REGULATIONS OF ALWERO STORE

I INTRODUCTION

  1. ALWERO Sp. z o.o. with its registered offices in Hecznarowice (43-330), ul. Krakowska 1, is entered in the register of entrepreneurs at District Court in Bielsko-Biała, VIII Commercial Division of the National Court Register, KRS [National Court Register] no. 0000456429, NIP [tax id. no.] 9372666131, share capital: PLN 7 071,500.00 (paid up in whole), enables purchasing goods by electronic network (the Internet) – at the address: www.alwero.pl (“THE STORE”). The controller of personal data of customers of the Store is ALWERO Sp. z o.o. with its registered offices in Hecznarowice (43-300), ul. Krakowska 1.
  2. These Regulations are intended for all users of the Store and determine the principles of registering and using an account in the Store, the principles of making electronic reservation of goods available in the Store (“the GOODS”), placing orders in the Store as well as principles of concluding sale contracts of ALWERO goods.
  3. Each user of the Store may gain an access to the Store at any time, by “clicking” the link “Regulations”, placed at the Store webpage, as well as by saving a PDF version at selected data carrier.
  4. Information about the Goods in the Store, e.g. descriptions or prices, are an invitation to conclude a sale contract pursuant to art. 71 the Civil Code, according to the provisions of the Regulations.
  5. The Goods in the Store are specifically marked with reference numbers. At the webpage in particular there is information on properties of the Goods, price, and material from which they are made, etc.
  6. Photographs and presentations of offered products are for presentation of specifically indicated models of the Goods, indicated on them. Due to definition of photographs, there may be differences in colours.

II PRINCIPLES OF USING THE STORE AND CONCLUDING CONTRACTS FOR SALE OF GOODS

  1. ALWERO Sp. z o.o. enables concluding contracts for sale of the Goods by the Internet and renders other services stipulated by these Regulations.
  2. Contract for sale of goods is concluded between the Store user (“the Client”) and ALWERO Sp. z o.o. with its registered offices in Hecznarowice 43-330, ul. Krakowska 1.
  3. The condition of starting to use the Store is to become familiar with these Regulations and accepting them.
  4. Information given by the Client during placing an order should be true, up to date and accurate. ALWERO Sp. z o.o. reserves the right to refuse to process an order if the provided data is so inaccurate that make it impossible to process an order, in particular they disenable appropriate delivery of a parcel. Before ALWERO Sp. z o.o. refuses to process an order, the Store will try to contact with the Client to determine data in the scope allowing for implementation of the order.
  5. The Store will undertake all possible and prescribed by provisions of law technical and organizational means so as to protect personal data of the Clients, in particular preventing obtaining and modifying data provided during registration by unauthorised persons.
  6. The Client who used the Store is obliged:
  7. not to provide or transfer contents forbidden by provisions of law;
  8. to use the Store in a manner not disturbing its operations;
  9. not to send or place any unordered commercial information under the Store;
  10. to use the Store in a non-arduous manner for other clients and Store Administrator;
  11. to use the contents placed on the Store pages only for own purposes.

III CONCLUDING A SALE CONTRACT:

