REGULATIONS
The contract between the Buyer and the Seller may be concluded in two ways.
Before placing the order, the Buyer has the right to negotiate all provisions of the contract with the Seller, including those changing the provisions of the following regulations. The negotiations should be conducted in writing and sent to the Seller's address (Perun & Weles, 01-066 Warsaw, 15 Burakowska Street).
If the Buyer resigns from the possibility of concluding a contract through individual negotiations, the following terms and applicable law shall apply.
The seller undertakes the shop to settle disputes amicably. Information on dispute resolution pursuant to Art. 14 sec. 1 of the ODR Regulation: At the address http: //ec.europa.eu/consumers / ... , the European Commission provides an online system for resolving consumer disputes (ODR).
REGULATIONS
§1 Definitions
1. Postal address - name and surname or name of the institution, location in the city (in the case of a city divided into streets: street, building number, apartment or flat number; in the case of a city not divided into streets: city name and property number), zip code and town.
2. Complaint address
Perun & Weles, ul. Burakowska 15, 01-066 Warsaw
3. Delivery price list - available at https://www.perunweles.com/wysylka-i-zwroty , along with a list of available types of delivery and their costs.
4. Contact details:
Perun & Weles, ul. Burakowska 15, 01-066 Warsaw, e-mail: office@perunweles.com phone: +48 501 790 860
5. Delivery - the type of transport service along with the specification of the carrier and the cost, listed in the delivery price list at https://www.perunweles.com/wysylka-i-zwroty .
6. Proof of purchase - an invoice, bill or receipt issued in accordance with the Act on tax on goods and services of March 11, 2004, as amended, and other applicable laws.
7. Product card - a single subpage of the store containing information about a single product.
8. Customer - an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but having legal capacity, making a purchase from the Seller directly related to its business or professional activity.
9. Civil Code - the Civil Code Act of April 23, 1964, as amended.
10. Code of good practice - a set of rules of conduct, in particular ethical and professional standards referred to in Art. 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
11. Consumer - an adult natural person with full legal capacity, making a purchase from the Seller not directly related to its business or professional activity.
12. Cart - a list of products made of products offered in the store based on the Buyer's choices.
13. Buyer - both the Consumer and the Customer.
14. Place of issue of goods - postal address or collection point indicated in the order by the Buyer.
15. Moment of handing over the item - the moment when the Buyer or a third party indicated by him for collection takes possession of the item.
16. Payment - method of payment for the subject of the contract and delivery.
17. Consumer law - the Act on consumer rights of 30 May 2014.
18. Product - the minimum and indivisible number of items that may be the subject of the order, and which is given in the Seller's store as a unit of measure when determining its price (price / unit).
19. Subject of the contract - products and delivery being the subject of the contract.
20. Subject of the service - subject of the contract.
21. Collection point - the place of delivery of the item, which is not a postal address, mentioned in the statement provided by the Seller in the store.
22. Thing - a movable item that may be or is the subject of the contract.
23. Store - the website available at https://www.perunweles.com , through which the Buyer may place an order.
24. Seller:
Vitalsun Rafał Ciesielski (Perun & Weles)
ul. Burakowska 15,
01-066 Warsaw,
NIP: 585-100-81-80,
Registered in the Central Register and Information on Economic Activity (CEIDG) kept by the Minister of Economic Development and Finance. REGON: 190855978,
BANK ACCOUNT: 35 1140 2004 0000 3802 7571 9707
25. System - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network, commonly referred to as the Internet.
26. Completion date - the number of hours or working days specified on the product card.
27. Agreement - an agreement concluded outside the entrepreneur's premises or at a distance within the meaning of the Act on consumer rights of May 30, 2014 in the case of Consumers and a sales contract within the meaning of Art. 535 of the Civil Code Act of April 23, 1964 in the case of Buyers.
