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Terms and Conditions of Service

CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS

The regulations define the rules and conditions for providing services electronically, including the use of the Store, as well as the rights, obligations, and conditions of liability of the Seller and the Customer. The regulations also contain information that the Seller is obliged to provide to the Consumer in accordance with applicable law, including the Act of May 30, 2014 on consumer rights (Journal of Laws 2017.683 as amended).

Every Customer should familiarize themselves with the Regulations.

The regulations are available on the Store's website and are provided free of charge before the contract is concluded. At the Customer's request, the regulations are also made available in a manner that allows for obtaining, reproducing, and retaining their content using the IT system used by the Customer (e.g., via email).

Definitions:

Seller or Service Provider: Aleksandra Pek, 22 Hutnicza St, 81-061 Gdynia, conducting business under NIP number 5861960508, REGON 221658292, registered in the Central Register and Information on Economic Activity.

Customer or Service Recipient: a natural person who is at least 18 years old and has full legal capacity, a legal person, and an organizational unit without legal personality, but capable of acquiring rights and incurring obligations in its own name, who establishes a legal relationship with the Seller in the scope of the Store's activities. The Customer is also a Consumer if there are no separate provisions regarding the Consumer in the given matter;

Consumer: a Customer being a natural person making a legal act (purchase) with the Seller that is not directly related to their business or professional activity;

Electronic Service – a service within the meaning of the Act of July 18, 2002 on the provision of electronic services, provided electronically by the Service Provider for the Customer through the Service;

Store or Online Store, or Service: An electronic service, Online Store, operated by the Seller at the internet address https://industone.pl, under which the Customer concludes a distance sales agreement, and the parties are informed of the sale via automatically generated email, and the performance of the contract (in particular, delivery of Goods) takes place outside the Internet.

Account – Electronic Service, marked with an individual name (login) and password provided by the Customer, a collection of resources in the IT system of the Service Provider, where data provided by the Customer and information about actions within the Store are stored;

Goods or Product – goods sold in the Store, available in the Seller's offer;

Agreement – distance agreement regarding the purchase of Goods, concluded as a result of the Customer placing an Order in the Store and its acceptance by the Seller;

Form – a script that constitutes a means of electronic communication, enabling placing an Order in the Store or performing other actions in the Store;

Order – a purchasing instruction for Goods placed by the Customer using technical communication means;

Newsletter – Electronic Service, electronic distribution service provided by the Service Provider via email, allowing all Customers to automatically receive periodic messages (newsletters) from the Service Provider containing information about the Service, including news or promotions in the Store.

CHAPTER 2. BASIC AND TECHNICAL INFORMATION

Seller's contact details for the Customer:

InduStone

Aleksandra Pek

22 Hutnicza St

81-061 Gdynia

biuro@industone.pl

Phone number +48 691321122

The Seller offers the following types of Electronic Services:

1. Online Store

2. Newsletter

3. Reviews (commenting)

4. Account

The Seller provides Electronic Services in accordance with the Regulations.

The technical condition for using the Store is that the Customer has a computer or other devices enabling browsing the Internet, appropriate software (including a web browser), access to the Internet, and an active email account.

There is a prohibition on providing unlawful content by the Customer.

Using the Store may involve risks typical for using the Internet, such as spam, viruses, and hacking attacks. The Seller takes measures to counteract these threats. The Seller indicates that the public nature of the Internet and the use of services provided electronically may involve the risk of unauthorized access to or modification of Customer data by unauthorized persons, therefore Customers should use appropriate technical means to minimize the aforementioned threats, including antivirus programs and identity protection when using the Internet.

The conclusion of the agreement for the provision of Electronic Services takes place via the Store online. The Customer may terminate the use of Electronic Services at any time by leaving the Store or by deleting the Customer's account. In such a case, the agreement for the provision of Electronic Services is automatically terminated without the need for additional declarations from the parties.

There is no possibility of using the Store anonymously or under a pseudonym.

