Terms and Conditions of the online shop at www.swiza.pl

1. DEFINITIONS
2. GENERAL PROVISIONS
3.  PROVISION OF ELECTRONIC SERVICES
4. TERMS AND CONDITIONS OF CONCLUDING SALES AGREEMENTS
5. DELIVERY
6. PAYMENT
7. RIGHT TO WITHDRAW FROM THE AGREEMENT
8. COMPLAINT PROCEDURE MODE
9. FINAL PROVISIONS
10. PRIVACY POLICY AND COOKIE POLICY
11. PERSONAL DATA
12. CURRENT MODIFICATIONS TO THE TERMS AND CONDITIONS

1. DEFINITIONS

The following terms have the following meaning when used in these Terms and Conditions:

1.1.  PASSWORD – a string of alphanumerical characters required for authorisation during an attempt to access the Account, determined by the Client themselves during the process of Registration.

1.2.  CLIENT – a natural person with the full capacity to perform acts in law and – in the circumstances provided for by the universal provisions – a natural person with a limited capacity to perform acts in law; a legal person or an organisational entity without legal personality granted with legal personality as a matter of statutory law, which entity intends to conclude or has concluded the Sales Agreement or an Electronic Service agreement.

1.3.  CIVIL CODE – the Civil Code Act of 23 April 1964  (Journal of Laws No. 16, item 93, as amended).

1.4.  CONSUMER – a natural person for whom the conclusion of the Sales Agreement or Electronic Service agreement is not directly connected with its business or professional activity.

1.5.  ACCOUNT (CLIENT ACCOUNT) – an Electronic Service, a set of resources with an individual name (login) and password provided by the Service Recipient created in the ICT system of the Service Provider, which set contains data provided by the Service Recipient and data on the Orders they placed in the Online Shop. 

1.6.  PRODUCT – a movable available in the Online Shop, one which is the subject of the Sales Agreement concluded between the Client and the Seller.

1.7.  TERMS AND CONDITIONS – these terms and conditions of the Online Shop.

1.8.  REGISTRATION – a one-time activity that consists in the Client creating an Account, carried out with a registration form provided by the Service Provider at the website of the Shop.

1.9.  ONLINE SHOP (SHOP) – the online shop of the Service Provider at www.swiza.pl, via which the Client may conclude the Sales Agreement or Electronic Service agreement.

1.10.  SELLER – ECBP s.c. (ul. Wyspiańskiego 4; 82-300 Elbląg) conducting business activity based on the entry in the Business Activity Register kept the mayor of Elbląg under number 36078 and 19467, NIP [Tax Identification Number] 5782982349, REGON [National Official Business Register] 280224120, e-mail address: sklep@swiza.pl, phone/fax: (+48) 552368506 (charged as for a standard connection – according to the pricelist of the current operator).

1.11.  PARTY – the Service Provider, the Seller or the Client.

1.12.  SALES AGREEMENT (AGREEMENT) – an agreement of sales of the Product as per the Civil Code, concluded via the Online Shop.

1.13.  ELECTRONIC SERVICE – a service rendered electronically by the Service Provider via the Online Shop.

1.14.  SERVICE PROVIDER – ECBP s.c. (ul. Wyspiańskiego 4; 82-300 Elbląg) pursuing business activity based on the entry in the Business Activity Register kept the mayor of Elbląg under number 36078 and 19467, NIP [Tax Identification Number] 5782982349, REGON [National Official Business Register] 280224120, e-mail address: sklep@scyzoryki.net, phone/fax: (+48) 552368506 (charged as for a standard connection – according to the pricelist of the current operator).

1.15.  ORDER – declaration of intent made by the Client directly leading to the conclusion of the Product Sales Agreement and specifying the essential terms and conditions of such agreement.

1.16 BUSINESS DAY – one day from Monday to Friday, except for public holidays.

1.17.  REGISTRATION FORM – the form available in the Online Shop, which makes it possible to create an Account.

1.18.  ORDER FORM – an Electronic Service, an interactive form available in the Online Shop, one which makes it possible to place an Order, particularly by way of adding Products to the shopping basket and specifying the terms and conditions of the Sales Agreement, including the method of delivery and payment. 

1.19. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, one which allows all Service Recipient who use it receive from the Service Provider automatic and periodical content of successive issues of the newsletter containing information on Products, latest products and bargains in the Online Shop.

1.20. SERVICE RECIPIENT – (1) a natural person with the full capacity to perform acts in law and – in the circumstances provided for by the universal provisions – a natural person with a limited capacity to perform acts in law; (2) a legal person; or (3) an organisational entity without legal personality granted with legal personality as a matter of statutory law, which entity uses or intends to use the Electronic Service.

1.21 CONSUMER RIGHTS ACT, ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws of 24 June 2014, item 827, as amended). 827, as amended).


