REGULAMIN SERWISU I SKLEPU INTERNETOWEGO

1. General

1.1. Civil Code – the Act of April 23, 1964.

1.2. Trade Inspection Act – the Act of December 15, 2000, on Trade Inspection.

1.3. Consumer Rights Act – the Act of May 30, 2014, on consumer rights.

2. Electronic Services:

2.1. The Seller provides the following Electronic Services to the Clients of the Website and Online Store free of charge (excluding potential internet connection costs or phone call costs according to the service provider’s tariff plan used by the Client):

2.1.1. Account,

2.1.2. Order Form.

2.2. The conditions for using Electronic Services include meeting the following technical requirements:

2.2.1. A computer or mobile device with internet access;

2.2.2. Access to email;

2.2.3. Web browser;

2.2.4. For the proper provision of services, it is recommended to enable the storage of Cookies and JavaScript in the browser.

2.3. Using Electronic Services may involve common risks associated with transmitting data over the internet, such as exposure to unsolicited commercial information, malware, password theft, data loss, and unauthorized access or dissemination of data by unauthorized persons.

2.4. The Seller employs appropriate technical and organizational measures proportional to the degree of risk of Electronic Services.

2.5. The Seller is entitled to block access to the Account or other Electronic Services in case the Client takes actions aimed at harming the Seller, violates the law, the provisions of the Regulations, or due to security reasons, particularly a hacking attack. The Seller informs the Client of this and the reasons for blocking access via the provided email address.

3. Client Account:

3.1. For the proper use of the Website and Online Store, and to place Orders, it is recommended to create an Account. Creating an Account is free of charge. The Account service is provided for an indefinite period.

3.2. The Client may create an Account while placing an Order. To do so:

3.2.1. In the order summary, the Client fills in the billing details, and

3.2.2. Below the billing details, they check the “Create an account” box.

3.3. The Client may delete the Account at any time. The Account will be automatically deleted after 6 months of inactivity.

3.4. The Client agrees to provide accurate data and to update the data in case of any changes.

3.5. Creating an Account requires accepting the Regulations and the Privacy Policy.

3.6. Confirmation of Account creation will be sent to the Client via email to the email address provided in the form. The Client gains access to the Account and can make changes to their data.

3.7. The Client sets an individual password to access the Account. The Seller encourages creating a strong password that is not used on other websites. The Client is fully responsible for the actions of people to whom they have provided access to the Account.

3.8. The Client may consent to receive marketing materials from the Seller.

3.9. All rights to the Website and the Online Store belong to the Seller and are legally protected. The use of them for any purpose without the prior consent of the Seller is prohibited.

4. Order Form:

4.1. Using the Order Form service starts when a Product is selected. The main features of the Products and their Prices are listed on the website.

4.2. To place an Order correctly, the Client must follow these steps in the Order Form:

4.2.1. Add the Product to the cart;

4.2.2. Proceed to the cart;

4.2.3. In the cart, check the order details on the product list and select the delivery method – at this point, the Client may enter a discount code – then click “proceed to payment”;

4.2.4. In the order summary, the Client may still enter a discount code if they forgot to do so earlier, and then provide the billing details;

4.2.5. If the delivery is to a different address than the billing address, the Client should check the “send to a different address” option and fill in the details;

4.2.6. Check the required consents and then confirm by clicking “Order with payment obligation” – at this point, the Client is informed of the Total Price for the selected Product and delivery, as well as any additional costs they will be obliged to bear under the Agreement;

4.2.7. The Client is then redirected to the payment gateway – follow the steps to make the payment;

4.2.8. Done – the Client will see the order summary.

4.3. The Client must provide the following details in the Order Form: name, address, phone number, and email address. For non-consumer Clients, the company name and VAT ID number are also required.

5. Conditions of Agreement Conclusion:

5.1. Remote communication between the Seller and the Client occurs through:

5.1.1. The online store form;

5.1.2. Email: biuro@opinieo.pl;

5.1.3. Phone: 882-825-232.

5.2. The conclusion of the Agreement requires placing an Order via the Order Form, as described in point 5.2 above.

5.3. Before submitting the order, the Client must accept the Regulations and the Privacy Policy. The Client can open, download, and print these documents.

