1 In the event of withdrawal from a Contract concluded at a distance, the Contract shall be deemed not to have been concluded.

8.6.2. The Seller shall withhold reimbursement until the Product has been received back.

8.6.3. The Consumer shall send back the Product with the attached form to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which the Consumer informed the Seller about the withdrawal from the Contract. The deadline shall be met if the Consumer sends back the Product before the expiry of the 14-day period.

8.6.4 The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not normally be returned by post.

8.6.5 The Seller shall refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for the Consumer.

8.7 The right of withdrawal from a distance contract does not apply to the Consumer in respect of the Contract:

8.7.1. where the object of the performance is a non-refabricated item manufactured to the Consumer's specifications or to meet the Consumer's personalised needs,

8.7.2. in which the object of the performance is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery,

8.7.3. where the object of the performance is a perishable item or an item with a short shelf life,

8.7.4. for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who has been informed before the provision of the service by the Seller that after the Seller's performance he will lose his right of withdrawal,

8.7.5. where the subject matter of the performance consists of items which are, by their nature, inseparable from other items after delivery

 

9 Provisions for entrepreneurs

9.1 This section of the Terms and Conditions and the provisions contained herein shall apply exclusively to Customers and Service Recipients who are not consumers.

9.2 The Seller shall have the right to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. The withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.

9.3 In the case of customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.

9.4 From the moment the Product is released by the Seller to the carrier, the benefits and burdens associated with the Product as well as the danger of accidental loss or damage to the Product pass to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, or for any delay in transporting the consignment.

9.5 If the Product is sent to the Customer by a carrier, the Customer who is not a consumer is obliged to examine the consignment in the time and manner usual for consignments of this type. If he finds that a defect or damage to the Product occurred during transport, he is obliged to perform all actions necessary to establish the carrier's liability.

9.6 In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a consumer is excluded.

9.7 In the case of non-consumer customers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Customer a relevant statement.

9.8 The liability of the Service Provider/Seller towards the Customer/Client who is not a consumer, irrespective of its legal basis, is limited - both as a single claim as well as for all claims in total - to the amount of the price paid and the delivery costs under the Sales Contract, but no more than one thousand zlotys. The Service Provider/Seller shall only be liable towards the Service Recipient/non-consumer Customer for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits towards the Service Recipient/non-consumer Customer.

9.9 Any disputes arising between the Seller/Service Provider and the Customer/ Customer who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.

10 Final provisions

10.1 Contracts concluded through the Online Shop shall be concluded in the Polish language.

10.2 Amendment of the Rules:

10.2.1 The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes to the law; changes to payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

10.2.2 In the case of conclusion of agreements of a continuous nature on the basis of these Terms and Conditions (e.g. provision of Electronic Services - Account), the amended Terms and Conditions shall be binding upon the Customer if the requirements set out in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Customer has been correctly notified of the amendments and has not terminated the agreement within 14 calendar days from the date of notification. In the event that the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in the current fees, the Service Recipient who is a consumer has the right to withdraw from the contract.

10.2.3 In the case of conclusion of contracts other than continuous contracts (e.g. Sales Contract) on the basis of these Terms and Conditions, the amendments to the Terms and Conditions shall in no way affect the acquired rights of the Service Recipients/Customers who are consumers prior to the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions shall not affect Orders already placed or placed and Sales Contracts concluded, executed or performed.

10.3 In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Contracts concluded from 25 December 2014 with Customers who are consumers - the provisions of the Act on Consumer Rights of 30 May 2014. (Journal of Laws 2014, item 827 as amended); and other relevant provisions of generally applicable law.