  1. The Store enables placing orders for the Goods in the following ways:
  2. at the webpage of the Store (online), using the procedure of placing an order,
  3. by email, sending an order indicating selected Goods at the address: sklep@alwero.pl
  4. The Store receives online orders 24/7. The orders by email are received from Monday to Friday, from 7 a.m. – 3 p.m. Orders placed on Saturdays, days off work and holidays will be processed on the first working day after placing an order.
  5. The Client may place an order without the need of registering their data permanently in the Store (the so-called shopping without registration).
  6. The condition for placing an order is filling a form with all necessary data which is necessary for shipment or system generating a VAT invoice or fiscal receipt.
  7. In order to place an order, choose the Goods in the Store, in particular their number, colours, sizes, and then go to “Cart” and continue the procedure of placing an order, by choosing an appropriate option.
  8. Until the moment of confirming the choice of Goods by clicking “Order and Pay”, the Client may change or introduce modifications in the Goods in the order, as well as contact details for shipment or an invoice. The Client’s confirmation of the order by clicking “Order and Pay” means acceptance of the obligation to pay the price of Goods and delivery costs, about which the Client will be informed directly before confirming the order.
  9. The Client’s confirmation of the order according to item 6 above constitutes the Client’s offer submitted to ALWERO Sp. z o.o. on concluding a contract for sale, according to the order, and this Regulations.
  10. As at the moment of placing the order, according to item 6 above, the Client will receive at given email address a message with information on placed order, quantity of the ordered Goods, order value, selected delivery and payment method, implementation time as well as the Client’s contact details, the Store, and information on filing a complaint on Goods as well as the Client’s right to withdraw from the sale contract. The above message is confirmation of receiving the Client’s purchase offer by the Store.
  11. The Store sends confirmation of receiving an order or refusal to accept the Client’s order offer, submitted by email (“Confirmation of implementation and shipment of the order”), at the indicated email address. After receiving the above confirmation, a sale contract for ordered Goods by the Client is concluded between the Client and ALWERO Sp. z o.o.
  12. The sale contract is concluded in the Polish language, of contents consistent with these Regulations and the order placed by the Client.
  13. Without prejudice to the Client’s right to withdraw from contract according to appropriate provisions of law, the Client may resign from the order before receiving the Store’s confirmation of taking the order for implementation, refereed to in item 9 above. In such a case, the Client should immediately contact the Store, also by phone, by email confirmation.
  14. If the Client chooses another payment option than “cash on delivery”, the Store reserves the right to refuse to process the order under sale contract if:
  15. the Purchaser’s contact details are so inaccurate that they disenable delivery of goods,
  16. the transaction was not authorised in the system of online payments Cashbill.pl,
  17. the payment for an order was not made within 2 days from placing the order.

IV DELIVERY AND COLLECTION OF GOODS

  1. The Goods are delivered to the address indicated by the Client in the order. The estimated delivery date of Goods is determined on the Goods data card and in order summary, before the Client confirms the order by clicking “Order and Pay”.
  2. The estimated delivery time to the Client, if courier shipment was selected within the Republic of Poland is 2 working days from the day after sending the shipment. The estimated delivery time and related costs if courier shipment was selected within the EU is every time determined by the Store and the Client is informed in a separate email about the actual date of sending the shipment. The minimum order processing period is 7 working days, but it never exceeds 20 days from concluding the sale contract. Start of processing the order may be delayed until the Store’s bank account is credited with the sale price (and possible shipment costs), if the Client selected online prepayment option (i.e. by Cashbill.pl or by standard bank transfer).
  3. The Goods are delivered to the indicated address, depending on the Client’s choice: by forwarding company GLS Poland or…. The payments for delivery of goods are given in the process of placing an order.
  4. All shipments are sent as an insured courier shipment.
  5. Orders of the value above PLN 500.00 (in words: five hundred) within the Republic of Poland are sent at the Shop’s cost. In other case, shipment costs of delivered Goods amount to:
  • delivery within the Republic of Poland – GLS Courier PLN 24.00 (in words: twenty-four), payable by the Client, about which the Client is also informed before confirming the placed order,
  • delivery within the EU depends on the delivery address (Country) and is each time is delivered by the Store, about which the Client is also informed before confirming the placed order.
  1. Proof of purchase is enclosed every time with the sent goods (a receipt or VAT invoice) as well as a form for exchange/return of the Goods.
  2. The Client may collect the ordered Goods at the goods collection point, in the seat of ALWERO Sp. z o.o. Store, with its registered offices in Hecznarowice 43-330, ul. Krakowska 1.
  3. You may collect the Goods from Monday to Friday from 08:00 a.m. to 2 p.m. Phone no. +48 33 845 19 25, internal 26, according to the following principles:
  4. in order to collect the ordered Goods in the goods collection point, choose the option “collection in goods collection point” at placing the order. The Client will be informed about the possibility to collect the ordered Goods by a text message. When collecting the ordered goods, the Client will be obliged to present the received text message to the person handing over the Goods as well as an id card in order to confirm the identity of the person placing an order and collecting the Goods,
  5. orders placed on working days until 4 p.m. with the option of collection at the goods collection point are usually ready to collection on the next working day, from 10 a.m.,
  6. the Goods ordered with the option of collection at the goods collection point may be collected within 7 days from receiving the text message with notification. The Client may try on the Goods collected at goods collection point and return the whole or part of order (withdraw from the sale contract in whole or in appropriate scope),
  7. you can pay for the Goods collected at the goods collection point also directly at collection, by cash or card. You can also collect goods at goods collection point for which you paid in advance,
  8. you can also return the Goods ordered in the Store and collected outside the goods collection point in goods collection point, executing the right to withdraw from the remote sale contract.
  9. The Clients are entitled to indicate the place for delivery of goods outside the Republic of Poland, with the following reservations:
  10. the delivery is made only within the territory of member states of the EU,
  11. the delivery is not made to overseas territories of the members states of the EU.
  12. The provisions of this Regulations will apply to processing of orders mentioned in item 9 above, with the following modifications:
  13. the period for processing of the order depends on the place of delivery, whereas usually it is minimum 7 working days from receiving the order,
  14. the costs of shipment of the Goods by GLS Courier is PLN 15.00 (in words: fifteen zlotys), except for countries of the European Union, where due to the need to transport abroad the shipment costs is calculated separately to a each country,
  15. the Client will not cover the costs of delivery of ordered goods if the total amount in a given order is equal or higher than PLN 500.00 (five hundred),
  16. the Goods will be delivered only by GLS,
  17. you can pay for the Goods only by online payment means,
  18. the costs of returning Goods after withdrawing from the sale contract will be covered by the Client,
  19. the Store does not direct its business activity outside the Republic of Poland and only enables Clients to indicate the member state of the EU as a shipment place, on the above terms.

