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§ 1 Definitions

  1. Working days - means weekdays from Monday to Friday, excluding public holidays.
  2. Delivery - means the act of delivering by the vendor through the supplier, the goods ordered by the customer.
  3. Supplier - means the entity that carries out the delivery of goods, such as a courier company or a post office box operator (parcel machine).
  4. Order form - means a form available on the store's website, through which the customer can make a purchase, in particular by adding goods to the shopping cart and specifying certain terms and conditions of the sales contract.
  5. Consumer - means a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity. As of January 1, 2021, sole proprietors, making purchases of goods not directly related to their business, acquire the status of consumers.
  6. Delivery cost - the cost borne by the customer for the selected form of delivery.
  7. Customer - means a natural person, a legal person or an organizational unit, which is not a legal person, to which special regulations grant legal capacity, who makes an order within the operation of the store.
  8. Regulations - means these regulations.
  9. Store - means the Internet service, belonging to the seller, operating at the Internet address www.pigamisklep.pl, through which the customer can place orders.
  10. Seller - means PIGAMI with its registered office at Krysztalowa Street, No. 15, premises 61, 20-582, Lublin, entered in the register of the Central Registration and Information on Business Activity (CEIDG) NIP 9462567007 REGON 541452111, which, while conducting a gainful or professional activity, offers sales via its website.
  11. Merchandise - means a movable item presented by the seller through the store's website, which can be traded between the seller and the customer.
  12. Sales contract - means a contract for the sale of goods within the meaning of the Civil Code, concluded between the seller and the customer, through the store's website.
  13. Order - means a declaration of intent of the customer, aimed directly at concluding a sales contract, specifying in particular the type and number of goods.

§ 2 General provisions

  1. PIGAMI online store, operating at the following web address www.pigamisklep.pl, is run by Agata Włostowska-Ryczek, headquartered in Krysztalowa Street, No. 15, loc. 61, 20-582, Lublin, operates under NIP 9462567007 REGON 541452111.
  2. These terms and conditions of the online store specify in particular:
  1. the rules for making purchases from the PIGAMI online store;
  2. rules and procedures for concluding distance sales contracts through the store;
  3. delivery rules;
  4. complaint procedure;
  5. the mode of withdrawal from the contract by the consumer.
  1. With respect to services provided electronically, these rules and regulations are the rules and regulations within the meaning of Article 8 of the Act on Provision of Electronic Services of July 18, 2002 (Journal of Laws of 2020, item 344, as amended).
  2. The terms and conditions are addressed to customers of the online store. All customers are obliged to familiarize themselves with the provisions of the regulations, before making a purchase.
  3. Every customer can read the terms and conditions by clicking on the "Terms and Conditions" tab on the online store's website.
  4. All information contained on the store's website relating to products - including prices - does not constitute an offer within the meaning of Article 66 of the Civil Code of April 23, 1964 (Journal of Laws of 2020, item 1740, as amended), but an invitation to conclude a contract in accordance with Article 71 of the Civil Code of April 23, 1964 (Journal of Laws of 2020, item 1740, as amended)
  5. The seller, to the fullest extent permitted by law, shall not be liable for disruptions including interruptions in the operation of the store caused by force majeure, unauthorized acts of third parties or incompatibility of the online store with the customer's technical infrastructure.
  6. Browsing the store's assortment does not require creating an account. Placing orders by the customer for products in the store's assortment is possible either after creating an account in accordance with the provisions of § 3 of the Regulations, or by providing the necessary personal and address data, allowing the order to be processed without creating an account.
  7. The prices listed in the store are in currencies, depending on the language selected. Prices are given gross (including VAT).
  8. The final (final) amount to be paid by the customer consists of the price for the product and the cost of delivery (including transportation, delivery and postal charges), which the customer is informed about on the store's pages during the ordering process, including at the time of expressing the will to be bound by the sales contract.

