1. General provisions
- These regulations, hereinafter referred to as the “Regulations”, define the rules of using the online store located at the URL http://actistraw.com, hereinafter referred to as the “Store”.
- The store is run by Actistraw sp.z o.o. with headquarters in Olsztyn, ul. Metalowa 4, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Olsztyn, VIII Commercial Division of the National Court Register, under the number KRS 0000820807, NIP number 7393935612, hereinafter referred to as the “Administrator”.
- Store address and contact details: internet address – www.actistraw.com e-mail – firstname.lastname@example.org, telephone number +48 665 327 486, correspondence address – ul. Metalowa 4, 10- 406 Olsztyn,
- Before starting the use of the Store, each person should read its Regulations.
- Making purchases in the Store requires the Customer to have an active and functional e-mail account.
The terms used in the Regulations mean, respectively:
- Store – an online store operating at www.actistraw.com, selling products at a distance.
- Customer – each entity purchasing in the Online Store in accordance with the content of the Regulations, including the Consumer and the Entrepreneur.
- User – any entity using the Internet that enters the Store’s website.
- Customer Account – a field containing data on the transactions carried out
and an instrument for the implementation of orders placed by the customer.
- Newsletter – a service provided by the Online Store to Users who have agreed to receive the Newsletter, consisting in sending such Users any information about the operation of the Online Store, after the User voluntarily provides their e-mail address, name and surname.
- Consumer – a natural person who performs a legal transaction with an entrepreneur not related directly to his business or professional activity.
- Entrepreneur – a natural person, legal person or entity without legal personality, performing a legal transaction on its own behalf as part of business activity
- Working days – days of the week from Monday to Friday, except public holidays
- Regulations – this document specifying the terms and conditions of using the Online Store and purchasing products therein.
- Registration – voluntary provision of data by the Store’s Customer consisting in completing the form available on the pages of this Store.
3. Types and scope of the Store’s activity
- The Store conducts distance sales via the Internet of products listed in the offer presented on the website www.actistraw.com at the time of placing an order by a given Customer, hereinafter referred to as “Products”.
- The prices of all Products on the Store’s offer are expressed in PLN and include VAT. The price does not include shipping costs, unless the description of a given Product indicates otherwise.
- The cost of delivering the product is covered by the customer.
- Waste bags + briefcase are sent randomly – I cannot choose the pattern.
- Please be advised that the filter straws sold in the store are test straws that are subjected to the customer satisfaction test, therefore their price is significantly reduced to the price of standard filter straws.
- The offered items are new.
4. Technical requirements
- For the proper and uninterrupted use of the Store, the Customer’s station / terminal device should meet the following minimum technical requirements:
- active internet connection,
- enabled allowance of cookies and Java Scripts
- active e-mail address
- The store is not obliged to provide the above devices and / or software.
- The installation of the software referred to in paragraphs 1 and 2 is the subject of a separate license agreement between the Customer and the licensor.
5. Rules for making purchases
- The store, before confirming the purchase, provides the customer with the following information:
- a detailed description of a given product and its features;
- the total price of the ordered products including taxes, as well as the fee for transport, delivery or postal services and summarizing the total amount of the order with the selected delivery option
- regarding the method and date of payment
- regarding the method and date of performance by the entrepreneur.
- The purchase of the Product does not require registration in the Store
- Placing an order is done using the form available on the store’s website at the link https://actistraw.com/koszyk/ available after pressing the “Buy and pay” button in the summary of the shopping cart, in which the customer provides the following data:
- Name and surname or company name
- E-mail adress
- Phone number
- Tax ID
- Address details for shipping
- The customer places an order after reading the information specified in the Regulations of the store and the information referred to in paragraph 2, which will be displayed in electronic form in the last stage of completing the electronic form, preceding the expression of the will to be bound by the contract by clicking the “Order with payment obligation” button.
- After reading the collected information specified for a given Customer’s order, the Customer expresses the will to be bound by the contract by pressing the “Buy and pay” button.
- All prices on the Store’s website are in Polish zlotys and include VAT. The price displayed in the basket summary before placing the order includes shipping costs in accordance with the option selected by the Customer.
- The store undertakes to deliver items free from defects.
- The order is considered accepted for execution after the Store confirms the acceptance of the order placed by the Customer.
- Confirmation of the order is sent automatically after placing the order by the customer;
- The Store may suspend the acceptance of the order in the event of doubts as to the truthfulness or reliability of the data provided by the Customer in the registration form. In this case, the Store will immediately contact the Customer in order to clarify the doubts in question.
