Regulations
The Rules of Internet Shop xylomatrix.eu including among other issues the rules of concluding sales agreements through the Shop, the most important information on the Seller, Shop and the Consumer’s rights.
Table of Contents
Art. 1 Definitions
Art. 2 Communication with the Seller
Art. 3 Technical requirements
Art. 4 Buying in the Shop
Art. 5 Personalized articles
Art. 6 Payments
Art. 7 Performance of Orders
At. 8 Right to withdraw from the agreement
At. 9 Exceptions from the right to withdraw from the agreement
Art. 10 Complaints
Art. 11 Personal data
Art. 12 Reservations
Art. 13 Provisions pertaining to the Purchasers not being Consumers
Appendix No 1: Agreement withdrawal form template
Art. 1 Definitions
Working days – days from Monday to Friday with the exception of public holidays
Account – free-of-charge function of the Shop governed by separate rules (service rendered electronically), thanks to which the Purchaser may set their individual Account within the Shop.
Consumer – consumer under the meaning of the Civil Code regulations.
Purchaser – every entity buying or placing an Order in the Shop.
Rules – these rules.
Shop – Internet Shop xylomatrix.eu run by the Seller at the address www.xylomatrix.eu
Service Provider – Internet Shop available under: xylomatrix.eu is run by company under name PRZEDSIEBIORSTWO WIELOBRANŻOWE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered seat in ul. Polna 1, 64-316 Michorzewo, Taxpayer’s ID No. [NIP]: 7831540582, Business ID No. [REGON]: 639791981.
Personalized item – an item available in the Shop, with regard to which the Seller has placed information that it may be personalized by making an imprint thereon with the graphic sent by the Purchaser.
Order – the offer of concluding sales agreement for a personalized item available in the Shop, under the meaning of the Civil Code, made by the Purchaser to the Seller via the Shop, containing at least the designation of the Personalized article, its price and delivery costs.
Article 2 Communication with the Seller
Address: ul. POLNA 1, 64-316 MICHORZEWO
E-mail address: sprzedaz@xylomatrix.eu
Telephone number: 691431173.
Art. 3 Technical requirements
For the Shop to operate properly, it shall need:
- a device with access to the Internet,
- browser with JavaScript and cookie files.
Apart from meeting the requirements stipulated in section 1 above, an active e-mail account is necessary in order to place an order in the Shop.
Art. 4 Buying in the shop
The prices in the Shop marked as gross ones are the total prices for goods and include the Value Added Tax.
The Seller would like to point out that the total price of an order consists of the price for the good and – if applicable – the delivery costs.
The selected good has to be added to the cart in the Shop.
Next, the Purchaser chooses out of the available options of the Shop: the method of delivery and of payment for the order, they also provide the data necessary to perform the placed order.
The order has been placed once its content has been confirmed and the Rules accepted by the Purchaser.
Placing an order for goods other than Personalized ones constitutes conclusion of a sales agreement between the Purchaser and Seller.
The Seller shall provide the Consumer with a confirmation of conclusion of the agreement mentioned above on a data storage medium at the latest at the moment of delivery of the goods.
The Purchaser can register in the Shop, i.e. set an account therein, or make purchases without registration by providing their data with every order they place.
Pursuant to Art. 535, paragraph 1, of the Civil Code, the Purchaser is obliged to pick up the goods on delivery and make the payment. In case when the Purchaser does not pick up the shipment on delivery, they are obliged to cover the costs of the transport of goods.
Art. 5 Personalized items
The provisions pertaining to the goods, purchase and orders, shall also apply to the Personalized items and Order unless the Rules stipulate otherwise.
The information on the Personalized items available in the Shop shall not constitute an offer under the Civil Code.
While buying in the Shop, the Purchaser may place an Order with the Seller proceeding in accordance with paragraph 4, sections 3 – 5.
In order to have the imprint made on a Personalized item, the Purchaser shall provide the Seller with a file with a graphic via an appropriate function in the Order form, which is supposed to be placed on the Personalized item.
Once the Seller has accepted the Order, the sales agreement of the Personalized item shall take place according to the conditions specified in the Order.
