Shop regulations

REGULATIONS OF THE PULCINO ONLINE STORE. SHOP

The Pulcino Online Store cares about consumer rights. The Consumer may not waive the rights granted to him in the Act on Consumer Rights. Provisions of contracts less favorable to the consumer than the provisions of the Act on Consumer Rights are invalid, and in their place the provisions of the Act on Consumer Rights apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights they are entitled to under mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail and shall be applied.

       TABLE OF CONTENTS:

  1.        Preliminary provisions
  2.        Definitions 
  3.        Contact with the Store
  4.        Technical requirements
  5.        General information
  6.        Creating an account in the Store
  7.        Rules for placing an order
  8.        Delivery and payment methods
  9.        Performance of the Sales Agreement
  10.        Right of withdrawal
  11.        Consequences of withdrawal from the Agreement
  12.        Exchange of goods
  13.        Complaint and warranty
  14.        Dispute resolution
  15.        Information about personal data in the online store
  16.        Model withdrawal form

§ 1

Preliminary provisions

  1. PULCINO online store, available at the Internet address www.pulcino.shop, owned  by Anna Rudzka running a business under the name PULCINO ANNA RUDZKA, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for the economy, NIP 8512899930, REGON 321202057  
  2. These regulations are addressed to Consumers and define the rules and procedure for concluding a Distance Sales Agreement with the Consumer via the Store.
  3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is Pulcino Anna Rudzka. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The Privacy Policy contains primarily rules regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the related provision of personal data by the Customer or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller). 

§ 2

Definitions

  1. Consumer - a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to his business or professional activity.
  2. Seller - a natural person conducting business activity under the name PULCINO ANNA RUDZKA, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for the economy, NIP 8512899930, REGON 321202057.
  3. Customer - any entity making purchases through the Store.
  4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing on its own behalf a business activity that uses the Store.
  5. Store - an online store run by the Seller at the Internet address: www.pulcino.shop.
  6. Distance contract - an agreement concluded with the Customer as part of an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
  7. Regulations - these regulations of the Store.
  8. Order - the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller.
  9. Account - the customer's account in the Store, it collects data provided by the Customer and information about the Orders placed by him in the Store.
  10. Registration form - a form available in the Store, allowing you to create an Account.
  11. Order Form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  12. Basket – an element of the Store's software, in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the number of products.
  13. Product - a movable item / service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
  14. Sales Agreement - a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement is also understood as - applying to the characteristics of the Product - a contract for the provision of services and a contract for specific work.
  15. Working day – one day from Monday to Friday excluding public holidays.
  16. Calendar day – one day – from Monday to Sunday 

§ 3

Contact with the Store

  1. Address of the Seller's Registered Office: Mikołaja Reja 5/7, 71-561 Szczecin 
  2. Correspondence address of the seller: Maciejkowa 35/18, 71-784 Szczecin
  3. Seller's e-mail address: kontakt@pulcino.shop
  4. Seller's phone number: 534-743-683
  5. Seller's bank account number : Bank Millenium 40 1160 2202 0000 0005 1826 6816
  6. The Customer may communicate with the Seller using the correspondence address, e-mail address and telephone number provided in this paragraph.
  7. The Customer may communicate by phone with the Seller between 9 a.m. and 4 p.m. on business days.
  8. All correspondence by letter or complaint should be directed by the Customer to the correspondence address, i.e. Maciejkowa 35/18, 71-784 Szczecin

 

§ 4

Technical requirements

 To use the Store, including browsing the Store's assortment and placing orders for Products, you must:

  1. End device with access to the Internet and a web browser
  2. Active e-mail account (e-mail),
  3. Cookies enabled

§ 5

General information

  1. The Seller, to the fullest extent permitted by law, shall not be liable for disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized action of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
  2. Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the implementation of the Order without creating an Account.
  3. The prices given in the Store are given in Polish zlotys and are gross prices (including VAT).
  4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery and postal services), about which the Customer is informed on the Store's website when placing the Order, including at the time of expressing the will to be bound by the Sales Agreement.
  5. If the nature of the subject of the Agreement does not allow, reasonably assessing, for the prior calculation of the final (final) price, information on the manner in which the price will be calculated, as well as on charges for transport, delivery, postal services and other costs, will be given in the Store in the description of the Product.

