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Regulations of the Postigon online store


specifying, among others, rules for concluding sales contracts through the Store, containing the most important information about the Seller, the Store and Consumer rights

CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order fulfillment
§ 7 Right to withdraw from the contract
§ 8 Exceptions to the right to withdraw from the contract
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
§ 12 Provisions regarding Buyers who are not Consumers
Annex No. 1: Sample contract withdrawal form

§ 1 DEFINITIONS

Working days - days from Monday to Friday, except public holidays.
Account – a free function of the Store regulated by separate regulations (service provided electronically), thanks to which the Buyer can set up his or her individual Account in the Store.
Consumer – a consumer within the meaning of the provisions of the Civil Code.
Buyer – any entity purchasing in the Store.
Pick-up point – point located at Pomorska 58A, 70-812 Szczecin, Poland.
Regulations – these regulations.
Store – Postigon online store run by the Seller at https://postigon.com
Seller – Postigon Sp. z o. o., entered into the Central Registration and Information on Economic Activity kept by the minister responsible for economy and maintaining the Central Registration and Information on Economic Activity, NIP 8513191920, KRS number 0000602412, Pomorska 58A, 70-812 Szczecin, Poland.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: Pomorska 58a, 70-812 Szczecin, Poland.
  2. E-mail address: office@postigon.com
  3. Phone: +48 91 851 15 51
  4. Address for returning goods (in case of withdrawal from the contract): Pomorska 58a, 70-812 Szczecin, Poland.
  5. Address for sending the complained goods: Pomorska 58a, 70-812 Szczecin, Poland.

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store, you need:
    • device with Internet access
    • web browser that supports JavaScript and cookies.
  2. To place an order in the Store, in addition to the requirements specified in section 1, an active email account is required.

§ 4 SHOPPING IN THE STORE

  1. The prices of goods visible in the Store are the total prices for the goods.
  2. The Seller points out that the total price of the order includes the price for the goods indicated in the Store and, if applicable, the costs of delivery of the goods.
  3. The product selected for purchase should be added to the cart in the Store.
  4. Then, the Buyer selects from those available in the Store: the method of delivery of the goods and the payment method for the order, and provides the data necessary to complete the order.
  5. The order is placed when its content is confirmed and the Regulations are accepted by the Buyer.
  6. Placing an order is equivalent to concluding a sales contract between the Buyer and the Seller.
  7. The Seller will provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium at the latest at the time of delivery of the goods.
  8. The Buyer may register in the Store, i.e. create an Account, or make purchases without registration by providing his/her data with each order.

§ 5 PAYMENTS

  1. You can pay for your order, depending on the Buyer's choice:
    1. By standard transfer to the Seller's bank account.
    2. Using a payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    3. Via the payment platform:
      • Płatności Shoper
      • eCard
      • dotpay
      • PayU
      • Przelewy24
      • TPay.com
    4. Cash on delivery, i.e. by card or cash upon delivery of the goods to the Buyer.
  2. If you choose to pay via the Płatności Shoper payment platform, the entity providing online payment services is Blue Media S.A.
  3. If the Buyer chooses payment in advance, the order must be paid within 7 Business Days of placing the order.
  4. The Seller informs that in the case of some payment methods, due to their specificity, payment for the order using this method is only possible immediately after placing the order.
  5. When making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.

§ 6 ORDER EXECUTION

  1. The Seller is obliged to deliver the goods without defects.
  2. The order processing time is 14 business days.
  3. If the Buyer has chosen to pay for the order in advance, the Seller will begin processing the order after it has been paid.
  4. Countries in whose territory the delivery takes place:
    • Poland, European Union
  5. Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:
    1. Via a courier company
    2. Via Poczta Polska
    3. To InPost parcel lockers
  6. The Buyer may collect the goods in person at the Collection Point during its opening hours.
  7. If the Buyer chooses personal collection, the goods will be ready for collection on the specified order completion date, and if the Seller has indicated a date for sending the goods - on that date.

