REGULATIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS

§1. General provisions

1. The Seller provides Services in accordance with the Regulations and the provisions of generally applicable law.

2. Services are provided via the Store’s website 24 hours a day, 7 days a week.

3. The Seller makes these Regulations available on the Store’s website and may attach them to e-mails containing statements of acceptance of Customers’ offers. Customers may at any time: access the Regulations, record them, obtain and reproduce them by printing or saving them on a data carrier.

4. The information provided on the Store’s website does not constitute an offer of the Seller within the meaning of art. 66 of the Civil Code, and only an invitation to customers to submit offers to conclude a contract, in accordance with art. 71 of the Civil Code.

5. In order to use the Store, it is necessary for the Customer to have an ICT device with Internet access, a properly configured web browser in the current or previous version: Microsoft Edge, Mozilla Firefox, Google Chrome, Safari or Opera, with JavaScript enabled, and also an active and correctly configured e-mail account.

6. Using the Store may involve the Customer incurring the costs of fees for access to the Internet and data transmission, to the extent established by the agreement with the telecommunications operator whose services the Customer uses.

§2. Basic store functionalities

1. The Seller provides the Customers with the following basic functionalities of the Store:

1. providing a contact form,

2. sharing the advertising offer of the Goods in social media,

2. To use the functionality of the contact form, complete its mandatory fields, enter the required content, and then send a message to the Seller. The Seller will respond immediately, using the functionality of the Store, by phone or electronically, by sending an e-mail.

3. To use the functionality of sharing the advertising offer of the Good in social media, use the buttons assigned to these media, published in the area of the advertising offer of the Good. In order to use this functionality, it is required to have a user account in selected social media.

§3. Orders placed via the Store

1. Orders for Goods can be placed via the Store’s website 7 days a week, 24 hours a day, using the Basket function. After completing the list of orders for Goods, in the Basket area, the Customer proceeds to the execution of the order.

2. After completing the list of orders for Goods, in the Basket area, the Customer enters or selects:

1. billing information,

2. delivery information, including the method and address of Delivery,

3. payment method.

3. Placing an order is preceded by the receipt by the Customer by displaying, in the Basket area, information about the total price for the order, including taxes and related costs, in particular the costs of Delivery and payment.

4. Placing an order may take place by using the appropriate button in the Basket and is tantamount to submitting to the Seller by the Customer an offer to conclude a contract for the Sale of Goods included in the order.

5. Before sending the order form, by ticking the appropriate check box, the Customer should declare that he has read the Regulations and accepts its provisions.

6. The placed order may be changed by the Customer until the Seller receives information about sending the Goods.

7. Changing the order may include canceling it, canceling it in part, extending it with additional Goods, changing the Delivery address.

8. The Seller will immediately inform the Customer about the impossibility of accepting the order in the event of circumstances causing it. This information is provided by telephone or e-mail. The information may constitute a rejection of the offer in its entirety or include the following proposals for modification of the order:

1. rejection of the offer in the part impossible to implement, which results in recalculation of the order value,

2. dividing the Goods subject to Delivery into a part whose Delivery is possible and a part whose Delivery will take place at a later date, which does not result in the conversion of the order value.

9. Acceptance of the Customer’s offer by the Seller, subject to the change referred to in the point above, shall be deemed to be a new offer, requiring acceptance by the Customer in order to conclude the Sales Agreement.

10. Confirmation of the acceptance of the order by the Seller takes place by immediately sending an e-mail. This message contains the terms of the concluded Sales Agreement agreed by the parties, as well as the data entered by the Customer in the order form, for the purpose
to detect errors in them. If such an error is detected, the Customer may notify the Seller of this fact by sending an e-mail with the correct data.

11. Confirmation of acceptance of the order is tantamount to acceptance by the Seller of the offer to conclude a Sales Agreement submitted by the Customer.

