Conclusion of the contract between the Buyer and the Seller may take place in two ways.
The Buyer has the right, before placing the order, to negotiate all provisions of the contract with the Seller, including those amending the provisions of the following terms. These negotiations should be conducted in writing and sent to the address of the Seller (“KoVis & Guziczek Konrad Wiśniewski the owner of the A oui viens brand Świerkowa 22 08-110 Siedlce). In the event of the Buyer’s resignation from the possibility of concluding a contract by means of individual negotiations, the following regulations and applicable law.
10. Code of good practice – a set of rules of conduct, in particular ethical and professional standards, referred to in Article 2, point 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
11. Consumer – an adult natural person with full legal capacity, making a purchase from the Seller not directly related to its business or professional activity.
12. Basket – a list of products made from the products offered in the store based on the Buyer’s choices.
13. Buyer – both Consumer and Customer.
14. Place of delivery – postal address or collection point indicated in the order by the Buyer.
15. The moment of delivery – the moment at which the Buyer or a third party designated by him to take possession will take possession of it.
16. ODR internet platform – an EU website based on Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online system for the resolution of consumer disputes and amending Regulation (EC) No. 2006/2004 and the Directive 2009/22 / EC and available at https://webgate.ec.europa.eu/odr
17. Payment – method of payment for the subject of the contract and delivery.
18. Authorized entity – an entity authorized to out-of-court resolution of consumer disputes within the meaning of the Act on Out-of-court resolution of consumer disputes of September 23, 2016, as amended.
19. Consumer law – the Consumer Rights Act of 30 May 2014.
20. Product – the minimum and indivisible number of items that can be the subject of the order, and which is given in the Seller’s shop, as a unit of measure in determining its price (price / unit).
21. Subject of the contract – products and delivery being the subject of the contract.
22. Object of the service – subject of the contract.
23. Collection point – the place of delivery of the goods not being a postal address, listed in the list provided by the Seller in the store.
24. Register of UOKiK ¬ – register of authorized entities kept by the Office of Competition and Consumer Protection based on the Act on Out-of-court resolution of consumer disputes of 23 September 2016, as amended, and available at this address.
25. Thing – a movable thing that may or may be the subject of a contract.
26. Shop – Internet service available at aouiviens.com via which the Buyer can place an order.
27. Seller: “KoVis & Guziczek Konrad Wiśniewski ul. Świerkowa 22 08-110 Siedlce NIP 8212647851 REGON 365322229 BANK ACCOUNT: 35 1240 5211 1111 0010 7134 8668
28. System – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunications networks using the end device appropriate for a given type of network, commonly referred to as the Internet.
29. Completion date – number of hours or working days on the product card.
30. Contract – an agreement concluded outside the business premises or at a distance within the meaning of the Act on consumer rights of 30 May 2014 in the case of Consumers and a sales contract within the meaning of art. 535 of the Civil Code of April 23, 1964 for Buyers.
31. Defect – both physical defect and legal defect.
32. Physical defect – non-conformity of the item sold with the contract, in particular, if the item:o it does not have properties that this kind of thing should have due to the purpose of the contract marked or resulting from the circumstances or destination;o no properties about which the Seller provided the Consumer,o is unsuitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections as to its intended use;o has been delivered to the Consumer in an incomplete state;o in case of improper installation and commissioning, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;o it does not have the characteristics provided by the manufacturer or his representative or person who places the product on the market as part of his business and a person who, by displaying his name, trademark or other distinctive sign, presents himself as a producer, unless the Seller did not know these assurances or, judiciously, could not know or they could not affect the consumer’s decision to conclude the contract, or if their content was corrected before the conclusion of the contract.
33. Legal defect – a situation when a sold item is owned by a third party or is encumbered with the right of a third party, and if the restriction in the use or disposal of an item results from a decision or ruling by a competent authority.
34. Order – Buyer’s declaration of intent made through the store specifying clearly: the type and quantity of products; type of delivery; payment method; place of issue of things, details of the Buyer and aiming directly at concluding an agreement between the Buyer and the Seller.