28. Defect - both a physical defect and a legal defect.
29. Physical defect - non-compliance of the item sold with the contract, in particular if the item:
a.it has no properties that this kind of thing should have due to the purpose specified in the contract or resulting from circumstances or destination;
b.does not have properties that the Seller has provided to the Consumer,
c. it is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such purpose;
d. was delivered to the Consumer incomplete;
e. in the event of improper installation and commissioning, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by a Consumer who followed the instructions received from the Seller;
f. it does not have the properties provided by the manufacturer or his representative or the person who places the item on the market in the scope of his business activity, and the person who, by placing his name, trademark or other distinctive sign on the item sold, presents himself as the manufacturer, unless the Seller knew these assurances or, judging reasonably, could not know or could not have influenced the Consumer's decision to conclude the contract, or if their content was corrected prior to the conclusion of the contract.
30. Legal defect - a situation where the item sold is the property of a third party or is encumbered with the right of a third party, and if the restriction in the use or disposal of the item results from a decision or judgment of a competent authority.
31. Order - Buyer's declaration of intent made through the store, clearly specifying: the type and quantity of products; type of delivery; payment method; place of delivery of the item, Buyer's data aimed directly at the conclusion of the contract between the Buyer and the Seller
§2 General conditions
1. The contract is concluded in Polish, in accordance with Polish law and these regulations.
2. We deliver our goods only to: Poland, Albania, Andorra, Austria, Belgium, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Montenegro, Czech Republic, Denmark, Estonia, Finland, France, Gibraltar, Greece, Guernsey, Spain, The Netherlands, Ireland, Iceland, Jersey, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Germany, Norway, Portugal, Russia, Romania, San Marino, Serbia, Svalbard and Jan Mayen, Switzerland, Sweden, Slovakia, Slovenia, Ukraine, Vatican City, Great Britain, Isle of Man, Faroe Islands, Hungary, Italy, Latvia.
3. The Seller is obliged and undertakes to provide services and deliver goods free from defects.
4. All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
5. The Seller does not provide the Buyer with a guarantee within the meaning of Art. 577 of the Civil Code, while informs about the known guarantees granted by third parties for products in the store.
6. Confirmation, disclosure, consolidation, securing of all essential provisions of the contract in order to gain access to this information in the future takes place in the form of: a. Order confirmation by sending to the indicated e-mail address: orders, pro forma invoices, information on the right to withdraw from of the contract, these regulations in pdf version, model withdrawal form in pdf version, links for self-download of the regulations and withdrawal form; b. attaching to the completed order, sent to the indicated place of issue of printed items: proof of purchase, information on the right to withdraw from the contract, these regulations, the model withdrawal form.
7. The Seller does not charge any fees for communicating with him using means of distance communication, and the Buyer shall bear its costs in the amount resulting from the contract he has concluded with a third party providing him with a specific service enabling distance communication.
8. The Seller provides the Buyer using the system with the correct operation of the store in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest JAVA and FLASH versions installed, on the screens with a horizontal resolution above 1024 px. The use of third-party software that affects the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, so in order to obtain full functionality of the store https://www.perunweles.com , you should all of them turn off.
9. The buyer may use the option of remembering his data by the store in order to facilitate the process of placing another order. For this purpose, the Buyer should provide the login and password necessary to access his account. The login and password are a sequence of characters determined by the Buyer, who is obliged to keep them secret and protect them against unauthorized access by third parties. The buyer can view, correct, update data and delete the account in the store at any time.
10. The Seller complies with the code of good practice.
§3 Conclusion of the contract and implementation
1. Orders can be placed 24 hours a day.
2. In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:
a. adding a product to the basket;
b. choosing the type of delivery;
c. choosing the type of payment;
d. choosing the place of delivery of the item;
e. placing an order in the store by clicking the "Order with payment obligation" button.
3. The conclusion of the contract with the consumer takes place upon placing the order.
4. The execution of the Consumer's order payable on delivery takes place immediately, and the order payable by bank transfer or via the electronic payment system after the Consumer's payment is credited to the Seller's account.
5. The conclusion of the contract with the Customer takes place upon the acceptance of the order by the Seller, about which he informs the Customer within 48 hours of placing the order.
6. The execution of the Customer's order payable on delivery takes place immediately after the conclusion of the contract, and the order payable by bank transfer or via the electronic payment system after the contract is concluded and the Customer's payment is credited to the Seller's account.
7. The execution of the Customer's order may depend on the payment of all or part of the value of the order or obtaining a trade credit limit of at least the value of the order or the consent of the Seller to send the order on delivery (payable on delivery).