The Seller shall inform the Purchaser of their decision with regard to the acceptance of the Order within 2 working days from the data of its placement by the Purchaser.
By sending corresponding content confirming the acceptance of the Order to be performed to the benefit of the Purchaser on the e-mail address given in their Account, or in case when the latter does not have one on the address given in the Order, the Seller accepts of the Order.
The Seller’s accepting the Order with the reservation of an amendment or completion of its content shall mean a new offer, and only once it has been accepted by the Purchaser the conclusion of the sales agreement shall take place.
Once the sales agreement for the Personalized item has been concluded, the Seller shall additionally send the Purchaser on their e-mail address given in their account, or in case they do not have one – on the address given in the Order, a graphic project depicting the Personalized item with the graphic the Purchaser has sent.
The Purchaser shall have the right to register three amendments to the project – after every and each registration the Purchaser shall obtain from the Seller an e-mail with the amended project. An amendment can be registered within the following periods of time:
- a) 2 working days from the moment of receiving a particular project – in case of a Purchaser who is not a Consumer,
- b) 5 working days from the moment of receiving a particular project – in case of a Consumer,
The provision in section 9 shall apply accordingly.
Should the Purchaser not register their amendments within the deadline stipulated in section 10, the Seller shall make an imprint on the Personalized item in accordance with the last project sent by the Purchaser.
Should the Purchaser have registered three amendments, the Seller shall make the imprint on the Personalized item according to the instructions supplied by the Purchaser within the third amendment.
In case when the Purchaser has placed an Order for a Personalized item and chosen the payment method described in paragraph 6, section 1(b), in connection with paragraph 6, section 4, prior to the Seller’s accepting the Order, the Purchaser may pay advance payment towards the future Personalized item sales agreement.
In case described in section 13, when the Order has not been accepted by the Seller or when the Purchaser has not accepted the change or completion of the Order proposed by the Seller, the latter shall immediately return the advance payment made by the Purchaser, and in case of a Consumer no later than within 3 Working days from the day when:
- a) the Consumer has placed the Order – in case when the Seller has not accepted the Order;
- b) the Consumer has informed the Seller about their decision of not accepting the changers or completion of the Order.
The provision stipulated in paragraph 7, section 7, shall apply to the reimbursement of the Consumer advance payment accordingly.
Art. 6 Payments
According to the Purchaser’s choice, the placed order may be paid in the following ways:
- by a transfer to the Seller’s bank account;b
- by using payment platform Przelewy24;
- COD, i.e. by credit card or in cash at the moment of the delivery of the goods to the Purchaser;
- by credit card or in cash at the moment of the reception of the goods in person.
Should the Purchaser have chosen the option of payment in advance, the order shall be paid within 3 Working days from the day of conclusion of the sales agreement.
By making purchases in the Shop, the Buyer accepts electronic invoices issued by the Seller. The Purchaser shall have the right to withdraw their acceptance.
The Seller informs hereby that in case of the method of payment described in section 1(b), due to its nature, the payment made by this method shall be possible solely once the order has been placed.
Art. 7 Performance of Orders
The Seller shall be obliged to deliver the goods free from defects.
The date of performance of the order shall be given in the Shop.
Should the Purchaser have chosen the payment in advance, the Seller shall start performing the order once it has been paid.
In case when within one order the Purchaser has bought the goods with different dates of delivery, the order shall be performed at the time corresponding with the longest period of delivery.
The goods purchased in the Shop shall be delivered by a courier company subject to section 6.
The Purchaser may pick up their goods in person at the seat of the company while open.
Should the Purchaser have chosen the option of picking up the goods in person, the goods shall be ready to hand out at the time given as the time of the order performance, and in case when the Seller has given the date of the shipment, at the date of the shipment.
At. 8 Right to withdraw from the agreement
The Consumer may withdraw from the agreement concluded with the Seller via the Shop subject to paragraph 9 of the Rules, within 14 days without giving any reason.
The right to withdraw from the agreement expires 14 days from the date of:
- the Consumer’s taking possession of the goods or on the day when a third person other than the carrier and appointed by the Consumer took possession thereof;
- the Consumer’s taking possession of the last good, or on the day when a third person other than the carrier and appointed by the Consumer took possession of the last good in case of an agreement of transfer of ownership for many things being delivered separately.
