Regulations of akson.pl website and akson.pl online store define the rules of using the portal, logging in and placing orders and selling goods via www.akson.pl.
Terms used in the regulations mean:
Akson, administrator, portal and store Akson means owner: Akson Padjasek-Krysowski General Partnership, ul. Polna 73, 41-600 Świętochłowice, REGON: 272434970, NIP: 634-10-12-579.
Customer, Orderer, Consumer: a natural person with full legal capacity, as well as an organizational unit, having an active account on the site or using it as a guest, without registration.
II. GENERAL PROVISIONS
Creation of an account on the portal by the Customer, use of the portal, placing an order by the Customer for the selected goods means:
1. acceptance of the provisions of these regulations.
2 Customer’s obligation to comply with the rules contained herein.
3. confirmation by the Customer, if he is a Consumer, that he has been informed of the right to withdraw from the contract in accordance with the Act of May 30, 2014. On consumer rights (i.e. Dz. U. of 2019. pos. 134, as well as that a model withdrawal statement was made available to him (found in Section VII of the terms and conditions).
Product information contained on the website does not constitute an offer within the meaning of the Civil Code. Product images may differ slightly from the originals. Differences resulting from individual settings of the customer’s computer / monitor (e.g. color), do not constitute grounds for complaint of the purchased goods.
All prices of goods in the akson.pl store are gross prices and include the applicable VAT.
We reserve the right to withdraw the goods from sale or cancel the order.
III. REGISTRATION AND USER PROFILE
1 The use of the portal is free of charge.
(2) User profile is created at the time of successful registration on the site.
3. the User of the Portal undertakes to use the user’s profile in accordance with the laws in force in Poland, social and moral norms and the provisions of these Regulations.
(4) The user, voluntarily providing his/her personal data in the registration form available at www.akson.pl, declares that they are true and consents to their processing by the service provider, in accordance with the consents expressed.
(5) During registration, the user is required to provide the following data:
- address details;
- email address;
- phone number.
6 Akson has never, and will not in the future, share or use its customers’ personal information for any purpose other than for order processing. Everyone has the right to inspect their data, correct it or request its removal from the database.
IV. GENERAL TERMS AND CONDITIONS OF SALE
The owner of the website and online store akson.pl is:
Akson Padjasek-Krysowski General Partnership
ul. Polna 73, 41-600 Świętochłowice, Poland
REGON: 272434970 / NIP: 634 10 12 579 / KRS: 000535961
The online store, located at akson.pl, is used to make purchases of goods, located in the akson.pl offer section, via the Internet.
Only adults are authorized to make purchases in the akson.pl online store.
Making transactions through akson.pl online store is possible only on the territory of the Republic of Poland. For the possibility of completing the transaction outside the territory of the Republic of Poland, please contact us at tel. 695 889 669 or ate-mail:firstname.lastname@example.org.
The condition for the execution of each order is to properly go through the various stages of ordering (specified in point II) such as: selection of the product, transmission of address data, selection of payment method.
V. WAYS OF PLACING ORDERS
– through the online store – after entering the akson.pl website, we select the product category we are interested in, which has an order function available. Then select the product, click on the BUY ONLINE box. After selecting this option, the goods are placed in the shopping cart. Then you enter (as a guest) or check (as a logged-in user) your data and delivery address, choose the form of payment and click on the ORDER OR PAY box . The final step is to make payment, according to your choice. Automatically, confirmation of your order and then payment will come to the email address you provided;
– via e-mail address – the order should be sent to the e-mail address: email@example.com, providing in it the data necessary to complete the transaction: product name, product code, quantity, price, data of the Orderer: surname/company, first name, street and number of house, apartment, city, postal code, telephone, e-mail address and delivery address if different from the address of residence. In response, you will receive a message confirming the possibility of placing an order and other information necessary for the safe completion of the transaction.
VI. EXECUTION OF THE ORDER
Order processing is handled by Akson’s Customer Service Department, located at ul. 73 Polna St. in Swietochlowice.
- An order accepted for processing will be confirmed by an automatic message to the e-mail address indicated by the Orderer (the Orderer’s e-mail address is required when ordering).
- Confirmation of order acceptance is generated automatically. Upon confirmation of acceptance of the Customer’s payment, a contract is concluded between the Customer and Akson Store, concerning this order.
