Regulamin sklepu

TERMS AND CONDITIONS OF THE ONLINE STORE

Company Information:
D&M Daniel Marek
ul. Słoneczna 24
42-202 Częstochowa, Poland
NIP (Tax ID): 9491920127
REGON (Business ID): 240054257

Company headquarters, store, and warehouse:
D&M Daniel Marek
ul. Słoneczna 24
42-202 Częstochowa, Poland

I. Definitions

The terms used in these Terms and Conditions shall have the following meanings:

Client – a natural person, legal person, or an organizational unit without legal personality, which is granted legal capacity by specific provisions, placing an Order within the Store.
Consumer – pursuant to Article 22[1] of the Civil Code, a natural person performing a legal act with an entrepreneur not directly related to their business or professional activity.
Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
Terms and Conditions – these Terms and Conditions for the provision of electronic services within the online store climapro.pl.
Online Store (Store) – the website available at www.climapro.pl through which the Client may, in particular, place Orders.
Product – any item presented in the Online Store.
Sales Agreement – a contract of sale of Products as defined by the Civil Code, concluded between D&M Daniel Marek and the Client via the Online Store.
Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827).
Act on the Provision of Electronic Services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
Order – a declaration of the Client’s will aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of the Product.

II. General Provisions

2.1. These Terms and Conditions define the rules for using the Online Store available at: www.climapro.pl.
2.2. These Terms and Conditions are referred to in Article 8 of the Act on the Provision of Electronic Services.
2.3. The Online Store at www.climapro.pl is operated by D&M Daniel Marek.
2.4. These Terms and Conditions specify in particular:
a) the rules for registration and use of an account in the Online Store;
b) the terms and conditions for electronic reservations of products available in the Online Store;
c) the terms and conditions for placing Orders electronically within the Online Store;
d) the rules for concluding Sales Agreements using the services provided by the Online Store.
2.5. The use of the Online Store is possible provided that the Client’s IT system meets the following minimum technical requirements:
a) Internet Explorer version 10 or newer with JavaScript enabled, or
b) Chrome version 49 or newer with JavaScript enabled, or
c) Firefox version 43 or newer with JavaScript enabled, or
d) Microsoft Edge version 13 or newer with JavaScript enabled, or
e) Opera version 36 or newer with JavaScript enabled, or
f) Safari version 4 or newer with JavaScript enabled.
2.6. To use the Online Store, the Client must independently gain access to a computer or end device with Internet access.
2.7. In accordance with applicable legal provisions, D&M Daniel Marek reserves the right to limit the provision of services via the Online Store to persons over 18 years of age. In such cases, potential Clients will be informed accordingly.
2.8. Clients may access these Terms and Conditions at any time via a link on the homepage of www.climapro.pl and may download and print them.

III. Rules for Using the Online Store

3.1. Using the Online Store requires registration.
3.2. Registration is carried out by completing and accepting the registration form available on one of the Store’s pages.
3.3. Registration requires acceptance of these Terms and Conditions and the provision of personal data marked as mandatory.
3.4. D&M Daniel Marek may deprive a Client of the right to use the Online Store or limit their access to part or all of the Store’s resources with immediate effect if the Client violates the Terms and Conditions, especially if the Client:
a) provided false, inaccurate, outdated, misleading, or third-party data during registration;
b) violated the personal rights of third parties via the Online Store, particularly other clients’ personal rights;
c) engaged in conduct deemed by D&M Daniel Marek as violating applicable laws or the general principles of Internet use or harming the good name of D&M Daniel Marek.
3.5. A person deprived of the right to use the Online Store may not re-register without the prior consent of D&M Daniel Marek.
3.6. To ensure secure communication and data transmission related to services provided on the Site, the Online Store employs technical and organizational measures appropriate to the level of security risk, especially to prevent unauthorized acquisition and modification of personal data transmitted online.
3.7. The Client is particularly obliged to:
a) not provide or transmit content prohibited by law, e.g., content promoting violence, defamatory content, or content violating personal rights and other rights of third parties;
b) use the Online Store in a manner that does not interfere with its operation, particularly by using specific software or devices;
c) refrain from actions such as sending or placing unsolicited commercial information (spam) within the Online Store;
d) use the Online Store in a manner that is not burdensome to other clients and D&M Daniel Marek;
e) use all content available through the Online Store solely for personal use;
f) use the Online Store in compliance with the laws in force in the Republic of Poland, the provisions of these Terms and Conditions, and the general principles of using the Internet.

