Shop rules
Store regulations
These Regulations define the rules for the operation of the website https://sklep.alpakino.pl
§1 General provisions
1. These Regulations define the rules for the operation of the website https://sklep.alpakino.pl
in particular:
1.1 defines the terms used on the website https://sklep.alpakino.pl
1.2 specifies the rules for concluding sales contracts, placing orders and their execution
1.3 specifies the rules for making payments and delivering
1.4 specifies the rules of conduct when receiving a shipment
1.5 specifies the rules for filing complaints and declarations of withdrawal from the contract, including exceptions
1.6 specifies technical requirements
1.7 informs about the Privacy Policy
1.8 informs about property copyrights
1.9 indicates out-of-court methods of resolving disputes.
2. Website operating in the domain https://sklep.alpakino.pl is run by:
"ALPAKINO" Agata Pilecka
Dąbrowica 224, 39-450 Dąbrowica
NIP 8672241139 REGON 363386573
e-mail: sklep@alpakino.pl contact phone number: 507732610
3. Prices given in the Store are given in Polish zloty and are gross prices. The price given for a given Product is binding for the Customer at the time of placing the Order. Prices do not include shipping costs.
4. The Seller benefits from VAT exemption under Article 113 of the Act of 11 March 2004 on Goods and Services Tax (Journal of Laws 2004 No. 54 item 535).
5. Information about the Products provided on the Store's websites, in particular their descriptions and prices, do not constitute an offer within the meaning of the Civil Code, but are merely an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
6. The Seller reserves the right to change the prices of Products available in the Online Store, introduce new Products, withdraw Products, conduct promotions and give discounts, as well as offer free Products for a limited time. The above provisions do not affect Orders that were placed before the date of entry into force of any of the changes.
7. The duration of the promotion is limited. Discounts and promotions cannot be combined. Detailed information is included in each case in the terms and conditions or regulations of a given promotion.
8. The condition for placing an Order by the Customer is to read the Regulations and accept their provisions at the time of placing the Order. By accepting, the Customer agrees to all provisions and undertakes to comply with them.
9. The Website provides the option of registering a Customer Account.
10. These Regulations are made available free of charge. The Client may record the content of the Regulations in a manner convenient for them, e.g. by saving on a durable medium or printing.
11. The Regulations may refer to separate regulations and general terms and conditions of service provided by the owner of the Website, which in such a case become an integral part of these Regulations.
12. It is reserved that Consumers and Entrepreneurs with consumer rights are not subject to the provisions of the Regulations that would constitute prohibited contractual provisions within the meaning of the Civil Code (Articles 385(1) to 385(3)) or would violate mandatory legal provisions regarding the conclusion of contracts with the participation of Consumers and Entrepreneurs with consumer rights, which would be included in the register of provisions of standard contract forms recognized as prohibited, kept by the President of the Office of Competition and Consumer Protection.
13. The Customer is prohibited from providing content of an illegal nature.
14. The Seller is not a hosting provider within the meaning of the provisions of the DSA Regulation
(Digital Services Act). It does not run a blog with comments, does not allow leaving opinions and does not store any data in the Customer Account other than personal data necessary to process orders.