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

  1. The Consumer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
  2. The deadline to withdraw from the contract expires after 14 days from:
    1. in which the Consumer came into possession of the goods or in which a third party other than the carrier and indicated by the Consumer came into possession of the goods.
    2. in which the Consumer came into possession of the last item or in which a third party, other than the carrier and indicated by the Consumer, came into possession of the last item in the case of a contract obliging to transfer ownership of many items that are delivered separately.
    3. concluding a contract - in the case of a contract for the supply of digital content.
  3. In order for the Consumer to exercise the right to withdraw from the contract, he or she must inform the Seller, using the data provided in § 2 of the Regulations, about his or her decision to withdraw from the contract by means of an unambiguous statement (e.g. a letter sent by post or information sent by e-mail).
  4. The consumer may use the sample withdrawal form at the end of the Regulations, but this is not obligatory.
  5. In order to meet the deadline for withdrawal from the contract, it is sufficient for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawal from the contract expires.

    EFFECTS OF WITHDRAWAL FROM THE CONTRACT
  6. In the event of withdrawal from the concluded contract, the Seller returns to the Consumer all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard delivery method offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed about the Consumer's decision to exercise the right to withdraw from the contract.
  7. The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution, and in any case the Consumer will not incur any fees in connection with this refund.
  8. The Seller may withhold the refund until receipt of the goods or until proof of its return is provided, depending on which event occurs first.
  9. The Seller requests that the goods be returned to the following address: Pomorska 58a, 70-812 Szczecin, Poland immediately, and in any case no later than 14 days from the date on which the Consumer informed the Seller about withdrawal from the sales contract. The deadline is met if the Consumer returns the goods before the 14-day period expires.
  10. The consumer bears the direct costs of returning the goods.
  11. The consumer is only liable for any reduction in the value of the goods resulting from using them in a manner other than what was necessary to establish the nature, characteristics and functioning of the goods.
  12. If the goods cannot be returned by regular post due to their nature, the consumer will also have to bear the direct costs of returning the goods. The Consumer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.
  13. If there is a need to refund funds for a transaction made by the Consumer with a payment card, the Seller will make the refund to the bank account assigned to this payment card.

§ 8 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE CONTRACT

  1. The right to withdraw from a distance contract is not available to the Consumer in relation to the contract:
    1. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to meet his individual needs;
    2. in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
    3. 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 package was opened after delivery;
    4. in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items;
    5. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
    6. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
    7. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawal from the contract;
    8. for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the Consumer's express consent before the deadline for withdrawal from the contract and after the entrepreneur informed him about the loss of the right to withdraw from the contract.

§ 9 COMPLAINTS

  1. In the event of a defect in the goods, the Buyer may complain about the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, provided that a guarantee has been granted.
  2. Using the warranty, the Buyer may, under the terms and within the deadlines specified in the Civil Code:
    1. submit a declaration of price reduction,
    2. in the event of a significant defect - submit a declaration of withdrawal from the contract,
    3. demand that the item be replaced with a defect-free one,
    4. demand removal of the defect.
  3. The Seller asks to submit complaints under the warranty to the postal or electronic address indicated in § 2 of the Regulations.
  4. If it turns out that in order to consider the complaint, it is necessary to deliver the complained goods to the Seller, the Buyer is obliged to deliver the goods, in the case of the Consumer, at the Seller's expense, to the address Pomorska 58A, 70-812 Szczecin, Poland.
  5. If an additional warranty has been granted for the goods, information about it and its conditions is available in the product description in the Store.
  6. Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
  7. The complaint will be considered by the Seller within 14 days.

    OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS
  8. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others, with:
    1. mediation conducted by the appropriate Provincial Trade Inspection Inspectorate, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
    2. assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of the Trade Inspection, to which an application to consider the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
    3. free assistance of a municipal or district Consumer Ombudsman;
    4. online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 10 PERSONAL DATA

