Terms of use

on 21.07.2018

Definitions

Terms used in the Terms of Use mean:

Client – natural person, legal person or organisation possesing legal agency in accordance with special regulations, which places an Order in the Shop;

Terms of Use– the following Terms of use of providing services via electronic means by the web store on the service aarkada.com;

Web service – the web service available under the address www.aarkada.com,, which includes the Web store, through which the Client may place Orders;

Goods – the products presented in the web store being part of the aarkada.com Service

Sales contract – the sales contract for the Goods between Aarkada Sp. z o.o., Kazimierza Wielkiego 7/5, 65-047 Zielona Góra,  NIP: 9731026740 and the Client, conducted with the use of the Web store;

Act of consumer rights – the act of 30 may 2014 on the rights of the consumer (Dz.U. z 2014 r. poz. 827);

Act of providing services via electronic means – the act of 18 July 2002 on the conduct of services via electronic means (Dz. U. Nr 144, poz. 1204 with amendments.);

Order – declararion of the Client with the direct intent to enter into the Sales contract, specifying the type and amount of Goods;

 

  1. Main provisions

1.1. The following Regulations specify the rules of using the web store available under the web address www.aarkada.com;

1.2. These Terms of Use should be considered the terms of use mentioned in section 8 of the Act on the provision of services via electronic means.

1.3. The web store available under the address www. aarkada.com, is operated by the company Aarkada Sp. z o.o., Kazimierza Wielkiego 7/5, 65-047 Zielona Góra,  NIP: 9731026740, REGON 363661370, KRS 0000600296.

The store conducts business under the following address:

Aarkada Sp. z o.o., Kazimierza Wielkiego 7/5, 65-047 Zielona Góra (mon– fri; 10 AM-17 PM), phone: +48 790220060.

1.4. The Terms of Use regulates especially:

  1. a) the rules of registering and using the account on the web store;
  2. b) the terms and conditions of placing reservations for the Products available on the web store;
  3. c) the terms and conditions for placing Orders for the Products available on the web store’
  4. d) the rules of entering into Sales contracts for the services provided by the web store.

1.5. The Clients may view these Terms of Use at any time through a link placed on the web service www.aarkada.com.

 

  1. Terms of using the Web store

2.1. In order to enter into a Sales contract through the Web store it is necessary to access the web service www. aarkada.com and select the products, while accomplishing the technical steps by following the instructions displayed on the Website.

2.2. The selection of Goods ordered by the Client is made by adding them to the cart.

2.3. In the course of placing the Order, until the moment of pressing the ‘Place Order’ button, the Client may modify the data entered with regard to the selection of the Goods. In order to do so, the Client shall follow the instructions and information displayed on the Web service.

2.4. Registering in the Service is not necessary to place an Order in the Web Store.

2.5. After providing by the Client of the Web store of all the necessary data, an Order Summary shall be displayed. The Summary shall contain the following information:

  1. a) the type and amount Goods ordered,
  2. b) individual and net price of the Goods or services ordered, including shipment costs and extra costs (if they apply),
  3. c) selected payment method,
  4. d) selected shipment method.

2.5. In order to complete the Order it shall be necessary to accept these Terms of Use, to provide the personal information marked as compulsory and to press the ‘Place Order’ button.

2.6. Placing the Order by the Client shall be considered the declaration of intent to enter into the Sales contract with the operator of the Web store, in accordance with the Terms of Use.

2.7. After placing the Order, the Client shall receive an e-mail entitled ‘Confirmation of the order’, which shall be proof of the placement of a valid Order.

2.8. The Sales contract is considered executed the moment the Client receives the e-mail message, mentioned in the section above.

2.9. The Sales contract is conducted in the Polish language, the contents of which are in accordance with the Terms of Use.

2.10. The Web store reserves the right to cancel the Order if the Client does not complete payment for the Goods within three work days.

 

III. User registration

3.1  The Client may register in the Service by creating a user account. In order to do so, it shall be necessary to register an account on the web page www.aarkada.com and to accept the Terms of Use.

3.2 A valid registration requires the filling of all the compulsory fields of the registration form.

3.4 The processing of personal data, in accordance with the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Data Protection Directive),  shall be regulated by the Privacy Policy, which is avaiable to display under the address www.aarkada.com/privacy-policy.

3.5 The providing of personal data during registration or placing an Order is optional, however required to conduct the Sales contract, executed by the Client of the web store aarkada.pl with the operator. The Client has the right to access and amend his personal data, which they may also do through the user control panel.

3.6 The Client may, at any time and free of charge, choose to delete the user account and annul the contract to provide services via the aarkada.com web store.

3.7 Any complaints regarding the services provided by electronic means through the aarkada. com web store may be sent to the address biuro@aarkada.pl. Such a complaint shall be processed by the Seller in 14 days from the day it is received by the Seller.

 

  1. Shipment

4.1. The shipment shall be delivered to the address provided by the Client during the placing of the Order.

4.2. The operator shall make any reasonable effort to ensure the timely completion and shipment of the Order. The goods shall be shipped out in 1 to 3 work days from the day the Client completes the payment for the Order. The vast majority of orders is shipped out in 24 hours from their placement, any delays occuring rarely under extraordinary circumstances.

4.3. Delivery of the Goods is made through courier mail or by pick up by the Client. The costs of shipment are precisely listed during the placement of the order and displayed under the list of selected products. The total price incurred by the Client is the sum of all ordered products and the shipment costs.

