RULES OF THE INTERNET SHOP
ALKOR-WATCH
- GENERAL PROVISIONS
- The internet Shop Alkor-Watch is available at the website address kupzegarek.com and sklep.alkor-watch.pl and is operated by the company ALKOR Sp. z o.o. ul. Słowiańska 4, 48-300 Nysa, tax identification number NIP 753 20 29 373, entered in the business register by the District Court in Opole, 8th Commercial Department of the Polish Court Register under number KRS 0000006722, statistical number REGON: 531583536.
- Users can contact the seller by:
- Tel.: 077 40 91 600, mobile 0694 446 973;
- FAX: 077 43 34 427;
- e-mail [email protected];
- and by regular mail sent to: ul. Słowiańska 4, 48-300 Nysa, Poland.
- Before you start using the Shop, you are requested to thoroughly read these Rules.
- The User's and the Seller's rights and obligations are set out only in these Rules and are provided for by the law applicable in the territory of the Republic of Poland.
- Using the Shop in any way will be tantamount to the fact that the User has read and accepted the content of these Rules and that he/she expresses unconditional consent to their content.
- The provisions of these Rules guarantee the consumer rights to which you are entitled under mandatory regulations. If the provisions hereof do not comply with the said mandatory regulations, the provisions of those regulations will prevail.
- DEFINITIONS
- Shop – the Internet shop ALKOR-WATCH of the Seller, available at the website address: kupzegarek.com and sklep.alkor-watch.pl;
- Seller - the entity managing and operating the Shop, i.e. the company ALKOR Sp. z o.o., ul. Słowiańska 4, 48-300 Nysa, tax identification number NIP 753 20 29 373, entered in the business register by the District Court in Opole, 8th Commercial Department of the Polish Court Register under number KRS 0000006722, statistical number REGON: 531583536;
- Rules - this document together with any schedules and attachments that constitute its integral part;
- Buyer – a natural or legal person or an unincorporated organisational unit having legal capacity under the law, who takes advantage of the Shop's offer,
- Consumer - a natural person carrying out with the Seller a legal act unrelated directly to his/her business or professional activities;
- Business Entity – a natural or legal person or an unincorporated organisational unit other than a legal person and having legal capacity under the law, who/which performs on his/her/its own behalf business or professional activities, and who/which is carrying out with the Seller a legal act directly related to his/her/its business or professional activities;
- User – anyone who uses the Shop in any manner;
- Registration Form – an online form available in the Shop and enabling the User to create an Account, in which all the required User details should be given, including a login and a password;
- Order Form - an online form available in the Shop and enabling the User to place an order;
- Product - a movable thing available in the Shop, which is a subject of a purchase agreement between the Buyer and the Seller;
- E-mail Box - an electronic mail box having a unique Internet address (e-mail address) of a given person, by way of which the person can send and receive massages and other data as part of the electronic mail service;
- Account - a location in the Seller's ITC system, available to the Buyer after logging in, where the Buyer's details are collected, including information about the Orders placed. Through the Account, the Buyer inputs and manages data, descriptions and other elements, and takes advantage of the Shop's offer;
- Proof of Purchase – a cash register receipt, bill or VAT invoice.
- TECHNICAL REQUIREMENTS
- In order to take advantage of the Shop's website services, a device is needed enabling the use of Internet content, together with an e-mail box and an Internet browser enabling displaying WWW pages (it is recommended to use Internet browsers in the following or newer versions with the enabled handling of "cookies": Internet Explorer 8, Opera 10.00, Google Chrome 10.0, Mozilla 4.0, or newer).
- You can find more information about "cookies” and the principles of protecting their data in our Privacy Policy.
- REGISTRATION
- An Account is registered by way of performing consecutive instructions on the Shop's website.
- By registering an Account, the User represents that:
- he/she has read the Rules and accepted their content in full,
- he/she fulfils the conditions needed to use the Shop and set out in the Rules.
- The User is obliged to keep confidential the Account access password. The User is obliged to exercise utmost care to prevent the loss of his/her access password and to prevent its possession from being taken by third parties (irrespective of the method they use). The User is solely responsible for providing third parties with access to his/her login and password.
- The User can delete his/her account at any time. Deletion of the Account will cause permanent and irreversible deletion of all the User data from the system.
- The Seller may delete the Account or terminate the agreement on providing electronic services if:
- the Seller finds that the User has violated the Rules, in particular he/she is using the Shop in violation of its intended purpose,
- the User did not accept amendments introduced to the Rules by the Seller,
- the User did not log even once in his/her Account for a period of 12 months from the last logging in or suspension of the Account,
- the User does not activate or verify the Account within 30 days,
- within the designated period counted from the Seller blocking the Account or other Shop's functionalities or services, the User did not carry out or did not refrain from carrying out actions indicated by the Seller, which became the reason for blocking the Account.
