REGULATIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS BY raksmax.com
§1 Preliminary Provisions
- Regulations are these Regulations for the provision of electronic services by raksmax.com, which sets out the conditions for the provision of Electronic Services by MM SEO Marcin Katański based in Bielsko-Biała via the website www.raksmax.com for customers.
- Customer is an entity that concludes a Service Agreement with the Seller, provided that it has full legal capacity or limited legal capacity in cases governed by applicable law or it is a legal person or an organizational unit.
- Consumer is a customer who concludes a contract not related directly to his business or professional activity.
- Seller is the company MM SEO Marcin Katański with headquarters in Bielsko-Biała at ul. Magnolii 22/1, zip code: 43-300, registered in the Central Register and Information on Economic Activity under NIP number 9372421961, being the service provider, administrator and owner of the Store.
- Store is an online store run by the Seller in Polish and English via a website available on the Internet at the URL address www.raksmax.com. The Store provides Electronic Services to Customers, including Sales.
- Electronic Service is a service provided by the Seller to the Customer, pursuant to an Agreement concluded between the parties via the Store, as part of an organized system of concluding distance contracts, without the simultaneous physical presence of the parties.
- Cart is the functionality of the Store, enabling the Customer to complete orders of Products. The Product is added to the list of Products covered by the order by using the "Add to cart" button located next to the Product in the area of the Store's website.
- Sale is a service of selling Products provided by the Seller to the Customer without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the Customer, sent and received by means of electronic processing devices, including digital compression, and data storage, which is entirely broadcast, received or transmitted via a telecommunications network.
- Agreement is a contract for the provision of Electronic Services by the Seller to the Customer.
- Seller Contact Details are the data of the Seller, with the use of which the Customer can contact him, i.e. the address: MM SEO Marcin Katański, 43-300 Bielsko-Biała, ul. Magnolii 22/1, e-mail address: firstname.lastname@example.org, phone number: +48 514 192 424.
- Customer Contact Details are the Customer's data with which the Seller may contact the Customer, including the address, e-mail address and telephone number.
- Customer Account is a panel managing Customer orders, available in the store, subjected to Registration and Logging in.
- Registration is the creation of a Customer Account by the Customer using the Store's registration form on its website.
- Product is an item presented in the Store area by the Seller for the purpose of Sale.
- Delivery is a delivery of Products to the Customer through the Carrier to the destination indicated by the Customer.
- Carrier is the entity performing the activities of Delivering Products in cooperation with the Seller.
- Bussines Days are days from Monday to Friday, excluding public holidays.
§2 General Contractual Conditions
- Seller based on article 8 clause 1 point 1 of the Act of July 18, 2002 on the provision of electronic services, establishes the Regulations, which it makes available at the Store's url, which is as follows: www.raksmax.com
- The Seller provides Electronic Services in accordance with the Regulations.
- The information provided on the Store's website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Agreement.
- All Electronic Services are provided via the Store's website 24 hours a day, 7 days a week.
- In order to use the Store, it is necessary for the Customer to have an ICT device with access to the Internet, a correctly configured web browser in the current or previous version: Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, Firefox, Safari or Opera, as well as active and correctly configured e-mail account.
- The Store is used by familiarizing oneself with its contents.
- Customer orders are managed via the Customer Account. Using the Customer Account is possible after creating it, using the correct login and password. In order to use the Customer Account, it is required to log in with a password.
- The Customer Account is created by voluntary registration, consisting in completing and sending the Seller a registration form, which is made available in the Store's website.
- Filling out the registration form involves completing all mandatory and if need be optional fields on the form, using true, complete and customer-specific data, in particular Customer Contact Details.
- Before sending the registration form, by ticking its appropriate box the Customer should declare that:
- is willing to conclude an Agreement for the provision of Electronic Services with the Seller,
- consents to the processing of his personal data provided in the registration form for the purpose of providing Electronic Services by the Seller,
- has read the Regulations and accepts their provisions.
- Failure by the Customer to make the statement indicated in the above point prevents the creation of a Customer Account and registration.
- Sending the registration form consists in sending it to the Seller via the Store, using the appropriate functionality located in the area of the registration form.
§4 Provision of free Electronic Services
- The Seller provides the following free Electronic Services to Customers:
- Providing contact form,
- Providing an order form,
- Maintaining a Customer Account.
