statute
The purpose of the regulations is to define the rules for using the website and online store at www.amy.com.pl, owned by AMY Spółka z ograniczoną odpowiedzialnością Spółka komandytowa with its registered office in Dąbrowa Górnicza (41-300), ul. Nowocmentarna 9, entered into the Register of Entrepreneurs of the National Court Register by the District Court Katowice-Wschód in Katowice under the KRS number: 0000638852 with NIP numbers: 6292476467 and REGON: 365464550, hereinafter referred to as AMY.
§ 1. DEFINITIONS
- Website – a website operating at amy.com.pl.
- Online Store – a store operating on the Website that allows you to place orders for available Products via the Internet.
- Seller – through the seller, for the purposes of Sales Agreements concluded via the Website, we understand AMY.
- Service Provider – a service provider in the scope of services provided through the Website is understood as AMY.
- Electronic service – a service provided electronically, which means that the performance of the service is provided without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the Customer, sent and received using electronic processing devices, including digital compression, and storage data, which is entirely broadcast, received or transmitted via a telecommunications network within the meaning of the Act of July 16, 2004. – Telecommunications law, through the Website by the Service Provider in accordance with these Regulations.
- Account – an electronic service provided by the Service Provider as part of the Website consisting in providing the User with a set of resources assigned to him, allowing the User to use additional Electronic Services and allowing the User to save and store the User’s address data, data for the User’s invoice, as well as tracking the history of Orders placed. and changes to the given data, Password or Display Name.
- User – a natural person, legal person, organizational unit without legal personality, the law of which grants legal capacity, having full legal capacity, using Electronic Services or making a purchase via the Website. A user is also a person with limited legal capacity, if he has legally effective consent of a statutory representative to conclude a contract for the provision of electronic services in the form of these Regulations or a Sales Agreement, which consent is obliged to present at each request of the Service Provider. At the same time, as a rule, contracts concluded via the Website or the Online Store are contracts commonly concluded in minor everyday matters.
- User name – it is understood as a string of letters, numbers or other characters given by the system when registering the User’s account, which may be used as the user’s identifier to log into the Account.
- Display name – it is understood as a string of letters, numbers or other characters used to identify the User in the account section and to identify the User when providing reviews on the Website.
- Password – a string of letters, numbers or special characters:! “? $% ^ &, used for authorization when accessing the Account, which is randomly generated during registration by the system and sent to the User’s e-mail address provided during registration, and then may be changed by the User as part of the Website’s functionality. The user is obliged to keep the password strictly confidential and not to disclose it to third parties.
- Order – User’s declaration of will submitted via the Order Form and expressing the direct will to conclude a Sales Agreement, submitted using means of distance communication, specifying the Products for which the Customer submits an offer to conclude a Sales Agreement and the User’s data necessary for the conclusion and implementation of the Sales Agreement.
- Order form – a form available via the Website, by means of which the User places an Order, in which he provided his personal data, including at least: name, surname or name, correspondence address and his e-mail address.
- Product – a movable item in the Seller’s offer.
- Product – items manufactured by the Seller. Not all products may be Products available for purchase in the Online Store or Stores.
- Price – the amount of gross remuneration specified in Polish zlotys or in another currency (including tax on goods and services) due to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement. The price does not include delivery costs and other costs, if they are due on the basis of the provisions of the Regulations, unless the terms of the Promotion applied by the Seller provide otherwise.
- Catalog – An electronic service provided by the Service Provider via the Website consisting in making the catalog of the Seller’s Products available in an electronic version. The catalog does not constitute an offer within the meaning of the Civil Code.
- Consumer – a natural person who performs a legal transaction with an entrepreneur not related directly to his business or professional activity.
- Civil Code – the Civil Code Act of April 23, 1964. (Journal of Laws 1964 No. 16, item 93, as amended).