§2 General conditions
1. The contract is concluded in Polish, in accordance with Polish law and these regulations.
2. The place of delivery must be on the territory of the Republic of Poland.
3. The seller is obliged and undertakes to provide services and deliver items free from defects.
4. All prices quoted by the Seller are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
5. All deadlines are calculated in accordance with art. 111 of the Civil Code, i.e. the period marked in days ends on the last day, and if the beginning of the period marked in days is an event, it is not taken into account when calculating the date of the day on which the event occurred.
6. Confirmation, disclosure, consolidation, security of all material provisions of the contract in order to gain access to this information in the future takes place in the form of: about order confirmation by sending to the indicated e-mail address: order, pro forma invoice, information about the right to withdraw from the contract, these regulations in pdf version, the model withdrawal form in pdf version, links to self-download the regulations and the pattern of withdrawal ; for joining the order completed, sent to the indicated place of issue of printed items: proof of purchase, information about the right to withdraw from the contract, these regulations, the model withdrawal form.
7. The Seller informs about the guarantees granted to him by third parties for products in the store.
8. The Seller does not charge any fees for communication with him using means of distance communication, and the Buyer shall bear its costs in the amount resulting from the contract he concluded with a third party providing for him a specific service enabling remote communication.
9. The Seller provides the Buyer using the system with the correctness of the store’s operation in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution of over 1024 px. The use of third party software affecting the functionality and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari can affect the correct display of the store, therefore, to get the full functionality of the store www.aouiviens.com
10. The Buyer may use the option of remembering his data by the store in order to facilitate the process of placing another order. For this purpose, the Buyer should provide the username and password necessary to access his account. The login and password are a sequence of characters determined by the Buyer, who is obliged to keep them secret and to protect against unauthorized access by third parties. The buyer has the ability to view, correct, update data and delete the account at any time.
11. The Seller applies to the Code of Good Practice.
12. The buyer is obliged to:not to provide or forward content prohibited by law, e.g. content that promotes violence, defamatory or violates personal rights and other rights of third parties,about using the store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,for not taking actions such as: sending or placing unsolicited commercial information (spam) as part of the store,about using the store in a way that is not inconvenient for other Buyers and for the Seller,on the use of all content contained within the store only for personal use,about using the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as the general principles of netiquette.
§3 Conclusion of the contract and implementation
1. Orders can be placed 24 hours a day.
2. In order to place an order, the Buyer should perform at least the following steps, some of which can be repeated many times:for adding a product to the basket;about choosing the type of delivery;for choosing the type of payment;about the choice of the place of issue of the item;for placing orders in the store.
3. Conclusion of the contract with the consumer takes place at the moment of placing the order.
4. The Customer’s order shall be paid immediately, and the order shall be paid by bank transfer or electronic payment system after the Consumer’s payment has been credited to the Seller’s account, which should take place within 5 days of placing the order, unless the Consumer was unable to meet the no fault of his and informed the Seller about it.
5. Available forms of payment: cash on delivery, online bank transfer.
6. The conclusion of the contract with the customer takes place at the time of acceptance of the order by the seller, about which he informs the customer within 48 hours of placing the order.
7. The fulfillment of the Customer’s order may depend on the payment of all or part of the value of the order or obtaining the merchant credit limit at least the value of the order or the Seller’s consent for sending the order on delivery (payable upon delivery).
8. Sending the subject of the contract takes place within the period specified on the product card, and for orders placed from many products in the longest term from the products specified on the cards. The period starts from the moment the order is processed.
9. The purchased subject of the contract is, along with the sales document selected by the Buyer, sent to the place of delivery of the item selected by the Buyer, selected by the Buyer in the order, along with attached attachments referred to in § 2 point 6b.
§4 The right to withdraw from the contract
1. The consumer is entitled pursuant to art. 27 of the Consumer Law, the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 of Consumer Law.
2. The deadline to withdraw from a distance contract is 14 days from the date of delivery of the item, and it is sufficient to send a statement before its expiry.
3. A declaration on withdrawal from the contract may be submitted by the Consumer on the form provided in the Delivery & Returns tab or in another form consistent with the Consumer Law.
4. The Seller shall promptly confirm to the Consumer by e-mail (provided at the conclusion of the contract and another, if given in the submitted statement) receipt of a declaration of withdrawal from the contract.
5. In the event of withdrawal from the contract, the contract is considered null and void.
6. The consumer is obliged to return the item to the Seller immediately, but not later than within 14 days from the day on which he rescinded the contract. To meet the deadline, it is enough to send back the items before its expiry.
