Valid from May 25, 2018
Terms used in these Regulations mean:
1.1. CUSTOMER - a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; a legal person or an organizational unit without legal personality, to which the law grants legal capacity and which intends to conclude or conclude a Sales Agreement.
1.2. CIVIL CODE - Civil Code of April 23, 1964.
1.3. CONSUMER LAW - the Consumer Rights Act of 30 May 2014.
1.4. CONSUMER - a natural person for whom the conclusion of a Sales Agreement is not directly related to its business or professional activity.
1.5. PRODUCT - a movable item available in the Online Store being the subject of a Sales Agreement between the Customer and the Seller.
1.6. RODO - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (general regulation on protection data).
1.7. ONLINE STORE (STORE) - the Service Provider's online store available at www.alenergy.eu through which the Customer may enter into an Agreement.
1.8. SELLER - ALE Sp. z o. o. based in Łódź, ul. Pojezierska 90 A (91-341) Łódź, entered into the Register of Entrepreneurs kept by the District Court for Łódź - Śródmieście in Łódź XX Division of the National Court Register No. 0000262005, NIP 6252315798, share capital in the amount of PLN 1,750,000, telephone number +48 42 207 73 26, e-mail address: firstname.lastname@example.org.
1.9. PAGE - Seller or customer.
1.10. SALES AGREEMENT (AGREEMENT) - a product sales contract within the meaning of the Civil Code concluded via the Online Store.
1.11. ORDER - Customer's declaration of intent aiming directly at the conclusion of the Product Sales Agreement and defining the essential terms.
2. GENERAL PROVISIONS
2.1. The provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is also a consumer entitled to him by virtue of mandatory provisions of law. In the event of non-compliance of the provisions of these Regulations with the above provisions, priority is given to these provisions.
2.2. The Regulations define the rules of using by customers of the Online Store.
2.3. The Online Store is run by the Seller.
- Google Chrome in versions higher than 30
- Mozilla Firefox in versions higher than 30
- MS Internet Explorer version 10 and higher
- Microsoft Edge 12 and higher
- Opera in versions higher than 30
- Safari versions higher than 7
- IOS Safari version 8 and higher
- Android versions higher than 4.4
- Blackberry version 10 and higher
- Opera Mobile in versions higher than 12
- Android Chrome version 62 and higher
2.5. The Customer is obliged to use the Online Store in a manner consistent with the law and morality with respect for personal rights and intellectual property rights of third parties.
2.6. The Seller undertakes to provide the Consumer with a product without defects.
2.7. The Seller shall not be liable for interruptions or interruptions in the functioning of the Store caused by force majeure, unlawful activities of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
2.8. Submission of orders for Products is possible after creating a Customer account available in the customer's panel on the Store's website or without creating a Customer's account by providing the necessary personal and address data enabling the Order to be processed.
2.9. The Seller shall not be liable for the Customer providing third parties with an email address or data allowing the use of the Customer's account.
3. SETTING AND OPERATING A CLIENT ACCOUNT
3.1. In order to set up a customer account in the store, you must complete the registration form available in the customer panel on the Store website. Creating and maintaining a customer's account is free.
3.2. Logging in to the Customer's account is done by entering the login and password indicated in the registration form.
3.3. The Customer may change his personal data at any time or delete the Customer's account. All modifications of the data can be made after logging in to the customer's account on the Online Store website.
4. CONDITIONS FOR CONCLUDING THE SALES AGREEMENT
4.1. Advertisements, advertisements, price lists and other information about the Products provided on the Online Store's website, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to enter into a contract within the meaning of art. 71 of the Civil Code.
4.2. The Product price shown on the Online Store website is given in Polish zlotys and includes VAT. Regardless of the price of the Product, the Customer bears the cost of delivery of the Product in accordance with the selected form of the shipment and the price list included on the website of the Online Store.
4.3. The Product price shown on the Online Store website is binding at the time the Customer places an Order. This price will not change regardless of the price changes in the Online Store, which may occur in relation to individual Products after the Customer orders.
4.4. In order to place an Order for a Product, the Customer is obliged to enter the Store's website, use the interactive form to select the Product, log in to the Customer's account or use the option of placing an Order without registration and send a correctly completed electronic order form.
