§ 1

Introductory provisions

ADA Idea Studio Poland online store (aquadam store), available at www.aquadam.pl is run by Iwona Paszczela conducting business activity under the name F.H.U Aquarius & Aquadam Iwona Paszczela registered in the Central Register and Information on Business Activity (CEIDG) run by the minister responsible for economy, NIP 6341795021, REGON 240225121.

These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Store and define the rules for the use of the Online Store and the principles and procedure for concluding Distance Sales Agreements with the Customer through the Store. 

 

These Rules and Regulations are addressed to Consumers and define the rules and procedure for concluding a Distance Sales Contract with a Consumer through the Store. 

§ 2

Definitions

Consumer – a natural person concluding a contract with the Seller through the Store, the subject of which is not directly related to his/her business or professional activity. 

Seller – a natural person conducting business under the name of F.H.U Aquarius & Aquadam Iwona Paszczela registered in the Central Register of Business Activity and Information (CEIDG) maintained by the Minister responsible for economy, NIP 6341795021 REGON 240225121

Customer – any entity making purchases through the Store.

Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing a business on its own behalf, who uses the Store.

Store – online store operated by the Seller at the Internet address www.aquadam.pl.

Distance contract – a contract concluded with a Customer within an organized system of concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.

Regulations – these regulations of the Store.

Order – the Customer’s statement of intent made via the Order Form and aimed directly at concluding a Sales Contract for a Product or Products with the Seller.

Account – Customer’s account in the Store, it collects data provided by the Customer and information about Orders placed by him/her in the Store.

Registration form – a form available in the Store that allows creating an Account.

Order form – an interactive form available in the Store enabling the Customer to create an Account.

Order Form – an interactive form available in the Store that allows the Customer to place an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

Shopping Cart – an element of the Store’s software in which the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the details of the Order, in particular the quantity of products.

Product – a movable item/service available in the Store which is the subject of a Sales Contract between the Customer and the Seller.

Sales Agreement – a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Online Store. The Sales Agreement is also understood to mean – applying to the characteristics of the Product – a contract for the provision of services and a contract for work.

§ 3

Contact with the Store

Seller’s address Harcerska 146 43-100 Tychy

Seller’s e-mail address aquadam@interia.pl

Seller’s phone number: +48 601 330 991

Seller’s fax number – none

Seller’s bank account number  

ING 20 10501399 1000 0022 0545 6326

The Customer may communicate with the Seller using the addresses and telephone numbers specified in this paragraph.

The Customer may communicate with the Vendor by telephone between 10 am and 5 pm.

§ 4

Technical requirements

In order to use the Store, including browsing the Store’s assortment and placing orders for Products, the following are required:

a terminal device with access to the Internet and a web browser that supports javascript files and cookies

active electronic mail (e-mail) account,

cookies enabled,,

FlashPlayer program installed.

§ 5

General information

To the fullest extent permitted by law, the Seller shall not be liable for any disruptions including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer. 

Browsing the assortment of the Store 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 § 6 of the Terms and Conditions or by providing the necessary personal and address data to enable the processing of the Order without creating an Account.

 The prices given in the Store are given in Polish zloty and are gross prices (including VAT).

The prices given in the Store are given in Euro and are gross prices (including VAT). 

The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transportation, delivery and postal services), of which the Customer is informed on the pages of the Store during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Contract.

In the case of a Contract involving subscription or provision of services for an indefinite period, the final (final) price is the total price including all payments for the billing period.

When the nature of the subject matter of the Contract does not allow, reasonably judging, to calculate the amount of the final (definitive) price in advance, information about how the price will be calculated, as well as charges for transportation, delivery, postal services and other costs, will be provided in the Store in the Product description.

§ 6

Creating an Account in the Store

In order to set up an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data in accordance with the form provided on the store’s website

Establishing an Account in the Store is free of charge.

Logging into the Account is done by providing the login and password established in the Registration Form.

The Customer has the opportunity to delete the Account at any time, without giving any reason and without incurring any fees for doing so, by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses specified in § 3.