8. The subject of the contract is shipped within the time limit specified on the product card, and for orders consisting of multiple products, the longest date specified in the product cards. The period starts running with the order fulfillment.
9. The purchased subject of the contract, together with the sales document selected by the Buyer, is sent with the type of delivery selected by the Buyer to the place of issue of the goods indicated by the Buyer in the order, along with the attached attachments referred to in §2 point 6b.
§4 The right to withdraw from the contract
Only the Customer who is a Consumer is entitled to a 14-day withdrawal period. According to Art. 22 (1) of the Civil Code, a consumer is a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity.
The right to withdraw from the contract
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to withdraw from the contract, you must inform us (Perun & Weles Rafał Ciesielski, Burakowska 15, 01-066 Warsaw, caviallo@caviallo.eu, Phone: +48 501 790 860) about your decision to withdraw from this contract in by an unequivocal statement (for example, a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
In order to meet the deadline to withdraw from the contract, it is sufficient for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
How long do we keep your data?
In cases where we process your data based on your consent, your personal data will be stored until the end of the purpose for which the consent was granted, but no longer than until you withdraw your consent.
Consequences of withdrawal from the contract
In the event of withdrawal from this contract, we will reimburse you all payments received from you, including the cost of delivering the goods (except for additional costs resulting from the method of delivery chosen by you other than the cheapest standard delivery method offered by us), immediately, and in any case no later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract. We will reimburse the payment using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees related to this return.
We will pick up the item. You will have to bear the direct cost of returning the goods. You are only responsible for reducing the value of things resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of things.
The right to withdraw from the contract by the consumer is excluded in the case of:
Agreements where the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs.
TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)
- Addressee Caviallo Rafał Ciesielski, Burakowska 15, 01-066 Warsaw, caviallo@caviallo.eu, Telephone: +48 501 790 860
- I / We (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following items (*) contract for specific work consisting in the performance of the following items (*) / for the provision of the following service (*)
- Date of conclusion of the contract (*) / receipt (*)
- Name and surname of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if the form is sent in paper version)
- Date
(*) Delete as appropriate.
§5 Warranty
1. The Seller, pursuant to Art. 558 §1 of the Civil Code completely excludes liability to customers due to physical and legal defects (warranty).
2. The Seller is liable to the Consumer under the terms of Art. 556 of the Civil Code and subsequent ones for defects (warranty).
3. In the case of a contract with a consumer, if a physical defect has been found within one year from the date of delivery of the item, it is assumed that it existed at the time the danger passed on to the consumer.
4. If the item sold has a defect, the Consumer may: a. Submit a statement requesting a price reduction; b. submit a declaration of withdrawal from the contract; unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with a non-defective one or remove the defect, he is not entitled to replace the item or remove the defect.
5.The Consumer may, instead of the removal of the defect proposed by the Seller, request the replacement of the item with a non-defective one or, instead of the replacement of the item, request the removal of the defect, unless it is impossible to bring the item into conformity with the contract in the manner chosen by the Consumer or would require excessive costs compared to the proposed method by the Seller, while assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found, and the inconvenience to which the Consumer would otherwise be satisfied, are taken into account.
6. The consumer cannot withdraw from the contract if the defect is irrelevant.
7. The Consumer, if the item sold has a defect, may also: a. Request the replacement of the item with a defect-free one; b. demand that the defect be removed.
8. The Seller is obliged to replace the defective item with a non-defective one or remove the defect within a reasonable time without undue inconvenience to the Consumer.
9. The Seller may refuse to satisfy the Consumer's request if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the Buyer or would require excessive costs compared to the second possible method of bringing the defective item into conformity with the contract.
10.If the defective item has been installed, the Consumer may request the Seller to disassemble and reinstall it after replacing it with a non-defective one or removing the defect, but is obliged to bear some of the related costs exceeding the price of the item sold or may demand payment from the Seller. part of the costs of disassembly and reassembly, up to the price of the item sold. In the event of non-fulfillment of the obligation by the Seller, the Consumer is entitled to perform these activities at the expense and risk of the Seller.
11. The consumer who exercises the rights under the warranty is obliged to deliver the defective item at the expense of the Seller to the complaint address, and if, due to the type of item or the way it was installed, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the in which the thing is. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to return the goods at the expense and risk of the Seller.