- Cart – an electronic service provided by the Service Provider via the Website, made available to each User, consisting in the possibility of placing an Order for one or more Products, entering discount codes enabling a price reduction on the terms specified in the Promotions, displaying a summary of the Price of individual Products and all Products in total, displaying the estimated cost delivery of Products. The basket collects the offers submitted by the Customer to conclude a Sales Agreement, enabling the submission of more than one offer to conclude a Sales Agreement within one Order.
- Sales contract – a contract for the sale of the Seller to the User of the Products for the payment of the price increased by any additional fees, including shipping costs, the terms of which are specified in particular in these Regulations. The Sales Agreement is concluded between the User and the Seller using means of distance communication on the basis of a correctly submitted Order, after the Seller accepts the Order on the terms set out in these Regulations. The Sales Agreement specifies in particular the Product, its main features, price, shipping costs and other relevant conditions. Each Product is the subject of a separate Sales Agreement.
- Parties – Seller and User.
- Store – a stationary store where the Seller’s Products are available for purchase.
- Consumer Rights Act – the Act of May 30, 2014. on consumer rights (Journal of Laws of 2014, item 827, as amended) or in the event that this legal act is repealed, relevant generally applicable laws replacing it, if any.
- GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC.
- ADO – the administrator of personal data, which is the Seller for the purposes of processing personal data under the Sales Agreement and for the purposes of the Order.
- Business day – one day from Monday to Friday, excluding public holidays.
- Privacy Policy – a set of information available on the Website and the rules for the processing of Users’ data by the Service Provider as part of and in connection with the use of the Website and in connection with the conclusion of the Sales Agreement.
- Promotion – preferential terms of sale via the Online Store, regulated on the terms expressed in the Online Store, proposed by the Seller at a specific time, which the User may use on the terms set out there, in particular by entering the correct code or promotional coupon in the Order Form, consisting in on different than standard amounts, e.g. prices, costs or other delivery terms.
§ 2. Introductory provisions
- Using the Website requires that the end device and the ICT system used by the User meet the technical requirements. The minimum technical requirements that must be met by the User are:
- using a device with access to the Internet and a web browser,
- in order to conclude a Sales Agreement: an active e-mail account and access to e-mail,
- cookies are enabled,
- in certain cases, a keyboard or other pointing device, enabling the correct completion of electronic forms.
- Acceptance of the Regulations is completely voluntary, but necessary to use the Electronic Services provided via the Website in order to place an Order and to conclude a Sales Agreement.
- The information presented in the Online Store is only an invitation to conclude a contract within the meaning of art. 71 of the Civil Code, addressed by the Seller to customers, and not an offer in accordance with the provisions of the Civil Code.
- Contact with the Seller takes place on Business Days from 10:00 to 17:00 via:
- written correspondence addressed to the address of AMY in Dąbrowa Górnicza (41-300), ul. Nowocmentarna 9,
- e-mail correspondence at: amy@amy.com.pl ,
- by phone at: (+48) 32 260 26 26 (connection fee according to the User’s operator’s price list, as for a standard connection),
- The User undertakes not to provide illegal content via the Website. In the event of breaking the ban, the Service Provider will remove such content from the Website, and may also take appropriate legal steps.
§ 3. PROVISION OF ELECTRONIC SERVICES THROUGH THE WEBSITE
- Using the Website, the Service Provider provides the following Electronic Services to the User:
- Account
- Online shop
- Basket
- Enabling viewing of the content posted on the Website pages
- Catalog
- The Account service consists in making available on the Website to the User a set of resources on the Website that allows, when creating or after logging in to the Account, to save, store or change the User’s address data, data for the User’s invoice, as well as after logging in to the Account to track the history of the submitted Orders and changing the Password or Display Name, as well as maintaining the User’s session on the Website.
- In order to use the Account, it is necessary to first create an Account on the Website for a given User, by performing the following actions by the User:
- providing a valid, active e-mail address used by the User in a designated area,
- clicking the “REGISTER” button,
- registration in accordance with point a. and b. Account by the User is tantamount to acceptance of the provisions of the Regulations and the Privacy Policy,
- receiving an e-mail with confirmation of Account creation.
