These Terms and Conditions specify the general terms and conditions, rules and manner of sale conducted by MASTERWELD Sp. z o.o. with its registered office in Rzeszów, through the online store https://patonwelders.com/ (hereinafter referred to as “Online Shop”) and specify the terms and conditions for the provision of free electronic services by MASTERWELD Sp. z o.o. with its registered office in Rzeszów.
§ 1. Definitions
- Working days – means weekdays from Monday to Friday, excluding public holidays.
- Delivery – means an actual action consisting in delivery of the Goods specified in the order to the Customer by the Seller, through the Supplier.
- Supplier – means a courier company with which the Seller cooperates in the scope of making Delivery of Goods.
- Password – means a sequence of alphabetical, digital or other characters selected by the Customer during the Registration in the Online Shop, used to secure access to the Customer’s Account in the Online Shop.
- Client – means an entity to which, in accordance with the Regulations and provisions of law, services may be provided by electronic means or with which a Sales Agreement may be concluded.
- Consumer – means a natural person who performs a legal transaction with the entrepreneur not directly related to his business or professional activity.
- Client’s Account – means an individual panel for each Client, activated for the benefit of the Client by the Seller, after the Client registers and concludes an agreement to provide the service of maintaining the Client’s Account.
- Entrepreneur – a natural person, a legal person or an organizational unit not being a legal person, to whom the Act grants legal capacity, conducting on its own behalf a business or professional activity and performing a legal act directly related to its business or professional activity.
- Regulations – means these Regulations.
- Registration – means an actual action performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Internet Shop.
- Seller – means MASTERWELD Sp. z o.o. with its registered office in Rzeszów (35-105), Przemysłowa 14, NIP: 8133751525, REGON: 367842571, entered into the register of entrepreneurs kept by the District Court in Rzeszów, XII Commercial Department of the National Court Register under the number KRS 0000687755, with the share capital of PLN 5,000; e-mail: email@example.com, which is also the owner of the Internet Shop.
- Shop’s website – means websites where the Seller runs an Internet Shop, operating under the domain https://patonwelders.com/
- Goods – means a product presented by the Seller via the Store’s Website, which may be the subject of a Sales Agreement.
- Durable medium – means a material or tool enabling the Customer or the Seller to store information addressed personally to the Customer or the Seller in a manner enabling access to information in the future for a period of time appropriate for the purposes of the information and which allows for the unchanged reproduction of the stored information.
- Sales agreement – means a sales agreement concluded at a distance, on the terms specified in the Regulations, between the Customer and the Seller.
§ 2. General provisions and use of the Internet Shop
- All rights to the Online Shop, including copyrights, intellectual property rights to its name, its Internet domain, the Shop’s Website, as well as to samples, forms, logotypes, photographs placed on the Shop’s Website belong to their legal owners, and their use may take place only in a specified manner and in accordance with the law.
- In order to place an order in the Online Shop via the Shop’s Website or via e-mail and in order to use the services available on the Shop’s Websites, it is necessary for the Customer to have an active e-mail account.
- In order to place an order in the Internet Shop by phone, it is necessary for the Customer to have an active telephone number and an active e-mail account.
- It is forbidden to provide illegal content by the Customer and to use by the Customer the Internet Shop, the Internet Shop Website or free services provided by the Seller in a manner contrary to the law, good manners or violating the personal rights of third parties.
- The Seller declares that the public nature of the Internet network and the use of services provided electronically may be associated with the risk of obtaining and modifying customer data by unauthorized persons, therefore, customers should apply appropriate technical measures to minimize the risks indicated above. In particular, they should apply anti-virus and identity protection programs using the Internet. The Seller never asks the Customer for any form of Password.
- It is not allowed to use the resources and functions of the Internet Shop in order to conduct the Client’s business, which would violate the interests of the Seller.
§ 3. Registration
- In order to create an Account of the Client, the Client is obliged to make a free Registration.
- Registration is not necessary to place an order in the Internet Shop.
- In order to register, the Customer should fill in the registration form made available by the Seller on the Store’s Website and send the completed registration form electronically to the Seller by selecting the appropriate function from the registration form. During the Registration process, the Customer establishes an individual Password.
- While filling in the registration form, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.
