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TERMS AND CONDITIONS – SYLVECO.COM ONLINE SHOP
I. Definitions
Seller – SYLVECO Piela Radosław company with its registered office in 36-004 Łąka, Łąka 260F, Poland, entered into the Register and Information on Economic Activity, maintained by the Head of Trzebownisko Commune. NIP (Tax Identification Number): 5170422903, REGON (National Official Business Register): 521121157.
Shop – website belonging to the Seller, available under sylveco.com domain, through which the Customer can purchase Goods from the Seller.
Customer – a natural person who is at least 13 years old, however, if this person is not 18 years old, the consent of his/her legal representative is required, as well as a legal person and an organizational unit which is not a legal person, to which special provisions grant legal capacity, and which places or intends to place an order or use other services of the Shop (including the Consumer).
Consumer – a natural person carrying out a legal action (sales contract through the Shop) not directly related to his/her business or professional activity.
Terms and conditions – these Terms and Conditions specifying the rules of providing services by electronic means by the Seller.
Goods – a movable item, displayed in the Shop, which may be the subject of a sales contract, specified in detail in the order.
Order Form – a service available on the Shop’s website by means of which a Customer who does not have a user account may purchase Goods.
II. General provisions
- These Terms and Conditions specify the terms and conditions of concluding a sales contract between the Seller and the Customer for the sale of the Goods, using means of distance communication and the use of the Shop by the Customer, available at sylveco.com website.
- With regard to services provided by electronic means, these Terms and Conditions are regulations referred to in Article 9 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002 No. 144, item 1204, as amended). The Terms and Conditions are addressed to all Customers of the Shop. The Customer is obliged to observe all provisions of the Terms and Conditions. The sale is based on the version of these Terms and Conditions, valid at the time of order placement.
- All information contained on the Shop’s website relating to the products (including prices) does not constitute an offer within the meaning of Article 66 of the Civil Code and only serves as an invitation to execute a contract as defined in Article 71 of the Civil Code.
III. Placing an Order and Order processing
- In order to use the services of the Shop, users of this website must read through these Terms and Conditions and accept them. The Customer accepts these Terms and Conditions by placing an order.
- The Customer may place an order in the Shop via sylveco.com Shop and by sending an e-mail to sklep@sylveco.pl, 7 days a week, 24 hours a day. After placing an order, the Customer receives a confirmation of the order via e-mail.
- When the Customer receives a confirmation of acceptance of the offer, the Seller starts processing the order.
- Orders placed in the Shop are processed during the Shop’s business hours (weekdays, Monday to Friday, from 8 am to 5 pm).
- An invoice is issued for each order. The Purchaser, accepting these Terms and Conditions, agrees to receive an invoice in electronic form.
- The available means of communication between the Customer and the Shop are:
- Telephone – +48 17 771 38 30
- E-mail – sklep@sylveco.pl
- Fax – +48 17 771 38 35
- Correspondence address – SYLVECO Łąka 260F, 36-004 Łąka, Poland.
- The price stated in the order is the total price the Customer will be obliged to pay together with the due tax and the delivery costs.
- If the Consumer is obliged to pay more than the agreed price, which includes the elements specified in paragraph 7 above, the Shop shall inform the Consumer about this fact. The additional costs will be charged to the Consumer only after obtaining the Consumer’s express consent.
- The Shop’s offer and order processing are valid in the following countries: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
IV. Delivery costs and delivery time
- The delivery of the order from the Shop is performed by a courier company.
- The delivery cost determined by the prices offered by the carrier is fixed and depends on the weight of the delivery.
- Orders placed in the Shop are processed only on weekdays. Orders placed on Saturdays, Sundays and public holidays are processed on the first following business day.
- Waiting time for the delivery consists of the time of the order processing (picking of goods up to 2 business days) + expected delivery time, specified by the courier company.
V. Payment methods
- Method of payment for the order: online via Paypal or by payment card.
VI. Complaint
- The Seller is liable under warranty for physical and legal defects of the Goods to the extent specified in Article 556 and subsequent acts of 23 April 1964 – the Civil Code (Journal of Laws of 2014, item 121).
- A physical defect of the Goods consists in non-compliance of the sold product with the contract, so if the Goods do not have qualities that they should have due to the purpose of the contract, resulting from the circumstances or purpose, do not have qualities about which the Seller assured the Customer, are not suitable for the purpose of which the Customer informed the Seller at the conclusion of the contract, and the Seller did not raise objections to such purpose, the Goods have been released to the Customer in incomplete condition.