IV. Procedure for Concluding a Sales Agreement

4.1. Information about Products provided on the Store's website, in particular descriptions, technical and functional parameters, and prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
4.2. To conclude a Sales Agreement via the Online Store, the Client must visit www.climapro.pl, select the products, and follow the subsequent technical steps based on the messages and instructions displayed on the website.
4.3. Selection of Products by the Client is made by adding them to the shopping cart.
4.4. During the Order process – until the "Order with obligation to pay" button (or another equivalent clearly indicating an obligation to pay) is clicked – the Client has the opportunity to modify the entered data and selected Products. This should be done by following the messages and instructions displayed on the website.
IMPORTANT: As of January 1, 2020, it is not possible to issue a VAT invoice to a company unless the VAT number and company details are provided in the order form. It is also not possible to change the VAT invoice from an individual to a company.
Legal basis: Act of July 4, 2019 amending the Act on Value Added Tax and certain other acts.
4.5. After the Client using the Online Store provides all necessary information, a summary of the Order will be displayed. The summary will include details concerning:
a) the subject of the order,
b) unit and total price of the ordered products or services, including delivery costs and any additional charges (if applicable),
c) the selected payment method,
d) the chosen delivery method,
e) the estimated delivery time.
4.6. To submit the Order, the Client must accept the content of the Terms and Conditions, provide personal data marked as mandatory, and click the “Order with obligation to pay” button.
4.7. Submission of the Order by the Client constitutes a declaration of intent to conclude a Sales Agreement with D&M Daniel Marek, in accordance with the Terms and Conditions.
4.8. After placing the Order, the Client will receive an email titled "Order Confirmation", containing final confirmation of all essential elements of the Order.
4.9. The Agreement is considered concluded upon the Client’s receipt of the aforementioned confirmation email.
4.10. The Sales Agreement is concluded in the Polish language, in accordance with the Terms and Conditions.
4.11. Clients may access these Terms and Conditions at any time via a link on the homepage of www.climapro.pl, and may download and print them.
4.12. The storage, security, and provision of the Order data and the General Terms and Conditions (online store regulations) take place via email.

V. Delivery

5.1. Delivery of Products is limited to the territory of the Republic of Poland and selected European countries and is made to the address provided by the Client during the Order placement.
5.2. Delivery of the ordered Products within Poland is carried out by Geis, DPD, or InPost courier services. Delivery costs are specified in each offer and are available for review prior to adding a Product to the cart. Delivery costs will also be displayed during the ordering process. Delivery costs outside Poland are determined individually.
5.3. The delivery time is up to 14 business days from the date the Order is placed by the Client.

VI. Prices and Payment Methods

6.1. Product prices are given in Polish złoty (PLN) and include all components, including VAT (with the applicable rate), customs duties, and any other applicable fees.
6.2. The Client may pay for the Order:
a) by bank transfer to the account number 24 1140 2004 0000 3502 3819 5020 (MBank),
b) by cash on delivery.

