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Terms and Conditions
Terms and Conditions of AGI.MS online shop
The online shop www.agi.ms takes care of consumer rights. The consumer can not waive the rights granted to him in the Consumer Rights Act. The provisions of contracts less favourable to the consumer than the provisions of the Consumer Rights Act are invalid and in their place apply the provisions of the Act on Consumer Rights. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted to them by virtue of mandatory provisions of law, and any possible doubts should be explained in favour of the consumer. In case of non-compliance of the provisions of these Terms and Conditions with the above provisions, the priority is given to these provisions and should be applied.
1. GENERAL PROVISIONS
1.1 The Online Shop available at the address www.agi.ms is operated by Łukasz Sibiga, entered into the Central Register and Information on Economic Activity of the Republic of Poland (PL-CEIDG) kept by the minister responsible for economy, under numbers: Tax payer identification number (NIP): 1181389857, company registration number (REGON): 365091391, with its registered office in 02-640 Warsaw, ul. Woronicza 31/81, e-mail address: shop@agi.ms.
1.2 These Terms and Conditions are addressed both to the consumers and to the entrepreneurs using the Online Shop unless a section is addressed specifically to the the consumers or to the entrepreneurs.
1.3. The Controller of personal data processed in the Online Shop in connection with the implementation of the provisions of these Terms and Conditions is the Seller. The personal data are processed for purposes within the period and on the basis of the grounds and principles set out in the privacy policy published on the Online Shop website. The Privacy Policy contains primarily the rules for the processing of personal data by the Controller in the Online Shop, including the basics, purposes and the period of processing the personal data and the rights of the persons to whom the data relate, as well as the information on the use of cookie files and analytical tools in the Online Shop. Using the Online Shop, including making purchases is voluntary. Similarly, the provision of personal data by the Service Recipient or the Customer using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory duties of the Seller).
1.4. Definitions:
1.4.1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – the form available in the Online Shop that allows you to create an Account.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in the cases provided for by the generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality for which the law grants legal capacity; - who has concluded or intends to conclude a Sales Contract with the Seller.
1.4.5. CIVIL CODE – Civil Code Act of 23 April 1964 (Dz.U. 1964 nr 16, poz. 93- with amendments).
1.4.6. ACCOUNT – Electronic Service, a set of resources in the Service Provider's IT system marked with an individual name (login) and password provided by the Service Recipient, in which are collected the data provided by the Service Recipient and the information about Orders placed in the Online Shop.
1.4.7. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to receive automatically from the Service Provider cyclical content of subsequent editions of the newsletter containing the information about the Products, new editions and promotions in the Online Shop.
1.4.8. PRODUCT – a movable item available in the Online Shop being the subject of the Sales Contract between the Customer and the Seller.
1.4.9. TERMS AND CONDITIONS – these Terms and Conditions of the Online Shop.
1.4.10. ONLINE SHOP – Online Shop of the Service Provider available at the address: www.agi.ms.
1.4.11 SELLER; SERVICE PROVIDER – Łukasz Sibiga, entered into the Central Register and Information on Economic Activity of the Republic of Poland (PL-CEIDG) kept by the minister responsible for economy, under numbers: Tax payer identification number (NIP): 1181389857, company registration number (REGON): 365091391, with its registered office in 02-640 Warsaw, ul. Woronicza 31/81, e-mail address: shop@agi.ms.
1.4.12 SALES CONTRACT – the Product sales contract which is being concluded or have been concluded between the Customer and the Seller via the Online Shop.
1.4.13 ELECTRONIC SERVICE – the service provided electronically by the Service Provider to the Service Recipient via the Online Shop.
1.4.14 SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, for which the law grants legal capacity; - using or intending to use the Electronic Service.
1.4.15 CONSUMER RIGHTS ACT, ACT – Act of 30 May 2014 on consumer rights (Dz.U. 2014 poz. 827 with amendments).
1.4.16 ORDER - Customer's declaration of intention submitted via the Order Form and aimed directly to conclude the Product Sales Contract with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
2.1. The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.
2.1.1. Account – The use of Account is possible after completing two following steps by the Service Recipient - (1) completing the Registration Form, (2) clicking the "Sign Up" field. In the Registration Form, it is necessary for the Service Recipient to provide the following data: e-mail address and password.
2.1.1.1. The Electronic Account service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: shop@agi.ms.
2.1.2. Order Form - using of the Order Form begins with adding the first Product to the electronic basket by the Customer in the Online Shop. Placing an Order takes place after the Customer has completed two subsequent steps - (1) completing the Order Form and (2) clicking on the Online Shop website after completing the Order Form "Place Order" field - up to that moment it is possible to modify independently all entered data (for this purpose, follow the displayed messages and information available on the Online Shop website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), the e-mail address, the contact telephone number and details of the Sales Contract: Product(s), amount of Product(s), place and method of delivery of the Product(s), the method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and the tax identification number.
