Geschäftsbedingungen
SHOP’S TERMS&CONDITIONS
The online shop operating under the Internet address https://conlabrisa.com/ (hereinafter referred to as: 'Online Store') is operated by Aquastacja sp. z o.o. sp. k. with its registered office in Gdańsk, ul. Grunwaldzka 411, 80-309 Gdańsk, entered into the National Court Register by the District Court Gdańsk-Północ in Gdańsk, VII Economic Division of the National Court Register under the KRS number: 0000477044; the REGON number: 22197374000000; and the NIP (VAT) number: PL5842733208.
- 1. DEFINITIONS
- Whenever the Terms&Conditions refer to:
- SELLER / SERVICE PROVIDER - it shall mean Aquastacja sp. z o.o. sp. k. with its registered office in Gdańsk, ul. Grunwaldzka 411, 80-309 Gdańsk, entered into the National Court Register by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division of the National Court Register under KRS number: 0000477044; REGON: 22197374000000; NIP (VAT): PL5842733208.
- SHOP - means the website belonging to the Seller, available under the domain https://conlabrisa.com/.
- GOOD - means a movable item available for sale in the Shop.
- CUSTOMER - shall mean a natural person, a legal person or an organisational unit without legal personality, who uses a service provided electronically, in particular intends to conclude or has concluded a sales agreement with the Seller / Service Provider.
- CONSUMER - shall mean a Customer who is a natural person who makes or intends to make a legal transaction through the Store which is not directly related to his/her economic or professional activity or which does not have a professional character for that person, arising in particular from the subject matter of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
- ORDER FORM - means the form available in the Online Shop for placing an Order.
- REGISTRATION FORM - means the form available in the Online Shop for creating a Customer Account.
- AGREEMENT - means a bilateral legal act between the Customer and the Seller/Service Provider, under which the Seller/Service Provider undertakes to transfer the ownership of the item to the Customer and to deliver it, and the Customer undertakes to collect the item and pay the price.
- ACCOUNT - means a set of resources in the Seller's / Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, where Customer data is collected, including information on Orders placed.
- PRODUCT - means a movable item available in the Online Shop which is the subject of a Agreement between the Customer and the Seller/Service Provider.
- RULES OF PROCEDURE - means this document setting out the rules for the conclusion and performance of sales and ancillary service agreements in the Store and the provision of services by electronic means.
- INTERNET SHOP - means the website operated by the Seller/Service Provider, available at the electronic address https://conlabrisa.com/, through which the Customer may obtain information about the Product and its availability and purchase the Product from the Seller/Service Provider.
- ORDER - shall mean a declaration of will of the Customer aiming at concluding a Agreement for sale of Goods via the Shop or a Agreement for sale of Goods and provision of additional Services at a distance, placed via an interactive form available in the Shop.
- SERVICE - means the fulfilment of an order by the Seller/Service Provider and related activities.
- CLAIMS - means the Customer 's consent to the processing of the Customer 's personal data by the Seller/Service Provider or the Customer 's consent to the Seller/Service Provider passing on the Customer t's personal data to third parties.
- WORKING DAY - means any day from Monday to Friday with the exception of the days listed in Article 1, point 1 of the Act of 18 January 1951 on public holidays.
- SERVICE PROVIDED ELECTRONICALLY - means the service available at https://conlabrisa.com/ which is provided electronically by the Seller to the Customer under the terms of the Terms and Conditions.
- REGISTRATION - means a unilateral action performed by a Customer using the registration form in order to create an Account and use the services defined in the Shop as requiring Registration. The Account and Login created during the Registration process may be assigned to one Customer only.
- ACCOUNT - means an individual set of computer resources, identified by a Login and Password, in which the Customer's data is stored, in particular the Customer's Orders, discounts and history of marketing correspondence with the Customer. The Account and the Customer's Login created during the Registration process can only be assigned to one Customer.
- LOGIN - means the Customer's e-mail address, necessary to access the account, provided by the Customer during Registration.
- CHECK - means a string of characters selected by the Customer during Registration.