 

§ 6

Creating an Account in the Store

  1. To create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: name and surname, e-mail address and telephone number. In the case of a Customer who is an entrepreneur, in addition, company data.

2. Creating an Account in the Store is free.

3. Logging in to the Account is done by entering the login and password established in the Registration Form.

4. The Customer has the possibility at any time, without giving a reason and without incurring any fees in this respect, to delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

 

§ 7

Rules for placing an Order

The condition for placing an order in the Store by the Customer is to read the Regulations and accept its provisions at the time of placing the Order.

 In order to place an Order, you must:

  1. Log in to the Store (optional);
  2. Select the Product that is the subject of the Order, and then click the "Add to cart" (or equivalent) button, marking the selected product features. Failure by the Customer to select a given product feature results in the inability to add the product to the cart (the Cart button will not be displayed)
  3. Log in or use the option of placing an Order without registration;
  4. If the possibility of placing an Order without registration has been chosen - fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice data, if they are different from the data of the recipient of the Order,
  5. Click the "Order and pay" button / click the "Order and pay" button and confirm the order by clicking on the link sent in the e-mail,
  6. Choose one of the available payment methods and, depending on the payment method, pay for the order within the specified period

 

§ 8

Offered delivery and payment methods

 1. The Customer may use the following methods of delivery or collection of the ordered Product:

    a. DHL Courier Shipment

    b. InPost courier shipment

    c. Shipment to the InPost parcel locker

2. The Customer may use the following payment methods:

    a. Payment by bank transfer to the Seller's account

    b. Electronic Payments

    c. Payment by credit card

3. Detailed information on delivery methods and accepted payment methods can be found on the Store's website.

 

§ 9

Performance of the sales contract

 

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
  2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending by the Seller to the Customer  an e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statements on receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
  3. If the Customer chooses: payment by bank transfer, electronic payment or payment by payment card, the Customer is obliged to make the payment within 3 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be canceled.
  4. The Product will be sent by the Seller on the date indicated in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer when placing the Order.
  5. In the case of ordering Products with different delivery dates, the delivery date is the longest given date.
  6. The beginning of the period of delivery of the Product to the Customer is counted as follows: if the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
  7. Delivery of the Product takes place in Polish.
  8. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store's website in the "Delivery costs" tab and when placing the Order, including when the Customer expresses the will to be bound by the Sales Agreement.

§ 10

Right of withdrawal

  1. The Consumer may withdraw from the Sales Agreement within 14 calendar days without giving any reason.
  2. The period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person indicated by him other than the carrier.
  3. In the case of an Agreement that covers multiple Products that are delivered separately, in batches or in parts, the period indicated in paragraph 1 runs from the delivery of the last item, batch or part.
  4. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the expiry of this period.
  5. The statement may be sent by e-mail or traditional mail by sending a statement to the Seller's e-mail address or by submitting a statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on the form, the template of which is attached as Annex 1 to these Regulations and an annex to the Act of 30 May 2014 on consumer rights, but it is not mandatory.
  6. In the case of sending the statement by the Consumer electronically, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer confirmation of receipt of the statement of withdrawal from the Agreement.

§ 11

Consequences of withdrawal from the contract

  1. In the event of withdrawal from the Agreement concluded at a distance, the Agreement shall be deemed not to have been concluded.
  2. In the event of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, all payments made by him, including the costs of delivery of the item.
  3. The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer includes a different bank account number in the refund statement.
  4. The Seller may withhold the refund of the payment until the Product is received back.
  5. The Consumer should send the Product back to the Seller's correspondence address, in compliance with § 3 section 8 immediately, no later than 14 days from the date on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends back the Product before the expiry of the 14-day period.
  6. The Consumer bears the direct costs of returning the Product. The Consumer is only responsible for the decrease in the value of the Product resulting from the use of it in a manner other than was necessary to determine the nature, characteristics and functioning of the Product.
  7. If, due to the nature of the Product, it cannot be sent back by ordinary mail, information about this, as well as the cost of returning the Product, will be included in the description of the Product in the Store. 

The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:

  1. In which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs, this applies to personalized products
  2. The subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
  3. In which the subject of the service are things that, after delivery, due to their nature, are inseparably connected with other things,
  4. In which the subject of the service are things bearing traces of use, washed, chemically cleaned, having cut out tags

§ 12

Exchange of goods

The exchange of goods purchased in the Pulcino store always takes place on the basis of re-purchasing the product and returning the previous product according to the return procedure.

§ 13

Complaint and warranty

 The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty) are specified by generally applicable law, in particular in the Civil Code (including Articles 556-576 of the Civil Code). 

1. The Sales Agreement covers new Products.

2. The Store makes every effort to ensure that the offered goods are free from defects and full-fledged. However, if, despite the efforts, the goods have physical or legal defects within the meaning of the provisions of the Civil Code or are inconsistent with the contract, the Customer has the right to submit a Complaint.

3. The complaint should be submitted in writing or electronically to the following address: 

PULCINO

Returns and Complaints Department

Maciejkowa 35/18

71-784 Szczecin, Poland

4. It is recommended to include in the complaint m.in a concise description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer submitting the complaint, and the Customer's request in connection with the defect of the goods.

5. Goods sent back by the Consumer as part of the complaint procedure should be sent to the address provided in § 3 section 8. of these Regulations

The Seller will respond to the complaint request immediately, no later than within 14 calendar days, and if he does not do so within this period, it is considered that the Customer's request was considered justified.

6. In the event of a positive consideration of the complaint, the Online Store will www.pulcino.shop send a full-fledged product (repaired or new) to the Customer within 14 days of receiving the Complaint, and if it turns out to be impossible (e.g. exhausted effort), it will return the full amount to the Customer in the manner indicated by him, e.g. to the bank account number provided by the Customer. If the complaint is not accepted, the goods will be sent back to the Customer together with the justification for the unjustified complaint.

7. In the event that a guarantee has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store.

 

§ 14

Out-of-court complaint and redress procedures

 

1. Detailed information on the possibility for the Consumer  to use out-of-court complaint and redress procedures 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, Provincial Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Protection Competition and Consumers: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; 

http://www.uokik.gov.pl/wazne_adresy.php.

2. The Consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and redress:

a. The Consumer is entitled to apply to the permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.

b. The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on trade inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.

c. The Consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (m.in. Consumer Federation, Association of Polish Consumers).

 

§ 15

Information about personal data in the online store

 

1. The administrator of Customers' personal data collected through the Online Store is Pulcino Anna Rudzka.

2. Customers' personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees to it - also for marketing purposes.

3. The recipients of personal data of the Customers of the Online Store may be:

a. In the case of a Customer who uses the method of delivery by post or courier in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary performing shipments at the request of the Administrator.

b. In the case of a Customer who uses the electronic payment method or a payment card in the Online Store, the Administrator makes the collected personal data available to the selected entity handling the above payments in the Online Store.

4. The Customer has the right to access their data and correct them.

5. Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this contract.

 

§ 16

ATTACHMENTS

Model form of the statement of withdrawal from the contract

FINAL PROVISIONS:

 

1. Contracts concluded through the Online Store are concluded in Polish.

2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: changes in the law, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.

3. In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Act on Consumer Rights, the Act on the Protection of Personal Data.

4. The Customer has the right to use out-of-court methods of dealing with complaints and pursuing claims. To this end, it may lodge a complaint via the EU ODR online platform available at http://ec.europa.eu/consumers/odr/.

Date of entry into force of the Regulations: 25.03.2022.