Terms and Conditions

Regulations of the ALPAK.pl online store updated on 25/05/2018
1. Definitions
Terms used in the Regulations mean:
1.1. Client - a natural person who owns a company, legal person or organizational unit that is not a legal person, the specific legal provisions of which grant legal capacity, which makes orders within the Shop;
1.2. Consumer - in accordance with art. 22 [1] of the Civil Code means a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity.
1.3. Civil Code - the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
1.4. Regulations - these Regulations for the provision of electronic services as part of the Alpak.pl online store;
1.5. Online Store (Store) - an internet service available at www.alpak.pl, via which the Customer may, in particular, place Orders;
1.6. Goods - products presented in the Online Store;
1.7. Sales contract - a contract for the sale of Goods within the meaning of the Civil Code, concluded between ARMED-A Daniel Marciniak and the Customer, concluded using the Store's website;
1.8. Consumer Rights Act - Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);
1.9. The Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
1.10. 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);
1.11. Order - Customer's declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.

2. General provisions
2.1. These Regulations define the rules for using the online store available at: www.alpak.pl.
2.2. These Regulations are the regulations referred to in art. 8 of the Act on the provision of electronic services.
2.3. The online store, operating at www.alpak.pl, is run by ARMED-A company Daniel Marciniak, entered in the business register kept by the Mayor of Kalisz. Registry data: ARMED-ADaniel Marciniak Łódzka 173, 62-800 Kalisz NIP6180023393
2.4. These Regulations specify in particular:
2.4.1. rules for registering and using an account as part of an online store;
2.4.2. terms and conditions for submitting orders via the online store;
2.4.3. the principles of concluding Sales Agreements with the use of services provided as part of the Online Store;
2.4.4. rules regarding the scope and purpose of collecting personal data, storing personal data, and making it available to other entities in order to execute the Order.
2.5. The use of an online store is possible provided that the IT system used by the customer meets the minimum technical requirements:
2.5.1. Any web browser (Internet Explorer, Mozilla Firefox, Opera, Google Chrome or other)
2.6. In order to use the online store, the customer should get access to a computer station or terminal device with access to the Internet.
2.7. In accordance with applicable legal regulations, ARMED-ADaniel Marciniak reserves the right to limit the provision of services via the Online Store to persons who, in the opinion of the company, should not be shoppers (eg, under 18 years of age)
2.8. Customers can access these Regulations at any time via the Regulations link on the main page of the www.alpak.pl website and print it out.

3. Rules of using the Online Store
3.1. The condition to start using the Online Store is registration in the store, as a company or after obtaining the consent of the store administrator, as a non-company natural person.
3.2. Registration takes place by completing and accepting the registration form, available on one of the Store's websites.
3.3. The condition of registration is to agree to the content of the Regulations and the Privacy Policy and provide personal data marked as mandatory.
3.4. ARMED-A Daniel Marciniak may deprive the Customer of the right to use the Online Store, and may restrict his access to some or all of the Online Store's resources, with immediate effect, in the event of a Customer's violation of the Regulations, in particular when the Customer:
3.4.1. provided during registration in the Online Store data that are untrue, inaccurate or out of date, misleading or violating the rights of third parties,
3.4.2. committed through the Online Store to infringe the personal rights of third parties, in particular the personal rights of other customers of the Online Store,
3.4.3. will allow other behaviors that will be recognized by ARMED-ADaniel Marciniak for behavior in violation of applicable law or general principles of using the Internet or affecting the good name of ARMED-ADaniel Marciniak.
3.5. A person who has been deprived of the right to use the Online Store can not re-register without the prior consent of ARMED-A Daniel Marciniak
3.6. In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the degree of security threat to the services provided, in particular measures to prevent the unauthorized collection and modification of personal data sent on the Internet.
3.7. The customer is obliged in particular to:
3.7.1. not providing or forwarding content prohibited by law, e.g. content that promotes violence, defamatory or violates personal rights and other rights of third parties,
3.7.2. use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
3.7.3. not taking actions such as: sending or placing unsolicited commercial information (spam) as part of the Online Store,
3.7.4. using the Online Store in a way that is not harmful to other clients and for ARMED-ADaniel Marciniak,
3.7.5. use any content posted on the Online Store only for personal use,
3.7.6. use the Online Store in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.