2. GENERAL PROVISIONS

2.1. The provisions of these Terms and Conditions do not set out to exclude or limit any rights of the Client, being the Consumer at the same time, which they are entitled to as a matter of absolutely binding provisions of the law. If the provisions of these Terms and Conditions are not compatible with the provisions specified above, the latter have the priority.

2.2. The Terms and Conditions define the principles of using the Online Shop by the Clients.

2.3. These Terms and Conditions are the terms and conditions provided for in Article 8 of the Act of 18 July 2002 on the electronical provision of services (Journal of Laws of 2002, No. 144, item 1204, as amended) as well as they specify the terms of concluding the Sales Agreements in the Online Shop.

2.4. The Online Shop is run by:

Europejskie Centrum Bezpieczeństwa Pracy s.c.; ul. Wyspiańskiego 4; 82-300 Elbląg
Entered in the Business Activity Register kept by the mayor of Elbląg under number 36078 and 19467 and in the Central Registration and Information on Business and registered by the Inspector General for the Protection of Personal Data GIODO .
NIP [Tax Identification Number] 5782982349, REGON [Official National Business Register] 280224120
Service address: ul. Rzeźnicka 12-13/B; 82-300 Elbląg
E-mail address: sklep@swiza.pl
Website address: www.swiza.pl
Phone/fax: (+48) 552368506 (charged as for a standard connection – according to the pricelist of the current operator).

2.5. The Service Provider renders the following Electronic Services through the agency of the Online Shop:

2.5.1 Client Account in the Online Shop;

2.5.2. Interactive form allowing the Clients to place an Order in the Online Shop.

2.5.3. Newsletter

2.6. Minimal technical requirements necessary for the cooperation with the ICT system employed by the Service Provider:

2.6.1. Computer with Internet access;

2.6.2. Access to electronic mail.

2.6.3. Recommended screen resolution: 1024x768 pixels;

2.6.4. A web browser: Internet Explorer 7.0 or higher with enabled support of JavaScript and cookies; Mozilla Firefox 3.0 or higher with enabled support of JavaScript and cookies; or Google Chrome 8 or higher.

2.7. The Service Provider uses cookies, which store information connected with the use of the Online Shop by the Client in order to maintain the session of the Client (after they log in their Account), thanks to which the Client does not have to enter their Password on every single subpage of the Shop.

2.8. The Client is obliged not to provide any content that is illegal.

2.9. The Client is obliged to provide data that is true.

2.10. The Client is obliged to use the Online Shop in a manner compliant with the law and good morals, being respectful of personal interests and intellectual property rights of third parties.

2.11. It is forbidden to use the Electronic Services in a manner that illegally disrupts the functioning of the Online Shop by way of specific software or devices and to distribute or place in the Online Shop unwanted marketing information.

2.12. To provide the safety of sent messages, the Service Provider applies technical and organisational measures that are on par with the degree of risk related to safety of the provided Electronic Service.

3.  PROVISION OF ELECTRONIC SERVICES

3.1. As part of running the Shop, the Service Provider undertakes to provide the Electronic Services to the extent and on provisions determined in these Terms and Conditions.

3.2.  The Service Provider renders the Electronic Services free of charge.

3.3. The terms of concluding Electronic Service agreements:

3.3.1. The agreement of Electronic Service consisting in keeping the Client Account in the Online Shop is concluded upon Registration.

3.3.1.1. The performance of the Registration requires that the Client provide the following data in the registration form: full name, address (street, home number, locality with the postal code and country of residence), e-mail address, contact phone number and the Password.

3.3.2. The agreement of Electronic Service consisting in the provision of interactive form allowing for the placement of the Order in the Online Shop is concluded at the moment when the said Service starts to be used (adding a Product to the shopping basket).

3.4. The agreement of Electronic Service consisting in keeping the Client Account in the Online Shop is concluded for an indefinite term.

3.5. The agreement of Electronic Service consisting in the provision of interactive form allowing for the placement of the Order in the Online Shop is concluded for a definite term and dissolves at the moment the Order is placed or the Client stops placing the Order.

3.6. The provisions on dissolution of agreements of Electronic Services:

3.6.1. The Client may terminate the agreement of Electronic Service concluded for an indefinite term at any time without indicating the reasons with observance to a 7-day period of notice.

3.6.2. The Client who performed the Registration of the Account may also terminate the agreement of this Electronic Service with immediate effect by way of deleting their Account on their own by filing such an instruction with a proper option in the Account.

3.6.3. The Service Provider may terminate the agreement of Electronic Service concluded for an indefinite term if the Client gravely or persistently violates the Terms and Conditions, when the Client provides illegal content in particular. The termination may be submitted upon an one-time ineffective call for cessation or removal of violations with the determination of the proper deadline. In such a case, the agreement is dissolved upon a 14-day period of notice.

3.6.4. The termination of the agreement of Electronic Service concluded for an indeterminate term by either Party does not infringe the rights acquired by the Parties during the term of the agreement.