7. The consumer sends back the items being the subject of the contract, from which he resigned at his own expense.
8. The consumer does not bear the costs of providing digital content that is not recorded on a tangible medium, if he did not agree to the performance before the deadline to withdraw from the contract or was not informed about the loss of his right to withdraw from the contract at the time of such consent or the entrepreneur did not provide confirmation in accordance with art. 15 para. 1 and art. 21 par. 1. Consumer law.
9. The consumer is liable for the decrease in the value of the object being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
10. The Seller shall promptly, not later than within 30 days of receipt of the declaration of withdrawal from the contract submitted by the Consumer return to the Consumer all payments made by him, including costs of delivering goods to the Consumer, and if the Consumer chose the delivery method other than the cheapest standard delivery method offered by the Seller, the Seller shall not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law.
11. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has explicitly agreed to a different payment method which does not involve any costs for him. If there is a need to return funds for a transaction made by the customer with a payment card, the seller will be refunded to the bank account assigned to the payment card of the Ordering Party
12. The Seller may withhold reimbursement of the payment received from the Consumer until receipt of the item back or delivery by the Consumer of proof of its return, depending on which event occurs first.
13. The consumer, pursuant to Article 38 of the Consumer Law, shall not be entitled to withdraw from the contract:o 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 to withdraw from the contract;o in which the object of the service is a non-prefabricated item, manufactured according to the consumer’s specification or serving to satisfy his individual needs;o in which the object of the service is an item subject to rapid deterioration or having a short shelf-life;o in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;o in which the object of the service are things that after delivery, due to their nature, are inseparably connected with other things;o in which the object of the service are sound or visual recordings or computer programs delivered in a sealed package, if the packaging has been opened after delivery;o for delivery of digital content that is not recorded on a tangible medium if the performance commenced with the Consumer’s express consent before the deadline for withdrawal and after informing the entrepreneur about the loss of the right to withdraw from the contract;for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement.
1. The Seller pursuant to art. 558§1 of the Civil Code completely excludes liability to customers due to physical and legal defects (warranty).
2. The Seller is liable to the Consumer on the terms set out in Art. 556 of the Civil Code and subsequent ones for defects (warranty).
3. In the case of a contract with a Consumer, if a physical defect was found within one year of the delivery of the item, it is assumed that it existed at the time when the danger passed on to the Consumer.
4. The Consumer, if the item sold has a defect, may:to submit a statement about the demand to lower the price;to submit a statement of withdrawal from the contract;unless the Seller immediately and without excessive inconvenience for the Consumer exchanges the defective product for a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to replace the item for free from defects or remove the defect, he is not entitled to replace the item or remove the defect.
1. Consumer, instead of the defect proposed by the Seller, request replacement of the item for free from defects, or instead of replacing things, demand removal of the defect, unless bringing things to compliance with the contract in the manner chosen by the consumer is impossible or would require excessive costs compared to the proposed method by the Seller, while the cost of things free of defects is taken into account when assessing the cost overruns, the nature and significance of the defect found, and the inconvenience to which the Consumer would otherwise expose them.
2. The consumer can not withdraw from the contract if the defect is irrelevant.
3. The Consumer, if the item sold has a defect, may also:to demand the exchange of things for something free from defects;to request a defect removal.
4. The Seller is obliged to replace the defective product with one free from defects or to remove the defect within a reasonable time without excessive inconvenience to the Consumer.
5. The Seller may refuse to satisfy the Consumer’s request if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the buyer or would require excessive costs compared to the second possible way to bring it into compliance with the contract.
6. If the defective item has been installed, the Consumer may request the Seller to dismantle and re-install after replacement for free from defects or removal of the defect, however he is obliged to bear some of the related costs exceeding the price of the sold item or may demand payment from the Seller part of the costs of disassembly and reassembly, up to the price of the item sold. In the event of failure to fulfill the obligation by the Seller, the Consumer is authorized to perform these activities at the expense and risk of the Seller.
7. The consumer who exercises the rights under the warranty is obliged to provide the defective at the expense of the Seller, and if due to the type of thing or the method of its installation, delivery of things by the Consumer would be excessively difficult, the Consumer is obliged to provide the Seller with the place in which the thing is. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to send back the items at the expense and risk of the Seller.
