REGULATIONS

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§ 1 Preliminary provisions

The Am Perfect online store, available at www.woodpecker-dte.com , is run by Am Perfect sp. z o. o. based in Rzeszów, entered into the National Court Register by the District Court in Rzeszów, 12th Commercial Division of the National Court Register under KRS number 0000765284, with a share capital of PLN 20,000, NIP 8133800011, REGON 382222180

§ 2 Definitions

Consumer – a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to his or her business or professional activity.
Seller – Am Perfect sp. z o. o. based in Rzeszów at ul. Chodkiewicza 7/332, postal code 35-045, entered into the National Court Register by the District Court in Rzeszów, 12th Commercial Division of the National Court Register under KRS number 0000765284, with a share capital of PLN 20,000, NIP 8133800011, REGON 382222180
Customer – any entity making purchases via the Store.
Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity under a separate act, conducting business activities on its own behalf, and using the Store.
Store – online store run by the Seller at the Internet address www.woodpecker-dte.com
Distance contract – a contract concluded with the Customer as part of an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
Regulations – these regulations of the Store.
Order – the Customer’s declaration of will submitted using the Order Form and aimed directly at concluding a Sales Agreement for the Product or Products with the Seller.
Account – the customer’s account in the Store, which collects data provided by the Customer and information about Orders placed by him in the Store.
Order form – an interactive form available in the Store enabling placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Cart – an element of the Store’s software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
Product – a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
Sales Agreement – a Product sales agreement concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means – depending on the features of the Product – a contract for the provision of services and a contract for specific work.

§ 3 Contact with the Store

Seller’s address: Chodkiewicza 7/332, 35-045 Rzeszów
Seller’s email address: [email protected]
Seller’s telephone number: +48793116868
Seller’s bank account number 25105015621000009031777965
The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
The Customer can communicate with the Seller by phone between 9:00 a.m. and 5:00 p.m., Monday to Friday.

§ 4 Technical requirements To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:

end device with access to the Internet and a web browser
active e-mail account,
cookie support enabled,
FlashPlayer installed.

§ 5 General information

To the fullest extent permitted by law, the Seller is not liable for any disruptions, including interruptions in the operation of the Store caused by force majeure, unauthorized action of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
Browsing the Store’s assortment does not require creating an Account. The Customer may place orders for Products included in the Store’s assortment either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.
The prices given in the Store are given in Polish zloty and are gross prices (including VAT).
The final (final) amount to be paid by the Customer consists of the price for the Product and the delivery cost (including fees for transport, delivery and postal services), about which the Customer is informed on the Store’s website when placing the Order, including when expressing will to be bound by the Sales Agreement.
In the case of an Agreement covering subscription or provision of services for an indefinite period, the final price is the total price including all payments for the settlement period.
When the nature of the subject matter of the Agreement does not allow, reasonably to be assessed, the amount of the final (final) price to be calculated in advance, information on the method in which the price will be calculated, as well as on fees for transport, delivery, postal services and other costs, will be provided in the Store. in the Product description.

§ 6 Creating an Account in the Store

To create an Account in the Store, click on the link sent in the e-mail, providing a new password (the option to create an account is available after the first order in the Store).
Creating an Account in the Store is free.
Logging in to the Account is done by entering your login and password
The Customer may delete the Account at any time, without giving a reason and without incurring any fees, by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

§ 7 Rules for placing an Order In order to place an Order, you must:

log in to the Store (optional);
select the Product that is the subject of the Order and then click the “Add to cart” button;
log in or use the option to place an Order without registration;
if you have chosen the option of placing an Order without registration – complete the Order Form by entering the details of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of Product delivery),
click the “Continue processing” button to confirm the order,
select one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8 point 3.
By clicking on the link sent in the e-mail, you can register in the store by entering a new password.

§ 8 Delivery and payment methods offered

The Customer may use the following methods of delivery or collection of the ordered Product:

Priority registered letter (Poczta Polska) – in the case of small shipments, e.g. scaler tip,
courier delivery,
Personal collection available at: Chodkiewicza 7/332

The customer can use the following payment methods:

Payment on delivery (cash)
Payment by transfer to the Seller’s account (if choosing payment by bank transfer, please contact us by e-mail or telephone before ordering on the website)
Electronic payments (Transfers 24)
Payment by payment card.

3. Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website. § 9 Performance of the sales contract

The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declarations about the receipt of the Order and its acceptance for execution as well as confirmation of the conclusion of the Sales Agreement. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
If the Customer chooses:

payment by transfer, electronic payment or payment by payment card, the Customer is obliged to make the payment within 2 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be canceled.
cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
payment in cash upon personal delivery.

