Specifying, among other things, the rules for the conclusion of sales contracts through the shop, containing the most important information about the Seller, the shop and the consumer’s rights.
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact the Seller
§ 3 Technical requirements
§ 4 Shop in the Store
§ 5 Payments
§ 6 Complete the order
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Objections
Attachment 1: Withdrawal form Template
§ 1 DEFINITIONS
Working days – days from Monday to Friday except for public holidays.
Account – a free-of-charge function of the Store (service provided electronically) regulated by separate regulations. The Buyer may set up his individual Account in the Store.
Consumer – The Consumer within the meaning of the provisions of the Civil Code.
Buyer – any entity purchasing from the Shop.
Rules and Regulations – these Regulations.
Shop – Andrew Funk’B Recorcs online shop.
Seller – Andrew Funk’B Recorcs
§ 2 Contact the Seller
1. postal address:
Andrew Funk’B Records
Apt 1, 314 South Circular Road St James
Dublin 8, Ireland
2 Warehouse address:
05-520 Konstancin-Jeziorna, Poland.
§ 3 TECHNICAL REQUIREMENTS
For the proper functioning of the Store, you need:
A device with access to the Internet
For placing an order in the Shop, apart from the requirements specified in paragraph 1, an active e-mail account is necessary.
§ 4 SHOPPING IN THE SHOP
The prices of the goods shown in the Shop are the total prices for the goods.
The Seller points out that the total price of an order consists of the price for the goods indicated in the Shop and, if applicable, the delivery costs of the goods.
The goods selected to be purchased must be added to the shopping cart in the Store.
The Buyer then chooses the method of delivery of the goods and the method of payment for the order from those available in the Shop and provides the data necessary for the fulfilment of the order placed.
The order is placed when the Buyer confirms its content and accepts the Terms and Conditions.
Placing an order is tantamount to concluding a sales agreement between the Buyer and the Seller.
The Seller shall provide the Consumer with a confirmation of the conclusion of the sales agreement in electronic form at the e-mail address provided by the Buyer, at the latest at the time of delivery of the goods.
The Buyer may register with the Shop, i.e. set up an Account therein, or make purchases without registering by providing his or her data with each possible order.
§ 5 PAYMENTS
The order placed can be paid for, depending on the Buyer’s choice:
– Via the payment platform: PayPal
The Seller informs that in the case of some payment methods, due to their specificity, payment of the order by this method is only possible directly after placing the order.
By purchasing from the Shop, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.
§ 6 ORDER PROCESSING
The Seller is obliged to deliver goods without defects.
The order lead time is indicated in the Shop.
The Seller will proceed to fulfil the order after it has been paid.
If the Purchaser purchased goods with different lead times under one order, the order shall be fulfilled within the time limit applicable to the goods with the longest lead time.
Goods are delivered in the territory of the United Kingdom, Canada, Swiss and countries of the European Union. The additional costs from non Eu countries such as custom duties are not included in the shipping price.
Goods purchased in the Shop are delivered depending on the delivery method chosen by the Buyer: Post unregistered parcel or registered parcel
§ 7 RIGHT OF WITHDRAWAL
- The costomer has the right to withdraw from the contract concluded with the Seller through the Shop, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
- The period to withdraw from the contract expires after 14 days from the day:
- On which the Customer came into possession of the goods or on which a third party other than the carrier and indicated by the Customer came into possession of the goods.
- On which the Customer has taken possession of the last of the goods or on which a third party, other than the carrier and indicated by the Customer, has taken possession of the last of the goods in the case of a contract involving the transfer of ownership of multiple items which are delivered separately.
- The conclusion of the contract – in the case of a contract for the supply of digital content.
- For the Customer to exercise his/her right of withdrawal, he/she must inform the Seller, using the data provided in § 2 of the Terms and Conditions, of his/her decision to withdraw from the contract by an unequivocal statement (for example, information transmitted by e-mail).
- The customer can use the template withdrawal form at the end of the Terms and Conditions, but it is not obligatory.
- To meet the deadline for withdrawal, it is sufficient for the Customer to send information concerning the exercise of his/her right of withdrawal before the expiry of the deadline for withdrawal.
