The contract between a Buyer and the Seller may be concluded in two ways:
Buyer has the right to negotiate all contractual provisions with the Seller before concluding the contract, including these provisions which change the meaning of these regulations. The negotiations must be run in writing and directed to the Seller’s address (RAK HAFFER, ul. Biała 19, 87-100 Toruń).
In case of Buyer’s resigning from individual negotiations related to the contract the regulations below and appropriate law provisions are applicable.
1. Personal Data Controller:
Cereus Wena Adam i Grażyna Witkowscy S.J., ul. Biała 19, 87-100 Toruń, NIP: 879-017-46-31, REGON: 005741669
2. Postal address – name and surname or company’s name, location (in case of the division into streets: street, building number, no. of flat/house; in case of other division: town and number of the building), post code and a town name.
3. Address for complaints:
RAK HAFFER, ul. Biała 19, 87-100 Toruń
4. Delivery pricing – may be checked at the internet address http://rakhaffer.com/page/dostawa-i- platnosc, the list of available delivery options and their pricing.
5. Contact data:
RAK HAFFER, ul. Biała 19, 87-100 Toruń, e-mail: firstname.lastname@example.org, telephone no.: +48 608 536 167
6. Personal data – any information referring to an identified or possible to be identified physical person. The information is not considered as possible to identify the person, if it requires excessive costs, time or actions to be undertaken.
7. Sensitive data – is personal data revealing such information as: racial or ethnical origin, political opinions, religious or philosophical beliefs, trade-union membership, as well as data on health, genetic code, addictions, sexual life, judgements, penalties and court and administrative judgements.
8. Delivery – the kind of a transport service, altogether with the indication of a carrier and the cost listed in the delivery pricelist given at the address: http://rakhaffer.com/page/dostawa-i-platnosc
9. Purchase proof – an invoice, bill or receipt issued according to the Act on tax on goods and services of the date 11 March 2004, as amended, and applicable legal regulations.
10. Product card – a single sub-page of the shop which includes the information on a single product.
11. Client – a natural person aged 18 or above, with legal capacity, a legal entity or organizational entity without legal personality, but with legal capacity, which makes purchase from the Seller, which is directly related to its business or professional activity.
12. Civil code – the act of Civil Code of the date 23 April 1964, as amended.
13. Code of Good Practice – the collection of rules of conduct, in particular – ethical and professional standards, which are mentioned in article 2 item 5 of the Act on unfair trading practices of the date 23 August 2007, as amended.
14. Consumer – a natural person aged 18 or above of legal capacity that makes purchase from the Seller which is not directly related to his business or professional activity.
15. Basket – the list of products made of the products offered in the shop based on a Buyer’s choice.
16. Buyer – both a Consumer and Client.
17. Place of reception – postal address or other place of reception indicated in a Buyer’s order.
18. Moment of handing over the item – moment in which a Buyer of other designated person receives the object.
19. ODR Internet Platform – EU internet platform which works on the basis of the Order of European Parliament and EU Council no. 524/2013 of the date 21 May 2013 on the internet system for settling consumers’ disputes, and the amendments (EC) no. 2006/2004 and directives 2009/22/WE which are available at the internet address https://webgate.ec.europa.eu/odr
20. Payment – the method of transferring the money for the contract subject and delivery described at the internet address http://rakhaffer.com/page/dostawa-i-platnosc
21. Authorized entity – an authorized entity intended for the out-of-court settlement of consumers’ disputes as meant by the act on out-of-court settlement of consumer disputes of the date 23 September 2016, as amended.
23. Consumer’s law – the act on consumer’s rights of the date 30 May 2014.
24. Product – minimal and indivisible number of items, which may be the subject of the order, and which is offered in the Seller’s shop as the unit used for establishing the price (price/unit).
25. Contract subject – products and delivery which constitute a contract subject.
26. Subject of the service – contract subject.
27. Place of handing over the item – a place of handing over the items which is not a postal address, mentioned in the list presented by the Seller in the shop.
