Article 1. Preliminary provisions
1. This document (hereinafter referred to as: “GTC”) governs the rights and obligations in connection with some of the products and services offered by Polvinyl Spółka z ograniczoną odpowiedzialnością (limited liability company) with its registered office in Katowice (address: ul. Tadeusza Kościuszki nr 43 lok. 10, 40-048 Katowice) entered into the Register of Entrepreneurs kept by the District Court for Katowice – Wschód, 8th Economic Division of the National Court Register, under No KRS 959666, NIP (Tax ID No.) 6343007921, REGON (National Business Registry No.) 521496093, share capital: 5000 PLN (herein after referred to as the Company).
2. The products and services referred to in paragraph 1 are products and services closely related to the production of vinyl records.
3. GTC regulate the procedure for the sale and delivery of products and the provision of services at all its stages:
1) ordering stage,
2) contract conclusion stage,
3) order execution stage,
4) complaint procedure.
4. The Company sells and delivers products and provides services only outside the business premises, including via the website www.polvinyl.pl (hereinafter referred to as the Website) to consumers, a natural person concluding a contract directly related to their business activity, when it follows from the content of the contract that it does not have a professional nature for them, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity (CEIDG) (hereinafter referred to as a trader with consumer rights) and other business entities (hereinafter jointly referred to as the Client).
5. GTC are available on the Website. Every entity placing an order is obliged to read GTC and accept their content as well as their terms and conditions.
7. These GTC do not apply to the digital distribution service, which is offered on the basis of a separate contract, and other services offered by the Company.
Article 2. Ordering process, contract conclusion and order execution
1. The Company accepts orders for products and services indicated in article 1 paragraph 2 of GTC:
a. via the Website and the forms available there,
b. by email to: email@example.com.
2. The Website and its individual subpages containing a description of products and services, as well as any information regarding products and services, do not constitute an offer within the meaning of the provisions of the Civil Code, but only an invitation to submit offers.
3. The Company also accepts, through the means indicated in par. 1, inquiries or invitations to submit an offer.
4. The Company shall exercise due diligence to respond to all orders and inquiries. In the absence of a response to the submitted inquiry or order within 72 hours on working days, the offer shall be deemed not to have been accepted. If the Company submits an offer via e-mail, the offer shall be valid for 7 working days from the moment of its submission.
5. Placing an order is not equivalent to concluding a sales, delivery or service contract.
6. The Client’s order constitutes an offer within the meaning of the provisions of the Civil Code.
7. The order should contain all the elements necessary for its execution, in particular: full specification of the ordered Products, data on collection or delivery (if the order includes delivery – the exact address of the place of delivery), expected date of completion.
8. In the event the order is incomplete, the Company may ask the Client for additional information necessary to execute the order and to specify the cost of the order.
9. Immediately after receipt of the correct order, the Company shall provide the Client with information about the entire price or remuneration for the placed order, together with any additional costs necessary to perform the contract, e.g. courier and transport costs. The Company shall also provide the Client with full data necessary to make the payment. The Company accepts payments only to a bank account.
10. The Company shall confirm the execution of the order on the day of receiving the prepayment of the entire price for the executed order. The moment of confirming the execution of the order is the moment of concluding the sales or delivery contract or service contract. In the absence of payment of the entire price for the placed order, it shall be deemed that the Contract between the Company and the Client has not been concluded. In the absence of payment of the entire price within 14 days of receiving partial payment, it shall be deemed that the order has not been accepted and the Company shall return the funds obtained to the Client in the same way as partial payment was received.
11. The Client may change any of the terms of the order after receiving the order confirmation only with the express consent (in writing or electronic form) of the Company. Changes to the content of the order shall be made in the manner provided for placing and accepting orders described in this paragraph. Any change of the order may result in a change of the price of the product or service.
12. The Company shall not be liable for the delay resulting from the Client’s failure to provide the materials necessary to execute the order.