- 2. GENERAL PROVISIONS
- The regulations set out the rules:
- provision of electronic services by the Seller to Customers, in particular consisting in the creation and maintenance of a Customer account, sending a Newsletter to Customers and enabling Customers to use an interactive Order form,
- the conclusion and performance of the Agreement of sale of the Goods presented in the Shop and additional Services provided by the Seller on the occasion of the sale.
- The Customer of the Shop can only be:
- an adult natural person or
- a legal person, or
- an organisational entity without legal personality which is granted legal capacity by law.
- These terms and conditions are an integral part of the distance sales Agreement concluded with the Customer within the meaning of Article 2(1) of the Consumer Rights Act of 30 May 2014.
- Commercial information, product advertisements, price lists and any other product information constitute an invitation to conclude a Agreement in accordance with Article 71 of the Civil Code.
- In order to use the Shop, it is necessary to have a device allowing access to the Internet, an active e-mail and an Internet resource browser allowing the display of websites. The use of some applications of the Shop may depend on the installation of Java, Java Script or other software specified by the Seller for these applications and the acceptance of cookies.
- The costs arising from the use of the Internet by the Customer shall depend on the price list of the telecommunications operator or Internet access provider used by the Customer. These costs and any other costs associated with the provision of the technical conditions set out in paragraph 3 above shall be borne by the Customer.
- The Customer may quickly and effectively contact the Seller on any matters subject to these Terms and Conditions by e-mail (), by telephone on the hotline number +48 25 748 43 10 (on working days, from Monday to Friday, during the hours stated on the main page of the Store) and in writing by letter to the address ul. Grunwaldzka 411, 80-309 Gdańsk.
- Any electronic correspondence sent by the Seller is subject to anti-virus protection and is directed only to the specified Customer.
- The online shop is an ICT platform (a system of information and remote selection and purchase of Products) that enables the Clients to get acquainted with the Seller's Products and to conclude the Agreement. For this purpose, the Service Provider makes available to the Clients the appropriate system tools and provides services under the principles set out in the Terms and Conditions.
- A Customer who is an individual must be at least 18 years of age and have full legal capacity.
- The Customer using the Online Shop is obliged to comply with the Terms and Conditions.
- The Seller shall apply the Code of Good Practice referred to in Article 2(5) of the Act of 23 August 2007 on counteracting unfair market practices.
- 3. ELECTRONIC SERVICES IN THE SHOP
- The following services provided electronically by the Seller are available to customers in the Shop:
- the Account service involving its establishment and maintenance within the Shop;
- The conclusion of the agreement for the provision of the Account service, as well as the effective placement of an order via the Order Form service require, in addition to the fulfilment of other conditions stipulated for each of these services, the Customer's confirmation that he/she has familiarised himself/herself with the Terms and Conditions and the Seller's Privacy Policy.
- The use of any of the aforementioned electronic services may not be used in any way to provide unlawful content by the Customer.
- In order to make full use of all the functions of the Store, the Customer may set up an individual Account, in which the data provided by the Customer and information about Orders made by the Customer via the Store (including returns or complaints), discounts received, favourite products and Newsletter subscriptions made by the Customer will be collected.
- In order to set up an Account, it is necessary for the Customer to complete the Registration form, which requires the Customer to enter the Customer's Login (e-mail address) and choose a Password, and then to validate it by selecting the "Register" option (or another with equivalent content). When registering, the Customer may also provide additional data to be used to make Orders. No later than 1 working day after the above steps have been performed, the Customer will receive from the Seller, at the e-mail address indicated, a message containing confirmation of the Registration, containing a link, the opening of which by the Customer will result in the conclusion of the agreement for the provision of the Account service.
- It is also possible to set up an Account when placing an Order by ticking the appropriate box on the Order form and then opening the link contained in the Seller's message about registration referred to in the preceding sentence.
- The Account service is provided free of charge. The creation of an Account is not necessary in order to use the Shop, including in particular to place an Order. An Account does, however, facilitate the placing of Orders, which, after the Customer has logged into his or her Account, shall each time be recorded in that Account together with the data provided by the Customer when placing the Order.
- After logging into his/her Account, the Customer may correct or update the data provided during Registration or later, with the exception of the Login (e-mail address) to which the Account will be assigned.
- The Account service is provided for an indefinite period of time.