- The content or information provided by the User to the Shop during registration or edition of the Account may be moderated by the Seller, where such content or information violates these Rules.
- ORDERS
- The Shop carries out commercial activities in the entire territory of Poland.
- Orders can be placed with the Shop by way of:
- an Order Form,
- an e-mail,
- the telephone at the numbers designated for placing orders.
- The Buyer is obliged to provide true and correct data needed to fulfil the order.
- The Shop will confirm acceptance of the order for fulfilment by e-mail or by phone. Moreover, the Shop will inform the User by e-mail when the order is being prepared for collection or is handed over for dispatch.
- The information contained in the Product sheet upon an order being placed are binding on the Buyer and the Seller, in particular: the price, goods characteristics and features, elements comprised within a set, delivery deadline and method.
- Orders accepted for fulfilment can be cancelled at the latest before the goods are dispatched. The order cancellation right is vested only in the Consumer.
- You are hereby informed that an average order fulfilment period from the order being placed to the Product being dispatched to the Buyer is 7 business days.
- The information contained in the Shop does not constitute an offer within the meaning of the Civil Code. The Seller's announcements and advertisements, price lists and other Product information given on the Shop's web pages, in particular Product descriptions, technical and utility parameters and prices, constitute an invitation to enter into an agreement within the meaning of article 71 of the Civil Code of 23 April 1964 (Journal of Laws, no. 16, item 93, as amended).
- A purchase agreement is executed:
- for orders placed through an Order Form available in the Shop - upon the Buyer receiving an e-mail containing a statement on the Seller having accepted the order,
- for orders placed by phone - upon the Shop confirming acceptance of the order,
- for orders placed by e-mail - upon the Buyer receiving the Seller's return e-mail containing a statement on having accepted the order for Products.
- Order fulfilment starts once payment is received or requirements are satisfied with respect to the payment method chosen.
- The Seller is obliged to notify the Buyer about lack of the ordered Product in the warehouse and about the anticipated extension of the order fulfilment time (up to 14 days), without delay, however not later than within 3 days of this fact being ascertained. In such case, the Buyer can consent to prolongation of the order fulfilment period (up to 14 days), or can resign from the ordered Product or from the entire order.
- If an order cannot be fulfilled due to permanent inaccessibility of the Product, the Seller should notify the Buyer of this fact without delay and at the latest within 30 days of an agreement being executed, and should return the entire amount received from the Buyer.
- PAYMENTS
- The prices presented in the Internet Shop are given in gross amounts (i.e. inclusive of VAT).
- A Proof of Purchase is attached by the Seller to each order.
- The Buyer shopping as a Business Entity for the purpose of its business operations represents that it is a VAT remitter and authorises the Seller to issue a Proof of Purchase without the recipient's signature.
- While placing an order, the Buyer chooses the payment method:
- transfer to the Seller's bank account
- transfer by Pay Pal
- If the Buyer chose a payment method being different than cash on delivery, the goods will be dispatched after the entire amount has been credited (together with additional costs) to the Seller's bank account.
- Where the Buyer chose the payment method by transfer or by payment system, the payment receipt deadline will be 1 business day.
- The Buyer will incur the charge for delivering the Product to the indicated address, which charge is specified in delivery conditions and costs.
- Detailed information on the payment methods is available on the Shop's website in the section Payment methods.
- The Seller reserves the right to change prices of the Products presented on the Shop's pages, to publish on the Shop's pages information about new goods, to carry out and cancel promotional actions or bargain sale, and to introduce changes therein. The Seller's right referred to in the preceding sentence does not affect orders placed before the change took place in the price, or in the conditions of the promotional action or bargain sale. The Seller will notify the Buyer of detailed conditions of promotional actions and bargain sale. Promotions cannot be combined, unless the promotion rules provide otherwise.
- DELIVERY
- The Buyer may choose the following methods to collect the Products ordered:
- delivery of the Products by DHL to the address given by the Buyer in the order,
- personal collection.
- The Buyer chooses the delivery collection method while placing the order with the Shop.
- The delivery costs are charged in accordance with the up-to-date price lists and depend on the delivery weight and dimensions. The Buyer is informed of the delivery costs while placing an order.
- The Product delivery costs are incurred by the Buyer, unless explicitly reserved otherwise. The current delivery costs and conditions are available on the Shop's pages in the section Delivery costs and conditions.