For the Consumer in order to exercise the right to withdraw from the agreement, they shall be obliged to inform the Seller, by using the data given in paragraph 2 of the Rules, of their decision to withdraw therefrom by way of an unambiguous statement (for example a letter sent by post or a piece of information delivered by e-mail).
The Consumer may use the agreement withdrawal form template which can be found at the end of the Rules, however it is not necessary.
In order to maintain the withdrawal period, it shall be enough for the Consumer to provide the information on them exercising the right to withdraw from the Agreement prior to the expiry of the deadline to withdraw therefrom.
In case of goods return (with remark HDI), the recipient shall be charged with a handling fee of 10% of the value of the returned good, and no less than PLN 25 (information additionally mentioned in the invoice).
Consequences of the withdrawal from the agreement
Should the Consumer withdraw from the concluded agreement, the Seller returns to them all the payments they have received (excluding the costs of transport), no later than within 14 days from the day when the Seller was informed of the Consumer’s decision to exercise the right to withdraw from the agreement.
The payment shall be returned by the Seller by the same payment method which was used by the Consumer for the transaction in the first place, unless the latter consents to another option, but in no case shall the Consumer bear the costs of any fees pertaining to the return.
The Seller may postpone the reimbursement of the payment until they have received the goods or a proof of the goods having been sent back, whichever happens first.
The Seller kindly asks to immediately return the goods to the following address: ul. Polna 1, 64-316 Michorzewo, definitely no later than within 14 days from the day on which the Consumer informed the Seller of their withdrawal from the sales agreement. The deadline shall be met if the Consumer has sent the goods back before the period of 14 days has lapsed.
The Consumer shall bear the direct costs of the return of the goods.
The Consumer shall be responsible solely for the reduction of the value of the goods resulting from using them in a way different than it was necessary to determine their nature, features and way of operation.
If, due to their nature, the goods may not be returned in an ordinary mode by mail, the Consumer shall also bear the direct costs of the return of the goods. The Seller shall inform the Consumer about the estimated amount of the above mentioned costs in the description of the goods in the Shop or while the order is placed.
At. 9 Exceptions from the right to withdraw from the agreement
The Consumer shall not be entitled to withdraw from the agreement concluded remotely if:
- its subject is a non-prefabricated object, produced according to the Consumer’s specification or meant to satisfy their individual needs;
- its subject is an object with a short expiry date or quickly perishable;
- its subject is an object delivered in a sealed package which once the package is opened cannot be returned due to the protection of health or hygienic reasons, if the package was opened after its delivery;
- its subject are goods which once delivered – due to their nature – become inseparably connected with other things.
Art. 10 Complaints
If the goods have defects, the Purchaser shall have the possibility to complain about it based on the guarantee or statutory warranty stipulated in the Civil Code provided the guarantee has been given.
Using the statutory warranty, based on the rules and within the deadlines stipulated in the Civil Code, the Purchaser may:
- make a statement to have the price reduced,
- if the defect is major, make a statement of withdrawing from the agreement,
- demand exchange of the product for a product free from defects,
- demand removal of the defect.
The Seller kindly asks to complain on the basis of the statutory warranty by using the correspondence or electronic address given in paragraph 2 hereof.
If for considering the complaint the delivery of the goods in question to the Seller should prove to be necessary, the Purchaser shall be obliged to deliver the product, and in case of a Consumer to do so at the cost of the Seller, to the address in Polna 1, 64-316 Michorzewo.
If a product has additionally been granted a guarantee, the information on it as well as its conditions shall be available in the description of the product in the Shop.
The complaints pertaining to the operation of the Shop shall be referred to at the e-mail address given in paragraph 2 hereof.
The complaints shall be considered by the Seller within 14 days.
Out-of-court methods of considering complaints and pursuing claims
Should the complaint proceedings be unsuccessful for the Consumer, they may, among other things, resort to:
a.mediation performed by the locally competent Regional Inspector of Commercial Inspection which should be referred to with a request for mediation. Generally, the proceedings are free of charge. The list of inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
- help of the locally competent consumer court at the Regional Inspector of Commercial Inspection which should be referred to with an application to consider the case before the arbitration court. Generally, the proceedings are free of charge. The list of courts is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
- help of municipal or district consumer ombudsman which is free of charge.
