Regulations cz

I. Definitions

These Regulations define the general conditions for using the Store and concluding the Agreement
The sale of the Goods offered by the Seller and also specifies the complaint procedures applicable at the Seller’s.

Seller – Solmix Sp. z o.o. with headquarters in Radom at Cedzyna 44B/53, 25-900 Cedzyna NIP: 9482622040, REGON: 385927520, KRS: 0000838016, e-mail address: zamowienia@solmix.pl

• Price – the amount of gross remuneration (including tax) specified in Polish zlotys or in another currency due to the Seller for the transfer of ownership of the Goods to the Customer in accordance with the Sales Agreement;

Password – a string of alphanumeric characters, necessary for authorization when accessing the Account, which is specified by the Customer when creating the Account. The Customer is obliged to keep the Password strictly confidential (not to disclose it to any third parties). The password can be changed in the Account settings. The Seller may provide the Customer with the so-called recover a forgotten Password
in the manner specified in the Store;

• Client – a natural person, a natural person running a business or a legal person or another organizational unit without legal personality, operating through an authorized person with full legal capacity;
• Consumer – a customer who is a natural person who performs a legal transaction with the entrepreneur not related directly to its business or professional activity;
• Customer with the rights of a consumer – a natural person running a sole proprietorship subject to entry in the Central Register and Information on Economic Activity, making a transaction directly related to its business activity, when the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of economic activity performed by it, made available on the basis of the provisions on the Central Register and Information on Economic Activity; Whenever these regulations refer to rights reserved for the Customer who is a Consumer, the same rights for the Customer as a consumer should also be understood in this respect.
• Customer Account / Account – space made available to the Customer as part of the Store, allowing the Customer to use additional functionalities / services. The Customer gains access to the Customer Account using the Login and Password. The customer logs in to his Account after registering on the Store’s website. The Customer Account allows you to save and store information about the Customer’s address data for the shipment of the Goods, track the status of the Order, access the Order history;
• Cart – a service made available to every Customer and every user of the Store who uses the website, consisting in enabling him to easily purchase one or more Goods, displaying a summary of the purchase price of individual Goods and all Goods in total (including shipping costs, if applicable), remembering the added Goods to shopping cart.
• Trade credit – an individual amount limit specified by the Seller, up to which the Customer may make transactions. The rules for granting a trade credit are also agreed individually with the customer.
• Login – the Customer’s e-mail address provided as part of the Store when creating the Account. Each creation / change of the Login requires confirmation of the Customer’s e-mail address by clicking the Customer’s activation link sent by the Seller to the e-mail address provided by the Customer;

Newsletter – the Seller’s service consisting in sending customers for their express
and uninterrupted consent, free periodic information about the Store’s offer, to the e-mail address provided by the Customer;

• Payment – an activity consisting in paying, in the manner specified in these Regulations, the remuneration due to the Seller for the performance of the Sales Agreement, constituting the Price or the sum of the Prices of individual Goods covered by the Order and delivery costs, less any discounts and rebates,
• Privacy Policy – privacy policy available at: https://solmix.pl/polityka-prywatnosci/ The Privacy Policy sets out the rules for the processing of personal data collected via the Website.
• Regulations – this document specifying the rules for concluding Sales Agreements and the rules for the provision and use of services offered by the Seller via the Store for the benefit of customers. The Regulations define the rights and obligations of the Customer and the Seller. In terms of services provided electronically, these Regulations are the regulations referred to in Art. 8 of the Act of July 18, 2002 on the provision of electronic services, as amended d. (i.e. Journal of Laws of 2016, item 1.);
• Store – a platform for the sale of Goods and the provision of services offered by the Seller, run by the Seller, available via the URL: https://www.solmix.pl
• Parties – the Customer and the Seller;
• Goods / Goods – the item / items sold by the Seller via the Store to the Customer for the payment of the Price. The goods may be standard or made to order, depending on the current assortment presented in the Store;