- The e-mail confirming the creation of an Account contains both the first automatically generated Account Password and the first automatically generated Display Name.
- The conclusion of the contract for the provision of the Electronic Account Service takes place when the User receives a message confirming the creation of the Account to the e-mail address provided by the User during registration. Accounts are provided free of charge for an indefinite period. The Customer may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider.
- The first Display Name contains the part of the User’s e-mail address provided during registration, which is preceded by the @ sign, unless a user with that Display Name has already been registered, in which case the appropriate subsequent digit is added.
- For security purposes, the Service Provider recommends changing the first Password to the one created by the User, as well as periodically changing the Password and not disclosing the Password to third parties. The Service Provider is not liable for damages caused by sharing the password with third parties for reasons for which the Service Provider is not responsible.
- It is forbidden to create unlawful display names, in particular offensive or violating someone else’s personal rights or the rights of third parties. The Service Provider may remove this type of content, and at the same time, the Service Provider is not responsible for any damages caused by illegal actions of the User.
- By means of the Electronic Service, the Online Store, the Service Provider enables Users to familiarize themselves with the Products, as well as to conclude Sales Agreements with the Seller using Order Forms.
- The shopping cart electronic service is provided free of charge and is of a one-off nature. The shopping cart service is started when the first Product is added and ends when the Order is placed or when the User resigns from the Order. Depending on the browser settings, the Shopping Cart may remember information about the Products added to it, but it does not guarantee the future availability of these Products.
- Adding a Product to the Cart is not tantamount to making a reservation for this Product or Products.
- The services referred to in § 3 point 1 point a to e are provided by the Service Provider free of charge.
- Using the Catalog service may require the User to install additional plug-ins in the browser used, about which the User is informed by the Website or a web browser.
- The user is obliged in particular to:
- provide only true, current and all necessary data of the User in the forms provided on the Website;
- immediately update the data, including personal data, provided by the User to the Service Provider in connection with the provided Electronic Services or in connection with the conclusion of the Sales Agreement, in particular to the extent that it is necessary for their proper performance;
- use of Electronic Services and functionalities provided by the Service Provider in a way that does not interfere with the functioning of the Service Provider or the Website;
- use the Electronic Services and functionalities provided by the Service Provider in a manner consistent with the provisions of applicable law, the provisions of the Regulations, as well as with the customs and rules of social coexistence adopted in a given area;
- use of Electronic Services and functionalities provided by the Service Provider in a way that is not inconvenient for other Users;
- timely receipt of Products ordered under the concluded Sales Agreement;
- not taking actions such as:
- sending or posting unsolicited commercial information on the Website;
- undertaking IT activities or any other activities aimed at obtaining information not intended for the User, including data of other Users or interference with the principles or technical aspects of the Website’s operation and payment processing;
- unauthorized modification of the content made available via the Website;
§ 4. TERMS AND CONDITIONS OF SALE THROUGH THE INTERNET STORE
- Through the Online Store, the Seller enables Users to purchase Products.
- The main features of the service, taking into account the subject of the service, in particular the Product Price, are listed on the website of each Product as part of the Website, including the method of their maintenance available as downloadable documents.
- In order to conclude a Sales Agreement between the Seller, the User places an Order via the Order Form, as follows:
- The User adds the selected Product (s) to the Cart using the “Add to Cart” button, after selecting the number of items of the Product.
- The Seller may provide additional services as part of the Online Store for the Product added to the Cart, e.g. personalization, which is indicated in the Product description.
- After adding the Product (s) to the Cart, the User places an Order by completing the Order Form. First, the User selects the delivery method from among those available in the Online Store. If the User has chosen the method of delivery by courier, in order to know the shipping costs, the User provides the country, city and postal code of the delivery address and confirms them with the “Update” button. In order to continue shopping, the Customer approves the entered data and selected products with the “Proceed to checkout” button.
