Terms used herein shall have the following meaning:
Commercial information – commercial information within the meaning of
Article 2, point 2 of Act on provision of services by electronic means, and in particular advertisement, commercial offer and news, deals and other Store events;
Client – natural or legal person, or organizational entity which is not legal person but which under special regulations has legal capacity, using the Store, placing Orders (the term shall encompass both clients who are consumers and entrepreneurs);
Consumer – natural person who performs legal transaction within a Store which is not directly related to the person’s business or professional activity within the meaning of Article 221 of the Civil Code;
Online Store, Store – an online store available at www.argentumyachts.com where a Client can purchase specific Goods and use other services offered by the Store;
Goods – products presented in a Store;
Sales Agreement – sales agreement regarding Goods concluded between the Store Owner and a Client via Online Store;
Store Owner – R Consulting Tomasz Barałkiewicz with registered office in Poznań, ul. Skibowa 14, registered in Central Electronic Register and
Information on Economic Activity, REGON 634156381, NIP 7821689845;
Order – activity undertaken by a Client which involves choosing selected
Goods in the Store which directly leads to the conclusion of Sales Agreement with the Store Owner on the sale of those Goods under terms and conditions defined herein.
2. GENERAL PROVISIONS
This document constitutes Terms and Conditions within the meaning Article 8 of the Act of 18 July 2002 on the provision of services by electronic means.
Online Store available at www.argentumyachts.com is run by R Consulting Tomasz Barałkiewicz with registered office in Poznań, ul. Skibowa 14.
Information about Goods provided on the Store website, and in particular description of those Goods, their technical parameters and prices do not constitute an offer within the meaning of the Civil Code and are only an invitation to conclude an agreement as defined in Article 71 of the Civil Code.
The rules for using the Online Store and conditions under which purchases can be made are defined in these Terms and Conditions.
The condition for using the Store is reading the Terms and Conditions and accepting them in a way defined in section 4, paragraph 4 below. By accepting the Terms and Conditions the Client consents to all provisions thereof and agrees to abide by them.
The Store Owner shall make these Terms and Conditions available to the Client free of charge prior the Client using the Online Store. The contents
of these Terms and Conditions may be saved by Client by printing, saving on a carrier or downloading at any time from the website www.argentumyachts.com.
Store Owner shall comply with the code of good practices described in Article 2, paragraph 2 of the Act of 23 August 2007 on combating unfair
Using the Online Store is possible providing that the following technical conditions are met by the Client:
the Client needs to have equipment with access to the Internet and working operating system, such as e.g. Linux or Windows,
the Client needs to install on the abovementioned equipment the newest,
most up to date version of Internet browser which gives access to Internet resources, such as: Internet Explorer, Opera, Mozilla Firefox,
Safari, Google Chrome or other compatible browser, as well as
the Client needs to have an active e-mail account.
4. PLACEMENT AND FULFILLMENT OF ORDERS
Making purchases in the Store and placing orders is carried out without registering an account. To have an order fulfilled the Client needs to provide the following data:
Client’s data, such as name, surname, e-mail address, Client’s telephone number, as well as login and password defined by the Client,
shipment information, such as name, surname, street name, building or
apartment number, zip code, address for delivery, as well as
information whether the Client is a private person or an entrepreneur, and whether an invoice will be required.
The Client needs to accept these Terms and Conditions by ticking a checkbox with “I accept Terms and Conditions” next to it as he continues shopping. The Client places an Order without registering an account and follows instructions on the Store’s website.
The Client chooses Goods which he wants to order (including their type and quantity) by adding the items to the shopping cart.
As part of the Order Placement process the Client is obliged to choose payment method for the ordered Goods and define type of delivery.
When placing the Order – until the moment one clicks “Confirm order” (Placing an order entails an obligation to pay) – the Client may modify data which he provided in the process of placing an Order, in particular information regarding the selected Goods, their type and quantity, as well as payment, and delivery place and method.
Information presented in the shopping cart concerning value of the Order includes total cost to borne by the Client in relation to the purchase of Goods, including in particular delivery cost, taxes and any other additional charges.
Once the Client provides all data necessary to place an Order, a summary of the Order shall appear. Order summary shall include the following information:
number and type of purchased Goods,
total value of the Order (price of Goods, delivery cost and any other possible additional charges)
personal data of the Client placing an Order,
information on how the Goods will be received and delivery address,
data required for VAT invoice (if the Client wished to receive an invoice).
Once the Client sends the Order by clicking “Confirm Order” (placing an order entails an obligation to pay) it constitutes a declaration of will of the Client to conclude Sales Agreement with the Store Owner regarding Goods listed in the Order according to these Terms and Conditions.
