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Terms and Conditions
Table of Contents:
- Definitions
- General Provisions
- Customer Account
- Orders
- Payment and Price
- Delivery
- Withdrawal from the Contract
- Warranty for Defects
- Personal Data Protection
- Provision of Services by Electronic Means
- Final Provisions
§ 1 Definitions
The terms used in these Terms and Conditions shall have the following meanings:
- Store / Online Store – the online store operated by the Seller, available at https://sklep.zlp.com.pl;
- Seller – Janusz Baran, conducting business activity under the name Zakład Laminatów Poliestrowych Janusz Baran, Stare Sioło 46, 37-630 Oleszyce, NIP: 7931004245, REGON: 650168740, e-mail: sklep@zlp.com.pl;
- Customer – a natural person, legal person, or organisational unit without legal personality, granted legal capacity under the law, purchasing Products via the Online Store;
- Registered Customer – a Customer using the Online Store who has completed Registration and created a Customer Account;
- Registration – a one-time action performed by the Customer within the Online Store, involving completion of a registration form to create a Customer Account;
- Password – a string of letters, digits, or other characters specified by the Customer during Registration in the Online Store, enabling access to the Customer Account and serving to secure it;
- Customer Account – an individual Customer panel available after Registration and login, identified by a login and password, used for purchasing Products via the Online Store and for obtaining information about the Customer's order history;
- Consumer – a natural person purchasing Products in the Online Store for purposes not directly related to their business or professional activity;
- Entrepreneur – a natural person, legal person, or organisational unit without legal personality, purchasing Products in the Online Store as part of their business or professional activity;
- Terms and Conditions – this document, specifying the rights and obligations of the Seller and the Customer, as well as the conditions for placing Orders and purchasing Products and concluding Sales Contracts;
- Business Day – one day from Monday to Friday, excluding public holidays as defined in the Act of 18 January 1951 on Public Holidays;
- Basket – a service provided by the Seller in the Online Store, showing Products added by the Customer to the Order, enabling the placement and modification of the Order, and displaying the current value of the Order;
- Order – the Customer’s declaration of intent, constituting an offer to conclude a Sales Contract submitted to the Seller, made using the functionalities of the Online Store, containing the information necessary to conclude and perform the Sales Contract;
- Product – a movable item available in the Online Store, intended for sale under a Sales Contract concluded between the Seller and the Customer using the Online Store’s functionalities;
- Sales Contract – a sales contract within the meaning of the Civil Code, concerning the sale by the Seller to the Customer of Products covered by the Order, the terms of which are specified in these Terms and Conditions;
- GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
- Payment Operator – an entity providing payment services within the Store for its Customers. The payment operator is the provider of online payment services Przelewy24 – PayPro S.A., ul. Kanclerska 15, 60-327 Poznań.
§ 2 General Provisions
The online store available at https://zlp.com.pl is operated by Janusz Baran, conducting business activity under the name Zakład Laminatów Poliestrowych Janusz Baran, Stare Sioło 46, 37-630 Oleszyce, NIP: 7931004245, REGON: 650168740, e-mail: sklep@zlp.com.pl. These Terms and Conditions define the rights and obligations of Customers and the Seller. The Terms and Conditions are drawn up in Polish and constitute a contractual template within the meaning of the provisions of the Civil Code of 23 April 1964.
To conclude a contract with the Seller, the Customer may, before placing an Order, exercise the right to negotiate the terms of the contract. If the Customer waives the possibility of negotiation, these Terms and Conditions constitute the content of the contract concluded between the parties. The Customer may access these Terms and Conditions at any time at https://sklep.zlp.com.pl/regulamin and may also save them in any format on a chosen data carrier.
Unless explicitly stated otherwise in commercial information, the Products offered in the Online Store are new, free from physical and legal defects, and have been legally placed on the Polish market. This information constitutes the Seller's commitment to deliver Products free from defects to the Customer. These Terms and Conditions are an integral part of all sales contracts concluded by the Seller, including those concluded via Orders placed by e-mail or telephone. Communication between the Customer and the Seller entails costs borne by the Customer, resulting from agreements between the Customer and third parties, for the ability to use certain forms of remote communication. The Seller does not charge any additional fees or payments for the ability to communicate with him. In case of a dispute with the Seller, the Consumer may seek an amicable resolution through:
- approaching a permanent consumer arbitration court,
- mediation,
- contacting the Provincial Inspector of the Trade Inspection,
- contacting the Consumer Federation,
- using the EU online dispute resolution platform available at http://ec.europa.eu/consumers/odr (ODR Platform).