§ 7

Rules for placing an Order

In order to place an Order you should: 

1. log in to the Store (optional);

2. select the Product that is the subject of the Order, and then click the “Add to cart” button (or equivalent);

3. log in or use the option of placing an Order without registration;

4. if you have chosen the option of placing an Order without registration – fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,

5. click the “Order and pay”/click the “Order and pay” button and confirm the order by clicking on the link sent in the e-mail,

6. select one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8.3.

§ 8

Delivery and payment methods offered

1. The Customer may use the following methods of delivery or collection of the ordered Product:

1. Postal delivery, cash on delivery,

2. Courier delivery, cash on delivery,

3. Personal collection available at: Harcerska 146 , 43-100 Tychy 

2. The customer can use the following payment methods:

• Payment on delivery

• Payment on delivery

• Payment by bank transfer to the Seller’s account

• Electronic payment

• Payment by payment card.

(3) Detailed information on delivery methods and acceptable payment methods can be found behind the pages of the Store.

§ 9

Execution of the Sales Agreement

1. Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form on the Online Store in accordance with § 7 of the Terms and Conditions.

2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client an appropriate e-mail message to the Client’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.

3.If the Customer chooses: 

1. transfer payment, electronic payment or payment card payment, the Customer is obliged to make payment within 48h from the date of conclusion of the Sales Agreement – otherwise the order will be cancelled.

4.If the Customer has chosen a method of delivery other than personal collection, the Product will be shipped by the Seller on the date indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order. 

5. A In case of ordering Products with different delivery dates, the delivery date shall be the longest date specified.

B In case of ordering Products with different delivery dates, the Customer has the option of requesting delivery of the Products in parts or delivery of all the Products after the entire order has been completed.

6.The beginning of the deadline for delivery of the Product to the Customer is calculated as follows:

A If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.

7. If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer’s e-mail address provided during the placement of the Order.

8. In the case of ordering Products with different readiness for collection dates, the readiness for collection date is the longest date given. 

9. In case of ordering Products with different dates of readiness for collection, the Customer shall have the option to collect the Products in parts (according to their readiness for collection) or to collect all the Products after completing the entire order.

10. The beginning of the period when the Product is ready for collection by the Customer is calculated as follows:

A If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.

B If the Customer chooses the method of cash on delivery in person – from the date of conclusion of the Sales Agreement.

11. Delivery of the Product takes place on the territory of the whole World (European Union, Europe, Asia, North America, South America, Australia, Africa)

12. delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Store in the “Delivery Costs” tab and during the placement of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement. 

13. personal collection of the Product by the Customer is free of charge.

§ 10

Right of withdrawal from the contract

1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.

2. The running of the period specified in paragraph 1 starts from the delivery of the Product to the Consumer or to a person other than the carrier designated by the Consumer.

3. In the case of an Agreement that involves multiple Products that are delivered separately, in batches or in parts, the term indicated in paragraph 1 shall run from the delivery of the last item, batch or part.

4. In the case of a Contract that involves the regular delivery of Products for a specified period of time (subscription), the term indicated in paragraph 1 runs from taking possession of the first item.

5. The consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the statement before the deadline.

6. The statement can be sent by traditional mail, fax or electronically by sending a statement to the Seller’s e-mail address or by submitting a statement on the Seller’s website – the Seller’s contact details are specified in § 3. The statement can also be submitted on the form, the template of which is attached as Appendix No. 1 to these Regulations and the Appendix to the Act of May 30, 2014 on Consumer Rights, but this is not mandatory.

7.The statement can be sent by traditional mail by sending the statement to the address of the Seller – the contact details of the Seller are specified in § 3. The statement can also be made on the form, the model of which is attached as Appendix No. 1 to these Regulations and Appendix to the Act of May 30, 2014 on Consumer Rights, but this is not mandatory.

If the Consumer sends the statement electronically, the Seller will immediately send the Consumer to the email address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.

8.Effects of withdrawal from the Agreement:

A. In the case of withdrawal from the Contract concluded at a distance, the Contract is considered not concluded.

B.In the case of withdrawal from the Contract, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Contract, all payments made by the Consumer, including the costs of delivering the goods, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller.

C.The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him.

D.The Seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.

E. The Consumer should send back the Product to the Seller’s address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the 

 Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period.

F. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be sent back by mail in the usual manner.

G. The Consumer shall be liable only for the diminished value of the Product resulting from the use of the Product in a manner other than necessary to ascertain the nature, characteristics and functioning of the Product.