4.5. While placing the Order without logging in to the Client's account, one should indicate the following data necessary to place the Order and delivery of the Product: name and surname, address (street, house number, place with postal code), contact telephone number and e-mail address (by means of which the Seller can contact the customer regarding the implementation of his order), product, number of products, payment method, delivery method. During the submission of the Order - until the moment of the final submission of the Order - the Customer has the option to modify the entered data. Providing personal data indicated in the form is necessary to place an Order. While placing an Order with logging in to the Customer's account, one must: log in to the Customer's account, indicate the Product, the number of Products, the method of payment, the method of delivery, data for shipment. During the submission of the Order - until the moment of the final submission of the Order - the Customer has the option to modify the entered data.
4.6. Placing an Order by means of an interactive form takes place when you click on the form: "ORDER WITH PAYMENT OBLIGATION"
4.7. After placing the Order, the Seller immediately (1) confirms its receipt, which binds the Customer with his statement and (2) accepts the Order for execution - at this time the Sales Agreement is concluded, which results in the customer's obligation to pay the sale price and costs of sending the Product. Confirmation of receipt of the Order and acceptance of it for implementation occurs by sending the Client an appropriate message to the e-mail address provided during the ordering process.
5.1. If the Purchase Agreement is concluded, the Product will be sent promptly, no later than within 5 business days from the date on which the amount corresponding to the sale price and the cost of sending the Product affected the bank account indicated by the Seller. Depending on the method of delivery chosen by the Customer, the time of delivery by the carrier should be added.
5.2. The Seller will deliver Products in accordance with the Customer's choice:
5.3. The delivery of Products is available on the territory of the Republic of Poland and abroad.
5.4. Information about delivery costs is available on the Online Store website at www.alenergy.eu when ordering.
6.1. The seller provides the following payment methods:
6.1.1. Bank transfer. In case of making payments by bank transfer, the payment should be made to the account number: 78 1140 1108 0000 5879 6300 1001. When making a payment, the order number should be given in the transfer title.
6.1.2. using the payment system Tpay.com belonging to the company Krajowy Integrator Płatności S.A. ul. St. Marcin 73/6, NIP: 7773061579, REGON: 300878437, KRS: 0000412357
6.1.3. cash on delivery. If you make a payment on delivery, payment must be made via courier.
7. RIGHT TO WITHDRAW FROM THE AGREEMENT
7.1. The consumer who concluded the Sale Agreement may withdraw from it without giving any reason by submitting a relevant written statement within 15 days. To comply with this deadline, it is sufficient to send a statement of withdrawal from the Agreement before its expiry. The above right may be exercised by the Consumer by sending a statement of withdrawal to the address provided by the Seller on the Online Store website. The consumer may also use the electronic withdrawal form available on the Store's website.
7.2. The 15-day period in which the Consumer may withdraw from the Contract of sale counts from the date of receipt of the ordered Product by the Consumer.
7.3. A model statement of withdrawal from the Agreement, which may be used by the Consumer in the implementation of the right indicated in point 7.1. available in the customer panel on the Store website.
7.4. In the event of withdrawal from the Agreement, the Sales Agreement is considered void and the Consumer is released from any obligations.
7.5. The consumer is obliged to return the Product promptly, no later than within 14 days from the date of submitting the statement of withdrawal from the contract, to the address provided by the Seller on the Online Store's website by shipment at his own expense.
7.6. The Seller shall refund the payment made on the purchase of the Product by the Consumer, ie the price of the Product and the cost of its delivery, with the exception of additional costs resulting from the method chosen by the Consumer other than the cheapest method of delivery offered by the Seller. The seller may withhold the return of the payment until receipt of the item or until proof of its return is provided, whichever occurs first.
7.7. The Seller shall return the above-mentioned payments promptly, no later than within 14 days from the date of receipt of the statement on withdrawal from the contract, subject to point 7.6. above, using the same method of payment as used by the Consumer or other method indicated by the Consumer, which does not involve any costs for him.
7.8. The right to withdraw from the contract is not available to the Consumer in relation to contracts:
7.8.1. provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer who was informed before the service begins that after the entrepreneur has fulfilled the benefit he will lose the right to withdraw from the contract;
7.8.2. in which the price or remuneration depends on fluctuations in the financial market, over which the entrepreneur does not have control, and which may occur before the deadline for withdrawal from the contract;
7.8.3. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specification or serving to satisfy his individual needs;
7.8.4. in which the subject of the service is an item subject to rapid deterioration or having a short shelf-life;
7.8.5. in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
7.8.6. in which the object of the benefit are things that after delivery, due to their nature, are inseparably connected with other things;
7.8.7. in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the contract of sale, and which delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;
7.8.8. in which the consumer clearly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those whose performance the consumer demanded, or supplies things other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is entitled to the consumer with regard to additional services or items;
7.8.9. in which the object of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery;
7.8.10. delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
7.8.11. concluded through a public auction;
7.8.12. provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
7.8.13. supplying digital content that is not stored on a tangible medium if the fulfillment of the service started with the consumer's express consent before the deadline for withdrawal and after informing the entrepreneur about the loss of the right to withdraw from the contract.
