Terms of Use

I. General provisions

1. These Rules and Regulations define general conditions, the manner of providing services by electronic means and sales conducted via the Online Store www.118reform.com. The store is run by Kamil Pawlicki carying on a business under the name of PRZEDSIĘBIORSTO WIELOBRANŻOWE “PAWLICKI” KAMIL PAWLICKI entered in the Register of Businesses of the Central Register and Information on Economic Activity maintained by the Minister of Entrepreneurship and Technology at Psarskie, ul. Sikorskiego 106, 63-100 Śrem, NIP (Tax ID) 7851662526, REGON 411539672, hereinafter referred to as the Seller.
2. The Seller can be contacted at:
   1. email: [email protected];
   2. phone: +48 505 111 182.
3. These Rules and Regulations are continuously available on the website www.118reform.com and can be obtained, reproduced and recorded by printing or saving them on a device at any time.
4. The Seller hereby informs that the use of services provided electronically may involve a threat on the part of every Internet user, consisting in the possibility of introducing malware into the IT system of the Client and obtaining and modifying its data by unauthorized persons. To avoid the above-mentioned risks, the Client should use appropriate technical measures that minimize their occurrence, in particular anti-virus programs and a firewall.

II. Definitions

The terms used herein are defined as follows:

1. Business days – days from Monday to Friday, excluding public holidays;
2. Client – a natural person who has full legal capacity for acts in law, a natural person running a business, a legal person or an organizational unit that is not a legal person but which is granted legal personality under specific legal provisions, who places an Order in the Online Store or uses other Services available in the Online Store;
3. Civil Code – the act of 23 April 1964 (J of Laws no. 16, item 93 as amended);
4. Account – a part of the Online Store assigned to a given Client, by means of which the Client may perform specific actions in the Online Store
5. Consumer – a Client who is a consumer within the meaning of Article 221 of the Civil Code;
6. Entrepreneur – a Client who is an entrepreneur within the meaning of Article 431 of the Civil Code;
7. Rules and Regulations – this document;
8. Goods – products presented in the Online Store; for each product there is a description available;
9. Contract of Sale – a Contract for the Sale of Goods within the meaning of the Civil Code, made between the Seller and the Client;
10. Services – services provided by the Seller to Clients via electronic means within the meaning of the provisions of the Act of 18 July 2002 on the provision of electronic services (J of Laws no. 144, item 1204, as amended);
11. Act on consumer rights – the Act of 30 May 2014 on consumer rights (J of Laws 2014, no. 87);
12. Act on rendering services electronically – Act of 18 July 2002 on rendering services electronically (J of Laws, no. 144, tem 1204 as amended);
13. Order – Client’s declaration of will made directly with the aim of entering into a Contract of sale, specifying the type and amount of Goods.

III. Terms of use

1. Using the Online Store is possible provided that the IT system used by the Client meets the following minimum technical requirements:
   1. a computer or a mobile device with internet access,
   2. access to electronic mail,
   3. web browser Internet Explorer version 11 or newer, Firefox version 28.0 or newer, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1. or newer,
   4. enabling cookies and Javascript in the browser.
2. Using the Online Store means any activity of the Client, which results in the Client reading the content presented in the Store.
3. The Client is obliged in particular:
   1. not to provide or forward content prohibited by law, e.g. contents that promote violence, contents of defamatory nature or violating personal rights and other third-party rights,
   2. to use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
   3. not to take actions such as: sending or posting unsolicited commercial information within the Online Shop (spam),
   4. to use the Online Store in a way that is not inconvenient for other Clients and for the Seller,
   5. to use any content posted on the Online Store only for personal use,
   6. to use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the terms contained in these Rules and Regulations, as well as the general principles of using the Internet.

IV. Services

1. The Seller makes available the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
2. Account maintenance service in the Online Store is available after registration. Registration takes place by completing and accepting the registration form, which is available on one of the websites of the Online Store. The contract for the provision of a service consisting in running an Account in the Online Store is concluded for an indefinite period and terminates when the Client sends a request to delete the Account or uses the “Delete Account” button.
3. The Seller has the right to hold occasional competitions and promotions, the terms of which will always be provided on the Store’s website. Promotions in the Online Store cannot be combined, unless the Terms of a given promotion provide otherwise.
4. If the Client breaches the provisions of these Rules and Regulations, the Seller after prior ineffective demand to stop or eliminate the breach and having set a proper deadline, may terminate the contract for the provision of Services with a 14-day notice period.

V. Conclusion of Contract of sale

1. Information about the Goods provided on the Store’s websites, in particular their descriptions, technical and functional parameters and prices constitute an invitation to enter into a contract, within the meaning of Article 71 of the Civil Code.
2. All Goods available in the Online Store are brand new, free from physical and legal defects, with the exception of second-hand goods that may have defects indicated in the description. All Goods have been legally introduced on the Polish market.
3. The condition for submitting the Order having an active e-mail account.
4. When placing an Order through the Order form available on the Online Store website, the Order is made to the Seller by the Client electronically and constitutes an offer to conclude a Contract for sale of Goods being the subject of the Order. An offer submitted electronically binds the Client if the Seller sends a confirmation of acceptance to the Client’s e-mail address provided for by the Client, which constitutes the Seller’s declaration on accepting the Client’s offer and upon its receipt by the Client a Contract of sale is concluded.
5. A contract of sale is concluded in English, with the content in accordance with the Rules and Regulations.