28. Register run by the Office of Competition and Consumer Protection – a register of authorized entities run by the Office of Competition and Consumer Protection on the basis of the act on out-of- court settlement of disputes of the date 23 September 2016, as amended, and available at the internet address: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php
29. RODO – the Order of European Parliament and Council (UE) 2016/679 of the date of 27 April 2016 on the protection of personal data of physical persons in reference to processing personal data and free movement of personal data and the repeal of the directive 95/46/WE.
30. Item – moveable item which may or is the contract subject.
31. Shop – internet website available at the internet address www.rakhaffer.com, which is used by a
Buyer to make an order.
Cereus Wena Adam i Grażyna Witkowscy S.J., ul. Biała 19, 87-100 Toruń, NIP: 879-017-46-31, REGON: 005741669, BANK ACCOUNT: 35 1160 2202 0000 0002 3447 0902
33. System – the assembly of cooperating IT devices and software for the provision of processing, storing, sending and receiving data through the telecommunication network with the use of proper kind of end-device network, commonly called as the Internet.
34. Date of delivery – the number of hours or working days given on the product card.
35. Contract – a contract concluded out of a Buyer’s place or as a distance contract, as meant by the Act on consumer’s rights of the date 30 May 2014, in case of Consumers, and a sales contract, as meant by the article 535 of the Act of Civil Code of the date 23 April 1964, in case of Buyers.
36. Defect – both physical defect and legal defect.
37. Physical defect – incompliance of a sold item with the contract, in particular if the item:
a. lacks the properties which should be present in such an item in terms of its purpose designated in the contract or resulting from the circumstances of its intended use;
b. lacks features, which were assured by the Seller to a Consumer,
c. is not suitable for the purpose which was highlighted by the Consumer to the Seller at the conclusion of the contract, and the Seller has not notified any reservations for such a use;
d. was handed over to a Consumer as an incomplete item;
e. in case of its improper assembly or start-up, if these activities were performed by the Seller or a third party, for which the Seller is responsible for, or by a Consumer who followed the instructions received from the Seller;
f. lacks properties which were assured by its manufacturer or representative or other person who introduced the item into the market within his business activity, and the person, who by the act of placing his name, trademark or other marking on the item, presents himself as the manufacturer, unless the Seller knew such assurances or, judging reasonably, was not able to know, or the assurances could not have influenced a Consumer’s decision on the conclusion of the contract, or when the content of assurances was explained before the conclusion of the contract.
38. Legal defect – the situation when the sold item belongs to a third party or is burdened by the third party’s title to ownership, and when the limitation for its use or handling results from the decision or statement of the appropriate authority.
39. Order – a statement of a Buyer’s will placed through the shop which clearly determines: the kind and number of products; kind of delivery; kind of payment; place of handing over the item; Buyer’s data, which all are directly intended for the act of concluding the contract between a Buyer and the Seller.
§2 General conditions
- The Contract is concluded in Polish, according to the Polish law and the regulations herein.
- Place of handing over the item must be located at the territory of the Republic of Poland or the country available for the kind of a delivery service, altogether with the determination of a carrier and pricing of deliveries which is listed at http://rakhaffer.com/page/dostawa-i-platnosc
- Seller is obliged and undertakes to provide services and deliver items which are free of defects.
- All prices presented by the Seller are expressed in Polish currency and they are gross prices (they include VAT). The prices of products do not include the cost of delivery which is listed in the pricing list. Local charges (customs duty, sales tax) can occur, depending on Buyer’s region and local customs duties. These charges are at Buyer’s own expense.
- All terms are counted according to the article 111 of Civil Code, i.e. the date expressed in days ends at the last day, and if the beginning of the term is a certain event then this day is not taken into account for the calculation of the final date.