§ 3 Customer Account
To create a Customer Account, the Customer must complete Registration via the form, providing the details specified in the Registration form, in particular an e-mail address, password, address, and contact details. The password provided during login to the Store may consist of letters, numbers, and/or special characters. The password is unique to each Customer. The password may be changed in the Customer Account by providing the e-mail address and a new password. The user login is the Customer's e-mail address provided during registration. Creating a Customer Account is free and voluntary. Registration is not required to place an Order in the Store. The Customer may place an
Order via the Online Store without prior Registration, using the Order form. The Customer undertakes to provide truthful information.
§ 4 Orders
Information about Products presented in the Online Store does not constitute an offer within the meaning of the Civil Code but an invitation to conclude a Sales Contract. Placing an Order constitutes an offer within the meaning of the Civil Code, submitted to the Seller by the Customer. The Customer may place an Order in two ways:
- after prior Registration, via the Customer Account,
- without Registration, via the Order form. To place an Order, the Customer should add the Product they wish to purchase to the Basket. Adding a Product to the Basket does not constitute placing an Order. Products can be freely added to or removed from the Basket. A Customer with a Customer Account, after logging in and finalising the addition of Products to the Basket, is redirected to the order form to select the delivery method and payment method. The Customer is then redirected to the Order summary. Placing the Order is completed by selecting the “Buy and pay” button. A Customer without a Customer Account, after finalising the addition of Products to the Basket, is redirected to the order form to provide the address, billing details, delivery method, and payment method. The Customer is then redirected to the Order summary. Placing the Order is completed by selecting the “Buy and pay” button. Placing an Order requires reading and accepting these Terms and Conditions, confirmed by ticking the relevant box in the Order form. Clicking the “Buy and pay” button means placing an Order with an obligation to pay. Information about the total value of the Order, including the Product price and delivery costs, is provided on the Online Store’s website during the ordering process, including before the Customer confirms and places the Order. These are the total costs payable by the Customer, including applicable taxes and delivery costs. After placing an Order, the Customer will receive an e-mail titled “Order confirmation” sent to the address provided during the Order process or linked to the Customer Account. This message confirms receipt of the Order by the Seller but does not yet constitute acceptance of the Customer's offer or conclusion of the Sales Contract.The Seller will then send an e-mail titled “Order accepted for processing,” including information about acceptance, shipping time, and start of order fulfilment. This message constitutes acceptance of the Customer’s offer. If the Seller informs the Customer of acceptance of the submitted offer, the Sales Contract between the Seller and the Customer is concluded. If the Seller cannot accept the Customer's offer in whole or in part, they will send a message refusing acceptance and cancelling the Order in whole or in part. In the scope in which the Order is cancelled, the Sales Contract is not concluded. In the event of refusal and cancellation, the Seller will promptly refund payments made by the Customer for the cancelled Order, in whole or in part, depending on the extent of cancellation. If the Seller partially cancels the Order, the Customer has the right to cancel the entire Order, without prejudice to their right of withdrawal from the contract. Along with the order confirmation, the Seller will send the Customer PDF attachments containing these Terms and Conditions, notice of the right of withdrawal from the contract, a template withdrawal form, and a complaint form template.
§ 5 Payment and Price
The Customer may pay for the Product ordered via the following methods:
- by bank transfer or deposit to the Seller's bank account,
- in cash (cash on delivery) upon delivery of the Product,
- online payment or card payment via the Payment Operator,
- payment upon personal collection.
The prices listed on the Online Store's website are gross prices in Polish zlotys. The Product price before adding it to the Basket does not include shipping costs.
