Terms and Conditions of the Online Store www.alperla.com
These Terms and Conditions have been drawn up in accordance with Polish law and take into account EU regulations, including Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free flow of such data (GDPR).
These Terms and Conditions are based on the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended) and the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827). The Terms and Conditions are available free of charge through the Store’s website, allowing users to familiarize themselves with its content before entering into an agreement.
GENERAL PROVISIONS
§1
These terms and conditions (hereinafter referred to as the “Terms and Conditions”) define the rules for the provision of electronic services by the Service Provider through the website available at www.alperla.com. Acceptance of the terms of use of services provided electronically by the Service Provider is a condition for using the services available on the website.
These Terms and Conditions constitute the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services.
Agreeing to comply with the Terms and Conditions is a necessary condition for using the services of the website. Acceptance of the terms of the Terms and Conditions occurs prior to making a purchase by the user by checking the appropriate box on the form.
The website allows:
- Obtaining information about products and their prices
- Placing an order
- Using additional functions associated with having an account
§2
The terms used in the Terms and Conditions mean:
- Telecommunications law: the Act of 16 July 2004 – Telecommunications Law (Journal of Laws of 2004, No. 171, item 1800, as amended).
- Act on the provision of electronic services: the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
- Teleinformatics system (hereinafter referred to as the “system”): a set of cooperating computer devices and software that provides processing, storage, as well as sending and receiving data via telecommunications networks using the appropriate end-user device for a given type of network within the meaning of telecommunications law.
- Services: the performance of a service that occurs by sending and receiving data through teleinformatics systems, at the individual request of the service recipient, without the simultaneous presence of the parties, with these data being transmitted through public networks within the meaning of telecommunications law.
- Electronic communication means: technical solutions, including teleinformatics devices and related software tools, enabling individual remote communication using data transmission between teleinformatics systems, in particular electronic mail.
- Technical specification: a collection of information about the teleinformatics system and technical requirements necessary for cooperation with this system.
- User: a natural person who has full legal capacity, a natural person conducting business activity, a legal person, or an organizational unit that is not a legal person, using the services, being a party to a service provision agreement with the website operator, who undertakes to comply with the Terms and Conditions. The user is also the entity that orders the provision of specific services by telephone or electronically on the terms specified in the Terms and Conditions.
- Products: a movable item available on the website, which is the subject of a sales agreement between the Service Provider and the User.
- Internet browser: a computer program that enables the browsing of documents in HTML format.
- Service/Store: an internet service available at www.alperla.com that allows the user to obtain information about products and place an order.
- Terms and Conditions: this document specifying the rules for using the service.
- Shopping cart: a virtual list of purchases assigned to a user account, allowing the compilation of an order.
- Correspondence address: Admanage Paweł Poniatowski, ul. Wynalazek 2A/10, 02-677 Warsaw, Poland.
- Service Provider: Admanage Paweł Poniatowski
SERVICE PROVISION TERMS
§3
The information displayed on the website does not constitute a commercial offer within the meaning of the Civil Code but is an invitation to enter into an agreement.
Technical requirements:
To use the service, the user must have access to the Internet, including a web browser program that accepts cookies. Additionally, registered users must have a valid email address. The registration process is a one-time activity, and subsequent purchases are made by logging in to the store using the provided username and password. The login and password are confidential.
User obligations, rights, and responsibilities:
- During registration, the user is obligated to provide accurate data for invoicing and address purposes necessary for order delivery.
- The user is obligated to update their profile information promptly after any changes.
- Prohibited actions include delivering viruses, using automated or automatic scripts, employing other technologies that may harm the website, or infringing upon the interests or property of other users, service providers, or third parties associated with the website directly or indirectly.
- Reselling or providing unauthorized access to accounts and services is prohibited.
- Engaging in unfair competition practices under the Act of 16 April 1993 on combating unfair competition (Journal of Laws) is prohibited.
- Disclosing confidential information about products, services, and offers obtained through the website to third parties is prohibited.
- Exploiting information, especially contact information acquired through using the website’s services, for purposes contrary to the terms of service is prohibited.
- Copying, modifying, and distributing the content provided by the service provider without explicit permission is prohibited.
- Impersonating other users and third parties is prohibited.
- The user bears full and exclusive responsibility for the information they provide and share on the website and any resulting consequences. Especially unauthorized actions.
- The user is fully responsible for using purchased goods in accordance with their intended purpose and legal regulations.
- Every person who places an order has the right to access and modify their personal data provided in the registration form. If consent for processing personal data for sales processes is withheld, the individual should submit a written declaration requesting the removal of their personal data.
Service provider obligations, rights, and responsibilities:
- The service provider is obligated to provide electronic services with due care, continuously, and in accordance with the provisions of the terms and conditions.
- The service provider is obligated to create an account for registered users.
- The service provider reserves the right to correct any errors in the information on the website promptly. At the same time, the service provider reserves the right to withdraw from legal consequences of a declaration of intent made under the influence of an error.