- The Seller shall be entitled to discontinue the provision of the Account service if the Customer has not placed any Order from his Account within a consecutive period of 3 years. The discontinuation of the Account service results in the deletion of all data stored in the Account. The Seller shall inform the Customer of its intention to discontinue the Account service and delete the data stored in the Account by sending a notice to the e-mail address provided in the Customer's Account. If, within 30 days of receipt of such notice, the Customer expressly requests - via e-mail . If the Customer does not make such a request within the period specified in the preceding sentence, the Agreement for the provision of the Account service shall be terminated upon the expiry of this period, which shall result in the deletion of the Customer's Account in the Store together with the deletion of all data stored therein.
- The Customer may cancel the Account service at any time and without giving any reason, which is equivalent to requesting the deletion of any data stored in it. The Customer may resign from the Account service by clicking on the "Delete Account" option (or any other equivalent) available after logging into the Account or by sending an appropriate request to the Vendor via e-mail to: milan.conlabrisa@gmail.com. The submission of such a request by the Customer or the selection of the "Delete Account" option will result in the termination of the agreement for the provision of the Account service and the deletion of the Account together with the deletion of all data stored in it.
- The Seller makes it possible to place Orders for Goods presented in the Shop and additional Services by filling in an interactive Order form.
- Completing the Order form involves selecting the Goods to be ordered by adding them to the "shopping cart", then providing certain data and selecting the delivery and payment method, in accordance with the subsequent instructions displayed on the Order form, and confirming the Order by selecting the "Order and pay" option (or any other option confirming the order with the obligation to pay).
- In addition to the type and number of the Goods ordered and the details of the selected method of delivery and payment, it is also necessary to indicate the following details of the Customer in the Order form: first and last name, delivery address, e-mail address and telephone number. It is also possible to provide additional data for the purposes of invoicing, including company name and Tax Identification Number. If the Order form is filled in by the Customer after logging in to his personal Account, the above data is filled in automatically on the basis of the data provided by the Customer during Account Registration or later and can be modified by the Customer until the Order is confirmed by selecting "Order and pay".
- The Agreement for electronic provision of the Order form service comes into effect when it is made available for the purpose of placing an Order. The Order form service is non-recurring in nature and terminates at the moment of submitting the Order by the Customer in the manner specified in § 4 item 7 or at the moment of discontinuing the use of the Order form before submitting the Order in the said manner. The Order form service is provided free of charge.
- The Seller provides a Newsletter service which consists in sending information about the Goods, services, promotions, offers, actions and events of the Seller via e-mail. Using the Newsletter service requires providing by the Customer an e-mail address to which it will be sent. Subscribing to the Newsletter service takes place through:
- entering the Customer's e-mail address in the indicated field ("Newsletter") on the Shop's website,
- confirming the entry with the enter key or by clicking on the "subscribe" box (or other equivalent wording),
- clicking on the link in the message sent to the e-mail address provided by the Seller, which means confirmation of subscription to the Newsletter and simultaneous consent to receive commercial information in this form in accordance with the Act of 18 July 2002 on electronic service provision and use for this purpose telecommunications terminal equipment by the Seller in accordance with the Act of 16 July 2004. - Telecommunications Law.
- The Newsletter service may also be subscribed to by ticking the appropriate box during Account registration or when placing an order and then clicking on the link referred to in point 3 above. Upon fulfilment of the aforementioned conditions, the Newsletter service agreement shall come into effect.
- The Newsletter service is provided free of charge for an indefinite period of time. The Customer may cancel this service at any time, without giving any reason, by:
- by clicking on the link at the end of each email containing the Newsletter;
- making a request by e-mail to: ;
- if using the Account service, uncheck the relevant box (checkbox) and click the "Save" box (or equivalent).
- If the Customer performs any of the actions described in points 1 - 3 above, the Newsletter service Agreement is terminated.
- The Seller also provides an online Chat service that allows you to chat with a Store employee in real time. The service is available only on working days, at hours freely determined by the Seller. The Online Chat service is used via an appropriate text messenger window and does not require providing any data by the Customer. The Agreement for the provision of the Online Chat service each time starts and ends respectively at the moment when the conversation with the Customer via instant messenger starts and ends. The Seller shall have the right to terminate the chat with the Customer via instant messenger if:
- the nature of the conversation has no connection with the goods or services offered in the Store or loses such a connection;
- the use of the communicator by the Customer is contrary to the law or the principles of social co-existence, in particular if his/her statements are of an offensive or insulting nature.