- The contract for the provision of the contact form provision service is concluded for a fixed period of time at the start of using the contact form and shall be terminated when the Customer uses it or discontinues this activity. The subject of this Agreement is to provide the contact form located on the Store's website in order to send a message to the Seller.
- The contract for the provision of the service of providing the order form is concluded for a definite period of time at the beginning of the use of the order form and is terminated when the order is placed or the Customer fails to place it. The subject of this Agreement is to provide the order form located on the Store's website in order to send the order to the Seller.
- The contract for the provision of the Customer Account maintenance is concluded for an indefinite period at the time of registration of the Customer Account. The subject of this Agreement is to provide access to the Customer order management panel.
- The contract for the provision of free Electronic Service may be terminated by the Customer or the Seller without giving a reason and at any time, using the functionalities included in the Regulations or by e-mail sent to the e-mail address included in the Seller's Contact Data or Customer Contact Data.
- Orders for Products can be placed via the Store's website 7 days a week and 24 hours a day, using the Cart function.
- After completing the list of Product orders in the Cart area, the Customer specifies:
- method of Product Delivery by selecting the appropriate Delivery option,
- payment method, by selecting the appropriate payment option,
- Delivery address,
- optional request for a VAT invoice.
- Placing an order precedes the receipt by the Customer by displaying in the Cart area information about the total price for the order, including taxes and related costs, in particular the costs of Delivery and payment.
- Placing an order can be done by using the "Place order" field in the Cart and is tantamount to submitting to the Seller by the Customer an offer to conclude a Sale Agreement for Products included in the order.
- The order may be changed by the Customer until the receiving information about posting the shipment by the Seller.
- Changing the order may include its cancellation, partial cancellation, extension to additional Products, change of Delivery address.
- The Seller shall immediately inform the Customer of the impossibility of completing the order in the event of circumstances causing it. This information is provided by phone or electronically using the Customer Contact Data. The information may contain the following ways to modify the order:
- cancellation in the part that cannot be realized, which results in the conversion of the order value,
- dividing the Products subjected to Delivery into a part which Delivery is possible and a part which Delivery will occur at a later date, which does not result in the conversion of the value of the order,
- canceling the order in full, which results in the remission of the value of the order.
- Confirmation of the order acceptance by the Seller is realised by means of sending an e-mail to the electronic address provided in the Customer Contact Details. Confirmation of the order is tantamount to acceptance by the Seller of the offer to conclude a Sales Agreement submitted by the Customer.
- The Seller provides the Customer with a service of selling Products remotely, via the Store and by phone.
- The subject of the Sale Agreement includes the Seller's obligation to transfer the ownership of the Products to the Customer and to issue them, and the Customer's obligation to collect the Products and pay the price of the Products to the Seller.
- The Seller reserves the right to run promotional campaigns, consisting in reducing the price of the Product to a specified date or until the stock of Products subjected to promotion is exhausted.
- By concluding a Sales Agreement, the Seller undertakes to Provide Customer with Products without defects.
- The Sales Agreement is concluded upon confirmation of acceptance of the Customer's order by the Seller.
- WProducts are usually dispatched within 5 Businnes Days, and never later than 30 days from the date of the Agreement. The delivery time of the Products may change if the Customer changes the order.
- The Products are delivered via the Carrier to the address provided by the Customer.
- Products are released:
- up to 5 Business Days after the funds are credited to the Seller's bank account, if the Customer chooses the method of payment by bank transfer to the Seller's bank account,
- up to 5 Business Days if the Customer chooses the Cash on Delivery option,
- at the time of entrusting them to the Carrier, if the Seller had no influence on its choice by the Consumer.
- The Seller confirms the release of the Products to the Carrier for their Delivery to the address provided by the Customer when placing the order, by sending an e-mail to the Customer's e-mail address.
- The risk of accidental loss or damage to things passes to the Consumer upon its delivery to the Consumer.
- The delivered package should be examined by the Customer in the presence of the Carrier. In the event of damage to the shipment, the Customer has the right to request that a proper report be made.
- The value of the payment for the Sale is determined on the basis of the price list of the Products, located on the Seller's website at the time of ordering the Product. The prices given on the Store's website at a given Product are gross prices given in euros and include VAT, while they do not include the costs of Product Delivery and the selected form of payment.