- During the registration process, the Customer may voluntarily consent to the processing of their personal data for marketing purposes (newsletter, receiving promotional offers) by ticking the appropriate box in the registration form. In such a case, the Seller clearly informs about the purpose of collecting personal data of the Customer, as well as about known Seller or anticipated recipients of such data.
- The Customer’s consent to the processing of his or her personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the provision of the service of Account Management by electronic means. The consent may be withdrawn at any time, by submitting an appropriate statement to the Seller by the Customer. For example, the statement may be sent to the Seller’s address via e-mail.
- After sending the completed registration form, the Customer receives immediately, by e-mail to the e-mail address given in the registration form, confirmation of Registration by the Seller. At this moment, an agreement is concluded for the provision of the service of maintaining the Client’s Account by electronic means, and the Client obtains the possibility of accessing the Client’s Account and making changes to the data provided during the Registration process.
§ 4. Orders
- The information contained 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.
- The Customer may place orders in the Internet Shop via the Shop’s Website or by e-mail 7 days a week, 24 hours a day, 7 days a week.
- The Customer may place orders in the Internet Shop by telephone during the hours and days indicated on the Shop’s Website.
- The Customer placing an order via the Store’s Website, completes the order by selecting the Goods he or she is interested in. Adding Goods to the order is done by selecting the “Add to basket” command under the given Goods presented on the Store’s website. After completing the whole order and indicating in “basket” the method of Delivery and the form of payment, the Customer shall place the order by sending the order form to the Seller by selecting the button “Order with payment obligation” on the Store’s website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs he is obliged to incur in connection with the Sales Agreement.
- A Customer placing an order via telephone shall use the telephone number provided by the Seller on the Store’s Website. The Customer places an order by phone, giving the Seller the name of the Goods from among the Goods on the Store’s website and the quantity of Goods he or she wants to order. Then, after completing the entire order, the Customer defines the manner and address of Delivery and the form of payment, and also indicates, at his discretion, his e-mail address or correspondence address to confirm the order. Each time the Customer places an order by phone, the Seller shall inform the Customer about the total price of the selected Goods and the total cost of the selected Delivery method, as well as about all additional costs which it is obliged to incur in connection with the Sales Agreement.
- After placing an order by the Customer via telephone, the Seller shall send on a durable medium to the e-mail address or correspondence address provided by the Customer information containing confirmation of the terms and conditions of the Sales Agreement. The confirmation shall include in particular: specification of the Goods being the subject of the Sales Agreement, its price, cost of Delivery and information on any other costs which the Customer is obliged to incur in connection with the Sales Agreement.
- The Customer placing an order via e-mail shall send it to the e-mail address provided by the Seller on the Store’s Website. In the message sent to the Seller, the Customer shall specify in particular: the name of the Goods, their colour and quantity, from among the Goods presented on the Store’s Website and their contact details.
- After receiving from the Client by electronic means the message referred to in § 4 section 7, the Seller shall send the Client a return message via electronic mail, stating its registration data, price of selected Goods and possible forms of payment and delivery method together with its cost, as well as information about all additional payments which the Client would have to incur under the Sales Agreement. The message also contains information for the Customer that the conclusion of the Sales Agreement by the Customer via electronic mail entails the obligation to pay for the ordered Goods. On the basis of information provided by the Seller, the Customer may place an order by sending an electronic message to the Seller indicating the chosen payment method and method of Delivery.
- Placing an order constitutes placing an offer by the Client to the Seller to conclude a Contract for the sale of Goods subject to the order.
- After placing an order, the Seller sends a confirmation of its placement to the e-mail address provided by the Customer.
- Then, after confirming the order, the Seller sends to the e-mail address provided by the Customer information about the acceptance of the order for processing. Information on acceptance of the order for processing is the Seller’s statement on acceptance of the offer referred to in §4 paragraph 9 above and upon its receipt by the Customer, a Sales Agreement is concluded.
- After the conclusion of the Sales Agreement, the Seller confirms to the Customer its terms and conditions by sending them on a durable medium to the Customer’s e-mail address or in writing to the address indicated by the Customer during the Registration or ordering process.
§ 5. Payments
- Prices on the Store’s Website placed next to a given Goods are gross prices and do not include information about the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, of which the Customer will be informed when choosing the method of Delivery and placing an order.