- 4. PLACING OF ORDERS AND SALES CONTRACT
- The subject of the sale are the Goods presented by the Store and marked as available at the time of placing the Order. Any content presented in the Store does not constitute an offer to conclude a Agreement within the meaning of the Civil Code.
- Exceptionally, in the case of simultaneous orders for the same Goods by several Customers, it may happen that the selected Goods will not be available. In such a situation, the Customer will be informed of the impossibility of fulfilling his/her order.
- The prices of the Goods presented in the Shop are given in PLN and include VAT. The prices do not include delivery costs and any costs resulting from the method of payment chosen by the Customer.
- The Seller sells the Goods presented in the Shop within the territory of the Republic of Poland and to selected countries in Europe, listed on the Shop's website under DELIVERY COST.
- All Goods presented in the Shop are new and free from defects.
- The Seller has the right to change prices of the Goods, to introduce and withdraw the Goods, to grant discounts on individual Goods and to carry out and cancel promotions. Changes may also apply to Goods added by the Customer to the basket - until the Customer chooses the "Order and pay" option.
- Completion of the Order form completed by selecting the "Order and pay" option (or any other equivalent) signifies the placement of the Order and the Customer's expression of intent to conclude a Agreement of sale of the Goods in the number and for the price and on the terms and conditions specified in the Order and the Terms and Conditions (offer).
- In the final step allowing the Customer to select the "Order and pay" box (or other equivalent), the Order form displays a summary of the Order indicating the total price of the Goods ordered and the remuneration for any Additional Services ordered by the Customer, including taxes, as well as any transport or delivery charges for the Goods, depending on the payment and delivery options selected by the Customer, and any other costs.
- If the Customer has chosen the option to pay via electronic payment systems in the Order form, then after the Customer has chosen the "Order and pay" option (or any other equivalent), information on the Customer's Order number will be displayed together with a link ("Pay" field) to make payment via electronic payment systems. This information is equivalent to the Seller's statement of acceptance of the offer to conclude a Agreement specified in the Order and the Terms and Conditions.
- If the Customer has chosen the cash on delivery payment option in the Order form, then immediately after placing the Order he/she will receive an e-mail message from the Seller requesting him/her to click on the link contained therein - within 24 hours of receiving the message at the latest. The above message is tantamount to the Seller's statement of acceptance of the offer to conclude a sales agreement on the terms specified in the Order and the Terms&Conditions - provided that the Customer clicks on the link within 24 hours of receiving the message. If the Customer does not click on the link within the specified period, the Order will not be processed, but the Customer may then place a new Order.
- As soon as the Agreement is concluded, an e-mail confirming the conclusion of the Agreement will be sent to the Customer's e-mail address. In the content of this email, the Customer will receive a personalised order number, the provision of which will enable the Customer to determine, among other things, the processing status of the order.
- The proof of purchase is a VAT invoice, which the Customer receives electronically, either together with the Goods or in a separate shipment. The Customer authorises the Seller to send him the invoice electronically to the e-mail address indicated by the Customer, unless the Customer expressly notifies the Seller that he wishes to receive it in paper form.
- 5. PAYMENTS
- The Seller provides the following payment methods:
- via electronic payment systems (including payment cards:) Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro), Blue Media (provided by Blue Media S.A., ul. Powstańców Warszawy 6, 81-718 Sopot), PayU (provided by PayU S. A., ul. Grunwaldzka 182, 60-166 Poznań), Przelewy24 (provided by PayPro S.A., ul. Kanclerska 15, 60-327 Poznań), or PayPal Europe S.à r.l. et Cie, S.C.A. with registered office in Luxembourg, L-2449),
- cash on delivery when collecting from the courier.
- The Seller does not accept traditional transfers and therefore the Customer will not be informed of the bank account number for such a transfer (e.g. at the post office).
- The Client chooses from among the above-mentioned payment methods by ticking the appropriate box in the Order form, except that the choice of cash on delivery is possible only with delivery in Poland and is not possible in the case of choosing the option of collecting the Goods from the Seller's showroom. The total price for the ordered Goods or services, together with transport or delivery charges and any other costs may vary depending on the payment method selected by the Customer, which will be indicated on the payment form next to the relevant payment method selection field.