- The Buyer undertakes to collect the dispatched Product.
- The Buyer may choose the following methods to collect the Products ordered:
- IMPLIED WARRANTY FOR PHYSICAL AND LEGAL DEFECTS
- The Products offered in the Shop are free from physical and legal defects and are covered by the importer's quality warranty, unless indicated otherwise in the description of the given Product. The quality warranty content and scope are determined in the warranty sheet provided together with the Product.
- The Seller is liable towards the Consumer under implied warranty for physical and legal defects in the Product to the extent provided for in the Civil Code of 23 April 1964 (Journal of Laws of 2014, item 121, as amended),
- The risk of an accidental loss or destruction of the Product is transferred to the Consumer upon the Product being handed over by the Seller or by the carrier acting on its behalf. Where the Consumer personally specified the Product carrier and the Seller had no control over this, the risk is transferred to the Consumer upon the Product being handed over to that carrier.
- After the Product is received, the Consumer is recommended to check the condition of the received parcel in the carrier's presence, in particular to check the same for completeness and damage. If any damage to the Product or other irregularities in the Product are found, it is recommended to draw up a damage report. Failure by the Consumer to draw up a damage report does not preclude or halt examination of a potential compliant, however this may make it more difficult for the Consumer to prove existence of damage at the time of delivery.
- A Product complaint request is made by the Consumer by notifying the Seller of a physical or legal damage having been found in the Product.
- The Consumer uses his/her rights to make a complaint request if he/she fails to notify the Seller of this fact within one year of the defect in Product being found.
- A complaint request can be made by way of filling in an electronic form available in the Shop, sending an e-mail to the address: [email protected], or sending a letter to the following mailing address: ALKOR SP. Z O.O. UL. SŁOWIAŃSKA 4, 48-300 NYSA.
- It is recommended to attach the Proof of Purchase or its copy to the Product being complained about, which will facilitate examination of the complaint. Nevertheless, failure to attach a Proof of Purchase or its copy does not halt the complaint procedure.
- If a Product has a defect, the Consumer may:
- request that the Product be exchanged for defect-free or
- request that the defect be repaired or
- make a statement about a decrease in the price or
- make a statement about rescinding the agreement.
- The Consumer may not make a statement on decreasing the price or rescinding the agreement, if the Seller exchanges the defective Product for one that is defect-free or repairs the defect without delay and without excessive inconvenience for the Consumer. The aforesaid limitation does not apply if the Product was already exchanged or repaired by the Seller or if the Seller did not perform the obligation to exchange the Product for one that is defect-free or the obligation to repair the defect.
- Instead of the defect repair proposed by the Seller, the Consumer may request that the Product be exchanged for one that is defect-free, or instead of an exchange - request that the defect be repaired. The Consumer is not entitled to this right where bringing the Product to compliance with the agreement by way of the method chosen by the Consumer is impossible or would require excessive costs in comparison to the method proposed by the Seller.
- The Consumer may not rescind the agreement, where the Product defect is insignificant.
- The Seller may reject the Consumer request to exchange the Product for one that is defect-free or to repair the defect, if bringing the defective Product to compliance with the agreement by way of the method chosen by the Consumer is impossible or if bringing the same to contractual compliance in comparison to the second possible method would require excessive costs.
- If, in the exercise of his/her right under the implied warranty for physical or legal defects in the Product, the Consumer requests that the Product be exchanged or rescinds the agreement, the Product complained about is delivered to the Seller by the Consumer but at the Seller's expense. The Product complained about should then be sent to the following address: ALKOR SP. Z O.O. ul. Słowiańska 4, 48-300 Nysa. If the Consumer requests that a defect in the Product be repaired or the Product price be decreased, he/she is not obliged to deliver the said Product to the Seller. In this case, the Consumer should make the Product being complained about available in the place where this person is staying and should inform the Seller of this fact in order to enable the Product collection date to be determined.
- The Seller examines the complaint without delay, however not later than within 14 days of the complaint being submitted.
- The Seller responds to the complaint at its discretion:
- in writing to the complainer's address,
- by e-mail to the e-mail address indicated by the complainer,
- by phone.
- COMPLAINTS ABOUT OTHER SHOP SERVICES
- The User can submit a complaint where the services provided in these Rules are not provided by the Seller or are provided in violation of these Rules.
- A complaint about the Shop services should contain:
- User's identity details;
- subject complained about and period covered by the complaint;
- circumstances justifying the complaint;
- User's signature - where a complaint is submitted in writing.
