TERMS AND CONDITIONS OF THE ONLINE STORE
The terms used in the Regulations mean:
1. Customer - a natural person, legal person or an organizational unit that is not a legal person, whose specific provisions grant legal capacity, who places an Order within the Store;
2. Consumer - pursuant to art. 22 of the Civil Code means a natural person performing a legal transaction with an entrepreneur not directly related to his business or professional activity.
3. Civil Code - Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
4. Regulations - these Regulations specifying the general conditions of sale and the rules for the provision of electronic services as part of the colormed.pl online store;
5. Online Store (Store) - a website available at https://colormed.pl/, through which the Customer may, in particular, place Orders;
6. Goods - products presented in the Online Store;
7. Sales contract - a contract for the sale of Goods within the meaning of the Civil Code, concluded between colormed.pl and the Customer, concluded using the Store's website;
8. Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);
9. 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);
10. Order - Customer's declaration of will, aiming directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.
II. General provisions
1. These Regulations define the rules for using the online store available at https://colormed.pl/.
2. These Regulations are the regulations referred to in art. 8 of the Act on the provision of electronic services.
3. The colormed.pl online store, operating at https://colormed.pl/, is run by COLORMED s.c. M.Waliszewska K.Waliszewska, ul. Inowrocławska 12, 88-170, Pakość, NIP: 5562795467, REGON: 521298772. Business activity is registered in the Central Register and Information on Economic Activity (CEIDG), kept by the minister competent for economy.
4. These Regulations specify in particular: - rules for registering and using an account within the online store; - terms and conditions for placing Orders electronically as part of the online store; - rules for concluding Sales Agreements using the services provided as part of the Online Store.
5. Using the online store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements: a computer with a 1.0 GHz processor
6. In order to use the online store, the Customer should obtain access to a computer station or end device with Internet access on their own.
7. In accordance with applicable law, colormed.pl reserves the right to limit the provision of services via the Online Store to persons who are over 18 years of age. In this case, potential customers will be notified of the above. 8. Customers can access these Regulations at any time via the link on the homepage of the website https://colormed.pl/ and download it and print it out.
III. Rules for using the Online Store
1. Registration in the Online Store is optional. The Customer may place an order without registering in the Store, after reading and accepting these Regulations. Registration takes place by completing and accepting the registration form available on one of the Store's pages The condition for registration is consent to the content of the Regulations and providing personal data marked as mandatory. Colormed.pl may deprive the Customer of the right to use the Online Store, as well as limit his access to some or all of the Online Store's resources, with immediate effect, in the event of a breach by the Customer of the Regulations, and in particular when the Customer: - provided untrue, inaccurate or outdated data during registration in the online store, misleading or infringing the rights of third parties, - committed an infringement of the personal rights of third parties through the online store, in particular the personal rights of other customers of the online store, - commits other behaviors that will be considered by colormed.pl as behaviors inconsistent with applicable law or general principles of using the Internet or detrimental to the good name of colormed.pl.
2. In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification by unauthorized persons of personal data sent on the Internet.
3. The customer is obliged in particular to: - use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet. - not to provide or transmit content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties, - use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices, - not taking actions such as: sending or posting unsolicited commercial information (spam) as part of the Online Store, - use the Online Store in a way that is not inconvenient for other customers and for colormed.pl, - use any content posted as part of the Online Store only for your own personal use.
IV. The procedure for concluding a Sales Agreement
1. In order to conclude a Sales Agreement via the Online Store, go to the website https://colormed.pl/ and select the Goods by taking further technical steps based on the messages displayed to the Customer and information available on the website.
2. The selection of the ordered Goods by the Customer is made by adding them to the basket.
3. When placing the Order - until the button confirming the submission of the Order is pressed - the Customer has the option of modifying the entered data and the selected Goods. To do this, follow the messages displayed to the Customer and the information available on the website.
4. After the Customer using the Online Store provides all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include, among others: a description of the selected goods or services, the total price and all other costs.
5. In order to send the Order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the button confirming the submission of the Order.
6. Information about the Goods provided on the Store's websites constitute an offer within the meaning of art. 66 of the Civil Code. Sending the Order by the Customer is a declaration of will to conclude a Sales Agreement with colormed.pl, in accordance with the Regulations. The contract is considered concluded when the Customer's Order is received into the IT system of the Online Store, provided that the Order complies with the Regulations. After concluding the contract, the Customer receives an e-mail containing confirmation of all essential elements of the Order.
