TERMS AND CONDITIONS FOR ELECTRONIC SERVICES PROVIDED BY ONLINE SHOP CYBUL.EU

DISCLAIMER: This document was translated using free translation service. The only valid Terms and conditions are available in polish language. We do not take any responsibility for mistranslations in the below document.

Preliminary provisions

1. terms and conditions are the Regulations electronic services in the domain of the online domain cybul.eu, which defines the terms of providing Electronic Services by the Seller through the website www.cybul.eu for the benefit of customers.

2. A customer is an entity that concludes an Agreement with the Seller for a service, provided that he has full legal capacity or limited legal capacity in cases regulated by generally applicable law or being a legal person or an organizational unit.

3. A consumer is a Customer who is a natural person and concludes an Agreement not related directly to his business or professional activity.

4. The seller is Paweł Cybulski Cybul Radical Solutions, Sikorskiego 5 street, 05-119 Łajski, POLAND, VAT PL5222773811, which is a service provider, administrator and owner of the Store.

5. The store is an online store run by the Seller a website available on the Internet at www.cybul.eu. The store provides Electronic Services to Clients, including Sales.

6. The Electronic Service is a service provided by the Seller to the Client, based on the Agreement concluded between the parties via the Store, as part of an organized system of concluding distance contracts, without the simultaneous physical presence of the parties.

7. The Cart is the functionality of the Store, which allows the Customer to complete the ordering of the Products. The Product is added to the list of Products covered by the order by using the “add to cart” button, located next to the Product in the area of ​​the Store website.

8. Sales are provided by the Seller to the Customer for the sale of Products without the simultaneous presence of pages (at a distance), through the transmission of data at the Customer’s individual request, sent and received by means of electronic processing devices, including digital compression and data storage, which it is entirely broadcast, received or transmitted via a telecommunications network.

9. A contract is a contract for the provision of Electronic Services by the Seller to the Customer.

10. Contact Details of the Seller are the details of the Seller, by means of which the Customer may contact him, ie Paweł Cybulski Cybul Radical Solutions, Sikorskiego 5 street, 05-119 Łajski, POLAND, VAT PL5222773811, +48 604 468 242, e-mail address: contact@cybul.eu

11. Customer Contact Data is the Customer’s data, by means of which the Seller may contact the Customer, including the address, e-mail address and telephone number.

12. Customer account is a panel managing customer orders, available in the area of ​​the Store, subject to Registration and Login.

13. Registration is the creation of a Customer Account by the Customer, using the Store’s registration form located on his website.

14. The product is presented in the area of ​​the Store by the Seller for Sale.

15. Delivery is delivery of products to the Customer to the place of destination indicated by him, via courier company.

16. Courier company is the performing the Product Delivery activities in cooperation with the Seller.

17. External Payment System – is an online payment system used by the Seller.

18. Working Days are days from Monday to Friday, excluding public holidays in Poland.

§1 General Contractual Terms

1. Seller based on art. 8 sec. 1 point 1 of the Act of 18 July 2002 on the provision of electronic services establishes the Terms and conditions, available at cybul.eu.

2. The Seller provides Electronic Services in accordance with the Regulations and provisions of generally applicable law.

3. The Seller makes these Regulations available on the Store’s website.

4. Customers may at any time: get access to the Regulations, record it, obtain it and reproduce it by printing or saving it on a data carrier.

5. The information provided on the Store’s website does not constitute an offer of the Seller within the meaning of the provisions of the Civil Code, but only the invitation of Customers to submit offers to conclude a Sales Agreement.

6. The provision of all Electronic Services takes place via the Store’s website 24 hours a day, 7 days a week.

§2 Terms of Use and Registration

1. In order to use the Store, it is necessary for the Customer to have a teleinformation device with access to the Internet, a properly configured web browser and an active email account

2. In order to execute the order, it is necessary to provide an active contact telephone number.

3. Use of the Store takes place through familiarization with its contents.

4. The customer can manage his orders using a panel which is an integral part of the cybul.eu website

5. An account can be created by registering on the cybul.eu website. To perform the above it is necessary to complete all the required fields of the form

6. Account registration is synonymous with consenting to the processing of personal data and acceptance of the store regulations

7. To delete you account, click in the right upper corner at “My account” and click on Delete Account

§3 Orders

1. Orders for Products can be placed via the Store’s website 7 days a week and 24 hours a day, through the “place order” function located in the basket

2. The customer can place an order with a registered account in the store or without registering an account

3. After choosing the method of placing the order, the Customer provides:

1. Details of the buyer in order to issue an invoice,

2. delivery information, including the delivery address, e-mail address and contact telephone number,

3. The way of Delivery of Products by choosing the delivery option

4. payment method, by choosing the right payment option.

