Store regulations
ONLINE STORE REGULATIONS
www.ceramiq.pro
The online store operating at WWW.CERAMIQ.PRO is operated by CERAMIQ.PL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office at: ul. Czyżewska 5, 02-908 Warsaw, entered into the National Register of Entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under the KRS number: 0001144557, Tax Identification Number (NIP): 5214099429, National Business Registry Number (REGON): 54048845, share capital: PLN 50,000.00, fully paid up, hereinafter referred to as the "Seller".
The Seller has provided an electronic contact point for direct communication with Member State authorities, the Commission, and the Digital Services Council, available at: info@ceramiq.pro. Customers can also use this same channel to quickly and directly contact the Seller.
You can also contact us in writing at the address provided above or by phone at the following numbers: 222 501 777 or 451 540 920 (calls are accepted on business days during hours depending on the selected branch and day of the week - current information about call acceptance hours for a given branch is always available on the Store's website; call charges are in line with the Customer's operator's tariff). Communication can be in Polish.
§ 1 GENERAL PROVISIONS
1. The following meanings are established for the words:
a) REGULATIONS – these regulations,
b) CUSTOMER – a natural person, legal person or organizational unit without legal personality but with legal capacity, who places an Order in the Store under the terms and conditions set out in these Regulations,
c) ENTREPRENEUR WITH CONSUMER RIGHTS – a natural person with the status of an entrepreneur, entered into the CEIDG register, placing an Order as part of their business activity, but without any connection to the professional nature of that activity. This status applies only to customers whose place of delivery or registered office is in Poland.
d) CONSUMER – a Customer who is a natural person who uses the Store for purposes not directly related to his or her business or professional activity,
e) PRODUCT – a movable item presented in the Store to which the Sales Agreement applies,
f) SALES AGREEMENT – a sales agreement for Products within the meaning of the Civil Code, concluded between the Seller and the Customer, using the Store,
g) SHOP – online service available at www.ceramiq.pro, through which the Customer can place an Order,
h) ORDER – a declaration of will of the Customer clearly specifying the type and quantity of Products, directly aimed at concluding a Sales Agreement.
2. The Seller's business activity within the Store is to sell products currently in stock and to enable Customers to place Orders for the offered products via the website. This service is available after the Customer registers and logs in to the Store, or via a properly completed Order form without logging in. The Seller allows free browsing of the product range on the Store's product pages.
3. The sale takes place via the Internet between the person placing the Order as the buyer and the Seller.
4. Each Customer purchasing Products offered by the Seller in the Store is obliged to read the content of these Regulations.
5. In order to improve communication for potential and current customers, if they have any questions, it is recommended to first use the appropriate information tabs.
§ 2 TECHNICAL CONDITIONS FOR PLACING ORDERS
1. Technical requirements necessary to use the Store:
1) Internet connection,
2) correctly configured browser,
a) Samsung Internet version 10 or later with JavaScript and Cookies enabled, or
b) Microsoft Edge version 17 or later with ActiveX, JavaScript and Cookies enabled, or
c) Mozilla Firefox version 70 or later with JavaScript and Cookies applets enabled, or
d) Opera version 60 or later with Java applets, JavaScript and Cookies enabled, or
e) Google Chrome version 70 or later with JavaScript and Cookies applets enabled, or
f) iOS Safari version 12 or later with JavaScript and Cookies enabled.
3) a current, active and correctly configured e-mail account,
4) monitor with a resolution of no less than 360×640 px for phones, 768×1024 px for tablets and 1366×768 px for computers.
2. If the Customer uses hardware or software that does not meet the technical requirements specified above, the Seller does not guarantee the proper functioning of the Store and reserves that this may have a negative impact on the quality and course of the Order placement procedure.
3. The Seller guarantees that all opinions regarding Products offered in the Store come exclusively from Customers who have purchased a given Product. To this end, the Store limits access to the Product review and evaluation form only to Customers who have an active customer account within the Store and whose purchase of a given Product is recorded in their Order history. Customers who have purchased a Product without registration also have access to the evaluation form. Such Customers will receive a special link in the Order confirmation email, allowing them to access the Product review and evaluation form.
4. The Website does not utilize automated decision-making as part of its operation. Alternatively, the Website may use profiling for direct marketing purposes, but the decisions made based on it by the Seller do not concern the conclusion or refusal of a contract, or the ability to use electronic services. Profiling may result in, for example, granting a discount, sending a discount code, sending a product suggestion that may suit the individual's interests or preferences, or offering better terms compared to the standard offer. Despite profiling, the individual freely decides whether to use the discount or better terms received and make a purchase.