5.4. After placing the Order, the Seller will promptly confirm its receipt by sending an appropriate email to the Client’s email address provided during the ordering process. The confirmation of receipt does not constitute acceptance of the offer to conclude the Agreement, unless otherwise stated in the email sent by the Seller to the Client. The Agreement is concluded when the Order is accepted for processing, which will be confirmed to the Client via email – the Client will receive an email confirming the acceptance of one or several offers for Products submitted as part of the Order and confirming the conclusion of the Agreement or Agreements in the scope indicated in the email.

5.5. The Seller will send the Client an email informing them of the rejection of the offer for Products submitted as part of the Order, particularly due to the unavailability of the Products, lack of payment, or previous failure to collect the Seller’s shipment, and about the non-conclusion of the Agreement.

5.6. If the Agreement is not concluded for Products not accepted for processing, the Seller will immediately, but no later than within 14 days from the date of the above message, refund the payments made by the Client to the extent that the Agreement was not concluded.

5.7. The Agreement is concluded in Polish, under the terms specified in these Regulations.

5.8. The provision and recording of the Agreement’s content occur by making the Regulations available on the Online Store’s website and by sending the Seller’s confirmation of the Agreement in the scope indicated in the email to the Client’s email address provided when placing the Order.

5.9. Orders in the Online Store can be placed 24 hours a day, 7 days a week.

6. Prices:

6.1. The price displayed on the Online Store’s website is shown in Polish złoty and includes taxes (gross prices).

6.2. The total value of the Order (Total Price) is shown in the Order Form after selecting the delivery method and payment method.

6.3. The Client receives information about the total costs of the Order, including the Price and delivery costs, along with an email containing the Order confirmation.

7. Payment Deadlines and Methods for Products:

7.1. Payment for the Products may be made by the Client in the following ways:

7.1.1. Bank transfer to the Seller’s account,

7.1.2. Payment via external payment service providers,

7.1.3. Cash on delivery.

7.2. The Online Store enables payments via external payment service providers, such as:

7.2.1. Blue Media.

7.3. If the Client chooses to pay by bank transfer to the Seller’s account or through external payment service providers, the Client is obliged to make the payment immediately, but no later than within 3 calendar days. Failure to pay within the above period will result in the Seller not accepting the offer submitted by the Client as part of the Order.

7.4. If the Client chooses cash on delivery or personal collection, the Client is required to make the payment upon receipt of the Product.

8. Delivery

8.1. The delivery of the Product takes place within 14 business days unless another delivery time is specified in the Product description or the Order summary. The total delivery time consists of the time to prepare the Product for shipment by the Seller and the delivery time by the carrier. The preparation time for the Product is up to 2 business days, and the delivery time depends on the chosen carrier and delivery method.

8.2. If Products are delivered in one shipment but have different delivery times, the Products will be delivered according to the longest delivery time.

8.3. The Product is delivered via a courier company or another method chosen by the Client in the Order. The Product can be picked up at the following address: ul. Tomasza Wilsona 30, loc. C5, 42-202 Częstochowa, without additional costs for the Client.

8.4. The Product is delivered only within the territory of the Republic of Poland. If the Client wishes to deliver the Product to other countries, they must contact the Seller to determine the possibility and costs of such delivery.

8.5. The preparation of the Product (start of the delivery time) is calculated from the date:

8.5.1. The Seller’s bank account is credited – in the case of payment by transfer or via external payment service providers,

8.5.2. Conclusion of the Agreement – in the case of cash on delivery.

8.6. When the Product is handed over to the carrier, the Client is notified of this fact by email sent to the address provided in the Order Form. The benefits and burdens related to the Product and the risk of its accidental loss or damage pass to the Client being an Entrepreneur with consumer rights and Entrepreneurs upon delivery of the Product to the carrier.

9. Complaints:

9.1. The Seller is liable to the Consumer or Entrepreneur with consumer rights for non-compliance of the Product with the Agreement, existing at the time of its delivery and disclosed within two years from the moment of its issuance.

