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Terms and conditions
Scope of application
(1) These terms and conditions apply to all purchases concluded via this online store between Polownia Sp. z o.o., (Polownia Sp. z o.o. | Polownia Sp. z o.o. | ul. Główna 14, PL 42-793 Zborowskie | NIP: 5761589807, represented by the managing directors Martin Hein and Krystian Wieczorek) and you.
(2) The language available for the conclusion of the contract is exclusively German. Translations of these General Terms and Conditions into other languages are for your information only. In the event of any discrepancies between the language versions, the German text shall prevail.
The prices quoted are final prices including VAT and shipping costs. The amount shown at the time of the binding order applies (shipping costs and the VAT included are shown separately).
The purchase price is due immediately with the order. The payment is made via PayPal.
Right of retention
The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Conclusion of contract
(1) The presentation of goods and services in our online store does not constitute a legally binding offer, but an invitation to order.
(2) By clicking the button “Order subject to payment” in the last step of the ordering process, you make a binding offer to purchase or book the goods and/or services displayed in the order overview. With the order confirmation, a contract is concluded between you and us.
Technical steps up to the conclusion of the contract/correction of input errors
As part of the ordering process, you start by placing the selected goods or services in the shopping cart. There you can change the selected number of items at any time or delete selected goods or services completely. Once you have selected goods or services, you will be taken to the page where you enter your billing and payment information by clicking on the “Proceed to Checkout” button. If you click on “Continue”, a summary page will open where you can check your entries. You can correct your input errors (e.g. in the course of the payment method, the selected goods/services or the selected quantity) by clicking on “Back” and editing the corresponding field on the previous page. If you want to cancel the order process, you can also simply close your browser window. Otherwise, your declaration becomes binding after clicking the confirmation button “Order with obligation to pay” (in the sense of point 2 in the business “Conclusion of contract” in these GTCs).
Storage of the contract text
The contractual provisions with details of the ordered goods and/or booked services, including the corresponding GTCs and the cancellation policy, will be sent to you by e-mail with the acceptance of the contract offer or with the notification thereof. Polownia Sp. z o.o. does not store the terms of the contract.
Processing of your personal data
(1) Delivery is made to the delivery address specified by the customer (Germany or EU).
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, Polownia Sp. z o.o. is not obliged to perform. Amounts already paid will be refunded by Polownia Sp. z o.o. without delay.
(3) Polownia Sp. z o.o. may also refuse performance if such performance requires an effort which, taking into account the content of the purchase contract and the principles of good faith, is grossly disproportionate to the customer’s interest in the performance of the purchase contract. Amounts already paid shall be refunded by Polownia Sp. z o.o. without delay.
When returning the goods and accessories, please use the original packaging if possible, even if it is damaged due to opening for functional testing.
(1) If a product is already defective upon delivery (warranty case), Polownia Sp. z o.o. will, at the customer’s option and at Polownia Sp. z o.o.’s expense, replace it with a defect-free product or have it professionally repaired (subsequent performance). It is pointed out to the customer that there is no case of warranty if the product had the agreed quality at the time of passing of the risk. In particular, a warranty case shall not exist in the following cases: a) in the case of damage caused by misuse or improper use on the part of the customer, b) in the case of damage caused by the fact that the products have been exposed to harmful external influences on the part of the customer (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) If the type of supplementary performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer’s interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith – whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer are to be taken into account – the customer’s claim is limited to the respective other type of supplementary performance. The right of Polownia Sp. z o.o. to also refuse this other type of subsequent performance under the aforementioned condition shall remain unaffected.
(3) Both in the case of repair and in the case of replacement, the customer is obliged to send the product at Polownia Sp. z o.o.’s expense to the return address provided by Polownia Sp. z o.o., stating the order number. Prior to sending the product, the customer shall remove any items inserted by him/her from the product. Polownia Sp. z o.o. is not obliged to inspect the product for the insertion of such items. Polownia Sp. z o.o. shall not be liable for the loss of such items, unless it was readily apparent to Polownia Sp. z o.o. at the time of taking back the product that such an item had been inserted into the product (in which case Polownia Sp. z o.o. shall inform the customer and hold the item ready for collection by the customer; the customer shall bear the costs incurred in doing so).
(4) If the Customer sends the goods to Polownia Sp. z o.o. in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: if the Customer was able to use the goods in a defect-free condition between delivery and return, the Customer shall reimburse Polownia Sp. z o.o. for the value of the benefits derived from the use of the goods. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to pay compensation for the value of a defective product returned under warranty shall also not apply a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or transformation, b) if Polownia Sp. z o.o. is responsible for the deterioration or loss or if the damage would also have occurred at Polownia Sp. z o.o., c) if the deterioration or loss occurred at the customer’s premises although the customer exercised the care he is accustomed to exercising in his own affairs.
(5) The Customer’s liability for damages in the event of a breach of the obligation to return the goods for which the Customer is responsible shall be governed by the statutory provisions.
(6) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.
(7) In addition, there may also be claims against the manufacturer under a warranty granted by the manufacturer, which shall be governed by the relevant warranty conditions.
(8) The legal warranty of Polownia Sp. z o.o. ends two years from the delivery of the goods. The period begins with the receipt of the goods.
(1) In case of slight negligence, Polownia Sp. z o.o. shall be liable only in case of breach of material contractual obligations and limited to the foreseeable damage. This limitation does not apply in case of injury to life, body and health. Polownia Sp. z o.o. shall not be liable for any other damage caused by slight negligence due to a defect of the object of purchase.
(2) Irrespective of any fault on the part of Polownia Sp. z o.o., any liability on the part of Polownia Sp. z o.o. shall remain unaffected in the event of fraudulent concealment of the defect or from the assumption of a guarantee. The manufacturer’s warranty is a warranty of the manufacturer and does not constitute an assumption of a warranty by Polownia Sp. z o.o..
(3) If, while Polownia Sp. z o.o. is in default, delivery becomes impossible by chance, it shall be liable with the above agreed limitations of liability. Polownia Sp. z o.o. shall not be liable for damages that would have occurred even if the delivery had been made on time.
(4) Personal liability of legal representatives, vicarious agents and employees of Polownia Sp. z o.o. for damages caused by them due to slight negligence is excluded.
The contract concluded between you and Polownia Sp. z o.o. shall be governed exclusively by the laws of the Republic of Poland, expressly excluding the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.
Place of jurisdiction
If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time of filing an action, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Olesno (Oppole Voivodeship, Poland).
General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act): The European Commission provides a platform for online dispute resolution (OS), which can be found at this address: http://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
(1) Should individual provisions of this Agreement be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of this Agreement, provided that one of the contracting parties is not unreasonably disadvantaged thereby.
(2) Amendments or supplements to this contract must be made in text form.