3.6.5. Notwithstanding the above provisions, the Parties may dissolve the agreement of Electronic Service concluded for an indeterminate term at any time by way of a mutual arrangement of the Parties.

3.7.  The following Electronic Service are available in the Online Shop:  Account, Order Form and Newsletter. 

3.7.1.  Account - the Account may be used when the Service Recipient fulfils all three of the following steps – (1) filling in the Registration Form, (2) clicking on the "Create an account" field and (3) confirming the will to create the Account by clicking on the confirmation link sent automatically to the provided e-mail address.  The Service Recipient is obliged to provide the following data of the Service Recipient in the Registration Form: full name/company name, address (street, house/flat number, postal code, locality, country), e-mail address, contact phone number and the password. In the case of the Service Recipients who are not consumers, they need to provide the company name and NIP [Tax Identification Number]. 

3.7.1.1.  The Account, Electronic Service, is provided free of charge for an indeterminate term.  The Service Recipient may, at any time and without indication of the cause, delete the Account (resign from the Account) by sending a proper request to the Service Provider, particularly by e-mail at  sklep@swiza.pl or by letter at the following address: ul. Rzeźnicka 12-13/B, 82-200 Elbląg.

3.7.2.  Order Form - the Registration Form starts to be used at the moment when the Client adds the first Product to the shopping basket in the Online Shop.  The Order is placed after the Client fulfils all of the two following steps – (1) filling in the Order Form and afterwards (2) clicking on the "I confirm the purchase" field in the Online Shop website – until then there is a possibility to individually modify the provided data (to that end, following the appearing messages and information available at the Online Shop website).  The Client is obliged to provide the following data of the Client in the Order Form: full name/company name, address (street, house/flat number, postal code, locality, country), e-mail address, contact phone number and the data concerning the Sales Agreement:  Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of the Clients who are not consumers, they need to provide the company name and NIP [Tax Identification Number]. 

3.7.2.1.  The Order Form, Electronic Service, is provided free of charge, is of one-time character and expires after it is used to place the Order or when the Service Recipient ceases to place the Order with the Order Form.

3.7.3.  Newsletter – the use of Newsletter is possible upon providing the e-mail address at which successive issues of the Newsletter are to be sent in the "Newsletter" tab at the website of the Online Shop and clicking on the "Subscribe" field.  The Newsletter may also be subscribed to by checking the proper checkbox when creating an Account – the Service Recipient will then be subscribed to the Newsletter when the Account is created.

3.7.3.1.  The Newsletter Electronic Service, is provided free of charge for an indeterminate term. The Service Recipient may, at any time and without indication of the cause, sign out from the Newsletter (resign from the newletter) by sending a proper request to the Service Provider, particularly by e-mail at  sklep@swiza.pl or by letter at the following address: ul. Rzeźnicka 12-13/B, 82-200 Elbląg. 


4. TERMS AND CONDITIONS OF CONCLUDING SALES AGREEMENTS

4.1. Announcements, advertisements, pricelists and other information on Products provided at webpages of the Online Shop, especially their descriptions, technical and performance parameters and prices, constitute an invitation to conclude an agreement as per Article 71 of the Civil Code.

4.2. The price of the Product visible at the website of teh Online Shop is provided in PLN and includes all components, including VAT and customs duties. However, the prices of Products do not include delivery costs, which are indicated when the Order is placed and which are available at the website of the Online Shop in the "Payments and deliveries" tab, at: https://swiza.pl/en_US/i/Payments-and-delivery/29

4.3. The price of the Product visible at the website of the Online Shop is binding at the moment of the Client placing the Order. The price will not change, regardless of price changes in the Online Shop/stationary shop which may occur in relation to individual Products after the Client places the Order.

4.4. To conclude a Product Sales Agreement with the interactive form, enter the website of the Online Shop, choose the Product and place the Order with the interactive form, following the messages and information displayed to the Client.

4.4.1. When placing the Order, provide the following necessary data: full name, address (street, home number, locality with the postal code and country of residence), contact phone number, Product, quantity of the Product, place and method of delivery of the Product and method of payment.

4.5. The Order is placed via the interactive form at the moment of clicking on the "I confirm the purchase" field in the form.

4.6. After the Order is placed, the Seller immediately (1) confirms its receipt, which will make the Client bound to their declaration, and (2) accepts the Order for performance – at this moment the Sales Agreement is concluded. The confirmation of receipt of Order and its acceptance for performance occurs after the Client is sent a proper message at the electronic mail address (e-mail address) provided when placing the Order. When the Client receives the said message, the Sales Agreement is concluded between the Client and the Seller.

4.7. When placing the Order with the interactive form – until the Order is placed – the Client may modify the provided data. In order to do so, follow the messages and information displayed to the Client, which are available at the website of teh Online Shop.

4.8. The Sales Agreement between the Client and the Seller is concluded after the 
Client places the Order with the Order Form in the Online Shops according to Point 3.7.2 of the Terms and Conditions. 