  1. The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information regarding the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as data recipients - can be found in the Privacy Policy available in the Store - due to the principle of transparency contained in the general regulation of the European Parliament and of the Council (EU) on data protection - "GDPR".
  2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for the processing of personal data in this case is:
    • sales contract or actions taken at the Buyer's request aimed at concluding it (Article 6(1)(b) of the GDPR),
    • the Seller's legal obligation related to accounting (Article 6(1)(c) and
    • the legitimate interest of the Seller, consisting in the processing of data in order to establish, pursue or defend possible claims (Article 6(1)(f) of the GDPR).
  3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude a sales contract. Failure to provide data will prevent the conclusion of a sales contract in the Store.
  4. The Buyer's data provided in connection with purchases in the Store will be processed until:
    1. the sales contract concluded between the Buyer and the Seller will cease to be valid;
    2. the Seller will no longer have a legal obligation to process the Buyer's data;
    3. the Buyer or Seller will no longer be able to pursue claims related to the sales contract concluded by the Store;
    4. the Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Seller
    – depending on what is applicable in a given case and what will happen next.
  5. The buyer has the right to demand:
    1. access to your personal data,
    2. their corrections,
    3. deletion,
    4. processing restrictions,
    5. transferring data to another administrator
      and also the rights to:
    6. object at any time to the processing of data for reasons related to the Buyer's particular situation - to the processing of personal data concerning him, based on Art. 6 section 1 letter f GDPR (i.e. on legitimate interests pursued by the administrator).
  6. In order to exercise their rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.
  7. If the Buyer considers that his data is being processed illegally, the Buyer may submit a complaint to the President of the Office for Personal Data Protection.

§ 11 RESERVATIONS

  1. The Buyer is prohibited from providing illegal content.
  2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded on time and in order to complete the order.
  3. Agreements concluded on the basis of these regulations are concluded in Polish.
  4. None of the provisions of these regulations exclude or in any way limit the Consumer's rights arising from legal provisions.
  5. The provisions regarding goods and the sales contract apply accordingly to digital content and the contract for the supply of digital content, unless the Regulations specify these issues separately.

§ 12 PROVISIONS APPLICABLE TO BUYERS WHO ARE NOT CONSUMERS

  1. The right to withdraw from a distance contract does not apply to any entity other than the Consumer.
  2. Any liability of the Seller towards a Buyer who is not a Consumer is limited to the amount of the order placed by the Buyer.
  3. The Seller's liability under the warranty towards the Buyer who is not a Consumer is limited to one year from the date of delivery of the goods to the Buyer.
  4. In the event of a possible dispute with a Buyer who is not a Consumer, the competent court will be the court having jurisdiction over the Seller's registered office.

Annex No. 1 to the Regulations

Below is a sample withdrawal form that the Consumer may, but does not have to, use:



SAMPLE WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)

Postigon Sp. z o. o.
Pomorska 58A, 70-812 Szczecin, Poland
e-mail address: office@postigon.com

- I/We(*) hereby inform(*) about my/our withdrawal from the contract for the sale of the following items(*) / for the provision of the following service(*) / for the supply of digital content in the form of(*):


....................................................................................................................................................................................................................................

....................................................................................................................................................................................................................................

....................................................................................................................................................................................................................................

- Date of conclusion of contract(*)/acceptance(*) .................................................. ............................................................. ............................................

- Name and surname of the Consumer(s): ........................................ ............................................................. ........................................

- Address of the Consumer(s): ............................................ ............................................................. ............................................

............................................................. ............................................................. ............................................................. ............................


............................................................. .........................................
Consumer's signature
(only if the form is sent in paper version)


Date ............................................

(*) Delete as appropriate.

Account regulations in the Postigon store

CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal data
§ 7 Reservations

§ 1 DEFINITIONS


Account – a free function of the Store regulated by separate regulations (service provided electronically), thanks to which the Buyer can set up his or her individual Account in the Store.
Buyer – any entity purchasing in the Store.
Store – Postigon online store run by the Seller at https://postigon.com
Seller – Postigon Sp. z o. o., entered into the Central Registration and Information on Economic Activity kept by the minister responsible for economy and maintaining the Central Registration and Information on Economic Activity, NIP 8513191920, KRS number 0000602412, Pomorska 58A, 70-812 Szczecin, Poland.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: Pomorska 58a, 70-812 Szczecin, Poland.
  2. E-mail address: office@postigon.com
  3. Phone: +48 91 851 15 51

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store, you need:
    • device with Internet access
    • web browser that supports JavaScript and cookies.
  2. To place an order in the Store, in addition to the requirements specified in section 1, an active email account is required.

