§ 1 General provisions
Regulations from 09/06/2021.
- The owner of the company and online store www.acustore.pl is Justyna Blukacz, who runs a sole proprietorship of the company ACUSTORE Justyna Kosarga based in Marianka Rędzińska, address: ul. Srebrna 1, 42-242 Marianka Rędzińska, in the message of the Central Register and Economic Information, NIP: 9492183346, REGON: 389612836, e-mail address: email@example.com, telephone number: +48693049849.
- These Regulations are addressed to consumers as well as to entrepreneurs using the Online Store.
- Using the Online Store, including making purchases, is voluntary.
- The content of the Online Store does not constitute an offer within the meaning of the Civil Code. Information about the Goods provided on the websites of the Online Store, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a Sales Agreement, within the meaning of art. 71 of the Civil Code, and not an offer in accordance with the provisions of the Civil Code. The Sales Agreement is concluded in accordance with the Sales Agreement conclusion procedure set out in Chapter II of the Regulations.
- The customer can contact the online store at the following e-mail address: firstname.lastname@example.org or by telephone contact with the Customer Service Office from Monday to Friday from 8:00 to 19:00 at the following telephone number:
+48 693 049 849.
Price – gross amount specified in Polish zlotys or EUR (including tax) due to the Seller for the transfer of ownership of the given Good to the Customer in accordance with the Sales Agreement. The price does not include delivery costs, unless the terms of the Promotion applied by the Online Store provide otherwise.
Working day – a day from Monday to Friday, excluding public holidays in Poland.
Commercial information – information about the Goods displayed in the Online Store.
Commercial information regarding the Price and availability of the Goods, at the stage before adding the Goods to the Cart and logging in to the Account, does not constitute an offer within the meaning of the Civil Code, but only an invitation to start negotiations.
Customer – an entity that is a user of the Store’s website, for which services may be provided via the Online Store in accordance with the Regulations and legal provisions.
Consumer – means a natural person who performs a legal transaction with the Seller, including the conclusion of a Sales Agreement, not related directly to its business or professional activity.
My Account – a subpage of the Online Store, available after the Customer has registered on the Online Store website. As part of the Account available via the website, the Customer may, in particular, place Orders, see the offers prepared by Andżela Arkadiusz Sekuter. (hereinafter also “Account”). The account is marked with an individual name (login) and password provided by the Customer, allowing the Customer to use additional functionalities / services.
Newsletter – a service that allows all customers using it to receive cyclical information from the Seller, in particular about the Goods, the Online Store, including news and promotions, to the e-mail address provided by the Customer, with the express consent of the Customer.
Promotions – special conditions of sale or provision of services, regulated on the terms set out in the Online Store, proposed by the Seller at a specific time, which the Customer may use on the terms set out therein.
Complaint – the procedure to be followed in the event of a defect in the Goods sold.
Seller – Justyna Kosarga based in Marianka Rędzińska, ul. Srebrna 1, 42-242 Marianka Rędzińska, NIP: 9492183346, REGON: 389612836.
Sales Agreement – a sales contract within the meaning of the Civil Code, regarding the sale by the Seller to the Customer of the Goods for the payment of the Price plus any additional fees, including shipping costs, the terms of which are specified, in particular, in these Regulations. The Sales Agreement is concluded between the Customer and the Seller using means of distance communication, after the Seller accepts the Order on the terms set out in these Regulations. Each Product is the subject of a separate Sales Agreement. The Seller may conclude a Sales Agreement with a Customer who is not a Consumer also as a result of concluding an agreement bypassing the procedure specified in these Regulations, which at the request of either party to the Sales Agreement will be confirmed in the form of an e-mail.
Service – a service provided electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services, consisting in the possibility of setting up an Account in the Online Store, concluding Sales Agreements via the Online Store, adding Goods by such a Customer to the Cart in the Online Store, access to information about all Orders placed by such a Customer in the Online Store. The seller is the service provider and the customer is the recipient of the service.
§ 2 Conditions for concluding a Sales Agreement
- The customer may place orders in the Online Store via the Store’s website 7 days a week, 24 hours a day.
- In the case of Consumers, the Sales Agreement concluded via the Online Store is a distance contract within the meaning of the Act on consumer rights.
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order:
– in online shop,
– by phone
- Until the selection of Goods is confirmed with the “Buy and pay” button, the Customer has the option of making changes and modifications to the Goods in the order, as well as contact details for shipment or invoice. Until the customer makes the payment, he may stop placing the order by not continuing the next steps. In this case, the customer’s order will not be processed.
- Placing an order by the Customer constitutes the Customer’s offer submitted to the Seller to conclude a contract for the sale of Goods within the meaning of the provisions of the Civil Code.
- After placing the order, the Seller sends an order confirmation to the e-mail address provided by the Customer.
- The conclusion of the Sales Agreement between the Seller and the Customer takes place when the Customer receives information about the acceptance of the order referred to in paragraph 11. This information confirms the terms of the Sales Agreement concluded on the basis of the Regulations.The Seller may inform the Customer about the status of the Order, in particular by sending messages to the e-mail address
- provided by the Customer, SMS or by contacting by phone.