8. COMPLAINT PROCEDURE
8.1. In the case of a defect of the purchased Product, the Customer has the right to make a complaint based on the provisions concerning the warranty in the Civil Code. If the customer is an entrepreneur, the Seller's liability under the warranty is excluded.
8.2. Complaints may be submitted in writing to the Seller's address or via e-mail email@example.com using the complaint form available in the customer panel on the Store's website. The customer may also use the electronic complaint form available in the customer panel on the Store website.
8.3. We recommend giving in the content of the complaint as much information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities and contact details - it will facilitate and accelerate the processing of complaints.
8.4. By submitting a complaint, the Customer is obliged to provide the Seller with the address provided by the Seller on the Online Store's website, the purchased Product along with proof of purchase. We recommend that you contact us by phone or email with the Seller in advance.
8.5. The complaint will be considered by the Seller immediately, no later than within 14 days.
8.6. The seller's reply is sent to the Customer's e-mail address provided in the complaint application.
8.7. Information on the Consumer's possibility of using the out-of-court complaint and redress methods and rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and on the website of the Office of Competition and Consumer Protection.
8.8. The consumer has the following exemplary possibilities of using out-of-court complaint and redress procedures: - The consumer may apply to a permanent amicable consumer court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection, with a request to settle a dispute arising from the Contract concluded with the Seller; - The consumer may apply to the provincial inspector of Trade Inspection, pursuant to art. 36 of the Act of 15 December 2000 on the Trade Inspection, with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller. - The consumer has the possibility to request a solution to a dispute with the use of the Community extra-judicial settlement of disputes on the ODR platform - https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN
9. PERSONAL INFORMATION
In connection with the amendment of the provisions on the protection of personal data and the application from 25 May 2018 of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free the flow of such data and the repeal of Directive 95/46 / EC (general regulation on data protection) "RODO", we would like to announce that:
9.1. The administrator of the personal data of the Website Users www.alenergy.eu is ALE Sp. z o.o. with headquarters in Łódź at ul. Pojezierska 90A (91-341) Łódź, entered in the Register of Entrepreneurs kept by the District Court for Łódź - Śródmieście in Łódź, XX Division of the National Court Register under No. 0000262005, NIP 6252315798, hereinafter referred to as the "Administrator" and being also the Seller. Contact details: tel. +48 42 207 73 26 e-mail address: firstname.lastname@example.org
9.3. The administrator processes the personal data provided in order to perform the concluded contract. The legal basis for the processing of personal data is the legitimate interest pursued by the epruf (Article 6 paragraph 1 letter f) and the conclusion of a contract of sale or electronic service, and in the case of data processed for the purpose of dispatching the Newsletter, based on granted consent (Article 6 paragraph 1 (a) and the RODO). Providing personal data is voluntary but necessary to conclude a contract. The data necessary to conclude the Sales Agreement are also indicated on the website of the Online Store each time.
9.4. The personal data will be processed for the duration of the contract concluded between the Seller and the Customer, and after its completion for a period resulting from the applicable provisions of law or until the mutual claims expire. Personal data processed for marketing purposes will be kept until the consent is withdrawn.
9.5. Personal data may be disclosed by the Seller to entities cooperating with it (data recipients): (1) to entities providing and supporting IT systems used by the Seller, (2) entities providing services related to the Seller's operations in order to perform their obligations under the contract concluded between The Seller and the person placing the order, in particular in the field of transaction processing, financial and accounting services, customer service (by phone and e-mail), (4) entities providing services in the field of supply of Products (5) to intermediaries in making online payments, ( 6) entities that are suppliers of the Online Store in the scope of complaint services and returns, (6) opinion-forming entities, (7) entities cooperating with the Seller in commercial and promotional campaigns - under relevant agreements entrusting the processing of personal data and providing a pile of by the abovementioned entities with adequate technical and organizational measures to ensure data protection.
9.6. Every person whose data is processed, to the extent resulting from the provisions of law, has the right to access their data and rectification, deletion, processing restrictions, the right to data transfer and the right to object to the processing of data.