5. DELIVERY

5.1.  If the Sales Agreement is concluded, the Product will be delivered not later than 14 calendar days from the day the Sales Agreement is concluded.

5.2. The Seller delivers the Product upon the Client's request:

5.2.1. with own transport; or

5.2.2. by mail or carrier indicated during the placement of the Order.

5.3. The Products may be delivered in the territory of:  of the Republic of Poland.

5.4. Delivery costs will be expressly indicated during the process of Order placing and are available at the website of the Online Shop, in the "Payments and deliveries" tab, at: https://swiza.pl/en_US/i/Payments-and-delivery/29

5.5. Under Article 545 § 2 of the Civil Code, if the Product is sent to the Client by a carrier, the Client is obliged to inspect the parcel in time and manner accepted for parcels of such sort. If the Client states that there was a damage or loss of the Product during transport, they are obliged to take any and all actions necessary to determine the liability of the carrier.

5.6.  If the Client chooses cash on delivery as the method of payment – starting with the day of the conclusion of the Sales Agreement. 

5.7.  The time of the Product being ready for the Client to collect it – if the Client selects the personal collection of the Product, it will be ready for the Client to collect within 2 Business Days unless a shorter period is provided in the description of the Product or during the placement of the Order.  In the case of Products with different time of readiness for collection, the time of readiness for collection is the longest period provided, which – however – cannot exceed 2 Business Days. The Client will be additionally informed by the Seller of the readiness of the product to be collected, by means of a proper e-mail message sent to the e-mail address of the Client provided during the placement of the Order. The beginning of the period of the readiness of the Product to be collected by the Client is calculated in the following manner: 

5.7.1.  If the Client chooses to pay by wire transfer, electronic methods of payment – from the day of crediting the bank account or clearing account of the Seller. If the Client chooses to pay with a payment card – from the moment of positive authorisation.

5.7.2.  If the Client chooses cash on delivery as the method of payment – from the day of the conclusion of the Sales Agreement. 


6. PAYMENT

6.1. The Seller makes the following methods of payment available:

6.1.1. Cash on delivery;

6.1.2. Wire transfer (data of the Seller's bank account are provided at the website of the Shop and in an e-mail message sent to the Client after the Order is placed).

PKO BP no. 76 1020 1752 0000 0002 0096 7430

6.1.3. Tpay.com (Płać z Alior Bank, Przelew z kodu QR, Bank BPH S.A., Fotopłatności, BPH BusinessNet, Przelew z BPH, Bank Gospodarki Żywnościowej S.A. (BGŻ), Bank Millennium S.A., Bank Ochrony Środowiska S.A. (BOŚ), Bank Pekao S.A., PeoPay, Bank Pocztowy S.A., Bank Polskiej Spółdzielczości (BPS) *, Bank Spółdzielczy we Wschowie *, Bank Zachodni WBK S.A. (BZWBK), SMART Bank, BLIK, BNP Parbias Fortis, Citibank Handlowy S.A., Credit Bank Agricole S.A., Przelew Online Credit Agricole, Deutsche Bank PBC S.A., eHat.me, Eurobank - płatność online, FerBuy, Getin Bank S.A., Idea Bank, ING Bank Śląski S.A., Płacę z Inteligo, mBank - mTransfer, mPay płatności komórką, NeoBank (Wielkopolski Bank Spółdzielczy) *, PKO Bank Polski S.A. (iPKO), Płacę z IKO, Plus Bank S.A., Podkarpacki Bank Spółdzielczy (PBS), Spółdzielcza Grupa Bankowa (SGB24)*, Toyota Bank Polska S.A., Pay Way Toyota Bank, Volkswagen Bank S.A., Karta płatnicza Diners Club, Karta płatnicza Maestro, Karta płatnicza MasterCard, Karta płatnicza MasterPass, Karta płatnicza Visa Electron, Karta płatnicza Visa).

6.1.4. PayPal elecyronic payments.


6.2. In the case of a method of payment different than cash on delivery, the Client is obliged to pay the price under the Agreement within 7 days from its conclusion unless the Sales Agreement provides otherwise.

6.3. In the case of the Clients who are no longer Consumers, the Seller has a right to limit the available methods of payment, including requiring a prepayment of the total price or a part thereof.

6.4.  Electronic payments and payments with payment cards via the PayU.pl or eCard.pl service – available methods of payment are defined at the website of the Online Shop in the "Methods of payment" tab and at: http://www.tpay.com. 

6.4.1.  Settlements of transactions made with electronic payments and payments with payment cards are carried out according the Client's decision via the tpay.com service.  Electronic payments and payments with payment cards are processed by:  

6.4.1.1.  Krajowy Integrator Płatności Spółka Akcyjna with its registered office in Poznań (address: ul. Św. Marcin 73/6,  61-808 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 300878437, NIP [Tax Identification Number]: 7773061579. 

6.5. All prices in the shop include a discount of 0.5-3%, but it is not recognised in the case of online payments (including payment cards).