§4. Telephone orders

1. The Seller enables placing orders for the purchase of Goods by telephone.

2. In order to place an order for the purchase of Goods by phone, contact the Seller using the telephone numbers provided on the Store’s website, and then place the order orally.

3. Confirmation of the acceptance of the telephone order by the Seller takes place by immediately sending an e-mail containing information about the content of the concluded contract. This message contains the conditions of the concluded Sales Agreement agreed by the parties, as well as the Customer’s data, in order to enable the detection of any errors. If such an error is detected, the Customer may notify the Seller of this fact by sending an e-mail with the correct data.

4. In order to conclude a Sales Agreement, the Customer is obliged to confirm the will to conclude it in response to the Seller’s message described above.

5. Confirmation of the will to conclude a Sales Agreement is tantamount to its conclusion.

§5. Sale

1. The Seller provides the Customers with the Service of Sale of Goods at a distance.

2. The subject of the Sales Agreement includes the Seller’s obligation to transfer the ownership of the Goods to the Customer and release them, and the Customer’s obligation to collect the Goods and pay the Seller the price of the Goods.

3. The Seller reserves the right to conduct promotional campaigns, consisting in particular in reducing the price of Goods or Services until a specific date or when the stock of Goods subject to the promotion is exhausted.

4. By concluding the Sales Agreement, the Seller undertakes to Deliver Goods without defects to the Customer.

5. The conclusion of the Sales Agreement takes place at the moment of confirmation of the acceptance of the Customer’s order by the Seller.

6. The release of the Goods takes place at the time specified in the description of the Goods.

7. The delivery time of the Goods may change if the Customer changes the order.

8. The release of the Goods takes place:

1. if the Customer selects the option of Delivery via the Carrier, on Business Days to the address provided by the Customer,

2. if the Customer chooses to collect the Goods in person, at the Store’s headquarters on Business Days from 10:00-16:00, after prior contact with the Seller.

9. Detailed information on the available delivery methods, carriers and related costs are published on the Store’s website, and the customer is informed about them during the ordering process.

10. The release of the Goods takes place not earlier than after the payment has been made by the Customer.

11. Confirmation of the release of the Goods to the Carrier for their Delivery may be made by sending an e-mail to the Customer’s e-mail address.

12. The risk of accidental loss or damage to the item passes to the Consumer upon its release to the Consumer.

13. If the Customer chooses the option of Delivery via the Carrier, it is recommended that the delivered parcel be examined by the Customer in the presence of the Carrier.

14. In the event of damage to the shipment, the Customer has the right to request the Carrier to prepare an appropriate report.

§6. Payments

1. The value of the payment for the Sale is determined on the basis of the price list of the Goods, available on the Seller’s website at the time of ordering the Goods.

2. The prices given on the Store’s website for a given Good are gross prices in Polish zlotys and include VAT, but do not include the costs of Delivery of the Goods and the selected form of payment.

3. The costs of the transaction and Delivery of the Goods are borne by the Customer.

4. The total price of the order, visible in the Basket area before placing the order and after selecting the method of Delivery of Goods and payment, includes the price for the ordered Goods together with taxes and all related costs, in particular the costs of Delivery and transactions.

5. The total price of the order is binding for the Seller and the Customer.

6. The Seller enables the following payment methods for the Sales Services provided:

1. By cash or payment card upon personal collection at the Store’s stationary seat,

2. by traditional transfer to the Seller’s bank account number: 03 1020 1185 0000 4402 0250 5048,

3. using the external PayU payment system, operated by PayU S.A. with its registered office in Poznań (60-166), at ul. Grunwaldzka 182, entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0000274399, NIP: 7792308495 and REGON: 300523444.

7. The customer is obliged to pay:

1. at the time of delivery of the Goods – if you choose the cash payment method,

2. within 7 days – if you choose the method of payment by traditional transfer,

3. at the time of placing the order – if you choose the payment method using an external payment system.