Sales Agreement is deemed to be concluded once the Order is placed.
5. PRICES OF GOODS AND FORMS OF PAYMENT
Prices of Goods on the Store website are gross prices and they include VAT and any other price components.
The Store Owner reserves the right to change prices of Goods presented on the Store website and to introduce new Goods, organize and recall any promotional actions and sales. The abovementioned right has no influence on the Order which had been placed before the changes regarding price, promotional action conditions or sales conditions took place.
The Client may choose to pay for the ordered Goods in the following ways:
electronic money transfer – paid directly to the bank account of the Store Owner at mBank with the following account number: 98 1140 2004 0000 3002 1416 3832 via payment system such as payu.pl or PayPal.com; The Goods will be shipped once the money is received;
credit card – credit card shall be charged once the Goods are dispatched;
traditional money transfer – paid directly to the bank account of the Store
Owner at mBank with the following account number: 98 1140 2004 0000 3002 1416 3832 please put under “Title” your Order number; The Goods will be shipped once the money is received;
paid in cash upon reception – payment in cash in the office of the Store – address: ul. Skibowa 14, 61 – 312 Poznań.
If a Client chooses to pay for the ordered Goods by means of electronic money transfer, such payment should be made within 7 days counting from the day Order placement is confirmed. If there is no payment within the period defined above, the Order shall be cancelled.
For each Order the Client shall receive a receipt. If the Client needs it,
the Store can issue a VAT invoice.
6. DELIVERY COST AND TIME
Delivery of Goods shall be carried out by post, i.e. Poczta Polska.
The Client is informed about total delivery cost before he confirms placing an Order. The cost of delivery of Goods to the Client is:
PLN 12.99 for domestic delivery and in case 2 items are purchased, the delivery is free of charge,
EUR 8.99 for delivery abroad and in case 3 items are purchased, the delivery is free of charge,
if the delivery is outside Europe then the cost of delivery will be defined individually according to the pricelist of Polish postal company Poczta Polska.
Expected delivery date for the ordered Goods is 3 working days in case of domestic delivery counting from the day the consignment is sent via Poczta Polska, and in case of delivery abroad it is 8 working days from the day the consignment is sent via Poczta Polska.
In case Goods which are made especially for the individual Order of the Client lead time shall be defined separately and the date of Goods delivery may be subject to change.
7. GOODS WARRANTY AND COMPLAINTS
The Store Owner is a manufacturer of Goods and shall deliver to the Clients Goods which are free from defects.
If Goods are found to have a physical or legal defect, then the Client shall be entitled to file a complaint.
The Clint may file a complaint in a way he chooses:
by means of electronic mail by sending an e-mail to email@example.com;
in writing by sending a letter to the headquarters of the Store Owner, i.e.: R Consulting Tomasz Barałkieiwcz, ul. Skibowa 14, 61 – 312 Poznań.
A complaint should include a description of the fault, a date when Goods were purchased, a date when fault was noticed and Client’s expectations with regard to how the fault should be removed.
The Client should – if it does not prejudice rights of the Client resulting from Sales Agreement or provisions of the law – deliver the faulty Goods to the seat of the company to the following address: ul. Skibowa 14, 61 – 312 Poznań, and do so without delay so that the Store Owner can inspect the Goods and undertake other recommended actions to consider the complaint.
If the Goods have a fault, the Client can make a declaration about price reduction, declaration about rescission of the agreement (demand money back), demand that the faulty Goods are replaced with Goods free from faults or demand that the fault is removed.
The Client can make a declaration about price reduction or rescission of the agreement unless the Store Owner immediately and without undue inconvenience for the Client replaces faulty Goods with Goods free from fault or removes the fault. The above limitation does not apply if the Goods have already been replaced or repaired by the Store Owner, or if the Store Owner did not perform his obligation of replacing faulty Goods with Goods free from faults or did not remove the fault. If the Client is also a Consumer, then instead of having the fault removed by the Store Owner, he can demand that the faulty Goods are replaced with Goods free from faults, or instead of having faulty Goods replaced with Goods free from faults, he may demand that the fault is removed, unless it is impossible to make the Goods comply with the agreement in a way specified by the Client who is a Consumer, or if it would incur excessive costs compared to the solution suggested by the Store Owner. The Client shall not have the right to rescind the agreement if the fault is insignificant.
If the sold Goods have a fault, the Client may demand that the faulty Goods are replaced with Goods free from faults or demand that the fault is removed. The Store Owner shall replace faulty Goods with Goods free from faults or remove the fault in a reasonable time without undue inconvenience for the Client. The Store Owner may refuse to comply with the Client’s demand if making the Goods comply with the agreement in a way chosen by the Client is impossible or, in comparison to the another possible solution of making the Goods
comply with the agreement, would incur excessive costs.