VI. Delivery

1. The delivery of the Goods takes place within the European Union as well as outside its borders and is made to the address indicated by the Client during Order placement.
2. The Client may choose the following forms of delivery of the ordered Goods:
   1. via a courier company.
3. The Seller on the Store’s websites notifies the Client about the shipping costs for the delivery of Goods.
4. The time of delivery and execution of the Order is counted in Business Days in accordance with section VII point 2. 5.
5. The Seller provides the Client with a proof of purchase.
6. If, for the Goods contained in the Order, different execution dates are expected, the entire Order will be made within the longest period expected.
7. The Client is obligated to open the package with a courier to make sure the Goods delivered are not damaged due to the transport.
8. Prices – delivery only up to 3 models.

Shipping rates for specific countries as seen below refer to 1 model package.
Every additional model cost + €2.*

*Except shipping to: Zone7

Example:

1 model shipping to Finland = €25
3 models shipping to Finland = €25 + €2 + €2 = €29

Zone1 – Poland: €5

Zone2 – Austria, Belgium, Czech Republic, Denmark, Estonia, Lithuania, Latvia, Germany, Slovakia, Hungary: €18

Zone3 – Finland, France, Ireland, Luxemburg, Slovenia, Sweden, the Netherlands, the United Kingdom and Northern Ireland: €25

Zone4 – Bulgaria, Italy, Portugal, Romania, Spain: €27

Zone5 – Croatia: €29

Zone6 – Greece: €36

Zone7 – Norway, United States: €50 (+€10 for every additional model)

VII. Prices and payment methods

1. Prices are given in euros and are inclusive of all elements, including VAT, customs and other fees.
2. The Client may choose the following payment methods:
   1. bank transfer to the Seller’s bank account; the bank account details will be sent to the Client via e-mail after placing the order (in this case, the Order will be processed after the Seller sends the Client the confirmation of acceptance of the Order, and the shipment will be made immediately after receipt of the funds to the Seller’s bank account and completing the Order);
   2. online payment (in this case, the processing of the Order will begin after the Seller sends the confirmation of the Order and after the Seller receives information from the billing agent system about the payment made by the Client, and the shipment will be made immediately after completing the Order)
3. The Client is obliged to make the payment for the Order within 5 days from the date of placing the order. If the Client fails to pay by this deadline, the Seller, after prior ineffective payment demand, may withdraw from the Contract pursuant to Article 491 of the Civil Code.

VIII. The right to withdraw from the Contract

1. A Client who is a Consumer may withdraw from the Contract without giving a reason by submitting a proper declaration within 14 days. To comply with this deadline, it is enough to send the declaration before the expiry of the time limit.
2. The Client may write the declaration in his/her own words or use the template made available by the Seller on the Store’s website.
3. The 14-day period will run from the day on which the Goods were delivered or in the case of the Contract for the provision of Services from the date of its conclusion.
4. Upon receipt of a declaration of withdrawal from the Contract by the Consumer, the Seller shall send to the Consumer’s e-mail address a confirmation of receipt of the declaration to withdraw from the Contract.
5. The Client’s right to withdraw from the Contract is excluded in the event of:
   1. provision of services, if the Seller has fully provided the service with the express consent of the Consumer who has been informed before the provision began that after the Seller renders the performance, the Consumer will lose the right to withdraw from the Contract;
   2. a Contract in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the Contract;
   3. a Contract whose subject are non-prefabricated Goods, manufactured according to the Consumer’s specification or serving to satisfy his/her individual needs;
   4. a Contract whose object are Goods which after delivery, due to their nature, are inseparably connected with other items.
6. In the event of withdrawal from the Contract concluded at a distance, the Contract is considered void. What the parties have rendered is returned in an unaltered state, unless a change was necessary to establish the nature, characteristics and functionality of the Goods. The return should take place without undue delay, not later than within 14 days. The purchased Goods should be returned to the Seller’s address.
7. The Seller shall withhold reimbursement of payments received from the Client until receipt of the items or delivery of proof of its return by the Client, depending on which event occurs first, unless the Seller has offered to pick up the item from the Client. The Seller shall promptly, but no later than within 14 days from the date of receipt of the item, return to the Consumer all payments made by the Consumer, including the cost of delivering the Goods. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer agrees to a different method of return which will not involve any additional costs for the Consumer.
8. If the Consumer has chosen a method of delivery of the Goods other than the cheapest usual delivery method offered by the Seller, the Seller shall not be obliged to refund the additional costs incurred by the Consumer.
9. The Client bears only the direct cost of returning the Goods, unless the Seller agreed to incur this cost.

