> Regulations

CERTEN Shop Regulations

 

I. General Provisions

 

  1.         CERTEN web shop operating at www.certen.com, hereinafter the Shop, is an ICT sales platform, operated by: Certen spółka z ograniczoną odpowiedzialnością spółka komandytowa with the registered office in Ostrzeszów (the Republic of Poland), entered into the register of entrepreneurs under the KRS number 0000512615, whose registration files are held by the District Court for Poznań – Nowe Miasto and Wilda in Poznan, 9th Commercial Division of the National Court Register, using the assigned tax identification number (NIP) 5140336263 and the business registry number (REGON) 302739964, with registered address at Ul. Powstańców Wielkopolskich 31B, 63-500, Ostrzeszów, hereinafter “the Seller“.
  2.         The Seller shall make available the following e-mail address and phone number for contact purposes: [email protected], phone no. +48 62 738 88 77 (call fee according to the operator’s tariff). The specified telecommunication and address data ensure quick and effective contact with the Seller.
  3.         Address for filing complaints: Ul. Powstańców Wielkopolskich 31B , 63-500 Ostrzeszów.
  4.         These regulations, hereinafter “the Regulations” describes in detail the rights and obligations of the buyers and the Seller.

 

 II. Conditions of sale of Goods

 

  1.         The Seller offers products for sale on the Internet, in particular breathalysers and breathtests, through the Store, which are hereinafter referred to as: “Goods” or “Products”.
  2.         The party to contracts concluded with the Seller in connection with sales made in the Shop, hereinafter: "The Customer" may be a natural person with full capacity of legal actions, a natural person with partial capacity of legal actions (a minor 13 y.o. or above or a person legally incapacitated) who has a consent of the statutory guardian, a legal person or organizational unit without legal personality, but with legal capacity. The Seller accepts purchase orders made via the www.certen.com website interface.
  3.         The orders are placed in the Shop by using a button marked as “placing order results in payment obligation”.
  4.         A Customer who has placed an order receives an email confirming the acceptance of the order by the Seller (the moment when a sale contract is concluded).
  5.         The notification mentioned under Item 4 contains information about the Product covered by the order, including, in particular its main features, price, with all taxes, fees for transportation, delivery, mail service and other costs, if such are related to the execution of the order, along with the method and date of payment for the Product covered with the order. The Seller confirms in this way the conclusion of the contract, at the same time sending the content of the Regulations, thus fulfilling the obligation of providing the Customer, who is a consumer, information mentioned under Art. 12 Item 1 of the law dated May 30, 2014 on consumer rights (Journal of Laws of 2014, Item 827).
  6.         The Seller allows Customers to pay for the ordered Products in the following manners:

a)    for orders made in the European Union territory - payment on delivery - in cash to the shipper or in the shipper’s office, on receipt of the Products and via the PayPal electronic payment system;

b)    only for orders completed in the Republic of Poland - as indicated in b) above, or by paying card or by wire transfer through PayU.pl system. (PayU.pl is a third party service that allows payments for www.esmokingworld.com by paying card or the so-called quick wire transfer. The quick wire transfer consists in that the Customer is directed to their bank's website, where they log in and receive a password protected wire transfer form. The Customer is not required to provide any other information. At the same, immediately after such wire transfer is made, the Seller receives information that the order is paid for and that the Goods can be shipped. The entire transaction is handled by PayU S.A. with registered office in Poznań; PayU guarantees the safety of the transaction.),

  1.       The Seller commences the execution of the order: 

a)      for cash payment on delivery - when the Customer makes the order,

b)      for other payment options - upon successful authorization of the money transfer,

c)      for Product orders as stipulated in sec. 10 hereunder, paid on delivery - on the indicated day of product availability,  for other payment options - earliest on the day specified as Product availability date, however no earlier than after successful payment authorization.

  1.       For each order a VAT invoice is issued, or a cash register receipt for consumers.
  2.       If the order placed by the Customer cannot be completed due to the lack of specific Goods, the Customer will be informed about this immediately and within 30 days from the moment of conclusion of the contract (see Item 4 above), at the latest, the Customer will be reimbursed the amount paid. At the Customer's option, the Seller will inform the Customer about the time of delivery of the unavailable Goods and should the Customer expressly agree to this time of delivery, the order will be considered valid and only the time of completion will be changed in relation to the arrangements made by the Parties. At the Customer's express request, the Parties may also agree otherwise.
  3.   The Seller advises in case of temporary unavailability of the Goods of which they are informed, the Website Operator will publish information in the e-shop on the time of future availability of the Goods.

