Statute

Regulations of the Online Store - www.invictel.pl

1. General provisions

These Regulations define the general conditions, the method of providing Services electronically and sales conducted via the Online Store www.invictel.pl. The Store is operated by INVICTEL PIKUŁA SPÓŁKA JAWNA with its registered office in Kamyk, at ul. Szkolna 9 Hala A, 42-125 Kamyk, registered by the District Court in Częstochowa, 17th Commercial Division of the National Court Register, KRS 0000940050, NIP 5732932409, REGON 521028498, hereinafter referred to as the Seller.
Contact with the Seller is possible via:
1. e-mail address: biuro@invictel.pl;
2. by phone: +48 698666185;
3. contact form available on the Online Store website.
4. chat available on the store website;
These Regulations are continuously available on the website www.invictel.pl, in a manner enabling their acquisition, reproduction and recording of their content by printing or saving on a medium at any time.
The Seller informs that the use of Services provided electronically may involve a threat on the part of every Internet user, consisting in the possibility of introducing malicious software into the Customer's computer system and obtaining and modifying his data by unauthorized persons. In order to avoid the risk of the above-mentioned threats, the Customer should use appropriate technical measures that will minimize their occurrence, in particular antivirus programs and a firewall.

2. Definitions

The terms used in the Regulations mean:

Working days – days from Monday to Friday, excluding public holidays;
Customer – a natural person who has full legal capacity, a natural person conducting business activity, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who places an Order within the Online Store or uses other Services available in the Online Store;
Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
Account – a part of the Online Store assigned to a given Customer, by means of which the Customer may perform specific actions within the Online Store;
Consumer – a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
Entrepreneur - A Client who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
Regulations – this document;
Goods – a product presented in the Online Store, the description of which is available for each of the presented products;
Sales Agreement – Agreement for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
Services – services provided by the Seller to Customers electronically within the meaning of the provisions of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
Consumer Rights Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, No. 827);
Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
Order – a declaration of will of the Customer, aiming directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.

3. Rules for using the Online Store

The use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
1. a computer or mobile device with Internet access,
2. access to e-mail,
3. Microsoft Edge web browser version 42.x or later, Firefox version 48.0 or later, Chrome version 50 or later, Opera version 50 or later, Safari version 10.x. or later,
4. enabling Cookies and Javascript in your web browser.
Using the Online Store means any action by the Customer that leads to him/her becoming familiar with the content contained in the Store.
The customer is obliged in particular to:
1. not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
2. use the Online Store in a way that does not disrupt its functioning, in particular through the use of specific software or devices,
3. not to take actions such as: sending or placing unsolicited commercial information (spam) within the Online Store,
4. use the Online Store in a way that is not burdensome for other Customers and the Seller,
5. use any content posted on the Online Store only for your own personal use,
6. use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.

4. Services

The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
The service of maintaining an Account in the Online Store is available after registration. Registration takes place by filling out and accepting the registration form, available on one of the pages of the Online Store. The agreement for the provision of the Service consisting in maintaining an Account in the Online Store is concluded for an indefinite period and is terminated when the Customer sends a request to delete the Account.
The Customer may receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter Service). To do this, provide a valid e-mail address or activate the appropriate field in the registration form or Order form. The Customer may withdraw consent to the sending of commercial information at any time. The Newsletter Service Agreement is concluded for an indefinite period and is terminated when the Customer sends a request to remove their e-mail address from the Newsletter subscription or unsubscribes using the link contained in the content of the message sent as part of the Newsletter Service.
The Customer may send a message to the Seller using the contact form. The agreement for the provision of the Service consisting in providing an interactive form enabling Customers to contact the Seller is concluded for a fixed period and is terminated when the Customer sends the message.
The Customer may post individual and subjective statements in the Online Store, relating to, among others, the Goods or the course of the transaction. By adding statements, the Customer declares that he/she has all rights to this content, in particular copyrights, related rights and industrial property rights. The agreement for the provision of the service consisting in posting opinions about Goods in the Online Store is concluded for a fixed period and is terminated at the moment of adding the opinion.
Statements should be written in a transparent and understandable manner, and they may not violate applicable legal regulations, including the rights of third parties – in particular, they may not be defamatory, violate personal rights or constitute an act of unfair competition. The posted statements are distributed on the websites of the Online Store.
By posting a comment, the Customer consents to the free use of this comment and its publication by the Seller, as well as to the adaptation of works within the meaning of the Copyright and Related Rights Act (Journal of Laws 1994 No. 24 item 83).
The Customer may contact the Seller via chat available on the Store website. The Agreement for the provision of the Service consisting in providing an interactive chat enabling Customers to contact the Seller is concluded for a fixed period and is terminated when the Customer closes the chat window or leaves the Online Store website.
The Seller has the right to organize occasional competitions and promotions, the terms of which will be provided on the Store's websites each time. Promotions in the Online Store cannot be combined, unless the Terms and Conditions of a given promotion state otherwise.
If the Customer breaches the provisions of these Regulations, the Seller, after a prior unsuccessful request to cease or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with a notice period of 14 days.