- If a complaint does not fulfil the formal requirements set out above, the Seller may at its option leave the complaint unexamined or may request the User to supplement the same within a period not to be longer than 7 days, instructing the User that if the details are not supplemented within the said deadline, the complaint will be left unexamined.
- The Seller may leave the complaint unexamined if:
- the complaint refers to an issue explained in the Rules, its schedules or attachments, or in the help materials available in the Shop. In this case, a reply to the complaint contains a reference to an appropriate document,
- the complaint refers to an issue already explained in the reply to the previous complaint submitted by the User. In this case, a reply to the complaint contains a reference to appropriate correspondence,
- the complaint was made by a third party that was not authorised under a power of attorney or otherwise to do so,
- the complaint is made after 30 days have passed from the complaint cause being revealed.
- The Seller will notify the Buyer without delay about the exercise of its right to leave the complaint unexamined.
- Complaints addressed to the Shop and concerning services provided by third parties via the Shop will be passed by the Seller without delay to the appropriate third party responsible for handling the complaint.
- The Seller examines the complaint without delay, however not later than within 14 days of the complaint being submitted.
- The Seller responds to the complaint at its discretion:
- in writing to the complainer's address,
- by e-mail to the e-mail address indicated by the complainer,
- by phone.
- Significantly, the Consumer is entitled to take advantage of out-of-court methods of examining complaints and claiming his/her rights, including:
- referring to a standing consumer arbitration court at the Trade Inspection Authority (Inspekcja Handlowa) with a request to resolve the dispute arising from the Agreement he/she executed,
- referring to the Voivodship inspector of the Trade Inspection Authority with a request to institute mediation proceedings with respect to amicable resolution of a dispute between the Buyer and the Seller,
- using free-of-charge assistance of county (city) consumer ombudsman or a social organisation whose objects comprise consumer protection (e.g. Consumer Federation <Federacja Konsumentów>, Association of Polish Consumers <Stowarzyszenie Konsumentów Polskich>).
- RIGHT TO RESCIND THE AGREEMENT
- You can rescind this Agreement within 14 days without giving any reasons.
The Agreement rescission period expires after 14 days of the date on which you took possession of the object or on which a third party indicated by you other than the carrier took its possession.
In order to exercise your Agreement rescission right, you must notify us, i.e. ALKOR Sp. z o.o., ul. Słowiańska 4, 48-300 Nysa, tel. (077) 40 91 600, mobile: 0 694 446 973, e-mail: [email protected], www.alkor-watch.pl about your decision to rescind this Agreement by way of an explicit statement (e.g. by a letter sent by regular mail or e-mail, or by fax).
You can but you do not have to use the Agreement rescission form.
You can also fill in and send us an Agreement rescission form or any other statement by e-mail or from our website www.alkor-watch.pl. If you take advantage of this opportunity, we will send you without delay confirmation on a permanent carrier (e.g. by e-mail) showing that we were informed of your rescission of the Agreement.
In order to rescind the Agreement within the deadline, it is sufficient for you to inform us about your exercise of the right to rescind the Agreement prior to the end of the Agreement rescission period.
- If you rescind this Agreement we will return to you all the payments received from you, including the object delivery costs (save for additional costs arising from your delivery choice being different from the cheapest regular one we offer), without delay, and in any case within 14 days of being notified of your decision to exercise your Agreement rescission right. The payments will be returned to you via the same method as we received them from you in the original transaction, unless you explicitly consented to another solution; in any case you will not incur any charges in connection with such return.
- We can withhold the payment return until we receive the object or until we receive proof of the object being sent to us, whichever of these events occurs earlier. Please send back or hand over to us the object without delay, in any case not later than 14 days after the day on which you informed us about rescission of this Agreement. This deadline will be deemed kept if you send the object to us before 14 days pass.
- We will have to pay the direct costs of returning the object.
- You are liable only for a decrease in the object value arising from the object being used otherwise than needed to discover its nature, features, and functioning manner.
- BUSINESS ENTITY AS A BUYER
- If a Business Entity is the Buyer, the Business Entity is not entitled to the right to rescind an agreement executed at a distance.
- If a Business Entity is the Buyer, the parties exclude the Seller's liability under implied warranty for physical and legal defects in the Product.
- If a Business Entity is the Buyer, the Seller is liable towards the Business Entity under implied warranty for physical and legal defects in the Product to the extent provided for in the Civil Code of 23 April 1964 (Journal of Laws of 2014, item 121, as amended), subject to the following stipulations:
- After the Product is received, the Business Entity is obliged to examine the condition of the received parcel in the carrier's presence, in particular for completeness of and damage to the Product. If any damage to the Product or other irregularities in the Product are found, the Business Entity is obliged to draw up a damage report. Failure by the Business Entity to draw up a damage report results in the loss of the rights under the implied warranty.