7. The sales contract is concluded in Polish, with the content in accordance with the Regulations.
8. Customers can access these Regulations at any time via the link on the homepage of the website https://colormed.pl/ and download it and print it out. Recording, securing and sharing the order data and the General Terms and Conditions (sales regulations) takes place via e-mail. You can see previous orders in your account after logging in.
1. The delivery of the Goods is limited to the area of the Republic of Poland and takes place to the address indicated by the Customer when placing the Order.
2. The delivery of the ordered Goods is carried out via: - Polish Post - Courier company It is possible to collect the ordered goods in person in our store: COLORMED s.c. , Inowrocławska 12, 88-170 Pakosc, Poland, .
Delivery costs are:
With prepayment (payment by bank transfer or IAI Pay system):
Polish Post Pick up at the Point - PLN 9.00
DPD courier - PLN 15.00
InPost courier- PLN 12.00
When paying on delivery:
InPost courier cash on delivery - PLN 19.00
DPD courier cash on delivery - PLN 22.00
In addition, delivery costs will be indicated at the time of placing the Order.
3. The delivery time is counted from the moment of shipment and amounts to: 1 working day for shipments by DPD courier or 2 working days for shipments by Poczta Polska.
4. Damage to the Goods caused during delivery. In the case of a distance consumer purchase, our Store always bears the risk of accidental damage or loss of goods in transit. If the goods are delivered with obvious damage caused during transport, we kindly ask you to report such a defect to the deliverer as soon as possible and contact us. A delay in submitting such a complaint or making contact has no consequences for your statutory claims and their satisfaction, in particular for your rights under the statutory warranty for defects (point VIII of the Regulations). Faster reporting of noticed damage caused during transport helps us to pursue our own claims against the carrier or transport insurer.
VI. Prices and Payment Methods
1. The prices of the Goods are given in Polish zlotys and include all components, including VAT, customs duties and any other components.
2. The customer has the option of paying the price: - by bank transfer - cash on delivery - through the IAI Pay quick payment system
VII. Right of withdrawal
Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the day on which you came into possession of the goods or on which a third party other than the carrier and indicated by you came into possession of the goods. Each entrepreneur (buyer who has received a VAT invoice for the purchased products for his business or professional activity) wishing to return the goods has up to 14 days from the moment when he came into possession of the goods or when a third party other than the carrier and indicated by the entrepreneur, came into possession of the goods. To exercise the right to withdraw from the contract, you must inform us, COLORMED s.c., ul. Inowrocławska 12, 88-170 Pakość, firstname.lastname@example.org, tel. (+48) 665 001 085, about your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form at the end of this page, but it is not mandatory. You can also download the printable form here: return form In order to meet the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract. Consequences of withdrawing from the contract If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery of the goods (with the exception of additional costs resulting from the type of delivery chosen by you other than the least expensive type of standard delivery offered by us), immediately and in any event not later than 14 days from the day on which we were informed about your decision to exercise the right to withdraw from this contract. In the event of partial withdrawal from the contract and return of only part of the products delivered in one shipment, the cost of delivering the goods to the Customer will not be refunded if it does not depend on the quantity of goods ordered by the Customer, therefore the Customer would incur the same delivery cost by ordering only the products, that have not been returned. Refunds will be made to the bank account number indicated by you, provided in the declaration of withdrawal from the contract, sent to us in an e-mail or sent to us together with the return. You will certainly not incur any additional costs related to the refund. We may withhold the reimbursement until receipt of the goods or until you provide us with proof that you have sent it back, whichever occurs first. Please send back or give us the goods to the address of COLORMED s.c. M.Waliszewska K.Waliszewska, ul. Inowrocławska 12, 88-170, Pakość, immediately, and in any case not later than 14 days from the day on which you informed us about the withdrawal from this contract. The deadline is met if you send back the Goods before the expiry of the 14-day period. You will have to bear the direct cost of returning the goods. You are only responsible for any reduction in the value of the goods resulting from using them in a different way than was necessary to establish the nature, characteristics and functioning of the goods. The entrepreneur may return to the consumer the amount of the value of the goods reduced by the amount corresponding to the decrease in the value of the goods, which may be caused by poor handling of the goods, in a manner other than necessary to establish the characteristics, functionality and nature of the goods. The consumer's right to withdraw from the contract is excluded in the case of: Contracts in which the subject of the service is non-prefabricated goods, manufactured according to the consumer's specifications or serving to satisfy his individual needs.