9. In the event that, due to the nature of the Product, it cannot be returned by ordinary mail, information about this, as well as the cost of returning the Product, will be located in the description of the Product in the Store.

10. The right of withdrawal from a contract concluded at a distance is not granted to the Consumer with respect to the Contract:

1. in which the subject of the performance is a non-refabricated thing, produced according to the specifications of the Consumer or serving to meet his individualized needs,

2. in which the subject of the performance is an item supplied in a sealed package, which after opening the package cannot be returned for health protection or hygienic reasons, if the package has been opened after delivery,

3. in which the subject of the service is an item that is perishable or has a short shelf life,

4. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the Seller’s performance, he will lose the right to withdraw from the Agreement,

5. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the Agreement,

6. in which the subject of performance are things which, after delivery, by their nature, are inseparably combined with other things,

7. in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, and the delivery of which can only occur after 30 days and whose value depends on market fluctuations over which the Seller has no control,

8. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging is opened after delivery,

9. for the delivery of newspapers, periodicals or magazines, except for a subscription contract,

10. 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 expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the contract.

§ 11

Complaint and warranty

1. If there is a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the warranty.

2.Complaints should be submitted in writing or by e-mail to the Seller’s addresses specified in these Regulations. 

3.The seller will respond to the complaint request immediately, no later than within 14 days, and if it does not do so within this period, it is considered that the customer’s request was considered justified.

4.The Seller shall respond to the complaint request immediately, and if the Customer is a Consumer – no later than within 14 days. If the Customer is a Consumer, and the Seller does not respond to the complaint request within 14 days, it is considered that the Customer’s request is considered justified.

5.Goods sent back under the complaint procedure should be sent to the address specified in § 3 of these Regulations.

6. If a warranty has been issued for the Product, information about it, as well as its content, will be included next to the description of the Product in the Store

§ 12 

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

The right of withdrawal from a contract concluded at a distance, does not apply to a contract:

-in which the subject of performance is a non-refabricated thing, produced according to the specifications of the privileged Buyer or serving to meet his individualized needs;

-in which the subject of the performance is an item subject to rapid deterioration or having a short shelf life;

in which the subject of the performance is an item delivered in a sealed package that cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;

-in which the subject of the performance are things that after delivery, due to their nature, become inseparably connected with other things;

-in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;

for the supply of newspapers, periodicals or magazines, except for a subscription contract;

-in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the expiration of the withdrawal period;

o the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Buyer privileged before the expiration of the withdrawal period and after the Seller has informed him of the loss of the right to withdraw from the contract.

§ 13

Out-of-court ways of handling complaints and pursuing claims

1. Detailed information about the possibility of using out-of-court methods of dealing with complaints and pursuing claims by the Consumer, as well as rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/disputes_consumer.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

2. The consumer has the following examples of out-of-court ways to handle complaints and claims:

3. The Consumer is entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller. 

4. The Consumer is entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller. 

5. The Consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers).

§ 14

Personal data in the Online Store

1. The administrator of the Customers’ personal data collected via the Online Store is the Seller.

2. Customers’ personal data collected by the administrator through the Online Store are collected for the purpose of executing the Sales Agreement, and if the Customer agrees – also for marketing purposes.

3. Recipients of personal data of Customers of the Online Store may be: 

A. In the case of a Customer who uses in the Online Store a method of delivery by mail or courier, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.

B.In the case of a Customer who uses electronic or credit card payment method in the Online Store, the Administrator shall make available the collected personal data of the Customer to a selected entity handling the above payments in the Online Store. 

4. The Customer has the right to access the content of his data and to correct them.

5. Provision of personal data is voluntary, although failure to provide the personal data indicated in the Terms and Conditions necessary for the conclusion of the Sales Agreement results in the inability to conclude this agreement.

§ 15

Final provisions

1. Contracts concluded through the Online Store are concluded in the Polish language.

2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws, changes in methods of payment and delivery – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.

3. Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Law on Provision of Electronic Services; the Law on Consumer Rights, the Law on Personal Data Protection. 

4. The customer has the right to use out-of-court ways of processing complaints and claims. For this purpose, he may file a complaint through the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.