- General Provisions
- These Terms and Conditions define the general terms, the manner of providing services by electronic means and sales conducted through the Online Shop salabaletowa.pl. The Shop is operated by Piotr Patok, conducting business activity under the business name DANCE THEATRE TECHNOLOGY PIOTR PATOK, entered into the Register of Entrepreneurs of the Central Register and Information on Economic Activity kept by the Minister of Development, at ul. Marynarki Polskiej 100, 80-557 Gdańsk, NIP: 5841932555, REGON [business ID number]: 191419819., hereinafter referred to as the Seller.
- Contact with the Seller is made via:
- e-mail address: biuro@salabaletowa.pl,
- phone number: +48 512 140 027,
- notification form available at: https://salabaletowa.pl/contact-us.
- These Terms and Conditions are continuously available on the salabaletowa.pl website in such a way that it can be obtained, reproduced and recorded by printing or recording on a medium at any time.
- The Seller informs that the use of services provided by electronic means may pose a threat to any Internet user, consisting in the possibility of introducing harmful software into the ICT system of the Client and obtaining and modifying its data by unauthorized persons. In order to avoid the risk of the above mentioned risks, the Client should apply appropriate technical measures to minimize their occurrence, in particular antivirus and firewall programs.
- Definitions
The terms used herein shall mean:
- Working Days – days from Monday to Friday, excluding public holidays;
- Client – a natural person who has full capacity to perform acts in law, a natural person conducting business activity, a body corporate or an organizational unit having no legal personality but having legal capacity due to specific provisions, who places an Order at the Online Shop or uses other Services available in the Online Shop;
- Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
- Account – a part of the Online Shop granted to a given Client by means of which the Client may perform specific activities within the Online Shop;
- Consumer – a Client being a consumer within the meaning of Article 22[1] of the Civil Code;
- Entrepreneur – a Client being an entrepreneur within the meaning of Article 43[1] of the Civil Code;
- Terms and Conditions – this document;
- Goods – a product presented in the Online Shop, the description of which is available at each of the presented products;
- Contract of Sale – a Contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Client;
- Services – services provided by the Seller to the Clients by electronic means within the meaning of the provisions of the Act of 18 July 2002 on the Providing Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended);
- Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, No. 827);
- Act on Providing Services by Electronic Means – the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
- Order – a statement of the Client’s will, directly aimed at the conclusion of the Contract of Sales, specifying in particular the type and quantity of the Goods.
- Rules of Using the Online Shop
- The use of the Online Shop is possible provided that the ICT system used by the Client meets the following minimum technical requirements:
- computer or mobile device with Internet access,
- e-mail access,
- Internet Explorer version of 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1. or later,
- enabling Cookies and JavaScript in the web browser.
- The use of the Online Shop shall mean any act of the Client, which results in the Client being familiar with the content of the Shop.
- In particular, the Client is obliged:
- not to provide or disclose content prohibited by law, e.g. content promoting violence, defamatory or violating personal interests and other rights of third parties,
- to use the Online Shop in a manner that does not disturb its functioning, in particular by using an appropriate software or devices,
- to refrain from taking measures such as sending or placing unsolicited commercial information (spam) within the Online Shop,
- to use the Online Shop in a manner that is not burdensome for other Clients and for the Seller,
- to use any content posted as part of the Online Shop only for their own personal use,
- to use the Online Shop in a manner consistent with the provisions of the applicable law in the Republic of Poland, the provisions of the Terms and Conditions and the general principles of using the Internet.
- The use of the Online Shop is possible provided that the ICT system used by the Client meets the following minimum technical requirements:
- Services
- The Seller makes it possible to use free services via the Online Shop which are provided by the Seller 24 hours a day, 7 days a week.
- The Service for maintaining the Account in the Online Shop is available after registration. Registration takes place by filling and accepting the registration form available on one of the websites of the Online Shop. The Contract for the provision of the service of maintaining an Account in the Online Shop is concluded for an indefinite period of time and is terminated upon the Client sending a request to remove the Account or use the “Delete Account” button.
- The Client shall be able to send the message via the contact form to the Seller. The Contract for the provision of the service of providing an interactive form enabling the Clients to contact the Seller shall be concluded for a definite period of time and shall be terminated upon the Seller's reply.
- The Seller shall have the right to organize occasional competitions and promotions, the terms of which shall be each time indicated on the Shop’s websites. Promotions in the Online Shop shall not be connected, unless the Terms and Conditions of a given promotion state otherwise.
