Legal notice
TERMS AND CONDITIONS OF THE ONLINE STORE
§ 1
GENERAL PROVISIONS
· The www.aspirr.pl store operates according to the principles set out in these Terms and Conditions.
· The Terms and Conditions define the conditions for concluding and terminating Product Sales Agreements, complaint procedures, as well as the types and scope of electronic services provided by the www.aspirr.pl Store, the rules for providing these services, and the conditions for concluding and terminating electronic service agreements.
· Each Service Recipient is obliged to comply with the provisions of these Terms and Conditions from the moment of taking actions aimed at using the Electronic Services of the www.aspirr.pl Store.
· In matters not regulated in these Terms and Conditions, the following laws apply:
- Act on the provision of electronic services of July 18, 2002,
- Consumer Rights Act of May 30, 2014,
- Act on out-of-court resolution of consumer disputes of September 23, 2016,
- Civil Code Act of April 23, 1964, and other relevant provisions of Polish law.
§ 2
DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS
The Terms and Conditions contain definitions of key terms, such as:
· ORDER FORM - a form available on the website www.aspirr.pl enabling the placement of an Order.
· CUSTOMER - a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
· CONSUMER - a natural person who performs a legal transaction with an entrepreneur that is not directly related to their business or professional activity.
· ENTREPRENEUR - a natural person, legal entity, or organizational unit that is not a legal entity, to which the law grants legal capacity, conducting business or professional activity in their own name.
· PRODUCT - a movable item available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
· TERMS AND CONDITIONS - these terms and conditions of the Store.
· STORE - the Service Provider’s online store operating at www.aspirr.pl.
· SELLER, SERVICE PROVIDER - Company: ASPIRR Spółka z Ograniczoną Odpowiedzialnością (Limited Liability Company), KRS: 0001152401, NIP: 9452305027, REGON: 54071521200000, with headquarters at: Stelmachów 58D/20, 31-341, Kraków, Poland
· SALES AGREEMENT - a Product Sales Agreement concluded between the Customer and the Seller through the Store
· ORDER - a declaration of will by the Customer constituting an offer to conclude a Product Sales Agreement with the Seller.
· PRICE - the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.
§ 3
INFORMATION ABOUT PRODUCTS AND ORDERING
· The www.aspirr.pl store conducts sales of Products via the Internet.
· Products offered in the Store are new, compliant with the agreement, and have been legally introduced to the Polish market.
· Information found on the Store's website does not constitute an offer in the legal sense. The Customer, by placing an Order, makes an offer to purchase a specific Product under the conditions specified in its description.
· The price of the Product displayed on the Store's website is given in Polish zlotys (PLN) and includes all components. The price does not include delivery costs.
· Orders can be placed through the website using the Order Form (www.aspirr.pl Store) - 24 hours a day, all year round.
· The condition for placing an Order in the Store by the Customer is familiarizing themselves with the Terms and Conditions and accepting its provisions at the time of placing the Order.
§ 4
EXECUTION OF THE SALES CONTRACT
· To conclude a Sales Agreement, it is necessary for the Customer to place an Order in advance using the method provided by the Seller, in accordance with § 3 points 5 and 6 of the Terms and Conditions.
· After placing an Order, the Seller immediately confirms its receipt.
· The confirmation of Order acceptance mentioned in point 2 of this paragraph binds the Customer to their Order. Confirmation of Order receipt is done by sending an e-mail message.
· The Order receipt confirmation includes:
o confirmation of all essential elements of the Order,
o a form for withdrawing from the agreement,
· Upon receipt of the e-mail message mentioned in point 4 of this paragraph by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
· Each Sales Agreement will be confirmed with a proof of purchase, which will be attached to the Product.
§ 5
PAYMENT METHODS
· The Seller provides the following payment methods:
o payment by traditional bank transfer to the Seller's bank account,
o payment via electronic payment system,
o payment on delivery (in case of personal pickup in Krakow).
· For payment by traditional bank transfer, the payment should be made to the bank account number: 91 1090 1665 0000 0001 6112 6828; Santander Bank Polska.
In the transfer title, please enter "Order No. ...".
· In case of payment via electronic payment system, the Customer makes the payment before the Order processing begins. The electronic payment system allows for payment by credit card or quick transfer from selected Polish banks.
