Terms and Conditions

2. ELECTRONIC SERVICES ON THE INTERNET

2.1. The following electronic services are available in the Online Shop: Account, Order Form and Newsletter.
2.1.1. The account can be used after the User has completed three consecutive steps together (1)completing the Registration Form, (2) clicking the "Insert Account" box. In the Registration Form, it is necessary for the Service Provider to provide the following data to the Service Provider: name, e-mail address and password.
2.1.1.1. The electronic service The account is provided free of charge for an unlimited period. The Service Provider shall have the possibility, at any time and without stating the reason, to delete the Account by sending an appropriate request to the Service Provider, in particular by e-mail to: online@303avenue.pl or written to: ul. White girl 37, 07-200 Heights.
2.1.2. Use of the Order Form begins when the Customer adds the first product to the electronic basket in the Online Shop. The order is submitted after the Customer has completed the order together with two further steps (1) after completing the order form and (2) by clicking on the website of the Shop after completing the order form in the "Confirm Purchase" field, until then the data entered can be modified independently (to this end, please refer to the messages and information displayed on the website of the Shop). In the order form, it is necessary for the Customer to provide the following data concerning the Customer: name/name of the company, address (street, house/apartment number, postal code, town, country), e-mail address, contact telephone number and sales contract data: product(s), quantity of product(s), place and method of delivery of the product(s), method of payment. In the case of non-consumer customers, it is also necessary to give the company name and NIP number.
2.1.2.1. The Electronic Service Contract Form shall be provided free of charge and shall be of a one-off nature and shall be terminated at the time of the placing of the Contract through it or at the time of the prior termination of the placing of the Contract through it by the Service Provider.
2.1.3. Newsletter: use of Newsletter is followed by an e-mail address shown on the Shop website, to which further editions of the Newsletter are to be sent, and by clicking on the "Register" box. You can also subscribe to the Newsletter by selecting the appropriate checkbox when placing your order. Upon placing your order, you will be subscribed to the Newsletter.
2.1.3.1. The electronic newsletter service is provided free of charge for an unlimited period. The Service Provider shall have the possibility, at any time and without giving reasons, to subscribe to Newsletter (unsubscribe from Newsletter) by sending an appropriate request to the Service Provider, in particular by e-mail to: online@303avenue.pl or written to: ul. White girl 37, 07-200 Heights.

2.2. Technical requirements necessary for cooperation with the teleinformatics system operated by the Provider:(1) computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox in 17.0 and above or Internet Explorer in 10.0 and above, Opera in 12.0 and above, Google Chrome in 23.0. and above, Safari in 5.0 and above, Microsoft Edge in 25.10586.0.0 and above; (4) recommended minimum screen resolution: 1024x768; (5) inclusion in the browser of the ability to save cookies and use Javascript.
2.3. The Service Provider shall be obliged to use the Internet Store in a manner consistent with law and good practice, having regard to the respect of personal and copyright and intellectual property of the Service Provider and third parties. The service provider shall be obliged to enter data in accordance with the actual status. The service provider shall be prohibited from providing illegal content.
2.4. Procedure for complaint concerning electronic services:
2.4.1. Complaints related to the provision of electronic services by the Service Provider and other complaints related to the operation of the Internet Shop (excluding the Product Complaint Procedure referred to in point 6) The Service Provider may, for example:
2.4.1.1. written to: ul. White female 37, 07-200 Heights;
2.4.1.2. by electronic mail to the following address: online@303avenue.pl

Five. COST, CONDITIONS AND TERMS OF ACCESS AND RECEIPT

5.1. The product is available within the European Union.

5.2. Delivery of the Product to the Customer is free of charge, unless otherwise specified in the Sales Agreement. The cost of delivery of the product (including transport, delivery and postal services) is indicated to the Customer on the website of the Online Shop in the information booklet on delivery costs and during the placing of the order, including when the Customer expresses his will to enter into the Sales Agreement.

5.3. Customer's personal product is free of charge.

5.4. The Seller shall provide the Customer with the following means of delivery or receipt:
5.4.1. A courier package.
5.4.2. Personal pick-up available at the Stationary Shops Sellers whose addresses and opening hours are available at: https://303avenue.pl/pl/sklepy.