- The User who has an Account confirms in the order form that the data necessary to conclude and implement the Sales Agreement is up-to-date. A User who does not have an Account must complete the order form on his own in terms of his data necessary for the conclusion and implementation of the Sales Agreement. In the Order Form, it is necessary for the User to provide the necessary data: name and surname, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product / s, quantity Product (s), place and method of delivery of the Product (s), method of payment. In the case of Customers who are not Consumers who make purchases, it is also necessary to provide the company and tax identification number. Failure to indicate the buyer’s NIP number makes it impossible to issue a VAT invoice later.
- The User selects one of the delivery methods provided by the Seller.
- The User chooses the method of payment of the Price and any other total costs of the Sales Agreement indicated in the order form.
- The user sends the Seller an Order (submits an offer) using the functionality of the Online Store provided for this purpose (button: “Buy and pay”). In the case of a Customer who does not have an Account and has not previously accepted the Regulations, the acceptance of the Regulations is required.
- When placing the Order, until the “Buy and pay” button is pressed, the Customer has the option of correcting the entered data on his own in the “Cart” panel by adding or removing a given item from the Cart. Removal of a given item may automatically remove another item from the Cart due to a direct relationship between the Products.
- Depending on the selected method of payment, the Customer may be redirected to the website of an external payment service provider in order to make the payment.
- The Seller, in response to the Order, sends the Customer an automatic message to the e-mail address provided for this purpose by the Customer confirming receipt of the Order and commencement of its verification.
- The conclusion of the Sales Agreement takes place upon confirmation of the acceptance of the Order by the Seller regarding the Products indicated in the confirmation, unless the Seller immediately informs the User about the impossibility of executing the Order, in accordance with paragraph 6 of this paragraph.
- They have in mind that the Seller is the manufacturer of some of the Products offered, and after accepting the Order, the Seller shall immediately verify the availability of the Product. If the Product is not available or its performance will be extended for technical and organizational reasons, the Seller shall immediately inform the User about it to the e-mail address provided when placing the order or by phone. If it is found that the order cannot be processed, the Seller shall immediately return all services to the User, no later than within 14 days.
- The total value of the Order includes the Price, shipping costs and, if applicable, other costs of additional services ordered by the User. The User is informed about the total price, including taxes, of the Product being the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
- Promotions in force in the Online Store cannot be combined, unless the provisions of a given Promotion expressly provide otherwise.
- The Order processing time from the conclusion of the Sales Agreement is as follows:
- in the case of cash on delivery – from 3 to 10 business days from the date of receipt of the order confirmation
- in the case of payment by bank transfer (prepayment) – from 3 to 10 business days from the date of registration of the payment of the amount due to the store’s account.
- If the customer chooses the method of payment by bank transfer, the order processing time is counted from the date of crediting the Seller’s bank account or settlement account.
§ 5. TERMS OF PAYMENT
- The Seller provides the User with various payment methods under the Sales Agreement.
- Possible current payment methods are specified in the Online Store in the Order Form, before placing the Order by the User. The available payment methods may depend on the method of delivery or the Product selected by the Customer.
- Settlements of transactions with electronic payments and payment cards are carried out according to the User’s choice through authorized payment providers, on the terms and conditions available directly from the payment provider.
- If the Seller does not receive the payment of the User who chose payment in advance, i.e. payment by bank transfer, electronic payment or payment by credit card, the sales contract is not concluded – however, this does not apply to products individualized according to the User’s specifications or to satisfy his individual needs, if the Seller started their production, after prior contact with the User.
- If the User selects the payment on delivery on delivery, the User is obliged to make the payment on delivery. Refusal to collect the Product, despite the appointment of an additional appropriate date, is a condition terminating the Sales Agreement, unless the User has ordered personalized products according to the User’s specification or to satisfy his individual needs.