7. RIGHT TO WITHDRAW FROM THE AGREEMENT

7.1. The Client who is also a Consumer who has concluded the Sales Agreement or Electronic Service agreement may withdraw from it without indicating the reasons, by submitting a proper statement in writing or in any other manner within fourteen days. To comply with the time limit, it is sufficient to sent the statement within that limit. The above right may be exercised by the Consumer by sending a statement of withdrawal at the following address: ECBP s.c. (ul. Rzeźnicka 12-13/B; 82-300 Elbląg) or by handing it over to a person authorised by the Seller to receive it unless the Seller offered that they will collect the Product in person

Declaration for download - click here

7.2. The fourteen-day time limit within which the Client may withdraw from the Sales Agreement of agreement of Electronic Service begins to run from the day the consumer receives the items (goods) in the case of sale of goods or from the day of conclusion of the agreement in the case of service rendition.

7.3. In the withdrawal from the agreement, the Sales Agreement or agreement of Electronic Service is deemed not concluded and the Client is released from any obligations. The considerations of the Parties are returned in an unchanged condition unless a change has been necessary within the scope of ordinary management. The return should be carried out immediately and within fourteen days.

7.4. The Seller returns the paid amount along with the delivery cost with the same methods of payment that were used by the Consumer in the original transaction (in the case of payment cards, funds will be returned directly to the card of the Buyer), to the bank account number indicated by the Consumer or in a different manner specified by the Consumer (in each case the Consumer will not sustain any payments for the said return). If the Consumer chose a method of delivery different than the cheapest ordinary method of delivery offered by the Seller, the Seller is not obliged to return to the Consumer the additional costs that the latter incurred. The cost of sending the goods back to the Seller is covered by the Consumer.

7.5. The Consumer is not entitled to withdraw from the agreement concluded remotely in the following cases:

(1) agreement of services, if the Seller has performed the service fully upon the Consumer's express consent and the Consumer has been informed – before the rendition of services started – that after the Seller provides the services fully, the Consumer will lose the right to withdraw from the agreement; (2) where the price or remuneration depend on fluctuations on the financial market beyond the control of the Seller and which fluctuations may occur before the lapse of the time limit for withdrawal from the agreement; (3) where the subject of the consideration is a non-prefabricated Product, produced according to the Consumer's specifications or intended for their individual needs; (4) where the subject of consideration is a Product which deteriorates quickly or has a short expiry date; (5) where the subject of consideration is a Product delivered in sealed packaging, which Product cannot be returned upon opening due to protection of health or for hygienic reasons if the packaging has been opened upon delivery; (6) where the subject of consideration are the Products which – upon delivery and due to their nature – are fixedly combined with another items; (7) where the subject of consideration are alcohol drinks the price of which was set at the conclusion of the Sales Agreement, which drinks may be delivered only after the lapse of 30 days and the value of which depends on fluctuations of the market beyond the control of the Seller; (8) where the Consumer has expressly demanded that the Seller should visit them to conduct an urgent repair or maintenance; if the Seller additionally provides other services than those that were demanded by the Consumer or if the Seller provides the Products other than replacement parts indispensable for the repair or maintenance, the Consumer is entitled to withdraw from the agreement as regards the additional services or Products; (9) where the subject of consideration are audio or video recordings or computer software provided in sealed packaging if the packaging has been opened after delivery; (10) agreement of provision of dailies, periodicals or magazines, except for subscription agreements; (11) agreement concluded in the course of public auction; (12) agreements of services concerning accommodation for other than residential purposes, carriage of objects, rental of cars, gastronomy, services related to leisure and entertainment, sports or cultural events, if the agreement specifies the day or period of provision of the service; (13) agreement of provision of digital content that is not stored on a tangible data carrier, if the consideration has started to be performed upon express consent of the Consumer before the lapse of the time limit for withdrawal from the agreement and after the Consumer has been informed by the Seller of the loss of the right to withdraw from the agreement. (14) considerations with properties defined by the Consumer in an order placed by them or closely related to them: marking (engraving, printing, etc.);

7.6.  The Consumer assumes exclusive liability for the depreciation of the Product resulting from using it in a manner exceeding the manner necessary to determine the character, properties and functioning of the Product. 

7.7.  Possible costs connected with the Consumer withdrawing from the agreement to be be covered by the Consumer: 

7.7.1.  If the Consumer chose a method of delivery of the Product different than the cheapest ordinary method of delivery offered by the Seller, the Seller is not obliged to return to the Consumer the additional costs that the latter incurred. 

7.7.2.  The Consumer incurs direct costs of return of the Product. 


8. COMPLAINT PROCEDURE MODE

8.1. Complaints for incompatibility of the Product with the Sales Agreement

8.1.1. The Seller is liable towards the Client being a natural person who acquires the Products for the purposes not connected with professional or business activity for the incompatibility of the Product with the Sales Agreements to the extent provided for in the statutory law – under provisions of the Consumer Rights Act of 30 May 2014  (Journal of Laws  2014, item  827, as amended); and other relevant provisions of the governing law.