VII. Right of Withdrawal from the Agreement

Only Clients who are also Consumers have the right to withdraw from the agreement within 14 days. The Consumer has the right to withdraw from this agreement within 14 days without providing any reason. The withdrawal period expires after 14 days from the day the Client acquired the goods, or a third party other than the carrier and indicated by the Client acquired the goods.
To exercise the right of withdrawal, the Client must inform D&M Daniel Marek of their decision to withdraw from this agreement by means of an unequivocal statement (e.g., a letter sent by post, fax, or email).
The Client may also complete and submit the withdrawal form or any other clear statement electronically via the website www.climapro.pl. If the Client uses this option, they will immediately receive a confirmation of receipt of the withdrawal notice on a durable medium (e.g., via email).
To meet the withdrawal deadline, it is sufficient for the Client to send the information regarding the exercise of the right of withdrawal before the deadline expires.
D&M Daniel Marek does not accept parcels sent with cash on delivery (COD).
Effects of withdrawal from the agreement:
In the event of withdrawal from this agreement, we will reimburse all payments received from you, including the costs of delivery (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us), without undue delay and in any event no later than 14 days from the day on which we were informed of your decision to withdraw from this agreement. We will carry out the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of such reimbursement.
We may withhold the reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever occurs first. Please return or hand over the goods to us without delay and in any event not later than 14 days from the day on which you notified us of the withdrawal from this agreement. The deadline is met if you send back the goods before the 14-day period has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

VIII. Complaints Regarding Products

8.1. As the seller, D&M Daniel Marek is liable to the Client who is a Consumer within the meaning of Article 22[1] of the Civil Code under the statutory warranty for defects, in the scope defined by the Civil Code, in particular Articles 556 and 556[1]–556[3] and subsequent.
8.2. Complaints arising from the violation of statutory rights or these Terms and Conditions should be directed to: biuro@evoyager.pl. D&M Daniel Marek undertakes to review each complaint within 14 days. Failure to respond within this period shall be deemed acceptance of the complaint.
8.3. D&M Daniel Marek is not the manufacturer of the goods. The manufacturer is responsible under the warranty for the sold Product according to the terms and period specified in the warranty card. If the warranty document provides such an option, the Client may lodge claims under the warranty directly with an authorized service center, the address of which is specified in the warranty card.

IX. Complaints Regarding Electronic Services

9.1. D&M Daniel Marek undertakes efforts to ensure the proper functioning of the Online Store, to the extent resulting from current technical knowledge, and commits to remedy any reported irregularities within a reasonable time.
9.2. The Client is obliged to immediately notify D&M Daniel Marek of any irregularities or interruptions in the functioning of the Online Store.
9.3. Irregularities related to the functioning of the Store can be reported in writing to:
D&M Daniel Marek, ul. Słoneczna 24, 42-202 Częstochowa,
via email to: biuro@evoyager.pl,
or via the contact form available on the website.
9.4. In the complaint, the Client should provide their name, correspondence address, type and date of occurrence of the irregularity.
9.5. D&M Daniel Marek undertakes to consider each complaint within 14 days. Failure to respond within this period shall be deemed acceptance of the complaint.

X. Dispute Resolution and Final Provisions

10.1. A Client who is a Consumer may, if interested, use out-of-court complaint and redress procedures. Disputes concerning online purchases may be resolved through mediation at the Provincial Inspectorates of the Trade Inspection or proceedings before an arbitration court at the relevant Trade Inspection authority. The Consumer may also use alternative online dispute resolution methods and submit a complaint via the EU ODR platform, available at: http://ec.europa.eu/consumers/odr/.
10.2. If the Consumer does not express interest in using out-of-court dispute resolution methods, any disputes arising between D&M Daniel Marek and the Consumer shall be resolved by the competent courts in accordance with the relevant provisions of the Polish Code of Civil Procedure.
10.3. Any disputes arising between D&M Daniel Marek and a Client who is not a Consumer shall be subject to the court having jurisdiction over the registered office of D&M Daniel Marek.
10.4. In matters not regulated by these Terms and Conditions, the provisions of the Civil Code, the Act on the Provision of Electronic Services, and other applicable Polish legal provisions shall apply.