- Akson store has 7 days to confirm the execution of the Customer’s order (counting from the day of automatic confirmation by Akson store of receipt of the order). The customer has 7 days to pay, otherwise the order is canceled.
- In the event that the Akson store does not confirm acceptance of the order for processing within the above time limit, and the goods are not shipped, the contract between the customer and the Akson store is not concluded, and any payments made for the unaccepted order will be immediately refunded to the customer.
- No confirmation means that the order has not been accepted.
- In the event that it is not possible to fulfill part of the order, Akson store may offer the Ordering Party:
- cancellation of the order in its entirety (if the customer chooses this option, Akson Store will be relieved of the obligation to fulfill the order);
- cancellation of the order in the part in which the realization is not possible within the prescribed period (if the Customer chooses this option, the order will be realized in part, with the Akson Shop being relieved of the obligation to realize it to the remaining extent);
- In the event that the ordered product is out of stock or the Customer’s order cannot be fulfilled for other reasons, Akson store will inform the Customer of the situation by sending a message to the e-mail address indicated by the Customer or will provide information by phone to the number indicated by the Customer. In this case, the order is canceled. Cancellation of an order for the reasons indicated in this paragraph may take place no later than 30 days from the date of its acceptance for execution by the Akson Store.
- A properly placed order should include:- contact and address data: orderer, recipient, payer
– e-mail address of the Purchaser
– at least one product
– method of payment
- Akson Company will make every effort to keep the lead time as short as possible. The lead time consists of the processing of the order by the staff of our store and the delivery time of the shipment. In the case of payment by bank transfer, the deadline runs until the day, the money is received in the Company’s account.
- In the case of customized goods, information about the lead time is part of the product description. After placing an order, the customer is informed of the lead time as accurately as possible, according to the current capabilities of the manufacturer or distributor.
- The ordered goods are delivered to the customer by a courier in accordance with the details on the order.
- In some cases, for the possibility of proper implementation of the order, it is necessary to obtain additional information from the customer. For this purpose, we reserve the right to contact you by phone at the number you provided when placing the order. This number can also be used to contact the courier, in case of difficulties in delivering the package.
- If it is not possible to complete the shipment in accordance with the order placed, due to the lack of any of the ordered products, an employee of the Customer Service Department will contact the customer by phone or e-mail to offer a replacement for the missing goods.
- In the event of non-conformity of the delivered shipment with the placed order, the buyer should refuse to accept the unsolicited products and immediately notify the seller. Acceptance of the shipment by the buyer confirmed by his signature on the waybill, means confirmation of its compliance with the order.
- The online store at akson.pl reserves the right to refuse orders that are questionable, i.e. without a phone number or e-mail address at which it will be possible to confirm the order.
- Orders can be placed 24 hours a day, all year round. Orders placed on weekdays after 3 p.m., on Saturdays, Sundays and holidays will be processed on the next business day.
- Complaints about mechanical damage caused during transport will be considered only on the basis of a written protocol of damage/disparity of the contents of the shipment, made at the time of receipt of the goods, in the presence of the courier and with his confirmation. If you find any damage to the shipment, you must refuse to accept it and write an appropriate damage report. Shipments whose damage is noticed after the departure of the courier should be reported by phone to the courier company.
VII. LEAD TIME
The online store includes:
– goods that are available in our shipping warehouse. They are ready for shipment on a 24-hour basis;
– customized goods, which are imported from Europe. In this case, shipping can be arranged within 65 days;
– goods that are available and shipped directly from the manufacturer’s or distributor’s warehouse, in which case the shipping time may extend up to 30 days.
VIII. PAYMENT AND DELIVERY COSTS
1 Delivery throughout the country is made via DHL courier service.
(2) The cost of delivery depends on the weight of the products ordered and is automatically calculated in the order form:
- From PLN 12.50 gross – transfer to bank account: 77 1090 1812 0000 0000 8005 7200 AKSON Padjasek-Krysowski Spółka jawna, Świętochłowice, ul. 73 Polna Street;
- Some large-size goods have specific individual transportation costs, the cost is calculated in the order form;
- delivery costs are not added to selected products, these products are marked in the content of the description. Shipping costs are then borne by Akson Padjasek-Krysowski General Partnership;
- In exceptional situations, it is possible to collect in person (without incurring shipping costs) in our stores located throughout Poland, only by prior arrangement with an employee of the Akson online store.
