TABLE OF CONTENTS:
The Online Shop www.revolte.pl takes care of consumer rights. The consumer can not waive the rights granted to him in the Consumer Rights Act. The provisions of contracts less favourable to the consumer than the provisions of the Consumer Rights Act are invalid and, in their place, apply the provisions of the Act on Consumer Rights. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them by virtue of mandatory provisions of law, and any possible doubts should be explained in favour of the consumer. In case of non-compliance of the provisions of these Regulations with the above provisions, the priority is given to these provisions and should be applied.
1.1. The Online Shop available at www.revolte.pl is run by REVOLTE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (REVOLTE LIMITED LIABILITY COMPANY) with headquarters in Warsaw (the address of the business place and the delivery address: Krucza 16/22, 00-526 Warszawa, Poland) entered into the Register of Entrepreneurs of the National Court Register under the KRS number 0000853740, registry court in which the company’s documentation is kept: District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register; share capital in the amount of: 5 000 PLN, tax identification number: 7010993130, national economy register (REGON) number 386725178, e-mail address: firstname.lastname@example.org
1.2. These Regulations are addressed both to the consumers and to the entrepreneurs using the Online Shop unless a section states otherwise and is directed only to consumers or entrepreneurs.
2.1. The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.
2.1.1. Account – The use of Account is possible after completing three following steps by the Service Recipient – (1) completing the Registration Form, (2) clicking the “Create Account” field and (3) confirming the willingness to create an Account by clicking the confirmation link sent automatically to the given address of electronic mail. In the Registration Form, it is necessary for the Service Recipient to provide the following data: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and password. In the case of Customers who are not consumers, it is also necessary to provide the company name and the tax identification numbe
188.8.131.52 The Electronic Account service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: email@example.com or in writing to: Krucza 16/22, 00-526 Warszawa, Poland.
2.1.2 Order Form – using of the Order Form begins with adding the first Product to the electronic basket by the Customer in the Online Shop. Placing an Order takes place after the Customer has completed two subsequent steps – (1) completing the Order Form and (2) clicking on the Online Shop website after completing the Order Form “Buy and pay” field – up to that moment it is possible to modify independently all entered data (for this purpose, follow the displayed messages and information available on the Online Shop website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), the e-mail address, the contact telephone number and details of the Sales Contract: Product (s), amount of Product (s), place and method of delivery of the Product (s), the method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and the tax identification number.
184.108.40.206. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service Recipient.
2.1.3. Newsletter – using the Newsletter takes place after providing the e-mail address in the “Newsletter” tab visible on the Online Shop website, to which further editions of the Newsletter are to be sent and clicking the action field. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account – once the Account is created, the Service Recipient is subscribed to the Newsletter.
220.127.116.11. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving reasons, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: firstname.lastname@example.org or in writing to the following address: Krucza 16/22, 00-526 Warszawa, Poland.
2.3. The Service Recipient is obliged to use the Online Shop in a manner consistent with the law and good customs, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing unlawful content.
2.4. Complaint procedure with regard to the Electronic Services:
3.1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Shop in accordance with clause 2.1.2 of the Regulations.
3.2. The Product price shown on the Online Shop website is given in Euro (EUR) and includes taxes. The Customer is informed of the total value of the Product included in the Order, as well as of the delivery costs (including fees for transport, delivery and postal services) and other costs, or the obligation to pay those costs, if the value of those fees cannot be determined, on the Online Shop’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into a Sales Contract.
3.3. The procedure of concluding a Sales Contract in the Online Shop using the Order Form
4.4. The consolidation, security and access to the Customer the content of the Sales Contract concluded by the Customer is effected by (1) providing these Regulations on the Online Shop website and (2) sending the e-mail message referred to in clause 3.3.2. of the Regulations. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller’s Online Shpop.
4.1. The Seller provides the Customer with the following methods of payment under the Sales Contract:
4.2. Payment deadline:
5.1. The product delivery is available on the territory of the European Union.
5. 2 .The delivery of the Product to the Customer is payable, unless the Sales Contract provides otherwise. The Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Shop website in the delivery costs tab and during the Order placement, including when the Customer expreses a will to be bound by the Sales Contract.
5.3. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.4. The deadline for delivery of the Product to the Customer is up to 10 Business Days, unless a shorter deadline is specified in the description of the Product or when placing the Order. In the case of Products with different delivery deadlines, the delivery deadline is the longest given deadline, which, however, can not exceed 10 Business Days. The beginning of the delivery deadline of the Product to the Customer counts from the date of crediting the Seller’s bank account or current account.
6.1. The basis and scope of the Seller’s liability towards the Customer, if the sold product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular in the Civil Code (in particular in Articles 556-576 of the Civil Code).
6.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information on the Seller’s liability for a Product defect and the Customer’s rights are set out on the Online Store website in the complaint information tab.
6.3. A complaint can be made by the Customer, for example:
6.4. It is recommended that the Customer provides in the description of the complaint: (1) the information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) the request to bring the Product into compliance with the Sales Contract or a statement of price reduction or withdrawal from the Sales Contract; and (3) the contact details of the complainant – this will facilitate and speed up the consideration of the complaint by the Seller. The requirements specified in the preceding sentence only take the form of recommendations and do not affect the effectiveness of the complaints filed without the recommended description of the complaint.
