Terms and Conditions of the Clarena Online Retail Store

defining, among others, the rules of concluding sales contracts through the Store as well as the most important information about the Seller, the Store and Customer rights

Provisions concerning Preferred Entrepreneurs apply to agreements concluded from January 1, 2021.

 

CONTENTS

§ 1 Definitions

§ 2 Contact with the Seller

§ 3 Technical requirements

§ 4 Shopping in the Store

§ 5 Payments

§ 6 Execution of the order

§ 7 Right of rescission of the sales contract

§ 8 Exceptions to the right of rescission of the sales contract

§ 9 Complaints

§ 10 Personal data

§ 11 Reservations

Attachment No. 1: Rescission of sales contract

 

§ 1 DEFINITIONS

Working days - days from Monday to Friday except for public holidays in Poland.

Account - a free of charge function of the Store (service provided electronically) regulated by separate Terms and Conditions, thanks to which the Customer may open his or her own individual Account in the Store.

Consumer - Customer within the meaning of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on Customer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.

Customer - any entity purchasing in the Store, having its habitual residence in the European Union.

Preferred Buyer – Preferred Consumer or Entrepreneur.

Preferred Entrepreneur - natural person concluding an agreement with the Seller directly related to their business activity, but not having a professional nature for them (the definition applies to agreements concluded from January 1, 2021).

Terms and Conditions - these Terms and Conditions.

Store - Clarena online retail Store run by the Seller at https://www.e-clarena.eu/

Seller - "POPŁAWSKA GROUP SPÓŁKA KOMANDYTOWA" with its registered office at ul. Clareny 2, 51-361 Wilczyce, registered in the National Court Register (register of entrepreneurs kept by the District Court in Wrocław Fabryczna in Wrocław, IX Economic Department of the National Court Register) under KRS [National Court Register] 0000302611, NIP [Polish National Tax Identification Number]: 8961390845, REGON [Polish National Business Tax Identification Number]: 02010434000000.

 

§ 2 CONTACT WITH THE SELLER

1. Postal address: ul. Clareny 2, 51-361 Wilczyce, Poland
2. E-mail address: sklep@e-clarena.eu 
3. Telephone: + 48 71/328-07-11 or +48 71/722-03-37
4. In the case of telephone calls, the basic rate of the telecommunications operator applies,
   used by the Customer, appropriate for this type of connection. The Seller notes that the cost of non-domestic calls may be higher than domestic calls, depending on the tariff of the operator used by the Customer.

 

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store it is necessary to have access to:
   1. a device with Internet access,
   2. a web browser that supports JavaScript and cookies.
2. To place an order in the Store, in addition to the requirements specified in paragraph 1, it is necessary to have an active e-mail account.
3. If you use programs or applications that block the display of advertisements on websites, the Store may operate to a limited extent.

 

§ 4 SHOPPING IN THE STORE

1. Prices of goods visible in the Store are the total prices for the goods.
2. The Seller notes that the total price of the order consists of the price of the goods indicated in the Store: the price of the goods and, if applicable, the delivery costs of the goods.
3. Selected goods should be added to the basket in the Store.
4. Then, the Customer chooses the method of delivery of goods and the method of payment for the order as shown and available at the Store and also provides the data necessary to complete the order.
5. An order is placed upon confirmation of its content and acceptance of the Terms and Conditions by the Customer.
6. Placing an order is tantamount to concluding a sales contract between the Customer and the Seller.
7. The seller shall provide the Customer with confirmation of the conclusion of the sales contract on a durable medium at the latest at the time of delivery of the goods.
8. The Customer may register in the Store, i.e. create an Account in it, or make purchases without registering by providing their details in each possible order.

 

§ 5 PAYMENTS

1. You can pay for your order:
   1. a simple transfer to the bank account of the Seller,
   2. via a payment platform:
      1. PayPal.
2. If the Customer chooses to pay in advance, the order should be paid for within 7 days of placing the order.
3. The Seller informs that in the case of some payment methods, due to their specificity, payment of the order by this method is possible only immediately after the order is placed.

 

§ 6 EXECUTION OF THE ORDER

1. The Seller shall be obliged to deliver goods without defects.
2. The order completion date shall consist of the date of shipment of goods indicated in the Store and - in the case referred to in paragraph 6 - the date of its delivery, indicated in this paragraph.
3. If the Customer has chosen to pay in advance for the order, the Seller will proceed to the execution of the order after its payment.
4. If the Customer purchased goods with different delivery dates within one order, the order shall be completed on the date appropriate for the goods with the longest delivery date.
5. Shipping takes place in the territory: Austria, Belgium, Bulgaria, Croatia (Hrvatska), Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Italy, Ireland, Latvia, Lithuania, Luxembourg, Poland, Romania, Slovakia (Slovak Republic), Slovenia, Spain, Sweden.
6. Goods purchased in the Store are delivered depending on the method of delivery chosen by the Customer:
   1. through a courier company.
7. The time limit for delivery of goods in the cases referred to in paragraph 6 is from 14 Working Days from the date of shipment of goods by the Seller.
8. If the Customer chooses personal collection, the goods shall be ready for collection at the date indicated in the Store for shipment of the goods.

