There are two ways of concluding an agreement between the Buyer and the Seller. Before placing an order, the Buyer has the right to negotiate all provisions of the agreement with the Seller, including those changing the provisions of the regulations below. These negotiations should be conducted in writing and addressed to the address of the Seller (Adika Collection Paweł Pawlak, Kliczków Mały 44a, 98-275 Brzeźno). If the Buyer resigns from the possibility of concluding an agreement by way of individual negotiations, the regulations below and the applicable law shall apply.
Postal address - first and last name or name of the institution, location in the municipality (for a town divided into streets: street, number of the building, number of the apartment or premises; for a town not divided into streets: town name and property number), postal code and town.
2. complaint address: Adika Collection Paweł Pawlak,
35 Rzemieślnicza Street, 95-030 Rzgów, Hall G, East Avenue, W19.
3. delivery price list - located under the purchase basket, a list of available delivery types and their costs.
Contact details: Adika Collection Paweł Pawlak,
Kliczków Mały 44a, 98-275 Brzeźno, REGON: 731541856, NIP: 8272021374,
tel. +48 575 188 855e-mail: firstname.lastname@example.org.
5th Delivery - type of transport service with specification of the carrier and cost listed in the delivery price list at adika.moda.
Proof of purchase - invoice, bill or receipt issued in accordance with the VAT Act of 11 March 2004 as amended and other relevant legislation.
7 Product card - a single subpage of the store containing information about a single product.
8th Client - an adult natural person having full legal capacity, a legal person or an organizational unit not having legal personality but having the capacity to perform legal actions, making a purchase from the Seller directly related to its business or professional activity.
9th Civil Code - Civil Code Act of 23 April 1964 as amended.
10. the Code of Good Practices - a set of rules of conduct, and in particular ethical and professional standards referred to in Article 2(5) of the Act on Counteracting Unfair Market Practices of 23 August 2007, as amended.
Consumer - an adult natural person with full legal capacity, making a purchase from the Seller not directly related to his business or professional activity.
12th Basket - a list of products made from products offered in the store based on the Buyer's choice.
13. the buyer - both the Consumer and the Client.
14. place of delivery - postal address or collection point indicated in the order by the Buyer.
15th Moment of handing over of an item - the moment when the Buyer or a third party indicated by the Buyer for collection takes possession of the item.
16. payment - method of payment for the subject of the contract and delivery listed at:xxxxxxxxxx.
17 Consumer Law - Consumer Rights Act of 30 May 2014.
Product - minimum and indivisible quantity of the item that can be the subject of the order, which is given in the Seller's shop as a unit of measure when determining its price (price/unit).
(19) Subject matter of the contract - products and delivery subject to the contract.
20. subject of the service - subject of the contract.
21st Collection point - a place of delivery of goods not being a postal address, listed in the list provided by the Seller in the shop.
(22) Item - a movable item which may be or is the subject of an agreement.
23rd Shop - a web service available at adika.moda, through which the Buyer can place an order.
Seller: Adika Colletion Paweł Pawlak, Kliczków Mały 44a, 98-275 Brzeźno, REGON: 731541856, NIP: 8272021374.
System - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunication networks by means of an end device appropriate for a given type of network, commonly referred to as the Internet.
26. completion date - number of hours or working days specified on the product card.
27th Contract - an off-premises or distance contract within the meaning of the Act on Consumer Rights of 30 May 2014 in the case of Consumers and sales contract within the meaning of Article 535 of the Civil Code Act of 23 April 1964 in the case of Buyers.
28th Defect - both a physical and a legal defect.
(29) Physical defect - the non-conformity of the item sold with the contract, and in particular if the item:
- it does not have the characteristics that an object of this kind should have in view of the purpose in the contract as indicated or resulting from the circumstances or purpose;
- There are no properties of which the Seller has assured the Consumer,
- is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller has not objected to such purpose;
- has been released to the consumer in an incomplete state;
- in case of incorrect installation and commissioning, if these actions were performed by the Seller or a third party for which the Seller is responsible, or by the Consumer, who followed the instructions received from the Seller;
- it does not have the competence provided by the manufacturer or his representative or the person who places the item on the market in the course of his business and the person who, by placing his name, trade mark or other distinctive sign on the item sold, presents himself as the manufacturer, unless the Seller did not know or could not reasonably be expected to have known or could not have influenced the Consumer's decision to conclude the contract, or if their content was rectified before conclusion of the contract.
(30) legal defect - a situation where the item sold is owned by or encumbered with the rights of a third party, and where the restriction on the use or disposal of the item results from a decision or ruling of a competent authority.