2.1.2.1. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service Recipient.
2.1.3. Newsletter - using the Newsletter takes place after providing the e-mail address in the "Newsletter" tab visible on the Online Shop website, to which further editions of the Newsletter are to be sent and clicking the action field. You can also subscribe to the Newsletter by checking the appropriate checkbox when placing Order or creating an Account - once the Order is made or Account is created, the Service Recipient is subscribed to the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving reasons, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: shop@agi.ms.
2.2. Technical requirements essential to support the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) e-mail access; (3) Internet browser: Mozilla Firefox version 17.0 or higher or Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher; (4) recommended minimum screen resolution: 1024×768; (5) enabled option to save Cookie files and Javascript support in the Internet browser.
2.3. The Service Recipient is obliged to use the Online Shop in a manner consistent with the law and good customs, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing unlawful content.
2.4. The complaint procedure regarding Electronic Services is indicated in point 6. of the Terms and Conditions.
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
3.1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Shop in accordance with point 2.1.2 of the Terms and Conditions.
3.2. The Product price shown on the Online Shop website is given in Euros (EUR) and includes taxes. The Customer is informed of the total value of the Product included in the Order, as well as of the delivery costs (including fees for transport, delivery and postal services) and other costs, or the obligation to pay those costs, if the value of those fees cannot be determined, on the Online Shop website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into a Sales Contract.
3.3. The procedure of concluding a Sales Contract in the Online Shop using the Order Form.
3.3.1. The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with point. 2.1.2 of the Terms and Conditions.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for implementation. The confirmation of receipt of the Order and its acceptance for implementation occurs by sending by the Seller to the e-mail address provided at the time of placing the Order an e-mail, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the Sales Contract. Upon receipt of the above e-mail by the Customer, the Sales Contract is concluded between the Customer and the Seller.
3.4. The consolidation, securing and making available to the Customer the content of the concluded Sales Agreement takes place by (1) making these Terms and Conditions available on the website of the Online Shop and (2) sending the Customer the e-mail message referred to in pt. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller's IT system of the Online Shop.
4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following methods of payment under the Sales Contract:
4.1.1. Payment by bank transfer to the Seller's bank account.
4.1.2. The electronic payments and credit card payments via Przelewy24.pl – all possible current payment methods are specified on the Online Shop website in the payment methods tab and on the website www.przelewy24.pl/en.
4.1.2.1. The settlement of transactions by electronic payments and credit cards are carried out in accordance with the Customer's choice through the Przelewy24.pl. The support for electronic payments and credit card payments is provided by:
4.1.2.1.1. Przelewy24.pl – PayPro S.A company with a registered office in Poznań (registration address: ul. Kanclerska 15, 60-327 Poznań), entered into the Entrepreneurs Registry of the National Court Register under the number 0000274399, registry documents kept by the District Court of Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under KRS number: 0000347935, TAX ID: 7792369887, REGON 301345068.
4.2. Payment deadline:
4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the day of concluding the Sales Contract.
5. THE COST, METHODS AND DELIVERY TIME AND THE RECEIPT OF THE PRODUCT
5.1. The delivery of the Product to the Customer is payable, unless the Sales Contract provides otherwise. The Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Shop website in the delivery costs tab and during the Order placement, including when the Customer expresses a will to be bound by the Sales Contract.
5.2. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.2.1. Postal parcel.
5.2.2. Courier parcel.
5.3. The deadline for delivery of the Product to the Customer is up to 14 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest given date, which, however, can not exceed 14 Business Days. The beginning of the delivery time of the Product to the Customer is counted from the date of crediting the Seller's bank account or current account.
6. COMPLAINT HANDLING PROCEDURE
6.1. The basis and scope of the Seller's liability to the Customer if the Product sold has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).
6.2. The Seller is obliged to deliver the Product without defects to the Customer. Detailed information on the Seller's liability for a defect in the Product and the Customer's rights are specified on the Online Shop website in the information section on complaints.
6.3. The complaint can be submitted by the Customer:
6.3.1. in electronic form by e-mail to the address: shop@agi.ms.
6.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the defect occurrence; (2) request the manner of bringing the Product into compliance with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and speed up the handling of the complaint by the Seller. The requirements given in the previous sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If a Customer who is a consumer has requested the replacement of goods or removal of a defect or has made a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request is justified.
6.6. The Customer, who exercises the rights under the warranty, is obliged to deliver the defective Product to the address: Woronicza 31/81, 02-640 Warsaw. The cost of delivery is borne by the Customer.
7. THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
7.1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without specifying it reasons and without incurring costs, except for the costs specified in point 8.8 of the Terms and Conditions. To keep the deadline it is enough to send a statement before its expiry. A declaration of withdrawal from the contract may be submitted:
7.1.1. in electronic form via e-mail to the following address: shop@agi.ms.