Content / Content – text, graphic or multimedia elements (e.g. information about the Goods, photos of the Goods, promotional videos, descriptions, comments), including works within the meaning of the Act of February 4, 1994 on copyright and related rights and images of natural persons with later d. (i.e. Journal of Laws of 2016, item 666), which are posted
and disseminated as part of the Store by the Seller, contractors of the Seller, the Customer or another person using the Store, respectively;

• Sales Agreement / Agreement – a sales agreement within the meaning of the provisions of the Act of 23 April 1964 Civil Code, as amended d. (i.e. Journal of Laws of 2016, item 380), regarding the sale by the Seller to the Customer of Goods 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, concluded between the Customer and The Seller in the manner specified in these Regulations, i.e. it is in particular concluded using means of distance communication. The Sales Agreement specifies in particular the Goods, its main features, Price, shipping costs and other relevant conditions;
• Order – a form made available as part of the Store, specifying the Goods that the Customer intends to buy and the Customer’s data necessary for the conclusion and performance of the Agreement. The order sent to the Seller constitutes the Customer’s offer, i.e. the Customer’s declaration of will expressing the direct will to conclude a Distance Sale Agreement via the Store;

II. General rules for using the store

1. Acceptance of the Regulations is necessary to create a Customer Account and / or
   in order for the Customer to place an order for the purchase of Goods.

2. The Seller informs that the use of the Store via a web browser,
   including placing an Order, as well as establishing a telephone connection with the Seller, may be associated with the need to incur costs of connecting to the Internet (data transmission fee) or telephone connection costs, in accordance with the tariff package of the service provider used by the Customer.

3.The Seller may entrust subcontractors with the performance of individual duties or the ongoing operation of the Store. This does not affect the scope and quality of services, the Seller is also in any case a party to the Service Agreement.

4. The information presented on the Store’s website is only an invitation to conclude a contract
   within the meaning of Art. 71 of the Civil Code, addressed by the Seller to the Customers, and not an offer
   in accordance with the provisions of the Civil Code.

III. Conclusion of a contract for the provision of services

The Seller provides the following services through the Store free of charge to customers:

1. sharing the Customer Account;
2. enabling Customers to place Orders and conclude Sales Agreements also without the need to create a Customer Account;
3. presenting customers with advertising content tailored to their interests;
4. enabling customers to use the Cart’s services;
5. enabling viewing of the Content posted by the Seller as part of the Store;
6. sending the newsletter;

2. As part of the Store, the Seller undertakes to provide the services referred to in paragraph 1 above, to the extent and under the conditions set out in these Regulations

3. The Agreement for the Provision of Services is concluded upon the cumulative fulfillment of the following conditions: (i) effective completion and acceptance by the Customer (sending the Seller) of the registration form to create a Customer Account and (ii) accepting the Regulations or placing an order without registering a Customer Account. The contract for the provision of electronic services is concluded for an indefinite period. Creating an Account is not required to make a purchase in the Store. The creation and use of the Account is voluntary and free within the scope of the services provided by the Store.

4. The customer is obliged in particular to:

1. provide only real, current and all necessary customer data in the Order and in the registration forms when creating the Customer Account;

2.updating data, including personal data, provided by the Seller’s Customer
in connection with the conclusion of the Service Provision Agreement or the Sales Agreement,
in particular to the extent that it is necessary for their proper implementation; The Customer has access to his data, as well as the ability to change the data entered when creating the Account (including ceasing to process them) at any time, using the options available under the Customer Account in accordance with the Privacy Policy;

1. use the services offered by the Seller in a way that does not interfere with the functioning of the Seller or the Store;
2. use the services offered by the Seller 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;
3. use the services offered by the Seller in a way that is not inconvenient for other Customers and for the Seller;
4. timely payment of the Price and other costs agreed by the Customer and the Seller;
5. not to provide or transfer within the Store any Content prohibited by the provisions of applicable law, in particular Content infringing the proprietary copyrights of third parties or their personal rights;
6. not taking actions such as:
   1. sending or posting unsolicited commercial information in the Store or posting any Content that violates the law (prohibition of placing illegal content);
   2. undertaking IT activities or any other activities aimed at obtaining information not intended for the Customer, including data of other Customers;

1.unauthorized modification of the Content provided by the Seller,
in particular, the prices or descriptions of the Goods provided as part of the Store.