The Store shall consider any complaint within 14 (fourteen) calendar days from the day of receiving the complaint. The Client shall be informed about his complaint being considered by e-mail or in writing via registered mail.
If the complaint is rejected or the Client’s interest is infringed upon, then the Client may seek out-of-court ways of considering a complaint and seeking claims, such a mediation. Regardless of the above, the Client who is a Consumer may ask for help from regional consumer ombudsman. Information on the subject can be found on the website of Office of Competition and Consumer Protection: www.uokik.gov.pl.
8. COMPLAINTS REGARDING FUNCTIONING OF THE STORE SERVICE
The Store Owner shall do his utmost to ensure that Online Store service works efficiently and shall remove in an ongoing fashion any irregularities regarding functioning of the service which are reported by the Clients.
The Client who wants to report irregularities in the functioning of the Store should inform the Store Owner about any irregularities or interruptions in the functioning of the Store by sending relevant information to firstname.lastname@example.org.
In the e-mail message mentioned in paragraph 2 above, the Client should include his name, surname, correspondence address, as well as information about the type of irregularity observed and a date when it was noticed.
The Store shall consider the complaint within 14 (fourteen) days.
9. RETURNS AND REPLACEMENTS
A Client who is a Consumer may rescind the Sales Agreement without providing a reason within 14 (fourteen) days from the day he received the Goods by sending a declaration in writing to the following e-mail address: email@example.com or to the seat of the Store Owner.
The right of the Client who is a Consumer to rescind Sales Agreement is excluded if the subject of Sales Agreement are Goods which extend
beyond the standard offer the Store, or if the Goods were not prefabricated but manufactured according to the Consumer’s
specification or to suit his individual needs; also, if the price or remuneration depend on fluctuations on the financial market over
which the Store Owner has no control and which could take place before rescission date, as well as in case of Goods which due to their nature cannot be returned.
If the Sales Agreement is rescinded than such agreement is deemed as not being concluded and the parties shall return what they provided to each other on the basis thereof.
The Goods shall be returned in unchanged condition, unless a change was necessary during normal handling of Goods. The Goods should be returned immediately, no later than within 14 (fourteen) fays from the day the Client who is a Consumer rescinds Sales Agreement.
A Client who is a Consumer should exercise due diligence so that the Goods which are returned are packed in a way to prevent the risk of damage during transportation.
The Store Owner shall immediately refund the value of the Order, i.e. Goods purchase price together with cost of delivery, no later than within 14 (fourteen) days from the day the Client who is a Consumer rescinds Sales Agreement. The Store Owner shall refund the payment to the bank account provided by the Client who is a Consumer, or alternatively shall return the payment using the same way in which the money was paid by the Client who is a Consumer. In any case, the Client shall not bear any cost of having his payment refunded by the Store Owner.
The Store Owner may suspend the payment until he receives the Goods or until the moment he receives a proof that Goods have been dispatched depending on which takes place first.
The cost of sending the Goods back to the Store shall be borne by the Client. The Goods can be sent back to the Store by the Client using Poczta Polska mailing service, courier or Goods can be delivered in person to the seat of the Store Owner.
Replacement of Goods via Online Store involves exercising a right to rescind sales agreement and placing a new order, as well as making a new payment.
The Client who uses the Store is especially obliged to:
not provide or transfer content which is forbidden by the law, in particular content which is offensive or vulgar, inciting violence or other actions which are against the law or decency, or which infringe upon personal or other rights of third party,
use the Store according to its intended use and not interfere with its functioning, as well as use it in a manner which is not a nuisance to other Clients of the Store,
not use the Store to send or post unsolicited Trade Information (spam),
use any information from the Store website only for his own personal needs,
use the Store in accordance with Terms and Conditions, relevant provisions of the law and general rules for using the Internet (netiquette).
11.PROTECTION OF PERSONAL DATA
The Store Owner as personal data administrator shall make all necessary technical and organizational efforts adequate to the level of risk to ensure security of all personal data provided by the Client in connection with using the Online Store by him.
Clients’ personal data are processed in accordance with the provisions of the Act of 29 August 1997 on the protection of personal data.
Settlement of potential disputes between the Store Owner and a Client who is a Consumer shall be settled by civilian courts according to the provisions of the Code of Civil Procedure.
Settlement of potential disputes between the Store Owner and a Client who is not a Consumer shall be settled by the competent court for the seat of the Store Owner.
Any matters not provided for herein shall be governed by the relevant provisions of the Polish law.
Any potential changes to the Terms and Conditions do not infringe upon the rights of persons who placed Orders or concluded agreements before changes hereto.