TERMS AND CONDITIONS OF THE aproxpolska.com ONLINE STORE

§ 1. Introductory provisions.

  1. The online store available at www.aproxpolska.com is run by Aprox Sp. z o.o. with headquarters in Nowa Wieś, ul. Polna 26, 05-806 Nowa Wieś (which is also the delivery address), entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register under the number KRS 0000899614, NIP: 534-264-00-76 and REGON: 388966012, with share capital of PLN 50,000.00, e-mail address: biuro@aproxpolska.com, contact telephone number: + 48 539 660 207.

  2. These Regulations are addressed to both Consumers and Entrepreneurs using the Online Store and define the rules of using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Online Store.

§ 2. Definitions

a. Price - the amount of gross remuneration specified in Polish zlotys (including VAT) due to the Seller for the transfer of ownership of the Goods 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 state otherwise.

b. Order Processing Time - the time during which the order is completed and then handed over to the supplier to deliver the Goods to the address indicated by the Customer. The Order Processing Time does not include the delivery time.

c. Business Day - one day of the week from Monday to Friday (excluding public holidays).

d. Registration form - a form available in the Online Store that allows you to create an Account.

e. Order form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.

f. Password - a string of alphanumeric characters, necessary for authorization when accessing the Account, which is specified by the Customer when creating the Account. Account registration requires the password to be repeated twice in order to detect and correct any errors. The Customer is obliged to keep the Password strictly confidential (not disclosed to any third parties). The Seller provides the Customer with the option of changing the Password.

g. Client - (1) a natural person; or a legal person acting by an authorized person (2); or (3) an organizational unit without legal personality, which the law recognizes legal capacity; having full legal capacity, which, under the conditions specified in the Regulations, places an Order in the Online Store and for the benefit of which services are provided electronically.

h. Civil Code - the Act of April 23, 1964 (i.e. of February 9, 2017 of August 29, 1997 (Journal of Laws No. 133, item 883).

i. Consumer - a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity.

j. Account - an Electronic Service, marked with an individual name (Login) and Password provided by the Customer, a set of resources in the Seller's ICT system, allowing the Customer to use additional functionalities / services. The Customer gains access to the Account using the Login and Password. The customer logs in to his Account after registering in the Online Store. The account allows you to save and store information about the Customer's address data for the shipment of Products, track the status of the Order, access the history of the Orders.

k. Cart - an Electronic Service made available to every Customer who uses the Online Store, enabling him to define and approve the subject and terms of the order.

l. Login - the Customer's e-mail address provided as part of the Online Store when creating the Account.

m. Product / Goods - a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller, for the payment of the Price. All Products offered in the Online Store are brand new.

n. Promotions - special conditions of sale or provision of services, regulated on the terms expressed in the Online Store, proposed by the Seller at a specific time, which the Customer may use on the terms specified therein, such as reducing the Price or shipping costs.

o. Regulations - this document specifying the rules for concluding Sales Agreements and the rules for the provision and use of services provided by the Seller via the Online Store for customers. The Regulations define the rights and obligations of the Customer and the Seller

p. Online Store - a platform enabling the submission of Orders by the Customer and the provision of services provided by the Seller, run by the Seller, constituting a set of interconnected websites, available at the Internet address: www.aproxpolska.com.

q. Seller - Aprox Sp. z o.o. with headquarters in Nowa Wieś, ul. Polna 26, 05-806 Nowa Wieś (which is also the delivery address), entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register under the number KRS 0000899614, NIP: 534-264-00-76 and REGON: 388966012, with share capital of PLN 50,000.00, e-mail address: biuro@aproxpolska.com, contact telephone number: + 48 539 660 207.

r. Sales Agreement - a sales contract within the meaning of the Civil Code, regarding the sale of Products by the Seller to the Customer for the payment of the Price increased by any additional fees, including shipping costs, the terms of which are specified in particular in these Regulations. The contract of sale is a contract concluded remotely, after the acceptance of the Order by the Seller on the terms set out in these Regulations. The Sales Agreement specifies in particular: the Product, its main features, Price, shipping costs and other relevant conditions. Each Product is the subject of a separate Sales Agreement.

s. Distance contract - contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Online Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.

t. Electronic service - the provision of electronic services within the meaning of the Act on the provision of electronic services by the Seller to the Customer via the Online Store. To the extent that the services are provided by entities cooperating with the Seller, relevant provisions regarding the rules of using these services can be found in the regulations governing the provision of services by these entities.

u. Act on consumer rights - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827 as amended).

v. 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),

w. Technical requirements - minimum technical requirements, the fulfillment of which is necessary for cooperation with the ICT system used by the Seller, including the conclusion of a contract for the provision of services or the conclusion of a Sales Agreement,

x. Order - Customer's declaration of will expressing the direct will to conclude a Distance Sale Agreement, submitted using the basket function, specifying the essential conditions for which the Customer submits an offer to conclude a Sales Agreement and the Customer's data necessary for the possible conclusion and performance of the Sales Agreement. Acceptance of the Order means the conclusion of the Sales Agreement (see above).