5. Procedure for concluding a Sales Agreement

Information about the Goods provided on the Store's websites, in particular their descriptions, technical and operational parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of Article 71 of the Civil Code.
All Goods available in the Online Store are brand new, compliant with the Agreement and have been legally introduced to the Polish market.
If the Seller uses mechanisms for individual price adjustment based on automated decision-making, he shall provide this information to the Consumer each time he places an Order, taking into account the requirements imposed in this respect by the provisions on personal data protection.
The condition for placing an Order is to have an active e-mail account.
In the event of placing an Order via the Order form available on the website of the Online Store, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods that are the subject of the Order. An offer submitted in electronic form binds the Customer if the Seller sends a confirmation of acceptance of the Order for execution to the e-mail address provided by the Customer, which constitutes the Seller's declaration of acceptance of the Customer's offer and upon its receipt by the Customer, the Sales Agreement is concluded.
Placing an Order in the Online Store by phone, by sending an electronic message or by sending a message via the contact form takes place on the Business Days and at the hours indicated on the website of the Online Store. For this purpose, the Customer should:
1. provide during a telephone conversation, in the content of an e-mail or in the content of a message sent via the contact form addressed to the Seller the name of the Goods from among the Goods available on the Store’s website and their quantity,
2. indicate the delivery method and payment method from among the delivery and payment methods provided on the Store’s website,
3. provide the data required to complete the Order, in particular: name and surname, place of residence and e-mail address.
Information on the total value of the Order referred to in the point above is provided by the Seller each time orally after completing the entire Order or by informing via e-mail together with the information that the conclusion of the Sales Agreement by the Customer entails the obligation to pay for the ordered Goods, at which moment the Sales Agreement is concluded.
In the case of a Customer who is a Consumer, each time an Order is placed by telephone, e-mail or contact form, the Seller shall send the Customer a confirmation of the terms of the placed Order.
The Agreement is concluded when the Customer who is a Consumer sends (in response to the confirmation of the terms of the Order sent by the Seller) an e-mail to the Seller's e-mail address, in which the Customer: accepts the content of the sent Order and consents to its implementation and accepts the content of the Regulations and confirms that he or she has read the instructions on withdrawal from the Agreement.
After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them to the Customer's e-mail address or in writing to the address provided by the Customer.
The sales agreement is concluded in Polish, with content consistent with the Regulations.

6. Delivery

Delivery of Goods is limited to the territory of the Republic of Poland and is carried out to the address indicated by the Customer when placing the Order.
The Customer may choose the following forms of delivery of the ordered Goods:
1. via a courier company;
2. delivered to Parcel Locker;
3. personal collection at the Seller's personal collection point.
On the Store's website, in the description of the Goods, the Seller informs the Customer about the number of Business Days needed to complete the Order and deliver it, as well as the amount of fees for delivering the Goods.
The delivery and execution time of the Order is counted in Business Days in accordance with point VII item 2.
The Seller provides the Customer with proof of purchase.
If different delivery periods are provided for the Goods covered by the Order, the longest of the provided periods shall apply to the entire Order.