31. order - a declaration of will of the Buyer submitted through the shop specifying unambiguously: type and quantity of products; type of delivery; type of payment; place of delivery, data. of the Buyer and aimed directly at concluding an agreement between the Buyer and the Seller.
§2 General conditions
- The agreement shall be concluded in the Polish language, in accordance with Polish law and these Regulations.
- The place of delivery must be located on the territory of the Republic of Poland.
- The seller is obliged and undertakes to provide services and deliver items free from defects.
- All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). The prices of the products do not include the cost of delivery, which is specified in the price list of deliveries.
- Any time limits shall be calculated in accordance with Article 111 of the Civil Code, i.e. a time limit fixed in days shall end with the expiry of the last day, and if the beginning of a time limit fixed in days is a certain event, it shall not be taken into account in calculating the time limit of the day on which that event occurred.
- Confirmation, access, recording, securing all relevant provisions of the agreement in order to gain access to this information in the future shall be in the form of: Confirmation of order by sending to the indicated e-mail address: order, pro forma invoice, information about the right of withdrawal from the contract, these regulations in pdf version, model withdrawal form in pdf version, links to download the regulations and model withdrawal from the contract; attachment to the completed order, sent to the indicated place of issue of printed items: proof of purchase, information about the right of withdrawal from the contract, these regulations, model withdrawal form.
- The seller informs about known guarantees given by third parties for products in the shop.
- The Seller shall not charge any fees for communication with him using means of distance communication, and the Buyer shall bear its costs in the amount resulting from the agreement he has concluded with a third party providing him with a specific service enabling distance communication.
- The Seller shall ensure the Buyer using the system that the shop operates correctly in the following browsers: IE version 7 or higher, FireFox version 3 or higher, Opera version 9 or higher, Chrome version 10 or higher, Safari with the latest JAVA and FLASH versions installed, on screens with horizontal resolution above 1024 px. Using third party software that affects the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, so in order to obtain full functionality of the adikasklep.pl store, you should disable them all.
- The buyer can use the option to store his data in order to facilitate the process of placing another order. In order to do so, the buyer should provide a login and password, necessary to access his account. The login and password are a sequence of characters determined by the Buyer, who is obliged to keep them secret and protect them from unauthorized access by third parties. The buyer has at any time the opportunity to view, correct, update and delete the account in the shop.
- The seller complies with the code of good practice.
§3 Contract conclusion and implementation
1. orders can be placed 24 hours a day.
In order to place an order, the Buyer shall perform at least the following actions, some of which may be repeated many times:
- adding the product to the basket;
- the choice of delivery type;
- the choice of payment type;
- choosing where to release the stuff;
- placing an order in the shop by using the "I order with payment obligation" button.
The conclusion of the contract with the Consumer takes place when the order is placed.
The Consumer's cash on delivery order shall be carried out immediately, and the order paid by bank transfer or through the electronic payment system after the payment of the Consumer is credited to the Seller's account, which should take place within 30 days of the order, unless the Consumer was not able to fulfill the performance through no fault of his own and informed the Seller about it.
The conclusion of the contract with the Customer takes place at the time of acceptance of the order by the Seller, of which he informs the Customer within 48 hours of the order.
6th Implementation of the Customer's order payable on delivery takes place immediately after the conclusion of the contract, and the order payable by bank transfer or through the system of electronic payments after the conclusion of the contract and the posting of the Customer's payment to the account of the Seller.
The Customer's order execution may depend on making a payment of all or part of the order value or obtaining a trade credit limit at least of the value of the order or the Seller's consent to send the order on delivery (payable on delivery).
(8) The subject of the contract shall be sent within the time limit specified on the product card, and for orders consisting of many products within the longest period of time from products specified on the product cards. The deadline begins at the moment of order execution.
The purchased object of the contract is, together with a sales document chosen by the Buyer, sent by the Buyer by the type of delivery to the place of delivery indicated by the Buyer in the order, together with attachments referred to in §2 point 6b.
§4 Right of withdrawal
The consumer, pursuant to Article 27 of the Consumer Law, has the right to withdraw from a contract concluded at a distance, without giving any reason and at no cost, except for the costs specified in Article 33, Article 34 of the Consumer Law.
The deadline for withdrawal from a contract concluded at a distance is 14 days from the date of issue of the goods, and to meet the deadline it is sufficient to send a statement before its expiry.
3. the statement of withdrawal from the contract The consumer may submit a statement of withdrawal on the form, a specimen of which is attached as Appendix 2 to the Consumer Law, on the form available at adika.moda.moda or in another form consistent with the Consumer Law.
