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Online Store Terms of Use
I. General provisions
1. The terms of use for the Parle online store specify the types, scope and conditions of providing services and selling goods electronically through the online store run under the Internet domain www.parle.cc.
2. The owner of the www.parle.cc online store is Tomasz Skoczylas, who runs a business operation under the name KIORE Tomasz Skoczylas, with its registered office in Swarzędz, 62-020, ul. Sikorskiego 13, NIP number: 7842111873, REGON number: 695609263
3. The Seller can be contacted from Monday to Friday, from 8:00 AM to 4:00 PM on mobile phone at the number +48 695609263 or through e-mail at contact@parle.cc as well as through the contact form available on the www.parle.cc website.
4. These terms of use are intended for Consumers, Entrepreneurs with Consumer rights and Entrepreneurs who use the online store, unless the provisions of the terms of use are intended exclusively for Consumers and Entrepreneurs with Consumer rights or for Entrepreneurs.
5. The condition for using the online store is having read the terms of use, the privacy policy, and accepting them.
6. The Seller provides services electronically within the meaning of the electronically provided services act of 18th July 2002 (The 2002 Journal of Laws No. 144, item 1204, as amended). The Store is accessed under conditions specified in the Terms of Use and is available to all Buyers connected to the Internet. Before starting to use the Store, the Buyer is obligated to read the Terms of Use. The Seller makes the Terms of Use available free of charge, in a form that makes it possible to download them, record them and print them. By shopping at the Store, the Buyer confirms that they have read the Terms of Use as well as that they accept all of their provisions. The Buyer is obligated to comply with the provisions of the Terms of Use.
II. Definitions
The definitions used in these terms of use have the following meanings:
1. Consumer – a natural person conducting a legal transaction not related directly to their business or professional operation.
2. Entrepreneur – a natural person, legal person or unincorporated entity with statutory legal capacity, running a business or professional operation on their own behalf.
3. Entrepreneur with Consumer rights – a natural person who enters into a contract directly related to their business operation, if the content of the contract indicates that it is not of a professional nature to them, arising in particular from the subject of the business operation run by them, made available based on the provisions on the Central Business Operation Register.
4. Buyer – a Consumer, Entrepreneur or Entrepreneur with Consumer rights creating an account at the Store for the purpose of entering into a sales contract with the Seller.
5. Terms of Use – it means these Terms of Use.
6. Online Store – a store run under the Internet domain www.parle.cc, through which the Seller conducts sales of goods.
7. Seller – Tomasz Skoczylas, who runs a business operation under the name KIORE Tomasz Skoczylas, with its registered office in Swarzędz, 62-020, ul. Sikorskiego 13, NIP number: 7842111873, REGON number: 695609263.
8. Customer – a natural person, legal person or unincorporated entity with statutory legal capacity, placing an order on the store’s website. When it comes to natural persons, only a person with full legal capacity can be a Customer.
9. Retail Sale – a sale of goods up to 20 items as well as sales to Consumers or Entrepreneurs with Consumer rights.
10. Sales Contract – a sales contract entered into remotely under the conditions specified in the terms of use, between the Customer and the Seller.
11. Goods – products offered by the Seller through the Store as well as products custom-made on the Buyer’s individual order.
12. Service – services provided by the Seller electronically based on the Terms of Use.
III. The procedure for placing orders
1. The information on the products featured on the website does not constitute an offer and merely an invitation to enter into a contract within the meaning of the provisions of the civil code.
2. Orders can be placed through the website twenty four hours a day, seven days a week.
3. The Store only displays approximate data on the available stock, which is updated once a day. In the event of the goods purchased by the Customer not being available, the Seller shall promptly notify the Customer about this fact and return the money received from the Customer.
4. Orders can be placed by Customers who:
a. have an account on the website;
b. do not have an account on the website;
5. Customers who do not have an account place their orders with the registration procedure omitted.
6. The Customer places their order using the order form at the online store, performing subsequent technical actions based on the messages displayed and the information available on the website.
7. To place an order, it is necessary to accept the online store’s terms of use and privacy policy marked as mandatory and press the “order with the obligation to pay” button.
8. Before placing the order, the Customer will be informed about the total price for the products together with the taxes due and the delivery costs.