6.5. The Seller will consider the Customer’s complaint promptly, no later than within 14 calendar days from the date of its submission. If the Customer who was a consumer, exercising their rights under the warranty, demanded a replacement or a defect removal, or made a price reduction statement, specifying the amount by which the price is to be reduced and the Seller did not respond to the request within 14 calendar days, it is considered that the request was justified.
6.6. The customer who exercises the rights under the warranty is obliged to deliver the defective Product to the following address: Krucza 16/22, 00-526 Warszawa, Poland. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Customer who is a consumer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is.
6.7. Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product to the Customer who is not a consumer shall be excluded.
7.1. The detailed information on using the extrajudicial method of dealing with complaints and pursuing claims as well as the rules of access to these procedures by the Customer who is a consumer are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. At the the Office of the President of Competition and Consumer Protection there is a contact point (phone: 0048 22 55 60 333, email: email@example.com or a written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task, among others, is the provision of assistance for the consumers in matters relating to the extrajudicial solving of consumer disputes.
7.3. A consumer has the following options of using extrajudicial methods of settling complaints and asserting claims: (1) an application to settle a dispute to a permanent amicable consumer court (for more information, please visit: http://www.spsk.wiih.org.pl); (2) an application regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the economic activity of the Seller); and (3) the assistance of the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). The advice is provided, among others, via e-mail at firstname.lastname@example.org and at the consumer helpline number 0048 801 440 220 (call center on Business Days, 8:00 – 18:00, call fee according to the operator’s tariff).
7.4. An online platform for settling disputes between the consumers and the entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for the consumers and the entrepreneurs seeking out-of-court settlement of the contractual obligations arising from an online sales contract or a service contract (more information on the platform website itself or on the Internet site of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8.1. A consumer who has concluded a distant contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in clause 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract can be made, for example:
8.2. An exemplary template of withdrawal form is included in Enclosure no 2 to the Consumer Rights Act and is additionally available in clause 11 of the Regulations and on the Online Store website in the withdrawal tab. The consumer can use the template form, but it is not obligatory.
8.3. The deadline for withdrawal from the contract begins:
8.4. In the event of withdrawal from a distant contract, the contract is considered null and void.
8.5. The Seller is obliged immediately, not later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, to return all payments made by the consumer, consumer the delivery costs of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Shop). The Seller shall refund the payment using the same method of payment as the consumer used, unless the consumer has expressly agreed to a different method of return, which does not cause any costs for him. If the Seller has not offered to collect the Product from the consumer themself, they may withhold the reimbursement of payments received from the consumer until the receipt of the Product or the delivery by the consumer of a proof of its return, whichever occurs first.
8.6. The consumer is obliged immediately, no later than within 14 calendar days from the date on which they withdraw from the contract, to return the Product to the Seller or hand it over to the person authorized by the Seller for pickup, unless the Seller suggested that they will pick up the Product themself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: Krucza 16/22, 00-526 Warszawa, Poland.
8.7. 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.
8.8. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to pay:
8.9. The right to withdraw from a distant contract is not available to the consumer in relation to contracts:
8.10. The provisions regarding a consumer contained in this clause 8 of the Regulations shall apply from January 1, 2021 and with regards to contracts concluded from that day also to the Customer/Service Recipient who is a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).
9.1. This clause 9 of the Regulations and all provisions contained therein are addressed and therefore bind only the Customer or the Service Recipient who is not a consumer and from January 1, 2021 and with regards to contracts concluded from that day also the Customer/Service Recipient who is not a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).
9.2. The Seller shall have the right to withdraw from the Sales Contract within 14 calendar days of its conclusion. In this case, withdrawal from the Sales Contract may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller shall have the right to limit available payment methods, including the right to request a full or partial prepayment regardless of the payment method chosen by the Customer and the fact of conclusion of the Sales Contract.
9.4. The Service Provider may terminate a contract for the provision of an Electronic Service with immediate effect and without stating the reasons by sending an appropriate statement to the Service Recipient.
9.5. The liability of the Service Provider/Seller to the Service Recipient/Customer regardless of its legal basis is limited, both for one claim and for all claims altogether, up to the amount of the price paid and costs of delivery resulting from the Sales Contract, not exceding however the sum of one thousand zlotys (PLN). The amount limitation referred to in the preceding sentence shall apply to all claims directed by the Service Recipient/Customer against the Service Provider/Seller, even if the Sales Contract is not concluded or in cases not related to the Sales Contract. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damage foreseeable at the time of the contract conclusion and shall not be liable for lost profits. The Seller is also not responsible for delay in transporting the shipment.
9.6. All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the headquarters of the Seller/Service Provider.
10.1. The contracts concluded via the Online Shop are concluded in English.
10.2. Change of Regulations:
10.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); for Sales Agreements concluded until December 24, 2014 with Customers who are consumers – the provisions of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws of 2000 No. 22, item 271 with as amended) and the Act on special conditions of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws of 2002, No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with customers who are consumers – the provisions of the Act on Consumer Rights; and other relevant provisions of generally applicable law.
10.4. These Regulations shall not exclude the laws of the country of habitual residence of a consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by a contract. In such a case, the Seller/Service Provider guarantees the consumer the protection afforded to him by provisions which cannot be excluded by a contract.