- A legal defect of the Goods occurs when the Goods are owned by a third party or are encumbered with the right of a third party, when a restriction in use or disposal results from a decision or ruling of a competent authority.
- For the Consumer, public assurances of the producer or the entity which introduces the Goods to the market within the scope of its business activity, or which presents itself as the producer, are treated as equal to the assurance of the Seller. However, the Seller is not liable if these assurances were not known or could not have been known to him/her, or if these assurances could not have influenced the Consumer’s decision to execute the sales contract, and if the content of these assurances was corrected before the execution of the sales contract.
- The Seller is liable under the warranty if a physical defect is found within two years from the date of handing over the Goods to the Customer.
- For the Consumer, if a physical defect was found within one year from the date of handing over the Goods, it is presumed that the defect or its cause existed at the time of handing over the Goods.
- The Seller is liable under warranty for physical defects of the Goods which existed at the moment of transferring the risk to the Customer or resulted from the cause inherent to the sold product at the same time.
- If the Goods have a defect, the Customer may submit a declaration of a price reduction or withdrawal from the contract unless the Seller immediately replaces the defective Goods with a defect-free Goods or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with a defect-free one or remove the defect.
- If the Goods have a defect, the Customer may also demand that the Goods be replaced by a defect-free one or that the defect be removed.
- The Consumer may, instead of the removal of a defect proposed by the Seller, demand replacement of the Goods with a defect-free one, or demand removal of the defect instead of replacement of the Goods, unless bringing the Goods to comply with the contract in the manner selected by the Consumer is impossible or would require high costs compared to the manner proposed by the Seller.
- The Customer cannot withdraw from the contract if the defect is immaterial.
- The Seller agrees to respond to the complaint within 14 days of receipt.
- If the complaint is justified, the Seller agrees to replace the defective Goods with a defect-free Goods or remove the defect within 14 days from the date of reporting the complaint by the Customer.
- In the case of an effective withdrawal from the contract, the Seller agrees to return the payment within 14 days from the date of receipt of withdrawal from the contract, with the reservation that the return of payment is not made until the Goods are returned or the Consumer provides evidence of their return.
- Claim for removal of a defect or replacement of the Goods with a defect-free one shall be limited to one year from the date of finding the defect. For the Consumer, the time-limit may not end before two years have elapsed.
- The Customer executing rights resulting from the warranty at the expense of the Seller will deliver defective Goods to the Seller to the address indicated in part III paragraph 6(d) of these Terms and Conditions.
Complaint form.
VII. Right of withdrawal
- According to the Act of 30 May 2014 on Consumer Rights, the Consumer may withdraw from the sales contract of Goods purchased in the Shop without giving any reason, by making a written statement within 14 days, counting from the date of delivery of the Goods (i.e. from the date of receipt of the Goods by the Consumer). Sending the statement before the time-limit ends is sufficient to meet this time-limit.
- The Consumer may withdraw from the contract by submitting a withdrawal form to the Seller. The withdrawal form template is appended to these Terms and Conditions.
- The withdrawal form should be sent to the following address: SYLVECO Łąka 260F, 36-004 Łąka, Poland.
- The Consumer will return the Goods to the Seller within 14 days from the day on which the Consumer withdrew from the contract. Returning the Goods before the time-limit ends is sufficient to meet this time-limit.
- The goods should be returned to the Seller’s address: SYLVECO Łąka 260F, 36-004 Łąka, Poland.
- Within 14 days from the date of receipt of the withdrawal form, the Seller returns all payments made by the Consumer, including the delivery cost of the Goods; however, the return of payment is not made until the Goods are returned or the Consumer provides evidence of their return.
- The Seller will return the payment using the same payment method as used by the Consumer.
- The Consumer bears the costs of returning the Goods to the Seller.
VIII. Personal data processing
- The Shop processes Customers’ personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119 of 04 May 2016, p. 1, as amended). – hereinafter referred as “GDPR”. Whenever these Terms and Conditions refer to the personal data processing, this should be understood as data processing within the meaning of Article 4(2) of the GDPR.