§ 3 Creating an Account in the Store

  1. To create an account in the store, you need to fill out the registration form. It is necessary to provide the following data:
  • Name
  • Name
  • E-mail
  • Password
  1. Creating an account with the store is free.
  2. Logging into the account is done by entering the login and password, previously established in the registration form.
  3. The customer has the opportunity at any time, without giving any reason and without incurring any fees for this, to delete the account by sending the appropriate request to the seller, in particular by e-mail or in writing to the address of the store.

§ 4 Receiving and processing orders

  1. The condition for using the store is to read and accept these regulations. By placing an order, the customer accepts the content of the regulations.
  2. Orders from customers are accepted via a sent order form, located on the store's website 7 days a week, 24 hours a day.
  3. Orders for goods are carried out by the customer selecting the goods and clicking the "ADD TO CART" button, located next to the description of the goods, and then from the "CART" panel, located on the store's website, correctly filling out the order form, including the selection of the form of delivery and payment, and then clicking the "ORDER AND PAY" panel. Each time before placing an order, the customer is informed about the details of the seller, the total price for the selected goods and the method of delivery, as well as all additional costs that he is obliged to pay in connection with the sales contract.
  4. In special cases, the quantity of goods that the customer purchases may be limited, of which the customer is informed each time when placing an order.
  5. Once the order has been properly placed, the vendor confirms the order to the customer by sending it to the customer's e-mail address.
  6. After the customer receives confirmation of acceptance of the offer, the vendor's order fulfillment process begins, whereby:
  1. in the case of an order paid on delivery - begins at most on the next business day, after its confirmation by the seller;
  2. in the case of an order paid by bank transfer or credit card - begins at most on the next business day after the payment for the order is credited to the store's bank account.
  1. Orders placed in the store are processed during the store's business hours (on business days, from 8:00 to 16:00). Orders placed outside of store business hours or outside of business days will be processed on the next business day.
  2. The customer will receive a message about the acceptance of the order for processing, which is understood as a statement of the seller's acceptance of the offer. As soon as it is received by the customer, the sales contract is concluded.
  3. A VAT receipt is issued for each order. On request, a VAT invoice is also sent to the customer. The store reserves the right to refuse to issue a VAT invoice to the receipt, in case the customer does not choose such an option at the stage of placing the order. A sales document is issued for each order.
  4. The available means for the customer to communicate with the store are as follows
  1. E-mail address: kontakt@pigamisklep.pl
  2. Phone: 505-551-616
  3. Mailing address: Krystalowa Street, No. 15, loc. 61, 20-582, Lublin
  1. The seller reserves the right to change prices found in the store, introduce new goods for sale, carry out and cancel promotional actions, or make changes to them, in accordance with applicable laws.
  2. If the consumer is required to pay more than the agreed price, the store will immediately inform the consumer of this fact, explaining the reason for the price difference. The consumer will be charged with additional costs only after the consumer's express consent.

§ 5 Delivery

  1. The fulfillment of the shipment of the order in the store is carried out through:
  1. parcel machine operator;
  1. The amount of the shipping fee can be found in the order form and on the store's website.
  2. Orders placed in the store are processed only on business days. Orders placed on Saturdays, Sundays and holidays will be processed on the first working day.
  3. The waiting time is usually up to 5 business days. The waiting time consists of the processing time of the order, so the completion of goods for the order, shipping and the expected delivery time.
  4. The vendor is not responsible for delays due to the fault of the supplier.
  5. When receiving the shipment delivered by the courier, the customer should in his presence carefully check the content and completeness of the shipment, the condition of the outer packaging and the condition of the ordered goods. In case of damage to the shipment, the customer should draw up a damage protocol with the courier, in two identical copies signed by the customer and the courier.

§ 6 Payments

  1. As part of the operation of the store, the following payment methods are possible:
  1. By credit card, bank transfer or other payment instrument through a third-party fast payment system.