EFFECTS OF WITHDRAWAL
- In the event of withdrawal from the concluded contract, the Seller shall reimburse to the Consumer all payments received from him, including the costs of delivery of the goods (except for additional costs arising from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller), immediately and in any case no later than 14 days from the day on which the Seller was informed of the Consumer’s decision to exercise his right of withdrawal.
- The Seller shall refund the payment using the same means of payment that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution, in any case the Consumer shall not incur any fees in connection with the refund.
- The Seller may withhold reimbursement until it has received the goods or until it has been provided with proof of return, whichever event occurs first.
- The Seller requests that goods be returned to the warehouse address: Tymek Kaliciński, Słoneczna 7 05-520 Konstancin-Jeziorna, Poland, immediately and in any case no later than 7 days from the day on which the Consumer informed the Seller about withdrawal from the sales contract. The deadline is met if the Consumer sends back the goods before the expiry of the 14-day period.
- The Customer shall bear the direct costs of returning the goods.
- The Customer shall only be liable for any diminution in the value of the goods resulting from the use of the goods other than what was necessary to ascertain the nature, characteristics and functioning of the goods.
- If the goods, due to their nature, cannot be sent back in the usual way by post the Customer shall also have to bear the direct costs of returning the goods. The estimated amount of these costs will be communicated to the Customer by the Seller in the description of the goods in the Shop or when placing the order.
- If a refund is required for a transaction made by the Customer with a payment card, the Seller will make the refund to the bank account assigned to that payment card.
§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
- The Customer has no right of withdrawal from a contract concluded at a distance in relation to a contract:
- In which the object of the performance is a non-refabricated item, produced to the Customer’s specifications or serving to satisfy his individualised needs.
- In which the object of the performance is an item that is perishable or has a short shelf life.
- In which the object of the performance is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery.
- In which the object of the performance is things which are, by their nature, inseparable from other things after delivery.
- In which the subject matter of the performance is sound or visual recordings or computer programs delivered in sealed packaging if the packaging has been opened after delivery.
- In which the price or remuneration depends on fluctuations in the financial market which are not under the trader’s control and which may occur before the end of the withdrawal period.
- For the supply of digital content which is not recorded on a tangible medium if the performance has begun with the customer’s express consent before the end of the withdrawal period and after the trader has informed the customer of the loss of the right of withdrawal.
- The right of withdrawal from a distance contract is not granted to an entity other than the Customer.
§ 9 COMPLAINTS
- In the event of a defect in the goods, the Buyer has the possibility to complain about the defective goods based on the warranty or guarantee regulated in the Civil Code, provided that the guarantee has been granted.
- Using the warranty, the Buyer may, according to the principles and within the time limits specified in the Civil Code:
- Make a declaration to reduce the price
- In the case of a material defect, make a declaration to withdraw from the contract
- Request a replacement of the item with a defect-free item
- Demand removal of the defect
- The Seller asks for complaints based on the warranty to be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
- If a guarantee is additionally granted for the goods, information about it and its conditions is available in the product description in the Shop.
- Complaints concerning the operation of the Shop should be sent to the e-mail address specified in § 2 of the Terms and Conditions.
- A complaint will be reviewed by the Seller within 14 days.
OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES
- If the complaint procedure fails to produce the result expected by the Customer, the Buyer may make use of, among others:
- Mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. A list of Inspectorates can be found at here.
- The assistance of the locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available here.
- Free assistance from the city’s Consumer Office.
- ODR’s online platform available here.
§ 10 PERSONAL DATA
The administrator of the personal data provided by the Buyer when using the Shop is the Seller.
§ 11 DISCLAIMERS
- The provision of unlawful content by the Buyer is prohibited.
- Each order placed with the Store constitutes a separate sales contract and requires separate acceptance of the terms and conditions. The contract is concluded for the time and purpose of fulfilling the order.
- Contracts concluded based on these regulations shall be concluded in the Polish language.
- In the case of a potential dispute with a Buyer who is not a Consumer, the court of competent jurisdiction shall be the Seller’s registered office.
- None of the provisions of these terms and conditions shall exclude or in any way limit the rights of a Consumer resulting from the provisions of the law.
- The provisions relating to goods shall apply accordingly to digital content unless the Terms and Conditions stipulate these issues separately.
- Attachment No. 1 to the Terms and Conditions.