IX. SALES DOCUMENT
(1) Each commodity purchased in our store is accompanied by a proof of purchase in the form of a fiscal receipt or an invoice for a non-business individual, or a VAT invoice. Invoices are issued in electronic form and sent electronically to the e-mail address indicated when placing the order.
(2) In order to receive a VAT invoice, you must request it at the time of placing an order – checking the box in the form: invoice for the above data. In order to receive a VAT invoice for the receipt, the receipt with the VAT number(!) entered at its issuance should be sent to the address agreed with the store staff.
(3) It is not possible to issue a duplicate fiscal receipt. At the time of delivery, the customer is obliged to check whether he received a proof of purchase. If the purchase document is missing, the ordering party is obliged to inform the Akson Store within 24 h from the time of receipt of the shipment by phone or e-mail: firstname.lastname@example.org.
X. WITHDRAWAL FROM THE CONTRACT
(1) A consumer who has entered into a contract at a distance or off-premises may, within 14 days, withdraw from the contract without stating a reason and without incurring costs, except for the costs specified in Art. 33, Art. 34 par. 2 and Art. 35 Law of May 30, 2014. On consumer rights (i.e., Journal of Laws of 2019, item 134).
(2) Withdrawal from the contract shall be made by submitting a written statement and returning the goods to the Akson Store at the expense of the Purchaser.
(3) The condition for acceptance of the return is that the goods remain in a complete and undamaged condition (goods with accessories, instructions, warranty, etc.) including the original undamaged packaging.
(4) Preparation, delivery and shipping costs are not refundable. Please attach the original proof of purchase (receipt or VAT invoice) to the goods sent to us.
5 The goods should be sent to the address: AKSON Padjasek-Krysowski Spółka jawna, ul. Polna 73, 41-600 Świętochłowice.
6. in accordance with Art. 38, Law of May 30, 2014. On consumer rights (i.e., Journal of Laws of 2019, item 134).
Art. 38. [Wyjątki od prawa do odstąpienia od umowy]
The right of withdrawal from an off-premises or distance contract does not apply to consumers with respect to contracts:
1) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the start of the service, that after the performance by the entrepreneur will lose the right to withdraw from the contract;
2) in which the price or remuneration depends on fluctuations in the financial market, which the trader does not control, and which may occur before the deadline for withdrawal;
3) in which the object of performance is a non-refabricated item, produced to the consumer’s specifications or serving to meet his individualized needs;
4) in which the subject of performance is a perishable item or has a short shelf life;
5) in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery; (this applies, among others, to pantyhose, underwear, compression products, having direct contact with the skin)
6) in which the subject of performance are things that, after delivery, due to their nature, become inseparable from other things;
7) in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control;
8) in which the consumer expressly requested that the trader come to him for urgent repair or maintenance; if the trader provides in addition other services than those requested by the consumer, or provides things other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or things;
9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
10) for the supply of daily newspapers, periodicals or magazines, except for a subscription contract;
11) concluded through a public auction;
12) for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
13) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiry of the deadline for withdrawal from the contract and after the trader has informed him of the loss of the right of withdrawal.
7. in accordance with Art. 3, Law of May 30, 2014. On consumer rights (i.e., Journal of Laws of 2019, item 134).
Art. 3. [Umowy wyłączone spod regulacji ustawy]
(1) The provisions of the Law shall not apply to contracts:
1) concerning social services, social housing, child care, support for families and persons in permanent or temporary need, including long-term care, with the exception of Art. 7a;
2) concerning gambling;
3) concluded with a trader making frequent and regular rounds, during which the trader delivers foodstuffs, beverages and other articles, intended for current household consumption, to the consumer’s place of residence, stay or work, with the exception of Art. 7a;
4) on passenger transportation, except for Art. 7a, Art. 10 and Art. 17;
5) concluded by means of vending machines or automated points of sale;
6) concluded with the service provider referred to in Art. 2(27)(a) of the Act of July 16, 2004. – Telecommunications Law (Journal of Laws of 2018, item 1954 and 2245) by means of a public apparatus for the purpose of using such apparatus or concluded for the purpose of making a one-time telephone, Internet or fax call by a consumer;
7) concerning health services provided by health professionals to patients for the purpose of assessing, maintaining or improving their health, including the prescription, dispensing and provision of medicinal products and medical devices, whether or not they are offered through health care facilities;
Model: Declaration of withdrawal from a contract concluded at a distance or off-premises:
Name of consumer(s)
Address of the consumer(s)
Name and address of the entrepreneur
about withdrawal from a distance contract
I/We (*)………………………………. hereby give notice (*) of my/our (*) withdrawal from the contract of sale of the following items (*) ……………………………………..