§ 7 Complaint

  1. The Seller shall be liable under warranty for physical and legal defects of the goods, to the extent specified in Article 556 and subsequent articles of the Civil Code Act of April 23, 1964 (Journal of Laws of 2020, item 1740, as amended).
  2. A physical defect in the goods consists in the non-conformity of the sold goods with the contract, which occurs when:
  1. The goods do not have the characteristics that they should have due to the purpose of the contract, resulting from the circumstances or purpose;
  2. The goods do not have the properties that the seller assured the customer of;
  3. The goods are not suitable for the purpose that the customer informed the seller at the conclusion of the contract, and the seller did not object to such a purpose;
  4. The goods were issued to the customer in an incomplete state.
  1. A legal defect in the goods occurs when the goods are owned by a third party, or are encumbered by a right of a third party, when the restriction on the use or disposition results from a decision or ruling of a competent authority.
  2. In the case of a consumer, the public assurances of a manufacturer or an entity that markets the goods, within the scope of its business, or that presents itself as a manufacturer, are treated equally with the seller's assurances. However, the seller is not liable if the assurances were not known to him or could not have been known to him, or if the assurances could not have influenced the consumer's decision to conclude the sales contract, and if the content of the assurances was corrected before the conclusion of the sales contract.
  3. The seller is liable under the warranty if the physical defect is discovered before the expiration of two years from the date of delivery of the item to the customer.
  4. In the case of a consumer, when a physical defect is discovered before one year from the date of delivery of the goods, the defect or its cause is presumed to have existed at the time of delivery.
  5. If the buyer is a consumer and the physical defect is discovered before the expiration of one year from the date of delivery of the sold thing, the defect or its cause is presumed to have existed at the time when the danger passed to the buyer.
  6. If the goods have a defect, the customer may make a statement to reduce the price or withdraw from the contract, unless the seller immediately replaces the defective goods with defect-free goods or removes the defect. This restriction does not apply if the goods have already been replaced or repaired by the seller, or the seller has failed to comply with the obligation to replace the goods with defect-free goods or remove the defect.
  7. If the goods have a defect, the customer may also demand that the item be replaced with a defect-free item or that the defect be removed.
  8. The consumer may, instead of the removal of the defect proposed by the seller, demand the replacement of the goods with defect-free goods or, instead of replacing the goods, demand the removal of the defect, unless bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs compared with the manner proposed by the seller.
  9. The customer may not withdraw from the contract if the defect is insignificant.
  10. Complaints about the goods, can be made:
  1. in writing, to the address of the seller's headquarters: ul. Krysztalowa, no. 15, loc. 61, 20-582, Lublin;
  2. via e-mail, to kontakt@pigamisklep.pl
  1. The complaint should include:
  1. Details of the person making the complaint (name, mailing address, optional e-mail address and contact telephone number);
  2. Indicate the reason for the complaint and the content of the request;
  3. The order number as shown in the order confirmation;
  4. The original or a copy of the proof of purchase (e.g., receipt or invoice) may facilitate the filing of a claim, but is not necessary to file a claim.
  1. The customer, exercising warranty rights, will deliver the defective goods at the seller's expense, to the address: crystal Street, No. 15, loc. 61, 20-582, Lublin.
  2. The seller undertakes to respond to the complaint within 14 days of receipt.
  3. If the complaint is justified, the seller undertakes to replace the defective goods with defect-free goods or remove the defect in the goods within 14 days from the date of acceptance of the complaint.
  4. In the event of an effective withdrawal from the contract, the seller undertakes to refund the payment within 14 days, from the date of receipt of the withdrawal from the contract, provided that the refund will not be made until the goods are received back or the customer provides proof of their return.
  5. If the consumer demanded replacement of the item or removal of the defect, or made a statement on price reduction, specifying the amount by which the price is to be reduced, and the seller did not respond to this demand within 14 days, it is considered that the seller recognized the demand as justified.
  6. A claim for removal of a defect or replacement of goods with defect-free goods is time-barred one year from the date of discovery of the defect. In the case of a consumer, the statute of limitations cannot end before two years.