9.2. The Product complies with the Agreement if, in particular, it complies with the Agreement regarding:

9.2.1. Description, type, quantity, quality, completeness, and functionality of the Product,

9.2.2. Suitability for a specific purpose for which the Consumer or Entrepreneur with consumer rights needs the Product, about which they informed the Seller no later than at the time of concluding the Agreement and which the Seller accepted.

9.3. Additionally, to consider the Product compliant with the Agreement, it must:

9.3.1. Be fit for purposes for which such a Product is typically used, considering applicable laws, technical standards, and good practices,

9.3.2. Be available in the quantity and have the features, including durability and safety, typical for such a Product, which the Consumer or Entrepreneur with consumer rights can reasonably expect, taking into account the nature of the Product and public assurances made by the Seller, its legal predecessors, or persons acting on its behalf, particularly in advertising or on the label unless the Seller proves that:

9.3.2.1. They did not know about the public assurance and could not reasonably have known,

9.3.2.2. The public assurance was corrected before the Agreement was concluded,

9.3.2.3. The public assurance did not affect the Consumer’s or Entrepreneur with consumer rights’ decision to conclude the Agreement.

9.4. The Seller is not liable for non-compliance of the Product with the Agreement if the Consumer or Entrepreneur with consumer rights was explicitly informed, no later than at the time of concluding the Agreement, that a specific feature of the Product deviates from the requirements for compliance with the Agreement and clearly and separately accepted the lack of that feature.

9.5. If the Product is non-compliant with the Agreement, the Consumer or Entrepreneur with consumer rights may demand its repair or replacement.

9.6. The Seller may replace the Product if the Consumer or Entrepreneur with consumer rights demands repair, or the Seller may repair it if the Consumer or Entrepreneur with consumer rights demands replacement if bringing the Product into compliance with the Agreement in the manner chosen by the Consumer or Entrepreneur with consumer rights is impossible or would involve excessive costs for the Seller. If both repair and replacement are impossible or involve excessive costs, the Seller may refuse to bring the Product into compliance with the Agreement. In such a case, the Consumer or Entrepreneur with consumer rights may submit a declaration of price reduction or withdrawal from the Agreement. When assessing excessive costs for the Seller, all circumstances are considered, particularly the significance of the non-compliance of the Product with the Agreement, the value of the Product compliant with the Agreement, and the excessive inconvenience for the Consumer or Entrepreneur with consumer rights resulting from the change in the method of bringing the Product into compliance with the Agreement.

9.7. The Seller repairs or replaces the Product within a reasonable time after being informed of the non-compliance of the Product with the Agreement and receiving the Product from the Consumer or Entrepreneur with consumer rights.

9.8. The Seller bears the costs of repairing or replacing the Product. The Consumer or Entrepreneur with consumer rights is obliged to make the Product available for repair or replacement at the Seller’s expense.

9.9. The Consumer or Entrepreneur with consumer rights may submit a statement of price reduction or withdrawal from the Agreement if the Product is non-compliant with the Agreement and:

9.9.1. The Seller has refused to bring the Product into compliance with the Agreement,

9.9.2. The Seller has not brought the Product into compliance with the Agreement,

9.9.3. The non-compliance of the Product with the Agreement persists despite attempts by the Seller to bring it into compliance,

9.9.4. The non-compliance of the Product with the Agreement is significant enough to justify an immediate price reduction or withdrawal from the Agreement,

9.9.5. From the Seller’s statement or the circumstances, it is evident that the Product will not be brought into compliance with the Agreement within a reasonable time or without excessive inconvenience to the Consumer or Entrepreneur with consumer rights.

9.10. The reduced price must remain proportional to the price under the Agreement, where the value of the non-compliant Product corresponds to the value of a Product that complies with the Agreement. The refund resulting from the price reduction will be made no later than 14 days from receiving the statement of price reduction from the Consumer or Entrepreneur with consumer rights.

9.11. The Seller may refuse to accept a statement of withdrawal from the Agreement by the Consumer or Entrepreneur with consumer rights if it proves that the non-compliance of the Product with the Agreement is insignificant.