- The confirmation, making available, copying, securing of all crucial contractual provisions, in order to access these information in the future, are performed as:
- confirmation of an order through sending an email including: an order, pro-forma invoice, information on the right to withdraw from the contract, these regulations in PDF version, a form for withdrawal from the contract on PDF version, links to download the regulations and a form for withdrawal from the contract;
- attachments to the order, sent to the indicated place of handing over the items: a purchase proof, information on the right to withdraw from the contract, these regulations, a form for withdrawal from the contract.
- The Seller informs about any known guarantees which are granted by third parties for the productsoffered in his shop.
- The Seller does not expect any payments for remote communication with a Buyer who will cover any costs resulting from the contract which was concluded with a third party providing such communication services for him.
- The Seller ensures the proper operation of the shop for a Buyer who uses the system in the following search engines: IE at least version 7, FireFox at least version 3, Opera at least version 9, Chrome at least version 10, Safari with the latest versions of JAVA and FLASH, on screens of horizontal resolution above 1024 px. The use of search engines of third companies which may influence proper operation of Internet Explorer, FireFox, Opera, Chrome, Safari may have an impact on proper display of the shop, therefore in order to receive full functionality of the shop www.rakhaffer.com, it is advisable to switch them all off.
- The payments are serviced by the company Blue Media S.A seated in Sopot at ul. Haffnera 6, postal code: 81-717, KRS: 0000320590, the operator of payment service provider BlueMedia.
- In case of payment with credit cards, it is possible to use: Visa, Visa Electron, MasterCard,MasterCard Electronic and Maestro.
- A Buyer may use the option of saving his data by the shop in order to support the process of future orders. This operation requires a login and password to be given, which is necessary to have the access to their own account. The login and password are the row of marks decided on by a Buyer, who is obliged to keep them secret and protect them against unauthorized use of third parties. A Buyer may, at any time, have an insight into his data, correct them, update or remove from the shop.
- The Seller follows the Code of good practices.
- A Buyer undertakes to:
- not deliver or pass any content which is forbidden by legal regulations, e.g. content which recommends violence, violates the good name of personal rights and other third parties’ rights,
- not to use the shop in a manner which distorts its operation, in particular through the use of a certain software or devices,
- refrain from activities such as: spreading or placing unwanted marketing information (spam),
- not to use the shop in a manner that would its use by other Buyers and the Seller,
- use any information placed by the shop only for the personal use of a Buyer,
- use the shop in a manner which is compatible with legal regulations of the Republic of Poland, these regulations and general rules of netiquette.
§3 Conclusion of the contract and its execution
- Orders may be placed 24 hours round.
- In order to place an order, a Buyer should perform at least the following activities, some of which may be repeated more than once:
- add a product to a basket;
- choose delivery;
- choose payment;
- choose the place of handing over the items;
- make an order in the shop through the use of a button: “Pay now”.
- The conclusion of the contract with a Consumer is effective at the moment of placing the order.
- The execution of Consumer’s order paid at its reception is executed immediately, and the orders paid via bank transfers or electronic payment service - upon their entry in the Seller’s bank account, or in case of payments with a credit card - till the moment of receiving a positive authorization, which should take place within 30 days from placing an order, unless the Consumer is not able to perform the payment which fault is not attributable to him and he informed the Seller on the fact.
- The conclusion of the contract with a Client is effective at the moment of accepting the order by the Seller, which information is given to the Client within 48 hours from making the order.
- The execution of the Client’s order which is paid at the reception is performed immediately upon concluding the contract, and the order paid via bank transfer or electronic payment system - upon concluding the contract and the entry into Seller’s bank account.
- The execution of Client’s order may depend on the payment of the whole or part of the value of the order, or the reception of a Buyer’s credit limit of the value of at least the value of the order,or the reception of Seller’s consent for sending the order payable on pick-up.
- The items are sent within the dates determined in the product card, and for orders including manyproducts within the longest period determined in the product cards. The period starts at the moment of order execution.