5.5. The delivery date of the product to the customer shall be up to seven working days, unless a shorter time limit is specified in the description of the product concerned or during the placing of the order. In the case of products with different delivery times, the delivery date shall be the longest specified time limit, which shall not, however, exceed seven working days. The start of the delivery deadline of the Product to the Customer counts as follows:
5.5.1. If the Customer chooses the method of payment by wire transfer, electronic payment or payment card, from the date of recognition of the bank account or settlement account of the Seller.
5.5.2. The product will be ready to be received by the Customer within three working days, unless a shorter time limit is specified in the product description or during the placing of the order. In the case of products with different standby times, the standby time shall be the longest specified but shall not exceed three working days. The Customer will be further informed by the Seller of the product's readiness to receive. The start of the product readiness period for receipt by the Customer counts as follows:
5.5.3. If the Customer chooses the method of payment by wire transfer, electronic payment or payment card, from the date of recognition of the bank account or settlement account of the Seller.

Six. PRODUCT RECOGNITION

6.1. The basis and extent of the seller's liability to the Customer if the product sold has a physical or legal defect (handhold) are defined by generally applicable law, in particular in the Civil Code (including Article 556-576 Civil Code).

6.2. The seller is obliged to provide the Customer with the product without defects. Detailed information on the liability of the Seller for the defect of the product and the rights of the Customer is set out on the website of the Shop in the complaint information booklet.

6.3. The complaint may be lodged by the Customer, for example:
6.3.1. written to: ul. White female 37, 07-200 Heights;
6.3.2. by electronic mail to the following address: online@303avenue.pl.

6.4. It is recommended that the Customer provide in the complaint description: (1) information and circumstances concerning the subject-matter of the complaint, in particular the type and date of occurrence of the defect; (2) a request for the manner in which the product is brought into conformity with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) the complaint contact details will facilitate and speed up the handling of the complaint by the Seller. The requirements set out in the preceding sentence take the form of recommendations only and do not affect the effectiveness of complaints made without the recommended description of the complaint.

6.5. The seller shall respond to the Customer's complaint without delay, no later than the 14-day calendar day following its submission. If the consumer has requested the replacement or removal of the defect, or has made a price reduction declaration, specifying the amount for which the price is to be reduced and the seller has not complied with this request within a 14-day time limit, the request shall be considered justified.

6.6. The customer who exercises the right to handle is obliged to deliver the defective product to: ul. Bia Box 37, 07-200 Heights or one of the stationary stores https://303avenue.pl/pl/sklepy. In the case of both a customer and a non-consumer, the cost of delivering the advertised product shall be borne by the customer. If it would be excessively difficult for the Customer to deliver the product due to the type of product or the way in which it is mounted, the Customer is obliged to make the Product available to the Seller at the place where the product is located.

Seven. FUNDAMENTAL CHARACTERISTICS FOR DECLARATION AND ACCESS OF DECISIONS AND RULES OF ACCESS TO THESE PROCEDURES

7.1. Detailed information on how the consumer can use out-of-court complaint and redress procedures and how to access them is available on the website of the Office for the Protection of Competition and Consumers under Address:https http:// uokik.gov.pl/pozasadowe consumer dispute resolution .php

7.2. A contact point (telephone: 22 55 60 333, e-mail) also operates with the President of the Office for the Protection of Competition and Consumers: Contact.adr [Laughs] uokik.gov.pl or written address: Pl. Residents of Warsaw 1, 00-030 Warsaw.), the purpose of which is, inter alia, to assist consumers in out-of-court settlement of consumer disputes.

7.3. The consumer has the following example possibilities to use out-of-court means of handling complaints and investigating claims: (1) Request for a settlement of the dispute to a permanent friendly consumer court (more information on the website: http://www.spsk.wiih.org.pl/ (2) a request for an out-of-court settlement of the dispute to: the Chief Trade Inspectorate (more information on the part of the inspector responsible for the place of business of the Seller); and (3) the District Assistance Officer (town) of the consumer or social organisation whose statutory tasks are consumer protection (inter alia. Federation of Consumers, Association of Polish Consumers). Advice is given, inter alia, by e-mail to: Counsellor@dlakonsumentow.pl and under consumer hotline 801 440 220 (active hotline on business days, in hours 8:00 -18:00, operator fee).

7.4. Under the address http://ec.europa.eu/consumers/odr an online dispute resolution system between consumers and traders at Union level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court settlement of a dispute over contractual obligations arising from an online sales or service contract (more information on the website itself) platforms or at the website of the Competition and Consumer Protection Office: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

Eight. Right of withdrawal

8.1. The consumer who has concluded a distance contract may withdraw from it within a 14-day period without giving reasons and without incurring costs, except for the costs referred to in point (a). 8.8 Rules. It is sufficient to send a statement before expiry of the time limit. A declaration of withdrawal may be made, for example:
8.1.1. written to: ul. White female 37, 07-200 Heights;
8.1.2. by electronic mail to the following address: online@303avenue.pl.