- The Customer may choose the following payment methods for the ordered Goods:
- bank transfer to the bank account of the Seller (in this case, the execution of the order will be commenced after the Seller sends the Customer a confirmation of order acceptance and after the funds are credited to the bank account of the Seller);
- bank transfer via an external payment system PayPal, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. with its registered office in Luxembourg (in this case, the execution of the order will be commenced after the Seller sends the Customer a confirmation of order acceptance and after the Seller receives information from PayPal about the payment made by the Customer);
- The Customer should make payment for the order in the amount resulting from the concluded Sales Agreement within 7 Business Days, if he chose the form of prepayment.
- If the Client fails to make the payment within the time limit referred to in §5.3 of the Regulations, the Seller shall set an additional time limit for the Client to make the payment and shall inform the Client about it on a durable medium. The information about the additional period for making payments shall also include information that after the ineffective expiry of this period, the Seller shall withdraw from the Sales Agreement. In the event of ineffective expiry of the second period for making payments, the Seller shall send the Customer on a durable medium a statement of withdrawal from the contract pursuant to Article 491 of the Civil Code.
§ 6. Delivery
- The Seller performs the Delivery on the territory of the Great Britain.
- The Seller shall be obliged to deliver the Goods subject to the Sales Agreement without defects.
- The Seller publishes on the Store’s Website information on the number of Working Days required for Delivery and order processing.
- The term of Delivery and completion of the order indicated on the Store’s Website is counted on Business Days pursuant to §5.2 of the Regulations.
- The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
- On the day of sending the Goods to the Customer, the information confirming the sending of the consignment by the Seller is sent to the Customer’s e-mail address.
- The Customer is obliged to examine the delivered shipment in time and in the manner accepted for shipments of a given type. In the event of a defect or damage in the shipment, the Customer has the right to require the Supplier’s employee to write a proper protocol.
- The Seller, in accordance with the Customer’s will, attaches a receipt or a VAT invoice covering the Goods to the shipment being delivered.
- In the event of the Customer’s absence at the address indicated by the Customer, given at the time of placing the order as the Delivery address, the Supplier’s employee will leave an advice note or attempt to contact the Customer by phone to determine the date on which the Customer will be present. If the ordered Goods are returned to the Online Shop by the Supplier, the Seller shall contact the Customer by e-mail or telephone, re-establishing the date and cost of Delivery with the Customer.
§ 7. Warranty
- The Seller shall ensure the Delivery of Goods free from physical and legal defects. The Seller shall be liable towards the Customer if the Goods have a physical or legal defect (warranty).
- If the Goods have a defect, the Customer may:
- make a statement on price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Goods with Goods free from defects or removes the defect.
- This limitation shall not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled its obligation to replace the Goods with Goods free from defects or to remove defects. The Client may instead of the defect removal proposed by the Seller demand replacement of the Goods with Goods free from defects or instead of replacement of the Goods demand removal of the defect, unless bringing the Goods to conformity with the agreement in the manner chosen by the Client is impossible or would require excessive costs in comparison with the manner proposed by the Seller. While assessing the excessive costs, the value of the Goods free from defects, the type and significance of the defect found, as well as the inconvenience to which the Client would be exposed by another method of satisfaction shall be taken into account.
- demand replacement of the defective Goods with Goods free from defects or removal of defects. The Seller is obliged to replace the defective Goods with Goods free from defects or remove the defect within a reasonable time without excessive inconvenience to the Customer.
- The Seller may refuse to satisfy the Customer’s demand if bringing about compliance with the Agreement for the sale of defective Goods in the manner chosen by the Customer is impossible or in comparison with the other possible way of bringing about compliance with the Agreement for the sale would require excessive costs. The costs of repair or replacement shall be borne by the Seller.
- The Customer who exercises warranty rights is obliged to deliver the defective item to the Seller’s address. In the case of a Customer who is a Consumer, the cost of delivery shall be covered by the Seller.
- The Seller shall be liable under warranty if a physical defect is found within two years from the date of delivery of the Goods to the Customer. Claim for removal of a defect or replacement of the Goods with a defect-free one-year period expires, but this period cannot end before the lapse of the period specified in the first sentence. Within this period, the Client may withdraw from the Sales Agreement or make a statement on price reduction due to a defect in the Goods. If the Client demanded replacement of the Goods with Goods free from defects or removal of defects, the period for withdrawal from the Sales Agreement or submission of a declaration on price reduction begins at the moment of ineffective expiry of the period for replacement of the Goods or removal of defects.