- In the event of termination of the Sales Agreement in accordance with paragraph 5 in the case of failure to collect the parcel with the Product by the User, the User is obliged to bear the delivery costs and possibly additional fees charged by the deliverer, unless the User has exercised the right to withdraw from the contract in accordance with applicable law or in accordance with § 7 of the Regulations.
- If the User ordered Products individualized according to the User’s specifications or to satisfy his individual needs and chose the method of payment on delivery, and then, despite the appointment of an additional appropriate date by the deliverer, he did not collect the parcel, he is obliged to pay for the ordered Products. § 6 sec. 9 of the Regulations shall apply accordingly.
§ 6. CONDITIONS OF DELIVERY
- Product delivery is available on the territory of the Republic of Poland.
- The delivery of the Product to the User is payable, unless the Sales Agreement provides otherwise.
- The currently available methods and costs of delivery of the Product are indicated to the User each time in the Order Form, after providing the correspondence address, before confirming the placed Order.
- The available delivery methods may depend on the payment method selected by the User or a specific Product.
- The Seller may enable the User to collect Products in person at the Seller’s premises by providing such an option each time in the Order Form.
- The total time of waiting for the User to receive the Product (delivery date) consists of the time of order fulfillment to be shipped by the Seller, indicated in § 4 para. 9 of the Regulations and the time of delivery of the Product by the carrier, usually no longer than 48 hours.
- If the Order is picked up in person, the Seller informs the User about the completion of the Order via e-mail or by phone, using the contact details provided by the User when placing the order.
- If the User has not picked up the order sent via the carrier, and the Order has been paid for and does not contain Products individualized according to the User’s specifications or to satisfy his individual needs, failure to collect it is considered to be a declaration of withdrawal from the Agreement, therefore § 7 of the Regulations shall apply accordingly.
- If the User has not picked up the Order sent via the carrier, and the Order contained products individualized according to the User’s specifications or to satisfy his individual needs, in a situation in which the User who is a Consumer is not entitled to withdraw from the contract in accordance with generally applicable law, the Seller has the right to demand payment Prices and delivery costs, at the same time, if it is necessary to store the Order for a period longer than 14 days, the Seller has the right to charge the Buyer a fee for storing the Order in the amount of PLN 5 gross for each commenced day of storage. Failure to collect the Order, referred to in this paragraph, within 30 days from the date of commencement of storage, entitles the Seller to consider the Order as abandoned and, at its sole discretion, may destroy the Order, at the expense and risk of the User.
§ 7. RIGHT TO WITHDRAW FROM THE CONTRACT
- The consumer has the right to withdraw from it within 14 days without giving any reason and without incurring costs, except for the costs that he is obliged to bear in accordance with the law.
- The right to withdraw from the contract does not apply to the Order for Products manufactured according to the User’s specifications or to satisfy his individual needs.
- Only the User who is a Consumer is entitled to withdraw from the contract.
- The period of withdrawal from the contract begins with the possession of the goods by the Consumer or a third party designated by him other than the carrier, and in the case of a contract which:
- includes many items that are delivered separately, in batches or in parts – from taking possession of the last item, batch or part,
- it consists in regular delivery of items for a specified period of time – from taking possession of the first item.
- The consumer may withdraw from the contract by submitting a declaration of withdrawal to the Seller. The declaration may be submitted on the form, a specimen of which is attached as Appendix 1 to the Regulations, but it is not necessary.
- To meet the deadline for submitting a declaration of withdrawal by the Consumer, it is enough to send the declaration before its expiry:
- In writing, to the address of the Seller’s registered office.
- Electronically, to the email address: amy@amy.com.pl .
- In the event of withdrawal from the contract, the contract is considered void.
- In the event of the Consumer withdrawing from the contract, the Seller shall immediately, not later than within 14 days from the date of receipt of the consumer’s statement on withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the goods, unless the consumer has chosen a delivery method other than the cheapest standard delivery method offered by the Seller, in which case the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
- After withdrawing from the contract, the consumer is obliged to return the item to the Seller to the address of the Seller’s registered office immediately, but no later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry. The consumer is obliged to bear the shipping costs.
