Regulations
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IMPORTANT TIP BEFORE USING THE TRUSTED SHOPS MODEL REGULATIONS!
Before applying the following sample model of regulations, prepared based on the provisions of Polish law for stores selling on the Polish market, you should consider whether there is a need to adapt it to the individual needs of your online store and the selected business model. A standard model of regulations may not be sufficient for stores that, due to the type of business, need individualized and more elaborate solutions.
Please fill in the fields marked in yellow reliably and analyze the related explanations in our partner Trusted Shops Handbook, available to newsletter subscribers after registering at trusted Shops website.
Please note that the use of sample templates is not a substitute for legal advice and the need to keep abreast of regulatory developments. The sample provisions provided are created with the utmost care possible. Nevertheless, any information is only of a general nature and does not constitute legal advice. Trusted Shops is not responsible for their completeness. In a situation where there is a need for legal advice that takes into account the individual needs of an online store, please contact a lawyer.
Please also note that the use of the following Terms and Conditions does not entitle you to use graphical or verbal designations of Trusted Shops, such as "Trusted Shops Guarantee", "Trusted Shops Trustmark with Buyer Protection" or any other designations that may give the impression that the store is a certified member of Trusted Shops.
Information about the possibility of using the Trusted Shops Seal of Quality and Trusted Shops Guarantee can be obtained by calling +48 22 462 6400 or writing to sales@trustedshops.en.
TERMS AND CONDITIONS OF THE ONLINE STORE [name]
Before using the following sample template, prepared based on the provisions of Polish law for stores selling on the Polish market, consider whether it is necessary to adapt it to the individual needs of the online store. Please also fill in the sections marked in yellow accordingly. Tips on how to fill them out correctly are included in the Trusted Shops Handbook. This template was last updated in June 2018.
- Definitions
The terms used in the Regulations shall mean:
- Customer - a natural person, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who makes an Order from the Store;
- Consumer - A customer who is a natural person and meets the definition in Art. 22[1] of the Civil Code. According to this definition, a Consumer is defined as a natural person making a legal transaction with an entrepreneur that is not directly related to his/her economic or professional activity.
- Civil Code - Law of April 23, 1964. (OJ.U. No. 16, pos. 93 as amended.);
- Regulations - these Terms and Conditions of providing services by electronic means within the framework of an online store [store name];
- Online Shop (Store) - internet service available at [address], through which the Customer can, in particular, place Orders;
- Merchandise - products presented in the Online Store;
- Sales contract - agreement for the sale of Goods within the meaning of the Civil Code, concluded between [entity operating online store] and the Customer, concluded using the Store's website;
- Consumer Rights Act - Law of May 30, 2014. on consumer rights (Dz.U. of 2014. pos. 827);
- Law on provision of electronic services - Law of 18 July 2002. on the provision of services by electronic means (Dz. U. No. 144, item. 1204 as amended.);
- Order - Customer's declaration of intent, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.
- General provisions
- These Regulations set out the rules for the use of the online store available at: [website address] and is the regulations referred to in Art. 8 of the Law on Provision of Electronic Services.
- Online store, operating at: [website address], is conducted by [identify the entrepreneur]..
- In particular, these Regulations specify [depending on the options available in the store]:
- rules for registering and using an account within the online store;
- terms and conditions for making electronic reservations for products available through the online store;
- terms and conditions for placing electronic Orders within the online store;
- principles of concluding Sales Agreements using the services provided by the online store.
- The use of the online store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
- [web browser] version [...] or later with support enabled [indicating necessary applications, such as Java applets],
- minimum screen resolution [...] x [...] pixels.
- In accordance with applicable laws [operating the Store] reserves the right to limit the provision of services through the Online Store to persons who are at least 18 years of age. In this case, potential customers will be notified of the above.
- Customers may access these Terms and Conditions at any time through the link provided on the home page of the website [web address] and save its contents and make a printout.
- Rules of use of the Online Store
- In order to ensure the security of the transmission of messages and data in connection with the services provided as part of the Website, the Online Store takes technical and organizational measures appropriate to the degree of security threat to the services provided, in particular, measures to prevent unauthorized persons from obtaining and modifying personal data transmitted on the Internet.