· The Customer is obliged to pay the price for the Sales Agreement within 2 business days from the date of its conclusion, unless the Sales Agreement states otherwise.
· The Product will be shipped only after it has been paid for.
· The payment card operator is PayPro SA Agent Rozliczeniowy, ul. Pastelowa 8, 60-198 Poznań, wpisany do Rejestru Przedsiębiorców Krajowego Rejestru Sądowego prowadzonego przez Sąd Rejonowy Poznań Nowe Miasto i Wilda w Poznaniu, VIII Wydział Gospodarczy Krajowego Rejestru Sądowego pod numerem KRS 0000347935, NIP 7792369887, Regon 301345068.
§ 6
COST, TIME, AND METHODS OF PRODUCT DELIVERY
· The costs of Product delivery, which are covered by the Customer, are determined during the Order placement process.
· The delivery time of the Product consists of the Product preparation time and the Product delivery time by the carrier:
o the Product preparation time is up to 2 business days,
o delivery of Products that are movable goods by the carrier takes place within the time declared by them, i.e., up to 7 business days from the moment of shipment (delivery takes place only on business days, excluding Saturdays, Sundays, and holidays).
§ 7
PRODUCT COMPLAINT
Complaint due to non-conformity of the Product with the agreement.
· The basis and scope of the Seller's liability towards the Customer who is a Consumer for non-conformity of the Product with the agreement are specified in the Consumer Rights Act of May 30, 2014.
· The basis and scope of the Seller's liability towards the Customer who is an Entrepreneur, under warranty, are specified in the Civil Code Act of April 23, 1964.
· The Seller is responsible to the Customer who is a Consumer for non-conformity of the Product with the agreement existing at the time of delivery of the Product and revealed within 2 years from that moment, unless the expiry date of the Product specified by the Seller or persons acting on its behalf is longer.
· Notification of non-conformity of the Product with the agreement and submission of an appropriate request can be made via e-mail to: contact@aspirr.pl
· In the above message, in written or electronic form, as much information and circumstances as possible regarding the subject of the complaint should be provided, in particular the type and date of occurrence of the irregularity and contact details. The provided information will significantly facilitate and accelerate the consideration of the complaint by the Seller.
· To assess the irregularities and non-conformity of the Product with the agreement, the Consumer is obliged to make the Product available to the Seller. Costs associated with delivering the product to the Seller are borne by the Consumer.
· The Seller will respond to the Customer's request immediately, no later than within 14 days from the moment the complaint is submitted.
· In the case of a complaint from a Customer who is a Consumer - failure to consider the complaint within 14 days of its submission is equivalent to its acceptance.
· If the Consumer does not respond to the reply to the complaint request received from the Seller, the complaint request is rejected and it cannot be repeated.
· The complaint does not cover products with damage resulting from using the product in a manner other than in accordance with its intended use.
· In connection with a justified complaint from a Customer who is a Consumer, the Seller accordingly:
o Covers the costs of repair or replacement and re-delivery of the Product to the Customer,
o Reduces the price of the Product (the reduced price must remain in proportion to the price of the goods conforming to the agreement to the goods not conforming to the agreement) and refunds the Consumer the value of the reduced price no later than within 14 days of receiving the statement on price reduction from the Consumer,
o In case of withdrawal from the agreement by the Consumer - the Seller refunds the price of the Product no later than within 14 days from the day of receiving the returned goods or proof of their return. In case of withdrawal from the agreement, the Consumer is obliged to immediately return the goods to the Seller at the Consumer's expense.
· The response to the complaint is provided on paper or another durable medium, e.g., email message or SMS
§ 8
RIGHT TO WITHDRAW FROM THE AGREEMENT
· Subject to point 10 of this paragraph, a Customer who is also a Consumer who has concluded a distance contract may withdraw from it without giving reasons by submitting an appropriate declaration within 14 days.
· In case of withdrawal from the agreement, the Sales Agreement is considered not concluded, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the day on which they withdrew from the agreement, unless the Seller proposed to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before its expiry.
· In case of withdrawal from the Sales Agreement, the Product should be returned to the address: ul. Stelmachów 58D/20, 31-341, Kraków, Poland.