8.2. An example of a waiver form is contained in Annex 2 to the Consumer Rights Act and is additionally available in paragraph 2. 11.Rules of Procedure and on the website of the Shop in the section on the withdrawal from the contract. The consumer can use the form template, but this is not mandatory.

8.3. The period for withdrawal shall begin:
8.3.1. for the contract under which the Seller issues the Product, being obliged to transfer its ownership (i.e. e.g. contract Sales) from the inclusion of the product in the possession of the consumer or a designated third party other than the carrier, and in the case of a contract which: (1) covers a number of products which are supplied separately, in lots or in parts, from the last product, lot or part held or (2) consists of the regular supply of the products for the period indicated, from the first of the products held;
8.3.2. for other contracts, from the date of conclusion of the contract.

8.4. In the event of a departure from a distance contract, the contract shall be deemed to be void.

8.5. The seller shall be obliged to return to the consumer, without delay, no later than within fourteen calendar days of receipt of the consumer's declaration of withdrawal, all payments made by him, including the cost of delivery of the product (except for the additional costs resulting from the choice of the consumer's means of delivery other than the cheapest ordinary means of delivery available in the Online Shop). The seller shall reimburse the payment using the same method of payment as the consumer, unless the consumer has explicitly agreed to another method of reimbursement which does not involve any costs for him. If the Seller has not proposed to take the product from the consumer himself, he may refrain from returning the payments received from the consumer until the product has been returned or the consumer provides proof of its return, whichever is the earlier.
8.6. The consumer shall be obliged to return the Product to the Seller or to forward it to the person authorised by the Seller, no later than the 14-day period from the date on which he has withdrawn from the contract, unless the Seller has proposed to receive the Product himself. It is sufficient to send the product back before its expiry. The consumer can return the product to: ul. White spot 37, 07-200 Heights or in one of the stationary stores https://303avenue.pl/pl/sklepy.

8.7. The consumer shall be responsible for reducing the value of the product resulting from its use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.

8.8. Possible costs associated with the consumer's withdrawal from the contract which the consumer is obliged to bear:
8.8.1. If the consumer has chosen a way of delivering the product other than the cheapest usual way of delivery available in the Online Shop, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him.
8.8.2. The consumer shall bear the direct cost of returning the product unless the seller has made available to the consumer the possibility of using the free refund via the courier company. ​
8.8.3. In the case of a service product, the performance of which, at the explicit request of the consumer, has commenced before the expiry of the time limit for termination of the contract, the consumer who exercises the right to withdraw from the contract upon notification of such a request shall be obliged to pay for the services rendered until the termination of the contract. The amount of the payment shall be calculated in proportion to the extent of the benefit provided, taking into account the price or remuneration agreed in the contract. Where the price or remuneration is excessive, the market value of the benefit provided shall be the basis for calculating that amount.

8.9. The right of withdrawal from a distance contract shall not apply to the consumer in respect of contracts:
8.9.1. (1) the provision of services if the Seller has provided the full service with the explicit consent of a consumer who has been informed before the start of the service that, after the Seller has performed the service, he will lose the right to withdraw from the contract; (2) where the price or remuneration depends on fluctuations in the financial market, which the Seller does not control and which may occur before the expiry of the time limit for withdrawal from the contract; (3) in which the product is not manufactured, manufactured to the specifications of the consumer or to satisfy his individual needs; (4) in which the product is subject to rapid deterioration or has a short shelf life; (5) in which the product is supplied in a sealed package which cannot be returned after opening for reasons of health or hygiene, where the packaging has been opened after delivery; (6) in which the products which, by virtue of their nature, are supplied are inseparably linked to other goods; (7) in which the alcoholic beverages for which the price has been agreed upon at the time of conclusion of the contract of sale are supplied; which ma y be delivered only after the expiry of thirty days and whose value depends on market fluctuations beyond the control of the Seller; (8) where the consumer has explicitly requested that the Seller come to it for urgent repair or maintenance; where the Seller provides additional services other than those, the performance of which the consumer has requested, or supplies products other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal shall be granted to the consumer in respect of additional services or products; (9) which is the subject of sound or visual recording or computer programs supplied in a sealed package, if the package has been opened after delivery; (10) the supply of journals, periodicals or periodicals, with the exception of a subscription contract; (11) the supply of journals, periodicals or periodicals by public auction; (12) the provision of accommodation services other than for residential purposes, the transport of goods, the rental of cars, catering, leisure, entertainment, sporting or cultural events, if the contract specifies the date or period of the provision of the service; (13) the provision of digital content which is not: recorded on a material medium if the performance of the service has been initiated with the explicit consent of the consumer before the expiry of the period for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the contract.