V PRICES AND PAYMENT METHODS

  1. Information on the price of purchasing Goods is provided at the Store’s webpage and is binding as at the moment of the Client’s receiving an email with confirmation of accepting the order placed by the Client for purchase of the selected Goods, indicated in item III section 9. The above price will not change, regardless of change of prices in the Store, which may occur after confirming the order in the third email.
  2. The prices of Goods are provided in Polish zlotys and include all components, including VAT, duties and taxes.
  3. The Client will pay the price for ordered Goods with delivery costs, according to their choice:
  4. “cash on delivery”, to a courier from the courier company, at the delivery place,
  5. by a bank transfer, by electronic payment in Cashbill.pl system, before delivery. If the Client chooses prepayment option, failure to make a payment to Alwero Sp. z o.o. account or entities being intermediaries in the transaction (Cashbill.pl service) up to 2 days from placing the order, will cause order cancelation. In such a case, a Client may place an order once again and choose another payment method. Processing of the order paid by a bank transfer or a credit card will start after receiving the due amount for the Goods,
  6. if the Client chooses delivery outside the Republic of Poland, according to provisions of these Regulations, payment for Goods is possible only by electronic payment.
  7. ALWERO Sp. z o.o. reserves the right to change prices of Goods in the Store, introduce a new product to sale, conduct and withdraw from promotional campaigns at the Store webpages, or to introduce changes to them, according to provisions of the Civil Code and other Acts, whereas such amendments do not violate rights of persons who concluded sale contracts for the Goods offered by the Store, before introducing the above changes or rights of persons entitled to use a particular special offer, according to terms and conditions and in the period of their duration.
  8. When choosing a bank transfer as a payment method, the Client will be directed to payment form Cashbill.pl, whereas the payment may be made after previous Client’s acceptance of the terms and conditions of this payment method, provided by Cashbill.pl as a settlement agent.