· The Consumer is responsible for any reduction in the value of the Product resulting from using it in a way that goes beyond what is necessary to ascertain the nature, characteristics, and functioning of the Product, unless the Seller did not inform the Consumer or the entity referred to in § 10 about the method and deadline for exercising the right of withdrawal from the agreement and did not provide them with a model withdrawal form. In order to determine the nature, characteristics, and functioning of the Products, the Consumer should handle and check the Products only in the same way as they could do in a physical store.
· Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for them. Subject to point 7 of this paragraph, the refund will be made immediately, and at the latest within 14 days from the moment the Seller receives the declaration of withdrawal from the Sales Agreement.
· If the Seller has not offered to collect the Product from the Consumer themselves, they may withhold the refund of payments received from the Consumer until they receive the item back.
· A Consumer withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, bears the costs of returning the Product to the Seller.
· The fourteen-day period in which the Consumer may withdraw from the agreement is counted for an agreement in the performance of which the Seller issues the Product being obliged to transfer its ownership - from the day on which the Consumer made the payment for the order.
· The right to withdraw from a distance contract does not apply to the Consumer in the case of a Sales Agreement where, among others, the subject of the service is a non-prefabricated goods, manufactured according to the Consumer's specifications or serving to satisfy their individualized needs.
· The right to withdraw from the Sales Agreement is available to both the Seller and the Customer in case of non-performance by the other party of their obligation within a strictly specified time.
§ 9
TYPE AND SCOPE OF ELECTRONIC SERVICES
· The Service Provider enables, through the Store, the use of an Electronic Service which is concluding Sales Agreements for Products.
· The provision of the Electronic Service to Service Recipients in the Store takes place under the conditions specified in the Terms and Conditions.
· The Service Provider has the right to place advertising content on the Store's website. This content forms an integral part of the Store and the materials presented in it.
§ 10
CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR ELECTRONIC SERVICES
· The provision of the Electronic Service specified in § 9 point 1 of the Terms and Conditions by the Service Provider is free of charge.
· The agreement for the provision of the Electronic Service consisting of enabling the placement of an Order in the Store is concluded for a definite period and terminates upon placing the Order or ceasing to place it by the Service Recipient.
· Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
o computer (or mobile device) with Internet access,
o access to electronic mail,
o web browser,
o enabling Cookies and Javascript in the web browser.
· The Service Recipient is obliged to use the Store in a manner consistent with the law and good practices, taking into account respect for personal rights and intellectual property rights of third parties.
· The Service Recipient is obliged to enter data that is consistent with the actual state.
· The Service Recipient is prohibited from providing content of an unlawful nature.
§ 11
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
o Complaints related to the provision of the Electronic Service through the Store can be submitted by the Service Recipient via e-mail to the address: contact@aspirr.pl
o In the above e-mail message, as much information and circumstances as possible regarding the subject of the complaint should be provided, in particular the type and date of occurrence of the irregularity, as well as contact details. The provided information will significantly facilitate and accelerate the consideration of the complaint by the Service Provider.
o The Service Provider will consider the complaint immediately, no later than within 14 days from the moment of its submission.
o The Service Provider's response regarding the complaint is sent to the Service Recipient's e-mail address provided in the complaint submission or in another manner specified by the Service Recipient.
§ 12
FINAL PROVISIONS
o Agreements concluded through the Store are made in accordance with Polish law.
o In case of any inconsistency of any part of the Terms and Conditions with applicable law, the relevant provisions of Polish law shall apply in place of the questioned provision of the Terms and Conditions.
o Any disputes arising from Sales Agreements between the Store and Consumers will be resolved primarily through negotiations, with the intention of amicable resolution of the dispute, taking into account the Act on out-of-court resolution of consumer disputes. However, if this is not possible, or if it would be unsatisfactory for either party, disputes will be resolved by the competent common court, in accordance with point 4 of this paragraph.
o Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964.
o A Customer who is a Consumer also has the right to use out-of-court methods of dispute resolution, in particular by submitting, after the complaint procedure is completed, a request to initiate mediation or a request for consideration of the case by an arbitration court (the request can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also benefit from free assistance of a county (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court pursuit of claims after the complaint procedure is completed is free of charge.
o In order to amicably resolve a dispute, the Consumer may in particular file a complaint via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr/.