- The Customer making payment through electronic payment systems should pay all costs resulting from the Order, as referred to in § 4.8 (i.e. specified in the summary of the Order), within 24 hours of concluding the Agreement, as specified in accordance with § 4.10 of the Terms&Conditions.
- If the Customer fails to make payment within the period specified in paragraph 4 above, the Seller has the right to withdraw from the Agreement without giving the Customer an additional period for payment. In such a case, the Customer will receive an email about the cancellation of the order, which implies withdrawal from the Agreement by the Seller. Section 10 shall not apply to the consequences of the Seller's withdrawal from the Agreement under this paragraph.
- 6 DELIVERY
- Information on delivery costs is made visible on the Order form - in the last step allowing the Customer to select "Order and pay" and in the e-mail confirming the Order to the Customer. The costs of delivery shall be borne by the Customer, subject to paragraph 3 below.
- The delivery charge shall be indicated as a separate item on the sales document. If the charge is paid by the Seller in accordance with paragraph 3 below, the delivery charge item shall not appear on the sales document.
- The detailed price list and delivery terms and conditions related to the choice of delivery method, forms of payment and information on the threshold amounts of Orders for which free delivery is applicable are available on the website of the Store under the tab Delivery Costs. If the value of an Order processed in Poland exceeds the amount listed in the column "FREE DELIVERY APPLIES TO ORDERS AGAINST", the delivery costs are paid by the Seller, i.e. the Customer does not bear the delivery costs.
- Delivery is made via courier companies to the address indicated in the Order form. It is also possible to collect the Goods in some of the Seller's showrooms. The Customer decides through which company the delivery will be made or the Goods will be collected in the Seller's showroom by ticking the appropriate box in the Order form. The address indicated by the Customer for the delivery of the Goods (including the address of the selected Seller's showroom), is the place of performance by the Seller.
- The Seller delivers the Goods only to selected European countries, which are listed in the table on the Shop page under Delivery Costs.
- Deliveries to European countries other than Poland are only made to Orders paid via the PayU electronic payment system, Przelewy24 (PayPal) or Blue Media.
- Deliveries will be made within 14 calendar days.
- The delivery period runs:
- in the case of choosing the payment on delivery option, from the moment the Customer clicks on the link confirming the Order, pursuant to § 4 par. 11,
- in the case of choosing the electronic payment option - from the moment of authorising the payment by PayU, Przelewy24 (PayPal), Blue Media system.
- Receiving the consignment with the Goods delivered by the courier, the Customer is obliged to examine it (pursuant to Article 545 § 2 of the Civil Code). In the case of damage to the consignment, the Seller requires the Customers who are not Consumers to draw up a damage protocol in the presence of the carrier and immediately inform the Seller about it. Complaints regarding damage occurring during delivery submitted by Customers who are not Consumers without the damage protocol attached will not be considered.
- 7. WARRANTY AND GUARANTEE
- The Seller shall be obliged to deliver Goods free of defects and shall be liable to the Customer for any physical or legal defects of the purchased Goods (warranty), on the principles set out in Articles 556 - 576 of the Civil Code.
- The complaint of the purchased Goods can be lodged by e-mail to the address (milan.conlabrisa@gmail.com) or in writing by letter to the address: AQUASTACJA sp. z o.o. sp.k. (Complaints Department), 411 Grunwaldzka Street, 80-309 Gdańsk.
- When filing a complaint, the Seller recommends providing the Customer's contact details, a detailed description of the reasons for the complaint and the claims against the Seller, as well as attaching a sales document or its photocopy. Complaints submitted by a Customer who is not a Consumer, without a sales document attached, will not be considered.
- The Customer using the Account service may also lodge a complaint under the appropriate tab after logging into his/her Account.
- In order to clarify any doubts regarding the complaint, the Seller may contact the Customer via the method of communication provided by the Customer.
- The Customer who exercises the warranty rights is obliged to deliver the defective item, at the Seller's expense, to the address: AQUASTACJA sp. z o.o. sp.k. (Claims Department), 411 Grunwaldzka Street, 80-309 Gdańsk.