9.12. In the event of withdrawal from the Agreement, the Consumer or Entrepreneur with consumer rights must promptly return the Product to the Seller at the Seller’s expense. The Seller will return the Price no later than 14 days from receiving the Product or proof of its return.

9.13. A statement regarding the non-compliance of the Product with the Agreement (Complaint) may be submitted by the Consumer:

9.13.1. In writing to the address: ul. Tomasza Wilsona 30, loc. C5, 42-202 Częstochowa,

9.13.2. Electronically via email to: reklamacje@opinieo.pl.

9.14. It is recommended to include the following in the complaint description:

9.14.1. Information and circumstances regarding the subject of the complaint, particularly the type and date of the defect or non-compliance with the Agreement,

9.14.2. A request to bring the Product into compliance with the Agreement, a statement of price reduction, withdrawal from the Agreement, or another claim,

9.14.3. Contact details of the complainant – this will facilitate and expedite the processing of the complaint by the Seller.

9.15. The above recommendations are non-binding and do not affect the effectiveness of complaints submitted without the recommended description.

9.16. The Seller will respond to the complaint without delay, no later than within 14 calendar days from its submission, on a Durable Medium.

9.17. The Consumer or Entrepreneur with consumer rights exercising their rights regarding non-compliance of the Product with the Agreement is obliged to deliver the Product to the address: ul. Tomasza Wilsona 30, loc. C5, 42-202 Częstochowa.

9.18. The costs of delivering the Product are borne by the Seller.

9.19. The Seller’s liability under the Product warranty toward the Client being an Entrepreneur is excluded.

10. Out-of-court methods of complaint and claims settlement, and rules for access to these procedures:

10.1. The following information is for informational purposes only and does not constitute an obligation on the Seller to use out-of-court methods of dispute resolution.

10.2. Detailed information about the possibility of using out-of-court methods of complaint and claims settlement by the Consumer is available at the offices and websites of municipal (district) consumer advocates, consumer organizations, and the following online addresses of the Office of Competition and Consumer Protection:

10.2.1. http://www.uokik.gov.pl/spory_konsumenckie.php,

10.2.2. http://polubowne.uokik.gov.pl/,

10.2.3. https://www.biznes.gov.pl/pl/portal/001090.

10.3. The Consumer may, in particular (but not exclusively), use the following out-of-court methods of complaint and claims settlement:

10.3.1. The Consumer has the right to apply to a permanent arbitration court for consumers under Art. 37(1) of the Trade Inspection Act with a request to resolve the dispute arising from the Agreement.

10.3.2. The Consumer has the right to apply to the provincial inspector of the Trade Inspection for out-of-court dispute resolution, in accordance with Art. 36(1) of the Trade Inspection Act. Information on the rules and procedures for mediation by the provincial inspector of the Trade Inspection is available at the offices and websites of individual Provincial Trade Inspection Authorities.

10.3.3. The Consumer may file a complaint through the ODR platform: http://ec.europa.eu/consumers/odr/. The ODR platform also serves as a source of information on forms of out-of-court dispute resolution that may arise between entrepreneurs and Consumers.

10.3.4. The Consumer may seek assistance in resolving a dispute between the Consumer and the Seller by also using the free assistance of a district (municipal) consumer advocate or a consumer organization (e.g., the Consumer Federation).

11. Withdrawal from the Agreement:

11.1. A Buyer who is a Consumer or Entrepreneur with consumer rights, who has concluded a distance Agreement, has the right to withdraw from the concluded Agreement without giving reasons and without incurring costs, within 14 (fourteen) days from the date specified in Section 12.3.

11.2. The Agreement can be withdrawn from by submitting a statement of withdrawal to the Seller. The statement may be submitted:

11.2.1. In writing to the address ul. Tomasza Wilsona 30, loc. C5, 42-202 Częstochowa,

11.2.2. By email to the address: odstapienie@opinieo.pl.

11.3. The period for withdrawal, as mentioned in Section 12.1, begins from the moment the Consumer, Entrepreneur with consumer rights, or a third party other than the carrier, takes possession of the Product.