 

§ 7 RIGHT OF RESCISSION OF THE SALES CONTRACT

1. The Preferred Buyer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
2. The period for withdrawal from the contract expires after 14 days from the day:
   1. on which the Preferred Buyer acquires possession of the goods or on which a third party other than the carrier and indicated by the Preferred Buyer acquires possession of the goods;
   2. in which the Preferred Buyer acquires possession of the last item or in which a third party other than the carrier and indicated by the Preferred Buyer acquires possession of the last item in the case of a contract which requires the transfer of ownership of several items supplied separately.
3. In order to exercise the right of withdrawal, the Preferred Buyer must inform the Seller, using the data provided in § 2 of the Terms and Conditions, of his decision to withdraw from the contract by way of a clear statement (for example, a letter sent by post or information sent by e-mail).
4. The Preferred Buyer may use rescission of contract template placed at the end of the Terms and Conditions, but it is not obligatory.
5. In order to respect the withdrawal period, it is sufficient for the Preferred Buyer to send the information concerning the exercise of his right of withdrawal before the expiry of the withdrawal period.

THE CONSEQUENCES OF RESCISSION OF THE SALES CONTRACT

1. In case of withdrawal from the concluded contract, the Seller shall return to the Preferred Buyer all payments received from him, including the costs of delivery of goods (except for additional costs resulting from the method of delivery chosen by the Preferred Buyer other than the cheapest usual method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed about the Preferred Buyer's decision to exercise the right of withdrawal.
2. The Seller shall refund the payment using the same methods of payment as those used by the Preferred Buyer in the original transaction, unless the Preferred Buyer agrees otherwise and in any event the Preferred Buyer shall not bear any fees for that refund.
3. The seller may withhold the return of payment until the goods have been received or until proof of return has been provided, whichever is the earlier.
4. The seller asks you to return the goods to the address: ul. Clareny 2, 51-361 Wilczyce immediately, and in any case not later than 14 days from the date on which the Preferred Buyer informed the Seller of the withdrawal from the contract of sale. The deadline is met if the Preferred Buyer sends back the goods before the expiry of the deadline of 14 days.
5. The Preferred Buyer shall bear the direct cost of returning the goods.
6. The Preferred Buyer shall only be liable for any diminished value of the goods resulting from the use of the goods otherwise than is necessary to establish the nature, characteristics and functioning of the goods.
7. If the goods cannot normally be returned by post due to their nature, the Preferred Buyer will also have to bear the direct cost of returning the goods. The Preferred Buyer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing an order.
8. The right to withdraw from the contract concluded at a distance shall not be vested in an entity other than the Preferred Buyer.

 

§ 8 EXCEPTIONS TO THE RIGHT OF RESCISSION OF THE SALES CONTRACT

1. The Preferred Buyer shall not have the right to withdraw from the contract in respect of the contract:
   1. where the service has as its object an item which is not in the Store’s inventory, manufactured to the Preferred Buyer's specifications or to meet his individual needs;
   2. in which the object of the contract is a thing that is subject to rapid deterioration or short term obsolescence;
   3. in which the goods are supplied in sealed packaging which, after opening the packaging after delivery, cannot be returned for health or hygiene reasons.

 

§ 9 COMPLAINTS

1. In the event of a defect in the goods, the Customer has the right to lodge a complaint regarding the defective goods.
2. The Seller shall be liable if a defect becomes apparent within 2 years from the date of delivery of the goods.
3. In the event of a defect in the goods, the Customer may:

1. make a declaration of price reduction,
2. make a statement of rescission of the sales contract (in the case of a material defect),
3. demand an exchange of goods for a defect-free one,
4. demand the removal of the defect.

1. The Seller requests a complaint to be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
2. If it turns out that it is necessary to deliver the goods to the Seller in order to investigate the complaint, the Preferred Buyer is obliged to deliver the goods, in the case of the Customer at the expense of the Seller, to the address ul. Clareny 2, 51-361 Wilczyce.
3. On the devices available at the address: https://www.e-clarena.eu/--devices The Seller grants an additional warranty. Information about the warranty conditions can be found in the product description in the Store.
4. Complaints concerning the operation of the Store should be sent to the e-mail address indicated in § 2 of the Terms and Conditions.
5. The complaint will be considered by the Seller within 14 days.

 

OUT-OF-COURT MEANS OF DEALING WITH COMPLAINTS AND REDRESS

1. In the case when the complaint procedure does not bring the expected result for the Customer, the Customer may use, among others, the following services
   1. The Commission shall be assisted by the relevant European Customer Centre of the European Consumer Centres Network (ECC-Net). The centres inform Customers about their rights and help solve individual problems related to cross-border transactions.

