Terms of service
ONLINE STORE REGULATIONS
- 1 GENERAL PROVISIONS
The www.s4rk.com store operates based on the rules specified in this Regulations. The Regulations define the conditions for concluding and terminating Sales Agreements for the Product, the complaint procedure, as well as the types and scope of services provided electronically by the www.s4rk.com store, the principles of providing these services, and the conditions for concluding and terminating contracts for the provision of services electronically. Each Service Recipient, upon taking actions aimed at using the Electronic Services of the www.s4rk.com store, is obliged to comply with the provisions of this Regulations. In matters not regulated in this Regulations, the provisions of: the Act on the provision of electronic services of July 18, 2002, the Consumer Rights Act of May 30, 2014, the Act on out-of-court resolution of consumer disputes of September 23, 2016, the Civil Code of April 23, 1964, and other relevant provisions of Polish law apply.
- 2 DEFINITIONS INCLUDED IN THE REGULATIONS
REGULATIONS - these store regulations. STORE - an online store of the Service Provider operating at www.s4rk.com ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient through the Store. ORDER FORM – a form available on the www.s4rk.com website allowing the placement of an Order. SELLER, SERVICE PROVIDER – Adam Wojak conducting business activity under the name Adam Wojak engineering entered into the Central Register and Information on Economic Activity kept by the minister competent for economy, registered office and address for service: ul. Popowicka 22/24, 54-237 Wrocław, NIP: 8943197026, REGON: 523401872, email address: contact@s4rk.com, phone number: +48605188880. SERVICE RECIPIENT – a natural person, legal person, or organizational unit without legal personality, which the law grants legal capacity using the Electronic Service. NEWSLETTER – an Electronic Service allowing the Service Recipient to subscribe and receive free information from the Seller regarding Products available in the Store at the email address provided by the Service Recipient. CLIENT – Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller. CONSUMER – a natural person who performs a legal act with an entrepreneur not directly related to their business or professional activity. ENTREPRENEUR - a natural person, legal person, and an organizational unit not being a legal person, to whom the law grants legal capacity, conducting business or professional activity on its own behalf. PRODUCT – a movable item or service available in the Store, which is the subject of a Sales Agreement between the Client and the Seller. SALES AGREEMENT – a Sales Agreement for the Product concluded between the Client and the Seller through the Store. ORDER - the Client's declaration of intent constituting an offer to conclude a Sales Agreement for the Product with the Seller. PRICE – the value expressed in monetary units that the Client is obliged to pay to the Seller for the Product.
- 3 INFORMATION REGARDING PRODUCTS AND THEIR ORDERING
The www.s4rk.com store conducts the sale of Products via the Internet. The Products offered in the Store are new, in accordance with the agreement, and have been legally introduced to the Polish market. The information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Client makes an offer to purchase a specific Product on the terms specified in its description. The price of the Product displayed on the Store's website is in Polish zlotys (PLN) and includes all components, including VAT. The price does not include delivery costs. The price of the Product displayed on the Store's website is binding at the time of placing the Order by the Client. This price will not change regardless of changes in the Store's prices that may occur for individual Products after the Client has placed the Order. The Seller clearly informs the Clients about unit prices, promotions, and price reductions of the Products. Alongside information about the Product's reduction, the Seller highlights the lowest price of that Product, which applied in the 30 days before the reduction, and if the Product is offered for sale for a period shorter than 30 days – the Seller highlights the lowest price of the Product that applied from the start of offering the Product for sale to the date of the reduction. Orders can be placed through the website using the Order Form (www.s4rk.com) – 24 hours a day, all year round. The condition for placing an Order in the Store by the Client is to familiarize themselves with the Regulations and accept its provisions when placing an Order. The Store processes Orders placed from Monday to Friday during the Store's working hours, i.e., from 8 am to 4 pm on business days. Orders placed on business days after 12 pm, on Saturdays, Sundays, and holidays will be considered on the next business day. Products on promotion (sale) have a limited number of pieces, and Orders for them will be processed in the order of their receipt until the stocks of the given Product are exhausted.