11.4. To meet the deadline, it is sufficient to send the statement before its expiry.

11.5. A sample withdrawal form is attached to these Regulations, but its use is not mandatory.

11.6. Exercising the above right does not affect other Agreements concluded as part of the same Order.

11.7. In the event of withdrawal from a distance Agreement, the Agreement is considered not concluded.

11.8. After receiving the withdrawal statement, the Seller immediately sends the Consumer or Entrepreneur with consumer rights a confirmation of receipt of the withdrawal statement to their email address.

11.9. In the event of withdrawal from the Agreement, the Seller is obliged to immediately, no later than 14 (fourteen) days from receiving the withdrawal statement, refund all payments made by the Consumer or Entrepreneur with consumer rights, including the costs of delivering the Product (except for additional costs resulting from the chosen method of delivery that exceeds the cheapest ordinary delivery method offered by the Seller). If the Seller has not offered to collect the Product themselves, they may withhold the refund until they receive the Product back or the Consumer or Entrepreneur with consumer rights provides proof of return, whichever occurs first.

11.10. The Seller refunds the payment using the same payment method used by the Consumer or Entrepreneur with consumer rights unless they expressly agree to another method that does not involve any costs.

11.11. The Product must be returned to the Seller at the following address: ul. Tomasza Wilsona 30, loc. C5, 42-202 Częstochowa, or handed over to a person authorized by the Seller to collect it, immediately but no later than 14 (fourteen) days from the withdrawal from the Agreement unless the Seller offers to collect the Product. The Consumer or Entrepreneur with consumer rights is required to properly secure the returned Product to prevent damage during transport. Please include, if possible, proof of purchase of the Product or a printed electronic proof of purchase with the returned Product.

11.12. The Consumer or Entrepreneur with consumer rights bears the direct costs of returning the Product. If, due to its nature (e.g., size and weight), the Product cannot be returned in the usual way, the Consumer or Entrepreneur with consumer rights will bear the direct costs of returning the Product, which may be high. The maximum return costs are estimated based on the current price lists available on the websites of carriers responsible for transporting such Products.

11.13. The Consumer or Entrepreneur with consumer rights is liable for a reduction in the value of the Product resulting from its use in a way that exceeds what is necessary to determine the nature, characteristics, and functioning of the Product, including costs associated with examining the Product by a specialist, repairing damaged Products, and reintroducing the Product to sale. In such a case, the Seller reserves the right, among other things, to reduce the refund amount or demand payment to cover the full damage.

11.14. The Seller declares that the right of withdrawal does not apply to Agreements specified in Article 38 of the Consumer Rights Act, in particular:

11.14.1. For the provision of services for which the Consumer is obliged to pay the price if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the start of the service that after its performance by the Seller, they will lose the right to withdraw from the Agreement and acknowledged this fact;

11.14.2. Where the subject of the service is a non-prefabricated Product, manufactured according to the Consumer’s specification or to meet their individualized needs;

11.14.3. Where the subject of the service is a Product delivered in a sealed package that, after opening, cannot be returned for health or hygiene reasons, if the package was opened after delivery;

11.14.4. Where the subject of the service is sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery.

11.15. By concluding the Agreement, the Consumer or Entrepreneur with consumer rights confirms that they have read the content of the Regulations, including confirming that they were informed about the right to withdraw from the concluded Agreement.

12. Personal Data:

12.1. The Seller is the administrator of personal data.

12.2. Detailed personal data protection rules can be found in the “Privacy Policy” section of the Store.

13. Final Provisions:

13.1. These Regulations are available at the website: opinieo.pl/regulamin.

13.2. The Seller reserves the right to change the Regulations for important reasons. Changes to the Regulations come into effect on the date specified by the Seller, but no sooner than 7 (seven) days from their publication on the Store’s website and apply to Agreements concluded in the future, after the expiration of this period.

13.3. In matters not covered by these Regulations, the commonly applicable provisions of Polish law shall apply.

13.4. The choice of Polish law based on these Regulations does not exclude the protection granted to the Consumer under the provisions that cannot be excluded by an agreement between the Company and the Consumer, which would be applicable in the absence of a choice of law.

13.5. The Regulations come into force on September 1, 2023.



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