- All complaints related to the Goods or the performance of the Sales Agreement may be submitted by the Customer in writing to the Seller’s address.
- Within 14 days from the date of the request containing the complaint, the Seller shall respond to the complaint of the Goods or the complaint related to the performance of the Sales Agreement submitted by the Customer.
- The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. A complaint may be submitted in electronic form and sent to firstname.lastname@example.org In the complaint, the Customer should include a description of the problem. The Seller shall immediately, but no later than within 14 days, consider the complaint and provide the Customer with an answer.
- The Seller does not use out-of-court dispute resolution referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.
§ 8. Warranty
- Goods sold by the Seller may be covered by a warranty granted by the manufacturer of the Goods or distributor.
- In the case of Goods covered by the guarantee, the information concerning the existence and content of the guarantee is always presented on the Store’s website.
§ 9. Withdrawal from the Sales Agreement
- A Customer who is a Consumer and who has concluded a Sales Agreement may, within 14 days, withdraw from it without giving any reason.
- The period for withdrawal from the Sales Agreement starts from the moment of taking over the Goods by the Consumer.
- The Consumer may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller. This statement may be made, for example, in writing to the address of the Seller, by e-mail to the address of the Seller. The declaration may be made on a form, the specimen of which has been placed by the Seller on the Store’s website at the address: Withdrawal form. In order to meet the deadline, it is sufficient to send the statement before its expiry.
- The Consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller using the form available on the website at the address: Electronic withdrawal form. In order to meet the deadline, it is sufficient to send the statement before its expiry. The Seller shall immediately confirm to the Consumer the receipt of the form submitted via the website.
- In case of withdrawal from the Sales Agreement, it shall be deemed not to have been concluded.
- If the Consumer made a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
- The Seller shall immediately, no later than within 14 days of receipt of the Consumer’s statement on withdrawal from the Sales Agreement, return to him all payments made by him, including the cost of Delivery of Goods to the Consumer. The Seller may withhold the return of payments received from the Consumer until the moment of receiving the Goods back or providing by the Customer the proof of sending back the Goods, depending on which event occurs earlier.
- If the Consumer exercising the right of withdrawal chose a method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for any additional costs incurred by him.
- The Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send the Goods back to the Seller’s address before the deadline.
- In the case of withdrawal, the Customer who is a Consumer shall bear only direct costs of returning the Goods.
- If, due to its nature, the Goods cannot be returned by post in the usual manner, the Seller shall inform the Consumer about the costs of returning the goods on the Store’s Website.
- The Consumer shall be liable for any reduction in the value of the Goods resulting from their use in a manner exceeding the manner necessary to determine the nature, features and functioning of the Goods.
- The seller shall reimburse the payment using the same method of payment as the consumer unless the consumer has expressly agreed to another method of reimbursement which does not entail any costs for the consumer.
§ 10. Free services
- The Seller provides free of charge services to Customers by electronic means:
- Keeping the Client’s Account.
- The services specified in §10 section 1 above are provided 7 days a week, 24 hours a day.
- The Seller reserves the right to choose and change the type, forms, time and manner of granting access to the selected services listed above, which will be communicated to the Customers in a manner appropriate for the amendment of the Regulations.
- The Newsletter service is available to any Customer who enters his or her e-mail address using the registration form provided by the Seller on the Store’s Website. After sending the completed registration form, the Customer shall immediately receive confirmation by the Seller by e-mail to the e-mail address provided in the registration form. At this moment, a contract for the provision of the Newsletter service by electronic means shall be concluded.
- During the Registration process, the Customer may additionally tick the appropriate box in the registration form in order to subscribe to the Newsletter service.
- The Newsletter service consists in sending by the Seller, to the e-mail address, an e-mail message in electronic form containing information about new products or services offered by the Seller. The Newsletter shall be sent by the Seller to all Customers who have subscribed.
- Each Newsletter addressed to Customers’ data shall contain, in particular: information about the sender, a completed “subject” field, specifying the content of the shipment and information about the possibility and manner of resigning from the free Newsletter service.