15. The Seller does not use a mechanism for placing Products on the search results list.
§2 Definitions
Working day – one day from Monday to Friday, excluding public holidays
Order form – an electronic, interactive service available in the Seller's Online Store, enabling the placing of an order
Civil Code – the Civil Code Act of 23 April 1964 (Journal of Laws 1964.16.93, as amended)
Product – all products available in the Online Store that are the subject of the Sales Agreement between the Seller and the Customer
Regulations – these Store Regulations
Online Store/ Online Service – online store available at https://sklep.alpakino.pl , through which the Customer can order Products or Services
Seller, Service Provider – "ALPAKINO" Agata Pilecka, Dąbrowica 224, 39-450 Dąbrowica
NIP: 8672241139 REGON 363386573
Sales Agreement – Product sales agreement concluded between the Customer and the Seller via the Online Store
Warranty – a voluntary declaration regarding the quality of a product made by the guarantor
Guarantor – entity granting a guarantee as part of a submitted guarantee declaration
Warranty document - warranty card or warranty booklet
Electronic service – a service provided electronically by the Service Provider to the Service Recipient via the Website
Order – a declaration of will of the Customer, submitted via the Order Form, aimed directly at concluding a Product Sales Agreement with the Seller
Privacy Policy – a document describing the purposes and principles of data processing, including the rights of data subjects
Customer, Service Recipient – Consumer, Entrepreneur with consumer rights, Entrepreneur
Consumer - as defined in Article 22(1) of the Civil Code
Entrepreneur – as defined in Article 43(1) of the Civil Code
Entrepreneur with consumer rights – a natural person running a sole proprietorship, having an entry in the Central Register and Information on Economic Activity, concluding a contract directly related to his/her business activity, but not having a professional character for him/her, resulting from the subject of the business activity performed, verified on the basis of the provisions on the Central Register and Information on Economic Activity. This applies only to contracts concluded remotely and outside the company's premises
Basket – a list of products made from the Products offered in the store based on the Customer's selection
Customer Account – electronic service, means an individual panel for each Customer, launched on their behalf by the Seller after the Customer has registered
Registration form – a form available on the Seller's website, enabling the creation of a customer account
Contact form – an electronic service, a form in which Users of the website https://sklep.alpakino.pl enter information and data in order to process the submitted application
Blog – an electronic service available on the website for its service users.
Newsletter – an electronic service that allows the service recipient to subscribe and receive free information from the service provider regarding the service to the e-mail address provided by the service recipient
Safe product – means any product that, under normal or reasonably foreseeable conditions of use, including the actual time of use, does not pose any risk or only a minimal risk consistent with its use, considered acceptable and corresponding to a high level of protection of the health and safety of Consumers
Hazardous product – means any product that is not a “Safe Product”
Risk – means the combination of the probability of a hazard causing damage and the degree of seriousness of that damage
Recall – means any measure aimed at achieving the return of a product that has already been made available to the Consumer
Business entity – means the manufacturer, authorised representative, importer, distributor, fulfilment service provider or any other natural or legal person subject to obligations related to the manufacture of products or making them available on the market in accordance with the GPSR Regulation
§3 Electronic services
1. The following electronic services are available on the Website:
1.1 Order form
1.2 Contact form
1.3 Blog
1.4 Newsletter
1.5 Customer account
2. The Order Form service is of a one-off nature and ends when an Order is placed via it or when the Service Recipient stops placing an Order via it earlier.
3. The Contact Form service consists of providing Service Recipients with the possibility of sending messages to the Seller using a form placed on the Website.
4. The Blog service is provided for an indefinite period. The Service User may at any time, without giving a reason, stop viewing the Blog by closing the web browser or going to another website.
5. The Newsletter service is provided for an indefinite period of time for Service Recipients with a registered customer account. The Service Recipient may at any time, without giving a reason, resign from the Newsletter by clicking on the appropriate link available in the message sent as part of the Newsletter or by sending an e-mail to sklep@alpakino.pl . The service consists of the Seller sending to the e-mail address, a message in electronic form containing information about new Products in the Seller's offer, the current commercial offer, promotions, discounts, training and other information regarding the functioning of the online store. The Service Provider reserves the right to discontinue the Newsletter service without giving a reason, after prior notification of this fact to the Service Recipient.
6. The customer account is a service available after registration under the terms described in these Regulations.
6.1 To set up a Customer Account, you must complete the Registration Form. The following information must be provided: name, surname, address, e-mail address, telephone number, password.
6.2 Logging in to the Customer Account is done by entering the e-mail address and password set in the Registration Form.
6.3 The Service Recipient may at any time, without giving any reason and without incurring any fees, delete the Customer Account by sending an appropriate request to the Service Provider, in particular by e-mail or in writing to the Service Provider's address.
6.4 In the event of a breach of the Terms and Conditions, legal provisions or good practices by the Service Recipient, the Service Provider may terminate the contract with the Service Recipient or suspend its performance within a specific Customer Account.