IX. Complaints concerning Goods in respect of implied warranty

1. The Seller undertakes to deliver the Goods without defects, with the exception of second-hand goods that may have defects indicated in the description.
2. The Seller is liable to the Client who is a Consumer under the implied warranty for defects under the terms specified in Articles 556-576 of the Civil Code. In relation to Clients who are Entrepreneurs, the implied warranty is excluded. In the case of second-hand Goods, in accordance with Article 568(1) of the Civil Code, the implied warranty period is 1 year.
3. Complaints arising from the infringement of the rights of the Client guaranteed by law or under these Rules and Regulations should be directed to the following address: Przedsiębiorstwo Wielobranżowe PAWLICKI Kamil Pawlicki, Psarskie, ul. Sikorskiego 106, 63-100 Śrem, to the e-mail address: [email protected].
4. In order to process the complaint, the Client should send or deliver the Goods complained about, and attaching, if possible, a proof of purchase. Goods must be delivered or sent to the address indicated in point 3.
5. The Seller undertakes to examine each complaint within 14 days.
6. In the event of any defects in the complaint, the Seller will request the Client to promptly remove them within the necessary scope, but no later than within 7 days from the date the Client received the request.

X. Complaints concerning the electronic provision of services

1. The Client may file complaints with the Seller in relation to the functioning of the Store and the use of the Services. Complaints may be submitted in writing to the following address: Przedsiębiorstwo Wielobranżowe PAWLICKI Kamil Pawlicki, Psarskie, ul. Sikorskiego 106, 63-100 Śrem, to the e-mail address: [email protected].
2. In the complaint, the Client should provide his/her name and surname, correspondence address, type and description of the problem.
3. The Seller undertakes to examine each complaint within 14 days, and if it was not possible, to inform the Client during this period, when the complaint will be examined. In the event of any defects in the complaint, the Seller will request the Client to remove them within the necessary scope within 7 days from the date the Client received the request.

XI. Out-of-court settlements of complaints and enforcement of claims

1. A Client who is a Consumer has, among others, the following options to use extrajudicial methods of examining complaints and pursuing claims:
   1. the Client may apply to a permanent arbitration consumer court operating at the Trading Standards Agency (Inspekcja Handlowa) with a request to settle the dispute arising from the concluded Contract of Sale;
   2. the Client may ask the provincial (wojewódzki) inspector of the Trading Standards Agency to initiate mediation proceedings regarding the amicable settlement of the dispute between the Client and the Seller;
   3. the Client can get free assistance in settling the dispute between the Client and the Seller, also using the free help of the district (powiat) consumer ombudsman or social organization, whose statutory tasks include protection of consumers (including Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation under the free consumer helpline number +48 800 007 707 and by the Polish Consumer Association at email [email protected];
   4. the Client may file the complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

XII. Personal data protection

The Clients’ personal data is collected and processed by the Seller in accordance with applicable laws and in accordance with the Privacy Policy, available on the Store’s website.

XIII. Final provisions

1. All rights to the Online Store, including economic rights, intellectual property rights to its name, internet domain, website of the Online Store, as well as to forms and logos belong to the Seller, and they may be used only in a specified manner and in accordance with the Rules and Regulations.
2. Settlement of any disputes arising between the Seller and the Client who is a Consumer, is subject to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
3. Settlement of any disputes arising between the Seller and the Client who is an Entrepreneur, is subject to the court having jurisdiction over the registered office of the Seller.
4. In matters not covered by these Rules and Regulations, the provisions of the Civil Code, the provisions of the Act on rendering services electronically, the Act on Consumer Rights and other relevant provisions of the Polish law will apply.
5. Every Client will be informed about any changes to these Rules and Regulations through information on the main page of the Online Store containing a list of changes and the date of their entry into force. Clients who have an Account will be additionally informed about changes along with their listing in a message sent to the e-mail address indicated by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their publication. In the event that the Client who has an Account does not accept the new content of the Rules and Regulations, he/she is obliged to notify the Seller about this fact within 14 days from the date of being informed about the change of the Rules and Regulations. Notification of the Seller about the lack of acceptance of the new Rules and Regulations results in the termination of the Contract.

Instructions concerning withdrawal from contract of sale

(information concerning the exercise of the right to withdraw from a contract of sale)

The right to withdraw from the contract

Please be advised that you have the right to withdraw from this contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from conclusion of the contract.

To exercise the right to withdraw from the contract, please inform Przedsiębiorstwo Wielobranżowe PAWLICKI Kamil Pawlicki, Psarskie, ul. Sikorskiego 106, 63-100 Śrem, email: [email protected] about your decision to withdraw from this contract by way of an unambiguous declaration (for example, a letter sent by post or e-mail).

You can use the withdrawal form template, but it is not mandatory.

To keep the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract lapses.

Effects of withdrawal from the contract

In the event of withdrawal from this contract, the Account is deleted along with all data provided by you and it will not be possible to use the services provided as part of the Account

List of service providers we use when operating the Online Store

Templates to use:

Contract for service provision – withdrawal template

Contract form – withdrawal template

Electronic provision of services – complaint template

Notice of defect – complaint template