4. The procedure of conclusion of the Sales Agreement
4.1. Information about the Goods provided on the Store's websites, in particular their descriptions, technical and functional parameters as well as prices, constitute an invitation to conclude a contract, within the meaning of art. 71 of the Civil Code.
4.2. In order to conclude a Sales Agreement via the Online Store, go to the website www.alpak.pl, select the Goods from the Store's offer, taking subsequent technical steps based on the messages displayed to the Customer and the information available on the website.
4.3. The selection of the Goods ordered by the Customer is made by adding them to the basket.
4.4. When placing orders until the "Order with payment obligation" button is pressed, the Customer has the option of modifying the entered data and the selected Product. To do this, follow the messages displayed to the Client and the information available on the website.
4.5. After providing the Customer using the Online Store with all necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will contain information regarding:
4.5.1. the subject of the order,
4.5.2. unit and total price of ordered products or services,
4.5.3. the cost of the chosen method of delivery,
4.5.4. additional costs, if any,
4.5.5. the total amount to be paid, including all costs listed above,
4.5.6. the chosen payment method,
4.5.7. the chosen method of delivery,

4.6. In order to send an Order, it is necessary to provide personal data marked as mandatory, accept the contents of the Regulations, confirm read the Right to withdraw from the contract and press the "Order with payment obligation" button.
4.7. Sending the Order by the Customer is a declaration of will to conclude a Sales Agreement with ARMED-A Daniel Marciniak, in accordance with the Regulations.
4.8. After placing the Order, the Customer receives an e-mail entitled "Order No. ....." containing confirmation of all essential elements of the Order,
4.9. The contract is treated as concluded when the Customer receives an e-mail confirming the acceptance or information about the order
4.10. Consolidation, security and access to the Order data and General Terms and Conditions (Online shop terms and conditions) takes place via e-mail.

5. Delivery
5.1. The delivery of the Goods takes place to the address indicated by the Customer while placing the Order.
5.2. Delivery of the ordered Goods takes place via courier companies or other forms of dispatch. The costs and delivery methods are in some cases additionally agreed, especially if the delivery is outside Poland or the parcel is non-standard. The approximate delivery costs will also be indicated at the time of placing the Order.
5.3. The time of delivery depends on the inventory at the company's headquarters and is not always the same condition that appears during shopping. Goods that are on order or not in stock are agreed with the customer as separate delivery terms. The customer has the right to cancel the order if he / she does not wish to wait more than 3 days from placing the order to send the parcel

6. Prices and methods of payment
6.1. Commodity prices are given in Polish zlotys net and do not include VAT, customs and any other components resulting from separate export regulations
6.2. The customer has the opportunity to pay the price:
6.2.1. by bank transfer to the bank account number given after placing the order taking into account the currency of the given country
6.2.2. cash on delivery (cash on delivery).

7. The right to withdraw from the contract
7.1. Only the Customer who is also a Consumer has 14 days to withdraw from the contract. The consumer has the right to withdraw from this contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the date on which you came into possession of the item or in which a third party other than the carrier and indicated by you came into possession of the item.
7.2. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an explicit statement (for example, a letter sent by post to Armed-ADaniel Marciniak, Lodzka 173, 62-800 Kalisz or by e-mail to biuro_armeda.pl
7.3. You can also fill out and send the withdrawal form or any other unambiguous statement electronically. If you make use of this option, we will send you a confirmation of receipt of the information about the withdrawal from the contract immediately by e-mail or on explicit request in writing.
7.4. To keep the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
7.5. Please send us your item, the goods to ARMED-ADaniel Marciniak Łódzka 173 62-800 Kalisz immediately, and in any case no later than 14 days from the date on which you informed us about the withdrawal from this contract. The deadline is met if you send back the item, the goods before the deadline of 14 days.
7.6. You will have to bear the direct cost of returning the goods while exercising the consumer's right, unless the return was due to the fault of the seller.

