TERMS AND CONDITIONS

  • 1

General provisions

  1.   These regulations define the rules for making purchases in the Take or Make online store from SO IN LAW Sp. z o. o., ul. Kościuszki 63, 41-503 Chorzów, Poland, KRS 0000702623, NIP: 6272753840, REGON: 368683809.
  2.   The terms used in the regulations mean:
  3.   Client – a natural person (with full legal capacity) or a legal person, who made or intends to make a purchase in the Take or Make online store. The customer can be both a consumer and an entrepreneur,
  4.   Service Provider – SO IN LAW Sp. z o. o., ul. Kościuszki 63, 41-503 Chorzów, Poland, KRS 0000702623, NIP: 6272753840, REGON: 368683809,
  5.   Store – an online store maintained by the Service Provider in the domain http://takeormake.co/,
  6. Consumer – pursuant to the Act of 23 April 1964 Civil Code – User, who, as a natural person, performs a legal transaction not directly related to its business or professional activity. Consumers, within the meaning of these Regulations, are also entrepreneurs conducting sole proprietorship, concluding contracts of a non-professional nature resulting from the subject of their activities,
  7. e. Regulations – this document with all attachments.
  8.   The store offers a photo magazine in retail sale via the Internet. The above products are available through the Store in the form of ready-made products.
  9.   Detailed information about the products is available on the website as well as by e-mail at the Service Provider’s e-mail address.
  10.   The Customer may contact the Service Provider by post to the address indicated in point 2b and by e-mail to the following e-mail address: kontakt@soinlaw.com.

 

  • 2

Terms and conditions of using the service

 

  1. In order to place an order via the Website, the Client must meet the following technical requirements:
    1. the Client must have a computer, laptop, or any other device connected to the Internet;
    2. the Client must have access to the e-mail;
    3. the Client must use a web browser (Internet Explorer 7.0 or newer, Mozilla Firefox 3.0 or newer, Opera 11.0 or newer, Google Chrome 20.0 or newer, Safari 5.0 or newer);
    4. the minimum screen resolution must be 1024×768;
    5. the Client must agree in the browser for cookies being saved.
  2. The Services entail access to the Website via the Internet. Services rendered by the Service Provider via the Website include the order form.

 

  • 3

Conclusion of contracts

 

  1. The contract is concluded between the Service Provider and the Client.
  2. All prices provided on the Website are gross prices (inclusive of VAT) specified in EUR. Product prices do not include shipping costs.
  3. Orders may be placed on the Website using the Order Form. The Service Provider does not allow placing orders by phone, e-mail or personally.
  4. To make a purchase, the Client selects the Subscription on the Website by clicking the “Quick order” button.
  5. Afterwards, the Client clicks “Order and pay” button, which will redirect the Client to the webpage containing information on the order performed. Such information include but are not limited to: main features of the Product selected, total price including taxes, presentation of Client’s data provided in the order form.
  6. In order to place an order, the Client is obliged to confirm the order by clicking “Order and pay” button below order summary.
  7. By clicking “Order and pay” button, the Client declares to be aware of making an order with obligation to pay.
  8. The contract is concluded when the Client confirm an order, i.e. when the Client clicks “Order and pay” button.
  9. The payment date shall be day on which the payment should be credited to the Service Provider’s account.
  10. In order to use the Order Form, the Client has to confirm that he or she has read and accept these Terms and Conditions.
  11. After the Client places an order, the Service Provider sends an e-mail confirming order placement along with information about its execution that include but are not limited to: main features of the services selected, total price including taxes, presentation of Client’s personal data provided in the order form.
  12. The contract shall be preserved, secured and made available by:
    1. making these Terms and Conditions on the Website;
    2. preserving the content in the IT system of the Website.

 

  • 4

Payment time limits and methods

 

  1. The Website provides payment methods for the order that are each time specified in payment time.
  2. The Client is obliged to pay within 3 working days from the date of purchase.
  3. If there is a need to refund funds for a transaction made by the Client with a payment card, the seller shall return them to the back account assigned to the Client’s payment card.

 

  • 5

Delivery methods and costs

 

  1.   The customer bears the costs of delivery of the ordered products to the destination.
  2.   The products are delivered to the address indicated worldwide. The fees for the delivery of products are given in the panel and in the e-mail confirming the acceptance of the order.
  3.   The seller provides the following methods of delivery of products:
  4.                 with the services of the Polish Post.
  5.   The order processing time is up to 3 business days from the receipt of the payment for the ordered goods on the Seller’s account (or, in the case of payment by a payment card, referred to in paragraph 4 paragraph 1c, from the moment of obtaining a positive payment authorization).