4.4 Delivery time after handing out the shipment to the shipping agent depends on the type of delivery selected by the Client and is determined by the terms of use of individual shipping agents.

4.5. The writing down, securing, making available and confirming to the Client of the key terms of the Sales contract for the Goods is done via an e-mail sent to the Client and also via the printout  enclosed with the Delivery of the Goods or the receipt or VAT invoice.

 

  1. Prices and payment methods

5.1. The prices of the Goods are listed in Polish złoty (PLN) and include the VAT sales tax (with indication of tax rate).

5.2. The Client has the following payment options:

  1. a) wire transfer to the bank account number

04 1140 2004 0000 3702 7673 9881  Aarkada sp. z o.o..

  1. b) payment in the Przelewy24 system.
  2. c) cash on delivery, if indicated during placement of the Order.

 

  1. The right to renounce the Sales contract

6.1 The Client has the right to renounce the Sales contract during 14 days from the day the contract was entered into, without providing any reason.

6.2 The right to renounce the Sales contract is relinquished after 14 days from the day the Client came into posession of the Goods or another person, other than the shipping agent, indicated by the Client came into posession of the Goods.

6.3 In order to exercise the right to renounce the Sales contract, the Client shall inform the Store operator by way of unequivocal statement (e.g. via e-mail to the address: biuro@aarkada.com; or via traditional mail to the address: Aarkada, Kazimierza Wielkiego 7/5, 65-047 Zielona Góra).

6.4 In order to effectively renounce the Sales contract, it shall suffice to send out the statement to that effect within the 14 days provided.

6.5 Effects of renouncing the Sales contract

  1. a) In the event of renouncement of the Sales contract, the Shop shall return to the Client all of the payments received, including shipping costs, as soon as possible, and in any case no later than 14 days from the day the Shop had been informed of the Client’s decision to renounce the contract. The return of the payment shall be done via the same method the Consument had used to make the payment, except if the Client had expressely agreed to another method, which does not incur additional costs. The Shop may withhold the return of the payment until the Goods are returned or until the proof of return shipment is privided, whichever happens first.
  2. b) The Client is obliged to return the Goods to the Operator of the Web store as soon as practicable, but no later than 14 days from the day he renounced the Sales contract. It shall suffice to send out the Goods back to the Web Store within the 14 days provided.
  3. c) The right to renounce the Sales contract does not apply in cases of Contracts where the Goods are delivered in a sealed packaging, which may not be returned after opening due to health or hygienic reasons, if the packaging had been unsealed after delivery.
  4. d) In the event the Client renouncing the Sales contract chooses a method of returning the Goods other than the usual cheapest method offered by the Web Store, the Operator of the Web Store shall not be required to return the additional costs incurred by the Client.
  5. e) In case of renouncing the Sales contracts the Client who is a Consumer shall incur solely the direct costs of returning the Goods.
  6. f) The Client shall be held repsonsible for the diminishing of the value of the Goods resulting from usage which exceeds the scope needed to properly evaluate the nature, properties and functioning of the Goods.
  7. g) The Goods shall be returned to the following address:

Aarkada Sp. z o.o., Kazimierza Wielkiego 7/5, 65-047 Zielona Góra.

 

VII. Complaints about the Goods

7.1. Aarkada sp. z o.o. as the Seller shall be responsible to the Client being a Consumer as defined by sec. 22[1] of the Civil Code, for the faults of the Goods to the extent provided by the the Civil Code, especially sec. 556[1] to 556[3].

7.2. Complaints resulting from the violation of consumer rights guaranteed by the law or by these Terms of Use should be sent via email to the address biuro@aarkada.com, or via traditional mail to the address: Aarkada, Kazimierza Wielkiego 7/5, 65-047 Zielona Góra or by phone to the number +48 790220060.  Aarkada sp. z o.o. shall make any reasonable effort to process any complaint within 14 days from receiving, and if that proves impossible, to inform the Client about the estimated time of processing the complaint.

7.3. In case the Goods need to be return, they should be sent to the address: Aarkada, Kazimierza Wielkiego 7/5, 65-047 Zielona Góra. The shipping costs shall be refunded to the Klient in the complaint is determined to be valid.

7.4.In the case that the Goods are returned as a result of a complaint, the Web Store shall refund the Client the full cost of the Goods and the costs of shipment.

7.5. In the event that Aarkada sp. z o.o. is not the manufacturer of the product, the manufacturer shall be held responsible for faults in the product on the conditions and time period specified in the guarantee card. If the guarantee card provides such a possibility, the Client may file their complaints directly to the authorised service provider, whose address is indicated in the guarantee card.

 

VIII. Final provisions

8.1. Any legal proceedings resulting from the Sales contract between Aarkada sp. z o.o. and the Client who is a consumer as defined by sec. 22[1] of the Civil Code, shall be conducted before a court determined by the provisions of the Code of Civil Proceeding.

8.2. Any legal proceedings resulting from the Sales contract between Aarkada sp. z o.o. and the Client who is not a consumer as defined by sec. 22[1] of the Civil Code, shall be conducted before a court as applicable due to the company office of the Operator of the Web store.

8.3. In cases not provided for in these Terms of Use, the provisions of the Civil Code, the Law on the providing of services via electronic means and other provisions of Polish shall be applicable.