- 4 CONCLUSION OF THE SALES AGREEMENT
To conclude a Sales Agreement, it is necessary to submit an Order by the Client using the methods provided by the Seller in accordance with § 3 points 7 and 8 of the Regulations. After placing the Order, the Seller promptly confirms its receipt. Confirmation of the Order's receipt, as mentioned in point 2 of this paragraph, binds the Client to the Order. Confirmation of the Order's receipt occurs by sending an email message. The confirmation of the Order's receipt includes: confirmation of all essential elements of the Order, a withdrawal form, this Regulations containing information about the right to withdraw from the agreement. Upon receiving the email message mentioned in point 4 of this paragraph, the Sales Agreement is concluded between the Client and the Seller. Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product and/or sent by email to the Client's email address provided in the Order Form.
- 5 PAYMENT METHODS
The Seller provides payment through an electronic payment system (Przelewy24.pl, PayPal). In the case of payment through an electronic payment system, the Client makes the payment before commencing the Order's processing. The electronic payment system allows payment by credit card or quick transfer from selected Polish and foreign banks. The Product will be shipped only after it has been paid for.
- 6 COST, TIME, AND METHODS OF PRODUCT DELIVERY
The delivery costs of the Product, covered by the Client, are determined during the Order placement process and depend on the chosen method of payment and the method of delivery of the purchased Product. The delivery time of the Product consists of the time to complete the Products and the time to deliver the Product by the carrier: the time to complete the Products is from 1 to 14 business days from the moment of positive authorization of the transaction by the electronic payment system, delivery of movable Products by the carrier in the territory of Poland takes place within the declared time by the carrier, i.e., from 1 to 3 business days from the moment of dispatch (delivery occurs only on business days, excluding Saturdays, Sundays, and holidays), delivery of Products, as mentioned in point 2.2 of this paragraph, takes place within the period declared by the carrier handling the shipment in the delivery country. Products purchased in the Store are sent via the InPost courier company.
- 7 COMPLAINT DUE TO PRODUCT NON-COMPLIANCE
The basis and scope of the Seller's liability towards the Client being a Consumer or an entity as mentioned in § 10 of the Regulations due to the non-compliance of the Product with the agreement are determined by the Consumer Rights Act of May 30, 2014. The basis and scope of the Seller's liability towards the Client being an Entrepreneur, as mentioned in § 9, due to warranty are determined by the Civil Code of April 23, 1964. The Seller is liable to the Client being a Consumer or an entity as mentioned in § 10 of the Regulations for the non-compliance of the Product with the agreement existing at the time of the Product's delivery and revealed within 2 years from that moment unless the Product's expiry date specified by the Seller or persons acting on his behalf is longer. Notifications of the non-compliance of the Product with the agreement and the submission of the appropriate request can be made by email to: contact@s4rk.com or in writing to the address: Ligota Piękna, Aleja Sosnowa 12A, 55-114. In the above message in written or electronic form, provide as much information and circumstances regarding the subject of the complaint as possible, including the type and date of the occurrence of irregularities and contact details. The provided information will significantly facilitate and expedite the consideration of the complaint by the Seller. Include any proof of purchase. For the assessment of irregularities and non-compliance of the Product with the agreement, the Consumer or the entity as mentioned in § 10 of the Regulations is obliged to make the Product available to the Seller, and the Seller is obliged to accept it at his expense. The Seller will respond to the Client's request immediately, no later than 14 days from the moment of its receipt. In the case of a complaint from a Client being a Consumer or an entity as mentioned in § 10 of the Regulations, failure to consider the complaint within 14 days from its submission is equivalent to its acceptance. A Client being a Consumer or an entity as mentioned in § 10 may demand, in the first place, the replacement or repair of the Product by the Seller. The Client can only demand a price reduction and withdrawal from the agreement in cases specified in the Consumer Rights Act of May 30, 2014 (including when the non-compliance of the goods with the agreement is significant, when the Seller refuses to bring the goods into conformity with the agreement, or when the non-compliance of the goods with the agreement continues, despite the Seller's attempt to bring the goods into conformity with the agreement). In connection with a justified complaint from a Client being a Consumer or an entity as mentioned in § 10 of the Regulations, the Seller will:
- cover the costs of repair or replacement and re-delivery of the Product to the Client,
- reduce the price of the Product (the reduced price must remain in proportion to the price of the product in accordance with the agreement to the product not in accordance with the agreement) and return the value of the reduced price to the Consumer or the entity as mentioned in § 10 no later than 14 days from the receipt of the statement on the price reduction from the Consumer or the entity as mentioned in § 10,
- in the case of withdrawal from the agreement by the Consumer or the entity as mentioned in § 10 – the Seller will refund the price of the Product to him no later than 14 days from the receipt of the returned goods or proof of its return. In the event of withdrawal from the agreement, the Consumer or the entity as mentioned in § 10 is obliged to return the goods to the Seller immediately at the Seller's expense.