7. The Service Provider is obliged to consider all complaints submitted by the Service Recipient regarding irregularities, faults or interruptions in the provision of Services and the functioning of the Online Store, within a period not longer than 14 days.
8. Complaints regarding electronic services can be submitted:
8.1 via e-mail to the following address: sklep@alpakino.pl
8.2 in a traditional manner by sending a written complaint to the address of the Service Provider: "ALPAKINO" Agata Pilecka, Dąbrowica 224, 39-450 Dąbrowica
9. Free services are available 7 days a week, 24 hours a day.
10. The Service Provider informs that the use of services provided electronically, the public nature of the Internet and its use, may be associated with certain threats, e.g. it may be possible for unauthorized persons to obtain and modify User data, and malicious software may be installed on the device and in the IT system used by the User. Users should use appropriate technical measures to minimize threats.
§4 Conclusion of the sales contract
1. The Seller enables the conclusion of the Sales Agreement via the Order Form on the website https://sklep.alpakino.pl, by telephone on working days between 9:00 a.m. and 5:00 p.m. or by sending an e-mail to the Seller's e-mail address.
2. Orders via the Order Form can be placed 24 hours a day, all year round.
3. In order to place an Order, the Customer must perform the following actions:
3.1 add the selected Product to the Cart by clicking the "Add to Cart" button and then click the "Go to Checkout" button to finalize the Order;
3.2 in the Basket the Customer can:
3.2.1 completely remove selected Products from the Cart by clicking the "X" icon located on the right side of the Cart table,
3.2.2 select the shipping country, delivery method and payment method,
3.2.3 use a discount code;
3.3 After accepting the contents of the Cart and the shipping costs, click the "Pay" button;
3.4 then you must provide the data necessary to complete the Order in one of the following ways:
3.4.1 by logging in to your Customer Account or
3.4.2 by registering a customer account or
3.4.3 by filling out the Order Form after clicking the "Place an order" button
3.4.4 data marked with (*) are mandatory;
3.5 then you should:
3.5.1 read and accept the Store Regulations
3.5.2 confirm that you have read the Privacy Policy and consent to the processing of data for the purposes of fulfilling the Order
3.5.3 click on the "Summary" button
3.5.4 confirm your willingness to conclude the contract by clicking the "Confirm purchase" button;
3.6 When choosing Przelewy24 or PayPal, you must select a payment method from those available, read and accept the operator's regulations, then confirm the Order by clicking the "Confirm order" button or equivalent. Placing an Order involves the obligation to pay.
4. The order sent by the Customer is a declaration of the Customer's will to conclude a Sales Agreement with the Seller, in accordance with the provisions of these Regulations.
5. After placing the Order, the Customer will receive a message confirming receipt of the Order and another message confirming acceptance of the Order, which constitutes the Seller's declaration of intent to conclude a Sales Agreement with the Customer. The Sales Agreement is deemed to have been concluded at the time the Customer receives a message confirming acceptance of the Order by the Seller.
6. The customer is obligated to enter data consistent with the actual state of affairs.
7. The Customer may place an Order without creating a Customer Account.
8. When placing an Order by telephone or via e-mail, a Customer who is not a Consumer should:
8.1 indicate the name of the Product from among the Products available on the Store's websites
8.2 specify the quantity of Products ordered
8.3 indicate the delivery methods and payment methods available from those provided by the Seller on the Store's websites
8.4 provide the data necessary to complete the Order, in particular your name, surname, place of residence and telephone number.
9. In the case of an Order placed in a manner other than via the Order Form, information on the total value of the Order is provided by the Seller each time orally after the entire Order has been completed and the Customer who is not a Consumer has provided the form of delivery and payment or by sending information via e-mail to the address indicated by the Customer.
10. In the case of Consumers who placed an Order by telephone or via e-mail, the Seller shall each time send the Consumer a confirmation of the terms of the placed Order, which shall include the following information:
10.1 description of the ordered Product
10.2 the unit and total price of the ordered Products or services along with taxes, including delivery costs and other additional costs, if any
10.3 selected payment method and deadline
10.4 selected delivery method and delivery time
10.5 Consumer's contact details
10.6 Statute
10.7 information on the right to withdraw from the contract together with a sample form.