7.2. An exemplary model withdrawal form is included in pt. 10 of the Terms and Conditions. The consumer can use the form template, but this is not mandatory.
7.3. The deadline to withdraw from the contract begins:
7.3.1. for a contract in which the Seller issues the Product, being obliged to transfer its ownership - from taking over the possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract, which: (1) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period - from taking possession of the first of the Products;
7.3.2. for other contracts - from the date of conclusion of the contract.
7.4. In the event of withdrawal from a distance contract, the contract is considered void.
7.5. The seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the contract, return to the consumer all payments made by him, excluding the delivery costs of the Product chosen by the consumer. The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until the Product is returned or the consumer provides proof of its return, whichever occurs first.
7.6. The consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: Woronicza 31/81, 02-640 Warsaw.
7.7. The consumer is liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
7.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
7.8.1. The consumer bears the direct costs of returning the Product.
7.9. The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts:
7.9.1. concerning the supply of digital content not supplied on a tangible medium for which the consumer is required to pay price, if the Seller has started the service with the express and prior consent of the consumer, who was informed before commencement of the service, that after the performance of the service by the Seller, he will lose the right to withdraw from the contract, and accepted it to message, and the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 Consumer Rights Act.
8. PROVISIONS CONCERNING ENTREPRENEURS
8.1. This section of the Terms and Conditions and the provisions contained herein apply only to Customers and Non-Consumers.
8.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
8.3. In the case of Customers who are not consumers, the Seller has the right to limit the available methods of payment, including the requirement to make a prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.
8.4. At the moment of handing over the Product by the Seller to the carrier, the benefits and burdens related to the Product and the danger of accidental loss or damage to the Product are transferred to the Customer who is not a consumer. In such a case the Seller is not responsible for the loss, loss or damage of the Product resulting from the acceptance of the Product for transport until its delivery to the Customer and for the delay in the transport.
8.5. In the case of sending the Product to the Customer through a carrier, the Customer who is not a consumer is obliged to examine the shipment in time and in the manner accepted for such shipments. If the Customer finds that the Product was lost or damaged during transport, he or she is obliged to perform all actions necessary to establish the carrier's liability.
8.6. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a Customer who is not a consumer is excluded.
8.7. In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of the Electronic Service with immediate effect and without indicating the reasons by sending a statement to the Customer.
8.8. The liability of the Service Provider/Seller to the Customer/non-consumer, regardless of its legal basis, is limited - both as part of a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand PLN. The Service Provider/Seller shall be liable to the Customer/non-consumer only for typical damage foreseeable at the time of conclusion of the contract and shall not be liable for lost profits to the Customer/non-consumer.
8.9. Any disputes arising between the Seller/Service Provider and the Client/not consumer shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.
9. FINAL PROVISIONS
9.1. Amendment of the Terms and Conditions:
9.1.1. The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in legal regulations; changes in the methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
9.1.2. If agreements of a continuous nature are concluded on the basis of these Terms and Conditions (e.g. provision of an Electronic Service - Account), the amended Terms and Conditions shall be binding on the Service Recipient if the requirements set out in Article. 384 and 384[1] of the Civil Code, i.e. the Customer was correctly notified of the amendments and did not terminate the agreement within 14 calendar days of the notification. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in the current Consumer Customer has the right to withdraw from the contract.
9.1.3. In the event of concluding contracts under these Terms and Conditions other than continuous contracts (e.g. Sales Agreement), amendments to the Terms and Conditions shall in no way affect the rights acquired by Customers/Customers who are consumers before the date of entry into force of the amendments to the Terms and Conditions, in particular, amendments to the Terms and Conditions shall not affect orders already placed or submitted and Sales Agreements concluded, performed or completed.
9.2. In matters not regulated by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: The Civil Code; the Act on Provision of Electronic Services of 18 July 2002. (Journal of Laws of 2002 No. 144, item 1204 as amended); for Sales Agreements concluded until 24 December 2014 with Customers who are consumers - provisions of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of 2 March 2000. (Journal of Laws 2000 No. 22, item 271 as amended) and the Act on special conditions of consumer sales and on the amendment of the Civil Code of 27 July 2002. (Journal of Laws 2002 No. 141, item 1176 as amended); for Sales Agreements concluded from 25 December 2014 with Customers who are consumers - provisions of the Act on Consumer Rights of 30 May 2014. (Journal of Laws 2014, item 827 as amended); and other relevant provisions of generally applicable law.
9.3. These Terms and Conditions do not exclude provisions in force in the country of habitual residence of the consumer concluding a contract with the Service Provider/Seller, which cannot be excluded by contract. In such a case, the Service Provider/Seller guarantees the consumer the protection granted to him/her on the basis of Terms and Conditions which cannot be excluded by contract.
10. MODEL WITHDRAWAL FORM
10.1. Download the model withdrawal form here.