§ 6 Delivery
The Customer selects the type of delivery from those available on the Online Store's website. Delivery is made to the address indicated by the Customer in the Order. Deliveries are made on Business Days. The costs of delivering the Product, which are borne by the Customer in addition to the Product price, are provided on the Online Store's website during the ordering process. At the time of delivery of the Product, the benefits and burdens associated with the item, as well as the risk of its accidental loss or damage, pass to the Buyer. For an Entrepreneur, delivery of the Product is deemed to occur when the Seller entrusts it to a carrier or forwarding agent. For a Consumer, delivery is deemed to occur when the Customer receives it from the carrier or forwarding agent. A Customer who is an Entrepreneur is obliged to check the condition of the Product after delivery of the shipment and in the presence of the representative of the carrier or forwarding agent. In the event of any damage to the shipment, the Entrepreneur is obliged to draw up an appropriate protocol. It is recommended that a Customer who is a Consumer, if possible, check the Product after delivery of the shipment and in the presence of the representative of the carrier or forwarding agent. In the event of any damage to the shipment, it is also recommended that the Consumer draw up an appropriate protocol and promptly contact the Seller. For Orders placed by persons who are not Consumers, if the Seller cannot perform the contract because the ordered Product is unavailable, the Seller has the right to withdraw from the contract within thirty days of concluding the Sales Contract.
§ 7 Withdrawal from the Contract
A Customer who is a Consumer and who has concluded a distance contract via the Online Store may withdraw from it within 14 days without stating a reason. The right of withdrawal does not apply to the Consumer in the cases referred to in Article 38 of the Act of 30 May 2014 on Consumer Rights. The withdrawal period starts from the day the Customer takes possession of the Product or when a third party, other than the carrier and indicated by the Customer, takes possession of the Product. To meet the withdrawal deadline, it is sufficient to send a statement of withdrawal before the withdrawal period expires. A Customer entitled to withdraw from the Sales Contract may exercise this right by sending a completed and signed withdrawal statement to: Zakład Laminatów Poliestrowych Janusz Baran, Stare Sioło 46, 37-630 Oleszyce, or by e-mail to: sklep@zlp.com.pl. When exercising the right of withdrawal, the Customer may use the withdrawal form available on the Online Store's website, which was also sent to the Customer as an attachment along with the order confirmation. However, this is not obligatory. In the event of withdrawal, the contract is considered not concluded. In the case of withdrawal, the Customer must return the purchased Product without undue delay, but no later than 14 days from the day of withdrawal from the contract. The deadline is met if the Product is sent back before the period expires, to: Zakład Laminatów Poliestrowych Janusz Baran, Stare Sioło 46, 37-630 Oleszyce. The costs of returning (sending back) the Product are borne by the Customer. The Seller shall promptly, but no later than 14 days from receiving the Customer's statement of withdrawal, refund all payments made by the Customer, including delivery costs, except for additional costs resulting from the Customer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller. The Seller shall make the refund using the same payment method used by the Customer, unless the Customer indicated a different refund method in the withdrawal statement that does not incur any costs for them. The Seller may withhold the refund until they have received the Product back or the Customer has provided proof of returning it, whichever occurs first.
§ 8 Warranty for Defects
A Customer who is an Entrepreneur is not entitled to rights under the warranty for defects in the sold item. For a Customer who is a Consumer, the Seller is liable for physical or legal defects in the sold item under the rules specified in Articles 556 and subsequent of the Civil Code. A complaint may be submitted by a Customer who is a Consumer in writing to: Zakład Laminatów Poliestrowych Janusz Baran, Stare Sioło 46, 37-630 Oleszyce, or by e-mail to: sklep@zlp.com.pl. When submitting a complaint, the Customer may use the complaint form available on the Online Store's website, but this is not obligatory. If a complaint is submitted without using the complaint form, it is recommended to include at least:
- name, surname, company, NIP, correspondence address, and contact details;
- information on the date of conclusion of the contract along with confirmation;
- information and circumstances regarding the subject of the complaint, in particular the type and date of the defect;
- the request regarding how the complaint should be handled.
The Seller will respond to the Customer's complaint promptly, no later than 14 days from the date of its submission. Failure to respond within this period means that the Seller has accepted the complaint as justified. If a complaint is not accepted, the Customer will also be informed whether the Seller agrees or does not agree to an out-of-court resolution of the dispute. If the Seller agrees, they will indicate the appropriate body for alternative dispute resolution.
