These Rules regulate legal relations created through the website www.aquacell.pl between the Owner and the User.
1.1 The Rules: this document, which is in force starting from April 5-th, 2016.
1.2 The User: a natural person having a full legal capacity or a legal person or an organizational unit without legal personality but in light of the generally applicable law, a unit having a legal capacity.
1.3 The Owner: Grażyna Pająk and Bogdan Pająk, jointly running a business in a form of a civil law partnership under the name AQUAcell a.s. G. Pająk s-ka, located at 37, Szkolna street, 43-230 Goczałkowice -Zdrój, NIP 638-161- 99-45.
1.4 Website: www.aquacell.pl, the person indicated in paragraph 1.3 of the Rules is its Owner.
1.5 Products: faultless goods or products offered by the Owner, within the range of his/her business.
1.6 Contract: the Contract of sale of the products at the price indicated on the website, where the seller is the Owner and the buyer is the User.
2. [General rules, product ordering]
2.1 Visiting the Website is synonymous with giving a consent to the application of the Rules.
2.2 The usage of the Website is free.
2.3 The User can save the present Rules on a data carrier as a pdf, for further use by downloading it from the Website.
2.4 The Owner is not the manufacturer of the Product but its distributor. The Product is made in the Republic of Austria. Detailed data concerning the Product are available on the Website as well as in the instructions of its usage.
2.5 The Product can be ordered through the Website or directly from the Owner.
2.6 The Product can be ordered through the form on the Website or directly from the Owner.
2.7 The form mentioned in previous paragraph of the Rules, the User will choose a form of payment, a method of delivery of the Products as well as contact details necessary for the execution of the Contract. At the same time, the User is obliged to indicate in the order, according to generally applicable laws, whether he/ she is a consumer or an entrepreneur.
2.8 In the case ordering effectively, the Rules will be sent together with the Product. However, the User agrees to sign the Rules and deliver them to the owner immediately after receiving the Product. It can be delivered personally or through a postal operator, in the form of a registered letter or via an e-mail. When e-mail is chosen, the Rules should be scanned to a Pdf format and sent to the Owner’s email address. Consumers, however, are exempted from this obligation.
3. [The conclusion and execution of the Contract, warranty, liability]
3.1 The User, without a previous acceptation of the Rules, may not enter into a Contract with the Owner.
3.2 The Product indicated on the Website with a price given is not an offer according to the Civil Code, but only an invitation to enter into the Contract.
3.3 The User, while ordering Product, is offering the Owner a conclusion the Contract.
3.4 The Contract is concluded when the Owner accepts the offer.
3.5 If the offer is not immediately accepted by the Owner, it means that the Contract has not been accepted.
3.6 The User will pay the price within 7 days from the date of acceptance of the offer.
3.7 Sending the Product will take place within 7 days starting from the moment of a payment of the full price.
3.8 Payment for the Product may be in any form – both a bank transfer or in cash.
3.9 The data for the bank transfer can be found on the Website.
3.10 If the Owner is obliged to send the product to the address specified by the User, the place of fulfilment of the Contract is the place where the Product is given to the carrier. However, if the buyer is a consumer, then the place of fulfilling the Contract is the address specified by the User.
3.11 The costs of Product delivery shall be borne by the User. A detailed list of these costs can be found on the Website.
3.12 Product delivery may be through its personal collection at the Owner’s headquarters. In the case of such a delivery, the Contract will be concluded at the Owner’s headquarters and the ordered Product was identical to the reserved one. In this case the consumer does not have the statutory right to withdraw from the Contract without giving any reasons for the withdrawal referred to in paragraph 4.5 of the Rules.
3.13 If the buyer is a person who is not a consumer, Contracting Parties consensually exclude warranty for defects of the Product.
3.14 In case of returning the Product, the costs arising from this will be borne by the User, regardless of the purpose of the return, excluding the consumer, who bears only the direct costs of returning the Product, in the case of withdrawal from the Contract in accordance with paragraph 4.5 of the Rules.
3.15 The Owner is responsible for the execution of the Contract, and for its proper execution.
4. [Consumer rights, complaints]
4.1 The Buyer who is a consumer has the right to file a complaint.
4.2 The Owner shall consider the complaint within 14 days of its receipt.
4.3 The complaint may be submitted in writing, send via the postal operator in the form of a registered letter or via an e-mail.
4.4 Electronic communications may be considered as a spam by e-mail filters, the Owner is not responsible for this.
4.5 The Owner is not responsible for any delay in considering a complaint when it is the User’s fault.
4.6 When the Contract has been concluded at a distance or away from the headquarters, the Consumer is entitled to withdraw from the Contract without giving any reason within 14 days of receipt of the Product specified in this Contract. In order to maintain the period mentioned above, the User has to make a statement just before deadline, in accordance with the form on the Website.
4.7 The Consumer is obliged to return the Product without any deterioration within 14 days of withdrawal from the Contract for any reason.
4.8 The Owner will return the price paid by the consumer for the Product within the confines of withdrawal without giving any reason within 14 days from the date of receiving the Product back.
5. [Personal data processing]
5.1 The Owner is the administrator of User’s personal data.
5.2 The User provides his/her personal data voluntarily.
5.3 Providing the User’s personal data is necessary for the conclusion of the Contract.
5.4 The User’s personal data obtained within the confines of the Contract are removed from the list when the Contract is terminated. But not earlier than the expiry of the time limits being in force by the law considering the Owner to store them.
5.5 The User’s personal data may be processed for marketing purposes related to the offer of the business conducted by the Owner. However, such a processing is permitted only with a prior consent expressed by the User. The consent, referred to in the previous sentence can be withdrawn by the User at any time.
5.6 The User’s personal data can be collected and processed in an electronic or a paper form.
5.7 The User has the right to have an access to his/her personal data, in particular a right to update and correct them. However, request for their removal can not cause any damage to any claims of the Owner towards the User, the present and the future ones, in particular those related to the execution of the Contract. The Owner may pass the User’s personal data to other parties in order to enforce the rights.
5.8 Cookies files, concerning the User, are processed by the Owner for statistical purposes.
6.1 Any content placed on the Website is protected by the copyright and the related rights, according to Polish law and international law.
6.2 The Owner reserves all the copyrights to the content indicated in the previous paragraph according to Polish as well as international law.
6.3 Name of the company and its Products posted on the Website are registered trademarks and are a subject to legal protection under the terms of the Intellectual Property Law.
6.4 It is forbidden to use and process, in any way, the content indicated in paragraph 5.1 of the Rules on penalty of both civil and criminal liability provided by generally applicable law.
7. [Final provisions]
7.1 In connection with the execution of the rights and obligations under the Rules, the User may contact the Owner, on the basis of the Owner’s contact data specified in the Rules and the Website. A phone call cost is consistent with the operator's tariff.
7.2 Generally applicable Polish law, in particular the Civil Code and Consumer’s Right Protection shall be applied to the Rules.
7.3 In case of any argument, the parties shall first seek an amicable settlement, by taking action in good faith and with respect for the interest of the other party.
7.4 Any arguments arising during the execution of the Contract shall be settled by the court having jurisdiction over the Owner. However, if the User is a consumer, disputes shall be solved by an appropriate court.