8. The costs of replacement or repair shall be borne by the Seller, except for the situation described in §5 point 10.
9. The Seller is obliged to accept from the Consumer a defective item in the event of replacing the item with one free from defects or withdrawal from the contract.
10. The Seller shall, within fourteen days, comment on those based on art. 5615 of the Civil Code: statements about a demand to reduce the price, requesting the exchange of things for a defect-free one, demand for removal of the defect. The seller within thirty days (Article 7a of consumer law) will refer to any other statement of the Consumer, which does not concern the fourteen day period specified in the Civil Code. Otherwise, it is considered that he considered the Consumer’s statement or demand justified.
1. A seller having an enforceable title, if it is notified within two years from the date of issuing the decision on issuing a marketing authorization.
2. Consumer’s claim to remove or sell the goods for the time of prescription over time, counting from the date of detecting the absence within two months from the date of issue. from the moment of issuing the matter to the Consumer.
3. In case it is sold or sold with the expiration date for consumption by third parties.
4. On the dates of selection in §5, items 15-17, the Consumer may submit a declaration of withdrawal from the contract or a price reduction due to lack of sales. withdrawal from the contract or reduction of the price will take place when the deadline for replacing the item or removing the defect ends ineffectively.
5. In the event of an investigation before the arbitration court due to the right to perform the actions of final and definitive end of the proceedings. Appropriate mediatory proceed accordingly, but the performance date, starting from that day, starting from the day on which you were approved.
6. To exercise the rights under the warranty for legal defects of the sold item, §5 items 15-16 apply, except that the period starts from the day on which the consumer learned of the defect, and if the consumer learned of the defect as a result of a third party’s action – from the day on which the decision issued in a dispute with a third party became final.
7. If, due to a defect of things, the Consumer submitted a statement of withdrawal or price reduction, he may demand compensation for the damage he suffered because he concluded the contract, not knowing about the defect, even if the damage was the result of circumstances for which the Seller is not responsible liability and, in particular, may demand reimbursement of the costs of concluding the contract, costs of collecting, transporting, storing and insuring the items, reimbursement of expenditures to the extent that they did not benefit from them, and did not receive them from a third party and reimbursement of the process costs. This does not prejudice the provisions on the obligation to repair damage on general principles.
8. The expiration of any deadline for finding a defect does not exclude the exercise of rights under the warranty if the seller has stealthily concealed the defect.
9. If the Seller is obliged to provide or provide financial support to the Consumer, he shall perform them without undue delay, no later than the period provided for by law.
1. The administrator of databases of personal data provided by Consumers of the store is the Seller.
2. The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997 and the Electronic Services Provision Act of July 18, 2002. The Buyer giving his personal data to the Seller when placing the order agrees to their processing by the Seller in order to complete the order. The buyer has the opportunity to view, correct, update and delete their personal data at any time.
§7 Final provisions
1. None of the provisions of these Regulations is intended to infringe the Buyer’s rights. It can not be interpreted in this way, because in the event of any incompatibility of any part of the regulations with applicable law, the Seller declares absolute compliance and application of this right in place of the challenged provision of the regulations.
2. The registered Buyers will be notified via e-mail about changes to the regulations and their scope (on the e-mail address provided during registration or order). The notification will be sent at least 30 days before the entry into force of the new regulations. Changes will be introduced in order to adjust the regulations to the applicable legal status.
3. The current version of the regulations is always available to the Buyer in the rules tab. During the execution of the order and throughout the period of after-sales care of the Buyer, the regulations accepted by him during placing the order apply. Except for the situation when the Consumer considers it to be less favorable than the current one and informs the Seller of the current choice as binding.
4. In matters not covered by these regulations, the applicable applicable legal provisions shall apply. Disputed issues, if the Consumer expresses such a wish, are solved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or the arbitration process at the Provincial Inspectorate of Trade Inspection. The consumer may also use the equivalent and lawful methods of pre-litigation or out-of-court dispute resolution, eg through the EU ODR online platform or by selecting any authorized entity from among the UOKiK in the register. The seller declares the intention and agrees to the out-of-court resolution of the consumer dispute.As a last resort, the matter is settled by a local and factual court.