§ 4 ACCOUNT

  1. Creating an Account is completely voluntary and depends on the will of the Buyer.
  2. The account gives the Buyer additional possibilities, such as: viewing the history of orders placed by the Buyer in the Store, checking the order status or editing the Buyer's data independently.
  3. In order to create an Account, please complete the appropriate form in the Store.
  4. At the time of opening the Account, an agreement for maintaining the Account is concluded for an indefinite period between the Buyer and the Seller on the terms specified in these regulations.
  5. The Buyer may cancel the Account at any time without incurring any costs.
  6. In order to resign from the Account, please send your resignation to the Seller at the e-mail address: office@postigon.com, which will result in immediate deletion of the Account and termination of the contract regarding maintaining the Account.

§ 5 COMPLAINTS

  1. Complaints regarding the functioning of the Account should be sent to the e-mail address: office@postigon.com.
  2. The complaint will be considered by the Seller within 14 days.

    OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS
  3. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others, with:
    1. mediation conducted by the appropriate Provincial Trade Inspection Inspectorate, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
    2. assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of the Trade Inspection, to which an application to consider the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
    3. free assistance of a municipal or district Consumer Ombudsman;
    4. online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 6 PERSONAL DATA

  1. The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information regarding the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as data recipients - can be found in the Privacy Policy available in the Store - due to the principle of transparency contained in the general regulation of the European Parliament and of the Council (EU) on data protection - "GDPR".
  2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for the processing of personal data in this case is:
    • sales contract or actions taken at the Buyer's request aimed at concluding it (Article 6(1)(b) of the GDPR),
    • the Seller's legal obligation related to accounting (Article 6(1)(c) and
    • the legitimate interest of the Seller, consisting in the processing of data in order to establish, pursue or defend possible claims (Article 6(1)(f) of the GDPR).
  3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude a sales contract. Failure to provide data will prevent the conclusion of a sales contract in the Store.
  4. The Buyer's data provided in connection with purchases in the Store will be processed until:
    1. the sales contract concluded between the Buyer and the Seller will cease to be valid;
    2. the Seller will no longer have a legal obligation to process the Buyer's data;
    3. the Buyer or Seller will no longer be able to pursue claims related to the sales contract concluded by the Store;
    4. the Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Seller
    – depending on what is applicable in a given case and what will happen next.
  5. The buyer has the right to demand:
    1. access to your personal data,
    2. their corrections,
    3. deletion,
    4. processing restrictions,
    5. transferring data to another administrator
      and also the rights to:
    6. object at any time to the processing of data for reasons related to the Buyer's particular situation - to the processing of personal data concerning him, based on Art. 6 section 1 letter f GDPR (i.e. on legitimate interests pursued by the administrator).
  6. In order to exercise their rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.
  7. If the Buyer considers that his data is being processed illegally, the Buyer may submit a complaint to the President of the Office for Personal Data Protection.

§ 7 RESERVATIONS

  1. The Buyer is prohibited from providing illegal content.
  2. The agreement regarding maintaining the Account is concluded in English.
  3. In the event of important reasons referred to in section 4, the Seller has the right to change these Account regulations.
  4. Important reasons referred to in section 3 are:
    1. the need to adapt the Store to the legal provisions applicable to the Store's operations
    2. improving the security of the service provided
    3. changing the functionality of the Account requiring modification of the Account regulations.
  5. The Buyer will be informed about the planned change to the Account regulations at least 7 days before the change takes effect via an e-mail sent to the address assigned to the Account.
  6. If the Buyer does not accept the planned change, he should inform the Seller about it by sending an appropriate message to the Seller's e-mail address office@postigon.com, which will result in termination of the contract for maintaining the Account upon the entry into force of the planned change or earlier, if the Buyer submits such a request.
  7. If the Buyer does not object to the planned change until it enters into force, it is assumed that he accepts it, which does not constitute any obstacle to terminating the contract in the future.
  8. In the event of a possible dispute with a Buyer who is not a Consumer, the competent court will be the court having jurisdiction over the Seller's registered office.
  9. None of the provisions of these regulations exclude or in any way limit the Consumer's rights arising from legal provisions.
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