- Transaction costs and Product Delivery costs shall be borne by the Customer.
- The total price of the order, visible in the Cart area before placing the order, and after choosing the method of Product Delivery and payment, includes the price for the Products ordered, including taxes and all related costs, in particular the costs of Delivery and transaction. The total price of the order is binding for the Seller and the Customer.
- The Store allows the following payment methods for the Sale Services provided:
- by transfer to the Store's bank account,
- by transfer via PayPal.
- The date of payment of receivables paid by bank transfer or via PayPal falls on the day indicated in the confirmation of order acceptance by the Seller.
- The invoice or VAT invoice for the Sales Service is attached to the Products subjecte to issue or sent by e-mail to the e-mail address of the Customer, depending on the will of the Customer.
- The Customer agrees to receive invoices in electronic form.
- The reimbursement of payments by the Seller takes place immediately, no later than within 14 days from the date of the cause, in the case of:
- withdrawal from the Agreement by the Consumer,
- resignation by the Customer from the order or part of the order paid before implementation,
- the Seller recognizing the claim covered by the complaint in whole or in part, based on generally applicable provisions.
- The payment is refunded using the same payment method that was used by the Customer in the original transaction, unless he agrees to another solution that does not involve any costs for him.
- The Seller is not obliged to refund the additional costs of Product Delivery incurred by the Customer if the Customer has chosen a method of Product Delivery other than the cheapest usual method of Delivery offered by the Seller.
§8 Complaints and guarantees
- Complaints may be submitted in writing, by traditional mail, to the address indicated in the Seller Contact Data, using the form, which is an attachment to the Regulations.
- Complaints should include a description of the problem and Customer identification data.
- The seller recognizes the complaint within 14 days from the date of notification. In the content of the complaint, it is recommended to provide Customer Contact Data, which will be used to answer the complaint and conduct correspondence related to it.
- If the complaint concerns the Product, in order for the Seller to consider the complaint, the Customer should Deliver or send the complained Product to the Seller's address.
- Complaints may be submitted under the warranty for defects in Products covered by the Sales Agreement and other Electronic Services.
- The Seller is responsible for the defects of the Products if they are found by the Customer within 2 years from the date of Delivery. The Customer is obliged to notify the Seller about the identified defect of the Product within 2 months from the day of finding it.
- If the Product has a defect, the Customer may request replacement of the Product with a non-defective one or removal of the defect. The seller is obliged to replace the defective product with a product free of defects or remove the defect within a reasonable time without undue inconvenience to the customer.
- The Seller may refuse to satisfy the Customer's request if bringing the defective Product into compliance with the Contract in the manner chosen by the Customer is impossible or would require excessive costs in comparison with the second possible method of compliance with the Contract.
- If the Customer is not a Consumer, the Seller may refuse to replace the Product with a product free from defects or to remove the defect also when the costs of redressing this obligation exceed the price of the Product sold.
- If the Product has a defect, the Customer may submit a statement on price reduction or withdrawal from the Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the Defective Product with a non-defective Product or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Product with a product free from defects or to remove the defect. The customer may not withdraw from the contract if the defect is insignificant.
- The consumer may instead of the removal of the defect proposed by the Seller request the replacement of the Product for one free of defects or instead of the replacement of the Product request the removal of the defect, unless bringing the Product to compliance with the Agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessive costs, the value of the Product free from defects, the type and significance of the defect, as well as the inconvenience to which the Consumer would be exposed would otherwise be taken into account.
- The reduced price referred to in points 10 and 11 above should remain in such proportion to the price resulting from the Contract in which the value of the Product with a defect remains to the value of the Product without a defect.
- The Consumer has the option of using the following out-of-court complaint and redress methods:
- submitting an application for settlement of a dispute arising from the concluded Sales Agreement to a permanent amicable consumer court operating at the Trade Inspection,
- submitting a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller to the voivodeship inspector of Trade Inspection,
- using the assistance of a poviat or municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection.
- Products may be covered by the manufacturer's or distributor's warranty. In this case, the Customer is entitled to advertise the Product using the rights under the warranty by making a complaint to the guarantor. Filing a complaint to the guarantor can be made through the Seller or directly to the guarantor. The seller gives no warranty for the Products.
- The Customer may exercise the warranty rights for physical defects regardless of the rights arising from the warranty.