8.1.2. Complaints for incompatibility of the Product with the Sales Agreement may be submitted in writing to the address of ECBP s.c. (ul. Rzeźnicka 12-13/B; 82-300 Elbląg) or by e-mail to the address: sklep@swiza.pl.

8.1.3. The Seller handles complaints immediately, within 14 days. The reply of the Seller concerning the complaint is sent to the address provided by the Client or in any other manner specified by the Client.

8.1.4. The Seller informs that if the Products are also covered with a warranty, the resulting rights should be exercised according to the terms and conditions found in the warranty certificate. The warranty on the sold Product does not exclude, limit or suspend the rights of the Client resulting from the liability fo the Seller for the incompatibility of the Product with the Sales Agreement to the extend provided for in the statutory law – under provisions of the Consumer Rights Act of 30 May 2014  (Journal of Laws  2014, item  827, as amended); and other relevant provisions of the governing law.

8.2. Complaints concerning the provision of the Electronic Service

8.2.1. Complaints concerning the provision of the Electronic Service may be submitted in writing to the address of ECBP s.c. (ul. Rzeźnicka 12-13/B; 82-300 Elbląg) or by e-mail to the address: sklep@swiza.pl.

8.2.2. The Client has a right to lodge a complaint within a month from the day on which they detected irregularities in the provision of the Electronic Service.

8.2.3. It is advisable to include as much information and as many circumstances concerning the subject of the complaint in the complaint as possible, particularly the type and date of irregularity, photos and contact data – it will facilitate and accelerate the processing of the complaint by the Service Provider.

8.2.4. Complaints are processed by the Service Provider immediately, within 14 days.

8.2.5. The reply of the Service Provider concerning the complaint is sent to the e-mail address of the Client provided in the complaint notification form or in any other manner specified by the Client.

8.3. OUT-OF-COURT MEASURES FOR PROCESSING COMPLAINTS AND PURSUING CLAIMS AND TERMS OF ACCESS TO THOSE PROCEDURES

8.3.1.  Detailed information on the possibility of the Client being a Consumer to institute out-of-court measures for processing complaints and pursuing claims and terms of access to those procedures is available at the offices and websites of poviat (municipal) consumer advocates, social organisations the objects of which include the protection of consumers and Voivodship Inspectorates of Trade Inspection and at the following webpages of the Office for Competition and Consumer Protection:   http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php. 

8.3.2.  The Client being a Consumer has the following example possibilities to employ out-of-court measures for processing complaints and pursuing claims: 

8.3.2.1.  The Client is entitled to refer to a permanent amicable consume court as per Article 37 of the Trade Inspection Act of 15 December 2000 (Journal of Laws of 2001 no. 4 item 25, as amended) with a petition for resolving a dispute arising from the concluded Sales Agreement.  The terms and conditions of the organisation and operation of permanent amicable consumer courts are determined by the Regulation of the Minister of Justice of 25 September on the determination of the terms and conditions of the organisation and operation of permanent amicable consumer courts. (Journal of Laws 2001, No. 113, item 1214). 

8.3.3.  The Client is entitled to refer to a Voivodship Inspectorate of Trade Inspection as per Article 36 of the Trade Inspection Act of 15 December 2000 (Journal of Laws of 2001 no. 4 item 25, as amended) with a petition for institution of mediating proceedings for amicable resolution of a dispute that has arisen between the Client and the Seller.  Information on principles and mode of mediation procedure conducted by a Voivodship Inspector of Trade Inspection is available at the offices and websites of Voivodship Inspectorates of Trade Inspection.

8.3.4.  The Client may also acquire gratuitous help in the resolution of a dispute that has arisen between the Client and the Seller by using gratuitous help of a poviat (municipal) consumer advocate or a social organisation the objects of which include the protection of consumers (e.g.  the Polish Consumer Federation or the Association of Polish Consumers)  The Polish Consumer Federation gives advice via a free consumer infoline at 800 007 707 and the Association of Polish Consumers – at porady@dlakonsumentow.pl. 


9. FINAL PROVISIONS

9.1. The agreements concluded through the agency of the Online shop are concluded in Polish.

9.2. Matters not regulated in these Terms and Conditions are governed by the provisions of the law effective in the territory of the Republic of Poland, including the Civil Code, Act of 18 July 2002 on the electronical provision of services (Journal of Laws No. 144, item 1204, as amended); Act on protection of certain consumer rights and on liability for damage inflicted by a hazardous product of 1204 March 2000 (Journal of Laws No. 22, item 271, as amended); Act of 27 July 2002 on special terms of consumer sales and on amendment to the Civil Code (Journal of Laws No. 141, item 1176, as amended) and other relevant provisions of the Polish law.