8. Effects of withdrawal from the contract
8.1. In the event of withdrawal from this contract, we will refund all payments received from you, except for additional costs resulting from the method of delivery and customs duties and other taxes chosen by you, if it concerns shipments outside Poland, immediately and in any case not later than 14 days from the date of delivery of the returned goods,
8.2. We can withhold the return of the payment until receipt of the item or until proof of its return is provided to us, depending on which event occurs first.
8.3. We will refund the payment using the same payment methods that you used in the original transaction, unless you have explicitly agreed otherwise; In each case, we try to make the most favorable form in relation to the return of the Consumer
8.4. You are only responsible for reducing the value of things resulting from using it in a different way than it was necessary to determine the nature, characteristics and functioning of things, however, in the event of damage, visible strong features of use or substitution, we have the right to completely refuse to accept the refund and charge additional costs of returning goods from return. The evaluation of the characteristics of the returned goods is carried out by the commission and the client is informed about the results of the evaluation, by e-mail or on explicit request in writing.

9. The scope and purpose of collecting personal data
9.1. The administrator of personal data collected via the Online Store is the company: ARMED-ADaniel Marciniak Łódzka 173, 62-800 Kalisz NIP6180023393 , hereinafter referred to as the "Administrator" and being both the Seller and the Service Provider of the Online Store Aplpak.pl
9.2. The client's personal data is processed on the basis of art. 6 par. 1 lit. b RODO.
9.3. The Administrator undertakes to observe the confidentiality related to the Customer's data and not to disclose the data to unauthorized persons and to securely protect this information against access of any unauthorized persons. The Administrator may not use this data for purposes other than those specified in the Regulations.
9.4. Personal data is stored and processed indefinitely, no longer than it is necessary to achieve the purpose of processing (eg self-marketing, rebate and loyalty program).
9.5. The Administrator may process the following personal data of Customers using the Online Store: name and surname; e-mail address; contact phone number; delivery address (street, house number, apartment number, zip code, city, country), address of residence / business activity / registered office (if different from the delivery address). In the case of non-consumer Clients, the Administrator may additionally process the company's name and the Tax Identification Number (NIP) of the Customer and other data relating solely to the company, such as REGON, work station, and business contact.
9.6. Providing basic personal data referred to in the point above is necessary for the conclusion and implementation of the Sales Agreement in the Online Store. Each time the scope of data required to conclude a contract is indicated previously on the Online Store website and in the Online Store Regulations.
9.7. The customer has the right to request access to his personal data, rectification, deletion or limitation of processing, as well as the right to object to the processing and the right to transfer data.
9.8. The customer has the right to lodge a complaint to the supervisory body, which is the President of the Office for Personal Data Protection.
9.9. The purpose of collecting Customer's personal data by the Administrator:
9.9.1. conclusion and implementation of the Sales Agreement;
9.9.2. direct marketing of the Administrator's own products or services (requires the Customer's consent, which he can withdraw at any time).

10. Possible recipients of personal data of Customers of the Online Store:
10.1.1. in the case of all Clients who place an order in the Online Store, the Administrator provides the collected personal data of the Customer with an Entity dealing with external Accounting, in order to process them to the extent necessary for tax rules;
10.1.2. in the case of a Customer who uses the courier delivery method in the Online Store, the Administrator provides the Customer's personal data collected to a selected carrier or intermediary performing the shipment at the request of the Administrator to the extent necessary for the delivery;
10.1.3. in the case of an order the shipment of which is carried out directly from the wholesaler's warehouse, the Administrator provides the Customer's collected personal data to a selected company performing such type of shipments at the request of the Administrator to the extent necessary for the delivery;
10.1.4. in the case of a Customer who uses the Online Shop with payment / credit card payments, installment payment services or another payment system, the Administrator provides the Customer's personal data collected to a selected entity servicing the above payments in the Online Store to the extent necessary for the payment.

11. Complaints about the Goods
11.1. ARMED-A Daniel Marciniak, as the seller, is liable to the Customer who is a Consumer within the meaning of art. 22 [1] of the Civil Code, under the warranty for defects in the scope specified in the Civil Code, in particular in art. 556 and art. 556 [1] - 556 [3] and subsequent Civil Code.
11.2. Complaints arising from the violation of rights guaranteed by statute or on the basis of these Regulations may be submitted using an electronic system or in writing. ARMED-A Daniel Marciniak undertakes to consider each complaint within 14 days or information about its extension due to waiting for the opinion of the producer of the goods. Failure to notify the Customer about the status of the complaint in the above-mentioned period means acknowledging it as justified.
11.3. ARMED-A Daniel Marciniak informs that not all presented products are produced in own company. The producer is responsible for the warranty of the sold Goods on terms and conditions as well as for the period indicated in the warranty card, sales contract or on the store's websites or information sent electronically. If the guarantee document provides for such a possibility, the Customer may submit his claims under the guarantee directly to an authorized service center, whose address can be found in the warranty card or to the address of the ARMED-Aseller Daniel Marciniak