- The service provider is obligated to employ technical measures to protect personal data in accordance with the Act of 29 August 1997 on the protection of personal data (Journal of Laws).
- The service provider is obligated to disclose personal data only to authorized entities based on relevant legal provisions.
- The service provider is not responsible for any damages resulting from the user providing false content, information, or data.
- The service provider is not responsible for transactions made between users.
- The service provider reserves the right to conduct maintenance work on the website that may cause difficulties or prevent users from accessing the services.
- The service provider is not responsible for the user’s inability to access the services due to errors on the user’s side.
- The service provider retains all rights to the website, as well as the published content. Modifying, reproducing, publishing, transmitting, or using protected property by third parties without prior consent from the service provider is prohibited.
PLACING ORDERS
§4
Users wishing to make a purchase on the website need to create an account by filling out the registration form located under the “Sign Up” button or by filling out the form during the first order placement.
To order a selected product, the user needs to add it to the cart by clicking the “Add to Cart” button on the product page.
Users can add any quantity of products to the cart.
To submit the order to the service provider, the user proceeds to the order summary by clicking the “Proceed to Checkout” button, then enters personal details, selects the delivery method, and payment method.
The order is submitted to the service provider by clicking the “Place Order” button located below the order summary.
Order cancellation is possible by informing the service provider of the intention to cancel the order no later than the moment the package is dispatched.
When making a purchase, the user declares whether the purchase is made by a consumer (no NIP number provided) or a business entity (NIP number provided). In the case of a purchase made as a consumer, it is not possible to issue an invoice to a company.
Orders can also be placed by sending an email or by phone.
PRODUCT DELIVERY AND PAYMENT METHODS
§5
Order delivery is carried out via the courier DHL, UPS or DPD company.
The shipping cost is added to the order during the checkout process. The user selects the shipping method and its price when placing the order.
Payments for ordered goods can be made using one of the following payment methods:
- Prepayment by bank transfer to the service provider’s bank account, specifying the order number in the transfer title.
- Payment by credit card.
- Other payment methods offered by the payment gateway operator.
Packages are dispatched every business day.
Order fulfillment:
- Orders are fulfilled in the order they are received. Orders are dispatched within 1-3 business days. In case of delays in shipping exceeding three business days from the date of payment confirmation, the service provider will inform the user about the delay and, upon request, cancel the order and refund the paid amount.
§6
The service provider is entitled to block or delete an account and remove content provided by the user in the event of:
Violation of the provisions of the terms and conditions. Violation of applicable law. Provision of content by the user that is unrelated to the purpose and function of the service.
The service provider is entitled to make changes to the terms and conditions. The current version of the terms and conditions is always available on the service provider’s website. Registered users will be notified of any changes to the terms and conditions via email sent to the address provided during account registration or first purchase. Continued use of the service will be possible after accepting the new terms and conditions.
COMPLAINTS
§7
Users have the option to report any disruptions in the functioning of the service.
The service provider is obliged to deliver goods without defects. In the event of discovering a defect in the goods, users who are consumers have the right to file a complaint, provided that the defect is revealed within 2 years from the date of delivery of the goods.
The service provider will respond to complaints from users who are consumers no later than 14 calendar days from the date of submitting the complaint. The user will be notified of the outcome of the complaint’s consideration via email or by postal mail to the registered address.
Users can file a complaint by sending an email to shop@alperla.com using the email address associated with their account or to the service provider’s postal address.
The complaint should include: the complainant’s first and last name, complete address, purchase document number, date of issuing the document, as well as a detailed description and reason for the complaint. In the case of a damaged product, the product must be returned in its current condition to the service provider’s postal address for the complaint to be considered.
The basis and scope of the service provider’s liability towards the user, if the sold goods have a physical or legal defect (warranty), are determined by the provisions of applicable law, in particular the Civil Code. Pursuant to Article 558 § 1 of the Civil Code, the service provider’s liability under the warranty for goods towards users who are not consumers is excluded.
Users are entitled to the rights provided by the manufacturer’s warranty for the goods.
WITHDRAWAL FROM THE AGREEMENT
§8
In accordance with the Act of 30 May 2014 on Consumer Rights, a user who is a consumer may withdraw from the agreement in writing without giving a reason within 14 days from the date of receiving the shipment. To submit a declaration of withdrawal from the agreement, the consumer may use the withdrawal form, which will be sent to the user together with the order or any other form provided for by law. The consumer should submit the declaration of withdrawal by sending it to the postal address and return the goods to the Store by sending them to the postal address. The consumer can also submit a declaration of withdrawal through the website www.alperla.com.
The declaration of withdrawal from the agreement can be made using the withdrawal form sent to the user with the order. The consumer may use another form of declaration of withdrawal from the agreement.
The consumer bears the direct costs of returning the goods.
The consumer is liable for any diminished value of the goods resulting from handling the goods beyond what is necessary to establish the nature, characteristics, and functioning of the goods. The returned goods must be complete. The goods should be returned in their original condition.