 

§ 3. Contact with the Store

  1. Seller's address: Aprox Sp. z o.o.,05-806 Nowa Wieś, ul. Polna 26

  2. Seller's e-mail address: biuro@aproxpolska.com

  3. Seller's telephone number: +48 539 660 207

  4. Seller's bank account number: 67 1140 2004 0000 3802 8125 7152

  5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.

  6. The customer can communicate by phone with the Seller during the hours: 9:00 – 17:00.

 

§ 4. Technical requirements

To use the Store, including viewing the Store's assortment and placing orders for Products, you must:

a. terminal device with access to the Internet and a web browser such as

Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher,

b. an active e-mail account (e-mail),

c. cookies are enabled,

d. Javascript enabled.

 

§ 5. General information

  1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Online Store, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure. For the purposes of this paragraph, force majeure shall be understood as an external sudden, unforeseeable and independent of the will of the Seller and the Customer, which occurred after the conclusion of the Sales Agreement, preventing the performance of this contract in whole or in part, permanently or for a period of time, which cannot be prevented or be counteracted with due diligence. In particular, he considers the manifestations of Force Majeure to be: war, riots, flood, fire, hurricane, storm, earthquake and other natural disasters, documented power cuts.

  2. Viewing the assortment of the Online Store does not require creating an Account.

  3. Placing Orders by the Customer for Products in the Online Store's assortment is possible either after registering the Account in accordance with the provisions of § 6 of the Regulations or without registering the Account.

  4. The prices given in the Online Store are given in Polish zlotys and are gross prices (including VAT).

  5. The final (final) amount to be paid by the Customer consists of the Price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Online Store website when placing the Order, including at the time of expressing the will to be bound by the Sales Agreement.

  6. The Store reserves the right to change the Prices of all the Goods on offer, introduce and withdraw the Goods from the offer, announce and terminate or change the terms of promotional campaigns carried out on the websites of aproxpolska.com. The right referred to in the preceding sentence does not affect the order placed before the effective date of a specific amendment.

 

§ 6. Creating an Account in the Online Store

  1. To set up an Account in the Online Store, you must complete the Registration Form. It is necessary to provide the following data: name, surname and e-mail address.

  2. Creating an Account in the Store is free of charge.

  3. Logging in to the Account is done by entering the Login (e-mail address) and Password set in the Registration Form.

  4. The Customer may at any time, without giving any reason and without incurring any fees, delete the Account. For this purpose, he is obliged to send a relevant request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

 

§ 7. Rules for placing an Order

In order to place an Order:

  1. log in to the Online Store or use the option of placing an order without registration. In the latter case, it will be necessary to enter the recipient's details (name and surname) and the address to which the Product is to be delivered in the Order Form,

  2. select the Product that is the subject of the Order, and then click the "Add to Cart" button (or equivalent)

  3. choose the method of delivery (Product delivery);

  4. in accordance with the Act of July 4, 2019. on the amendment to the act on tax on goods and services and certain other acts, if a VAT invoice is to be issued for the transaction, the entity's tax identification number must be provided at the time of placing the Order.

    If the customer considers obtaining an invoice at a later date, it will only be possible if the customer's tax identification number is entered on the receipt upon its issue.

  5. click the "Order and pay" button,

  6. choose one of the available payment methods and depending on the method of payment, pay for the order within a specified period, subject to § 8 point 3.

 

§ 8. Delivery and payment methods offered.

  1. The Customer may use the following methods of delivery or collection of the ordered Product:

    a. courier service for prepayment,

    b. cash on delivery courier,

    c. pickup in person available at: Aprox Sp. z o.o., ul. Polna 26, 05-806 Nowa Wieś.

  2. The customer can use the following payment methods:

    a. Payment in cash upon personal collection at the address: Aprox Sp. z o.o., ul. Polna 26, 05-806 Nowa Wieś,

    b. Cash on delivery upon delivery,

    c. Payment by bank transfer to the Seller's account,

    d. Electronic payments,

    e. Payment by credit card.

  3. Detailed information on delivery methods and acceptable payment methods can be found on the Online Store website.

 

§ 9. Execution of the sales contract

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.

  2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains a summary and information about the possibility of viewing the Order on the "Order history" page after logging in to the account Customer using the "My Account" page in our store or if the Customer has a "Guest Account" about the possibility of tracking the order in the "Order Tracking" section. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.

  3. If the Customer has chosen a delivery method other than personal collection, the Product will be shipped by the Seller within the time specified in its description in the manner chosen by the Customer when placing the Order, but not earlier than after the Customer has made the payment, unless the Customer has chosen the cash on delivery method.

  4. The start of the period for delivery of the Product to the Customer is counted as follows:

    a. If the Customer chooses the method of payment by bank transfer, electronic payment or credit card - from the first business day after the date of crediting the Seller's bank account.

    b. If the Customer chooses the method of payment on delivery - from the first business day after the date of the Sale Agreement.

    c. if the Customer selects a personal Product collection, the Product will be ready for collection by the Customer within the time specified in the Product description. Pickup in person is possible on business days from 9:00 a.m. to 5:00 p.m. at the address Aprox Sp. z o.o., ul. Polna 26, 05-806 Nowa Wieś.