VI COMPLAINTS ABOUT THE GOODS

  1. The Goods offered by the Store are factory-new and original. ALWERO Sp. z o.o. is responsible for physical and legal faults of the Goods, on terms from art. 556 and subsequent of the Civil Code.
  2. ALWERO Sp. z o.o. takes actions in order to provide fully appropriate operation of the Store, to the extent that results from current technical knowledge and undertakes to remove all irregularities, complained about by the Clients in a reasonable period.
  3. Each product purchased in the Store may be subject to the complaint, keeping dates and conditions of filing a complaint determined in applicable provisions of law, if a product has any faults, constituting non-compliance with concluded sale contract.
  4. You may file a complaint by post by sending the Goods with description of fault or complaint form, downloaded from the Store webpage and proof of purchase in the Store, by registered letter or another shipment, to the address: Sklep Internetowy ALWERO Sp. z o.o., ul. Krakowska 1, 43-330 Hecznarowice, with annotation: “Complaint e-store ALWERO.pl”. The Client will receive information about the manner of considering the complaint within 14 days from the day following the day in which the Store received a shipment with product subject to the complaint.
  5. If the product has faults, the Client is entitled to the following claims pursuant to art. 556 and art. 561 of the Civil Code:
  6. to submit a declaration on withdrawing from the Contract or lowering the product price, unless the Seller immediately and without undue inconveniences for the Client will exchange the product for the one free from faults or remove the fault, or
  7. to request for exchange of Goods for free from faults or to remove the fault.
  8. If the complaint is not admitted, the Goods will be returned with opinion on no grounds for complaint.
  9. If the Client finds out that the Goods were damaged during transport, it is recommended that the Client should draw up a damage report in the presence of the courier.
  10. Out-of-court manners of settling disputes.

VII RETURNING GOODS – WITHDRAWING FROM THE SALE CONTRACT

  1. The Client who is a consumer under appropriate provisions of law is entitled to withdraw from the sale contract without giving reasons, on the above principles.
  2. The date for withdrawing from the contract for sale of goods expires after 30 days from the day when the Client came into possession of the Goods or when a third party other than the carrier and indicated by the Client came into possession of the Goods.
  3. In order to execute the right of withdrawing from the contract, a Client should inform the Store about their decision on withdrawing from the contract by unambiguous declaration (e.g. a letter sent by post, fax or email), sent to: ALWERO Sp. z o.o. ul. Krakowska 1, 43-330 Hecznarowice.
  4. Clients may use a sample form, which they may access by email, sent directly after confirming the order, but it is not obligatory. Clients may also fill in and send a scanned form of withdrawing from contract or any other unambiguous declaration by email, to the address: sklep@alwero.pl. If the Client uses such a possibility, the Store will immediately send to the Client a confirmation of receiving information on withdrawing from the contract, on read only data carrier (e.g. email).
  5. In order to keep the date for withdrawing from the contract it is sufficient for the Client to send information on exercising their right to withdraw from the contract after expiration of the date for withdrawal.
  6. The Client sends back Goods to which the withdrawal relates, to the following address: Sklep Internetowy ALWERO Sp. z o.o. ul. Krakowska 1, 43-330 Hecznarowice immediately, and not later than 14 days from the day in which the Client informed the Store about withdrawing from this contract. The date is kept if the Client sends back the Goods before expiration of 14 days.
  7. The Client will cover direct costs of returning Goods.
  8. In the case of withdrawing from the contract, the Store will return to the Client all the obtained payments, including the costs of delivering goods (except additional costs resulting from the delivery manner selected by the Client, other than the cheapest normal manner of delivery, offered by the Store), immediately, and not later than within 14 days from the day when the Store was informed about the Client’s decision on exercising the right to withdraw from the contract.
  9. The Client’s payment will be returned by the same payment means as the Client used during purchasing, unless the Client explicitly agreed to another solution; any time the Client will not bear any payments in relation to the return. The Store may abstain from returning money until it receives the products or until the Store receives confirmation of sending products, whichever occurs earlier.
  10. The Clients will only be responsible for reducing the value of returned Goods resulting from using them in other manner than it was necessary to verify the nature, features and operation of the product.
  11. The Client may also return the Goods after exercising the right to withdraw by delivering the Goods to the seat of ALWERO Sp. z o.o.