CHAPTER 3. PERSONAL DATA

The personal data provided by Customers are processed by the Seller in accordance with applicable laws, including the 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 (General Data Protection Regulation). In particular:
1. The Seller ensures that this data is:
a) processed lawfully, fairly, and in a transparent manner in relation to the Customers and other individuals whose data is concerned;
b) collected for specified, legitimate purposes and not further processed in a manner incompatible with those purposes;
c) adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed;
d) accurate and, where necessary, kept up to date;
e) kept in a form which permits identification of the data subjects for no longer than is necessary for the purposes for which the data are processed;
f) processed in a manner that ensures appropriate security of personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organizational measures;
2. The Seller applies appropriate technical and organizational measures to ensure a level of security for personal data appropriate to the risk of violation of the rights or freedoms of individuals;
3. The Seller ensures access to personal data and the exercise of other rights by Customers and other individuals whose data are processed, in accordance with applicable laws in this regard.
The basis for processing personal data is the consent of Customers or the existence of another legal basis for processing personal data according to the Regulation.
4. The Seller guarantees the exercise of the rights of individuals whose personal data are processed in accordance with the relevant provisions, including the following rights:
a) the right to withdraw consent to the processing of personal data;
b) the right to information concerning their personal data;
c) the right to control the processing of data, including supplementation, updating, rectifying, and deleting;
d) the right to object to the processing or to request restriction of processing;
e) the right to lodge a complaint with a supervisory authority and to use other legal remedies to protect their rights.
5. A person having access to personal data processes them solely on the basis of authorization from the Seller or a data processing agreement and only at the Seller's direction.
6. The Seller ensures that personal data are not made available to entities other than those authorized under relevant laws, unless required by European Union law or Polish law.

CHAPTER 4. ADDITIONAL INFORMATION

§ 1 Account.

Registration of an Account on the Store's website is free of charge and requires the following actions: The Customer should complete the registration form providing specified data and making declarations regarding the acceptance of the Regulations, processing of personal data, and the transmission of commercial information. A link enabling Account verification will be sent to the email address provided by the Customer during the Account registration process. Logging into the Account involves providing the login and password established by the Customer. The password is confidential and should not be shared with anyone.

The Account allows the Customer to enter or modify data, place or check Orders, and view the history of Orders.

The Electronic Service Account is provided free of charge for an indefinite period.

The Customer may at any time resign from the Account in the Store by sending a relevant request to the Seller electronically to the email address: biuro@industone.pl or in writing to the Seller's address: 81-061 Gdynia, 22 Hutnicza St.

§ 2. Newsletter

The Newsletter Service aims to deliver the ordered information to the Customer.

Using the Newsletter does not require the Customer to register an Account but requires providing an email address and making declarations regarding the acceptance of the Regulations, processing of personal data, and the transmission of commercial information.

A confirmation link for subscribing to the Newsletter will be sent to the Customer's email address.

The Electronic Service Newsletter is provided free of charge for an indefinite period.

The Customer may resign from the Newsletter at any time by sending a relevant request to the Seller electronically to the email address: biuro@industone.pl or in writing to the Seller's address: Industone, 81-061 Gdynia, 22 Hutnicza St.

§ 3. Reviews

The Seller enables Customers to post individual and subjective statements (reviews, comments) on the Store's website, particularly regarding Goods.

The service is provided free of charge for an indefinite period.

Using the service is possible anonymously.

The Seller may use the reviews for the content posted on the Service.

CHAPTER 5. SALE

§ 1. Goods

All Products offered in the Store are new and free from defects.

A detailed description of the Goods can be found on the Store's website.

Goods may come with a warranty or after-sales services. Detailed information in this regard is included with the description of the Goods.

§ 2. Orders and Their Fulfillment

An Order may be placed by filling out the Form available in the Store.

Orders can be placed after prior registration of an Account in the Store or without registering an Account in the Store (guest purchases).

The Customer is obliged to carefully fill out the Form, providing all data in accordance with the actual state and specifying the chosen method of payment and delivery.

The Customer provides data in the Form and makes declarations regarding the acceptance of the Regulations, processing of personal data, and transmission of commercial information.

Orders in the Store can be placed 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays, or public holidays will be processed the next business day.

The Customer confirms the placement of the Order by selecting the button (field) marked "I confirm the order and pay." The Seller will send the Customer a confirmation of the Order to the email address provided by the Customer.

The order fulfillment time (i.e., the day of shipment of the Goods) is up to 3 business days.

§ 3. Payments

All prices of Goods listed in the Store are gross prices in Polish zlotys (prices include VAT). The price of the Goods does not include the costs mentioned in point 2 below. The price of the Goods stated at the time of placing the Order by the Customer is binding for both parties.

The costs associated with the delivery of the Goods (e.g., transport, delivery, postal services) and any other costs shall be borne by the Customer. The amount of these costs may depend on the Customer's choice of the method of delivery of the Goods. Information about the amount of these costs is provided at the stage of placing the Order.