7. Prices and payment methods

The prices of the Goods are given in Polish zloty and include all components, including VAT, customs duties and other fees.
The customer can choose the following payment methods:
1. bank transfer to the Seller's bank account (in this case, the execution of the Order will be commenced after the Seller sends the Customer a confirmation of acceptance of the Order, and the shipment will be made immediately after the funds are credited to the Seller's bank account and the Order is completed);
2. cash on personal collection - payment at the Seller's personal collection point (in this case, the Order will be fulfilled immediately after the Seller sends the Customer a confirmation of acceptance of the Order, and the Goods will be issued at the Seller's personal collection point);
3. cash on delivery, payment to the supplier upon delivery (in this case, the execution of the Order and its shipment will commence after the Seller sends the Customer a confirmation of acceptance of the Order and the completion of the Order);
4. electronic payment (in this case, the execution of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order and after the Seller receives information from the settlement agent's system about the payment made by the Customer, and the shipment will be made immediately after the Order is completed).
The Seller shall inform the Customer on the Store's websites about the deadline by which he/she is required to make the payment for the Order. In the event of the Customer's failure to pay within the deadline referred to in the previous sentence, the Seller, after a previous unsuccessful request for payment with an appropriate deadline, may withdraw from the Agreement pursuant to Article 491 of the Civil Code.

8. Right to withdraw from the Agreement

A Customer who is a Consumer may withdraw from the Agreement without giving a reason by submitting an appropriate declaration within 14 days. To meet this deadline, it is sufficient to send the declaration before it expires.
The Customer may formulate the declaration himself or use the declaration template provided by the Seller on the Store's website.
The 14-day period is counted from the date on which the Goods were delivered or, in the case of an Agreement for the provision of Services, from the date of its conclusion.
Upon receipt of the declaration of withdrawal from the Agreement by the Consumer, the Seller will send a confirmation of receipt of the declaration of withdrawal from the Agreement to the Consumer's e-mail address.
The right to withdraw from the Agreement by the Consumer is excluded in the event of:
1. Contracts for the provision of services for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the provision that after the entrepreneur has provided the service, the Consumer will lose the right to withdraw from the contract, and has acknowledged this;
2. A contract in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract expires;
3. A contract under which the subject of the provision is a non-prefabricated Product, manufactured according to the Consumer’s specifications or intended to meet his individual needs;
4. Contract the subject of which is the provision of Goods that spoil quickly or have a short shelf life;
5. A contract under which the subject of the provision is Goods delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
6. A contract under which the subject of the provision are products which after delivery, due to their nature, are inseparably connected with other items;
7. An Agreement under which the subject of the provision are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement and which can only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control;
8. an Agreement in which the Consumer has expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or supplies Goods other than spare parts necessary to perform the repair or maintenance, the Consumer has the right to withdraw from the Agreement in respect of additional services or Goods;
9. A contract for the provision of audio or visual recordings or computer programs supplied in a sealed package, if the package has been opened after delivery; delivery of newspapers, periodicals or magazines, with the exception of a Subscription Agreement;
10. Contract concluded through public auction;
11. Contracts for the provision of services for which the Consumer is obliged to pay a price, in the case of which the Consumer has expressly requested the Seller to come to him for the purpose of carrying out repairs and the service has already been fully performed with the express and prior consent of the Consumer.
12. Contracts for the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of provision of the service;
13. Agreements for the supply of Digital Content, not supplied on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the Consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the provision, the Consumer will lose the right to withdraw from the agreement, and has acknowledged this, and the Seller has provided the Consumer with the confirmation referred to in Article 15 paragraphs 1 and 2 or Article 21 paragraph 1 of the Consumer Rights Act.
Other exceptions to the right to withdraw from the Agreement are indicated in Article 38 paragraph 2 of the Consumer Rights Act.
In the event of withdrawal from the Agreement concluded at a distance, the Agreement is considered not to have been concluded. What the parties have provided is returned in an unchanged state, unless the change was necessary to determine the nature, characteristics and functionality of the Goods. The return should take place immediately, no later than within 14 days. The purchased Goods should be returned to the Seller's address.
The Seller shall promptly, but no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, return to the Consumer all payments made by him, including the costs of delivering the Goods. The Seller shall return the payment using the same method of payment that the Consumer used, unless the Consumer agrees to a different method of return, and this method shall not involve any costs for the Consumer. The Seller may withhold the return of payments received from the Customer until the Goods are received back or the Customer provides proof of sending them back, depending on which event occurs first, unless the Seller has offered to collect the Goods from the Customer himself.
If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
The Customer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.