9. Upon placing an order, the Seller will promptly confirm receiving it and take the order for fulfillment.
10. The order will be fulfilled upon the Customer paying the full amount to the Seller’s bank account.
IV. Registering a customer account
1. A Customer who wishes to create a customer account is obligated to register for free.
2. Registration takes place using the order form, in which the Customer provides the personal data required to create an account.
3. When filling out the order form, the Customer shall read the terms of use, agreeing to their content by checking the right box on the form.
4. Upon sending the order form, the Customer will promptly receive an account registration confirmation from the Seller electronically.
5. The Customer can access the customer account and make changes to the data provided during the registration.
6. The Customer is granted access to a dedicated panel on the store’s website where they can modify the data entered.
7. The Customer may terminate the agreement for keeping an account at any time by sending information to the Seller. The termination is effective from the moment of being received by the Seller. The Seller may terminate the agreement for keeping an account with a 7 days period of notice, if the Customer is violating the provisions or generally applicable legislation.
8. The data provided during the registration process will be used to fulfill the orders placed.
V. Payment
1. The prices displayed on the www.parle.cc website are gross prices in Polish zloties.
2. Payments can be made through the DOTPAY or PAYPAL payment processors or with payment cards (Visa, Visa Electron, Mastercard, Maestro)
3. An order fulfillment will begin upon the Buyer being sent a confirmation of the Seller taking the order and the money being credited to the Seller’s bank account.
4. The Buyer is obligated to make the payment for the order placed no later than within 7 business days from the day of entering into the sales contract.
5. In the event of failure to pay within a specified time period, the Seller has the right to cancel the order.
6. For every good sold, a sales document will be issued.
7. The prices of goods are subject to change under offered promotional or sale events, with the proviso that the order conditions cannot be changed for a Buyer who placed their order before changes being made to the product’s price.
8. Promotions at the Online Store cannot be cumulative, unless the rules for a particular promotion state otherwise.
VI. Delivery
1. Orders are fulfilled on the territory of Republic of Poland, unless the parties agree otherwise.
2. The prices of goods include the price of delivery on the Polish territory.
3. Deliveries are carried out through the DPD courier company.
4. The time frame for transferring the goods to the carrier is 3 business days from the date of crediting the payment to the Seller’s bank account.
5. The Seller stipulates that the order fulfillment period may be extended, of which the Customer will be notified in an e-mail message.
6. On the day of sending the order, the Seller shall send to the e-mail address a confirmation of shipping the delivery.
7. The Customer is obligated to inspect the received delivery within a time frame and in a way that is standard for this type of deliveries. In the event of finding a damage to the delivery, the Customer has the right to request the carrier’s employee to write a damaged delivery protocol.
VII. Complaints
1. The basis and the extent of the Seller’s liability towards the Customer, if a Product sold has a physical or legal defect (warranty) are specified in the generally applicable legislation, in particular in the Civil Code (including art. 556-576 of the Civil Code).
2. The Seller is liable towards the Customer if a sold good has a physical or legal defect.
3. The Seller is obligated to deliver to the customer a product that is new and free from defects.
4. The Seller shall not be liable for mechanical damages or those arising from inappropriate use of the product or from natural wear.
5. Individual settings of the Customer’s computer and monitor resulting in incorrect or distorted display of information on the goods (i.e. colors), shall not constitute grounds for a complaint.
6. In the event that a product has a defect, the customer may request:
a. lowering of the price or withdrawal from the contract, unless the seller, promptly and without excessive inconveniences to the customer, replaces the defective product with one free from defects or removes the defects.
This limitation does not apply if the product has already been replaced or repaired by the Seller or the Seller hasn’t fulfilled the obligation to replace the product with one free from defects or remove the defects. The Customer may request, instead of the removal of defects offered by the Seller, a replacement of the product with one free from defects or, instead of replacing the product, request a removal of defects, unless making the product compliant with the contract in the way chosen by the Customer is impossible or would require excessive costs compared to the method suggested by the Seller. When evaluating excessive costs, the value of a product free from defects, type and significance of the defect found are taken into account, as well as the inconveniences that other type of solution would expose the Customer to.
b. replacement of the defective product with one free from defects or removal of defects. The Seller is obligated to replace the defective product with one free from defects or remove the defect within a reasonable time frame without excessive inconveniences to the Customer.
The Seller may refuse to satisfy the Customer’s request if making the defective product compliant with the sales contract in a way chosen by the Customer is impossible or, compared with the second possible way of ensuring compliance with the sales contract, it would require excessive costs. The costs of repair or replacement are to be incurred by the Seller.