- The Seller strives to ensure the availability of all Goods and the implementation of the Sales Agreement. In the event of the inability to perform the service and in other situations specified by law, the relevant provisions of the Civil Code may apply, including art. 493-495 of the Civil Code, in particular regarding the obligation to immediately return the benefit to the Consumer.
- Prices in the Online Store are given in Polish zlotys and euros, including tax on goods and services. The prices of goods presented in the Online Store do not include the price of transporting the Goods to the place indicated by the Customer. The cost of transport depends on the delivery option selected by the Customer, at the stage of completing the order form.
§ 3 Payments
- The seller enables the following payment methods:
– via the Przelewy24 billing service, in accordance with the provisions of the Przelewy24 Regulations,
– by transfer to the bank account number 05 1140 2004 0000 3902 8154 2041,
– cash on delivery (payable upon delivery),
– cash payment upon personal collection.
- If the Seller does not receive the payment of the Customer who chose payment in advance, the Seller may contact the Customer to remind him of the payment, including by sending an e-mail. If the payment is not made within 4 days of placing the Order, and then within the additional 3-day period, the offer submitted by the Customer will not be accepted.
- If the Customer selects the payment on delivery on delivery, the Customer is obliged to make the payment on delivery. Refusal to collect the Goods, despite the appointment of an additional appropriate date, is a condition terminating the Sales Agreement, and in this case the Customer undertakes, on the basis of a call for payment from the Seller, to reimburse the Seller for shipping costs of the Goods not collected in such a case, and which does not deprive the Seller of additional compensation from the customer in such a case.
- If the Customer does not collect the shipment for reasons not attributable to the Seller, the cost of re-shipment to the Customer shall be borne in full by the Customer.
§ 4 Creation of an Individual Account
1. In order to create an Individual Account, the Customer is obliged to register his data free of charge in the Store’s database. Data registration takes place by filling in the registration form available in the “Account” tab and selecting the “Register” option. Filling out the form requires providing the following data: name, surname, e-mail address and establishing a password individually for the Customer.
3. After sending the completed registration form, the Customer receives by e-mail to the e-mail address provided in the registration form confirmation of registration of an Individual Account in the Store by the Seller. At this moment, an agreement for the electronic provision of the Individual Account service is concluded, and the Customer gains the ability to access the Individual Account and make changes to his data provided at the time of registration.
§ 5 Delivery
- The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are made available to the Customer on the Online Store website in the information tab on delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
- Personal collection of the Product by the Customer is free of charge.
- The goods are delivered to the address indicated by the Customer in the order in the territory of the Republic of Poland and outside the territory of the Republic of Poland after making a prepayment to the bank account number provided in these Regulations.
- In the territory of the Republic of Poland, the Goods are delivered via the Inpost courier company via courier or parcel lockers. Cash on delivery is also accepted. The fees for the delivery of the Goods are given in the order form.
- In the case of foreign shipments, the Goods are delivered by the DPD courier company, by courier and by Poczta Polska. Delivery fees are set individually depending on the weight of the shipment.
- On the day of sending the Goods to the Customer, the Seller sends information about the shipment to the Customer’s e-mail address.
- Goods are shipped within 1 to 3 business days from the moment the payment is credited or the order is placed in the case of cash on delivery. If the delivery date is given in working days, it should be understood as all days from Monday to Friday, inclusive, except for public holidays.
- If the Customer finds that the parcel is damaged, it is recommended to draw up a damage report in the presence of the courier and inform the Seller about it immediately.
- In the event of failure to collect a paid parcel, the customer bears the cost of returning the parcel to the sender, it refers to all parcels within the territory of the Republic of Poland and abroad.
Inpost courier – PLN 14.90
Inpost parcel locker – PLN 13.90
DPD courier – Value of the costs of return to the sender.
Free shipping promotions are valid only in Poland and only for pre-paid (prepaid) orders.
§ 6 The right to withdraw from the Sales Agreement
- The customer has the right to withdraw from the Sales Agreement without giving any reason within 14 days from the date of receipt of the shipment. It is possible only when the goods have not been used, damaged and in the case of sterile packed goods – not opened. Partial contents of the package cannot be returned.
- The customer is obliged to submit an unequivocal statement about his decision to withdraw from the contract, sent in writing together with the returned goods to the following address:
ACUSTORE Justyna Blukacz ul. ul. Witosa 1, 42-240 Rudniki.
or via e-mail to the following address: email@example.com.
3. The customer may use the form template, which is available on the Seller’s website, but it is not obligatory. He may also complete and scan the form or any other unequivocal statement via e-mail to the address firstname.lastname@example.org.
4. We refund the amount due for the returned goods (excluding shipping costs) within 14 business days from the moment of receiving the shipment with the returned goods, to the bank account indicated by the customer, after verifying the content of the returned goods.