supply contract for the following (*) …………………………………………………………..
contract for the following work/provision of the following service (*)………………………………………………………………………………………………….
Date of contract1/receipt2 (*)…………………………………………………………
Signature of the consumer(s)
(*) Delete as appropriate
XI. COMPLAINTS AND GUARANTEES
- All goods offered in the online store at akson.pl are brand new, free from physical and legal defects and legally introduced into the Polish market.
- The basis for accepting a claim is proof of purchase of goods (such as a fiscal receipt or VAT invoice).
- The time limit for processing complaints is 14 days from the date of delivery of the claimed goods.
- At the time of receipt of goods, the Consumer is obliged to check the shipment. Visible damage (e.g. condition of tapes, seals) should be reported to the courier and contact a sales employee of Akson Store.
- Claims for mechanical damage caused during transport will be considered only on the basis of a written protocol of damage/disparagement of the shipment, made at the time of receipt of the goods, in the presence of the courier and with his confirmation. If you find any damage to the shipment, you must refuse to accept it and write an appropriate damage report. According to the shipping law, the consignee of a shipment who notices damage to the shipment after the Courier has departed may report this fact by telephone to the courier company.
- The customer, after payment, has the right to inspect the contents of the package in the presence of the courier, in order to check whether there was any damage to the goods during delivery. A condition for acceptance of this type of complaint will be the writing of a complaint report at the time of delivery.
- In the event of a complaint, the goods must be sent back with the receipt or issued VAT invoice in the original packaging.
- Goods purchased in the Akson Store are covered by the warranty and service of the manufacturer, importer or seller (guarantor). In the event of damage to warranted goods, follow the instructions for use on the Warranty Card. The warranty and service of the goods is handled by the Akson Company service. The terms of the warranty are in each case specified in the warranty document issued by the guarantor. Warranty periods for individual goods are specified in the description of the goods.
XII. POSTING ANNOUNCEMENTS ON THE WEBSITE
- Medical stores of the Akson network may post their advertisements, regarding the post-auction goods they have in stock, on akson.pl – clearly indicating their condition (e.g., post-auction product, very good condition), suggested price and the method of contact with the advertiser (phone number, e-mail address, store address) and the warranty period for the product. Each time it is required to add an original photo of the product (not photos from the manufacturer’s website) and a description of the product.
- Posting of an after-sale advertisement is done through the Administrator of the akson.pl website, but the Administrator of the website is not a party to the transaction and does not have information on the products offered in this section, does not reserve and does not determine the methods of finalizing the sale.
- The contact information provided in the ad allows direct contact with the Akson employee who posted the ad. All questions about the product, including those related to the finalization of the transaction, should be asked directly to the person whose contact information is provided in the ad (phone number or in person at the designated store). The transaction is finalized each time with a proof of purchase – a receipt or invoice.
- The store that sold the offered product is obliged to inform the Administrator about the sale of the displayed product, in order to remove the offer from the site as soon as possible.
- In accordance with the provisions of the Law of August 29, 1997. On the protection of personal data (Journal of Laws of 2002, item 926, as amended), we inform you that the personal data you provide will be protected from unauthorized access. Personal data is processed only for the purpose of shipping goods, issuing an invoice, bill or conducting financial reporting by AKSON Padjasek-Krysowski Spółka jawna, based in Świętochłowice at ul. 73 Polna Street.
- AKSON has never, and will not in the future, share its customers’ personal information for any purpose other than order fulfillment. This includes address data, as well as e-mail addresses and phone numbers.
- At the same time, AKSON informs you that you have the right to inspect your data, correct it or request its removal from our database.
XIV. FINAL PROVISIONS
- In matters not covered by the above regulations, the provisions of the Civil Code shall apply.