13. The Company shall not be liable for delays resulting from the lack of components necessary to execute the order. The delivery time provided by the Company is only an estimated waiting time for products or services, and the lack of components necessary to execute the order may extend the waiting time for the product or service.
14. The Company is not obliged to check whether the materials sent by the Client are consistent with their intentions and whether they comply with the specifications posted on the Website.
15. The Client represents and undertakes that they have an effective right to use any materials provided (whether based on proprietary copyrights or licenses) and that the materials provided do not contain illegal content or content inciting racial, ethnic, religious hatred, do not promote violence, fascism, communism, racism and do not infringe the reputation of third parties. The Client undertakes and ensures that the performance of the contract based on the order does not and will not infringe any intangible property rights, including copyrights, patents, trademarks owned by third parties. The Client shall protect the Company against any claims and legal actions of third parties, arising from or caused by the infringement of any intangible property rights of third parties related to the placed order, contrary to the statements made in this paragraph.
16. In the event of concluding a sales contract, the delivery of products shall be carried out in the manner indicated in the order. Products may be delivered via courier services.
17. The Company informs that it is obliged to provide the Client with a product without defects.
18. The Client who is a consumer or a trader with consumer rights is entitled to an implied warranty on the terms described in the Civil Code.
19. In the case of the Client who is not a consumer and a trader with consumer rights, the Parties limit the Company’s liability for any damage resulting from non-performance or improper performance of obligations under the contract concluded on the basis of the GTC to liability only for wilful misconduct. The Parties exclude liability under the implied warranty towards the Client referred to in the first sentence.
20. In the case of the Client who is not a consumer and a trader with consumer rights, the risk of damage or loss of ordered products passes to the Client at the moment of handing over the shipment to the courier or handing over the shipment for transport or at the moment of personal receipt by the Client.
Article 3. Complaints
1. The Client has the right to submit a complaint regarding the executed order.
2. The Company shall accepy complaints electronically via e-mail to the following address: firstname.lastname@example.org or in writing to the address of the Company’s registered office.
3. When submitting a complaint, the Client should provide their forename and surname, the most complete description of the subject of the complaint, including the offer / order number, request related to the handling of the complaint and the manner in which the Company is to provide a response to the complaint. If the Client requests that the complaint be sent in writing, the Client undertakes to provide the address to which the response to the complaint should be sent in writing.
4. The Company is obliged to respond to the Client’s complaint within 14 days from the date of receipt thereof. The response to the complaint is provided by the Company on paper to the address provided by the Client or electronically, depending on the form of submitting the complaint or the Client’s choice.
5. Pursuant to the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) the user has the right to use online dispute resolution platform (ODR platform). The ODR platform is available at the following address: http://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
6. After making the payment for the order, the Client may not withdraw from the contract concluded in accordance with the placed order, because the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to meet their individual needs.
Article 4. Final Provisions
1. In matters not provided for herein the provisions of the generally applicable Polish law shall apply.
2. In the event that any provision hereof turns out to be invalid or unenforceable, the remaining provisions shall be valid and binding as if the invalid provision did not exist.
3. Contracts concluded on the basis of GTC shall be governed by and construed,in accordance with the Polish law.
4. Contracts concluded on the basis of GTC shall be subject to the jurisdiction of Polish courts,
5. The provisions of GTC, including this paragraph, are without prejudice to the provisions of consumer law, in particular the basic principles of consumer protection.
6. Any disputes that may arise between the Company and the Client in connection with the contract concluded on the basis of GTC shall be settled by:
1) if the Client is not a Consumer or a Trader with consumer rights – by the court having jurisdiction over the registered office of the Company;
2) if the Client is a Consumer or a Trader with consumer rights – by the court of competent jurisdiction pursuant to generally applicable provisions;
7. In the event of discrepancies between the provisions of GTC and the provisions of another contract or individual arrangements between the Company and the Client, the provisions of the contract or individual arrangements shall prevail.