 

III. Prices

 

  1.         All Store prices are given in Polish zloty (PLN), including VAT.
  2.         The price listed at the Product, in the currency selected by the Customer when placing the order, is binding at the time of placing the order by the Customer.
  3.         The shipment costs depend on the method of shipment selected by the Customer.
  4.         Current information on delivery expenses is available on the website www.certen.com/pl/content/6-regulations.

 

IV. Terms of Delivery of the Goods

 

  1.         The Goods are shipped by the Shop immediately after commencing the execution of the order, pursuant to Item  II.7 of the Regulations.  The Customer will be informed on the forecasted, estimated time of delivery of the Goods. In each case the Seller makes best efforts to ensure the Goods are delivered to the Customer within 30 days from the beginning of execution of the order, satisfying the time the Seller has to fulfil their obligation towards the Customer.
  2.         The Goods are shipped by Poczta Polska S.A. (only in the Republic of Poland) or a courier; the Customer whose order is to be completed in the Republic of Poland selects the method of delivery, after receiving information on the costs associated with a given method of delivery. The Customer is informed about the costs of the delivery of the Goods before selecting the method of shipment and placing the order. 
  3.         The time of delivery of the parcel with the ordered Goods to the Customer depends on the method of delivery (Poczta Polska - priority parcel: up to 3 business days; courier in the Republic of Poland: up to 2 business days; courier outside the Republic of Poland: as advised by the courier).

 

 V. Withdrawal from the Contract

  1.         Pursuant to the regulations of the consumer rights law dated May 30, 2014  (Journal of  Laws of 2014, Item 827), each Customer that purchased Goods from the Shop as a consumer in the meaning of the regulations of the Civil Code, may withdraw from the Goods sales contract under principles and manner described in the content of Attachment No. 2 hereto.
  2.         To use the right to withdraw from the contract read and follow the information in Attachment No. 2 hereto.
  3.         The Seller shall make available a form of withdrawal from the contract, whose model is in Attachment no. 1 hereto. To withdraw from the contract the Customer may use the form.

 

 VI. Complaints

 

  1.         The Seller is obliged to provide the Customer with Goods free from physical and legal defects. In particular, a physical defect consists in nonconformity of the Goods with the contract manifested, in particular, in:

a)         the lack of properties that the Goods of this kind should have given the purpose determined in the contract or resulting from circumstances or appropriation;

b)        the lack of properties of the Goods, about the presence which the Seller assured the Customer, in particular in the description published in the Shop,

c)         the lack of fitness of the Goods to the purpose, about which the Customer informed the Seller when concluding the Contract, if the Seller did not raise reservations concerning such a purpose of the Goods,

d)        issuing incomplete Goods to the Customer.

  1.         If the Goods have defects present therein when received by the Customer or were damaged during delivery, the Customer has the right to send the Goods, along with a written complaint, by mail, to the Seller’s address specified under Item  I.3. of the Regulations, and the costs of the shipment are borne by the Seller. The Seller requests the Customers to provide a possibly detailed description of the defect in the complaint and to specify how they wish to have the complain handled, as well as to provide the original VAT invoice or receipt or its legible copy. The Website Operator will ask the Customer to provide full information in the complaint if required. Any additional inquiries or requests from the Seller will only aim to benefit the Customer and to make it possible to handle the Customer's complaint as good and quick as possible, and have no bearing on the date of replying to the submitted complaint.
  2.         The Seller is responsible for the defects present in the Goods on the moment of issuing or resulting from circumstances present in the Goods on the moment of issuing, if such defects were identified within two years from the day of delivering the Goods to the Customer.
  3.         The Customer may demand to have the Goods replaced with Goods that are free from faults or repaired, and also to withdraw from the contract or demand a reduction in the price if the Seller fails to suggest a replacement or repair.
  4.         The Customer is obliged to replace the defective Goods or remove the defect in reasonable time, without excessive strain for the Customer.
  5.         If the Seller fails to remove the defect or replace the Goods with one that are free from defects immediately and without excessive strain for the Customer, the Customer has the right to file a notification about price reduction or withdrawal from the Contract. The stipulation is not applicable in relations between the Seller and Customers who are not consumers in the meaning of the Civil Code regulations.
  6.         The Seller shall reply to a complaint submitted by the Customer who is a consumer in the meaning of the Civil Code regulations within 14 days from the date of receiving it, and within 30 days in other cases.
  7.         The Seller shall be responsible towards the Customer under principles specified hereinbelow:

a)         in relation to Customers who are consumers in the meaning of the Civil Code regulations, if a defect is identified before the expiry of 2 years from the delivery of the Goods, and the Seller is informed about it no later than within 1 year from the day of identification of the defect,

b)        in relation to Customers who are not consumers, if a defect is identified before the expiry of 2 years, and the Seller is informed about it no later than within 7 days from the day of identification of the defect.

  1.         If the Seller fails to investigate the complaint according to the expectations of a Customer who is a consumer in the meaning of the Civil Code regulations, the Customer may pursue out of court methods of investigating complaints and pursuing claims. For this purpose the Customer may, at their option:

a)    address the relevant regional Trade Inspection Office to commence free of charge mediation proceedings on the amicable conclusion of the dispute,

b)    submit the dispute for resolution by contacting a permanent trade arbitration court operating in the relevant regional Trade Inspection Office,

c)    request a free of charge advice from the district (municipal) consumer advocate who, on behalf of the Customer, may address the Seller to amicably conclude the dispute or bring an action against the Seller on behalf of the Customer.

  1.     The detailed information on the possibilities of pursuing, by the Customer, the out of court methods of investigating complaints specified in Subitems a) - c), making claims and the principles of accessing such procedures, are available in registered offices and websites of regional Trade Inspection Offices, district (municipal) consumer advocates and social organization, whose statutory tasks include the protection of consumer rights. 

 

VII. Personal data

  1.         The Seller is the administrator of personal data.
  2.         The administrator processes only the data submitted by the User voluntarily by purchasing from or registering in the Shop, namely: first name, family name, e-mail address, date of birth, telephone number, address of residence, shipping address, tax ID (NIP) for business Customers.
  3.         Customer’s personal data are processed exclusively to the extent required for executing the agreement as well as making out and sending invoices and for marketing purposes, insofar as agreed upon by the Customer.
  4.         The Customer has the right to access, edit or remove his or her personal information.
  5.         Personal data processing is handled as per the Act of August 29, 1997, on personal data protection (i.e. Polish Journal of Laws  of 2002, volume 101, item 926, as amended).

 

 

VIII. Final provisions

  1.         Customers who place orders are obliged only to provide in the order data consistent with actual conditions.
  2.         The Seller reserves the right to change the assortment of Goods, to hold, change and cancel promotional actions, which will have no effect on the orders previously placed by and/or under completion for the Customer.
  3.         These Terms and Regulations come into force on the day of publishing in the online shop at www.certen.com/6-regulations and are in effect for indefinite period of time. 
  4.         The Parties shall attempt to settle amicably any disputes that may arise between the Customer and the Shop on the basis or in relation to the contract concluded by the Parties under the Terms and Regulations. If it is impossible to reach an agreement, the disputes will be solved only by a Polish common court competent for the Website Operator's registered office; this stipulation does not apply to Customers who are consumers as understood by the Civil Code regulation in force in the Republic of Poland.
  5.         Every Internet user is entitled to download the content of the Terms and Conditions for printing, published at the www.certen.com/6-regulations, and save it on their own data carrier.
  6.         The law of the Republic of Poland is applicable for obligation relations between the Customer and the Shop to such extent as permissible in the view of legal regulations specified by European Union authorities or international agreement standards, with the Republic of Poland being a party to such agreements.
  7.         The Terms and Conditions are drawn up and made available to Customers in Polish, English and German versions; in case of discrepancies between the language version or in case of interpretation doubts regarding specific stipulations of the Terms and Conditions the Polish language version will prevail.
  8.         The Regulations come into force on December 25, 2014.
  9.         For sales contracts concluded through the Shop until December 24, 2014 the regulations in force before December 25, 2014 shall apply; the regulations is available at www.certen.com/content/6-regulations

Attachment No. 1 to CERTEN Shop Regulations

 

FORM OF WITHDRAWAL FROM THE CONTRACT

 

(place) ............................. (date) .........................