12. The costs of replacement or repair are borne by the Seller, except for the situation described in §4 point 10.
13. The Seller is obliged to accept the defective item from the Consumer in the event of replacement of the item with a non-defective one or withdrawal from the contract.
14. The Seller, within fourteen days, will respond to: a. A declaration of a price reduction request; b. declaration of withdrawal from the contract; c. demand that the item be replaced with one that is free from defects; d. demand that the defect be removed. Otherwise, it is considered that he considered the Consumer's statement or request justified.
15. The Seller is liable under the warranty if a physical defect is found before the expiry of two years from the date of delivery of the item to the Consumer, and if the subject of sale is a second-hand item, within one year from the date of delivery to the Consumer.
16. The Consumer's claim for removal of the defect or replacement of the item sold for one free from defects expires after one year from the date of finding the defect, but not earlier than two years from the date of delivery of the item to the Consumer, and if the subject of sale is a second-hand item, within one year from the moment the item is delivered to the Consumer.
17. In the event that the use-by date specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller shall be liable under the warranty for physical defects of this item found before that date.
18. Within the time limits specified in §4 points 15-17, the Consumer may submit a declaration of withdrawal from the contract or price reduction due to a physical defect of the item sold, and if the Consumer requested replacement of the item with a non-defective one or removal of the defect, the time limit for submitting a declaration of withdrawal from the contract or price reduction begins with the ineffective expiry of the deadline for replacing the item or removing the defect.
19. In the event of an investigation before a court or an arbitration court for one of the rights under the warranty, the time limit for the exercise of other rights due to the Consumer in this respect is suspended until the final conclusion of the proceedings. The same applies to mediation proceedings, but the time limit for exercising other rights under the warranty starts from the day the court refuses to approve the settlement concluded before the mediator or the mediation ends ineffectively.
20. To exercise the rights under the warranty for legal defects of the sold item, §4 points 15-16 apply, however the period starts from the date on which the Consumer learned about the defect, and if the Consumer learned about the defect only as a result of an action of a third party - from the date on which the judgment issued in a dispute with a third party becomes final.
21. If due to a defect in the item, the Consumer submitted a declaration of withdrawal from the contract or price reduction, he may demand compensation for the damage he suffered by entering into the contract, not knowing about the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible liability, and in particular may request reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring goods, reimbursement of expenditure to the extent that he did not benefit from them, and did not receive their reimbursement from a third party and reimbursement of the costs of the process. This is without prejudice to the provisions on the obligation to repair the damage on general principles.
22. The expiry of any time limit for finding a defect does not exclude the exercise of the rights under the warranty if the Seller has fraudulently concealed the defect.
§6 Privacy policy and personal data security
1. The administrator of databases of personal data provided by the Consumers of the store is the Seller.
2. The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997 and the Electronic Services Provision Act of July 18, 2002. By providing his personal data to the Seller when placing the order, the Buyer agrees to their processing by the Seller in order to complete the order. The buyer has the option of viewing, correcting, updating and deleting his personal data at any time.
3. Detailed rules for the collection, processing and storage of personal data used to fulfill orders by the store are described in the Privacy Policy, which can be found at
§7 Final provisions
1. None of the provisions of these Regulations is intended to infringe the Buyer's rights. It cannot be interpreted in this way, because in the event of non-compliance of any part of the regulations with applicable law, the Seller declares absolute compliance and application of this law in place of the challenged provision of the regulations.
2. Registered Buyers will be notified by e-mail about changes to the regulations and their scope (to the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the new regulations come into force. The changes will be introduced in order to adapt the regulations to the applicable legal status.
3. The current version of the regulations is always available to the Buyer in the regulations tab https://www.perunweles.com/regulamin . During the execution of the order and throughout the entire period of after-sales care, the Buyer is bound by the regulations accepted by him when placing the order. Except when the Consumer finds it less favorable than the current one and informs the Seller about the choice of the current one as binding.
4. In matters not covered by these regulations, the applicable legal provisions shall apply. Disputes, if the Consumer expresses such a will, are resolved by mediation or arbitration. As a last resort, the matter is resolved by the court having local and material jurisdiction.
Warsaw 01/01/2020