9.7. In the event of consent to the processing of personal data for marketing purposes, i.e. processed for the purpose of dispatching the Newsletter, every person whose data is processed has the right to withdraw consent at any time by sending an e-mail to email@example.com or by post. to the address of ALE Sp. z o.o. with headquarters in Łódź at ul. Pojezierska 90A (91-341) Łódź. Revocation of consent does not affect the lawfulness of the processing of data, which was made on the basis of consent before its withdrawal.
9.8. In case of any doubts related to the processing of personal data, each person may ask the Administrator for information. Notwithstanding the foregoing, everyone has the right to lodge a complaint with the supervisory body - the President of the Office for Personal Data Protection.
10. ELECTRONIC INVOICE
10.1. By accepting these Regulations, the Customer purchasing the offered Products automatically asks for an invoice instead of a cash receipt. At the same time, he agrees to receive an invoice (including duplicates and correcting invoices) in electronic form, in accordance with Art. 106n of the Value Added Tax Act of March 11, 2004 (consolidated text, Journal of Laws of 2017, item 1221, as amended). Consent to receive invoices in electronic form is tantamount to resigning from receiving invoices in paper form.
10.2. The electronic invoice will be sent as an attachment in PDF (Portable Document Format) to the message sent to the e-mail address provided by the Customer. The PDF (Portable Document Format) format guarantees the authenticity of their origin, legibility and the integrity of their content. In order to meet the obligation of legibility and integrity of the invoice content, the system through the introduced control systems ensures that the data originally entered on the invoice have not been changed - it is possible to check the date of the last modification. The effective date of delivery of the invoice is the date of registering the shipment on the Seller's server - this applies to both invoices as well as correcting invoices and duplicates. The proof of delivery of the message containing the correcting invoice to the e-mail address indicated by the Customer will be automatic confirmation of delivery generated by the Client's mail server.
10.3. The Seller shall not be liable for the Customer's non-receipt of an electronic invoice if it is caused by reasons beyond the Seller's control, in particular if it results from an incorrect or non-existent e-mail address provided by the Customer; losing the right to use the indicated e-mail address by the Customer; qualify by the IT system used by the Customer of the message to which an electronic invoice has been attached as spam; lack of customer access to the internet connection; deletion by the Customer of a message to which an electronic invoice has been attached; Customer's approval of an attachment containing an electronic invoice for an infected computer virus. The seller is not liable for incorrect customer data indicated by him during registration as appropriate to issue a VAT invoice.
10.4. The Customer's acceptance of the sending of invoices (including duplicates and correcting invoices) in electronic form does not exclude the Seller's right to issue and send paper invoices in the event of technical problems that make it impossible to send invoices in electronic form. The seller may suspend or terminate the sending of electronic invoices for technical reasons or for any reason beyond his control.
10.5. The customer can change the e-mail address (e-mail address) to which e-invoices are sent, or opt out of receiving e-invoices by sending a message to the following address: firstname.lastname@example.org. If the Customer fails to notify the Seller about the change of the e-mail address, correspondence addressed to the current e-mail address is considered to have been properly delivered.
11. FINAL PROVISIONS
11.1. Contracts concluded through the Online Store are concluded in Polish.
11.2. In matters not covered by these Regulations, the provisions of the law in force on the territory of the Republic of Poland, including the Civil Code, the Act of 30 May 2014 on consumer rights and other relevant provisions of the Polish law shall apply.
11.2.1. The choice of Polish law does not deprive the consumer of the protection granted to him under the provisions that cannot be excluded by contract, under the law that would be appropriate in the absence of choice, i.e. the law of the state where the consumer has his habitual residence, and the seller (1) performs your business or professional activity in the country where the consumer is staying; or (2) in any way directs such activity to that country or to several countries with that country; and the contract falls within the scope of this activity.
11.3. Customers can access the Regulations at any time via the link found on the main page of the Online Store. Link to the regulations
11.4. Consolidation, security and access to the content of the concluded Sales Agreement is made by providing the Regulations on the website of the Online Store.
11.5. Disputes arising between the Seller and the Customer who is also a Consumer shall be subjected to the appropriate common courts. Disputes arising between the Seller and the Customer who is not also a Consumer shall be subjected to the court having jurisdiction over the seat of the Seller.
11.6. The Seller reserves the right to change these Regulations for organizational, legal or technical reasons. The Seller shall notify Customers on the Online Store at least 14 days in advance of any change in the Regulations. For orders placed before the entry into force of the new wording of the Regulations, the provisions of the Regulations shall apply in the wording in force on the date of placing the Order.