7. In order to have their complaint looked into, the Consumer or Entrepreneur with Consumer rights shall send the Seller the product with attached bill of sale and complaint form to the Seller’s address.
8. The Customer is entitled to warranty related claims if the product’s physical defect has been found within two years from the day of issuing the product.
9. Only Consumers and Entrepreneurs with Consumer rights are entitled to a warranty.
10. Warranty related rights for defects do not apply in case of a contract entered into between the Seller and an Entrepreneur who does not have Consumer rights.
11. The Seller shall immediately, no later than within 14 days from the day of filing a complaint, respond to the request of a Consumer or an Entrepreneur with Consumer rights.
VIII. Withdrawal from a contract
1. A Customer who is a Consumer or an Entrepreneur with Consumer rights has the right to withdraw from a sales contract.
2. Returned goods should be intact, which includes being complete, in the original packaging, not having any signs of use.
3. The Customer has the right to withdraw from a sales contract without giving a reason within 14 days by submitting a declaration via e-mail or at the Seller’s address.
4. The declaration can be submitted using a contract withdrawal form.
5. A deadline is considered met as long as the declaration is sent before its end.
6. The time frame for withdrawing from a contract starts:
a. for a contract that performance of which includes the entrepreneur issuing the product while being obligated to transfer its ownership – from the consumer or a third party other than the carrier specified by them coming into possession of the product, and in case of a contract that:
- covers multiple products that are delivered separately, in batches or in parts – from coming into possession of the last product, batch or part,
- consists of regular delivery of products for a specified time – from coming into possession of the first of the products;
b. for other contracts – from the day of entering into the contract.
7. The Entrepreneur is obligated to promptly send the Consumer or Entrepreneur with consumer Rights a confirmation of receiving a declaration of withdrawing from a contract. If the Consumer or Entrepreneur with Consumer rights uses an e-mail address, the confirmation shall be sent to the e-mail address.
8. In case of withdrawing from a contract entered into remotely or a contract entered into outside the company’s office, the contract is considered void.
9. The Seller is obligated to promptly, no later than within 14 days from the day of receiving a declaration of withdrawing from the contract by a Consumer or an Entrepreneur with Consumer rights, return all the payments received from them, including the costs of delivery.
10. If the Consumer or Entrepreneur with Consumer rights has chosen a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obligated to return the additional expenses incurred by them.
11. The cost of return delivery is to be covered by the Consumer or Entrepreneur with Consumer rights. The Customer is obligated to properly secure the goods for the duration of the return shipment.
12. The Consumer or Entrepreneur with Consumer rights is obligated to return goods to the Seller or hand them over to a person authorized to collect by the Seller promptly, but no later than within 14 days from the day of withdrawing from the contract, unless the Seller has offered to collect the goods in person. The deadline is considered met as long as the goods are sent before its end.
13. A Customer who is a Consumer or an Entrepreneur with Consumer rights is liable for reduced value of goods arising from using them in a way that exceeds what is necessary to determine the nature, qualities and functioning of the goods.
14. The consumer does not have the right to withdraw from a contract in situations listed in art. 38 item 1 – 13 of the consumer rights act, which in particular means a contract:
a. for providing services, if the entrepreneur has performed a complete service upon clear permission from the consumer, who has been informed before the beginning of provision that upon the entrepreneur completing the provision they will lose the right to withdraw from the contract;
b. in which the price or remuneration depends on the fluctuations on the financial market, which the entrepreneur has no control over, and which may occur before the deadline for withdrawing from the contract;
c. in which the subject of delivery is a non-prefabricated product, manufactured according to the consumer’s specifications or intended to satisfy their individual needs;
d. in which the subject of delivery is a product that expires quickly or has a short shelf life;
e. in which the subject of delivery is a product delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygienic reasons, if the packaging has been opened after delivery;
f. in which the subject of delivery are products that, upon delivery, become inseparably connected with other products due to their nature;
g. in which the subject of delivery are alcoholic drinks, the price of which was determined while entering into the sales contract, and the delivery of which may only take place after 30 days, and the value of which depends on the market fluctuations, which the entrepreneur has no control over;
h. in which the consumer clearly requested the entrepreneur to visit them in order to perform an urgent repair or maintenance; if the entrepreneur additionally offers other services besides the ones requested by the consumer, or they deliver other products besides replacement parts required to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to the additional services or products;
i. in which the subject of delivery are audio or video recordings or computer software delivered in a sealed packaging, if the packaging has been opened after delivery;
j. for delivery of newspapers, periodicals or magazines, with exception of a subscription contract;
k. entered into by way of a public auction;
l. for providing services in the area of accommodation, other than for residential purposes, transport of goods, car rental, gastronomy, leisure related services, entertainment, sport or cultural events, if the contract specifies the day or period of providing the service;
m. for providing digital contents that are not stored on physical medium, if they have started being provided upon clear permission from the consumer before the deadline for withdrawing from the contract and after the consumer being informed by the entrepreneur about losing the right to withdraw from the contract.