  5. Order fulfillment time (availability):

    - available - The product is in the Seller's warehouse and can be shipped immediately

    - ask for availability - The product is currently not in the Seller's warehouse. In response to a telephone or e-mail inquiry of the Customer, the Seller will specify the date on which the Product will be available in its warehouse.

 

§ 10. The right to withdraw from the contract

  1. The consumer may withdraw from the Sales Agreement within 14 (fourteen) calendar days without giving any reason and without incurring costs, except for the costs specified in paragraph 7 letter d below.

  2. The running of the time limit specified in sec. 1 begins from the date of delivery of the Product to the Consumer or a person designated by him, other than the carrier. In the case of an Agreement that includes many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 runs from the delivery of the last item, batch or part.

  3. The withdrawal from the contract takes place by submitting a written declaration of withdrawal from the contract by the Consumer to the Seller. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer to send a statement before the expiry of this period.

  4. The declaration of withdrawal from the contract may be sent by traditional mail or by e-mail by sending a statement to the Seller's e-mail address or by submitting a statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on the form, which the template is attached as Appendix 1 to these Regulations and an attachment to the Act of May 30, 2014 on consumer rights, but it is not obligatory.

  5. If the Consumer sends the declaration by e-mail, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement.

  6. The right to withdraw from the Agreement is not entitled to the Consumer in relation to the agreement (pursuant to Article 38 of the Act of 30/05/2014 on consumer rights):

    a. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;

    b. in which the subject of the service is an item that deteriorates quickly or has a short shelf life;

    c. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;

    d. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;

  7. Consequences of withdrawal from the Agreement:

    a. The contract is considered not concluded.

    b. The consumer is obliged to return the Product in a condition not exceeding the necessary to establish the nature of the Product, as well as its features and functioning, to the Seller's address provided in these Regulations, immediately, no later than 14 days from the date on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back within 14 days.

    c. The Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, except for the additional costs referred to in point d below.

    d. The direct cost of returning the product as a result of withdrawal is borne by the Consumer. Moreover, if the Consumer has chosen a method of delivery other than the cheapest, ordinary method of delivery offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by the Consumer.

    e. The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for him.

    f. The Seller may withhold the reimbursement until the Product is received back or until proof of its return is provided to him, whichever occurs first.

    g. The consumer is only responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.

  8. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as about the costs of returning the Product, will be included in the Product description in the Online Store.

 

§ 11. Complaint and warranty

  1. The products in the Seller's offer are free from physical and legal defects and legally placed on the Polish market. The Sales Agreement covers new Products, unless it is clearly stated otherwise in the Product description in the Store.

  2. The seller is obliged to provide the customer with an item free from defects.

  3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on the warranty for defects contained in the Civil Code. If the Client is an Entrepreneur, the parties exclude liability under the warranty.

  4. Complaints should be submitted in writing or electronically to the addresses of the Seller provided in these Regulations.

  5. It is recommended to include in the complaint, inter alia, a brief description of the defect, the circumstances (including the date) of its occurrence, data of the Customer submitting the complaint, and the Customer's request in connection with the defect of the Goods.

  6. The Seller will respond to the complaint immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer's request was considered justified.

  7. Goods returned as part of the complaint procedure should be sent together with the proof of purchase to the address provided in § 3 of these Regulations.

  8. If a guarantee has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store. The seller will also attach a warranty card to the sold Product. As a rule, the Seller provides a warranty for keyboards. The warranty period is 12 months from the delivery of the Goods - in the case of Entrepreneurs and 24 months from the delivery of the Goods - in the case of Consumers.

 

§ 12. Out-of-court ways of dealing with complaints and redress

  1. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Inspection Handlowa and at the following internet addresses of the Office of Competition and Consumer Protection:
    http://www.uokik.gov.pl/spory_konsumenckie.php
    http://www.uokik.gov.pl/sprawy_indywidualne.php and
    http://www.uokik.gov.pl/wazne_adresy.php.

  2. The consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:

    a. The consumer is entitled to apply to a permanent amicable consumer court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.

    b. The consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.

    c. The consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

 

§ 13. Personal data in the Online Store.

The rules for the processing and protection of personal data provided by customers in connection with their use of the services of the Online Store www.aproxpolska.com. is specified in the Privacy Policy of aproxpolska.com, which is an integral part of these Regulations.

 

§ 14. Final Provisions

  1. Agreements concluded through the Online Store are concluded in Polish.

  2. The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance. The amendment to the Regulations will not affect the Orders placed before such a change, which will be implemented on the basis of the existing rules.

  3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; The Act on the provision of electronic services; Consumer Rights Act.

  4. The customer has the right to use extrajudicial means of dealing with complaints and redress. For this purpose, he may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.

  5. The Privacy Policy on the Store's website is an integral part of the Regulations.

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