Assistance from the Customer Centres is generally free of charge.

You can find the list of centres in each country at the following address:
http://www.konsument.gov.pl/pl/eck-w-europie.html

1. The ODR (Online Dispute Resolution) platform managed by the European Commission is available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.showng=EN..,

 

1. Moreover, on the territory of the Republic of Poland there are such possibilities of support as
   1. Mediations conducted by the locally competent Voivodeship Inspectorate of Trade Inspection, to which a request for mediation should be made. As a rule, the procedure is free of charge. The list of Inspectorates can be found at:

https://www.uokik.gov.pl/wazne_adresy.php#faq595

1. Assistance from a locally competent permanent amicable Customer court operating at the Voivodship Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at https://www.uokik.gov.pl/wazne_adresy.php#faq596
2. Free assistance from the municipal or district Customer ombudsman.

 

§ 10 PERSONAL DATA

1. The administrator of personal data provided by the Customer while using the Store is the Seller. Detailed information concerning the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as data recipients - can be found in the Privacy Policy available in the Store - due to the principle of transparency contained in the general regulation of the European Parliament and Council (EU) on data protection - "GDPR".
2. The purpose of processing the Customer's data by the Seller, provided by the Customer in connection with purchases in the Store, is to process orders. The basis for the processing of personal data in this case is:

- sale contract or actions taken at the Customer's request aimed at its conclusion (Article 6(1)(b) GDPR),

- a legal obligation on the Seller related to accounting (Article 6(1)(c)) and

- the legitimate interest of the Seller to process the data in order to establish, enforce or defend possible claims (Article 6(1)(f) of the GDPR).

1. The provision of information by the Customer is voluntary, but also necessary for the conclusion of a sales contract. Failure to provide data will prevent the conclusion of a contract of sale in the store.
2. Customer data provided in connection with purchases in the Store will be processed until:
   1. The Seller is under a legal obligation requiring it to process the Customer's data;
   2. the Customer's or Seller's ability to assert claims related to the sales contract concluded by the Store shall cease;
   3. the Customer's objection to the processing of his personal data shall be accepted - in the event that the basis for data processing was a justified interest of the Seller

- depending on which is applicable in the given case and which will occur first

1. The Customer has the right to request:
   1. to access his personal data,
   2. to amend his personal data
   3. the removal of his personal data
   4. to restrict the processing of his personal data,
   5. the transfer of the data to another administrator

as well as:

1. to object at any time to the processing of data for reasons related to the Customer's specific situation - to the processing of personal data concerning him/her, based on Article 6(1)(f) of the GDPR (i.e. on legitimate interests pursued by the data administrator).

1. In order to exercise its rights, the Customer should contact the Seller using the data from § 2 of the Terms and Conditions.
2. In the event that the Customer considers that his data is being processed unlawfully, the Customer may lodge a complaint with the supervisory authority.

 

§ 11 RESERVATIONS

1. It is forbidden for the Customer to provide illegal content.
2. Each time an order is placed in the Store, it constitutes a separate sales contract and requires a separate acceptance of the Terms and Conditions. The contract is concluded on time and in order to fulfill the order.
3. Contracts concluded on the basis of the Terms and Conditions are subject to Polish law, provided that the choice does not lead to deprivation of the Customer or limitation of the protection granted to him on the basis of mandatory provisions which would apply if no choice of law was made - in such cases, the provisions more favourable to the Customer shall apply.
4. Contracts concluded on the basis of these Terms and Conditions shall be concluded in English.
5. In case of a possible dispute with a Customer who is not a Preferred Buyer, the competent court shall be the court competent for the office of the Seller.
6. None of the provisions of these Terms and Conditions excludes or in any way limits the rights of the Customer resulting from the provisions of law.

 

 

Attachment No. 1 to the Terms and Conditions

Below please find a rescission of sales contract template that the Preferred Buyer may or may not use:

Rescission of sales contract
(this template must be completed and returned only in the event of withdrawal from the sales contract)

"Popławska Group Spółka komandytowa"
ul. Clareny 2, 51-361 Wilczyce
adres e-mail: sklep@e-clarena.eu
 
 
- I/We(*) ..................................................................... hereby inform you (*) of my/our rescission of sales contract regarding the following items (*):
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
- Date of receipt
...................................................................................................................................................................
- The name and surname of the Customer(s) / Preferred entrepreneur(s):
...................................................................................................................................................................
- Customer(s)' address(es) / Preferred entrepreneur(s):
...................................................................................................................................................................
 
 
..................................................
Customer's signature / Preferred entrepreneur
(only if the template is sent on paper)
 
...........................................
date
(*) Cross out where not applicable.