§9 Withdrawal from the Agreement
- The Consumer may, without giving any reason, withdraw from the Agreement providing Electronic Services, including the Sale Agreement, within 14 days, subject to the standards indicated in the content of the notice of withdrawal from the Agreement, which is an attachment to the Regulations.
- The right to withdraw from the Electronic Agreement is not entitled to the Consumer, among others in relation to the Sales Agreement:
- if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller he will lose the right to withdraw from the Agreement,
- Non-prefabricated product, manufactured according to the specifications of the Consumer or serving to satisfy his individual needs,
- A product that deteriorates quickly or has a short shelf life,
- Product Delivered in a sealed packaging that cannot be returned after opening due to health protection or hygiene reasons if the packaging was opened after Delivery,
- Products that after Delivery, due to their nature, are inseparably connected with other things,
- sound or visual recordings or computer programs Delivered in a sealed package, if the package was opened after Delivery.
- The consumer may withdraw from the Sales Agreement by submitting to the Seller a statement of withdrawal from the Agreement. The declaration may be submitted on the form, a sample of which is attached to the Regulations.
- In the event of receiving electronically a statement of withdrawal by the Consumer from the Sales Agreement, the Seller shall immediately send the Customer confirmation of its receipt.
- Immediately, but no later than within 14 days from the day on which the Consumer withdraws from the Sales Agreement, he is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller. To meet the deadline, it is sufficient to return the Product before its expiry. This provision does not apply if the Seller has offered to collect the Product.
- The Seller undertakes to collect the Product at its own expense, due to its nature, the Product cannot be returned by regular mail, and at the same time the Product was delivered to the Consumer to the place where he resided at the time of the Sale Agreement.
- The consumer is responsible for reducing 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.
- In the event of withdrawal from the Sales Agreement, it is considered void. If the Consumer submitted a statement of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
- Information on exercising the right to withdraw from the Agreement can be found in the notice of withdrawal from the Agreement, which constitutes an attachment to the Regulations.
§10 Supplementary Provisions
- Product photos may slightly differ from the actual look, which does not affect their functionality and performance.
- All trademarks, graphic elements and photos posted on the Store's website for the purpose of presenting Products are subject to the copyright of their owners.
- The online domain of the store, its logos, name and Regulations are the property of copyright and the subject of legal protection.
- The Customer acknowledges that it is prohibited for the Customer to provide illegal content.
- The Seller undertakes to make reasonable efforts to enable the Store to function properly and to assist in solving technical problems related to its operation.
- The Seller undertakes to carry out activities aimed at protecting data in the Customer Account against unauthorized access and use. The customer is responsible for the consequences of disclosing his login or password to third parties.
- The Seller's liability towards Customers who are not Consumers under the Electronic Services is limited to the value of the receivables for the service provided.
- The Seller is not responsible for:
- interruptions in the proper functioning of the Store and improper performance of Electronic Services, caused by force majeure,
- interruptions in the proper functioning of the Store and improper performance of Electronic Services for customers who are not Consumers, caused by technical activities or the cause on the part of the entities through which the Store provides Electronic Services,
- benefits lost by a Customer who is not a Consumer,
- the consequences of the use of access data to the Customer Account by third parties, if they came into their possession as a result of a breach of the Regulations by the Customer,
- damages caused by the Customer's violation of the Regulations.
§11 Final Provisions
- The Seller may collect information to be stored locally on the Customer's device, using the browser's memory mechanism using "cookies".
- Personal data of Store users are processed on the basis of the consent of the data subjects or when it is necessary to perform the Agreement, when the data subject is its party or when it is necessary to take action before the conclusion of the Agreement at the request of the data subject.
- Personal data is collected to provide services by the Store. Persons whose data has been collected by the Store have the right to access their data, correct them and submit a reasoned request to stop processing them, as well as to object to this.
- By concluding the Agreement for the provision of Electronic Services, the Customer voluntarily authorizes the Seller to direct to the Customer Contact Data information related to the Agreements and their performance, as well as commercial information in the event of separate consent being given.
- The Customer who is not a Consumer is obliged to inform the Seller about changes in the Customer Contact Details, under pain of their effective use in delivery.
- The Seller reserves the right to carry out maintenance works on the Store's ICT system, remove the entire content of the Store for important reasons and cease to provide Services and place advertising content in the Store.