15. The provisions related to the Consumer included in par. 14 apply to a natural person entering into a contract directly related to their business operation, if the content of the contract indicates that it is of no professional nature for that person, arising in particular from the subject of the business operation run by them, made available based on the provisions on the Central Business Operation Register.
IX. Newsletter
1. The User may order a newsletter (subscription) service, expressing their consent to receive commercial information within the meaning of the art. 10 par. 2 of the electronically provided services act of 18th July 2002 to their telecommunication end devices, which means for the Seller to deliver to the e-mail address provided by the Customer cyclical contents in form of commercial or marketing information, as well as information on new offers and promotions available from the Issuer and their business partners according to criteria selected by the Customer.
2. The Newsletter subscription service is a free service and is available to every registered User.
3. Under the newsletter service, information is sent electronically in an e-mail message that contains marketing information.
4. The User may withdraw their consent to receive the newsletter after logging into their account or sending an e-mail message with such request to the Seller.
5. Using the services provided by e-mail requires having an active, properly configured e-mail account.
X. Final provisions
1. A sales contract is entered into in Polish, with its content complying with the Terms of Use.
2. The Seller reserves the ability to make changes to the terms of use, especially changes in legislation. Orders accepted for fulfillment before changes to the terms of use entering into force are fulfilled based on the prior terms.
3. The Customer will be informed about changes to the terms of use in form of information published on the Online Store’s website. Customers who have a customer account will also receive information in form of an electronic message.
4. In the event of the Customer not accepting the contents of the updated terms of use, they have the right to terminate the agreement for keeping an account at any time by deleting their account or submitting an adequate declaration to the Seller, in any form, informing them on terminating the agreement for keeping an account.
5. In the event of any questions, please send your messages to the e-mail address: contact@parle.cc
6. The competent court for disputes between the Seller and the Customer is the competent court for the Seller’s registered office.
7. The Seller informs a customer who is a consumer or an entrepreneur with consumer rights about the ability to use extrajudicial methods of pursuing claims, in particular by using help of the consumer ombudsman or the Provincial Trade Inspection Office, turning to an amicable consumer court. Detailed information on access to the procedures is available on the websites of entities authorized to solve disputes extrajudicially https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
8. For matters not governed by these Terms of Use, the provisions of the Civil Code, the Civil Procedure Code act of 17th November 1964 and the consumer rights act of 30th May 2014 shall apply.
9. The terms of use enter into force on the day of being published on the store’s website.
10. The terms of use constitute an integral part of a sales contract entered into with the Customer.
11. The Seller reserves the right to remove products from their offer without prior notice.
12. All contents made available on the Store’s website, as in the pictures, logos, product descriptions, are subject to copyright owned by the Seller or by entities cooperating with them, and are protected based on the provisions of the copyright and related rights act of 4th February 1994.
13. It is forbidden to copy, reproduce, process and distribute in entirety or partially the above mentioned contents without the Seller’s written permission and it constitutes a copyright violation.
14. Ignorance of the terms of use does not exempt the Buyer from the provisions contained therein.
To be completed
Is that the procedure at your store?
This right is sadly inconvenient to the seller, it arises from the consumer rights act, from art. 32 par.1 to be exact. It is a common practice to ommit this provision, but according to the legislation this provision is correct.
Same as above, the provision arises from the act of law. For example, if the customer orders a product worth 30 PLN and chooses to withdraw from the contract, sending the product by courier for 50 PLN, the seller is obligated to refund them for 30 PLN plus the costs of the cheapest delivery, and not the cost incurred by paying the courier company.