TEMPLATE WITHDRAWAL FROM THE CONTRACT (this form should be completed and returned only if you wish to withdraw from the contract)
– Addressee COLORMED s.c. M.Waliszewska K.Waliszewska, ul. Inowrocławska 12, 88-170, Pakość, NIP: 5562795467, REGON: 521298772, email@example.com, Phone: 665001085
– I/We(*) hereby give notice(*) of my/our withdrawal from the contract for the sale of the following goods(*) the contract for the supply of the following goods(*) the contract for a specific task involving the performance of the following goods(*)/for the provision of the following service (*)
– Date of contract conclusion(*)/receipt(*)
– Name of the consumer(s) – Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
– Date (*) Delete where not applicable.
VIII. Complaints about Goods
Applies to the Customer who is a Consumer: We are obliged to deliver goods free from defects. The statutory right of liability for defects in the sold item (warranty for defects) applies to the extent specified in art. 556 and art. 556-556 and subsequent of the Civil Code. Complaints can be submitted: - in writing to the address: COLORMED s.c. , Inowrocławska 12, 88-170, Pakosc. - via e-mail to the following address: firstname.lastname@example.org. - or using the contact form available on the Store's website. Differences in shades of clothing within the same color are not subject to complaint. From January 1, 2021, in the case of entrepreneurs who are natural persons running a sole proprietorship registered in CEIDG, when the content of the concluded contract shows that it does not have a professional nature for such a person, resulting in particular from the subject of business activity performed by him as a seller we are obliged to consider the complaint under the warranty within 14 calendar days from its submission. In the case of exercising your rights under the warranty - if we deem it necessary to consider the complaint, you are obliged to deliver the defective goods to the above-mentioned postal address. If, due to the type of goods or the method of their installation, the delivery of the goods would be excessively difficult, you are obliged to make them available to us at the place where they are located. We undertake to respond to the complaint immediately, no later than within 14 days from the date of its submission. We are liable under the warranty if the non-conformity of the goods is found before the expiry of two years from the date of delivery of the goods to you. If the subject of the sale is a used movable item, the liability under the warranty is one year from the date of its release. In the complaint, it is recommended to (1) provide information on the subject of the complaint, in particular the type and date of the defect; (2) specification of the request regarding the method of removing the defect (replacement of the goods with a new one, repair of the goods, price reduction, withdrawal from the contract - if the defect is significant); and (3) providing the contact details of the complainant - this will facilitate and speed up the consideration of the complaint by the Store. The recommendations specified in the previous sentence are only non-binding guidelines and in no way affect the effectiveness of complaints submitted without providing the recommended information. Applies to a Customer who is not a Consumer at the same time: In the case of a Sales Agreement concluded with a Customer who is not a Consumer at the same time, pursuant to art. 558 § 1 of the Civil Code, the liability of the Online Store under the warranty for defects in the Goods is excluded. This exclusion is ineffective in case of fraudulent concealment of the defect by us.
IX. Complaints regarding the provision of electronic services
1. Colormed.pl takes steps to ensure the proper operation of the Online Store, to the extent that results from the current technical knowledge and undertakes to remove any irregularities reported by customers within a reasonable time.
2. The customer may notify us of any irregularities or interruptions in the functioning of the Online Store website. Please report irregularities related to the functioning of the Store by e-mail to the following address: email@example.com
3. In a complaint regarding irregularities related to the functioning of the Online Store website, please indicate the type and date of the irregularity.
4. We undertake to respond to the complaint immediately, no later than within 14 days from the date of its submission. X. Out-of-court methods of dealing with complaints and pursuing claims
Please be advised that there are ways to use out-of-court methods of dealing with complaints and pursuing claims. Using them is voluntary and can only take place if both parties to the dispute agree to it. - The consumer may apply for the initiation of proceedings for out-of-court resolution of consumer disputes regarding the concluded Sales Agreement to the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended). - The consumer may also apply for a dispute regarding the concluded Sales Agreement to be resolved by a permanent arbitration court operating at the appropriate voivodship inspectorate of the Trade Inspection, in accordance with art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended).