- In the event of a breach of the provisions of these Terms and Conditions by the Client, the Seller may terminate the Contract for the provision of the service with a 14-day notice if the Client fails to address the request for cessation or removal of the breaches within a reasonable time limit.
- Procedure for the Conclusion of the Contract of Sale
- Information on the Goods indicated on the Shop’s websites, in particular their descriptions, technical and utility parameters and prices, constitute an invitation to conclude the Contract within the meaning of Article 71 of the Civil Code.
- All Goods available in the Online Shop are brand new, free from physical and legal defects and have been legally placed on the Polish market.
- The Order shall be placed on the condition that an active e-mail account is held.
- In the case of placing an Order via the Order form available on the website of the Online Shop, the Order shall be placed to the Seller by the Client in an electronic form and constitutes an offer to conclude the Contract of Sale for the Goods which are the subject of the Order. An offer submitted in an electronic form shall bind the Client if, at the e-mail address provided by the Client, the Seller sends a confirmation of acceptance for the execution of the Order, which constitutes the Seller's declaration on the acceptance of the Client's offer and upon its receipt by the Client, the Contract of Sale is concluded.
- Placing the Order in the Online Shop by telephone or by sending an electronic message takes place during the Working Days and the hours indicated on the website of the Online Shop. To this end, the Client should:
- provide the name of the Goods from the Goods on the website of the Shop and its quantity in the electronic message sent to the Seller,
- specify the method of delivery and the form of payment from among the delivery and payment methods listed on the website of the Shop,
- provide the data necessary for the execution of the Order, in particular: first and last name, place of residence and e-mail address.
- Information on the total value of the Order shall each time be given by the Seller orally after completion of the whole Order or by informing the Client via e-mail, along with information that the conclusion by the Client of the Contract of Sales entails the obligation to pay for the ordered Goods, with that moment the Contract of Sale is concluded.
- In the case of the Client who is a Consumer, the Seller shall, each time after placing the Order by telephone or e-mail, send to the Client a confirmation of the terms and conditions of the placed Order, which shall include information concerning:
- the description of the subject of the Contract,
- unit and total price of products or services ordered, including taxes, including delivery costs and additional costs (if any),
- the manner of contact with the Seller and their registration data,
- the method and payment date chosen,
- the selected method of delivery,
- delivery time,
- contact details of the Client,
- Terms and Conditions,
- that the conclusion of the Contract entails the obligation to pay for the placed Order,
- instruction on the right to withdraw from the Contract together with its template.
- The Contract shall be concluded at the moment of sending by the Client, being the Consumer (in response to the confirmation of the terms and conditions of the Order sent by the Seller) the electronic message to the e-mail address of the Seller, in which the Client: accepts the content of the sent Order and agrees to its execution, and accepts the content of the Terms and Conditions and confirms that the Client have read the instruction of withdrawal from the Contract.
- After the conclusion of the Contract of Sale, the Seller confirms its terms and conditions to the Client by sending them to the Client's e-mail address or in writing to the address provided by the Client.
- The Contract of Sale shall be concluded in the Polish language, reading as specified in the Terms and Conditions.
- Delivery
- The delivery of the Goods shall be limited to all countries of the European Union and shall be made to the address indicated by the Client in the course of placing the Order.
- The Client may choose the following forms of delivery of the ordered Goods:
- via courier company,
- collection in person at the Seller’s collection point.
- The Seller shall inform the Client of the number of Working Days needed to fulfill the Order and its delivery on the Shop’s websites in the description of the Goods, as well as the amount of fees for the delivery of the Goods.
- The date of delivery and fulfillment of the Order is calculated on Working Days in accordance with point VII sub-point 2.
- The Seller shall, in accordance with the Client's wishes, supply together with the Goods the receipt or a VAT invoice covering the Goods supplied.
- If a different delivery period is foreseen for the goods covered by the Order, the longest period is applicable for the whole Order.
- Prices and Payment Methods
- Prices of the Goods are given in Polish zloty [PLN] and include all components, including VAT, customs duties and other charges.
- The Client may choose the following payment methods:
- bank transfer to the Seller's bank account (in this case the execution of the Order shall be commenced after the Client has been sent the Order confirmation by the Seller, and the shipment shall be made immediately after the funds have been credited to the Seller's bank account and completion of the Order);
- electronic payment (in this case the execution of the Order shall be commenced after sending the Order confirmation by the Seller and after the Seller has received information from the billing agent system on payment made by the Client, and the shipment shall be made immediately after completion of the Order).