IV. Conclusion of a sales contract

1.The main features of the service, including the subject of the service and the method of communication with the customer, are specified on the page of each product.

2. The Seller allows the Customer to place an Order in the following way:

• The Customer adds the selected Product (s) to the Cart and then proceeds to the Order form.
• The customer chooses one of the offered delivery methods.
• The Customer who has a Customer 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 a Customer Account must complete the Order form on his own in terms of his data necessary to conclude and implement the Sales Agreement. In any case, providing outdated or untrue customer data may prevent the performance of the Agreement;
• The Customer chooses the method of payment of the Price and other total costs of the Agreement implementation indicated in the Order form;
• The Customer sends the Seller an Order using the Store’s functionality provided for this purpose. In the case of a Customer who does not have an Account and has not previously accepted the Regulations, the Customer is obliged to accept the Regulations
• The Customer sends the Order using the Store’s functionality provided for this purpose (button: “Buy and pay”);
• When placing the Order, until the button “Buy and pay” 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.
• 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;
• In response to the Order, the Store immediately sends the Customer an e-mail to the e-mail address provided for this purpose by the Customer confirming the registration of the Order.

3.The contract is concluded upon confirmation of the acceptance of the Order for execution by the Seller.

V. Prices

1. The prices within the Store are displayed as follows:

1. the prices of the Goods listed in the Store directly on the website are net prices
2. the prices of the Goods after adding to the basket and displaying the basket include all applicable duties and taxes and specify the net amount and the VAT amount in the applicable amount

These amounts are given in Polish zlotys.

2. Prices do not include shipping costs. The costs of shipping the Goods are displayed on the Store’s website while placing the Order, including immediately before and at the time of approval
and placing an Order by the Customer. The total value of the order includes the Price, shipping costs and any other costs of optional paid services selected by the Customer. The Seller may, within the period of his choice, set the minimum order value threshold for which the shipment of the Goods is free.

3. Payment can be made:

-by bank transfer,

– using an external payment service provider,

VI. Order fulfillment time

1. The total waiting time for the Customer to receive a given Good (delivery time) consists of the time of preparing the order for shipment by the Seller and the time of delivery of the Good by the carrier. The time of preparing the order for shipment by the Seller is counted from the moment the funds are credited to the Seller’s account or from the date of placing the Order in the case of customers who have been granted trade credit until the shipment containing the Goods is shipped, and amounts to a maximum of 14 business days (days from Monday to Friday, excluding non-working days). The time of delivery of the Goods by a given carrier, which depends on the form of delivery chosen by the Customer, should be added to the above time.

2. The time of order fulfillment depends on the form of delivery chosen by the Customer.

3. The Seller informs on the Store’s website about temporary restrictions in the delivery of the Goods before concluding the Agreement.

4. The delivery costs are borne by the Customer, unless otherwise stated in the Regulations or the detailed regulations of the Promotion.

5. Goods ordered in the Store are delivered within the territory of the European Union.

VII. Withdrawal from the contract

1. A customer who is a consumer or a customer with the rights of a consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving any reason and without incurring additional costs, except for the costs of transport to the Seller, which the Customer shall bear on his own. The declaration of withdrawal from the contract may be sent by e-mail to the address zamowienia@solmix.pl or by courier (by Polish post) to the address of Solmix Sp. z o.o., St. Limanowskiego 95, 26-600 Radom.

2. In the event of withdrawal from the contract, the Consumer or the Customer with consumer rights is materially liable only for the reduction in the value of the goods resulting from handling them in a different way than is necessary to assess their properties, characteristics and functionality.

3. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the product return and the Customer’s declaration of withdrawal from the contract, return to the Customer all payments made by him, except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method. . The seller refunds the payment for the goods as described:

a.In the case of cash on delivery or prepayment to the account to the account number provided in the form 
b. When paying with Paypal to the Paypal account,

c. When paying with PayU to the PayU account

d. When paying with Przelewy24 to the account Przelewy24 from which the order was paid. If the Seller has not offered to collect the product from the Customer himself, he may withhold the reimbursement of payments received from the Customer until he receives the product back.. 

4.The customer is obliged to return the product to the Seller immediately, no later than within 14 calendar days from the date of withdrawal from the contract. The customer bears the direct cost of returning the product. The choice of the type of return shipment depends on the Customer, but he must take into account the type of the Goods being sent and the need for their safe delivery to the Seller. The method of packing the Goods and the type of selected packaging shall be charged to the Customer.

VII. Complaints / liability

1. The Seller is obliged to deliver the Goods to the Customers without defects (physical and legal). The Seller is liable to the Customers for defects in the goods under the terms of the Civil Code, in particular pursuant to art. 556 and following of the Civil Code.
2. In the case of delivery of the Goods with damage to the packaging, the Customer should first submit a delivery complaint to the courier company carrying out the delivery, in accordance with the procedure applicable there, the Customer should document the damaged package / shipment with photos in the presence of the courier and notify the Seller about the fact of such a complaint and how to deal with it. Lack
3. The Customer may submit a complaint to the Seller about the Goods, in particular by using the appropriate form available as part of the Store, in writing (to the address: Solmix Sp.z o.o., 95 Limanowskiego St., 26-600 Radom), or by submitting any other unequivocal statement in this regard.
4. In submitting a complaint, in order to speed up its consideration, please include information about the reasons for the complaint, along with a very detailed description and photo documentation of damage / defects of the Goods, the Customer’s request and information allowing the identification of the Customer and the Goods, i.e. order number, date of purchase of the Goods Name and surname and address of the Customer, e-mail address. When submitting a complaint, please provide a proof of purchase, if possible, which may be, for example, a copy of an invoice or a receipt, a printout confirming the operation with a payment card, etc. before considering them, to the person submitting the complaint to supplement them.
5. The Customer exercising the rights under the warranty is obliged to deliver the defective Goods to the Seller, to the following address: Solmix Sp. z o.o., St. Limanowskiego 95, 26-600 Radom at your own expense.
6. If the sold Goods have a defect, the Customer may:
7. submit a declaration of price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a product free from defects or removes the defect. The reduced price should remain in such proportion to the price resulting from the contract in which the value of the Goods with the defect remains to the value of the Goods without defects. The Customer may not withdraw from the contract if the defect of the Good is irrelevant;
8. demand replacement of the Product with one free from defects or removal of the defect The seller is obliged to replace the defective product with a product free from defects or remove the defect within a reasonable time without undue inconvenience to the customer with reservations and on the terms set out in the relevant provisions of the Civil Code.
9. The Customer may, instead of the removal of the defect proposed by the Seller, demand the replacement of the Product with a non-defective one, or demand the removal of the defect instead of the replacement of the Product, unless it is impossible to bring the Product into compliance with the contract in the manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect is taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.
10. If the buyer requests replacement of the item or removal of the defect, or has submitted a price reduction statement, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days, it is considered that the request was considered justified.
11. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Goods to the Customer. The claim for removal of the defect or replacement of the Product with a Product free from defects expires after one year from the date of finding the defect, however, in the case of the purchase of the Product by the Customer – the period of limitation may not end before the expiry of the period referred to in the first sentence.
12. Complaints related to the services provided by the Seller by electronic means may be submitted in particular via e-mail: zamowienia@solmix.pl

In the submission of a complaint, in order to expedite its consideration, please include information about the reasons for the complaint, the Customer’s request and information allowing the Customer to be identified, i.e. order number, date of purchase of the Goods, Customer’s name and address details, e-mail address. The seller considers complaints / questions up to 14 days from the date of their receipt and informs about the result of its consideration. In a situation where the data or information provided in the complaints / questions need to be supplemented, the Seller asks the person submitting the complaint to supplement them before considering them.