The consumer’s right to withdraw from the agreement does not apply in cases indicated in Article 38 of the Act of 30 May 2014 on Consumer Rights, in particular, in cases where the subject of the performance is a perishable item or an item with a short shelf life, or in cases where the subject of the performance is an item delivered in a sealed package that cannot be returned once the package has been opened due to health or hygiene reasons, if the packaging was opened after delivery.
The service provider is obliged to reimburse the consumer for all payments made, including the costs of delivery of the goods (except for additional costs resulting from the consumer’s choice of a delivery method other than the cheapest standard delivery method available in the Online Store), without undue delay and in any event not later than 14 calendar days from the day on which the service provider is informed of the consumer’s decision to withdraw from the agreement. The service provider will make the reimbursement using the same means of payment as the consumer used for the initial transaction unless the consumer has expressly agreed otherwise, and the consumer will not incur any fees as a result of such reimbursement. If the service provider has not offered to collect the goods from the consumer, the service provider may withhold the reimbursement until the goods are received back or until the consumer provides evidence of having sent back the goods, whichever is the earliest.
OUT-OF-COURT COMPLAINT HANDLING AND CLAIMS ENFORCEMENT PROCEDURES AND RULES FOR ACCESS TO THOSE PROCEDURES
§9
A consumer user has the following exemplary possibilities to use out-of-court complaint handling and claims enforcement procedures:
The user is entitled to submit a request to a permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended) for the resolution of a dispute arising from a concluded sales agreement. The rules of organization and operation of permanent amicable consumer courts are determined by the Regulation of the Minister of Justice of 25 September 2001 on determining the rules of organization and operation of permanent amicable consumer courts (Journal of Laws 2001, No. 113, item 1214).
The user is entitled to submit a request to the provincial inspector of the Trade Inspection Authority, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended), for the initiation of a mediation procedure aimed at reaching an amicable settlement of a dispute between the customer and the seller. Information on the principles and procedure of the mediation procedure conducted by the provincial inspectorates of the Trade Inspection Authority is available at the headquarters and on the websites of individual provincial inspectorates of the Trade Inspection Authority.
INFORMATION ON PERSONAL DATA PROCESSING
§10
In accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (referred to as “GDPR”), we provide information regarding the processing of data when using the website www.alperla.com.
What data does this apply to? All personal data provided in connection with using our services, such as creating a customer account (registration), placing an order, sending inquiries about products, as well as data collected in connection with the functionalities provided by the website, the sales hotline, contact via email, SMS, MMS, and the use of cookies.
For what purpose are these data processed? Consents relate to:
- processing data for the purpose of service performance. The data is processed to facilitate order placement, verify the correctness of the order, and fulfill the order, i.e., for accounting purposes and to deliver the goods to the specified address, as well as to provide information on the progress of order fulfillment. Cookies enable logging into the website and using the product cart and are necessary for placing an order.
- processing data for marketing purposes. Data may be processed to periodically inform about special offers on selected products, the introduction of new products, and to notify about non-standard opening hours, work breaks, etc. Giving consent for data processing for marketing purposes is voluntary. Users who give consent to process data for marketing purposes may receive discounts on products.
The data controller (hereinafter: the Administrator) is: Admanage Paweł Poniatowski, ul. Wynalazek 2A/10, 02-677 Warsaw, Poland. The Administrator can be contacted in writing by traditional mail, by email, or through a contact form. The entrusted data will not be sold or transferred to other entities unless required for the order/service fulfillment process.
For what period will we process the data? We will process the data for the duration of the agreement and until the expiration of claims arising from the agreement.
User rights regarding data The user has the right to request access to data, rectification, erasure, or restriction of processing, as well as the right to withdraw consent to the processing of personal data and to object. Giving consent is voluntary and can be withdrawn at any time.
FINAL PROVISIONS
§11
Product, service, and company cards provided in the service’s database by the service provider are for illustrative and informational purposes.
Descriptions, photos, technical specifications, stock availability, and prices may differ from the actual state.
The prices stated on the website are gross prices. The seller is exempt from VAT [goods delivery or service provision exempted under Article 113(1) (or (9)) of the Act of 11 March 2004 on Goods and Services Tax (Journal of Laws 2001 No. 177, item 1054, as amended)].
The service provider reserves the right to change the functionality of the service by adding new features and conveniences for customers, as well as making changes to the existing functionality at any time.
Matters not regulated in this regulation shall be governed by the relevant provisions of Polish law. The service provider provides services in accordance with the regulations and applicable laws.
As part of market practice, the service provider operates based on and within the limits of applicable law, is bound by the content of this Regulation, but is not bound by the code of good practices within the meaning of the Act of 23 August 2007 on Counteracting Unfair Market Practices.
By placing an order, the user may give consent to receive commercial information from the service provider electronically in accordance with the Act of 18 July 2002 on the provision of electronic services. Consent is given by checking the appropriate box in the registration form, when placing an order, or by confirming subscription to the newsletter.