8. The payment shall be returned by the Seller immediately, not later than within 14 days from the date of occurrence of the reason, in the case of:

1. withdrawal from the contract by the Consumer,

2. the Customer’s resignation from the order or part of the order paid before implementation,

3. the Seller accepts the claim covered by the complaint in whole or in part, on the basis of generally applicable regulations.

9. The payment is returned using the same payment method that was used by the Customer in the original transaction, unless he agrees to a different solution that does not involve any costs for him.

10. The Seller is not obliged to reimburse the additional costs of Delivery of the Goods incurred by the Customer, if the Customer has chosen a method of Delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller.

§7. Guarantees

1. The goods may be covered by the warranty of the Seller, manufacturer or distributor.

2. The guarantee is granted by submitting a guarantee statement, which defines the guarantor’s obligations and the Customer’s rights in the event that the Goods do not have the properties specified in this statement.

3. Together with the Goods covered by the guarantee, the Seller issues a guarantee document to the Customer.

§8. Complaints

1. Complaints may be submitted under a warranty or guarantee, if granted.

2. If the Goods are covered by the guarantee, the Customer is entitled to complain about the Goods using the rights resulting from the guarantee, by submitting a complaint through the Seller or directly to the guarantor. If the Consumer exercises the rights under the guarantee, the time limit for exercising the rights under the warranty shall be suspended on the date of notifying the Seller of the defect. This period continues from the date of the guarantor’s refusal to perform the obligations arising from the guarantee or the ineffective expiry of their performance.

3. The right to use the warranty rights is granted regardless of any warranty rights. Exercising any warranty rights does not affect the Seller’s liability under the warranty.

4. A complaint under the warranty may be submitted by letter or e-mail to the Seller’s postal or electronic address. They can be submitted using the form, the template of which is attached to the Regulations, but it is not obligatory.

5. In the content of the complaint under the warranty, it is recommended to include:

1. the Consumer’s contact details, which will be used to respond to the complaint and to conduct correspondence related to it,

2. the Consumer’s bank account number, which will be used to return the funds, in the event of such a circumstance,

3. description of the problem and identification data of the Consumer.

6. If the complaint under the warranty concerns the Goods, in order for the Seller to consider the complaint, the Consumer is obliged to deliver or send the complained Goods to the Seller’s address, at his expense.

7. The Seller recognizes complaints for:

1. warranty within 14 days from the date of notification,

2. any warranty, within the period specified in the warranty conditions.

8. The Seller will inform the Consumer about the method of settling the received complaint:

1. under the warranty by e-mail or ordinary letter, depending on the will of the Consumer or the method of lodging a complaint used by him,

2. for any warranty in the manner specified in the warranty conditions.

9. In the event that the complaint under the warranty concerns the Goods, which, after the complaint is considered, must be sent to the Consumer, the Seller will deliver or send the Goods to the Consumer’s address.

10. The return of funds in connection with the complaint under the warranty will be made using the method of transfer to a bank account or by postal order, in accordance with the will of the Consumer.

11. The application of the warranty law is excluded in relation to Customers who are not Consumers.

§9. Out-of-court complaint handling and redress

1. The consumer has the option of using the following out-of-court methods of dealing with complaints and pursuing claims:

1. submitting an application for settlement of a dispute arising from the concluded Sales Agreement to a permanent amicable consumer court operating at the Trade Inspection, the address of which, due to its jurisdiction, can be determined via the website of the Office of Competition and Consumer Protection, maintained at the URL https://www.uokik.gov.pl/wazne_adresy.php#faq596,

2. submitting an application for initiation of mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller to the voivodship inspector of the Trade Inspection, whose address, due to its nature, can be determined via the website of the Office of Competition and Consumer Protection, kept at the URLhttps://www.uokik.gov.pl/wazne_adresy.php#faq595,

3. using the assistance of a poviat or municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection,

4. submitting a complaint via the EU ODR online platform, available at the URL http://ec.europa.eu/consumers/odr/, in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013 . on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.

2. Detailed information on the procedure of out-of-court methods of dealing with complaints and redress as well as the rules of access to these procedures are available at the registered offices and on the websites of the entities listed in point 1.

3. The list of entities and institutions that perform tasks related to out-of-court resolution of consumer disputes and detailed information in this regard can be found on the website of the Office of Competition and Consumer Protection, available at the URL address https://www.uokik.gov.pl.

§10. Withdrawal from the contract

1. The provisions contained in this article regarding the right to withdraw from the contract by Consumers shall apply to a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting from in particular, from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

2. The consumer may withdraw from the contract, including the Sales contract, without giving any reason, within 14 days, subject to the standards indicated in the information on withdrawal from the contract, attached to the Regulations.

3. The consumer may withdraw from the contract by submitting a statement of withdrawal from the contract to the Seller. The statement may be submitted on the form, the template of which is attached to the Regulations.

4. Immediately, but not later than within 14 days from the date on which the Consumer withdrew from the contract, he is obliged to return the Goods to the Seller or hand them over to the person authorized by the Seller. To meet the deadline, it is enough to send back the Goods before its expiry. This provision does not apply if the Seller has offered to pick up the Goods himself.

5. The consumer is responsible for the decrease in the value of the Goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

6. In the event of withdrawal from the contract, it is considered void. If the Consumer submitted a declaration of withdrawal from the contract before the Seller accepted his offer, the offer ceases to be binding.

§11. Data and cookie processing

1. Information on the conditions for the processing of personal data can be found in the Store’s Privacy and Cookies Policy.

2. Information about the cookies used can be found in the Store’s Privacy and Cookies Policy.

§12. License terms

1. The Seller grants to Customers using the Store a free license for their own personal use and in order to enable the use of the Store, subject to these conditions.

2. The name of the Store, the graphic design of the Store, the structure of the Store, the Store, the source or compiled code of the Store, websites used to operate the Store and any documents developed by the Seller in connection with the provision of the Store, including related works, including the Regulations and other documents or messages sent in connection with the provision of services are works within the meaning of the copyright law. The Seller does not transfer to the Customer the economic copyrights to the Store or any works constituting its part, nor the right to grant permission to dispose of the economic copyrights to these works or the Store and use them, as well as to exercise other derivative rights, not reserved in the license conditions .

3. The right to use the Store and related works is valid in the following fields of use: saving and playing in the memory of a telecommunications device at a place and time chosen by you, and access and display via a telecommunications device at a place and time you choose.

4. The customer may not: rent, lease or resell the works or any part thereof, as well as create derivative works based on them, make changes to the works, remove information about ownership or copyright that may appear in the area of ​​the works, use the works in purposes that violate the applicable provisions of common law or ethical and moral standards.

5. The license is unlimited in time, unlimited in terms of territory and non-exclusive, and applies to the entire Store and related works. The Seller retains the exclusive rights to decide on maintaining the integrity of the Store.

6. By publishing any content in the Store, in particular: comments or opinions, the Customer grants the Seller a free, unlimited in time, unlimited territory and non-exclusive license to use them in the following fields of use: publication in the area of the Store’s website, saving and reproducing in memory of a telecommunications device at a place and time of their choice, access and display via a telecommunications device at a place and time of their choice, while retaining the right to grant sublicenses referred to in the points above, in order to enable customers to use the Store.

7. The Customer acknowledges that it is forbidden to provide the Store or through it with the following content:

1. unlawful,

2. that may mislead other Customers,

3. violating the personal rights of Customers, the Seller or third parties,

4. generally recognized as offensive, vulgar or violating decency, in particular: pornographic content, content promoting the use of drugs or excessive alcohol consumption, content inciting to racism, xenophobia or spreading hatred.

8. The Seller is entitled to remove or moderate content that violates the provisions of the Regulations.

§13. Applicability and change of the regulations

1. The Regulations come into force within 3 days from the date of its publication on the Store’s website.

2. Changes to the Regulations may occur due to changes in the law regarding the subject of the provision of Services, as well as due to technical or organizational changes regarding the services provided by the Seller.

3. The Regulations are changed by publishing their new content on the Store’s website.

4. The amendment to the Regulations does not apply to Sales contracts concluded before the date of its amendment.

5. The publication of information about the change in the Regulations takes place in the area of ​​the Store’s website, within 3 days before the date of its new wording.

6. The Seller sends information by e-mail about the change in the Regulations, in the event that the parties are bound by an agreement concluded for an indefinite period.

§14. Final Provisions

1. The meaning of terms written with a capital letter is consistent with the explanations provided in the section describing the definitions used in the Regulations.

2. The Seller is not responsible for:

1. interruptions in the proper functioning of the Store and improper provision of Services, caused by force majeure, in relation to Customers who are not Consumers,

2. interruptions in the proper functioning of the Store and improper performance of Services for Customers who are not Consumers, caused by technical activities or reasons attributable to entities through which the Seller provides Services,

3. benefits lost by Customers who are not Consumers.

3. If it is not possible to resolve the dispute amicably between the Seller and the Customer who is not a Consumer or a Consumer not residing in the territory of the Republic of Poland, in the circumstances allowing for such a possibility by the provisions of its national law, the competent court for its settlement shall be the court competent for the registered office of the Seller..

4. In relation to Customers who are not Consumers or to Consumers not residing in the territory of the Republic of Poland, in the event that the provisions of their national law allow for such a possibility, as the law applicable to the performance of the contract concluded with the Seller and the settlement of disputes related thereto, the law of the Republic of Poland shall apply.

5. The provisions of the Regulations are not intended to exclude or limit the rights of the Customer who is a Consumer, resulting from the provisions of local generally applicable law.

6. In relation to contracts concluded with the Seller, in the event of non-compliance of the Regulations with the provisions of law generally applicable in the Consumer’s country, these provisions shall apply.

7. In the event that the provisions of the Regulations turn out to be invalid or ineffective, this circumstance does not affect the validity and effectiveness of the remaining provisions of the Regulations. Instead of invalid or ineffective provisions, the standard corresponding to what the parties have agreed or what they would have agreed if they had included such a provision in the Regulations shall apply.

§15. Definitions used in the regulations

Working days are days of the week from Monday to Friday, excluding public holidays.
Delivery is the process of delivering the Goods to the Customer to the destination indicated by him, carried out through the Carrier.
The Client is a natural person, provided that he has full legal capacity or limited legal capacity in cases governed by generally applicable law or subject to the consent of his statutory representative, as well as a legal person or an organizational unit without legal personality for which the provisions of generally applicable law grant legal capacity that concludes a contract for the provision of the Service with the Seller.
A consumer is a customer who is a natural person and concludes a contract for a purpose not directly related to his business or professional activity.
The basket is a functionality of the Store, enabling the Customer to complete orders for Goods.
The Carrier is an entity that provides Goods Delivery services in cooperation with the Seller.
The Regulations are these contractual conditions, the subject of which is the provision of Services electronically by the Seller to Customers via the Store.
The store is a store run by the Seller via a website available on the Internet at the URL: theonering.pl.
The seller is Adam Bykowicz, running a business under the name THEONE ADAM BYKOWICZ, with its registered office in Józefosław (05-500) at ul. Cynamonowa 7, registered in the Central Register and Information on Economic Activity kept by the Minister of Development, under NIP number 5213104795 and REGON number 365715503, being the service provider, administrator and owner of the Store. The Seller can be contacted by phone: 606814062 and using the e-mail address: bykowicz@theonering.pl.
Sale is a Service for the sale of Goods, provided by the Seller to the Customer, the subject of which is the Seller’s obligation to transfer the ownership of the Goods to the Customer and their release, and the Customer’s obligation to collect the Goods and pay the Seller the indicated price.
Goods are items presented in the Store area by the Seller for the purpose of Sale.
The service is a service provided by the Seller to the Customer, on the basis of an agreement concluded between the parties via the Store. The conclusion of the contract takes place as part of an organized distance contracting system, without the simultaneous physical presence of the parties.