4. Placing an order is preceded by providing the total amount to be paid including the delivery cost

5. Placing an order can be done by using the “place order” box in the Basket and is tantamount to concluding a purchase contract.

6. Conclusion of the purchase contract is tantamount to acceptance of the store regulations.

7. If the seller can not fulfill the order, he will immediately contact the customer to provide such information. The buyer has the right to cancel the order or part thereof.

8. Confirmation of the order is made by sending an e-mail message to the e-mail address provided in the Customer’s Contact Details. Confirmation of the order acceptance is tantamount to accepting by the Seller an offer to conclude a Sales Agreement made by the Customer.

§4 Sales

1. The Seller provides the Customers with the service of selling Products at a distance via the Online Store.

2. The subject of the Sales Agreement includes the Seller’s obligation to transfer to the Customer the ownership of the Products and release them, and the Customer’s obligation to collect the Products and pay the Seller the price of the Products.

3. The seller has the right to change the prices of individual products at any time.

4. By concluding the Sale Agreement, the Seller undertakes to provide the Customer with Products without defects.

5. The Sales Agreement is concluded upon confirmation of the Customer’s order acceptance by the Seller.

6. The products are shipped or dispatched immediately after placing the order.

7. The release of the Products takes place by delivering by an external company to the address provided by the customer when placing the order, or at the company’s headquarters in case of personal collection as a delivery option.

8. The release of the Products takes place not earlier than after payment by the Customer in the event that the prepayment is chosen as a form of payment.

9. The release of the products is confirmed by the seller by sending an email message to the address provided by the buyer when placing the order.

10. The risk of accidental loss or damage to the item passes to the Consumer after the goods are picked up by courier company.

11. The delivered parcel should be examined by the Client in the presence of the courrier. In the case of damage to the shipment, the customer has the right to request the proper protocol.

§5 Payments

1. The value of payment for the Sale is determined on the basis of the price list of Products, which is on the Seller’s website at the time of ordering the Product. The prices listed on the Store’s website at a given Product are gross prices given in Polish zlotys and include the value of VAT, but do not include the costs of Product Delivery and the selected form of payment.

2. Transaction costs and Product Delivery shall be payed by the Customer.

3. The total price of the order, visible in the basket before the order is executed and includes the cost of transport and payment

4. The Store enables the following methods of payment for the provided Sales Services:

a. by transfer to the Store’s bank account,

b. transfer using the External Payment System – Przelewy24,

c. Pay Pal

5. A bill or VAT invoice, is sent with the product or electronically to the e-mail address provided by the buyer is attached to each purchase.

7. The seller does not sell products with a delayed payment date.

8. The customer agrees to receive invoices in electronic form.

9. The payment shall be returned by the Seller immediately, no later than within 14 days from the date of the cause, in the case of:

a. Obtaining the return of goods in the event of withdrawal from the Agreement by the Consumer,

b. Resignation from the order or part thereof before the order is processed

c. Recognition of a complaint by the seller.

10. The payment is returned by the bank account provided by the customer in the refund form or sent by e-mail to the email address contact@cybul.eu

11. The seller is obliged to refund the amount equal to the value of the purchased products and the cheapest available form of delivery.

§6 Complaints and guarantees

1. Complaints may be submitted in writing, by traditional mail to the address indicated in the Seller’s Contact Details, using the form, a specimen of which is attached to the Regulations, placed in the area of ​​the Store website and available for download here.

2. A complaint should contain a description of the problem and customer identification.

3. The seller recognizes complaints within 14 days from the date of notification. The complaint should contain customer contact details to which the complaint will be processed.

4. If the complaint concerns the Product, in order to consider the complaint by the Seller, the Customer should provide or send the Product that’s the reason for complaint at its own cost to the address of the Seller.

5. Complaints may be submitted under the warranty for defects of Products covered by the Sales Agreement and other Electronic Services.

6. If the product is defective, the customer may request replacement for a product free from defects, or demand a refund.

7. If the Product has a defect, the Customer may submit a statement about the price reduction or withdrawal from the Agreement.

8. The consumer has the option of using the following out-of-court complaint and redress procedures:

a. submission of an application for settlement of a dispute arising from a concluded Sales Agreement to a permanent amicable consumer court operating at the Trade Inspection,

b. submitting the application for the initiation of mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller to the voivodeship inspectorate of the Trade Inspection,

c. the use of poviat or municipal consumer ombudsman or social organization, whose statutory tasks include the protection of consumers.