The European Commission also provides a platform for online dispute resolution between Consumers and Entrepreneurs (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/. 2. Detailed information on the resolution of consumer disputes, including the possibility for the Consumer to use out-of-court methods of dealing with complaints, pursuing claims and the rules of access to these procedures are available at the headquarters and on the websites of the voivodship inspectorates of the Trade Inspection and at the internet address: https://uokik .gov.pl/spory_konsumenckie.php. 3. Please be advised that we undertake to use out-of-court resolution of disputes with Consumers within the meaning of the Act of 23 September 2016 on out-of-court resolution of consumer disputes. The entity authorized to out-of-court dispute resolution between colormed.pl and the Consumer is: ODR PLATFORM available at: http://ec.europa.eu/consumers/odr/. The consumer may submit an application to this entity to initiate proceedings for out-of-court resolution of consumer disputes.
XI. Product reviews
The Seller provides customers with access to issuing and viewing opinions about products in the Online Store on the terms described in the points of these regulations.
1. It is possible to leave an opinion by the customer after using the form for adding opinions about the product or the Online Store. This form is available directly on the Online Store website or can be made available via an individual link received by the Customer after the purchase to the previously indicated e-mail address. If it is technically possible in the opinion form, the customer can also add a graphic assessment or a photo of the product.
2. The opinion on the Product may be issued only for the actually purchased products in the Seller's Online Store
3. An opinion on the Product may be issued only by the Customer who actually purchased the Product under review
4. It is not allowed to conclude fictitious or sham sales contracts in order to issue an opinion about the Product
5. An opinion about the Online Store may be issued by a person who is a Customer of the Online Store
6. Adding opinions by Customers may not be used for activities constituting an act of unfair competition, activities infringing personal rights, intellectual property rights or other rights of the Seller or third parties
7. The customer who adds opinions is obliged to act in accordance with the law, these regulations and decency
8. Customer opinions may be made available on the Online Store website (e.g. next to a given Product) or on an external website collecting opinions
9. The seller publishes positive and negative opinions, however, he reserves the right not to publish vulgar opinions and opinions that: concern elements about which the customer has been informed in the product description or are clearly visible in the photos of the product; opinions that promote competition; opinions that do not directly relate to the purchased product; extreme sizing opinions that deviate greatly from the majority of customer sizing opinions, so that they do not mislead other customers when choosing a size.
10. We do not publish more than one negative opinion on one product from one customer when he purchased the same product in different colors or sizes;
11. We do not publish opinions on the School Uniforms category;
12. The Seller ensures that the published opinions about the Products came from its Customers who purchased the Product.
To this end, the seller takes the following actions:
• Opinions issued using the form available on the Online Store website require prior verification by the Service Provider. The verification consists in checking the compliance of the opinion with the Regulations, in particular in checking whether the person giving the opinion is a Customer of the Online Store.
• In the case of opinions about the Product, it additionally checks whether it has purchased the reviewed Product;
• In the event of the Seller's doubts or objections addressed to the Seller by other Customers or third parties as to whether a given opinion comes from the Customer or whether a given Customer bought a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he is actually a Customer of the Store. -pu Internet or has purchased the reviewed Product;
• In case of doubts of the Seller or objections addressed to the Seller by other Customers, whether a given opinion comes from the Customer or whether a given Customer bought the Product, the Seller reserves the right to contact the author of the opinion in order to clarify, confirm that he is actually a Customer of the Online Store 13. The Seller does not post or commission any other person to post false opinions 14. The seller does not provide sponsored reviews.
XII. Final Provisions
1. The competent court for resolving disputes with Consumers is the court having local jurisdiction in accordance with the applicable provisions of the Code of Civil Procedure.
2. Settlement of any disputes arising between colormed.pl and the Customer who is not a Consumer is subject to the court having jurisdiction over our registered office.
3. In matters not covered by these Regulations, the provisions of applicable law shall apply, in particular the provisions of the Act of April 23, 1964. Civil Code (consolidated text, Journal of Laws of 2014, item 121, as amended) and the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827), as well as European Union law, in particular the GDPR (Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC). In the event of any conflicts between these Regulations and the rights of Customers and provisions resulting from generally applicable laws, generally applicable provisions of Polish law shall apply.