- The Customer may send the Goods under complaint through a courier company indicated by the Seller - for this purpose the Customer should contact the Seller in advance.
- The time limit for handling complaints is 14 days from receipt of the complaint.
- In the complaints procedure, the Seller does not provide for the possibility of out-of-court dispute resolution.
- 8. COMPLAINTS ABOUT ELECTRONIC SERVICES
- The Customer may also lodge complaints to the Seller regarding non-performance or undue performance of the services referred to in § 3. For this purpose the Customer may contact the Seller by e-mail at the address (milan.conlabrisa@gmail.com) or in writing by letter to the address: AQUASTACJA sp. z o.o. sp.k. (Claims Department), 411 Grunwaldzka Street, 80-309 Gdańsk.
- The complaint referred to in section 1 should specify the type of request and data enabling the Seller to contact the Customer, including at least an e-mail address.
- The Seller may ask the Customer to supplement the complaint.
- The Seller shall provide the Customer with a response to the complaint referred to in section 1 within a maximum of 14 days from the date of its receipt - to the e-mail address indicated by the Customer or in writing to the Customer's stated correspondence address.
- 9. WITHDRAWAL FROM THE CONTRACT
- The Consumer may withdraw from the Agreement without stating a reason, making a relevant statement within 30 (in words: thirty) days, counting from the date of delivery of the Goods (i.e. from the date of taking possession of the Goods by the Consumer or a third party indicated by the Consumer other than the carrier). It shall be sufficient for the Consumer to send the declaration of withdrawal before the expiry of this deadline.
- When withdrawing from the Agreement, the Consumer may use one of the sample declarations in the RECLAMATION FORM page, but this is not obligatory.
- Withdrawal Form or Interactive Withdrawal Form, please send the withdrawal form by e-mail to: milan.conlabrisa@gmail.com.
- The Customer using the Account service can also withdraw from the Agreement in the corresponding tab after logging in to their Account.
- In the event of withdrawal from the Agreement, the Consumer is obliged to return the Goods immediately, to the address below, but no later than 14 days from the date on which he or she has withdrawn from the Agreement.
- In order to meet the aforementioned deadline, it is sufficient to send the Goods before its expiry via a postal operator within the meaning of the Postal Law. In the case of sending back the returned Goods, the Seller recommends adding the information "RETURN" on the parcel.
- The consumer shall be liable for any diminution in the value of the Goods resulting from use beyond that which is necessary to ascertain the nature, characteristics and functioning of the Goods.
- Refunds shall be made using the same means of payment as those used by the Consumer in the original transaction, unless the Consumer has expressly agreed otherwise.
- The Seller shall refund the payment within 14 days from the date of receipt of the declaration of withdrawal, but may withhold the refund until it has received the Goods or until it has provided the Seller with proof of return, whichever event occurs first.
- The Consumer shall bear the direct costs of returning the Goods - in accordance with the price list of the carrier by means of which the Consumer delivers the returned Goods to the Seller, i.e. the Consumer sends the Goods back to the Seller at his own expense, which is not refundable.
- A Customer who does not have the status of a Consumer is not entitled to withdraw from the Agreement within thirty days. With regard to such Customers, the rules and deadlines for withdrawal are governed by the provisions of the Civil Code.
- 10. PROTECTION OF PERSONAL DATA AND PRIVACY
- The Shop's Customer Data Protection Policy is available at: https://aquastacja.com/polityka-prywatnosci.
- 11. FINAL PROVISIONS
- The Seller reserves the right to amend the Terms and Conditions in the following cases:
- changes in legislation or
- changes to the means of payment or delivery - to the extent that these changes relate to the implementation of the provisions of the Terms and Conditions.
- In the case of contracts of a continuing nature, e.g. the provision of an Account service, the amended Terms and Conditions are binding on the Customer if the Customer has been notified of the amendment to the Terms and Conditions and has not terminated the Agreement within 14 calendar days of the notification.
- In the case of contracts of a non-continuous nature, amendments to the Terms and Conditions shall in no way affect the rights acquired by customers prior to the effective date of the Terms and Conditions, including amendments to the Terms and Conditions shall not affect orders already placed or orders in the process of being placed.