- The Regulations are amended by publishing its new content on the Store's website, upon prior notification. Information about the amendment to the Regulations is placed in the area of the Store's website no later than 10 days before the date of its beginning.
- In matters not covered by the Regulations, the provisions of Polish generally applicable law shall apply.
- The Regulations come into force on the day they are published on the Store's website.
INFORMATION CONCERNING THE USE OF THE RIGHT TO WITHDRAW FROM THE CONTRACT
INSTRUCTIONS TO WITHDRAW FROM THE CONTRACT
You have the right to withdraw from this contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the day:
- in which you came into possession of the item or in which a third party other than the carrier and indicated by you came into possession of the item - in the case of a contract requiring the transfer of ownership of a thing (e.g. a sales contract, a delivery contract or a work contract being a movable thing),
- in which you came into possession of the last of the things or in which a third party other than the carrier and indicated by you came into possession of the last of the things - in the case of a contract requiring the transfer of ownership of many things that are delivered separately,
- in which you came into possession of the last batch or part or in which a third party other than the carrier and indicated by you came into possession of the last batch or part - in the case of a contract requiring the transfer of ownership of items delivered in batches or parts,
- in which you came into possession of the first of the things or in which a third party other than the carrier and indicated by you came into possession of the first of the things - in the case of contracts for the regular delivery of goods for a fixed period,
- of conclusion of a contract - in the case of contracts for the provision of services or contracts for the supply of water, gas or electricity, where they are not supplied in a limited volume or in a fixed quantity, the supply of heat energy or the supply of digital content that is not provided on a material carrier,
To meet the deadline to withdraw from the contract, you only need to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
To exercise the right of withdrawal, you must inform us: MM SEO Marcin Katański Bielsko-Biała, ul. Magnolii 22/1, postal code: 43-300, e-mail address: email@example.com, about your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post or e-mail).
EFFECTS OF WITHDRAWING FROM THE CONTRACT
In the event of withdrawal from this contract, we will refund all payments received from you, including the costs of delivery (except for additional costs resulting from the method of delivery chosen by you other than the cheapest regular delivery method offered by us), immediately, and in any case not later than 14 days from the day on which we were informed about your decision to exercise the right to withdraw from this contract. The refund of payments will be made using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this refund. We may withhold reimbursement until we receive the item or until we receive proof of sending it back, whichever occurs first.
If you have received items in connection with the contract, please send or return the item to us at MM SEO Marcin Katański Bielsko-Biała, ul. Magnolii 22/1, postal code: 43-300, immediately, and in any case not later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the item before the 14-day deadline.
Please be advised that you will have to bear the direct cost of returning the item. If, due to its nature, an item cannot normally be returned by post, you will have to bear the direct cost of returning the goods. The amount of these costs is estimated at a maximum of approximately 25 euro.
You are only responsible for reducing the value of the item resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the item.
EXCLUSION OF THE RIGHT TO WITHDRAW FROM THE CONTRACT
The right to withdraw from a contract concluded off-premises or remotely is not entitled to the consumer in respect of contracts:
- provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance of the service by the entrepreneur will lose the right to withdraw from the contract;
- in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
- in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;
- in which the subject of the service is an item subjected to rapid deterioration or having a short shelf life;
- in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
- in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;
- in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;
- in which the consumer expressly demanded that the entrepreneur visit him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in respect of additional services or items;
- in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
- for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
- concluded through a public auction;
- for the provision of accommodation services, other than for residential purposes, the carriage of goods, car rental, gastronomy, leisure services, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
- for the supply of digital content that is not stored on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after being informed by the entrepreneur about the loss of the right to withdraw from the contract.
ENTERPRISE INFORMATION OBLIGATIONS
At the latest when the consumer expresses his will to be bound by a distance contract, the Entrepreneur provides the consumer with information required by generally applicable law. This information is provided by providing the content of the Regulations for the provision of electronic services by the entrepreneur with attachments at the url of the entrepreneur's online store website.
The entrepreneur is obliged to provide the consumer with confirmation of the conclusion of the distance contract and any information about the consent given by the consumer to provide digital content in circumstances causing loss of the right to withdraw from the contract, at the latest at the moment of delivering the item or before starting the provision of the service.