11. In the case of an Order placed in a manner other than via the Order Form, the Sales Agreement is concluded at the moment the Consumer sends (in response to the confirmation of the terms of the Order sent by the Seller) an e-mail to the Seller's e-mail address, in which the Consumer accepts the content of the sent Order and expresses consent to its execution and accepts the content of the Regulations and confirms that he or she has read the instructions on withdrawal from the agreement.
§5 Order fulfillment deadline
1. The Order will be fulfilled within 48 hours, unless a different time is given in the description of the given Product when placing the Order. Each time, the Order fulfillment time should be counted from the day following the payment date, i.e. the day the payment is credited to the Seller's account.
2. If different delivery periods are provided for the Products covered by the Order, the longest of the provided periods shall apply to the entire Order.
§6 Delivery
1. Delivery of Products takes place via:
1.1 InPost courier company
1.2 placing the Product in the Parcel Locker
2. The Seller allows personal collection of the Order. The Seller will inform the Customer via an e-mail message sent to the address provided by the Customer that the shipment containing the ordered Products is ready for collection.
3. In the case referred to in paragraph 2 §6 of these Regulations, the Customer shall pay for the Order:
3.1 in the form of prepayment via traditional transfer, Przelewy 24, PayPal or
3.2 cash upon personal collection of the Order.
4. In the case referred to in paragraph 2 §6 of these Regulations, the Customer is obliged to collect the ordered Products within a period not longer than 5 calendar days from the moment of receiving an e-mail message with information that the Order is ready for collection. If the Customer does not collect the ordered Products for reasons attributable to him within the above period, the Sales Agreement shall be automatically terminated immediately without the need for any separate declaration by either Party, after 14 calendar days from the moment of receiving the message with information that the Order is ready for collection. The Customer will be informed of the cancellation of the Order by a message sent to the e-mail address he provided. In such a case, the Seller will refund the payment using the same payment methods that were used by the Customer in the original transaction.
5. Information about the costs associated with the delivery of purchased Products is made available in the "Cart" before the Customer places an Order.
6. Delivery of Products to the Customer is subject to payment, unless the concluded Sales Agreement provides otherwise.
7. The customer shall bear the costs incurred as a result of the impossibility of delivering the shipment due to providing false or incorrect personal or address data or unjustified, groundless refusal to accept the shipment.
8. Delivery costs are calculated according to the current price lists of InPost companies and depend on the weight, size of the shipment, the choice of delivery method and the chosen payment method. The customer is informed about the costs when filling out the order form and selects the method and accepts the delivery cost when placing the Order.
9. Delivery of Products for Orders placed via the Order Form is limited to the territory of the European Union and is carried out to the address indicated by the Customer when placing the Order.
10. Delivery of Products for Orders placed by telephone or via e-mail is limited to the territory of the Republic of Poland and is made to the address indicated by the Customer when placing the Order.
§7 Shipments
1. If you choose the InPost courier company as the supplier of the ordered Products:
1.1 The Customer should examine the delivered shipment with the ordered Products in the time and manner accepted for shipments of a given type and check whether the Products are not defective.
1.2 In the event of a loss or damage identified during delivery of the shipment containing the ordered Products, the Customer has the right to request that the courier draw up an appropriate protocol.
1.3 The Customer acknowledges that in the absence of a proper protocol with the participation of the courier, the examination of the complaint may be difficult, and it is therefore recommended to collect evidence confirming the condition of the shipment at the time of its delivery. In such a situation, the Customer should immediately contact the Seller.
1.4 Detailed information on the complaints procedure at courier companies is available in the regulations available on the carriers' websites.
2. If you choose Parcel Locker as the method of delivery of the ordered Products:
2.1 In the event of a loss or damage identified during collection of the ordered Products from the Parcel Locker locker, the Customer should initiate the complaint procedure by completing the instructions in accordance with the instructions displayed on the Parcel Locker screen. In such a situation, the Customer should immediately contact the Seller.