- In matters not regulated by the Rules and Terms&Conditions, the provisions of generally applicable law shall apply, including in particular the provisions of the Civil Code and the Act of 30 May 2014 on consumer rights (i.e. Journal of Laws of 2020, item 287, as amended).
- These Terms and Conditions do not exclude or limit any rights of the Consumer under mandatory provisions of law. In the event of a conflict between the provisions of the Terms and Conditions and mandatory provisions of law, these provisions shall prevail. Agreementual provisions that are less favourable to the Consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of that Act shall apply in their place.
- The Terms and Conditions are available to Customers electronically on the pages of the Shop www.aquastacja.com (tab "Terms and Conditions").
- Any changes to the Terms and Conditions will be published on the Service Provider's website at least thirty days before these changes take effect.
- Within fourteen days of the changes taking effect, the Client may terminate the Agreement by giving seven days' notice. The termination notice should be submitted to the Service Provider in writing. Failure to terminate the Agreement in this manner implies acceptance without reservation of all changes to the Terms and Conditions.
- The content of the concluded Agreement is recorded, secured and made available to the Customer by means of:
- to make the Rules available in accordance with the principles set out in § 11.6 of the Rules,
- sending an e-mail to the Customer,
- sending the sales document to the Customer.
- Any disputes arising between the Seller/Service Provider and a Customer who is also a Consumer within the meaning of Article 221 of the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93 as amended) shall be submitted to the competent courts in accordance with the provisions of the Civil Procedure Code of 17 November 1964 (Journal of Laws No. 43, item 296 as amended).
- Any disputes arising between the Seller/Service Provider and a Customer who is not a Consumer within the meaning of Article 221 of the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93 as amended) are referred to the court having jurisdiction over the registered office of the Seller/Service Provider.
- These Terms&Conditions are effective as of 21 February 2023
PRIVACY AND COOKIES POLICY
The Privacy Policy sets out the rules for the collection, processing and use of personal data collected from Customers via the online shop, operating at https://conlabrisa.com/ (hereinafter: "Online Shop").
The personal data provided by the Customers shall be processed in a manner consistent with the scope of the authorisation granted by the Customers and the requirements of the law, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter : "RODO").
- The administrator of the data collected via the Internet Shop is Aquastacja sp. z o.o. sp. k. with its registered office in Gdańsk, ul. Grunwaldzka 411, 80-309 Gdańsk, entered into the National Court Register by the District Court Gdańsk-Północ W Gdańsku, VII Economic Division of the National Court Register under KRS number: 0000477044, e-mail address: milan.conlabrisa@gmail.com - hereinafter referred to as the "Administrator" and being at the same time the Internet Shop Service Provider and the Seller.
- The Inspector for Personal Data Protection appointed at Aquastacja sp. z o.o. sp. k. with its registered office in Gdańsk, KRS: 0000477044 may be contacted by writing to the correspondence address of Aquastacja sp. z o.o. sp. k. with its registered office in Gdańsk, i.e. ul. Grunwaldzka 411, 80-309 Gdańsk, marked: "Personal Data Inspector" or e-mail address milan.conlabrisa@gmail.com.
- The controller shall take particular care to protect the interests of data subjects, and in particular shall ensure that the data collected by it are processed lawfully; collected for specified, legitimate purposes and not further processed in a way incompatible with those purposes; substantively correct and adequate in relation to the purposes for which they are processed; and kept in a form which permits the identification of data subjects for no longer than is necessary to achieve the purpose of the processing.
- The personal data collected by the Administrator will be processed for the purpose of setting up and maintaining a Customer account, processing orders placed in the online shop https://conlabrisa.com/ on the basis of Article 6(1)(b) of the DPA and for the purpose of direct communication on the basis of Article 6(1)(f) of the DPA, which is also a legitimate interest of the Company.
- If a separate consent is given, personal data will also be processed in order to receive commercial information sent by the Administrator to the e-mail address provided, pursuant to Article 6(1)(a) of the General Data Protection Regulation in conjunction with Article 10(1) of the Act on Electronic Service Provision. This applies in particular to newsletters sent to the Customer if he or she confirms expressly indicated by a link containing acceptance to receive newsletters about current promotions, discounts and news in the Internet Shop. These materials relate exclusively to the offer of the Online Shop.