- The response to the complaint is provided on paper or another durable medium, e.g., email or SMS.
- 8 RIGHT TO WITHDRAW FROM THE AGREEMENT
Only the Consumer has the right to withdraw from the agreement concluded with the Seller within 14 days without giving any reason. The withdrawal period expires after 14 days from the day on which the Consumer acquires physical possession of the Product or a third party other than the carrier and indicated by the Consumer acquires physical possession of the Product. To exercise the right of withdrawal, the Consumer must inform the Seller of their decision to withdraw from the agreement by an unequivocal statement (for example, a letter sent by post or email). The Consumer can use the withdrawal form template, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for the Consumer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. Effects of withdrawal: If the Consumer withdraws from this agreement, the Seller shall reimburse all payments received from the Consumer, including the costs of delivery (except for the supplementary costs resulting from the Consumer's choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller is informed about the Consumer's decision to withdraw from this agreement. The Seller will carry out such reimbursement using the same means of payment as the Consumer used for the initial transaction unless the Consumer has expressly agreed otherwise; in any event, the Consumer will not incur any fees as a result of such reimbursement. The Seller may withhold reimbursement until the Seller has received the goods back or the Consumer has supplied evidence of having sent back the goods, whichever is the earliest. The Consumer shall send back the goods or hand them over to the Seller without undue delay and in any event not later than 14 days from the day on which the Consumer communicates the withdrawal from this agreement to the Seller. The deadline is met if the Consumer sends back the goods before the period of 14 days has expired. The Consumer will have to bear the direct cost of returning the goods. The Consumer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. The Consumer is not entitled to withdraw from a distance or off-premises agreement in respect of:
- a service, if the Seller has fully performed the service with the Consumer’s express consent, and with the acknowledgment that the Consumer will lose the right to withdraw from the agreement once the service is fully performed,
- a sealed Product which is not suitable for return due to health protection or hygiene reasons and was unsealed after delivery,
- a Product which is, after delivery, according to its nature, inseparably mixed with other items,
- contracts where the Consumer has specifically requested a visit from the Seller for the purpose of carrying out urgent repairs or maintenance; if, during such visit, the Seller provides services other than those specifically requested by the Consumer or goods other than replacement parts necessary for the performance of repairs or maintenance, the right to withdraw from the agreement applies to those additional services or goods.
- 9 PERSONAL DATA AND PRIVACY POLICY
The administrator of personal data provided by the Client is the Seller. Personal data is processed for the purpose of concluding and executing the Sales Agreement, as well as for marketing purposes if the Client agrees. The basis for the processing of personal data is the need to perform the Sales Agreement. Providing personal data by the Client is voluntary but necessary to conclude and execute the Sales Agreement. The Client has the right to access their data and correct them. Detailed information on personal data processing and the privacy policy is available in the Privacy Policy tab on the Store's website.