9. Products may be covered by a manufacturer’s or distributor’s warranty. Information about this type of warranty can be found in the product description. In this case, the Customer is entitled to advertise the Product using the rights resulting from the warranty, by making a complaint to the guarantor. Lodging a complaint to the guarantor can be made through the Seller or directly to the guarantor.

10. The customer may exercise the rights under the warranty for physical defects of things regardless of the rights arising from the warranty.

11. Items purchased from the seller are intended for installation by professionals, the seller is not responsible for incorrect installation.

12. In the event of a defective product, the seller may replace the product with a new one, but does not bear the costs related to the resulting of the failure.

13. Parts sold by the seller are intended for use outside of public roads.

14. The seller is not liable for product damage resulting from the use of products with too low strength. By making a purchase, the Buyer declares that he has the full knowledge needed to estimate the strength of the components necessary for proper functioning in the selected application.

§7 Withdrawal from the Agreement

1. The consumer may, without giving any reason, withdraw within 14 days of the Agreement providing the Electronic Service, including the Sales Agreement, subject to the standards indicated in the text of withdrawal from the Agreement, attached to the Regulations, placed in the area of ​​the Store website and available to download here.

2. The right to withdraw from the Electronic Agreement shall not be entitled to the Consumer, among others in relation to the Sales Agreement when the Seller has fully provided the service with the express consent of the Consumer, who was informed before the beginning of the benefit that after fulfilling the service by the Seller, he will lose the right to withdraw from the Agreement. It’s same in case of ordering goods or services that were customised for customer. An example of such situation is custom color of paint.

3. The Consumer may withdraw from the Sales Agreement by submitting to the Seller a statement on withdrawal from the Agreement. The statement may be submitted on a form, a specimen of which is attached to the Regulations, placed in the area of ​​the Store website and available for download here.

4. In the event of receipt of an electronic statement on the Consumer withdrawing from the Sales Agreement, the Seller shall immediately send the Customer confirmation of its receipt.

5. Immediately, but no later than within 14 days from the day on which the Consumer has withdrawn from the Sales Agreement, he is obliged to return the Product to the Seller or hand it over to the person authorized by the Seller. To meet the deadline, it is enough to return the Product before its expiry.

6. The buyer is obliged to properly pack the returned product and bears full responsibility for delivering the returned product intact. The package must clearly indicate what the product is and who the sender is, ensuring that the sender is the same person who purchased the product. Additionally, for returns from outside the European Union, the package must include the order number, invoice and a proof of customs clearance.

7. The Consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8. In the event of withdrawal from the Sales Agreement, it is considered void.

9. Information on the exercise of the right to withdraw from the Agreement can be found in the instruction on withdrawal from the Agreement, constituting an appendix to the Regulations, placed in the area of ​​the Store’s website and available for download here.

§8 Promotions and promotional campaigns

1. Persons participating in promotions and contests agree to the processing of their personal data.

2. During the promotion, one customer may make only one purchase of goods covered by the promotional campaign, if there is no other information in the promotion.

§9 Supplementary provisions

1. All contents of the cybul.eu website, including logos, graphics and these regulations are the property of the seller and are protected by copyright.

2. The Seller shall make every effort to protect the buyer’s data.

3. The Customer is responsible for the consequences of disclosing his login or password to third parties.

4. The Seller is not responsible for:

a. interruptions in the proper functioning of the Store and improper performance of Electronic Services,

b. Consequences of using the customer’s account by third parties.

c. damages caused by the Customer violating the Terms and conditions.

§10 Final terms and conditions

1. The seller may collect data about the customer through the use of cookies.

2. Personal data of the Store’s users are processed on the basis of users’ consent, or when it is necessary to perform the order.

3. Personal data is collected in order to provide services by the Store. The persons whose data has been collected by the Store have the right to access their data, correct them and make a written request to stop processing them, as well as to oppose this.

4. The rules of processing personal data, privacy policy and the policy of “cookie” files are regulated in the document “Privacy policy and cookie policy”, constituting an appendix to the Regulations, posted in the area of ​​the Store’s website.

5. By concluding an Agreement for the provision of Electronic Services, the Customer voluntarily authorizes the Seller to send information on the Customer’s Contact Details related to the Contracts and their performance, as well as commercial information in the case of expressing separate consent.

6. The Customer who is not a Consumer is obliged to inform the Seller about changes in the Customer’s Contact Details.

7. The provisions of the Regulations do not limit the rights of the Customer being a Consumer, resulting from the provisions of the generally applicable Polish law.

8. If the store’s rules are in conflict with the provisions of Polish law, generally applicable regulations apply.

9. In matters not covered by the Regulations, the provisions of the Polish generally applicable law shall apply.