VIII. Validity of the contract for the provision of services and amendment of the regulations

1.

The Customer may terminate the Service Agreement with immediate effect,
at any time, by submitting a request to delete the Customer Account and sending an appropriate statement to the Seller, in the form of:

1. in writing to the following address: Solmix Sp. z o.o., St. Limanowskiego 95, 26-600 Radom
2. e-mail messages to the following address: zamniane@solmix.pl
3. via the form provided for this purpose.

2. The Seller sends his statement in this regard to the e-mail address provided by the Customer when creating the Customer Account or placing an Order.

3. The Seller may terminate the Customer’s Service Agreement with a seven-day notice period and / or deny him further right to use the Store and place Orders, and may limit his access to some or all of the Content,
for important reasons, i.e. in the event of a gross breach by the Customer of these Regulations, i.e. in situations where the Customer (closed catalog) violates the provisions of point III of the Regulations.

4. The client to whom the provisions of paragraph 3 above, may use the Store after prior contact with the Seller and obtaining the Seller’s consent for further use of the Store.

5. The Regulations and attachments to the Regulations constitute a contractual model within the meaning of Art. 384 § 1 of the Civil Code

6. The Seller has the right to amend these Regulations. The changes will not violate the acquired rights of customers or the provisions of applicable law.

7. The Seller will inform the Customers about the change in the Regulations in advance.

8. In the event of changes to the Regulations, the Seller will provide the consolidated text of the Regulations by publishing on the Store’s website and by means of a message sent to the e-mail address provided by the Customer, which the Parties recognize as entering information about the change to the means of electronic communication in such a way that the Customer could read its content.

9. 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 registered Customers, i.e. having a Customer Account, they have the right to terminate the Agreement for Provision of Services within 14 days from the date of notification of the amendment to the Regulations. The amendment to the Regulations is irrelevant to the Sales Agreements concluded by the Customer and the Seller before the amendment to the Regulations.

IX Personal data and cookies

The rules for the processing of personal data and the use of cookies are contained in the document entitled Privacy Policy.

X. Final Provisions

1. These Regulations come into force on the day of its publication on the website.

2. The Sales Agreement and the Service Provision Agreement are concluded in Polish.

3. The law applicable to the conclusion of the Agreement is the law of the Republic of Poland, and courts are common courts in the Republic of Poland, unless otherwise provided for in mandatory provisions of law. Any disputes between the Seller and a Customer who is not also a Consumer will be submitted to the court having jurisdiction over the seat of the Seller,

4. The Seller may modify the technical method of providing the Service, in particular for technological reasons (the development of browsers and technology), but without deteriorating its quality, and without affecting the scope of the rights and obligations of the Customer and the Seller.

5. The Seller provides technical and organizational measures appropriate to the degree of threat to the security of the services provided on the basis of the Service Provision Agreement.

6. The use of extrajudicial means of dealing with complaints and redress is voluntary.

7. The consumer or the customer with the rights of a consumer has, inter alia, the following options for using out-of-court complaint and redress procedures:

1. referring to a permanent consumer arbitration court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection, as amended (i.e. Journal of Laws of 2016, item 1059), with a request to settle a dispute arising from the concluded Sales Agreement. The rules of organization and operation of permanent consumer courts of arbitration are specified in the ordinance of the Minister of Justice of 25 September 2001 on the rules of organization and operation of permanent consumer courts of arbitration. (Journal of Laws 2001, No. 113, item 1214);
2. application to the Provincial Inspector of Trade Inspection, in accordance with art. 36 of the Trade Inspection Act, with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Consumer or the Customer with the rights of a consumer and the Seller. Information on the rules and procedure of the mediation procedure conducted by the Provincial Inspector of Trade Inspection is available at the offices and on the websites of individual Provincial Inspectorates of the Trade Inspection;
3. requesting free assistance in resolving a dispute between a Consumer or a Customer on the rights of a consumer and the Seller to the County (Municipal) Consumer Ombudsman or a social organization whose statutory tasks include consumer protection, among others Consumer Federation.