- The purchased contract subject, altogether with the sales proof, is sent through a delivery service selected by a Buyer to the indicated place of handing over the items, altogether with the attachments, mentioned in §2 item 6b.
§4 The right to withdraw from the contract
- On the basis of article 27 the Consumer is entitled to withdraw from a distant contract, without justification and incurring any costs, except for the costs determined in article 33, article 34 of Consumer law.
- The period for the withdrawal from the distance contract is 14 days from the moment of handing- over the items, and it is sufficient to keep to the period by sending the declaration of such will before its expiry.
- The declaration on withdrawal from the contract must be submitted by the Consumer on the form, which is the attachment no. 2 to Consumer law, on the form available at the address https:// cdn.shoplo.com/8677/files/return-form_en.pdf?59 or other form which is compliable withConsumer law.
- The Seller shall immediately confirm via email to Consumer (given at conclusion of the contract and other if given in the declaration) the reception of the declaration on the withdrawal from the contract.
- In case of withdrawal from the contract, the contract is meant as unconcluded.
- The consumer is obliged to immediately return the item to the Seller, but not later than within 14 days counting from the day of withdrawal. It is sufficient to return the item before the final date expires.
- The Consumer returns items which are contract subject at his own expense.
- The Consumer does not incur any costs of delivering digital content which is saved on a material carrier if he has not given a consent for the payment before the expiry of the date of withdrawal, or he has not been informed on the loss of such right to withdraw from the contract at the moment of granting such a consent the entrepreneur has not submitted the confirmation according to article 15 section 1 and article 21 section 1 of Consumer law.
- The Consumer bears responsibility for the decrease of value of items which are a contract subject and which are the result of their use in a manner that exceeds their normal use in order to determine their nature, features and functionality.
- The Seller, immediately, but not later than within 14 days from the date of receiving the declaration on the withdrawal from the contract by the Consumer, shall return any respective payments to the Consumer, including the cost of delivery incurred by the Consumer, and if the Consumer has chosen a delivery manner other than the cheapest standard way offered by the Seller, the Seller shall not return additional costs according to article 33 of Consumer law.
- The Seller returns the payment with the use of the same manner of payment as was exercised by the Consumer, unless the Consumer expressly agreed on the other way of payment which is not related to any costs for him. In there is the necessity to return money for the transaction performed by the Client with a debit card, the Seller shall return the payment into the bank account related to this Consumer’s or Client’s card
- The Seller may wait to return the payment received from the Consumer till the moment of receiving the item back or delivering the evidence of its sending back by the Consumer, depending on the earliest of the events.
- The Consumer, according to the article 38 of Consumer law, is not entitled to withdraw from the
- in which the price or remuneration depends on the fluctuation on a financial market, which are not controlled by the Seller and which may change before the expiry of the contract;
- in which the subject of the contract is the item not prefabricated, made according to Consumer’s specification or those intended for meeting his individualized needs;
- in which the contract subject is the item which may get rotten quickly or of a short period of suitability for use;
- in which the contract subject is an item delivered in a sealed packaging, which cannot be returned after its opening because of health protection or hygienic issues, if the packaging was opened after its delivery;
- in which the contract subject is the item which upon its delivery remains related to other items because of its nature;
- in which the contract subject includes sound recordings or visual recordings or computer programs delivered in a sealed packaging, if the packaging was opened after its delivery;
- if the contract subject is a digital content, which is not recorded on a material carrier, if the purchase was initiated on the express consent of the Consumer before the period of possible withdrawal expires and upon informing him on the loss of such a right;
- if a contract subject is a delivery of journals, periodicals or magazines, except for subscriptions.
- The Seller, on the basis of article 558 §1 of Civil Code, totally excludes the responsibility towardClients for physical defects or legal defects (warranty).
- The Seller bears responsibility toward a Consumer in accordance with the principles set out in the article 556 of Civil Code and the subsequent for defects (warranty).