The Customer can choose the form of payment:

  1. traditional transfer - payment before shipping the Goods (prepayment). After placing the Order, the Customer should pay the amount to the Store's bank account. The Order will be fulfilled after the Customer's payment is credited to the Store's bank account;
  2. payment via the PayU, PayPal payment system - payment before shipping the Goods (prepayment). After placing the Order, the Customer should make the payment through the PayU, PayPal system. The Order will be fulfilled after the Customer's payment is credited in the PayU, PayPal payment system;
  3. payment upon personal collection of the Goods (cash or card payment) – the Customer pays the amount directly upon personal collection of the Goods at the Seller's stationary store. The Order is fulfilled after the Order is accepted.
  4. payment upon delivery of the Goods (cash on delivery) - the Customer pays the amount directly upon receiving the Goods from the courier. The Order is fulfilled after the Order is accepted. The Store issues a proof of purchase for each sold Product and delivers it to the Customer, if the provisions of applicable law require delivery.The Customer is obliged to pay within 3 days from the date of concluding the sales agreement. If the Customer does not make the payment within this period, then - according to Article 491 § 1 of the Civil Code (Journal of Laws 2017.459 as amended) - the Seller will set an additional payment deadline for the Customer, after which, if it is ineffective, will be entitled to withdraw from the agreement. If the Customer declares that they will not fulfill the obligation, the Seller may withdraw from the agreement without setting an additional deadline, even before the designated deadline for fulfilling the obligation.

§ 4. Delivery

The product is shipped to the address indicated by the Customer in the Form, unless the Parties agree otherwise.

The product is delivered by a courier company or through a postal operator at the Customer's choice. A package sent via the postal operator should be delivered within 4 business days from the date of shipment of the Goods, while through a courier company - within 2 business days from the date of shipment of the Goods.

The Customer may collect the Goods in person at the address 81-061 Gdynia, 22 Hutnicza St.

Along with the Goods, the Seller provides the Customer with all elements of its equipment and operation, maintenance instructions, and other documents required by applicable laws.

The Seller indicates that:

- Upon delivery of the Goods to the Customer or the carrier, the benefits and burdens associated with the Goods and the risk of accidental loss or damage to the Goods pass to the Customer. In the case of sales to the Consumer, the risk of accidental loss or damage to the Goods passes to the Consumer when the Goods are delivered to the Consumer. The handover of the Goods is considered to be the entrustment of the Goods to the carrier by the Seller if the Seller did not have an influence on the choice of the carrier by the Consumer.

- Acceptance of the shipment with the Goods by the Customer without reservations results in the expiration of claims for loss or damage in transport, unless:

- the damage was documented before the acceptance of the shipment;

- such documentation was omitted due to the fault of the carrier;

- the loss or damage resulted from the intentional fault or gross negligence of the carrier;

- the damage that could not be noticed from the outside was reported by the authorized party after receiving the shipment and within 7 days requested to assess its condition and proved that the damage occurred during the time between the acceptance of the shipment for transport and its delivery.

§ 5. Additional Information for the Consumer

The agreement is not concluded for an indefinite period and will not be subject to automatic renewal.

The minimum duration of the Consumer's obligations arising from the Agreement is the time of performance of the Agreement, i.e., making the payment and receiving the Goods.

Using the Store by the Consumer does not involve the obligation to pay a deposit or provide other financial guarantees.

The Seller is not obliged to and does not apply the code of good practices referred to in Article 2 point 5 of the Act of August 23, 2007 on counteracting unfair market practices (Journal of Laws 2016.3 as amended).

CHAPTER 6. LIABILITY

Liability under warranty is excluded in legal relations with Customers.

The Seller is liable to the Consumer if the Goods have a physical or legal defect (warranty) under the rules specified in the provisions of the Civil Code (Journal of Laws 2017.459 as amended) and in the Act of May 30, 2014 on consumer rights (Journal of Laws 2017.683 as amended), including the following rules:

- A physical defect consists in the non-conformity of the Goods with the agreement. In particular, the Goods are non-conforming with the agreement if:

  1. The Goods do not have the properties that such goods should have due to the purpose specified in the agreement or arising from circumstances or destination;
  2. The Goods do not have the properties of which the Seller assured the Consumer;
  3. The Goods are not suitable for the purpose for which the Consumer informed the Seller when concluding the agreement, and the Seller did not raise any objections to such intended use;
  4. The Goods were delivered to the Consumer in an incomplete state.
  5. The Goods have a legal defect if the Goods are owned by a third party or if they are encumbered with the right of a third party, and also if the limitation on using or disposing of the Goods arises from a decision or order of a competent authority; in the case of the sale of rights, the Seller is also liable for the existence of the rights;
  6. The Seller is liable under warranty for physical defects that existed at the moment the risk passed to the Consumer or arose from a cause present in the Goods at that same moment.
  7. The Seller is exempt from liability under warranty if the Consumer was aware of the defect at the time of concluding the agreement;

- If a physical defect is found before the expiry of one year from the date of delivery of the Goods, it is presumed that the defect or its cause existed at the moment the risk passed to the Consumer;

The Seller is liable under warranty if the physical defect is found within two years from the date of delivery of the Goods to the Consumer, and if the Goods purchased by the Consumer are used movable items, the Seller is liable under warranty if the physical defect is found within one year from the date of delivery of the Goods;

The Consumer's rights under warranty are:

a) to demand a reduction in the price of the Goods or to withdraw from the agreement unless the Seller immediately and without excessive inconvenience to the Consumer replaces the defective item with a defect-free one or fixes the defect;

b) The Consumer may, instead of the remedy proposed by the Seller, demand the replacement of the Goods with a defect-free one or, instead of the replacement of the item, demand the removal of the defect unless bringing the item into conformity with the agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. In assessing the excessive costs, the value of the defect-free item, the nature and significance of the defect found, and the inconveniences that the Consumer would be subjected to by the other method of satisfaction are taken into account;

c) The Consumer exercising their rights under warranty is obliged to deliver the defective item to the place specified in the agreement, and if such a place is not specified in the agreement - to the place where the item was handed over to them.

CHAPTER 7. COMPLAINTS PROCEDURE

Complaints should be directed by the Customer to the Seller in writing to the address: 81-061 Gdynia, 22 Hutnicza St. The Customer may use the complaint template available in the Store, but this is not a condition for the complaint to be considered.

In the event that the shipment with the Goods is damaged, has suffered a loss, or has been damaged, the Customer should immediately (no later than within 7 days from the date of receipt of the shipment) submit a complaint to the Seller. Such action will enable the recovery of claims from the carrier. This is not a condition for the complaint to be considered.

The complaint should include a detailed description of the problem and the Customer's request, possibly also photographic documentation.

The Seller undertakes to consider the complaint within 30 days. If the Seller does not respond to the Consumer's complaint within 14 days, it is considered that the complaint has been accepted.

If the complaint is accepted, the Seller will take appropriate actions.

There is a possibility to use out-of-court methods for handling complaints and pursuing claims in legal relations with Consumers, including:

1. the possibility of resolving disputes electronically through the ODR platform (online dispute resolution), available at http://ec.europa.eu/consumers/odr/;

2. the possibility of conducting amicable proceedings before a common court or an arbitration court or other bodies;

3. the possibility of conducting mediation proceedings with the participation of an independent mediator.

CHAPTER 8. WITHDRAWAL FROM THE AGREEMENT

Withdrawal from the Agreement by the Seller or the Customer may occur under the rules specified in the provisions of the Civil Code (Journal of Laws 2017.459 as amended).

The Consumer has the right to withdraw from the Agreement within 14 days from the date of receipt of the Goods.

Information about the withdrawal from the Agreement by the Consumer is included in the instruction on the right of withdrawal, available on the Store's website.

The right of withdrawal from the Agreement does not apply to the Consumer in relation to certain agreements, i.e.:

- for the provision of services if the Seller has fully performed the service with the express consent of the Consumer, who has been informed before the performance begins that after the Seller has fulfilled the service, they will lose the right to withdraw from the Agreement;

- in which the price or remuneration depends on fluctuations in the financial market, which are beyond the Seller's control and may occur before the withdrawal period expires;

- for which the Goods are non-prefabricated items made according to the Consumer's specifications or serving to meet their individual needs;

- in which the Goods are perishable or have a short shelf-life;

- in which the Goods are delivered in sealed packaging, which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;

- in which the Goods are items that, due to their nature, are inseparably mixed with other items after delivery;

- in which the Goods are alcoholic beverages, the price of which was agreed upon when the Agreement was concluded, and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market, which the Seller does not control;

- in which the Consumer expressly requested the Seller to come to them for the purpose of carrying out urgent repairs or maintenance; if the Seller additionally provides other services than those requested by the Consumer, or delivers items other than spare parts necessary for carrying out the repairs or maintenance, the right to withdraw from the Agreement applies to the additional services or items;

- in which the Goods are sound recordings or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;

- for the delivery of newspapers, periodicals, or magazines, except for subscription agreements;

- concluded through a public auction;

- for the provision of accommodation services, other than for residential purposes, transport of goods, rental of cars, catering services, services related to leisure, entertainment events, sports or cultural events, if the agreement specifies the day or period of service provision;

- for the delivery of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the withdrawal period expires and after the Seller has informed them about the loss of the right to withdraw from the agreement.