XI.

1. Personal data controller
   The administrator of clients’ personal data is Solmix Sp. z o.o., St. Limanowskiego 95, 26-600 Radom (hereinafter referred to as Solmix)
2. Processing of personal data
   

A customer who wishes to use the services of the Solmix online store on the website www.solmix.pl is
asked to provide personal data. These data will be processed only for operational purposes
the store and the provision of services offered in it.

1. Purpose of processing
   The Customer’s personal data is necessary for the proper provision of services, in particular:
    sending a newsletter,
    registering on the website,
    conclusion of a sales contract,
    making settlements,
    delivery of the ordered goods,
    exercising consumer rights.
2. Types of data
   For the proper provision of services, the personal data administrator needs data such as:
    first name and last name,
    shipping address,
    e-mail address and telephone number,
    NIP number and company name, if the customer is an entrepreneur,
3. Legal basis
   

Personal data is processed in accordance with the provisions of the GDPR / Regulation of the European Parliament and of the Council (EU)
2016/679 of 27 April 2016 / The basis for the processing of personal data is primarily art. 6 GDPR.

1. Conditions for providing data
   

The customer’s personal data is processed only with his consent, expressed at the time of registration in the online store
or upon confirmation of a transaction made in the store without creating a Customer account. Consent to
the processing of personal data is completely voluntary, however, in some cases it may be necessary
to conclude a contract or other activities related to the provision of services by the Solmix store.

1. Rights of the person providing personal data
   

The customer has the right to request access to their personal data. The customer may at any time request from
the personal data administrator to update or correct his personal data. The customer can do it
do it yourself using the Account tab after logging in to the online store.

1. 
   

At any time, the customer has the right to withdraw consent to the processing of personal data without giving
causes. The request may refer to the purpose of processing indicated by the Customer. Withdrawal of consent to
all processing purposes will result in the removal of the entire Customer’s account in the online store a
personal data will not be processed further. Withdrawal of consent will not affect the activities performed so far.

1. 
   

At any time, the Customer may object to the processing of his data, both in whole and in part
the purpose indicated by him. The objection will not affect the actions already performed. Raising an objection
will delete the Customer Account in the online store and the personal data will not be processed further.

1. 
   

The customer has the right to demand that the processing of his personal data be limited as to the time and scope. Request
this will not affect the activities performed so far.

1. 
   

The customer has the right to request that his personal data be transferred to another administrator. For this purpose, the customer may
contact the data administrator at his e-mail address, providing the name and address of the entity to which
the data administrator is to provide the customer’s personal data and the scope of this data.

1. 
   

The customer has the right to request the data controller to provide information on the scope of personal data processing.
The data administrator is obliged to inform the customer no later than within one month of receipt
each of the requests for action taken.

1. Processing period
   

As the administrator of the Customer’s personal data, we will keep this personal data for as long as the Customer
wants to have a Customer Account. Account deletion may take place at the request of the customer, but also in the event of withdrawal
consent to the processing of data by the customer, objections to the processing of personal data or
request their removal.

1. Data safety
   

When processing the client’s personal data, we use the most modern IT and technical means and
organizational in accordance with applicable law, including encryption of the connection with a certificate
SSL.

1. Entrusting personal data
   

The Customer’s personal data may be entrusted to entities cooperating with Solmix to the extent necessary to
provision of services, for example, in order to prepare the goods ordered by the customer, carry out
payment process and parcel delivery. We never transfer personal data, sell or sell it
we exchange them for profit or marketing purposes. Personal data is not transferred outside the EU
European.

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