- The customer is obliged to:
- not to provide or transmit content that is prohibited by law, such as content that promotes violence, is defamatory or violates the personal rights and other rights of third parties,
- use of the online store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,
- use of the online store in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general rules of Internet use.
- The procedure for concluding a sales contract
- Information about the Goods provided on the Store's website, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract, as defined in Art. 71 of the Civil Code.
- In order to conclude a Sales Agreement via the Online Store, please visit the website [address], make a selection [depending on the profile of the store in question, the specific type of goods and - possibly - also their specifications can be listed here - such as the selection of goods and their colors or the selection of garden furniture and accessories from the Store's offer, etc.], taking subsequent technical actions based on the messages displayed to the customer and the information available on the website.
- The selection of the Goods ordered by the Customer is made by adding them to the shopping cart.
- When placing an Order - until you click on the button [Please indicate the button used on the order summary page, e.g. "I order with obligation to pay" or any other equivalent button indicating the obligation to pay, e.g. "I order and pay"] - The customer has the ability to modify the entered data and the selected Goods. To do so, follow the messages displayed to the customer and the information available on the website.
- After the customer using the online store has entered all the necessary data, a summary of the placed order will be displayed. The order summary will include information on:
- the subject matter of the order,
- the unit and total price of the ordered products or services, including delivery costs and additional costs (if any),
- the selected payment method,
- the selected method of delivery,
- delivery time,
- [...]
- In order to send an Order, it is necessary to provide personal data marked as mandatory and press the button "........................" [Please indicate the button you use to confirm your willingness to place a paid order, e.g. "I order with obligation to pay" or any other equivalent to inform you of your obligation to pay, e.g. "I order and pay"].
- The Customer's sending of the Order constitutes a declaration of intent to conclude with [the operator of the Store] [the operator of the Store] Sales contract, in accordance with the content of the Regulations.
- After placing an Order, the Customer receives an e-mail message entitled [...], containing final confirmation of all material elements of the Order.
- The contract shall be considered concluded upon receipt by the Customer of the e-mail mentioned above.
- The contract is concluded in the Polish language. Recording, securing and making available the data of the Order and the general terms and conditions (Terms and Conditions of the online store) is done via e-mail.
- Delivery
- Delivery of the Goods shall be [limited to the area of the Republic of Poland] and takes place at the address indicated by the Customer when placing the Order.
- Delivery of the ordered Goods shall be made by courier service [indicate all methods of delivery of the ordered Goods available in the Store]. Delivery costs are [indicate exact delivery costs or link to page with detailed information]. Delivery costs will also be indicated at the time of placing the Order.
- The delivery date is from [...] to [...] working days counting from the day of sending the Order by the Customer.
- Prices and payment methods
- The prices of the Goods are given in Polish zloty and include all components, including VAT.
- The customer has the option of paying the price:
- by bank transfer to the bank account number [.........],
- payment via [indicate the electronic payment systems used in the store],
- by payment card [stating the operators whose cards are accepted and information about when the payment is collected, such as "the credit card is charged when the goods are shipped"],
- [other form of payment].
- Right of withdrawal
- The customer, who is a Consumer, has a 14-day period to withdraw from the contract. The consumer has the right to withdraw from this contract within 14 days without giving any reason. The deadline for withdrawal expires after 14 days from the date of the 1
- To exercise your right of withdrawal, you must inform us 2 of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by mail, fax or e-mail).
- You may use the model withdrawal form, but this is not mandatory. 3
- In order to comply with the withdrawal period, it is sufficient for you to send information concerning the exercise of your right of withdrawal before the end of the withdrawal period.
- Effects of withdrawal from the contract
- In the event of withdrawal from this contract, we will return to you all payments received from you, including the costs of delivery of the goods (except for the additional costs resulting from your choice of delivery method other than the cheapest ordinary delivery method offered by us), immediately and in any case not later than 14 days from the day on which we are informed of your decision to exercise your right of withdrawal from this contract. We will refund your payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this refund.
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- Complaints about Goods
- [Online store operator] as a seller shall be liable to a Customer who is a Consumer within the meaning of Art. 22[1] of the Civil Code, under the warranty for defects to the extent specified in the Civil Code, in particular, in Art. 556 and Art. 556[1] - 556[3] et seq. of the Civil Code.