2.2 Detailed information on the InPost Parcel Locker complaint procedure is available in the Regulations for the provision of the "Paczkomaty 24/7" service by InPost Sp. z o. o. on the InPost website.
3. The provisions of paragraph 1 and paragraph 2 of §7 of the Shipment apply to the Customer who is a Consumer or an Entrepreneur with consumer rights.
4. In the case of a Customer who is not a Consumer or an Entrepreneur with consumer rights, failure to report any damage, quantity shortages or incompleteness of the goods related to the delivery within 2 days from the date of delivery of the Product to the address indicated in the Order shall be deemed equivalent to a declaration by the Customer who is not a Consumer or an Entrepreneur with consumer rights that he/she has accepted the Product without any reservations and shall result in the loss of any claims in this respect.
§8 Payments
1. The seller provides the following payments:
1.1 traditional transfer to the Seller's bank account within 2 days from the date of sending confirmation of the conclusion of the contract by the Seller (prepayment),
1.2 cash on delivery, i.e. payment upon receipt directly into the hands of the courier delivering the shipment,
1.3 via Przelewy24 in the form of prepayment by electronic transfer or payment card. The prepayment is made via the external payment system Przelewy24 (operated by PayPro SA with its registered office in Poznań, ul. Pastelowa 8 (60-198), entered into the register of entrepreneurs of the National Court Register maintained by the District Court of Poznań Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register under the KRS number 0000347935, the Tax Identification Number (NIP) 7792369887, with the share capital of PLN 5,476,300.00, fully paid up, and into the register of national payment institutions maintained by the Polish Financial Supervision Authority under the number UKNF IP24/2014,
1.4 via PayPal in the form of prepayment by electronic transfer or payment card. Prepayment is made via the external payment system PayPal. The service is provided by PayPal (Europe) Sarlet. Cie, SCA (RCS Luxemburg B 118 349). PayPal has the appropriate authorisation in Luxembourg to operate as a bank. PayPal operates under the strict supervision of the Luxembourg Financial Supervisory Commission (Commission de Surveillance du Secteur Financier, CSSF). The CSSF maintains a register of organisations supervised by it, which can be accessed at https://supervisedentities.apps.cssf.lu/index.html?language=en#Home. PayPal appears in this register under number B00000351.
2. If the Customer fails to pay within the time limit referred to in paragraph 1 point 1.1 § 8 of these Regulations, the Seller, after a prior ineffective request for payment with an appropriate deadline, may withdraw from the Agreement pursuant to Article 491 of the Civil Code.
3. In case of payment via Przelewy24 or PayPal, the Customer makes the payment before the Order is processed.
4. The Seller will issue the Customer a receipt or invoice without VAT. The Customer agrees to receive electronic invoices from the Seller and to send them to the e-mail address provided by the Customer.
§9 Warranty
1. In the event of non-conformity of the Product with the Agreement, the Customer is entitled to legal remedies by and at the expense of the Seller. The warranty does not affect these legal remedies.
2. Some Products have a manufacturer's warranty valid in Poland. Information about the Product being covered by the Warranty is placed on the card of the given Product
3. The scope of the Guarantor's liability is specified in the Guarantee Document.
4. Warranty rights must be exercised in accordance with the terms set out in the Warranty Document attached to the Product.
§10 Complaints
1. The sales agreement covers new Products.
2. The Seller shall be liable for the compliance of the Product with the Agreement in accordance with applicable law.
3. In the event of non-compliance of the Product with the concluded contract, the Consumer has the right to file a complaint based on the provisions of the Consumer Rights Act of 30 May 2014.
4. Complaints can be submitted to the Seller's address:
4.1 via e-mail to the following address: sklep@alpakino.pl
4.2 in a traditional manner by sending a written complaint to the Seller's address:
"ALPAKINO" Agata Pilecka, Dabrowica 224, 39-450 Dabrowica
5. The complaint should include: name and surname, contact details, description of the defect, date of noticing the defect, proof of purchase, method of responding, as well as the specific request of the Customer related to the complaint. If the complaint concerns the Product, the Product subject to the complaint should be sent back together with the complaint letter. If the data or information provided requires supplementation, before considering the complaint, the Seller will ask the Customer submitting the complaint to supplement it in the indicated scope.