- In the event of unavailability of some of the products covered by the order, the customer is immediately informed about it.
- The customer decides whether the order is to be partially or completely canceled.
- The Customer and the Store are bound by the Product price in force at the time the order is placed.
- The following payment methods are honored in the Store:
- Payment by card with PayU
- Online payment with PayU
- Transfer to the account:
mBank 31 1140 2004 0000 3502 7956 3163
Data for the transfer: Actistraw sp.z o.o., ul. Metalowa 4, 10-406 Olsztyn,
The payment deadline is 2 days from placing the order, after this time the order will be canceled.
- The contract is considered concluded at the moment of confirmation of the order in the case of selecting the payment on delivery or when the payment is made by the Customer, after receiving the confirmation of the order.
- The ordered goods are shipped within 5 business days of the payment of the amount due for the product.
- Shipments are sent via the DPD courier company, Poczta Polska or to InPost parcel lockers. The shipping costs were specified when placing the order. The cost of foreign shipments is determined individually with the customer – depending on the destination place of delivery.
- In the case of ordering several items of goods, the goods are generally packed collectively into one shipment, unless, when choosing the delivery method, the Customer indicates a different method of packaging and selects separate delivery options for each product.
- The customer will be notified by e-mail about sending the goods. When choosing a courier service, the customer will receive a tracking number by e-mail. The parcel can be located at the address of the courier company.
- According to the Act on consumer rights, the maximum delivery date is 30 days. If the deadline indicated in the preceding sentence is exceeded, the Consumer has the right to appoint additional time for the seller. If the goods are still not delivered, the customer may withdraw from the contract.
- If the goods are to be sent by the Store to the Customer who is a consumer, the risk of accidental loss or damage to the item (goods) passes to the Customer upon its delivery to the Customer. The delivery of the item (goods) is considered to be entrusted by the Store to the carrier, if the Store had no influence on the choice of the carrier by the buyer.
- A receipt confirming the purchase is sent with the Product. At the customer’s request, a VAT invoice is issued. The customer is obliged to provide full data necessary for the correct issuance of a VAT invoice:
- Name and surname / company,
- Address of residence / seat,
- NIP number (for companies), PESEL number (natural persons),
- Address for correspondence
- Each customer who registers and / or places an order agrees to receive information related to the course of the transaction, notifications about changes in these Regulations to the e-mail address provided by him.
- Other information regarding the operation of the Website, as well as containing commercial information about new products or services of the Website, about promotions of the Website and the Administrator’s partners promoting the products, will be sent only to those Customers who have given their consent.
- In terms of complaints, the Customer who is a Consumer may exercise the rights granted by the provisions of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and the Act of May 30, 2014 on consumer rights ( Journal of Laws of 2014, item 827 of June 24, 2014).
- The Store is liable to the Customer under the warranty if the item sold (goods) has a physical or legal defect. A physical defect consists in the non-compliance of the sold item (goods) with the contract. In particular, the item sold (goods) is inconsistent with the contract if:
- does not have properties that this type of thing should have due to the purpose specified in the contract or resulting from the circumstances or destination;
- it is not suitable for the purpose of which the Customer informed the Store at the conclusion of the contract, and the Store did not raise any objections to such purpose;
- was delivered to the Client incomplete.
- Complaints about the ordered goods may be submitted by e-mail to the address email@example.com or by registered mail to the address: ul. Metalowa 4, 10-406 Olsztyn
- When submitting a complaint, please provide the following data: Customer’s name and surname, address, data enabling the identification of the sale (e.g. login, order number, transaction date), subject, the reason for the complaint and a detailed description of the type of non-compliance, which will facilitate the complaint procedure.
- When specifying the manner of fulfilling the Store’s obligations in the scope of the reported complaint regarding the occurrence of physical or legal defects of the goods, the Customer who is a consumer has the right to submit a declaration of price reduction or withdrawal from the contract, unless the Store immediately and without undue inconvenience to the Customer replaces the defective item with free from defects or the defect will be removed. This limitation does not apply if the item has already been replaced or repaired by the seller (Store) or the Store has not satisfied the obligation to replace the item with a non-defective one or remove the defect.
- If the Customer is a Consumer, he may, instead of the removal of the defect proposed by the Store, demand that the item be replaced with a non-defective one, or instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into compliance with the contract in a manner chosen by the Customer or would require excessive costs compared to the manner of proposed by the Store. When assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.