- The Seller may withhold the reimbursement of payments received from the Consumer until the item is returned or the Consumer provides proof of its return, depending on which event occurs first.
- If the Consumer exercises the right of withdrawal, the Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him.
- If the Consumer exercises the right of withdrawal, the Consumer is responsible for the reduction in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product. The Consumer’s liability may include, in particular, the inability to introduce the Product for sale as a full-value Product, the costs of re-placing tags and security elements on the Product, as well as the costs of restoring the Product to a state that allows it to be re-sold in the Online Store, including the costs of testing the Product by a specialist and the costs of removing defects found as a result of such examination (to the extent to which these defects result from the consumer’s use of the Product in a way that goes beyond what is necessary to establish its nature, characteristics and functioning).
§ 8. COMPLAINTS
- The Seller’s liability towards the User, if the sold Product has a physical or legal defect (warranty), is determined by the relevant provisions of law, in particular the Civil Code.
- Products presented in the Online Store may be covered by the manufacturer’s or distributor’s warranty. Detailed conditions of the guarantee and its duration are then specified in the guarantee card issued by the guarantor and attached to the Product.
- The Seller is obliged to provide the User with a Product free from defects.
- The complaint may be submitted by the User in writing to the address of the Seller’s seat provided in the Regulations or by e-mail to the address amy@amy.com.pl .
- If the complaint concerns the Product, it is usually advisable to deliver it to the Seller together with the complaint in order to enable the Seller to examine the Product. If the sold product has a defect, the Seller shall be charged the cost of sending the Products for inspection, while as a result of the complaint procedure no defect of the Product is detected, the cost of shipping the goods to the Seller is not refundable, and the User is obliged to bear the cost of collecting the Product from the Seller.
- A complaint may be submitted by the User without any special form, but it would be advisable for the User to describe in the content of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) specification of the proposed method of settling the complaint; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Seller.
- The Seller will respond to the complaint submitted by the User immediately, no later than within 14 days from the date of its receipt. Equivalent to the meeting of the deadline is to send a reply to the User via e-mail or e-mail within this period.
§ 9. EXTRAJUDICIAL SETTLEMENT OF CONSUMER DISPUTES
- Performing the obligation contained in the Regulation of the European Parliament and of the Council (EU) No 524/2013 of May 21, 2013. on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC), we would like to inform you about the platform for out-of-court dispute resolution between entrepreneurs and consumers established by the institutions of the European Union, as part of concluded sales and service contracts (hereinafter: the ODR Platform). Access to the ODR platform is possible via the Internet at: europa.eu/odr, where there is information on out-of-court dispute resolution. Through the ODR Platform, it is possible, in particular, to file a complaint if this method of resolving any disputes is selected. At the same time, we would like to inform you that this method of dispute resolution is voluntary on the basis of applicable regulations, therefore we have the right to refuse to resolve the dispute using the methods indicated in the ODR Platform, which does not exclude the possibility of resolving the arising disputes using other available methods. Please be advised that all your complaints and complaints will be considered after receiving them at the e-mail address: amy@amy.com.pl
- The seller declares that he sees the possibility of out-of-court settlement of consumer disputes within the meaning of the provisions of the Act of 23 September 2016. on out-of-court settlement of consumer disputes (Journal of Laws of 2016, item 1823) only on the basis of agreements made in writing under pain of nullity, agreements in this regard, containing the consent of both the Seller and the User to choose this type of dispute resolution, as well as indicating the selected an authorized entity for this purpose.
- Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Inspection Handlowa and at the following internet addresses of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php and http://www.uokik.gov.pl/wazne_adresy.php .
- The consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
- The consumer is entitled to apply to a permanent amicable consumer court, referred to in art. 37 of the Act of December 15, 2000. on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Sales Agreement concluded with the Seller.