6. The Seller will consider the complaint within 14 days of its receipt and inform the Customer of the decision made in the manner indicated by the Customer in the complaint letter.
7. The Seller is liable for any lack of conformity of the Product with the contract existing at the time of its delivery and revealed within two years from that time, unless the expiry date of the product, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
8. In the case of a Sales Agreement with a Consumer or an Entrepreneur with consumer rights, it is presumed that the lack of conformity of the Product with the contract, which became apparent within two years from the date of delivery of the goods, existed at the time of its delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specificity of the Product or the nature of the lack of conformity of the Product with the contract.
9. If the Product is inconsistent with the contract, the Consumer may:
9.1 request repair or replacement
9.2 submit a declaration of price reduction or withdrawal from the contract when:
9.2.1 The Seller refused to bring the Product into conformity with the contract in accordance with Article 43d section 2 of the Consumer Rights Act of 30 May 2014;
9.2.2 The Seller has not brought the Product into conformity with the contract in accordance with Article 43d sections 4-6 of the Consumer Rights Act of 30 May 2014;
9.2.3 the lack of conformity of the Product with the contract persists despite the Seller's attempts to bring the Product into conformity with the contract;
9.2.4 the lack of conformity of the Product with the contract is so significant that it justifies a reduction in price or withdrawal from the contract without prior recourse to repair or replacement;
9.2.5 it clearly follows from the Seller's statement or the circumstances that he will not bring the Product into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer.
10. The consumer may not withdraw from the contract if the lack of conformity with the contract is immaterial. It is presumed that the lack of conformity of the Product with the contract is material.
11. The Consumer provides the Seller with a Product subject to repair or replacement. The Seller collects the Product from the Consumer at its own expense. The Store does not accept any cash on delivery.
12. The Seller shall return to the Consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Consumer's statement on the price reduction.
13. In the event of withdrawal from the contract, the Consumer shall immediately return the Product to the Seller at his expense. The Seller shall return the price to the Consumer immediately, no later than within 14 days from the date of receipt of the Product or proof of its return. The Store does not accept any parcels sent cash on delivery.
14. The provisions of paragraphs 1-13 of this section shall apply accordingly to the Entrepreneur with consumer rights.
15. If the Customer is an Entrepreneur, the parties exclude liability under warranty pursuant to Article 558 §1 of the Civil Code.
§11 Withdrawal from the contract
1. In accordance with Article 27, paragraph 1 of the Act on Consumer Rights (Journal of Laws of 2014, item 827), a Consumer or an Entrepreneur with consumer rights, concluding a "distance contract" - has the right to withdraw from the contract without giving any reason - within 14 calendar days from the date of taking possession of the Product.
2. The period specified in paragraph 1 begins upon delivery of the Product to the Consumer, the Entrepreneur with consumer rights or a person indicated by them other than the carrier.
3. In the case of a Contract covering multiple Products that are delivered separately, in batches or in parts, the period indicated in paragraph 1 shall run from the delivery of the last item, batch or part.
4. The Consumer or Entrepreneur with consumer rights may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer or Entrepreneur with consumer rights to send the declaration before the expiry of that deadline.
5. The declaration may be sent by traditional mail or electronically by sending the declaration to the Seller's e-mail address or by submitting the declaration on the Seller's website - the Seller's contact details are specified in § 1 section 2. The declaration may also be submitted on a form, the template of which constitutes Annex No. 1 to these Regulations and an annex to the Act of 30 May 2014 on consumer rights, but this is not obligatory.
6. In the event that the declaration is sent by the Consumer or the Entrepreneur with consumer rights electronically, the Seller shall immediately send the Consumer or the Entrepreneur with consumer rights a confirmation of receipt of the declaration of withdrawal from the Agreement to the e-mail address provided by them.
7. Consequences of withdrawal from the Agreement:
7.1 In the event of withdrawal from a Contract concluded at a distance, the Contract shall be deemed not to have been concluded.
7.2 In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer or the Entrepreneur with consumer rights, no later than within 14 days from the date of receipt of the Consumer's or the Entrepreneur's declaration of withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard method of delivery offered by the Seller.
7.3 The Seller will refund the payment using the same payment methods that were used by the Consumer or the Entrepreneur with consumer rights in the original transaction, unless the Consumer or the Entrepreneur with consumer rights has expressly agreed to another solution that will not involve any costs for him.
7.4 The Seller may withhold reimbursement until receiving the Product back or until proof of sending it back is provided, depending on which event occurs first.
7.5 The Consumer or Entrepreneur with consumer rights should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the day on which they informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer or Entrepreneur with consumer rights returns the Product before the expiry of the 14-day period.
7.6 The Consumer or Entrepreneur with consumer rights bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by regular mail.
7.7 The Consumer or Entrepreneur with consumer rights is only liable for a reduction in the value of the Product resulting from using it in a way other than necessary to establish the nature, characteristics and functioning of the Product.
7.8 If, due to the nature of the Product, it cannot be returned by regular post, information about this, as well as the costs of returning the Product, will be included in the Product description in the Store.
8. The right to withdraw from a contract concluded at a distance does not apply to the Consumer and the Entrepreneur with consumer rights in relation to the Contract:
8.1 where the subject of the provision is a non-prefabricated Product, manufactured according to the Consumer’s specifications or intended to meet their individual needs,
8.2 in which the subject of the provision is a Product delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
8.3 for the provision of services for which the Consumer is obliged to pay a price, if the entrepreneur has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the provision that after the entrepreneur has provided the service he will lose the right to withdraw from the contract, and has acknowledged this,
8.4 in which the subject of the provision are Products which after delivery, due to their nature, are inseparably connected with other items.
9. The Entrepreneur does not have the right to withdraw from the contract without giving reasons.
10. Withdrawal from the contract – shipping details:
10.1 via e-mail to the following address: sklep@alpakino.pl
10.2 in a traditional manner by sending a declaration to the Seller's address: "ALPAKINO" Agata Pilecka, Dąbrowica 224, 39-450 Dąbrowica
§12 Product recovery for safety reasons
1. The provisions of this section set out the rules for applying legal remedies in the event of a Product recall initiated by the Economic Operator or ordered by the competent national authority.
2. The economic operator responsible for the recovery of the Product shall provide the Consumer with at least one of the following legal remedies:
2.1 repair of the recovered Product
2.2 replacing the recovered Product with a safe Product of the same type and at least the same value and quality
2.3 refund of the value of the recovered Product, which will not be less than the price paid by the Consumer
3. In the event that other legal remedies are impossible to implement or their application involves excessive costs compared to the proposed solution, the Economic Entity may offer only one legal remedy. Costs that would be disproportionate to the circumstances may constitute grounds for limiting the offer to one remedy.
4. The consumer always has the right to a refund for the Product in the event that the Business Entity fails to repair or replace it within a reasonable time and without significant inconvenience to the consumer.
5. The consumer is entitled to repair the dangerous Product himself only in cases where the repair:
5.1 can be carried out easily and safely by the Consumer
5.2 is provided for in the Product recall notice
6. In the event of a repair as referred to in the preceding paragraph, the Economic Entity shall provide the Consumer with the necessary instructions, free spare parts or software updates.
7. Repair by the Consumer does not deprive him of the rights provided for in Directives (EU) 2019/770 and (EU) 2019/771, including the right to request a refund or replacement of the Product.
8. The remedy must not entail significant inconvenience for the Consumer. The Consumer shall not bear the shipping or other costs of returning the Product. In the case of Products that are not portable by their nature, the Business Entity shall arrange collection.
9. The disposal of the Product by the Consumer shall only be included in the actions to be taken by Consumers in connection with a recall notification if such disposal can be carried out easily and safely by the Consumer and does not affect the Consumer's right to a refund for the recalled Product or to a replacement for safety reasons.
§13 Technical requirements
1. To use the Online Store, the Customer must have:
1.1 computer, laptop or other multimedia device with Internet access
1.2 access to active e-mail, appropriately configured to receive e-mails from the Seller
1.3 Internet browser in the latest available version (Mozilla Firefox, Opera, Google Chrome, Safari or Microsoft Edge)
1.4 the option to save Cookies and JavaScript support is enabled in the web browser
1.5 software that allows you to read files in the .PDF format
2. The Seller's liability is excluded if the Customer has not complied with the above technical requirements necessary to use the Online Store and the Products.
§14 Privacy Policy
1. The administrator of personal data provided when using the Store is the Seller.
2. The purposes and scope of data processing, entities to which the data will be transferred, and the rights of data subjects are described in the Privacy Policy.
§15 Extrajudicial and judicial methods of resolving disputes
1. Extrajudicial methods of resolving disputes:
1.1 The consumer has the right to use out-of-court dispute resolution methods, by filing a request to initiate mediation or a request for the case to be considered by an arbitration court. The request should be filed after the complaint procedure is completed and if both parties to the dispute agree to it. List of Permanent Consumer Arbitration Courts operating at the Voivodeship Inspectorates of Trade Inspection https://www.uokik.gov.pl and https://www.rf.gov.pl. The consumer may also use the free assistance of the District (Municipal) Consumer Ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, Association of Polish Consumers).
1.2 The Seller agrees to submit any disputes arising in connection with the concluded agreements for the delivery of the Product to mediation proceedings.
2. Judicial methods of resolving disputes:
2.1 Any disputes arising between the Seller and the Consumer shall be referred to the competent courts in accordance with the provisions of generally applicable Polish law.
2.2 Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Seller's registered office.
3. In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), the Seller, as an entrepreneur established in the Union concluding online sales contracts or service contracts, provides an electronic link to the ODR (Online Dispute Resolution) platform enabling out-of-court dispute resolution: https://ec.europa.eu/consumers/odr. Seller's e-mail address: sklep@alpakino.pl .
§16 Final provisions
1. Agreements concluded via the Website are concluded in accordance with Polish law.
2. In matters not regulated in these Regulations the following provisions shall apply:
2.1 Civil Code of 23 April 1964 (Journal of Laws 1964.16.93, as amended);
2.2 Act on the provision of services by electronic means of 18 July 2002 (Journal of Laws 2002, item 144, item 1204, as amended);
2.3 Act on Consumer Rights of 30 May 2014 (Journal of Laws 2014, item 827)
2.4 Regulation (EU) No 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety (GPSR).
3. All trade names, company names and their logos used in the Internet Service https://sklep.alpakino.pl/ belong to their owners and are used only for identification purposes. They may be registered trademarks.
4. All materials, descriptions and photos presented on the website https://sklep.alpakino.pl are protected by copyright and are the property of the Seller. These materials may not be distributed, made available and reproduced without the written consent of the Seller. All materials, descriptions and photos presented on the website of the Internet Service https://sklep.alpakino.pl are used for informational purposes.
5. Customers are required to use the Service in a manner consistent with applicable law, social and moral norms and the provisions of the Regulations. As part of using the Service, it is prohibited to provide any information of an unlawful, offensive nature, or violating personal rights.
6. The Seller reserves the right to make changes to the Regulations for important reasons, e.g. changes in legal regulations, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations, changes in technology. The new Regulations enter into force on the date of publication on the website of the Internet Service https://sklep.alpakino.pl on the Regulations subpage. The version of the Regulations in force on the date of conclusion of the Agreement shall apply to agreements concluded before the change in the Regulations. Customers with an Account will be additionally informed of the changes together with their summary to the e-mail address provided by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. In the event that the Customer with a Customer Account does not accept the new content of the Regulations, they are obliged to notify the Seller of this fact within 14 days from the date of notification of the change in the Regulations. Notifying the Seller of the lack of acceptance of the new content of the Regulations results in the termination of the Agreement.
7. These Regulations enter into force on 13 December 2024.
Annex No. 1 - Withdrawal form