- The Seller shall inform the Client, on the websites of the Shop, of the date on which the Client is obliged to pay for the Order. In the event of a lack of payment by the Client within the deadline referred to in the previous sentence, the Seller may withdraw from the Contract on the basis of Article 491 of the Civil Code after an ineffective request for payment with the appointment of the relevant deadline.
- Right to Withdraw from the Contract
- The Client who is a Consumer may withdraw from the Contract without stating the reason by submitting an appropriate statement within 14 days. To comply with this deadline, it is sufficient to send a statement before its expiry.
- The Client may formulate a statement on their own or make use of the template of the statement of withdrawal from the Contract, which constitutes Appendix no. 1 to the Terms and Conditions.
- The 14-day period shall be counted from the date on which the Goods were delivered or in the case of the Contract for services from the date of its conclusion.
- Upon receiving a statement of withdrawal from the Contract by the Client, the Seller shall send to the Client's e-mail address a confirmation of receipt of the statement of withdrawal from the Contract.
- The Client's right to withdraw from the Contract is excluded in the case of:
- the provision of services, if the Seller has performed a full service with the express consent of the Client who was informed prior to the commencement of the service, that after the performance of the service by the Seller, the Seller loses the right to withdraw from the Contract;
- the Contract in which the price or remuneration depends on fluctuations in the financial market over which the Seller does not exercise control and which may occur before the expiry of the deadline for withdrawal from the Contract;
- the Contract subject matter of which are the non-prefabricated Goods manufactured according to the Client's specification or intended to satisfy their individual needs;
- the Contract subject matter of which are perishable Goods or Goods having a short shelf life;
- the Contract subject matter of which are the Goods delivered in a sealed package which, after opening the packaging, cannot be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery;
- the Contract subject matter of which are the Products which, after delivery, due to their nature, become inextricably linked to other items;
- the Contract subject matter of which are alcoholic beverages, whose price has been agreed upon conclusion of the Contract of Sale and whose delivery may take place only after 30 days, and whose value depends on fluctuations in the market over which the Seller does not exercise control;
- the Contract in which the Consumer expressly requested that the Seller arrive for urgent repair or maintenance; if the Seller additionally provides other services other than those whose performance the Consumer requested, or supplies the Goods other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the Contract is due to the Consumer in respect of additional services or Goods;
- the Contract subject matter of which are audio or visual recordings or computer programs delivered in a sealed package, if the packaging has been opened after delivery; delivery of journals, periodicals or magazines, except for the subscription Contract;
- the Contract concluded by public auction;
- the Contract for the provision of accommodation, other than for residential purposes, carriage of goods, rental of cars, catering, leisure services, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
- the Contract for the provision of digital content which is not recorded on the material carrier if the performance of the service has started with the express consent of the Consumer before the expiry of the deadline for withdrawal from the Contract and after informing the Consumer of the loss of the right of withdrawal from the Contract.
- In the event of withdrawal from the distance Contract, the Contract shall be deemed not to have been concluded. What the parties have provided shall be returned in the unaltered state, unless the change was necessary in order to determine the nature, characteristics and functionalities of the Goods. The return should take place immediately, no later than within 14 days. The purchased Goods shall be returned to the Seller's address.
- The Seller shall immediately, but not later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Contract, return to the Consumer all payments made by the Consumer, including the costs of delivery of the Goods. The Seller shall return the payment using the same payment method as used by the Consumer, unless the Consumer agrees to a different method of return, and this method shall not entail any costs for the Consumer. The Seller may withhold the reimbursement of the payments received from the Client until the moment of receipt of the item back or delivery by the Client of proof of its return, whichever is earlier, unless the Seller has proposed that they will collect the item from the Client himself.
- If the Consumer has chosen the method of delivering the Goods other than the cheapest regular delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Consumer any additional costs incurred by the Consumer.
- The Client shall only bear the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
- Complaints Related to the Goods under the Warranty
- The Seller undertakes to deliver the Goods without defects.
- The Seller shall be liable to the Client who is a Consumer under the statutory warranty for defects on the terms set out in Articles 556 to 576 of the Civil Code. In relation to the Clients who are the Entrepreneurs, the warranty is excluded.