Nine. PROVISIONS CONCERNING TRANSMISSION

9.1. This point of the Regulation and the provisions contained therein shall apply only to customers and non-consumers.

9.2. The seller shall have the right to withdraw from the Sales Agreement concluded with a customer who is not a consumer within a 14-day period from the date of conclusion. The withdrawal from the Sales Contract in this case may take place without stating the reason and does not give rise to any claims on the part of the customer other than the consumer against the Seller.

9.3. In the case of non-consumer customers, the Seller shall have the right to limit the available means of payment, including to require pre-payment in whole or in part, irrespective of the payment method chosen by the Customer and the fact that the Sales Contract is concluded.

9.4. At the time of issue by the Seller of the Product, the carriers pass on to a customer who is not a consumer the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product. In such a case, the seller shall not be liable for the loss, loss or damage of the product arising from acceptance to transport until delivery to the Customer and for delay in delivery of the consignment.

9.5. If the product is sent to the customer via the carrier, the customer who is not a consumer is obliged to examine the consignment in time and in the manner accepted for shipments of this type. If it finds that the product has been damaged or damaged during transport, it shall take all necessary steps to establish the liability of the carrier.

9.6. In accordance with Article The liability of the retailer for the product to a customer other than the consumer is excluded.

9.7. In the case of Users other than consumers, the Service Provider may terminate the electronic service contract with immediate effect and without giving reasons by sending a statement to the Service Provider.

9.8. The liability of the Service Provider/Seller to the Non-Consumer Customer, whatever its legal basis, is limited, both within the framework of a single claim and for all claims in full, to the price paid and the costs of delivery under the Sales Contract, but not more than one thousand gold. The Service Provider/Seller shall be liable to the Service Provider/Client other than the consumer only for typical foreseeable damage at the time of conclusion of the contract and shall not be liable for any loss of benefit to the Service Provider/Client other than the consumer.

9.9. Any dispute arising between the Seller/Service Provider and the Non-Consumer Client/Service Provider shall be brought before the competent court on the basis of the seat of the Seller/Service Provider.

Ten. FINAL PROVISIONS

10.1. Contracts concluded through the Internet Shop are concluded in Polish.

10.2. Amendment of the Rules:

10.2.1. The service provider reserves the right to amend the Rules of Procedure for important reasons, namely: changes to the law; changes in the methods of payment and delivery, in so far as these changes affect the implementation of the provisions of this Regulation.
10.2.2. Where agreements of a continuous nature are concluded under this Regulation (e.g. The revised Rules of Procedure shall bind the Service Provider if the specified requirements have been met. 384 and 384[1] The Civil Code, this is the Service Provider has been duly notified of the changes and has not terminated the contract within 14-calendar days of the date of notification. In the event that the amendment of the Rules of Procedure would result in any new fees being introduced or an increase in the current Consumer Service Provider is entitled to withdraw from the contract.
10.2.3. Where agreements of a nature other than continuous contracts are concluded under this Regulation (e.g. The changes to the Rules of Procedure shall in no way affect the rights acquired by the Customers/Service Providers who are consumers before the date of entry into force of the amendments to the Rules of Procedure, in particular the amendments to the Rules of Procedure shall not affect contracts already placed or submitted and contracts concluded, implemented or executed.
10.3. In cases not covered by this Regulation, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Electronic Services Act from the 18th of July 2002 r. (Dz.U. 2002 No 144, p. 1204(m.); for sales contracts concluded up to December 24th of 2014 of the year with consumer clients, the provisions of the law on the protection of certain consumer rights and on liability for damage caused by a dangerous product from day 2 March 2000(Dz.U. 2000 No 22, p. 271(b) and the Law on Special Conditions of Sale for Consumers and amending the Civil Code from July 27(D.U. 2002 No 141, p. 1176 (m.); for sales contracts concluded since 25th December 2014 of the year with customers who are consumers - the provisions of the law on consumer rights from 30May 2014 r. (Dz.U. 2014 r. pose. 827(m); and other relevant provisions of generally applicable law.
10.4. This Regulation shall not preclude provisions in force in the State of the habitual residence of the consumer who enters into a contract with the Provider/Seller which cannot be excluded by contract. In such a case, the service provider/vendor shall ensure that the consumer is protected by provisions which cannot be excluded by contract.

 

11. MODEL DECLARATION FORM
(ANNEX 2 TO THE CONSUMER'S RIGHTS ESTABLISHMENT)