9. Complaints regarding Goods under warranty

The Seller undertakes to deliver the Goods in accordance with the Agreement.
The Seller is liable for the non-conformity of the Goods with the agreement on the principles specified in the Consumer Rights Act towards the Customer who is a Consumer and the Customer who is a natural person concluding the Agreement directly related to their business activity, when it results from the content of this Agreement that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity. Warranty towards Entrepreneurs is excluded.
Complaints arising from the infringement of the Customer’s rights guaranteed by law or under these Regulations should be sent to INVICTEL PIKUŁA SPÓŁKA JAWNA, ul. Szkolna 9 Hala A, 42-125 Kamyk, e-mail address: serwis@invictel.pl, telephone number +48 503849364.
In order to consider the complaint, the Customer should send or deliver the Goods in question, if possible, attaching proof of purchase. The Goods should be delivered or sent to the address indicated in point 3.
The Seller undertakes to consider each complaint within 14 days of its receipt.
If there are any deficiencies in the complaint, the Seller will request the Customer to supplement it to the extent necessary immediately, but no later than within 7 days from the date of receipt of the request by the Customer.

10. Complaints regarding the provision of services by electronic means

The Customer may submit complaints to the Seller in connection with the operation of the Store and the use of the Services. Complaints may be submitted in writing to the following address: INVICTEL PIKUŁA SPÓŁKA JAWNA, ul. Szkolna 9 Hala A, 42-125 Kamyk, to the e-mail address: serwis@invictel.pl, telephone number +48 503849364.
In the complaint, the Customer should provide his/her name and surname, correspondence address, type and description of the problem.
The Seller undertakes to consider each complaint within 14 days of its receipt. In the event of any deficiencies in the complaint, the Seller will request the Customer to supplement it to the extent necessary within 7 days of the date of receipt of the request by the Customer.

11. Guarantees

Goods may have a manufacturer's and Seller's warranty.
In the case of Goods covered by warranty, information regarding the existence and content of the warranty and the period for which it was granted is each time presented in the description of the Goods on the Store's website.

12. Extrajudicial methods of resolving complaints and pursuing claims

A Customer who is a Consumer has, among others, the following options for using out-of-court methods of handling complaints and pursuing claims:
1. is entitled to refer to the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve the dispute arising from the concluded Sales Agreement;
2. is entitled to request the provincial inspector of the Trade Inspection to initiate mediation proceedings to amicably resolve the dispute between the Customer and the Seller;
3. may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation on the free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porada@dlakonsumentow.pl;
4. submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

13. Protection of personal data

The Seller collects and processes personal data provided by Customers in accordance with applicable law and in accordance with the Privacy Policy available on the Store’s website.

14. Final provisions

All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, internet domain, website of the Online Store, as well as to forms and logos belong to the Seller, and they may be used only in the manner specified in and in accordance with the Regulations.
The provisions contained in these Regulations concerning the Consumer, concerning withdrawal from the contract and complaints, apply to a natural person concluding a contract directly related to their business activity, when it results from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity. The provisions on extrajudicial methods of resolving complaints and pursuing claims do not apply.
The settlement of any disputes arising between the Seller and the Customer who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
The settlement of any disputes arising between the Seller and the Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller's registered office.
In matters not regulated in these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of services by electronic means, the provisions of the Consumer Rights Act and other relevant provisions of Polish law shall apply.
Each Customer will be informed of any changes to these Regulations through information on the main page of the Online Store containing a list of changes and the date of their entry into force. Customers with an Account will be additionally informed of the changes along with their list to the e-mail address provided by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. In the event that the Customer with a Customer Account does not accept the new content of the Regulations, they are obliged to notify the Seller of this fact within 14 days from the date of notification of the change to the Regulations. Notifying the Seller of the lack of acceptance of the new content of the Regulations results in the termination of the Agreement.

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