- Any complaints resulting from the violation of the Client's rights guaranteed by law or pursuant to these Terms and Conditions shall be addressed to DANCE THEATRE TECHNOLOGY PIOTR PATOK, ul. Marynarki Polskiej 100, 80-557 Gdańsk, to the e-mail address: biuro@podlogibaletowe.pl, phone number +48 663 288 258 or using the contact form.
- In order to deal with the complaint, the Client should send or deliver the faulty Goods, if possible, adding proof of purchase thereto. The Goods shall be delivered or sent to the address specified in point 3.
- The Seller undertakes to deal with any complaint within 14 days.
- In the case of deficiencies in the complaint, the Seller shall request the Client to supplement it to the necessary extent immediately, but not later than within 7 days from the date of receipt of the request by the Client.
- Complaints Related to Providing Services by Electronic Means
- The Client may submit complaints to the Seller in connection with the operation of the Shop and the use of the Services. Complaints may be submitted in writing to the following address: DANCE THEATRE TECHNOLOGY PIOTR PATOK, ul. Marynarki Polskiej 100, 80-557 Gdańsk, to the e-mail address: biuro@podlogibaletowe.pl, phone number +48 663 288 258 or using the contact form.
- In the complaint, the Client should provide their name, last name, address for correspondence, type and description of the problem.
- The Seller undertakes to deal with any complaint within 14 days and, if this is not possible, to inform the Client in this period when the complaint will be dealt with. In the case of deficiencies in the complaint, the Seller shall request the Client to supplement it to the extent necessary within 7 days from the date of receipt of the request by the Client.
- Guarantees
- The Goods may have a guarantee of the manufacturer, the Seller or the importer.
- In the case of the Goods covered by the guarantee, the information concerning the existence and content of the guarantee and the time for which it is granted is each time presented in the description of the Goods on the website of the Shop.
- Extrajudicial Means of Complaint Handling and Pursuing Claims
- The Client who is a Consumer has, among others, the following possibilities to use extrajudicial means of complaint handling and pursuing claims:
- the Client is entitled to go to a permanent court of consumer arbitration operating at the Commercial Inspection for the settlement of the dispute arising from the concluded Contract of Sale;
- the Client it is entitled to request the Regional Inspector of Commercial Inspection to initiate mediation proceedings in the case of an amicable settlement of the dispute between the Client and the Seller;
- the Client may obtain free assistance on the settlement of the dispute between the Client and the Seller, also using the free-of-charge assistance of the district (urban) consumer ombudsman or social organization whose statutory tasks include Consumer protection (e.g. Polish Consumer Federation, Polish Consumer Association). The advice is provided by the Polish Consumer Federation under the free consumer hotline number 800 007 707, and by the Polish Consumer Association at the following e-mail address porady@dlakonsumentow.pl;
- the Client may lodge a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
- The Client who is a Consumer has, among others, the following possibilities to use extrajudicial means of complaint handling and pursuing claims:
- Protection of Personal Data
The personal data provided by the Clients shall be collected and processed by the Seller in accordance with the applicable provisions of law and the Privacy Policy, which constitutes Appendix no. 2 to the Terms and Conditions. - Final Provisions
- All rights to the Online Shop, including proprietary copyrights, intellectual property rights to its name, Internet domain, website of the Online Shop, as well as to forms, logotypes belong to the Seller, and the use of them may take place only in a manner specified and in accordance with the Terms and Conditions.
- The settlement of any disputes arising between the Seller and the Client, who is a Consumer, shall be submitted to the competent courts in accordance with the decisions of the relevant provisions of the Code of Civil Procedure.
- The settlement of any disputes arising between the Seller and the Client, which is the Entrepreneur, shall be submitted to the court having jurisdiction over the Seller’s registered office.
- To all matters not regulated herein, the provisions of the Civil Code, the provisions of the Act on Providing Services by Electronic Means, the provisions of the Consumer Rights Act and other relevant provisions of Polish law shall apply.
- Any amendment to these Terms and Conditions shall be communicated to each Client through information on the homepage of the Online Shop containing a list of changes and the date of their entry into force. Clients who have the Account will be additionally informed about the changes together with their summary to the e-mail address indicated by them. The effective date of the amendments shall not be shorter than 14 days from the date of their announcement. If the Client who has a Client Account does not accept the new content of the Terms and Conditions, the Client is obliged to notify the Seller of this fact within 14 days from the date of informing about the change of the Terms and Conditions. The Seller's notification of the lack of acceptance of the new content of the Terms and Conditions shall result in the termination of the Contract.
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