5. The Seller will make every effort to ensure the Store operates continuously and without any disruptions. The Seller will make every effort to repair any Store defects as quickly as possible. The Seller reserves the right to implement maintenance breaks.
6. The Customer may subscribe to the Store's newsletter, which is a periodic mailing of information about the Seller's products and services. To subscribe, the Customer enters their email address in the newsletter form located on the Store's website, simultaneously confirming consent to the processing of their personal data for this purpose and to receive promotional content at the provided email address. The messages sent as part of the newsletter will include information on how to unsubscribe, as well as a link to unsubscribe. The Customer may unsubscribe from the newsletter at any time, without providing a reason or incurring any costs, by submitting a statement of withdrawal via the Store's email address: info@ceramiq.pro or by selecting the unsubscribe link in the email delivered with the newsletter.
§3 CONTENT SECURITY
1. Customers are prohibited from providing illegal content or content that is otherwise inconsistent with the Terms and Conditions in any form. Such content includes, but is not limited to, content that:
a) are inconsistent with the subject matter of the Store - statements should be related to the content appearing within the Store, i.e. issues related to the products offered and their use;
b) concern technical matters related to the operation of the Store – technical matters should be reported by Customers electronically to the Seller’s e-mail address;
c) contain links to other websites or files;
d) are used to conduct unauthorized advertising, promotional and marketing activities, in particular by placing advertisements, selling and promoting products, services, projects and collections.
e) are used to conduct activities prohibited by law, e.g. attempts to commit fraud and extort funds from other Customers;
f) incites or approves violence against any living being, including animals;
g) promote any fascist or other totalitarian system of state;
h) incites hatred or dangerous behaviour or praises such behaviour;
i) defame or insult or in any way violate the rights of third parties;
j) contain vulgarity or other offensive content;
k) violate the applicable legal order or good customs in any other way.
2. In the event of violation of the above guidelines, the Seller reserves the right to moderate and remove such content without notifying the poster. Posting the content indicated above in the Store will result in the consequences provided for in these Terms and Conditions, including deletion of the account from the Store or disabling the ability to make purchases there.
3. A Customer who considers specific content in the Store to be illegal or inconsistent with the Terms and Conditions may submit a report to the Seller. Such a report should be submitted electronically and should include a description of the specific content, arguments for its removal, and identifying information about the submitter. Anonymous complaints will not be considered.
4. Complaints will be reviewed within 14 days of receipt. The complainant will receive confirmation of receipt. The Seller will notify the Customer of the decision via email or in writing.
5. The Seller's decision may consist in removing the content or leaving it in the Store.
6. The parties may appeal the Seller's decision within 14 days of receiving the justification for its removal. The decision regarding the appeal is final.
§ 4 REGISTRATION
1. Registration in the Store is free of charge and optional.
2. Registration in the Store is based on a properly completed registration form, in which the Customer provides an email address and password; acceptance of the current Store Terms and Conditions; and a declaration of consent to the processing of personal data to the extent necessary for the proper fulfillment of Customer Orders. An email confirming the account creation will be sent to the Customer's email address provided in the registration form. Upon receipt of the email confirming registration, an account management agreement is concluded between the Customer and the Seller.
3. After registering in the Store, login is performed using the data provided in the registration form or modified upon the Customer's subsequent request. Upon initial login, the Customer is required to provide their personal data for the purposes of placing an Order.
4. To delete a Customer's account from the Store (termination of the contract), please send an email requesting account deletion to info@ceramiq.pro, providing the identifying information of the Customer currently registered in the Store, or select the appropriate option in your account settings. This does not apply to situations in which the Seller is in the process of fulfilling an Order placed by the Customer. In such a case, the termination of the contract will take effect upon fulfillment of the Order in question.
5. The Seller allows Orders to be placed without registering or logging in to the Store. To this end, the Customer must complete an electronic form each time the Order is placed by entering the data required by the Seller for identification and the conclusion and performance of the Sales Agreement (name and surname, e-mail address, optional telephone number, delivery address). The Customer must accept the current Terms and Conditions along with a declaration of consent to the processing of personal data for the purposes of the Order.
§ 5 ORDERS
1. Information about the products available in the Store constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
2. By placing an Order, the Customer is inviting the Customer to enter into a sales contract for the ordered Products in the Store. The Product ordering process begins with confirmation of the product's features via the product page. The Customer is informed about the estimated order fulfillment time, product availability, price, payment methods, and possible delivery options. To receive the Product, the Customer is required to provide their address details or verify them if they have previously registered an account. Before placing the Order (by using the "Order and Pay" button), the Customer confirms that they have read these Terms and Conditions and consent to the processing of their personal data for the purposes of the Order.