- 10 FINAL PROVISIONS
In matters not covered by these Regulations, the relevant provisions of Polish law shall apply. Any disputes arising between the Seller and the Client who is a Consumer will be submitted to the competent common court in accordance with the relevant provisions of the Code of Civil Procedure. Any disputes arising between the Seller and the Client who is not a Consumer will be submitted to the court competent for the Seller's seat.
- 11 COMPLAINT PROCEDURE
Any complaints related to the operation of the Online Store should be submitted to the Seller's e-mail address: contact@s4rk.com. In the complaint description, it is recommended to provide the User's data and a brief description of the problem.
The Seller undertakes to consider each complaint within 14 days and inform the User about the result of the investigation.
- 12 FINAL PROVISIONS
The Regulations are available on the Online Store's website, and each User has the opportunity to download, save, and print them.
The Seller reserves the right to amend the Regulations for important reasons, in particular, changes in the law, changes in the methods of payment and delivery - to the extent to which these changes affect the implementation of the provisions of these Regulations.
The User will be informed about any changes to the Regulations by means of an email sent to the address provided during registration or by publishing relevant information on the Online Store's website.
Amendments to the Regulations come into force within 14 days from the date of notification of the User. If the User does not accept the proposed changes, they should notify the Seller about it, which may result in the termination of the agreement with the User.
All disputes arising from the performance of the concluded Sales Agreement will be resolved amicably, and in the event of the lack of an agreement, disputes will be submitted to the competent common court.
- 13 COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
Complaints related to the provision of Electronic Services through the Store can be submitted by the Service Recipient via email to: contact@s4rk.com. In the above email, the Service Recipient should provide as much information and circumstances regarding the subject of the complaint, especially the type and date of the irregularities, as well as contact details. The provided information will significantly facilitate and expedite the consideration of the complaint by the Service Provider. The Service Provider will consider the complaint immediately, no later than within 14 days from the date of submission. The Service Provider's response to the complaint is sent to the Service Recipient's email address provided in the complaint report or in another manner specified by the Service Recipient.
- 14 TERMS OF TERMINATING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
Termination of the agreement for the provision of Electronic Services: The agreement for the provision of continuous and indefinite Electronic Services (Newsletter) may be terminated. The Service Recipient may terminate the agreement with immediate effect and without stating reasons by sending a relevant statement via email to: contact@s4rk.com. The Service Provider may terminate the agreement for the provision of continuous and indefinite Electronic Services if the Service Recipient violates the Regulations, in particular by providing content of an unlawful nature after an ineffective prior request to cease the violations, specifying an appropriate deadline. In such a case, the agreement expires 7 days after the date of the declaration of termination (notice period). Termination leads to the termination of the legal relationship with future effect. The Service Provider and the Service Recipient may terminate the agreement for the provision of Electronic Services at any time by mutual agreement.
- 15 INTELLECTUAL PROPERTY
All content posted on the website at www.s4rk.com is protected by copyright and (subject to § 15 point 3 and elements posted by Service Recipients, used under a license, transfer of property copyright, or fair use) is the property of Adam Wojak conducting business under the name Adam Wojak engineering registered in the Central Register and Information on Economic Activity kept by the minister competent for the economy, registered office and address for delivery: Popowicka 22/24, 54-237 Wrocław, Tax Identification Number (NIP): 8943197026, National Business Registry Number (REGON): 523401872, email address: contact@s4rk.com, phone number: +48605188880. The Service Recipient is fully responsible for any damage caused to the Service Provider as a result of using any content from the www.s4rk.com website without the consent of the Service Provider. Any use by anyone, without the express written consent of the Service Provider, of any elements constituting the content and the www.s4rk.com website content constitutes a violation of the copyright of the Service Provider and results in civil and criminal liability. All trade names, product names, company names, and logos used on the Store's website at www.s4rk.com belong to their owners and are used solely for identification purposes. They may be registered trademarks. All materials, descriptions, and photos presented on the Store's website at www.s4rk.com are used for informational purposes.
- 16 FINAL PROVISIONS