- The Customer may at any time resign from receiving the Newsletter by unsubscribing from the subscription by means of a link included in every e-mail sent as part of the Newsletter service or by activating an appropriate field in the Customer’s Account.
- The Customer Account Service is available after the Registration according to the rules described in the Regulations and consists in making available to the Customer a dedicated panel within the Shop’s Website, enabling the Customer to modify the data provided during the Registration, as well as tracking the status of orders and the history of already completed orders.
- The Customer who has made the Registration may submit a request to remove the Account of the Customer of the Seller; however, in the case of a request to remove the Account of the Customer by the Seller, the request may be removed within 14 days from the request.
- The Seller shall be entitled to block access to the Client’s Account and free of charge services, in the event of the Client acting to the detriment of the Seller or other Clients, violation by the Client of legal regulations or provisions of the Regulations, and also when blocking access to the Client’s Account and free of charge services is justified for security reasons – in particular: breaking the security of the Store’s Website by the Client or other hacking activities. Blocking access to the Client’s Account and free of charge services for the reasons mentioned above lasts for a period necessary to resolve the issue constituting the basis for blocking access to the Client’s Account and free of charge services. The Seller notifies the Client about blocking access to the Client’s Account and free of charge services by electronic means to the address given by the Client in the registration form.
§ 11. Protection of personal data
- The administrator of personal data of Customers provided to the Seller voluntarily within the framework of Registration, one-off order placement and provision of services by the Seller by electronic means or under other circumstances specified in the Regulations, is the Seller.
- The Customer provides his personal data to the Seller voluntarily, however, with the reservation that failure to provide specific data in the Registration process makes it impossible to register and set up a Customer Account and makes it impossible to place and execute a Customer order, in the case of placing an order without registering a Customer Account.
- Anyone who provides personal data to the Seller, has the right to access their content and to correct or request their removal, and in the cases provided for by law, to demand the cessation of processing of his personal data.
- The Seller protects the personal data provided to it and makes every effort to protect them against unauthorized access or use by unauthorized persons.
- The Seller shall provide the Supplier with personal data of the Customer to the extent necessary to carry out the Delivery.
§ 12. Termination of the contract (not applicable to Contracts of sale)
- Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the retention of rights acquired by the other party prior to the termination of the aforementioned contract and the provisions below.
- The Customer who has made the Registration terminates the agreement for provision of services electronically by sending the appropriate declaration of will to the Seller, using any means of remote communication enabling the Seller to become acquainted with the declaration of will of the Customer.
- The Seller terminates the agreement on the provision of services by electronic means by sending an appropriate declaration of intent to the Client to the e-mail address provided by the Client during the Registration.
§ 13. Final provisions
- Seller is liable for non-performance or improper performance of the contract, but in the case of agreements concluded with customers who are Entrepreneurs, Seller is liable only in the case of wilful damage and within the limits of actual losses incurred by the customer who is an Entrepreneur.
- The content of these Terms and Conditions may be recorded by printing, recording on a carrier or downloading at any time from the Store’s Website.
- In the event of a dispute arising under the concluded Sales Agreement, the parties will seek to resolve the matter amicably. The law applicable to the settlement of any disputes arising under these Regulations shall be the Polish law.
- The Seller shall inform the Customer who is a Consumer about the possibility of using out-of-court methods of examining complaints and pursuing claims. The rules of access to these procedures are available in the offices or on the websites of entities entitled to out-of-court dispute resolution. These may be, in particular, consumer ombudsmen or Provincial Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.
The Seller informs that at the address http://ec.europa.eu/consumers/odr/ an online platform for dispute resolution between consumers and entrepreneurs at the Union level is available (ODR platform).
- The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are realized on the basis of the Regulations, which was in force on the date of placing the order by the Customer. Amendments to the Regulations shall come into force within 7 days from the date of publication on the Store’s website. The Seller shall inform the Customer 7 days prior to the entry into force of the new Regulations about the amendment to the Regulations by sending an e-mail containing a link to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact, which results in termination of the contract in accordance with the provisions of §12 of the Regulations.
- The Regulations enter into force on 02.02.2020.
MasterWeld Sp. z o.o.
NIP: PL 813 375 25 15