3. The Store's display of a message confirming receipt of the Order after clicking the "Order and Pay" button constitutes acceptance of the invitation referred to above and the conclusion of a contract. If, before confirming the Order (using the "Order and Pay" button), the Customer terminates the service and leaves the Store, the contract will not be concluded.
4. A Customer making a purchase as an entrepreneur is obliged to provide their Tax Identification Number when placing an Order, otherwise it is assumed that they are making a purchase as a Consumer.
5. The assessment of whether the Customer who is an entrepreneur entered in the CEIDG register has the status of an Entrepreneur with consumer rights is made by the Seller in relation to an individual case and based on any declarations made by the Customer in the course of ordering the Products.
6. To place an Order, the Customer must select the products available in the Store, the delivery method, the payment method, and the delivery address. Selection is made by selecting the product and adding it to the shopping cart.
7. If the Products covered by the Order are unavailable in the warehouse, from the Seller's suppliers, or for other reasons, and the Customer's Order cannot be fulfilled, the Seller will notify the Customer no later than 14 (fourteen) days from the date the Order is placed. In such a case, the Customer has the right to decide whether to consent to the Order being fulfilled within the period proposed by the Seller or to withdraw from the contract. If a portion of the Order referred to above cannot be fulfilled, the Customer will be informed of the Order status and will decide on the method of its fulfillment. The Customer may choose between:
a) partial fulfillment - the Customer's choice of this option results in the fulfillment of the Order for only the available Products;
b) cancel the entire Order (withdrawal).
In the event of withdrawal from the contract, the Seller will refund the Customer the amount paid. Notification will be sent to the email address provided by the Customer in the Order or registration form. If no decision is made within 7 (seven) days of notification, the Order will be canceled for the unavailable Products.
§ 6 PRODUCT PRICE AND PAYMENT METHODS
1. The price listed for each Product is binding at the time the Customer places an Order. The prices of the Goods displayed on the Store's website include VAT (if applicable due to the Goods' delivery location) and exclude shipping costs. The price may include an individually calculated discount or rebate, automatically assigned to the Customer – this information is included in the Order summary.
2. Delivery of goods takes place in the following variants offered in the Store:
a) via courier company (DHL, Inpost),
b) through a forwarding company,
c) personal collection at the indicated branch of the Store.
d) via InPost parcel lockers.
Information about delivery costs is available during the ordering process before placing the Order.
3. Delivery costs will be included in the prices of the Products depending on the goods ordered and the Customer's choice of delivery method when placing the Order.
4. The Seller provides the Customer with the following payment methods for the Products:
a) Traditional transfer,
b) Electronic payments and card payments via Przelewy24.pl - payments are processed by PayPro Spółka Akcyjna with its registered office in Poznań at ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register, maintained by the District Court for Poznań Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register under the KRS number 0000347935, Tax Identification Number (NIP) 7792369887, with the share capital of PLN 5 476 300.00, fully paid up, entered into the register of national payment institutions, maintained by the Polish Financial Supervision Authority under the number UKNF IP24/2014.
c) Electronic payments and card payments via the PayU service - payments are processed by PayU SA with its registered office in Poznań, 60-166 Poznań, at ul. Grunwaldzka 186, entered into the register of entrepreneurs maintained by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number 0000274399, and the Tax Identification Number (NIP) 779-23-08-495, with the share capital of PLN 6,474,300.00, fully paid up; a national payment institution supervised by the Polish Financial Supervision Authority, entered into the Register of Payment Services under number IP1/2012.
5. The Seller does not accept cash on delivery payments.
6. If an Order is placed and payment is not received within 48 hours, the Order will be cancelled.
7. The Order will be shipped within the time specified in the Order confirmation and previously accepted by the Customer, but no later than 30 (thirty) days from the date of conclusion of the contract. The Seller provides the estimated delivery time of the Order on the product page.
8. The Seller may announce promotions on Products on the Store's website. If the Customer has a discount coupon, they can use it – as part of the current promotion – by entering the discount code after going to the shopping cart and clicking "Add." After verifying the discount code, the Store's system will include it in the Order's settlement, which will automatically be reflected by changing the Order's price or adding other discount options, depending on the type of discount coupon.
§ 7 COMPLAINTS
1. The Seller is obliged to deliver the Product in accordance with the contract and free from defects and to properly perform the agreed services.