- In case of the contract with a Consumer if the physical defect has been found before the year finishes, counting from the moment of handing over the item, it is assumed that the defect has existed at the moment of passing the risk to the Consumer.
- The Consumer, in case of a defective item, may:
- submit a declaration of the demand for lower price;
- submit a declaration on withdrawal from the contract;
- request the Seller to replace the defective item for the good one or remove the defect immediately and without inconveniences for the Consumer. But if the item has already been replaced or repaired by the Seller, or the Seller has not fulfilled the responsibility to replace a defective item or repair the defect, he is not entitled to have the item replaced or repaired.
- The Consumer, may instead of the offered possibility to remove the defect, demand the replacement into a good item, or instead of the replacement to demand the removal of the defect, unless this manner of improving the item in a way suggested by the Consumer is impossible or too expensive in comparison to the manner offered by the Seller, but the assessment of costs must consider the value of the item free of defects, the kind and significance of the defect, inconveniences for the Consumer because of the other way attempting to satisfy him.
- The Consumer may withdraw from the contract if the defect is unimportant.
- The Consumer in case of defective item may also:
- demand the replacement of the item for the good one;
- demand the removal of a defect.
- The Seller is obliged to replace a defective item for a good one or to remove the defect in a justified period of time without excessive inconvenience for a Consumer.
- The Seller may refuse to process Consumer’s demand of recovery, if such a recovery of a defective item may turn out impossible or would require the excessive amount of costs to be borne in order to recover the item.
- If a defective item has already been installed, the Consumer may demand from the Seller to disassemble and reassemble the item after its replacement or removal of defects, but he is obliged to cover some of the related expenses which exceed the value of the item; he may demand from the Seller to pay some of disassembly and reassembly costs up to the value of the sold item. In case of failure to perform this responsibility by the Seller, the Consumer is entitled to perform such actions at the expense and risk of the Seller.
- The Consumer, who performs the entitlements resulting from the warranty, is obliged, at the Seller’s expense, to submit a defective item at the address for complaints, and if the kind of an item or the manner of its installation make delivery impossible for the Consumer, he is obliged to make this item available at his place. In case the Seller fails to fulfill this obligation, the Consumeris entitled to send the item back at the expense and risk of the Seller.
- Costs of the replacement or repair are to be incurred by the Seller, except for the situation described in §5 item 10.
- The Seller is obliged to accept a defective item received from the Consumer in case of the replacement of the item for the new one and withdrawal from the contract.
- The Seller, within 14 days, shall decide on the demand based on the article 5615 of Civil Code in the form of: the statement on the demand for lowering the price, demand for replacement of the item for a good one, demand for the removal of a defect. The Seller, within thirty days (art. 7a of Consumer law) decides on any other Consumer’s statement, which is not limited by the term of fourteen days given in the Civil Code.
- Otherwise, it is assumed that the Seller has acknowledged the Consumer’s statement or a demand as justified.
- The Seller, bears the responsibility under the warranty if a physical defect is discovered prior to the end of two-year period from the moment of handing the item over to the Consumer, and if the sales subject is a second-hand item – prior to a one-year period from the moment of handing the item over to the Consumer.
- Consumer’s demand for the removal of the defect or replacement of the item for the good one expires after a one-year period, counting from the date of discovering the defect, but not earlier than prior to two years from the moment of handing-over the item to the Consumer, and in case of a second-hand item – prior to one year counting from the moment of handing over the item to theConsumer.
- In case the period of suitability for use determined by the Seller or the producer expires after the period of two years from the moment of handing over the item to the Consumer, the Seller is responsible under warranty for physical defects of such an item which were found before the period expired.
- Within dates determined in §5 item 15-17 the Consumer may submit a declaration on the withdrawal from the contract or lowering the price because of the physical defect of a sold item, and if the Consumer has demanded the replacement for the good item or removal of the defect, the course of the period for submitting the declaration on withdrawal from the contract or lowering the price starts at the moment of ineffective expiry of the deadline for the replacement of the item or removal of the defect.