VIII INFORMATION ON SERVICES RENDERED BY ELECTRONIC MEANS

  1. The Store renders to Clients the following services by electronic means:
  2. enables online conclusion of contracts for sale of Goods in the Store, according to these Regulations,
  3. enables creating the Client’s accounts in the Store,
  4. sending the ordered commercial information concerning the Goods,
  5. The Client is entitled to withdraw from contracts for sale of Goods according to applicable provisions of law and on terms determined in these Regulations. What is more, the Client is entitled to at any time request for withdrawing from rendering services indicated in section 1 item 1 subitems b) and c) above by the Store.
  6. Technical conditions for the Store rendering electronic services are as follows:
  7. access to the Internet,
  8. using web browser enabling editing hypertext documents (for instance Internet Explorer, Opera, FireFox and other similar),
  9. having sn email account.
  10. Complaints concerning services rendered by the Store by electronic means may be filed by sending a complaint to the address of the Store’s Client Service Centre (sklep@alwero.pl) or by phone (tel. 33 845 19 25). The Client’s complaint should contain marking of the Service User and a short complaint description. The Store will do its best to process the filed complaints soon as possible, but not later than 14 days from the Store’s receiving the complaint. The Client will be informed about the manner of processing complaint, according to the Client’s choice – by telephone or email to the address indicated by the Client.
  11. ALWERO Sp. z o.o. informs you that depending on the settings of the Client’s web browser, it may introduce cookies files to IT system, which the Client uses, which are not components of contents of services rendered by the Store, and which enable later identification of the Client who enters the Store webpages and used by the Store to enable the Client using the Store, as well as in order to monitor traffic of Clients on the Store’s webpages. The Client at any time may disenable the possibility of using cookies by the Store, by appropriate settings in their web browser.

IX INFORMATION ON PROCESSING PERSONAL DATA OF THE STORE USERS BY ALWERO SP. Z O.O.