- If the defect in the object was discovered only at a later time, and it cannot have been objectively found upon collection of the delivery, the Business Entity is obliged to notify the Seller of the discovered defect not later than within 7 days of the discovery thereof, otherwise the Business Entity will lose its rights under the implied warranty.
- The Business Entity is obliged to return the Product complained about.
- A complaint request can be made by way of filling in an electronic form available in the Shop, sending an e-mail to the address: e-mail address, or sending a letter to the Seller's mailing address/another address appropriate to submit complaints.
- If, in the exercise of its rights under the implied warranty for physical or legal defects in the Product, the Business Entity requests that the Product be exchanged or rescinds the agreement, the Product complained about is delivered to the Seller by the Business Entity at the Business Entity's expense, unless the Parties agree otherwise. The Product being complained about should then be sent back to the address: the Seller's address appropriate for sending defective Products.
- The Proof of Purchase or its copy should be attached to the Product being complained about. Failure to attach the Proof of Purchase or its copy may result in rejection of the complaint by the Seller.
- The Parties exclude the Seller's liability for damages based on implied warranty for physical and legal defects in the Product, in the broadest scope admissible under mandatory regulations.
- RESERVATIONS, ASSURANCES, AND LIABILITY
- With a view to the Users' interests and the assurance of the top quality of the Shop, it is prohibited to use the Shop, any of its functionalities or services in a manner being in violation of the Shop's nature, intended purpose or subject of operations, in particular to take any actions in contravention of generally applicable law, the provisions of these Rules, or established customs.
- The Seller will every effort for the Shop and all the services made available through it to operate continuously and without any disturbance, however the Seller is not liable for disturbances caused by force majeure or by disallowed interference of the Users or third parties for which the Seller is not liable. The Seller guarantees the Shop's 90% availability during a year.
- The Seller reserves the right to introduce any protection measures ensuring safety of the Shop's correct operations, including measures protecting the Shop against Users' actions being in violation of these Rules or in violation of the principles connected with the Shop's operations.
- The Seller reserves the right to anonymously publish the content of messages addressed to the Shop's team by the Users, related to the Shop functioning issues (FAQs), the advice provided, and others, the replies to which are considered by the Seller as worth publishing.
- The Seller reserves the right to derive benefits from advertisements placed in the Shop, to which the User using the Shop hereby agrees.
- INTELLECTUAL PROPERTY RIGHTS
- Any and all intellectual property rights to the Shop, in particular to the content, word and figurative marks, names, images, graphics, sound effects, information, functionalities and services available in the Shop are vested exclusively in the Seller and its partners who made certain materials available for the Seller's usage. Using the Shop in any way does not give rise to any acquisition by the User of any part or all intellectual property rights referred to above.
- Without the Seller's written consent, it is prohibited to copy, duplicate or otherwise use in part or in fragments of the said intellectual property rights to the Shop. This does not apply to automatic temporary storage of files in the memory of a digital device as a result of the Shop being used for purposes being in accordance with the Rules, or cases of legally admissible usage.
- AMENDMENTS TO THE RULES
- These Rules can be amended only due to a material reason, in a manner enabling Users to familiarise themselves in advance with them and enabling Users to consent to or to resign from further usage of the Shop, or to make a statement about using the Shop based on the to-date principles.
- The Seller publishes amendments to the Rules on the Shop pages. Information about amendment to these Rules will be made available not later than 14 days before the amended Rules enter into effect.
- Amendments to these Rules do not apply to orders placed before such amendments entered into effect.
- These Rules do not have to be amended as a result of the Shop introducing promotions, competitions and additional services, the detailed principles and conditions of which will be determined each time in attachments hereto.
- FINAL PROVISIONS
- The content of these Rules is made available for the User free of charge via the Shop and may be fixed, in particular by being printed out, recorded on a carrier or downloaded at any time from the Shop's pages.
- Invalidity of one provision hereof declared by decision of an appropriate court does not result in invalidity of the remaining provisions hereof.
- All matters that are not regulated herein will be governed by Polish applicable regulations, unless mandatory regulations in the User Country provide for otherwise.
- Any disputes arising from the functioning of the Shop or from services being performed within the Shop will be referred for solution to Polish appropriate common courts.
- Any disputes, suggestions and questions can be sent by Users to the address: [email protected].