- In case of seeking legal redress before the court or arbitral tribunal of one of the entitlements resulting from warranty, the date for the performance of other entitlements of a Consumer is withheld till the time of lawful completion of the proceedings. It is also applicable for mediation proceedings, but the date of the performance of other entitlements of the Consumer, resulting from the warranty, starts its course from the date of court’s refusal to accept the conciliation concluded before the mediator or ineffective completion of mediations.
- The entitlements resulting from warranty for legal defects follow under the regulations of §5 item 15-16, but the course of the period starts on the day in which the Consumer discovered the defect, and if the Consumer discovered the existence of the defect thanks to the third party legal action – from the day when the court verdict given for the dispute with this third party became effective.
- If because of the defect, the Consumer submitted a declaration on the withdrawal from thecontract or lowering the price, he may demand to recover the loss suffered because of thiscontract and lack of knowledge about the defect, even if this loss was the result of circumstances, for which the Seller does not bear responsibility, and in particular, a Customer may demand the refund of costs of contract conclusion, costs related to the reception of items, transport, storage and insurance, return of expenses in such a range in which he has not received any benefits and has not received their return from a third party or the return of court expenses. It is without prejudice to the regulations on the obligation to repair the loss following the general principles.
- The expiry of any period for discovering the defect does not exclude the performance of entitlements resulting from warranty if the Seller has deceivably hidden the defect.
- The Seller, unless obliged to provide some benefit or financial benefit for the Consumer, shall perform it without undue delay, but not later than within dates under the national law.
- Personal Data Controller is responsible for lawful processing of personal data, and the rules of collecting, processing and storing of personal data, and also Buyer’s rights related to their personal data.
- Personal Data Controller processes personal data belonging to the Buyer on the basis of the consent and in relation to legally justified Seller’s business activities.
- Personal Data Controller collects and processes personal data within the scope justified by a contract or legal obligation.
- The consent given by the Buyer for data processing is not obligatory, and it may be withdrawn at any time.
- In order to execute Buyer’s order, following data is collected:
- postal address – necessary for issuing a purchase document;
- place of handing over the product – necessary for proper addressing of the parcel;
- e-mail address– necessary for communication related to the order execution;
- telephone number – necessary for the choice of certain kinds of delivery.
§7 Final provisions
- Neither of the provisions of these regulations have the intention to violate Buyer’s rights. They cannot be interpreted as such, because in case of discrepancies of any part of the regulations against the binding law provisions, the Seller declares unconditional surrender and use of this law in place of the questioned provision of these regulations.
- The changes to these regulations and their range will be communicated to the registered Buyers via email (indicated at registration or email orders). This information will be sent at least 30 days before the new regulations become effective. The changes will be made in order to adjust the regulations to the binding legal requirements.
- The updated version of the regulations is always available for a Buyer in the tab Regulations (http://rakhaffer.com/page/regulamin). During the execution of the order and throughout the whole period of after-sales care, a Buyer is bound by these regulations accepted by him at making the order. Except for the situations when the Consumer acknowledges it as the less beneficial than the new one and informs the Seller on the choice of the updated one as the binding one.
- For issues not settled herein, appropriate legal provisions are applicable. Any disputes, if the Consumer agrees, are settled through mediation before Vivodeship Inspectorate of Trade Inspection or the court trial before arbitral tribunal run at Vivodeship Inspectorate of Trade Inspection. The Consumer may also use equal and lawful methods of pre-court or out-of-court solutions e.g. through the European ODR internet platform or by choosing an authorized entity among those listed in the register of the Office for Competition and Consumer Protection. The Seller declares the intent and consent to out-of-court settlement of a consumer dispute. As the last resort the dispute is to be settled by appropriate, competent for the place and matter court.
Version 14.2 (Toruń, 25 May 2018)