  1. The following information is also available to the User as at the moment of collecting their personal data at webpages of the Store.
  2. The controller of personal data of a User of the Store is ALWERO Sp. z o.o. with its registered offices in Hecznarowice. The controller processes personal data of the Store Users according to General Data Protection Resolution of 27 April 2016 (“the GDPR”).
  3. Contact to Inspector for Data Protection: iod@alwero.pl or: Inspektor Ochrony Danych ALWERO Spółka z ograniczoną odpowiedzialnością, ul. Krakowska 1, 43-330 Hecznarowice.
  4. Personal data of the Store Users are processed, among others in the following scope:
  5. to perform contracts for sale of Goods, concluded with the User – the basis for processing data in this case will be the contract concluded with Controller, by accepting Regulations of the Store,
  6. to hold an account of the Store User – the basis for processing data in this case will be the contract concluded with Controller, by creating an account and accepting Regulations of the Store,
  7. to conduct complaint processes – in this case the basis for processing is the Controller’s obligation resulting from provisions concerning implied warranty for defects of sold object;
  8. for commercial purposes, if you give a separate consent for that, by sending to your email address commercial information on the Goods offered for sale in the Store, including special offers – in this case the basis for processing is your consent, which is not obligatory and which you may withdraw at any time, contacting at the above contact details or clicking the link which we send in each email containing commercial information. Withdrawing your consent does not have an influence on appropriateness of data processing in the scope before withdrawing it.
  9. for sending individualized marketing messages to the User at Store webpage, e.g. in the form of suggestions of purchasing the Goods with application of profiling. The messages will be prepared on the basis of analysis of purchases made by the User – the basis for processing User’s data in this case will be legally justified interest of the Controller, which consists in marketing of the Goods offered in the Store;
  10. for marketing purposes – to the delivery address given by the User, the Controller from time to time may send information on offer of the store Answear.com or offer of its commercial partners – the basis for processing personal data of the User in this scope will be legally justified interest of the Controller or its partners, which consists in marketing of Goods indicated in the offer; the User may at any time oppose processing their personal data in the above scope, contacting the Store,
  11. for statistical purposes for external needs of the Controller – in such a case, the basis for processing will be legally justified interest of the Controller which consists in collecting information allowing for developing business activity and adjusting services for the needs of the Store Users,
  12. for confirming fulfilment of obligations by the Controller and pursuing claims or protection from claims, which may be directed against the Controller, to prevent or detect frauds – the basis for processing User’s data in this case will be legally justified interest of the Controller, which is protection of rights, confirmation of performing obligations and obtaining from that due remuneration from the Controller’s clients.
  13. When doing shopping in the Store, the User provides particular personal data, necessary for performing sale contract. Refusal to provide the data necessary to process the order will result in lack of possibility to perform the sale contract by the Store. It is not a obligatory to give consent for receiving commercial information to the given email address or telephone no. for performance of the contract for sale of the Goods. If you give your consent, you may withdraw it at any time. Withdrawing the consent does not affect consistency with right to process it before withdrawal.
  14. The Controller will make available personal data of the User to entities which cooperate with us while performing the sale contract of purchases Goods by the User, including collection, payment for purchased Goods, as well as delivering Goods.
  15. Personal data provided by the User will be processed in the period necessary for performing the sale contract, as well as complaint claims, and confirmation of fulfilling the Controller’s obligations and handling claims as well as protection from claims, which may be directed against the Controller – but not longer than 10 years from providing the Controller with the User’s data.
  16. The Controller applies IT and organizational protection in order to minimise the risk of data leakage, its suspension, disintegration, such as: firewall system, antivirus and antispam system protections, internal access procedures, processing data and disaster recovery, as well as backup copies on many levels. The Store provides a very high level of security thanks to Web application firewall (WAF) and system of protections from attacks such as DDoS, high level of encrypting connection HTTPS/SSL according to assumed best practices, cooperates with carefully selected deliverer of hosting services who has certificates in managing quality ISO 9001 and AGAP-2110 requirements, as well as a certificate for managing information safety, according to ISO-IEC 27001 norms.
  17. Under principles determined in the GDPR, the User is entitled to the following rights in relation to processing its personal data by the Controller in relation to keeping the Store: the right to access data, update it, the right to request for moving data, its removal, filing an objection concerning processing data as well as the right to demand for limiting its processing.
  18. The User is entitled to file a complaint to the President of the Personal Data Protection Office in relation to processing personal data of the User by the Controller.

X FINAL PROVISIONS

  1. Failure to accept the provisions of these Regulations makes it impossible to purchase the Goods offered by the Store. The Store enables the Client to read the Regulations while placing an order. The Clients who have account in the Store will be informed about changes of the Regulations by email. A Client who does not accept the changes introduced to the Regulations is entitled to delete the account at any time.
  2. Provisions of the Polish law will apply to the contract for sale of the Goods in the Store. The contract is concluded in Polish.
  3. In all matters not settled herein, the provisions of the Civil Code or provisions of other legal acts on activity and operation of the Store will apply.
  4. The Court having its jurisdiction over the seat of ALWERO Sp. z o.o. will settle any possible disputes.
  5. ALWERO Sp. z o.o. reserves the right to introduce changes to the Regulations at any time. The changes to the Regulations apply to orders placed after introducing a particular change to these Regulations, with a reservation of provisions of section 3 above.
  6. All trademarks and company names placed in the Store belong to legal owners and were published for information purposes.

Published on 23.05.2018

ALWERO Sp. z o.o.

pHONE

+(048) 33 845 19 25

Address

str. Krakowska 1 43-330 Hecznarowice POLAND

ALWERO Sp. z o.o.

pHONE

+(048) 33 845 19 25

Address

str. Krakowska 1 43-330 Hecznarowice POLAND