The Seller shall immediately confirm to the Consumer by e-mail (given at the conclusion of the contract and other if given in the statement submitted) receipt of the statement of withdrawal from the contract.
(5) In the event of withdrawal from the contract, the contract shall be deemed not to have been concluded.
6th The consumer is obliged to return it to the Seller immediately, but not later than 14 days from the day on which he withdrew from the contract. To meet the deadline, it is sufficient to return the item before its expiry.
(7) The consumer sends back the goods which are the subject of the contract from which he has withdrawn at his own cost and risk.
(8) The consumer does not bear the cost of supplying digital content which is not stored on a tangible medium if he has not consented to the performance before the expiry of the withdrawal period or has not been informed of the loss of his right of withdrawal when giving his consent or the trader has not provided confirmation in accordance with Articles 15(1) and 21(1). Consumer law.
(9) The consumer shall be liable for any reduction in the value of the object of the contract resulting from its use beyond that which is necessary to establish the nature, characteristics and functioning of the object.
The Seller shall immediately, no later than within 14 days from the date of receipt of the statement of withdrawal from the contract submitted by the Consumer, return to the Consumer all payments made by him, including the costs of delivery of goods, and if the Consumer has chosen a method of delivery other than the cheapest usual method of delivery offered by the Seller, the Seller shall not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law.
(11) The seller shall refund the payment using the same payment method as that used by the Consumer, unless the Consumer has expressly agreed to another payment method which does not involve any costs for the Consumer.
The Seller may withhold the return of the payment received from the Consumer until the moment of receiving the item back or providing the Consumer with the proof of its return, whichever occurs first.
(13) The consumer has no right of withdrawal according to Article 38 of the Consumer Law:
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period;
- where the benefit is provided for non-profabricated goods produced to the consumer's specifications or to meet his personalised needs;
- in which the object of the service is an item that is rapidly deteriorating or has a short shelf life;
- in which the object of the service is an item delivered in sealed packaging which cannot be returned for health protection reasons or for hygiene reasons if the packaging has been opened after delivery;
- in which the subject matter of the benefit is items which, by their nature, are inseparably connected with other items after delivery;
- in which audio or visual recordings or computer programs are provided in sealed packaging if the packaging is opened after delivery;
- o the supply of digital content which is not recorded on a tangible medium where performance has begun with the consumer's express consent before the end of the withdrawal period and after the trader has informed him of the loss of the right of withdrawal;
- for the supply of newspapers, periodicals or magazines, except for the subscription agreement.
The Seller, pursuant to Article 558§1 of the Civil Code, fully excludes liability to customers for physical and legal defects (warranty).
The Seller shall be liable to the Consumer under the rules set out in Article 556 of the Civil Code and subsequent ones for defects (warranty).
(3) In the case of a contract with a Consumer, if a physical defect is found within one year from the time of delivery, it is assumed that it existed at the time of passing the danger to the Consumer.
(4) If the item sold has a defect, the consumer may:
- make a statement requesting a price reduction;
- to make a statement of withdrawal;
unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with an item free of defects or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the item with a defect-free item or remove the defect, he shall not be entitled to replace the item or remove the defect.
The Consumer may, instead of the Seller's proposed removal of the defect, demand replacement of the item with a defect-free item or demand removal of the defect instead of replacement of the item, unless bringing the item into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs in comparison with the manner proposed by the Seller, while the assessment of excessive costs shall take into account the value of the defect-free item, the type and significance of the defect found, as well as shall take into account the inconvenience that would expose the Consumer to other manner of satisfaction.
(6) The consumer may not withdraw from the contract if the defect is immaterial.
(7) If the item sold has a defect, the consumer may also:
- to demand that things be replaced with a defect-free one;
- demand that the defect be rectified.
The Seller is obliged to replace the defective item with a defect-free item or remove the defect within a reasonable time without undue inconvenience to the Consumer.
(9) The Seller may refuse to satisfy the Consumer's request if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the Buyer or, in comparison with the other possible way of bringing it into conformity with the contract would require excessive costs.
(10) If the defective item has been installed, the Consumer may require Seller to dismantle and reinstall it after replacement with a defect-free item or removal of the defect, but shall bear part of the related costs exceeding the price of the sold item, or may require Seller to pay part of the dismantling and reinstallation costs, up to the price of the sold item. In case of the Seller's non-performance of the obligation, the Consumer shall be entitled to perform these actions at the expense and risk of the Seller.
11. the Consumer who exercises the rights under the warranty shall be obliged, at the expense of the Seller, to deliver the defective item to the complaint address, and if, due to the type of item or the manner of its installation, delivery of the item by the Consumer would be excessively difficult, the Consumer shall be obliged to make the item available to the Seller in the place where the item is located. In case of failure to perform the obligation by the Seller, the Consumer is entitled to send back the item at the expense and risk of the Seller.