9.2.1. The selection of the Polish law does not deprive the Consumer of the protection granted to them under the provisions that cannot be excluded under the agreement, under the provisions of the law that would be effective in the lack of choice, i.e. in the country where the Consumer has their place of ordinary stay and the entrepreneur (1) pursues their business or professional activity in the country where the Consumer has their place of ordinary stay or (2) in any way directs that activity to that country or to several countries, that country included; and the agreement is included in the scope of that activity.

9.3. The Service Provider reserves the right to modify these Terms and Conditions due to the following important reasons:

– technical, organisational or legal reasons,
– introduction of a new functionality / new functionalities,
– modifications connected with the safety of Users or data,
– law amendment,
– decisions or other guidelines by bodies of public authorities (e.g. Inspector General for the Protection of Personal Data GIODO/common courts, law enforcement authorities).

Modified Terms and Conditions are binding to the Clients if the requirements under Article 384 of the Civil Code have been met (i.e. the Client has been duly notified of the modifications) and if the Client has not terminated the agreement for indeterminate term within 14 days. Modifications to the Terms and Conditions will not infringe any rights acquired by the Clients, particularly they will not influence the Orders placed or being performed and the already concluded Sales Agreements, which will be performed on principles effective so far. If a modification to the Terms and Conditions would result in the introduction of any new charges or an increase in the current ones, the Consumer has the right to withdraw from the agreement.

9.4. The Clients may gain access to the Terms and Conditions at any time, via a link provided at the home page of the Online Shop, download them and print them.

The current Terms and Conditions of the Online Shop are available at: https://swiza.pl/en_US/i/Terms-and-Conditions/31, and they are provided to the Client for free (via electronic means) upon their every request.

9.4.1. The Clients may gain access to the Privacy Policy at any time, via a link provided at the home page of the Online Shop, download them and print them.

The current content of the Privacy Policy of the Online Shop is available at: https://swiza.pl/en_US/i/Terms-and-Conditions/31, and it is provided to the Client for free (via electronic means) upon their every request.

9.4.2. The Clients may gain access to the Cookie Policy at any time, via a link provided at the home page of the Online Shop, download them and print them.

The current content of the Cookie Policy of the Online Shop is available at: https://swiza.pl/en_US/i/Privacy-Policy/32, and it is provided to the Client for free (via electronic means) upon their every request.

9.5.  The content of the concluded Sales Agreement and agreement of Electronic Service is recorded, secured and made available to the Client by way of (1) making the Terms and Conditions available at the pages provided in Point 9.4 and (2) sending e-mails to the Client and – in the case of the Sales Agreement – also (3) attaching purchase certificates to parcels.

9.6. Disputes arising between the Service Provider, Seller and the Client who is also the Consumer are brought before the competent court under the provisions of the Code of Civil Procedure of 17 November 1964 (Journal of Laws No. 43, item 296, as amended). Disputes arising between the Service Provider, Seller and the Client who is not the Consumer are brought before the court of proper venue serving the address of the registered office of the Service Provider or the Seller.

9.7. If agreements for indeterminate term are concluded on the basis of these Terms and Conditions (e.g. provision of Electronic Service – Account), modified Terms and Conditions are binding to the Service Recipient if requirements have been met as per Article 384 and 384[1] of the Civil Code, i.e. the Service Recipient has been duly notified on those modifications and did not terminate the agreement within 14 calendar days from the day of such notification. If a modification to the Terms and Conditions would result in the introduction of any new charges or an increase in the current ones, the Service Recipient being the Consumer has the right to withdraw from the agreement.


10.PRIVACY POLICY AND COOKIE POLICY

10.1. A set of personal data provided to the Seller is reported by the Seller to the Inspector General for Protection of Personal Data.

11. PERSONAL DETA

11.1. The administrator of the personal of the Client obtained via the Online Shop is the following:

Europejskie Centrum Bezpieczeństwa Pracy s.c.; ul. Wyspiańskiego 4; 82-300 Elbląg
Entered in the Business Activity Register kept by the mayor of Elbląg under number 36078 and 19467 and in the Central Registration and Information on Business and registered by the Inspector General for the Protection of Personal Data GIODO .
NIP [Tax Identification Number] 5782982349, REGON [Official National Business Register] 280224120
E-mail address: sklep@swiza.pl
Website address: www.swiza.pl
Phone/fax: (+48) 552368506 (charged as for a standard connection – according to the pricelist of the current operator).

11.2. The personal data of the Client obtained by the Administrator via the Online Shop is obtained for the performance of the Sales Agreement of agreement of Electronic Service concluded with the Client and for the sending of the Newsletter, advertising offer upon prior acquisition of a due basis/consent to processing for that purpose.

11.3. The Client has the right to access to the content of their data and to modify it.

11.4. The provision of personal data by the Client is voluntary. However, if the personal data specified in the Terms and Conditions that is necessary for the conclusion of the Sales Agreement or agreement of Electronic Service is not provided, it will not be possible to conclude the said agreements. The data necessary for the conclusion of the Sales Agreement or agreement of Electronic Service is also indicated each time at the website of the Online Shop.