2. If the delivered goods are found to be defective, the Customer may, at their discretion, exercise warranty rights, provided a warranty has been granted, and exercise warranty rights from the Seller. Warranty and warranty rights are independent of each other.
3. The Store is liable for any lack of conformity of the goods with the contract that exists at the time of delivery and is discovered within two years of that date, unless the Product's expiration date, as determined by the Store, its legal predecessors, or persons acting on their behalf, is longer. It is presumed that any lack of conformity of the goods with the contract that becomes apparent within two years of delivery of the Product existed at the time of delivery, unless proven otherwise or unless this presumption is inconsistent with the nature of the goods or the nature of the lack of conformity.
4. In the case of contracts concluded with Consumers and Entrepreneurs with consumer rights, the Seller is liable under warranty and/or contractual liability for the services provided. This liability is excluded in relation to Customers with other statuses.
5. If a delivered Product or service is found to be defective, the Customer may file a complaint and inform the Seller of the observed irregularities and document the irregularities for verification of the objections. Complaints may be submitted electronically or in writing to the Store's address.
6. The Seller undertakes to consider the complaint within 14 days from the date of its submission and to inform the Customer about the decision and further proceedings in writing or by e-mail to the e-mail address provided in the complaint or on another durable medium.
7. If the Product does not conform to the contract, the Customer may request its repair or replacement. The Seller may replace the Product if the Customer has requested its repair, or repair it if the Customer has requested its replacement, only if ensuring the Product conforms to the contract in the manner initially selected by the Customer is impossible or would require excessive costs. If repair and replacement are impossible or would require excessive costs for the entrepreneur, the entrepreneur may refuse to bring the Product into conformity with the contract. In such a case, the Customer may submit a declaration of price reduction or withdrawal from the contract. When assessing the excessive costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the Product's lack of conformity, the value of the Product in conformity with the contract, and the excessive inconvenience to the Customer resulting from the change in the method of bringing the Product into conformity with the contract.
8. The Customer may submit a declaration of price reduction or withdrawal from the contract if the Product is inconsistent with the contract only when:
a) the Seller refused to bring the Product into conformity with the contract;
b) the Seller has not brought the Product into conformity with the contract;
c) the lack of conformity of the Product with the contract persists despite the Seller's attempts to bring the Product into conformity with the contract;
d) the lack of conformity of the Product with the contract is so significant that it justifies an immediate reduction in the price or withdrawal from the contract;
e) it is clear from the Seller's statement or circumstances that he will not bring the Product into conformity with the contract within a reasonable time or without excessive inconvenience to the Customer.
9. The reduced price must be proportional to the price under the contract to the value of the Product that is inconsistent with the contract. The Seller shall refund any amounts due as a result of exercising the right to reduce the price immediately, no later than 14 days from the date of receipt of the Customer's notice of the price reduction.
10. The Customer may not withdraw from the contract if the lack of conformity of the Product with the contract is immaterial. It is presumed that the lack of conformity of the Product with the contract is material.
11. The Seller is obligated to repair or replace the Product within a reasonable time from the time the Customer notifies the Customer of the lack of conformity with the contract, and without excessive inconvenience to the Customer, taking into account the nature of the Product and the purpose for which the Customer purchased it. The costs of repair or replacement, including, in particular, postage, shipping, labor, and materials, are borne by the Seller. The Customer is obligated to make the Product subject to repair or replacement available to the Seller. The Seller will collect the Product from the Customer at its own expense, and if the Product was installed before the lack of conformity was discovered, the Seller will disassemble and reassemble it after the repair or replacement, or arrange for this to be done at its own expense. The Seller does not accept cash-on-delivery shipments. In some cases, it is not necessary to send the Product in question, and the Seller may limit itself to inspecting the photos provided by the Customer, of which the Customer will be informed upon receipt of the complaint.
12. The Customer is not obliged to pay for normal use of the Product that was subsequently replaced.
13. In the event of withdrawal from the contract, the Customer shall immediately return the Product to the Seller at their own expense. The Seller shall refund the price to the Customer immediately, no later than 14 days from the date of receipt of the Product or proof of its return, using the same payment method used by the Customer, unless the Customer has expressly agreed to a different refund method that does not incur any costs to the Customer.
14. In the event of a dispute between the Seller and the Customer regarding the validity of the rejection of a complaint, the Customer who is a Consumer has the right to use out-of-court complaint and redress procedures. The Customer may use mediation or arbitration by submitting an appropriate form to the institution conducting the proceedings – a request for mediation or a request for arbitration. A list of sample institutions, along with their contact details, is available at www.uokik.gov.pl. This right does not apply to entrepreneurs with consumer rights.