If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer when placing the Order.
The beginning of the delivery period of the Product to the Customer is counted as follows:

If the Customer chooses the payment method by transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
If the Customer chooses the cash on delivery method – from the date of conclusion of the Sales Agreement,

If the Customer chooses personal collection of the Product, the Customer will be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer’s e-mail address provided when placing the Order.
Product delivery takes place only within Poland and the European Union.
Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store’s website in the “Delivery and payment” tab and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
Personal collection of the Product by the Customer is free of charge.

§ 10 Right to withdraw from the contract

The consumer may withdraw from the Sales Agreement without giving any reason within 14 days.
The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the deadline
The declaration may be sent by traditional mail or electronically by sending the declaration to the Seller’s e-mail address – the Seller’s contact details are specified in § 3.
If the Consumer sends the declaration electronically, the Seller will immediately send the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement to the e-mail address provided by the Consumer.
Effects of withdrawal from the Agreement:

In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Agreement, all payments made by him, with the exception of additional costs resulting from the method of delivery chosen by the Consumer,
The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for him.
The Seller may withhold the refund until he receives the Product back,
The Consumer should return the Product to the Seller’s address provided in these Regulations immediately, no later than 14 days from the date on which he informed the Seller about withdrawal from the Agreement. The deadline will be met if the Consumer returns the Product before the 14-day period expires.
The consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by regular mail.
The product should be shipped in its original packaging.

6. The Consumer is not entitled to withdraw from a distance contract in relation to the Contract:

in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to meet his individual needs,
in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
in which the subject of the service is an item that deteriorates quickly or has a short shelf life,
for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has completed the service, he will lose the right to withdraw from the Agreement,
in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Agreement,
in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items,
in which the subject of the service are alcoholic beverages, the price of which was agreed upon when concluding the sales contract, and whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control,
in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,
for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts,
for the delivery of digital content that is not saved on a tangible medium, if the performance of the service began with the Consumer’s express consent before the deadline for withdrawal from the contract expires and after the Seller informs him about the loss of the right to withdraw from the contract,

§ 11 Complaint and warranty

The Sales Agreement covers new Products.
The Seller is obliged to provide the Customer with an item free from defects.
In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint.
Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Regulations.
It is recommended that the complaint include, among others: a concise description of the defect, the circumstances (including the date) of its occurrence, details of the Customer filing the complaint, and the Customer’s request in connection with the defect of the goods.
The Seller will respond to the complaint immediately, no later than within 14 days, and if it does not do so within this period, it is considered that the Customer’s request is justified.
Goods returned under the complaint procedure should be sent to the address provided in § 3 of these Regulations.

8. If a warranty has been granted for the Product, the seller will attach a warranty card to the Product sold.
§ 12 Extrajudicial methods of dealing with complaints and pursuing claims

Detailed information on the possibility for the Consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, and Provincial Inspectorates of Inspections. Handlowa and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_zdrowie.php and http://www.uokik.gov.pl/wazne_adresy.php .
The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims:

The consumer is entitled to apply to a permanent consumer arbitration court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
The consumer is entitled to contact the voivodeship inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).

§ 13 Personal data in the Online Store and Privacy Policy

The Seller undertakes to protect the Buyer’s personal data in a way that prevents access by third parties, in accordance with the GDPR Act on the Protection of Personal Data of May 10, 2018 and the Act on the provision of electronic services of July 18, 2002.
By providing the Seller’s personal data when placing an Order, the Buyer consents to their processing by the Seller in order to complete the order.
The administrator of Customers’ personal data collected via the Online Store is the Seller.
Customers’ personal data collected by the administrator via the Online Store are collected for the purpose of implementing the Sales Agreement, and if the Customer consents – also for marketing purposes.
The recipients of personal data of Online Store Customers may be:

In the case of a Customer who uses the postal or courier delivery method in the Online Store, the Administrator makes the Customer’s collected personal data available to the selected carrier or intermediary carrying out the shipment at the request of the Administrator.
In the case of a Customer who uses electronic or payment card payment in the Online Store, the Administrator provides the Customer’s collected personal data to the selected entity handling the above payments in the Online Store.

4. The customer has the right to access and correct his data. 5. Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this agreement. § 14 Final provisions 1. Agreements concluded via the Online Store are concluded in Polish. 2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e. changes in legal provisions, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance. 3. In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.