AUTHORIZED E-STORE WITH PHILIPS BRAND ACCESSORIES

Regulations of the philipsagd.pl online store

§1. Definitions and acronyms

The names used in these Regulations mean:

1. Check-box - a selection button in the shape of a small rectangle, which can be selected by left-clicking on it or the touch pad
2. COOKIES - electronic data collected by the web browser in the memory of the device used by the User
3. WORKING DAYS - means all days of the week, excluding Saturdays and public holidays, in accordance with the Act of 18 January 1951 on non-working days (Journal of Laws 1951 No. 4 item 28)
4. CUSTOMER - means the Buyer or the Customer
5. CIVIL CODE - Act of April 23, 1964 (Journal of Laws of 1964 No. 16, item 93, as amended)
6. CONSUMER - means a natural person making a legal transaction with the entrepreneur not directly related to his business or professional activity
7. BUYER - means a natural person, legal person and organizational unit without legal personality, to which the law confers legal capacity, purchasing goods from the Seller
8. RECEIPT OF GOODS - means taking possession of the goods by the Consumer or a third party indicated by him other than the carrier
9. POLISH LAW - means the law generally applicable on the territory of the Republic of Poland
10. PRODUCT / GOODS - means a movable item being the subject of a sales contract concluded between the Buyer and the Seller
11. ENTREPRENEUR - means a natural person, legal person and organizational unit without legal personality, to whom the law confers legal capacity, conducting business or professional activity on its own behalf, carrying out a legal act directly related to its business or professional activity
12. REGULATIONS - this document being a contractual model on the basis of which agreements are concluded between the Seller and the Buyers and the Service Recipients, in particular specifying the conditions for the sale of goods and services by the Seller / Service Provider and fulfilling the information obligations imposed on Users by statute imposed on the Seller / Service Provider
13. GOODS COMPLAINTS - means, related to the recognition by the Consumer that the goods are defective, withdrawal by the Consumer from the contract concluded with the Seller or the Consumer's request to reduce the price or to repair or replace the goods with a new one
14. SERVICE COMPLAINTS - means all claims of the Consumer due to generally applicable law in connection with the improper performance of the service by the Service Provider
15. SHOP - means an enterprise using the philipsagd.pl website in order to enable Users to conclude distance contracts with the Seller / Service Provider
16. SELLER / SERVICE PROVIDER - means the owner of the philipsagd.pl Online Store - Andrzej Matacz, conducting business activity under the company AMPOL PHU ANDRZEJ MATACZ with its registered office in Szczecin: ul. Pocztowa 37A (zip code: 70-357 Szczecin), with NIP number 8521809398, REGON number 810936499, entered in the Central Register and Information on Economic Activity, kept by the minister responsible for economy, e-mail address: sklep@philipsagd.pl
17. TRADITIONAL WRITTEN FORM - means a document on a paper medium containing the handwritten signature of the author of the document
18. SERVICE - means the actual act undertaken by the Service Provider to meet the specific needs of the Service Recipient (the sale is not a service but a named contract stipulated in the Civil Code)
19. recipient of the service - means a natural person, legal person and organizational unit without legal personality, to which the law confers legal capacity, using the electronic service provided by the Service Provider
20. CONSUMER RIGHTS ACT - means the Act of 30 of May 2014 on consumer rights (Journal of Laws of 2014, item 827)
21. USER - means a natural person, legal person and organizational unit without legal personality, to whom the law confers legal capacity, using the website philipsagd.pl
22. SUBMIT AN ORDER - submitting to the Seller an offer to conclude a sales contract by providing him with the content of the order

§2. General provisions

1. The core business of the philipsagd.pl Store is trade in products, including Philips brand accessories, using electronic means of communication, on the territory of the Republic of Poland.
2. The technical requirements necessary to cooperate with the ICT system used by the Seller / Service Provider are as follows:

  • Internet connection
  • any Internet browser that supports the html and php standards installed in the device used by the User,
  • cookies enabled
  • active e-mail account.

3. Store customers can be both Consumers and non-Consumers.
4. The presentation on the Store's website constitutes an invitation to conclude a contract (in accordance with the provisions of Article 71 of the Civil Code).
5. All prices of goods posted on the philipsagd.pl website include VAT.
6. The seller is obliged to deliver goods without defects.
7. It is prohibited for Users to provide illegal content to the Online Store.

§3. The procedure of placing and executing orders of goods, concluding sales contracts

1. Orders from Users are accepted through the website philipsagd.pl 7 days a week for 24 hours a day.
2. To place an order in the Store by completing the online order form, the User should complete the following steps:

  • search for a product on the store's website,
  • click on the button with the words "Add to cart" next to the description of the selected product to add the preferred product to the virtual cart,
  • choose the preferred method of delivery and payment,
  • go to the subpage with the virtual basket by clicking on the button labeled "Go to payment",
  • provide personal data, the entry of which is voluntary, but necessary to complete the order (name, surname, street and house / flat number, zip code, city name, telephone number, e-mail address),
  • read the regulations;
  • check the box next to the statement of acceptance of the regulations (the statement of acceptance of the regulations is not absolutely binding for the User who is a Consumer, as the provisions of the Regulations may not violate the rights of the Consumer under mandatory provisions of Polish law, and may not shape the rights and obligations of the Consumer in way contrary to decency, grossly violating his interests);
  • click on the button that says "Place order",
  • forward the contents of the order to the Seller by clicking on the button with the words "I order and pay" meaning that the obligation to pay will update when receiving from the Seller, via the Store's IT system, an e-mail containing confirmation of receipt of the order, confirmation of the purchase terms and in the attachment to these regulations store.

3. The sales agreement between the Seller and the User shall be concluded upon receipt from the Seller, via the Store's IT system, of the e-mail referred to in the previous paragraph (containing confirmation of receipt of the order, confirmation of the purchase terms and in these Annex the Store's regulations).
4. The price given for each product is binding upon placing the order by the User.
5. The buyer may choose the following payment methods for purchased goods:

  • prepayment by bank transfer to the Seller's bank account,
  • by transfer or Blik via the AutoPay online payment system
  • by transfer via the PayPal online payment system

6. The delivery time of the ordered goods consists of: the time needed to pack the goods and hand them over to the courier (time to prepare the goods for shipment) and delivery time.
7. The process of preparing for shipment of goods with the "In stock" status begins after the funds are credited to the Seller's bank account.
8. The process of preparing imported goods with the "Product in central warehouse" status for shipment begins after they are imported from the Philips central warehouse.

9.The maximum time for preparing goods for shipment is 14 business days. 

 

§4. Delivery of goods

1. The maximum delivery time is 10 working days.
2. The Seller informs that in the event of damage to the consignment in transport, in accordance with generally applicable provisions of Polish law, the Buyer has the right to request the supplier to draw up a damage report in a situation where the supplier does not draw up a damage report on his own initiative. If the Buyer receives a damage report from the supplier, the Seller recommends that this document be kept and a copy sent to the address of the Seller's registered office, as this may contribute to faster consideration by the Seller of the complaint submitted by the Buyer.

3. The amount of delivery fees is displayed on the screen of the device used by the User while completing the electronic order form available on the philipsagd.pl website (before the conclusion of the sales contract). In addition, the amount of fees is also specified in the tab Payment and shipping terms. This amount corresponds to the amount of delivery fees charged to the Seller by the suppliers (courier or postal operator).

4. The cost of returning an unclaimed shipment, in the amount of PLN 25, is borne by the Buyer.

§5. The right to withdraw from the contract without giving a reason

 

A NOTICE

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise your right of withdrawal, you must inform us (Ampol PHU | Andrzej Matacz, Pocztowa 37a, 70-357 Szczecin, NIP: 852-180-93-98, Contact numbers: 731-306-000, 731-307-000, sklep@philipsagd.pl) of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail). You can use the model withdrawal form, but it is not obligatory.

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.

Consequences of withdrawal from the contract

In the event of withdrawal from this contract, we will reimburse you all payments received from you, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by you other than the cheapest standard delivery method offered by us), immediately, and in any case no later than 14 days from the date on which we are informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement. We may withhold the reimbursement until we receive the item or until proof of its return is provided to us, whichever occurs first.

Please send back or give us the item [Ampol PHU | Andrzej Matacz, Pocztowa 37a, 70-357 Szczecin], immediately, and in any case not later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct costs of returning the goods: The amount of these costs is estimated at a maximum of PLN 100,00.

You are only responsible for reducing the value of things resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of things.

Exceptions to the statutory right of withdrawal

The right to withdraw from the contract by the consumer is excluded in the case of:

- a contract in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;

- a contract where the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;

- an agreement where the subject of the service is an item that deteriorates quickly or has a short shelf-life;

- a contract where the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery;

- a contract where the subject of the service are items which after delivery, due to their nature, remain inseparably connected with other items;

- a contract where the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the sales contract, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the entrepreneur has no control;.

- a contract in which the consumer has expressly requested the entrepreneur to come to him for urgent repairs or maintenance. If the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or items;

- an agreement where the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;

- contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;

- a contract concluded at a public auction;

end of instruction

Warning: The Seller kindly asks the Consumer, unless it is a nuisance to him, to attach to the declaration of withdrawal or to the returned goods a copy of the receipt or VAT invoice or other proof of the transaction, as this may contribute to accelerating the refund of amounts due to the Consumer by way of withdrawal by the Consumer from contract. In the event of loss of a receipt or VAT invoice and having no other proof of the transaction, the Consumer is asked to attach to the statement of withdrawal or to the returned goods a statement in the traditional written form about the loss of the receipt or VAT invoice. It is possible to use the model statement about the loss of a receipt available here.

§6. Complaints about goods purchased after December 25, 2014.

1. The Seller is liable to the Buyer who is a Consumer for the defectiveness of the goods to the extent specified by the provisions of the Civil Code, in particular the provisions on warranty (art. 556 - 576 (4) of the Civil Code).
2. The Consumer may submit a complaint in any form (e.g. by phone at (91) 484-90-61, in traditional writing to the address of the Seller's registered office indicated in §1, by e-mail to: sklep@philipsagd.pl).
3. The Seller will respond to the consumer's complaint requests immediately, but not later than within 14 days from the date of submitting the complaint by the Consumer.
4. The claimed product should be sent to the address of the Seller's registered office specified in §1.
5. The consumer may submit complaints under the warranty for a period of 2 years from the date of receipt of the goods.
6. The Seller kindly asks the Consumer, unless it is a nuisance to him, to attach to the advertised product a copy of the receipt or VAT invoice or other evidence of the transaction, as it may contribute to faster consideration of the complaint by the Seller. In the event of loss of a receipt or VAT invoice, and having no other proof of the transaction, the Consumer is asked to attach to the advertised product a statement in the traditional written form about loss of the receipt or VAT invoice. It is possible to use the model statement about the loss of a receipt available here.
7. The Seller recommends to the Consumer, if it is not a nuisance to him, to use the complaint with complaint form. The use of the form is under no circumstances necessary for the Seller to consider the complaint, but it may contribute to accelerating the complaint procedure.
8. In the case of a sales contract concluded with a Buyer being an Entrepreneur making a purchase as part of their business activities, the Seller's liability to the Buyer under the warranty is excluded.

 

§7. Services provided electronically

1. Services provided by the Service Provider by electronic means are free. The sale of goods is not an electronic service.
2. Services provided by the Service Provider by electronic means include:

  • providing the Internet user with access to product descriptions (including photos) via the website,
  • providing the user with an Internet network using the philipsagd.pl website order form.

3. The Service Recipient may at any time terminate the Service Provider's provision of services referred to in the previous paragraph by leaving the website philipsagd.pl.
4. Complaints regarding services provided by the Service Provider electronically may be submitted by the Service Recipient in electronic form (by sending an e-mail to the e-mail address sklep@philipsagd.pl) or in traditional written form (by sending a letter to the address of the Service Provider's registered office indicated in §1).
5. The Service Provider will respond to the complaint regarding the service provided electronically within 14 days from the date of its receipt.

§8. privacy policy

1. The administrator of the Buyer's personal data is the Seller / Service Provider (detailed data of the Seller / Service Provider are provided in §1).
2. Personal data of Buyers are processed by the Administrator solely for the purpose of implementing sales contracts concluded with him by Buyers via the philipsagd.pl Online Store, issuing invoices or bills to Buyers and conducting financial reporting.
3. Personal data of Buyers are processed by the Administrator solely for the purpose of performing services provided electronically and implementing contracts concluded through the Online Store.
4. Buyers have the right to inspect their personal data, correct it and request removal.
5. The philipsagd.pl website uses cookies. Detailed information on these files can be found in the tab Cookie Policy.
6. The user has the option of disabling cookies in the web browser. Turning off the cookie storage option results in the loss of functionality of the Online Store, and in particular prevents the submission of an order using the form available online on the website philipsagd.pl.
7. The Administrator requests that all questions, requests and suggestions relating to the protection of Buyers' personal data be sent to the e-mail address sklep@philipsagd.pl or by phone at (91) 484-90-61.

§9. Final Provisions

1. In accordance with art. 1836 of the Code of Civil Procedure, in the event of a dispute between the Seller / Service Provider and the Customer, the Customer may submit to the permanent mediator an application for mediation, accompanied by proof of delivery of his copy to the Seller / Service Provider. Information on lists of permanent mediators and mediation centers can be obtained at any District Court. In addition, in accordance with the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2001 No. 4, item 25 No. 110, item 1189), in the event of a dispute between the Seller and the Customer being a Consumer, the Customer being A consumer may submit an application to the Provincial Trade Inspector to initiate mediation proceedings.
2. The court having jurisdiction to settle disputes arising from the contracts concluded by Consumers via the Online Store with the Seller / Service Provider is the court having jurisdiction under the provisions of the Code of Civil Procedure. However, in accordance with the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2001 No. 4, item 25 No. 110, item 1189) and the ordinance of the Minister of Justice of 25 September 2001 on determining rules of organization and operation of permanent consumer courts of arbitration (Journal of Laws of 2001, No. 113 item 1214). A customer who is a consumer may submit a request for consideration of a case to the Permanent Consumer Arbitration Court acting at the Voivodship Trade Inspector. However, pursuant to §15 of the abovementioned Regulation, such a request is not binding on the Seller / Service Provider (the Seller / Service Provider may or may not agree to resolve the dispute by the Permanent Consumer Arbitration Court).
3. The court having jurisdiction to resolve disputes arising from contracts concluded with the Seller / Service Provider by the Entrepreneurs via the Online Store is the court in whose district the seat of the Seller / Service Provider is located.
4. In matters not covered by these Regulations, generally applicable provisions of Polish law, in particular the Civil Code, shall apply.
5. The provisions of the Regulations do not exclude or limit any rights of Users (including Customers) who are Consumers within the meaning of the provisions of the Civil Code, which they are entitled under generally and mandatory provisions of Polish law. In the event of a conflict between the provisions of the Regulations and these provisions, priority shall always be given to generally and absolutely applicable provisions of Polish law.
6. The content of these Regulations may be changed only after informing Users about the changes at the latest 7 days prior to their entry into force. Orders placed before the entry into force of the amendments will be implemented in accordance with the text of the Regulations before the entry into force of the amendments. In the event that the User does not agree to the content of the introduced changes, he has the option of deleting his account from the Online Store.
7. These Regulations can be reproduced, recorded and acquired free of charge by entering the subpage https://philipsagd.pl/regulamin/ and print or save the html file with the regulations on the computer's hard disk or other media.
8. These Regulations have been in force since 16.04.2015.