The Seller shall promptly, but no later than 14 days from the day of receiving the Consumer's withdrawal statement, refund all payments received from the Consumer, including the costs of delivering the Goods. The Seller will make the refund using the same payment methods used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for them.

If the Consumer chose a method of delivery other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.

The Consumer is obliged to return the Goods along with all elements of equipment, including packaging, if it constitutes an essential element of the Goods. The Seller may withhold the refund until the Goods are received or until the Seller receives proof of their return, depending on which event occurs first.

The Consumer bears only the direct costs of returning the Goods unless the Seller agreed to bear them or did not inform the Consumer about the need to incur these costs.

The Consumer is responsible for any reduction in the value of the Goods resulting from using them in a manner that exceeds what is necessary to ascertain the nature, characteristics, and functioning of the Goods.

In the case of effective withdrawal from the Agreement, the Agreement is considered not to have been concluded.

CHAPTER 9. INTELLECTUAL PROPERTY

The rights to the Service and the content contained therein belong to the Seller.

The address of the website where the Store is available, as well as the content of the website http://industone.pl, are subject to copyright and are protected by copyright and intellectual property law.

All logos, trade names, graphic designs, films, texts, forms, scripts, source codes, passwords, trademarks, service marks, etc. are reserved trademarks and belong to the Seller, the manufacturer, or the distributor of the Goods. Downloading, copying, modifying, reproducing, transmitting, or distributing any content from the website http://industone.pl without the owner's consent is prohibited.

CHAPTER 10. FINAL PROVISIONS

In matters not regulated by the Regulations in legal relations with Customers or Consumers, the relevant provisions of generally applicable law shall apply.

Any deviations from the Regulations require a written form under the pain of nullity.

The competent court for resolving disputes between the Seller and the Customer will be the court competent according to the Seller's registered office. The appropriate court for resolving disputes between the Seller and the Consumer will be the court competent according to general principles (the court of the Consumer's place of residence) or another more convenient for the Consumer (according to Articles 31-37 of the Code of Civil Procedure).

INSTRUCTION ON THE RIGHT TO WITHDRAW FROM THE AGREEMENT

applies to Consumers

You have the right to withdraw from the agreement within 14 days without providing any reason. To exercise the right to withdraw from the agreement, you must inform the Seller of your decision to withdraw from this agreement by way of a clear statement (for example, a letter sent by post or email).

The withdrawal period expires after 14 days from the day you take possession of the item or the day a third party, other than the carrier and indicated by you, takes possession of the item. To keep the withdrawal period, it is sufficient for you to send information regarding the exercise of your right to withdraw from the agreement before the withdrawal period expires.

Consequences of withdrawing from the agreement: in the event of withdrawal from the agreement, we will refund all payments received from you, including the costs of delivering the item (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery method offered by us), promptly, and in any case no later than 14 days from the day we have been informed of your decision to exercise the right to withdraw from this agreement. We will make the refund using the same payment methods you used in the original transaction, unless you have expressly agreed to a different solution; in any case, you will not incur any costs in connection with this refund. We may withhold the refund until we receive the item or until we receive proof of its return, depending on which event occurs first.

Please return or send the goods back to us promptly, and in any case no later than 14 days from the day you informed us of your withdrawal from this agreement. The deadline is met if you return the item before the 14-day period expires.

You will have to bear the direct costs of returning the goods.

We indicate that you are responsible for any reduction in the value of the item resulting from using it in a manner other than that which was necessary to ascertain the nature, characteristics, and functioning of the item.

The personal data you provided will be processed by the Seller for the purposes related to the execution of your withdrawal from the agreement and fulfilling related requests in accordance with the relevant legal provisions. You have the right to request from the data administrator access to your data, their rectification, deletion, or restriction of processing, or to object to processing, as well as the right to lodge a complaint with a supervisory authority.

Downloadable files:

  1. WITHDRAWAL FORM TEMPLATE
  2. COMPLAINT FORM TEMPLATE