- The Administrator may process the following personal data of the Customer: first and last name; e-mail address; contact telephone number; delivery address (street, house number, apartment number, postal code, town, country), address of residence/business/seat (if different from the delivery address). In the case of Customers who are not consumers, the Administrator may additionally process the company name and tax identification number (NIP) of the Customer.
- Provision of the personal data indicated in section 6 may be necessary for the conclusion and performance of the Agreement or an agreement for the provision of Electronic Services in the online shop, operating at https://conlabrisa.com/.
- The collected personal data will be stored for the period of remaining a registered user of the online shop operating at https://aquastacja.pl/ and, after resigning from being a user of the online shop, for the period necessary to exercise any rights vested in the Seller by virtue of concluding the Agreement, including the assertion of claims.
- In the case of use of the online shop without registration, personal data will be stored for the period necessary to exercise any rights the Seller may have under the Agreement, including the assertion of claims.
- In the case of a Customer who uses postal or courier delivery methods in the Online Shop, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing the delivery on behalf of the Administrator.
- In the case of a Customer who uses the electronic or credit card payment method in the Online Shop, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the aforementioned payments in the Online Shop.
- The Online Shop may also transfer data to suppliers to whom it outsources personal data processing services, such as IT service providers. Such entities process data on the basis of a Agreement with the Online Shop and only in accordance with its instructions.
- The Administrator does not transfer the collected data outside the European Economic Area, unless the delivery of the Goods at the express request of the Customer is to be made outside this area.
- Personal data is stored on secure servers. Access to data is granted to selected employees. The place and manner in which the data is held is to ensure its complete security.
- Customers have the following rights in relation to the processing of personal data:
- the right to withdraw consent to data processing,
- The right to access and receive a copy of your personal data,
- The right to request the rectification (amendment) of personal data,
- the right to request the erasure of personal data,
- The right to request the restriction of the processing of personal data,
- the right to object to the processing on grounds of a particular situation which justifies the cessation of the processing objected to,
- the right to data portability, i.e. the right to receive personal data, in a structured, commonly used IT format suitable for machine reading. The right to data portability only applies to those data that are processed under Agreement or on the basis of consent.
- To the extent that data is processed on the basis of consent, this consent may be withdrawn at any time. The withdrawal of consent shall not affect the lawfulness of the processing carried out on the basis of consent before its withdrawal. Consent can be withdrawn by sending a statement of withdrawal of consent to the mailing address or email address of the Online Shop.
- The Customer also has the right to lodge a complaint with the supervisory authority in charge of personal data protection, i.e. the President of the Office for Personal Data Protection.
- When using the website at https://conlabrisa.com/na the server automatically collects anonymous information, e.g. IP address, domain name, browser type, device type, operating system type, etc. The information contained on the server is used in particular for: technical purposes and for the purposes of administering the web shop, ensuring the safety of the web shop's operation, implementing the provisions of the Terms and Conditions, protecting the law. Besides, the information is used to collect statistical or marketing information.
- The web shop uses cookies. These files are stored on the Customer's computer by the server and provide statistical data about the Customer's activity in order to tailor the offer to the Customer's individual needs and tastes. The Customer may disable the option to accept cookies in his/her Internet browser at any time, although he/she must be aware that in some cases disabling these files may make it more difficult to use the offer of the Internet Shop.
- If links are provided on the Internet Shop's website leading to other websites not administered by the Shop, the Shop cannot be held responsible either for the content of these websites or for the degree of privacy protection implemented by the administrators of these websites. When deciding to go to such websites, the Customer does so at his/her own risk.
- The online shop collects anonymous statistical data on the pages visited. This data is used exclusively for statistical analysis of the traffic on the pages of the Shop. The rules regarding the privacy policy of Google Analytics can be found at: google.com.
- All questions, requests and suggestions relating to the protection of privacy, in particular personal data, should be submitted to milan.conlabrisa@gmail.com.
- Any changes to the Privacy Policy will be published on the website https://conlabrisa.com/, and the Online Shop will inform about significant changes in a more visible way (in the case of some services including sending an e-mail notification informing about changes to the Privacy Policy).