 

 

  • 6

Right of withdrawal from the contract

 

  1. The provisions contained in this paragraph constitute the rights granted only to the Customer who is a Consumer.
  2. The consumer has the right to withdraw from the contract concluded with the Seller within 14 days from the date of receipt of the shipment or personal collection of the goods, without giving any reason.
  3. In order to exercise this right, the Client must inform the Service Provider of decision on this matter in the form of an unequivocal statement. The above-mentioned statement shall be sent by e-mail or at the postal address. Such statement may be filed on a form constituting Annex No. 1 hereto, but it is not mandatory.
  4. In order to meet the time limit for withdrawing from the contract, the Client has to send information about exercise of the right of withdrawal before the time limit for withdrawing from the contract to one of the addresses indicated above.
  5. Submitting a declaration of withdrawal from the contract without using the form does not affect the effectiveness of the withdrawal. For the declaration of withdrawal to be effective, it is sufficient to send the declaration before the deadline.
  6. The seller immediately confirms by e-mail (to the address provided when placing the order) acceptance of the declaration of withdrawal from the contract.
  7. The consumer should return the purchased products within 14 days from the date of sending the declaration of withdrawal to the address of the Seller.
  8. In the event of sending a declaration of withdrawal from the contract, the contract is considered void.
  9. The consumer bears the direct costs of returning the purchased products.
  10. The consumer is liable for damages for the decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item, such as the costs of cleaning, repairing parts, breaking tags. In order to establish the nature, characteristics and functioning of the goods, the consumer should handle and check the goods only in the same way as he could in a stationary store.
  11. The seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the product (excluding additional costs resulting from the method of delivery chosen by the customer other than the cheapest standard delivery method provided by the Store). The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the consumer has expressly agreed to a different method of payment refund.
  12. The Seller may withhold the reimbursement of payments received from the Consumer until the Product is returned or the Consumer provides proof of its return.

 

  • 7

Product complaint

(statutory warranty for defects)

 

  1. The Service Provider shall be obliged to render products free from physical and legal defects.
  2. The liability of the Service Provider for physical or legal defects shall expire after two years from the date of the receipt of the goods. Before the expiry of the above time limit, the Client may notify the Service Provider of a defect in the following manner:
    1. by sending an appropriate e-mail;
    2. by sending an appropriate notification to the postal adress.
  3. The Client is not bound by the above methods of submitting a complaint. The complaint may be submitted in any manner, provided that a durable medium is used.
  4. The complaint shall include:
    1.  full name of Client;
    2. address of residence for correspondence;
    3. a proof of purchase attached (e.g. receipt, bank transfer confirmation, etc.);
    4. a detailed description of the service being the subject of complaint;
    5. description of defect, non-compliance of the service with the contract and day on which it occurred;
    6. request of the Client (withdrawal from the contract, price reduction, removal of the defect);
    7. date of submission and signature of the Client submitting a complaint.
  5. The Service Provider acknowledges that the complaint has been received.
  6. If the Service Provider does not respond to the Client’s complaint within 14 calendar days from the date of delivery of such complaint, it shall be assumed that the Service Provider has accepted the Client’s complaint and requests.

 

§ 8

Personal data protection

 

  1. Data of the Clients shall be used solely for the purpose for which they were made available and the Service Provider undertakes not to disclose them to third parties, unless generally applicable provisions stipulate otherwise.
  2. Detailed regulations on the personal data protection are provided in the Privacy Policy published on the Website.

 

  • 9

Non-judicial dispute resolution

 

  1. In order to resolve a dispute arising in connection with purchases made on the Website, the consumer shall have the right to request assistance from the following institutions before bringing a case in a common court of law:
    1. a permanent amicable consumer court referred to in the Act on Trade Inspection of 15 December 2000, by filing a motion to settle a dispute arising from the sales agreement;
    2. the Voivodeship Trade Inspection Authority, by requesting to initiate mediation proceedings in order to resolve the dispute amicably;
    3. poviat or municipal consumer ombudsman or social organisation protecting consumer rights.
  2. Detailed information on possible non-judicial dispute resolution and available procedures is provided in registered offices and at websites of institutions such as the Trade Inspection Authority, poviat (municipal) consumer ombudsmen, social organisations protecting consumer rights and the Office of Protection Competition and Consumers.
  3. Online dispute resolution platform for consumers and entrepreneurs at EU level (ODR platform) is provided at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual webpage with a comprehensive service point for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.

 

 

  • 10

Final provisions

 

  1. In matters not regulated under these Terms and Conditions, the provisions of generally applicable law shall apply, in particular the Polish Civil Code of 23 April 1964 and the Act on consumer rights of 30 May 2014.
  2. The Terms and Conditions shall enter into force as of 8 of July 2021.

 

 

 

 

CONTRACT WITHDRAWAL TEMPLATE

(this form shall only be completed and sent if you want to withdraw from the contract)

 

– Addressee: ……….

 

– I/We(*) hereby give notice that I/we(*) withdraw from my/our(*) contract of sale of the following services

 

– Reason for withdrawal from the contract (optionally) ………………….

 

– Date of conclusion of the contract ……………….

 

– Name and surname of the consumer(s) ………………………………………………

 

– Address of the consumer(s) ……………………………………………………

 

 

– Signature of the consumer(s) (only if this form is sent on paper)

 

– Date

 

 



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