5. The ACUSTORE store does not accept any COD shipments.
§ 7 Complaints
The Seller is obliged to deliver the Goods without defects. The Seller is released from liability under the warranty if the Consumer knew about the defect at the time of concluding the Sales Agreement.
If, after receiving the order, the customer finds physical defects in it or finds the non-compliance of the received goods with the ordered goods, he should send it back by post with a completed and signed complaint form and proof of purchase to our address:
ACUSTORE Justyna Blukacz ul. ul. Witosa 1, 42-240 Rudniki.
The ACUSTORE store does not accept any COD shipments.
In the event of a justified complaint, the damaged goods will be repaired or replaced with the same full-value product, and if this is impossible, all transaction costs incurred by the customer, including costs related to returning the advertised goods, will be reimbursed.
The seller will respond to the complaint as soon as possible, no later than 14 days from the date of receipt of the advertised goods.
The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Goods to the Customer. The claim for removal of the defect or replacement of the Product with a Product free from defects expires after one year from the date of finding the defect, however, in the case of an Order placed by a Consumer – the period of limitation may not end before the expiry of the period referred to in the first sentence.
§ 8 Electronic services in the online store
The following Electronic Services are available in the Online Store: Account, Order Form, Newsletter, Notification of the availability of the Goods and Subscription to Goods.
1.1. Account – the use of the Account is possible after completing two consecutive steps by the Customer – (1) clicking the “Registration” field, (2) completing the Registration Form. In the Registration Form, it is necessary for the Service Recipient to provide the following Service Recipient’s data: name and surname, e-mail address and password.
1.1.1 The Account Electronic Service is provided free of charge. The Service Recipient has the right, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: email@example.com or in writing to the following address:
42-242 Rędziny, ul. Wolności 187b
Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes a total of two subsequent steps – (1) after completing the Order Form and (2) clicking on the “Place an order with payment obligation” field after completing the Order Form – until then, it is possible to modify the entered data (for this purpose). follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data regarding the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product (s), quantity of the Product (s), place and method of delivery of the Product (s), method of payment. In the case of customers who are not consumers, it is also necessary to provide the company name and tax identification number.
1.2.1 The Electronic Service Order Form is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.
1.3. Newsletter – in order to start providing the Newsletter service, it is required to consent to its receipt by the Customer by entering his e-mail address in the appropriate field on the Store’s website and confirming it by clicking on the activation link sent by the Seller to the e-mail address provided by Customer (the moment of the commencement of the provision of the Newsletter delivery service).
1.3.1 The newsletter is provided free of charge. The customer has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (unsubscribe from the Newsletter), in particular by clicking on the deactivation link in each Newsletter sent to the Customer in the form of an e-mail or sending an appropriate request to the Seller using contact details , as well as by entering your e-mail address in the “Unsubscribe from the Newsletter” field on the Store’s website.
1.4. Notification of the availability of the Goods and the Subscription for Goods – The service is available after filling in the appropriate field with an e-mail address.
4. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, with respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The recipient is forbidden to provide content of the character
5. The complaint procedure:
5.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point 9 of the Regulations), the Customer may submit, for example:
– in writing to the following address: ul. Wolności 187b, 42-242 Rędziny;
– in electronic form via e-mail to the following address: firstname.lastname@example.org
5.2. It is recommended that the Service Recipient provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the occurrence of irregularities; (2) the Service Recipient’s requests; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
5.3. The Service Provider responds to the complaint immediately, no later than within 14 calendar days from the date of its submission.
§ 9 Final provisions
1. The Regulations are valid from September 6, 2021.
2. Agreements concluded by the Seller are concluded in Polish.
3. The Seller is liable for non-performance or improper performance of the contract. In the case of contracts concluded with Clients who are Entrepreneurs, the Seller shall be liable only in the event of deliberate damage and within the limits of actual losses incurred by the Client who is an Entrepreneur.
4. The parties will strive to amicably resolve any disputes arising from the agreement concluded on the basis of these Regulations.
5. The Customer who is a Consumer has the right to use the following extrajudicial methods of pursuing claims and considering complaints:
a. the possibility of requesting an out-of-court resolution of consumer disputes under the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823), i.e. to the Provincial Inspector of Trade Inspection in Katowice;
b.to apply for the case to be examined by the Permanent Consumer Arbitration Court operating at the appropriate Provincial Inspectorate of Trade Inspection and
c. asking the Municipal Ombudsman for Consumer Rights for assistance in the protection of consumer interests and rights.
d. the dispute may also be resolved by the ODR internet platform, which is available at: http://ec.europa.eu/consumers/odr/.
6. Lack of acceptance of the Regulations prevents the purchase of the Goods offered by the Store. The store will allow the customer to read the Regulations when placing an order. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations in force on the date of placing the order by the Customer. Customers who have an Individual Account will be informed about the change in the Regulations via e-mail. A customer who does not accept the changes introduced in the Regulations has the right to withdraw from the contract for the provision of electronic services.
7. The law applicable to any disputes arising from these Regulations is Polish law. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code and other relevant provisions of generally applicable law.