§ 9 Personal Data Protection
Detailed information on the processing of Customers' personal data is set out in the "Privacy Policy," available at https://sklep.zlp.com.pl/polityka-prywatnosci, which forms an integral part of these Terms and Conditions.
§ 10 Provision of Services by Electronic Means
The Seller provides the following electronic services via the Online Store:
- creating and maintaining a Customer Account in the Online Store;
- enabling the placement of an Order and conclusion of a Sales Contract;
- enabling the use of the Basket;
- Newsletter;
- making available data and materials contained in the Online Store, in particular information about Products;
- enabling messages to be sent via the contact form available in the Online Store.
Technical requirements necessary to work with the Seller's ICT system through which the electronic services are provided:
- a PC-class computer or other device enabling the use of the Store;
- Internet access;
- access to e-mail;
- appropriate software in the form of a web browser.
The Customer is prohibited from providing unlawful content.
The contract for the provision of electronic services is concluded when the Customer creates a Customer Account, subscribes to the Newsletter, or starts using a specific Online Store functionality that enables the use of a given electronic service.
The contract for the provision of electronic services involving the creation and maintenance of a Customer Account, as well as the provision of the Newsletter service, is concluded for an indefinite period. For other electronic services provided via the Online Store, the contract is concluded for an indefinite period and is terminated when the Customer stops using the given electronic service, without the need to submit additional statements.
The Buyer may terminate the contracts referred to in sections 4 and 5 at any time and without giving a reason by sending an appropriate statement by e-mail to:
sklep@zlp.com.pl or in writing to: Zakład Laminatów Poliestrowych Janusz Baran, Stare Sioło 46, 37-630 Oleszyce.
The Customer may submit a complaint regarding electronic services provided by the Seller by e-mail to: sklep@zlp.com.pl or in writing to: Zakład Laminatów Poliestrowych Janusz Baran, Stare Sioło 46, 37-630 Oleszyce.
The Seller will process the complaint regarding electronic services within no more than 30 days from the date of receipt, informing the Buyer promptly of the outcome.
§ 11 Final Provisions
Customers may access these Terms and Conditions at any time via the link on the Online Store’s website. The Terms and Conditions may be recorded, obtained, and reproduced by printing them or saving them on an appropriate data carrier. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of Consumers granted to them under mandatory provisions of law, in particular the Act of 30 May 2014 on Consumer Rights. In the event of any unintended inconsistency between the Terms and Conditions and such provisions, those provisions shall prevail and be applied by the Seller. If any provision of these Terms and Conditions is found to be unlawful, invalid, or otherwise unenforceable to the extent provided by law, it shall be excluded to that extent. The remainder of the Terms and Conditions shall remain in force. The Seller may amend the provisions of the Terms and Conditions after prior notification to Customers by publishing a consolidated text of the Terms and Conditions on the Online Store’s website. Amendments or the new wording of the Terms and Conditions enter into force 14 days after posting the new wording on the Online Store’s website. Orders placed during the validity of the previous version of the Terms and Conditions will be fulfilled according to its provisions. All graphic elements of the Online Store, the technical solutions used in it, content elements, as well as the manner in which graphic elements and content are presented (layout), as well as software, databases, and other materials placed within the Online Store, are the subject of the Seller’s copyright and are protected in accordance with the provisions of the Act of 4 February 1994 on Copyright and Related Rights. For the purpose of using the Online Store, the Seller grants Customers a non-exclusive, non-transferable, non-assignable licence, granted for the duration of the use of the Online Store, to use the Online Store. Under the granted Licence, the User is entitled only to temporarily reproduce the Online Store by displaying it in a web browser and to save temporary files in order to use the available functionalities in a manner consistent with these Terms and Conditions. These Terms and Conditions are governed by Polish law and subject to the jurisdiction of Polish courts. Any disputes arising between the Seller and a Customer who is a Consumer will be resolved by the competent common court in accordance with the provisions of the Code of Civil Procedure. Any disputes arising between the Seller and a Customer who is not a Consumer will be resolved by the competent common court having jurisdiction over the Seller's registered office.