- Providing personal data by a Customer using the Shop is voluntary, but necessary to use the services provided by the Shop, including making purchases, registering accounts, placing product orders and receiving a newsletter.
- The Controller of personal data of the Shop’s Customer is “SYLVECO Piela Radosław”, with its registered office at Łąka 260F, 36-004 Łąka, Poland, e-mail: biuro@sylveco.pl, tel. 17 771 38 30.
- The Data Protection Officer appointed by SYLVECO may be contacted by e-mail rodo@sylveco.pl or in writing, by sending correspondence to the Controller’s registered office address indicated in paragraph 2.
- The Customer provides his/her personal data. When providing personal data of another natural person, the Customer is obliged to ensure beforehand the legal requirements for the processing of personal data specified, in particular, by the provisions of the GDPR.
- If the Customer gives his/her additional consent, his/her personal data will be processed by the Shop in order to send the Customer a newsletter containing information about services, products and special offers provided by the Shop.
- The Newsletter will be sent to the Customer at the e-mail address or telephone number indicated by the Customer.
- The Customer can unsubscribe from the Newsletter at any time by informing the Shop Customer Service.
- Detailed information concerning the purpose, scope, as well as methods of processing the Customer’s personal data by the Shop, as well as the Customer’s rights in connection with the processing of personal data by the Shop, are available in the Privacy Policy, available at https://sylveco.pl/polityka-prywatnosci/.
IX. Final provisions
- The Terms and Conditions set out the terms and conditions of concluding and performing the sales contract for goods on the Shop’s website.
- The sales contract is concluded between the Customer and the Seller – SYLVECO. The essential provisions of the concluded contract are preserved, secured and made available by printing out and handing over to the Customer together with the delivery of documents confirming the purchase of the Goods.
- The Terms and Conditions are available to all Customers in an electronic version on the Shop’s website https://sylveco.com.
- In order to use the Shop, it is necessary to have devices allowing access to the Internet and an Internet browser enabling the display of webpages, as well as an e-mail address enabling the sending of information concerning the order processing.
- Persons using the Shop (including Customers) must not place illegal content in the Shop.
- In matters not regulated by these Terms and Conditions, the provisions of generally applicable law shall apply.
- These Terms and Conditions do not exclude or limit any rights of the Customer who is a consumer, which he/she is entitled to under the mandatory provisions of law. In the case of conflict between the provisions of these Terms and Conditions and the mandatory legal provisions granting rights to consumers, these provisions shall prevail.
- The law applicable to contracts concluded with Customers is Polish law, according to which the contract should be construed. However, Polish law may not deprive the Consumer of the protection afforded to him/her by provisions which cannot be excluded by contract by virtue of the law of the Consumer’s country.
Cookies policy
- Sylveco.com website automatically collects only information contained in cookies.
- Cookies are text files that are stored in the user’s end device. They are intended for use on the website. Most importantly, they contain the name of the website of their origin, their unique number, and the storage time on the end device.
- Website operator, SYLVECO Piela Radosław, with its registered office at 36-004 Łąka, Łąka 260F, Poland, entered into the Register and Information on Economic Activity, maintained by the Head of Trzebownisko Commune, is an entity placing cookies on the user’s end device and having access to them.
- The website operator uses cookies for the following purposes: adjusting the content of the website to the individual preferences of the user, mainly these files recognize his / her device to display the page according to his/her preferences; preparing statistics that help to learn about the preferences and behaviour of users, the analysis of these statistics is anonymous and enables to adjust the content and appearance of the website to the prevailing trends, the statistics are also used to assess the popularity of the website; the possibility of logging in to the website; maintaining the user’s login on each subsequent page of the website.
- The website uses two basic types of cookies: session and persistent. Session cookies are temporary, they are stored until the user leaves the website (by entering another website, logging out or closing the web browser). Persistent cookies are stored in the user’s end device until they are deleted by the user or for the time resulting from their settings.
- The user may change the settings of his/her web browser at any time to block the use of cookies or to obtain information about them being placed on his/her device. Other options available can be found in the settings of the web browser. Please note that most web browsers are set by default to accept the storage of cookies in the end device.
- The website operator notifies that changes in the settings in the user’s web browser may restrict access to some functions of the website.
- Cookies used by the website (placed on the user’s end device) can be made available to its partners and the advertising companies cooperating with it.
- Information about web browser settings is available in its menu (help section) or on its developer’s website.
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