- The reduced price should remain in such proportion to the price resulting from the contract in which the value of the defective item is equal to the value of the item without a defect.
- The customer cannot withdraw from the contract if the defect is irrelevant.
- Complaints submitted by the customer will be considered within 14 days from the date of their submission. Failure to make a statement within this period shall be deemed recognition of the claims made by the Customer.
The customer will be notified of the settlement of the complaint to the e-mail address or correspondence address provided by the customer.
- In the event of a positive settlement of the complaint, the Store sends to the Customer the Goods free from defects or with the defect removed within a reasonable time. If the repair or replacement of a given product with a new one is not possible for the reasons specified in sec. 5 and 6, the Store according to the alternative request submitted by the Customer – will reduce the price or return the equivalent of the product price, plus shipping costs.
- An exemplary complaint form is attached as Annex 1 to these Regulations.
- The right to the warranty is excluded for customers purchasing as an Entrepreneur.
7. Withdrawal from the contract
- In accordance with the Act of May 30, 2014. on consumer rights (Journal of Laws of 2014, item 827) The customer who is a consumer has the right to withdraw from the concluded contract in writing without giving any reason within fourteen days from the date of delivery of the item, i.e. from the moment when the customer came into possession of the item, or which a third party other than the carrier indicated by the Customer came into possession of the goods. To meet the fourteen-day period referred to in paragraph 1, it is sufficient to send a declaration of withdrawal before its expiry to the following address: Actistraw sp.z o.o., ul. Metalowa 4, 10-406 Olsztyn. The statement may be submitted on the form, the specimen of which is attached as Annex 3 to these Regulations and is sent together with the e-mail to the account provided by the Customer. The use of this form is optional.
- Pursuant to Art. 38 of the Act on consumer rights, the right to withdraw from a distance contract, in accordance with the Act, is not available to the consumer in the following cases:
- 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 commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;
- in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
- in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
- in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
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 packaging has been opened after delivery;
- in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
- in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the entrepreneur has no control;
- in which the consumer expressly demanded that the entrepreneur came to him to make urgent repairs or maintenance;
- if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or items;
- concluded through a public auction;
- In the event of withdrawal from the contract, the Customer is obliged to return the goods to the following address: Actistraw sp.z o.o., ul. Metalowa, 10-406 Olsztyn or hand it over to a person authorized by the Store to pick it up immediately, but not later than 14 days from the date on which the contract id resigned, unless the Store offered to pick up the item itself. The returned goods should be packed in a way that prevents their damage during transport.
If the Customer uses the right referred to in paragraph 1, the direct costs of returning the goods are covered by the customer.
- In the event of withdrawal from this contract, the Customer shall be reimbursed all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method offered as part of the delivery of goods available in the Store), immediately , and in any case no later than 14 days from the date on which the Store was informed about the Customer’s decision to exercise the right to withdraw from the contract with the Store.
- The reimbursement is made by the Store using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for him.
- The Store may withhold the reimbursement until receipt of the returned Goods (items) or until proof of sending back the goods in connection with the withdrawal, depending on which event occurs first.
- If the Customer who is a consumer has chosen a method of delivery of the item (goods) other than the cheapest standard delivery method offered by the entrepreneur (applies to the method of original delivery to the Customer), the entrepreneur is not obliged to refund the additional costs incurred by the Customer.
- The consumer is liable for a decrease in the value of the item as a result of using it in a different way than necessary to establish the nature, characteristics and functioning of the item.
8. Final provisions and a description of the possibility of using out-of-court complaint and redress procedures
- The provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is also a Consumer under mandatory provisions of law. In the event of non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail.
- In matters not covered by these Regulations, the provisions of Polish law shall apply, in particular the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827 of June 24, 2014) and the Act of April 23, 1964 r. – Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended).
- Information on the possibility for the Customer who is a consumer to use extrajudicial means of dealing with complaints and redress 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, voivodeship Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:
- The customer who is a consumer has, inter alia, the following options for using out-of-court complaint and redress procedures:
- Permanent consumer arbitration court operating at the Trade Inspection – the possibility of requesting the resolution of a dispute arising from the concluded Sales Agreement;
- provincial inspector of the Trade Inspection, the possibility of requesting the initiation of mediation proceedings regarding amicable settlement until the end of the dispute between the customer and the store;
- poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer
- Federation at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address: firstname.lastname@example.org
- Online Disputes Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/