§ 8 Right of withdrawal

  1. In accordance with the Law on Consumer Rights of May 30, 2014. (Dz.U. 2020, item 287, as amended), the consumer may withdraw from the contract of sale of goods purchased in the store, without giving any reason, by making a statement to that effect in writing, within 14 days, counting from the date of issue of the goods (i.e. from the date of receipt of the goods by the consumer). It is sufficient to send the statement before the expiration of the above deadline.
  2. A consumer may withdraw from a contract by submitting a withdrawal statement to the seller. A model withdrawal statement is attached to these regulations.
  3. The statement of withdrawal from the contract should be sent to the address: krysztalowa Street, No. 15, loc. 61, 20-582, Lublin.
  4. The consumer will return the goods to the seller within 14 days from the day on which he withdrew from the contract. It is sufficient to return the goods before the above deadline.
  5. Return of goods should be made to the seller's address: Crystal Street, No. 15, loc. 61, 20-582, Lublin.
  6. The seller, within 14 days, from the date of receipt of the declaration of withdrawal from the contract, will return to the consumer all payments made by him, including the cost of delivering the goods, but the return of payments will not take place until the goods are received back or the consumer provides proof of their return.
  7. The seller shall refund the payment using the same method of payment used by the consumer.
  8. The consumer shall bear the cost of returning the goods to the seller.
  9. The right of withdrawal from the sales contract does not apply to the consumer with respect to the contract:
  1. in which the object of performance is a non-refabricated item, produced to the consumer's specifications or serving to meet his individualized needs;
  2. in which the object of performance is an item that is perishable or has a short shelf life;
  3. in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
  4. in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things;
  5. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was delivered after delivery;
  6. for the delivery of daily newspapers, periodicals or magazines, except for a subscription contract;
  7. in which the price or remuneration depends on fluctuations in the financial market over which the trader has no control and which may occur before the expiration of the deadline for withdrawal from the contract;
  8. for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiry of the deadline for withdrawal from the contract and after the trader has informed him of the loss of the right of withdrawal.

§ 9 Out-of-court dispute resolution

  1. If the complaint procedure does not produce the result expected by the consumer, the consumer may use the m.in. z:
  1. mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge;
  2. assistance of the locally competent permanent arbitration consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule - the proceedings are free of charge;
  3. free assistance from the city or county consumer ombudsman.

§ 10 Protection of personal data

  1. In accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 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 Data Protection Regulation). The seller informs that the personal data provided by the customer in the order form will be processed by the administrator of personal data, which is XXX, in order to enable the execution of orders.
  2. Data may be processed for up to 10 years after consent is given or until the consent given is withdrawn or a request is made to delete personal data from the dataset.
  3. The person who provided the data has the right to inspect his/her personal data and obtain information, in particular on: the manner of their processing and information about the recipients of the data; rectification and supplementation, deletion, requesting temporary or permanent suspension, objecting to processing, data transfer and lodging a complaint to the supervisory authority on the subject of personal data protection, as well as the right to withdraw at any time the consent to processing expressed without affecting the legality of the processing carried out on the basis of consent before its withdrawal.
  4. The person who provided the data may contact the controller of his personal data:
  1. by mail to the address of Krystalowa Street, No. 15, loc. 61, 20-582, Lublin
  2. via e-mail, to the following e-mail address: kontakt@pigamisklep.pl

§ 11 Final provisions

  1. The Regulations set out the rules for the conclusion and performance of the contract of sale of goods, located on the store's website.
  2. The sales contract is concluded between the customer and the seller.
  3. In matters not regulated by these regulations, the relevant provisions of the Civil Code and generally applicable law shall apply.
  4. The terms and conditions do not exclude or limit any rights of the customer, being a consumer, which he is entitled to under the mandatory provisions of law. In the event of a contradiction between the provisions of the Rules and Regulations and the mandatory provisions of law granting rights to the consumer, these provisions shall prevail.
  5. In the event that any provision of these terms and conditions is or should become invalid or ineffective, the validity of the entire terms and conditions for the remainder shall be unaffected. In such a case, the parties will replace the invalid or ineffective provision with another that as closely as possible reflects the intended economic purpose. Accordingly, this also applies to any gaps in the regulations.
  6. The Regulations enter into force on the date of promulgation, i.e. on: 20.04.2025

FILES

Return of goods form [PDF]