15. In the case of a Customer who does not have consumer rights, he/she is absolutely obliged to check the Product being received, otherwise it is assumed that he/she accepted it without reservations and that it was delivered in accordance with the content of the Order.
§ 8 RIGHT OF WITHDRAWAL FROM THE CONTRACT
1. A Customer who is a Consumer or an Entrepreneur with consumer rights may withdraw from the contract without giving any reason within 14 days of receiving the shipment. They must then submit a declaration of withdrawal from the contract and return the Product to the Seller.
2. To submit a declaration of withdrawal, you may use the withdrawal form provided in the annex to the Regulations.
3. The deadline is deemed met if the Consumer or Consumer Rights Entrepreneur sends a declaration of withdrawal in writing to the Seller's address or electronically to the Seller's email address, no later than the last day of the 14-day period. After receiving the declaration of withdrawal in electronic form at the aforementioned email address or postal address, the Seller will immediately confirm its receipt by sending a notification to the withdrawing party's email address. A declaration of withdrawal submitted after the deadline has no legal effect.
4. Products should be returned in unaltered and complete condition, without signs of use, unless the change was necessary within the scope of ordinary management, i.e., the Consumer or Entrepreneur with consumer rights should handle the Product with the possibility of its eventual return in mind. The Consumer or Entrepreneur with consumer rights is responsible for any diminished value of the item resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the item. If the returned Product is incomplete or shows signs of use beyond ordinary management, the Seller reserves the right to reduce the refund amount by the equivalent of the damaged item, at the Seller's discretion.
5. The right of the Consumer or Entrepreneur to withdraw from the contract does not apply if the subject of the Order is, among others, a contract:
a) for the provision of services for which the consumer is obliged to pay the price, if the trader has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the performance that after the trader has performed the service he will lose the right to withdraw from the contract and has acknowledged this;
b) where the subject of the provision is a non-prefabricated good, manufactured according to the consumer’s specifications or intended to meet his individual needs;
c) where the subject of the service is goods delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons if the package was opened after delivery;
d) where the subject of the provision are goods which, due to their nature, are inseparably connected with other things after delivery.
4. The returned Product must be returned no later than 14 days after withdrawal from the contract, along with a declaration of withdrawal, to the Seller's address indicated at the beginning of these Terms and Conditions. The Consumer or Entrepreneur with consumer rights bears the direct costs of returning the Product to the Seller (return costs), i.e. the costs of returning the Product to the Seller are non-refundable.
5. In the event of withdrawal from the contract, all payments made by the Consumer or the Entrepreneur with consumer rights, including the costs of the first delivery, will be transferred to the Consumer or the Entrepreneur with consumer rights immediately, but no later than within 14 days from the date of receipt by the Seller of the declaration of withdrawal from the contract.
6. Refunds for payments made by payment card or electronic transfer will be made to the bank account from which the payment was made, unless the Customer expressly submits another refund instruction that does not generate additional costs for the Customer before making the refund (e.g. in the declaration of withdrawal).
7. The Seller may withhold the refund of payments received from the Customer until the ordered Product is received back from the Customer or the Customer provides proof of its return, whichever occurs first.
§ 9 PERSONAL DATA PROTECTION
Provisions regarding the protection of Customers' personal data by the Seller can be found in the privacy and cookies policy posted on the Store's website.
§ 10 COPYRIGHT
These Terms and Conditions and all content posted on the Store, including photos and descriptions, are subject to copyright within the meaning of the Act of 4 February 1994 on Copyright and Related Rights and are subject to legal protection. Any copying, reproduction, distribution, or adaptation thereof, in whole or in part, using any methods, devices, or techniques, without the written consent of the Seller is prohibited.
§ 11 FINAL PROVISIONS
1. For each Product sold by the Seller, a VAT invoice or other appropriate settlement document is issued in accordance with applicable tax regulations. The VAT invoice is delivered electronically to the email address provided by the Customer or in traditional form along with the delivery of the Product. Acceptance of the Terms and Conditions also constitutes consent to the sending of invoices in electronic form.
2. The applicable law is Polish law.
3. Disputes arising between the Customer and the Seller will be resolved by the court having jurisdiction over the Seller's registered office, provided that in the case of Consumers, such disputes will be resolved by the competent court in accordance with the provisions of civil procedure.
4. These Regulations are subject to the provisions of Polish law and will be interpreted in accordance with them.
5. These Terms and Conditions do not limit any consumer protection rights that the user may have under mandatory provisions in his country of residence.
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