Addressee

CERTEN spółka z ograniczoną odpowiedzialnością spółka komandytowa, Ul. Powstańców Wielkopolskich 31B 63-500 Ostrzeszów, [email protected], phone +48 62 738 88 77

 

I/we* hereby inform about my/our* withdrawal from the contract of sale of the following goods:

1)        .......................................................,

2)        .......................................................,

3)        .......................................................,

Date of acceptance of the item: ................................................

Consumer/s full name/s: ............................................................................... ......................................................................................................................................................

Consumer/s full address: ...............................................................................

Method of reimbursement of the amount of money received by the Seller:

1)      Same as for the original transaction*

2)      Other: (please indicate – in particular the bank account number)* ............................. ......................................................................................................................................................................................................................................................................................

Consumer/s signature/s: ...............................................................................

.......................................................................................................................................................

 

* delete where inapplicable

Attachment No. 2 to CERTEN Shop Regulations

 

INFORMATION PERTAINING TO THE USE WITH THE RIGHT TO WITHDRAW FROM THE CONTRACT

 

  1.                    Right to withdraw from the Contract

 

  1.       You have the right to withdraw from the Contract within 14 days, without providing any reasons.
  2.       The time to withdraw from the Contract expires after 14 days from the day on which you entered into the possession of the goods or on which a person other than the carrier but indicated by you entered into the possession of the goods.
  3.       To use the right to withdraw from the Contract you must inform about your decision to withdraw from the Contract by means of an unambiguously worded notification mailed to: CHIC spółka z ograniczoną odpowiedzialnością sp.k., Aleja Wojska Polskiego 23C, 63-500 Ostrzeszów. You may use the model of withdrawal from the Contract, however, this is not obligatory.
  4.       To satisfy the date of withdrawal from the Contract it is sufficient that you mail the information about the execution of your right to withdraw from the Contract before the expiry of the date of withdrawal from the Contract.
  5.       All necessary information can be obtained by calling the hotline at: +48 62 730 30 11

 

  1.                 Results of withdrawal from the Contract

 

  1.       If you withdraw from the Contract, you will be reimbursed for all payments we received from you, including the cost of delivery of the Goods (except for additional costs resulting from the method of delivery you selected other than the cheapest, standard delivery method offered by us), immediately, and in any case no later than within 14 days from the day we received information about your decision on the execution of the right to withdraw from the Contract. The payment will be reimbursed by the same method of payment that you used in the original transaction, unless you expressly consented to a different solution (please indicated expressly in a relevant document or form whether you consent to a different method of payment than the one used in the original transaction; if so, please indicate it expressly). In any situation you will not be bearing any fees related to the reimbursement, except for the cost of delivery of the returned Goods to us.
  2.       We may withhold the reimbursement of the payment until we receive the Goods or a proof that the Goods were shipped, whichever takes place earlier.
  3.       Please deliver or ship the goods to: CHIC spółka z ograniczoną odpowiedzialnością sp. k., Aleja Wojska Polskiego 23C, 63-500 Ostrzeszów, promptly, and in any case no later than within 14 days from the day you informed us about withdrawing from the Contract. The date is satisfied if you ship the Goods before 14 days expire.
  4.       You will have to bear the direct costs of returning the Goods.
  5.       If an item, due to its nature, cannot be mailed back in an ordinary manner, you will have to cover the direct cost of return of the goods. Such costs are estimated to be approximately max. PLN 20.
  1. You are only responsible for the reduction in the value of the Goods resulting from using it in a way different than it was necessary to ascertain the nature, features and function of the Goods.

 

  1.    Limited right to withdraw from the Contract

Among else, the right to withdraw does not apply to contracts:

1)        where the subject of the service are non-prefabricated Goods manufactured according to the Consumer’s specification or serving to satisfy the Consumer’s individual needs;

2)        where the subject of the service are Goods subject to quick deterioration or with short life;

3)        where the subject of the service are Goods delivered in sealed packaging that may not be returned after the packaging is open due to health protection or hygiene considerations, if the packaging was opened after delivery;

4)        where the subject of the service are goods that, after delivery, due to their nature, are connected to other Goods without possibility of disconnecting them.