The costs of replacement or repair shall be borne by the Seller, except for the situation described in §5 point 10.
The Seller is obliged to accept a defective item from the Consumer in case of replacing the item with a defect-free item or withdrawing from the contract.
The seller will respond within fourteen days:
- statements requesting a price reduction;
- withdrawal statements;
- to demand the exchange of things for defect-free;
- to demand that the defect be rectified.
(15) Otherwise, it shall be deemed to have considered a statement or request from a Consumer to be justified. The Seller shall be liable under warranty if a physical defect is found within two years from the moment of handing over the item to the Consumer, and if the item is used within one year from the moment of handing over the item to the Consumer.
16. the Consumer's claim for removal of a defect or replacement of an item sold with a defect-free item shall be time-barred with the lapse of one year, counting from the date of finding the defect, however, not earlier than two years from the moment of handing over the item to the Consumer, and if the item sold is used within one year from the moment of handing over the item to the Consumer.
In the case when the expiry date of the item specified by the Seller or the manufacturer ends after two years of refusal to deliver the item to the Consumer, the Seller shall be liable under warranty for physical defects of the item found before the expiry of this period.
The consumer may submit a statement of withdrawal from the contract or a reduction in price due to a physical defect of the item sold, and if the consumer requested replacement of the item with a defect-free item or removal of the defect, the period for submission of the statement of withdrawal from the contract or reduction in price begins at the time of ineffective expiry of the period for replacement or removal of the defect.
(19) In the event of an investigation before a court or arbitration tribunal of one of the warranty rights, the time limit for the exercise of the other rights the Consumer is entitled to on that account shall be suspended until the proceedings are finally concluded. It shall also apply mutatis mutandis to mediation proceedings, where the time limit for exercising other rights under the warranty to which the Consumer is entitled starts to run from the day the court refuses to approve the settlement agreement concluded before the mediator or ineffective completion of mediation.
(20) §5 (15-16) shall apply to the exercise of rights under the warranty for legal defects of the item sold, except that the time limit shall start from the day on which the Consumer became aware of the existence of the defect and, if the Consumer became aware of the existence of the defect only as a result of a third party action - from the day on which the ruling given in the dispute with the third party became final.
If due to a defect in an item the Consumer has made a declaration of withdrawal from the contract or reduction of price, the Consumer may demand compensation for the damage suffered by him because he concluded the contract without knowing about the existence of the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible, and in particular he may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring the item, reimbursement of expenses made to the extent that he has not benefited from them and has not received their reimbursement from a third party and reimbursement of the costs of the process. This shall be without prejudice to the provisions on the obligation to repair damage on general principles.
(22) The expiry of any time limit for the determination of a defect shall not preclude the exercise of warranty rights if the Seller has maliciously concealed the defect.
(23) The seller, if he is obliged to provide a financial performance or benefit to the Consumer, shall perform it without undue delay, no later than the date provided for in law.
The Seller shall be the administrator of personal databases provided by the Shop's Customers.
The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997 and the Act on the provision of electronic services of 18 July 2002. When placing an order, the Buyer giving his personal data to the Seller agrees to their processing by the Seller in order to fulfill the order. The Buyer has the opportunity to view, correct, update and delete their personal data at any time.
§7 Final provisions
(1) Nothing in these terms and conditions is intended to affect the rights of the Buyer. Nor can it be interpreted as such, since in the event of any part of these terms and conditions being inconsistent with applicable law, Seller declares its absolute compliance and application of that law in place of the contested provision of these terms and conditions.
Second Changes in the regulations and their scope registered buyers will be notified electronically (to the indicated at registration or e-mail order). The notification will be sent at least 30 days before the new regulations enter into force. Changes will be made in order to adjust the regulations to the current legal status.
The current version of the regulations is always available to the Buyer in the regulations tab (adika.moda/regulation). During the order execution and during the whole period of after-sales care of the Buyer, the regulations accepted by the Buyer when placing an order are valid. Except for the situation when the Consumer considers it less favourable than the current one and informs the Seller about the choice of the current one as binding.
(4) Any matters not covered by these Regulations shall be governed by the relevant applicable legal provisions. Disputable issues, if the Consumer expresses such a wish, shall be resolved by means of mediation proceedings before the Provincial Inspectorates of Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of Trade Inspection or by means of equivalent and lawful methods before judicial or extra-judicial resolution of disputes indicated by the Consumer. As a last resort, the case shall be settled by a court having local and material jurisdiction.