- Internet platform ODR accessible at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks .
Art. 11 Personal Data
The Administrator of the data submitted by the Purchaser while using the Shop is the Seller. The detailed information on processing the personal data by the Seller, including the data on the other purposes, bases of how the data are processed and their recipients, can be found in the Privacy Policy available in the Shop due to the principle of transparency included in the General Data Protection Regulation (“RODO”) of the European Parliament and Council (EU).
The purpose of the Seller’s processing the data delivered by the Purchaser in connection with the purchases made in the Shop shall be the performance of the orders. The basis of processing the personal data in this case shall be:
- sales agreement or actions performed at the Purchaser’s request aimed at concluding one (Art. 6, section 1(B) of the GDPR),
- the Seller’s legal obligation associated with accounting (Art. 6, section 1(c), and
- Seller’s legitimate interest consisting in processing the data in order to determine, pursue or protect the potential claims (Art. 6, section 1(f) of the GDPR).
The Customer shall be free to decide whether they wish to submit their data but it shall be necessary for the conclusion of the sales agreement. Failure to submit the data shall make it impossible to conclude the sales agreement in the Shop.
The Purchaser’s data delivered in connection with the purchase made in the Shop shall be processed until:
- the sales agreement concluded between the Purchaser and Seller has expired;
- the Seller shall be no longer obliged to process the Purchaser’s data;
- it is no longer possible for the Purchaser or Seller to pursue their claims pertaining the sales agreement concluded via the Shop;
- the Purchaser’s objection to their personal data being processed has been accepted – in case when the basis for processing them has been the Seller’s legitimate interest
* depending on which one applies in a particular case and takes place the latest.
The Purchaser shall be entitled to demand:
- access to their personal data,
- their rectification,
- their removal,
- limitation of their processing,
- their transfer to another administrator
and shall have the right to:
- appeal against the data being processed due to the reasons associated with the Purchaser’s special situation, based on Art. 6, section 1(f) of the GDPR (i.e. on the basis of the legitimate interests pursued by the administrator).
In order to have their rights exercised, the Purchaser shall contact the Seller using the data included in paragraph 2 hereof.
Should the Purchaser recognize that their data are processed against the law, they may lodge a complaint with the President of the Personal Data Protection Office.
Art. 12 Reservations
Delivery of unlawful content by the Purchaser shall be forbidden.
Each order placed in the Shop shall constitute a separate sales agreement and require acceptance of these Rules. The agreement shall be concluded for a definite period of time and for the purpose of performing an order.
The agreements concluded on the basis of the Rules are concluded in the Polish language.
None of the provisions hereof shall exclude or to any extent limit the Consumer’s rights arising from the law.
Art. 13 Provisions pertaining to the purchasers not being consumers
En entity other than the Consumer shall not be entitled to withdraw from the agreement concluded remotely.
The Seller’s liability towards the Purchaser not being the Consumer shall be excluded excluded within the limits stipulated by law.
Should a dispute with the Purchaser who is not a Consumer occur, the competent court shall be the court having jurisdiction over the Seller’s seat.
Appendix No 1 of the Rules
The agreement withdrawal form template underneath may be used by the Consumer but shall not be obligatory:
Agreement withdrawal form template
(form to be filled in and sent back only in case of withdrawal from the agreement)
Date: …………………………..
Przedsiębiorstwo Wielobranżowe Sp. z o.o.
- POLNA 1, 64-316 MICHORZEWO
Phone no.: 691431173
– I/we hereby inform of my/our withdrawal from the sales agreement for the following objects / the following provision of service agreement:
………………………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………………………..
– date of agreement conclusion (*)/date of reception (*)
………………………………………………………………………………………………………………………………………………..
Name of the Consumer(s):
………………………………………………………………………………………………………………………………………………..
Address of the Consumer(s):
………………………………………………………………………………………………………………………………………………..
…………………………………………………………………………………
Signature of the Consumer(s)
(only when the form is sent on paper)
(*) cross whatever does not apply
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