12. Scope of warranty liability
12.1. Basic warranty period for a non-company Consumer 24 months unless the product is used for commercial purposes.
12.2. The basic warranty period for the Customer, as a natural person having a company, a legal person or an organizational unit that is not a legal person, the legal provisions of which give special legal capacity, starts from 6 months and can be marked for 60 months depending on the separate agreement
12.3. The warranty does not cover:
12.3.1. any defects which occurred due to improper handling of the goods (this includes performing operations which are not described in the rules of use or other parts of the instruction manual, etc.)
12.3.2. any defects caused as a result of repairs, technical modifications, improvements etc. carried out by a different entity than ARMED-A without obtaining approval
12.3.3. any defects or damages caused by the user's fault
12.3.4. any defects or damages that occurred as a result of fire, earthquake, flood, lightning or other natural disasters, environmental pollution and irregular supply of power or surges, operation of the device under unfavorable conditions specified in the user's manual (eg storage of goods other than specified in the specification temperature or humidity range, in the vicinity of harmful chemical materials affecting the materials the machine was made of), improper maintenance, etc.
12.3.5. any defects caused by sand, mud, water and other liquids, etc., which have got between moving parts of the machine
12.3.6. damages caused as a result of natural, partial or total consumption of goods in accordance with the properties or intended use of the goods
12.3.7. consumables that are subject to natural wear

12.4. The warranty granted ensures free repair of damages caused during the operation of the product despite compliance with the correct use of the device by the user.
12.5. The fact and repair of the service is confirmed by a separate letter describing the repair.
12.6. In the event of an unjustified claim in the scope of warranty repair, the costs incurred by the website are charged to the customer.
12.7. Claims shall be reported by the Buyer via the Seller or directly

13. Complaints regarding the provision of electronic services
13.1. ARMED-A Daniel Marciniak takes actions to ensure that the Store operates properly, to the extent that results from current technical knowledge and undertakes to remove any irregularities reported by customers within a reasonable time.
13.2. Irregularities related to the functioning of the Store may be reported in writing to the following address:         ARMED-ADaniel Marciniak, ul. Łódzka 173, 62-800 Kalisz, by e-mail to biuro_armeda.pl
13.3. In the complaint, the Customer should provide his name and surname, correspondence address, type and date of irregularities related to the functioning of the Store.
13.4. ARMED-ADaniel Marciniak undertakes to consider each complaint within 14 days or information about its extension due to waiting for the technical opinion of the program producer. Failure to examine the complaint within the above deadline means that it is justified.

14. Settlement of disputes and final provisions
14.1. A customer who is a Consumer may use non-judicial means of dealing with complaints and redress if interested. Disputes regarding online purchases can be solved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or before the arbitration court at the Provincial Inspectorate of Trade Inspection. The consumer may also use other methods of out-of-court dispute resolution and, for example, file a complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/
14.2. If the Consumer is not interested in the possibility of using out-of-court dispute resolution, resolution of any disputes arising between ARMED-ADaniel Marciniak and the Consumer will be subject to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
14.3. Settlement of any disputes arising between ARMED-ADaniel Marciniak and the Customer who is not also a Consumer will be after the attempt of amicable settlement of the dispute submitted to the court competent for the headquarters ARMED-A Daniel Marciniak.
14.4. In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services and other relevant provisions of Polish law, as well as European Union law, in particular the GDPR, shall apply.

15. Copyright
15.1. The content of the Aplpak.pl website is owned by ARMED-ADaniel Marciniak, and all copyrights and property rights to any elements (text, graphics, page layout, etc.) are reserved, including the content of these regulations
15.2. The website and all its elements are protected by law, in particular the Act of February 4, 1994 on copyright and related rights (consolidated text Journal of Laws from 1980.80.904, as amended), and the Act of April 16, 1993 year about combating unfair competition (consolidated text, OJ March 13, 1503, as amended).