- Complaints arising from the violation of rights guaranteed by law, or under these Regulations, should be addressed to the following address [e-mail address]. The seller undertakes to process each complaint within 14 days.
- [Seller is not the manufacturer of the goods. The manufacturer shall be liable under the warranty of the Goods sold under the terms and for the period indicated in the warranty card]. If the warranty document provides for this possibility, the customer may submit his claims under the warranty directly to the authorized service center, the address of which can be found in the warranty card.
- Complaints regarding the provision of electronic services
- The online store takes steps to ensure fully correct operation of the service and the store's websites, to the extent that results from the current technical knowledge, and undertakes to remove within a reasonable time any technical irregularities reported by the Customers.
- Irregularities related to the functioning of the service and the store's websites, the customer may report in writing to the address: [address], via email to [email protected] or [using the contact form].
- In the complaint, the Customer should describe the type and date of occurrence of irregularities related to the functioning of the Store.
- Dispute resolution and final provisions
- The customer, who is a Consumer, may, if interested, use the out-of-court ways of handling complaints and asserting claims. Disputes over online shopping can be resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of Trade Inspection. Consumers can also use other methods of out-of-court dispute resolution and, for example, file their complaint through the EU's online ODR platform, available at: http://ec.europe.eu/consumers/odr/
- In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on Providing Services by Electronic Means and other relevant provisions of Polish law shall apply.
A consumer making a purchase from an online store must be informed, even before placing an order, of both his right to withdraw from the contract and the exceptional situations in which this right is excluded (Art. 12 points 9 - 12 of the Consumer Rights Act). This information (with the exception of information about the lack of the right to withdraw from the contract) can be provided using the model instruction on withdrawal from the contract, which is attached as Appendix 1 to the Law on Consumer Rights. A trader who serves a consumer with a properly completed instruction fulfills the information obligations set forth in Art. 12 mouth. 1 points 9 - 11 of the Act.
In order to create the correct information about the right to withdraw from the contract, please read the instructions below and appropriately complete the information marked in black in paragraph. 7 fields 1 2 3 4 5 6
Filling instructions
- in the case of service contracts or contracts for the supply of water, gas or electricity, where they are not supplied in a limited volume or in a fixed quantity, the supply of heat or the supply of digital content that is not delivered on a tangible medium: "conclusion of a contract.";
- in the case of a contract that obligates you to transfer ownership of a thing (e.g., a contract of sale, a contract of delivery, or a contract for a work that is a movable object): "on which you took possession of the thing or on which a third party other than the carrier and designated by you took possession of the thing".";
- in the case of a contract obliging you to transfer ownership of multiple items that are delivered separately: "on which you took possession of the last of the items or on which a third party other than the carrier and designated by you took possession of the last of the items".";
- in the case of a contract obliging you to transfer ownership of items delivered in lots or parts: "on which you took possession of the last lot or part or on which a third party other than the carrier and designated by you took possession of the last lot or part".";
- in the case of contracts for regular delivery of goods for a definite period of time: "on which you took possession of the first item or on which a third party other than the carrier and indicated by you took possession of the first item".".
(a) please write:
- "We will pick up the item" or:
- "Please send back or hand over the item to us or .. [enter here the name and full postal address, if applicable, of the person authorized by you to receive the item], immediately, and in any case no later than 14 days from the day you informed us of your withdrawal from this contract. The deadline is met if you send the item back before the expiration of the 14-day period.".
- "We bear the cost of returning the item.";
- "You will have to bear the direct costs of returning the item.";
- If, in the case of a distance contract, you do not offer to pay the cost of returning the item, and the thing, due to its nature, can not be returned by mail in the usual manner: "You will have to bear the direct costs of returning the item: ... PLN [insert amount] .";
or if it is not possible, judging reasonably, to calculate in advance the cost of returning the item: "You will have to bear the direct costs of returning the goods. The amount of these costs is estimated at a maximum of approximately ... PLN [please enter amount] ."; - or if, in the case of off-premises contracts, the thing, due to its nature, cannot be returned by mail in the usual manner, and it was delivered to the consumer's place of residence at the time of conclusion of the contract: "We will collect the thing at our expense".
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