- The consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000. on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Consumer and the Seller.
- The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
§ 10. PROCESSING OF PERSONAL DATA
- The Service Provider is the administrator of Users’ personal data.
- Providing personal data by the User is voluntary, but necessary to create an Account, use certain Electronic Services or conclude a Sales Agreement.
- The Website processes Users’ personal data provided as part of the provision of Electronic Services or provided in the Order Form, in particular: name, surname, correspondence address or e-mail address.
- Users have the right to access their personal data and rectify them, limit their processing, object to data processing, data transfer, and, if their processing is based on consent, to remove them and to withdraw consent, and the right these can be performed by contacting the Service Provider by e-mail at the following address: amy@amy.com.pl or in writing to the address of the Service Provider.
- Users’ personal data provided are processed on the basis of art. 6 sec. 1 points a), b), c) e) and f) and in accordance with the rest of the general data protection regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, GDPR), as well as on the basis of art. 18 of the Act of July 18, 2002 on the provision of electronic services.
- personal data provided by Users will be stored until the claims are time-barred and until the public and legal obligations of the Service Provider expire, i.e. within the time limits resulting from the generally applicable law.
- The recipients of Users’ personal data may be / will be: Polish Post, courier companies, payment operators, courts and offices, companies providing IT support for the Service Provider (including hosting services, cloud data storage services), subcontractors in the field of legal and accounting services.
- The user has the right to lodge a complaint with the supervisory body (the President of the Office for Personal Data Protection), if he considers that the processing of personal data violates the above-mentioned or other relevant provisions of law.
- Users’ personal data will not be transferred to third countries and will not be profiled.
- More broadly, the issue of protection and processing of personal data is regulated under the “Privacy Policy”.
§ 11. FINAL PROVISIONS
- The Service Provider may amend these Regulations in the event of at least one of the following important reasons:
- change of legal provisions regulating the sale of Products or the provision of electronic services by the Service Provider, or issuance of a decision or ruling by a competent authority affecting the content of these Regulations;
- change in the method of providing services caused solely by technical or technological reasons (in particular, updating the technical requirements indicated in these Regulations);
- changing the scope or method of providing services to which the provisions of the Regulations apply, by introducing new, modifying or withdrawing by the Service Provider the existing functionalities or services covered by the Regulations.
- In the event of changes to the Regulations, the Service Provider will provide the text of the Regulations by publishing on the Website and by means of a message sent to the e-mail address provided by the User as part of the use of Electronic Services or the Online Store, which the Parties recognize as introducing information about the change into the measure electronic communication in such a way that the customer can read its content.
- The amendment to the Regulations comes into force after 14 days from the date of sending the information about the change. In the case of Users who have an Account, they have the right to terminate the contract for the provision of Electronic Services within 14 days from the date of notification of the change in the Regulations. The amendment to the Regulations does not affect the Sales Agreements concluded by the User and the Seller before the amendment to the Regulations.
- Agreements concluded by the Service Provider are concluded in Polish.
- The choice of Polish law on the basis of these Regulations does not deprive the Consumer of the protection granted to him on the basis of provisions that cannot be excluded by way of an agreement between the Seller and the Consumer, under the law which, in accordance with the relevant regulations, would be appropriate in the absence of a choice.
- Consolidation, security and disclosure of essential provisions of the concluded contracts takes place by sending an e-mail to the e-mail address provided by the User.
- The Service Provider provides technical and organizational measures appropriate to the degree of threat to the security of the Electronic Services provided. The use of Electronic Services is associated with typical threats related to the transmission of data via the Internet, such as their dissemination, loss or unauthorized access to them.
- Users can access these Regulations at any time at: https://amy.com.pl/regulamin-sklepu-on-line/ and download it and print it out.
- In matters not covered by the Regulations, the provisions of the Civil Code and relevant acts of Polish law, as well as European Union law, in particular the GDPR (Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC).