Terms and Conditions

§ 1

Introductory provisions

1. The online store “ABI-goods”, available at the internet address https://abi-goods.eu/ is run by the company “ABI Arsen Bandarenka”, entered into the Central Register and Information on Economic Activity (CEIDG) run by the minister responsible for the economy, NIP 5223299895, REGON 528766584.
2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules of using the online Store and the rules and procedure for concluding Sales Agreements with the Customer remotely via the Store.

§ 2

Definitions

1. Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
2. Seller – a natural person conducting business activity under the company name “ABI Arsen Bandarenka”, entered into the Central Register and Information on Business Activity (CEIDG) kept by the minister responsible for the economy, NIP 5223299895, REGON 528766584
3. Customer – any entity making purchases through the Store.
4. Entrepreneur – a natural person or organization, conducting business activity on its own behalf, which uses the Store.
5. Store – an online store run by the Seller at the Internet address https://abi-goods.eu/
6. Distance contract – a contract 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 until the conclusion of the contract inclusive.
7. Regulations – these regulations of the Store.
8. Order – a declaration of will of the Customer submitted using the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products 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, enabling the creation of an Account.
11. Order Form – an interactive form available in the Store, enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. Cart – 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 quantity 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 entered into between the Customer and the Seller via the Online Store. The Sales Agreement shall also be understood as – in relation to the features of the Product – a service agreement and a contract for specific work.

§ 3

Contact with the Store

1. Seller’s address: Lazurowa 6A 01-315 Warsaw
2. Seller’s e-mail address: admin@abi-goods.eu
3. Seller’s telephone number: +48 731267173
4. Seller’s bank account numbers: Pekao PL44124010531978001149981050,
   mBank PL65 1140 2004 0000 3312 2398 5980
5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
6. The Customer may communicate with the Seller by telephone during the hours 08:00-16:00

§ 4

Technical requirements

To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are required:
a. a device with access to the Internet and a web browser of the type Chrome
b. an active e-mail account,
c. enabled cookie support,
d. FlashPlayer installed.

§ 5

General information

1. The Seller shall not be liable to the fullest extent permitted by law for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions by 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. The Customer may place orders for Products in the Store’s assortment 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 Order to be completed without creating an Account.
3. The prices given in the Store are given in EUR and are gross prices (include VAT 23%).
4. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal services), about which the Customer is informed on the Store’s pages when placing the Order, including at the time of expressing the will to be bound by the Sales Agreement.
   In the case of deliveries outside Poland, the delivery cost will be calculated individually and the Customer will be informed about it by e-mail.
5. In the case of an Agreement covering a subscription or provision of services for an indefinite period, the final price is the total price covering all payments for the billing period.
6. When the nature of the subject of the Agreement does not allow, judging reasonably, for the prior calculation of the final price, information on the method of calculating the price, as well as on transport, delivery, postal services and other costs, will be provided in the Store in the Product description.

§ 6

Establishing an Account in the Store

1. To establish an Account in the Store, you must fill out the Registration Form.
2. Establishing an Account in the Store is free of charge.
3. Logging in to the Account is done by entering the login and password set in the Registration Form.
4. The Customer may at any time, without giving a reason and without incurring any fees, 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

Principles of placing an 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” button (or equivalent);
3. log in or use the option of placing an Order without registration;
4. if the option of placing an Order without registration was selected – fill out the Order Form by entering the details 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 details, if different from the details 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. select one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 8 point 3.

§ 8

Offered delivery and payment methods

1. The Customer may use the following methods of delivery or collection of the ordered Product:
   a. Postal delivery, postal delivery with cash on delivery,
   b. Courier delivery, courier delivery with cash on delivery,
   c. Personal collection available at the address: Lazurowa 6A 01-315 Warsaw
2. The Customer may use the following payment methods:
   a. Cash on delivery
   b. Payment by bank transfer to the Seller’s account
   c. Electronic payments
   d. Payment by payment card.
3. Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.

§ 9

Execution of the sales agreement

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 simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending the Customer an appropriate e-mail message to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declarations about receiving the Order and its acceptance for execution and confirmation of concluding the Sales Agreement. After the Customer receives the above-mentioned e-mail message, a Purchase and Sale Agreement is concluded between the Client and the Seller..
3. If the Customer chooses:

a. payment by bank transfer, electronic payment or payment by payment card, the Customer is obliged to make the payment within 5 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be canceled.
b. payment on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
c. cash payment upon personal collection of the shipment, the Customer is obliged to make the payment upon collection of the shipment.

4. If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
5. In the case of ordering Products with different delivery times, the delivery date is the longest given date.
6. The beginning of the delivery period of the Product to the Customer is counted as follows:
   a. In the case of the Customer choosing the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
   b. In the case of the Customer choosing the method of payment on delivery – from the date of conclusion of the Sales Agreement,

7. In the case of the Customer choosing personal collection of the Product, the Product will be ready for collection by the Customer within the time specified in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer’s e-mail address provided when placing the Order.
8. In the case of ordering Products with different readiness for collection dates, the readiness for collection date is the longest given date.
9. The beginning of the period of readiness for collection by the Customer of the Product is counted as follows:
   a. In the case of the Customer choosing the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account. b. In the case of the Customer choosing the method of cash upon personal collection – from the date of conclusion of the Sales Agreement.

10. Delivery of the Product is carried out to all countries of the European Union and some other countries if it is possible. About the possibility of delivery to your country you can ask by e-mail.
11. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The delivery costs of the Product (including transport, delivery and postal fees) are indicated to the Customer on the Online Store website in the “Delivery Costs” tab and during the Order placement, including when the Customer expresses their will to be bound by the Sales Agreement.
12. Personal collection of the Product by the Customer is free of charge.

§ 10

Right to withdraw from the Sales Agreement

1. The Consumer may withdraw from the Sales Agreement within 14 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 covering many Products that are delivered separately, in batches or in parts, the period specified in paragraph 1 begins with the delivery of the last item, batch or part.
4. In the case of an Agreement that involves the regular delivery of Products for a specified period (subscription), the period specified in paragraph 1 begins with the taking possession of the first item.
5. The Consumer may withdraw from the Agreement by submitting a declaration 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 the declaration before the expiry of this period.
6. The declaration may be sent by traditional mail or electronically by sending the declaration to the Seller’s e-mail address or by submitting the declaration on the Seller’s website – the Seller’s contact details are specified in § 3.
7. In the event of sending the declaration by the Consumer electronically, the Seller shall immediately send the Consumer a confirmation of receipt of the declaration of withdrawal from the Agreement to the e-mail address provided by the Consumer.
8. Effects of withdrawal from the Agreement:
   a. In the event of withdrawal from the Agreement concluded remotely, the Agreement shall be deemed not to have been concluded.
   b. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, with the exception of additional costs resulting from the Consumer’s choice of a delivery method other than the cheapest standard delivery method offered by the Seller.
   c. The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not involve any costs for him.
   d. The Seller may withhold the refund until the Product is received back or until proof of its return is provided to him, depending on which event occurs first.
   e. The Consumer should return the Product to the Seller’s address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller of the withdrawal from the Agreement. The deadline will be met if the Consumer returns the Product before the expiry of the 14-day period.
   f. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by post in the ordinary course.
   g. The Consumer is only liable for the reduction in the value of the Product resulting from its use in a manner other than necessary to determine the nature, characteristics and functioning of the Product.
9. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as about the costs of returning the Product, will be included in the Product description in the Store.
10. The right to withdraw from a distance contract does not apply to the Consumer in relation to the Agreement:
    a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or intended to meet their individual needs,
    b. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
    c. in which the subject of the service is an item that spoils quickly or has a short shelf life,
    d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has performed the service, he will lose the right to withdraw from the Agreement,
    e. where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the period for withdrawal from the Agreement,
    f. where the subject of the provision are items that, due to their nature, are inseparably connected with other things,
    g. where the subject of the provision are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales agreement, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control,
    h. where the subject of the provision are audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,
    i. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
    j. for the delivery of digital content that is not recorded on a tangible medium, if the performance of the provision began with the express consent of the Consumer before the expiry of the period for withdrawal from the agreement and after the Seller informed him of the loss of the right to withdraw from the Agreement,

§ 11

Complaints and warranty

1. The Sales Agreement covers new Products.
2. The Seller is obliged to deliver a defect-free item to the Customer.
3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under warranty.
4. Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Regulations.
5. It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer’s request in connection with the defect of the goods.
6. The Seller will respond to the complaint request immediately, and if the Customer is a Consumer – no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, it is considered that the Customer’s request was considered justified
7. Goods returned under the complaint procedure should be sent to the address provided in § 3 of these Regulations.
8. If 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.

§ 12

Extrajudicial methods of handling complaints and pursuing claims

1. Detailed information on the possibility of using extrajudicial methods of handling complaints and pursuing claims by the Consumer and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The Consumer has the following exemplary possibilities of using extrajudicial methods of handling complaints and pursuing claims:
   a. The Consumer is entitled to refer to a permanent consumer arbitration court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve the dispute arising from the Agreement concluded with the Seller.
   b. The Consumer is entitled to contact the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of 15 December 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.
   c. The consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, the Association of Polish Consumers).

§ 13

Personal data in the Online Store

1. The Seller is the administrator of the personal data of Customers collected via the Online Store.
2. The personal data of Customers collected by the administrator via the Online Store are collected for the purpose of implementing the Sales Agreement, and if the Customer consents to this – also for marketing purposes.
3. The recipients of the personal data of Customers of the Online Store may be:

4. The Customer has the right to access the content of their data and correct it.
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 said agreement.

§ 14

Final provisions

1. Agreements 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 legal regulations, 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 of any change at least 7 days in advance.
3. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of services by electronic means; 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 handling complaints and pursuing claims. For this purpose, they may file a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.