11.5.  Possible recipients of personal data of the Online Shop Clients: 

11.5.1. In the case of the Client who uses the delivery by mail or courier in the Online Shop, the Administrator provides the obtained personal data of the Client to the selected carrier or the middleman conducting the delivery upon the instruction of the Administrator. 

11.5.2. In the case of the Client who pays with electronic means or with a payment card in the Online Shop, the Administrator provides the obtained personal data of the Client to the selected entity handling the above payments in the Online Shop.

11.6.  The Service Recipient/Client has the right to access the content of their data and to modify it.  The request in this respect may be submitted for instance:

11.6.1. in writing, to the address: ul. Rzeźnicka 12-13/B, 82-300 Elbląg; 

11.6.2. in soft copy form by e-mail at: sklep@swiza.pl


12. CURRENT MODIFICATIONS TO THE TERMS AND CONDITIONS

12.1. Under Directive no. 2011/83/EU on consumer rights, as of 10-2-2014 the content of Points 7.1. and 7.2. is modified – the period of possible resignation by the client from the purchase extends from 10 to 14 calendar days from the moment of service of the parcel and as of the coming of that Directive into force (as of 13 June 2014), the seller will also return the costs of delivery of the parcel to the client if the client resigns of the purchase (the minimum amount – as for a standard delivery, not the method delivery selected by the client, e.g. delivery by courier;

12.2. After sending the purchased goods, the Shop – as part of the performance of the Agreement with the Buyer – is entitled to send so the Buyer's e-mail address an invitation to fill in a poll for obtaining information on their opinion on the made transaction. However, the Buyer is not obliged to fill in such a poll.

13. ELECTRONIC INVOICES

13.1 By accepting the Terms and Conditions, the Client purchasing the offered products consents to the issuance and sending of invoices in the soft copy form by the Seller under the Regulation of the Minister of Finance of 14 July 2014 on the issuance and sending of invoices in the soft form, their storage and making them available to the tax authority or tax control authority (Journal of Laws 2005, No. 133, item 1119) and according to the principles of issuing, sending and storing electronic invoices. Consent to receiving invoices in the soft copy form is equivalent to the resignation from receiving invoices in the hard copy form. 

13.2 The acceptance of the Client does not exclude the right of Scyzporyki.net to issue and send invoices in hard copy form. 

13.3 The Seller issues and sends invoices in soft copy form, guaranteeing their authentic origin and integrity of their content.

14. PROVISIONS REGARDING ENTREPRENEURS

14.1.  This Point of the Terms and Conditions and the provisions included in it apply solely to the Clients and Service Recipients who are not consumers. 

14.2.  The Sellers has the right to withdraw from the Sales Agreement concluded with the Client who is not a consumer within 14 calendar days from the day of its conclusion. In such a case, withdrawal from the Sales Agreement may be carried out out without the need to provide the reason and it is not a cause for any claims whatsoever on the part of the Client towards the Seller. 

14.3.  In the case of the Clients who are no longer Consumers, the Seller has a right to limit the available methods of payment, including requiring a prepayment of the total price or a part thereof, regardless of the method of payment selected by the Client and the fact of conclusion of the Sales Agreement. 

14.4.  The moment the Seller hands the Product over to the carrier, the benefits and encumbrances connected with the Product and the risk of accidental Product loss or damage are transferred to the Client. In such a case, the Seller is not liable for the loss, defect or damage of the Product which occur from the acceptance for carriage until it is handed over to the Client nor is the Seller liable for a delay in the transport of the parcel. 

14.5.  If the Product is sent to the Client by a carrier, the Client who is not a consumer is obliged to inspect the parcel in time and manner accepted for parcels of such sort.  If the Client states that there was a damage or loss of the Product during transport, they are obliged to take any and all actions necessary to determine the liability of the carrier.

14.6.  Under Article 558 § 1 of the Civil Code, the liability of the Supplier for the guarantee for the Product towards the Client who is not a consumer is excluded. 

14.7.  In the case of Service Recipients who are not consumers, the Service Provider may terminate the agreement of Electronic Service with immediate effect and with no need to provide the reasons, by way of sending a due statement to the Service Recipient.

14.8.  The liability of the Service Provider/Seller towards the Service Recipient/Client who is not a consumer, regardless of its legal basis, is limited – both in the case of a single claim and any and all claims collectively – to the amount of the paid price and delivery costs under the Sales Agreement, not more – however – than PLN one thousand. The Service Provider/Seller is liable towards the Service Recipient/Client who is not a consumer only for the typical damage foreseeable at the moment of conclusion of the agreement and is not liable towards the Service Recipient/Client for lost benefits. 

14.9.  Any disputes arising between the Seller/Service Provider and the Client/Service Recipient who is not a consumer will be brought before the court of proper venue serving the address of the registered office of the Seller/Service Provider.