INFORMATION ON EXERCISING THE LAW
WITHDRAWAL FROM THE AGREEMENT
NOTICE OF WITHDRAWAL FROM THE AGREEMENT

The provisions contained in this instruction regarding the right to withdraw from the contract by Consumers apply to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
Being a Consumer, you have the right to withdraw from the contract concluded in our Store within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the day:

1. in which you came into possession of the item or in which a third party other than the carrier and indicated by you came into possession of the item – in the case of a contract obliging to transfer the ownership of the item (e.g. sales contract, delivery contract or contract for a specific work being a movable thing) ,

2. conclusion of the contract – in the case of contracts for the provision of services.

In order to meet the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
To exercise the right of withdrawal, you must inform us: THEONE ADAM BYKOWICZ, ul. Cynamonowa 7/1, 05-500 Józefosław, e-mail: bykowicz@theonering.pl, about your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
When withdrawing from the contract, you can use the model withdrawal form, but it is not mandatory. The form template is attached to the regulations for the provision of electronic services as part of the Store.

CONSEQUENCES OF WITHDRAWAL FROM THE AGREEMENT

If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivering the goods (except for the additional costs resulting from the type of delivery chosen by you other than the least expensive type of standard delivery offered by us), immediately and in any event not later than 14 days from the day on which we were informed about your decision to exercise the right to withdraw from this contract.
We will refund the payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this return. We may withhold the reimbursement until receipt of the item or until you provide us with proof of its return, whichever occurs first.
If you have received items in connection with the contract, please send back or hand over the item to the address THEONE ADAM BYKOWICZ, ul. Cynamonowa 7/1, 05-500 Józefosław, immediately, and in any case not later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the item before the period of 14 days has expired.
Please note that you will have to bear the direct cost of returning the item. The amount of these costs is estimated at a maximum of approximately PLN 25.00.
You are only responsible for the decrease in the value of the item resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the item.

TEMPLATE WITHDRAWAL FROM THE CONTRACT

(this form should be completed and returned only if you wish to withdraw from the contract)

Addressee: THEONE ADAM BYKOWICZ, ul. Cynamonowa 7/1, 05-500 Jozefoslaw | bykowicz@theonering.pl
I/We(*) hereby give notice(*) of my/our withdrawal from the contract of sale of the following items(*) the contract for the supply of the following items(*) the contract for a specific task consisting in the performance of the following items(*)/for the provision of the following service( *):
Date of conclusion of the contract(*)/receipt(*):
First name and last name:
Address:
Signature:
(only if the form is sent on paper)
Date:
(*) Delete where not applicable.

COMPLAINT FORM

(this form can be completed and returned if you wish to submit a warranty claim)

Addressee: THEONE ADAM BYKOWICZ, ul. Cynamonowa 7/1, 05-500 Józefosław
Customer’s name and surname:
Customer address:
Customer phone number:
Customer’s e-mail address:
As contact details that will be used to respond to the complaint and conduct correspondence related to it, I indicate:
[ ] Postal address:
[ ] e-mail adress:
The complaint concerns::
[ ] the sales contract of __________ of the goods:
[ ] contract for the provision of another service:
[ ] other:
Date of finding the reason for the complaint:
Description of the problem:
Complaint request:
[ ] removal of the defect of the goods or services
[ ] replacement of goods free from defects
[ ] lowering the price of the goods
[ ] withdrawal from the contract
The seller informs that:
The goods may be covered by the manufacturer’s or distributor’s warranty. In this case, the customer is entitled to complain about the goods using the rights resulting from the guarantee, by making a complaint to the guarantor. Filing a complaint to the guarantor can be made through the Seller or directly to the guarantor. The customer may exercise the rights under the warranty for physical defects of the goods, regardless of the rights arising from any warranty.
Submitter’s signature: