Terms of Service

REGULATIONS

§ 1. General provisions
  • 1. The Online Shop available at www.iskracassettes.com is run by Iskra spółka z ograniczoną odpowiedzialnością with its registered office in Gdańsk, ul. Doki 1, 80-863 Gdańsk, entered in the Register of Entrepreneurs of the National Court Register by the Gdańsk–North District Court in Gdańsk, under KRS number: 0000927167; NIP [Tax ID]: 5833438668; REGON [Business ID]: 52023845, e-mail address: shop@iskracassettes.com
  • 2. All rights to the Online Shop, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Online Shop's Website, as well as to the templates, forms and logotypes placed on the Online Shop Website, are vested in the Seller and may be used under and in compliance with the Regulations and with the Seller’s written consent.
  • 3. The Seller shall endeavour to make the use of the Online Shop possible for Internet users with all popular web browsers, operating systems, device types and Internet connection types. The minimum technical requirements for using the Online Shop Website are as follows: having a computer or other device connected to the Internet with a minimum bandwidth to refresh web pages on a continuous basis, with a minimum screen resolution of 1280 x 720 pixels, equipped with at least one of the following web browsers: Chrome version 94 and above, Internet Explorer version 11 and above, Firefox version 93 and above, Edge version 94 and above, Safari version 14 and above, Opera version 80 and above, supporting Java Script and allowing cookies to be saved. To be able to use the Online Shop, including the Electronic Services, the Customer must have an active e-mail address and a device enabling the proper completion of electronic forms.
  • 4. The Regulations are addressed to Customers who are and who are not Consumers.
  • 5. The Customer may place Orders without creating an Account.
  • 6. The acceptance of the Regulations is voluntary but necessary to create an Account, place Orders and conclude Sale Agreements. It may also be necessary to use other Electronic Services provided by the Seller.
  • 7. Information presented in the Online Shop constitutes only an invitation to conclude an agreement as understood in Article 71 of the Civil Code, from the Seller to the Customers, and not an offer as understood in the Civil Code.
  • 8. The use of the Online Shop via a web browser, including placing Orders, may involve the need to incur costs of Internet connection (data transmission fee), in accordance with the tariff package of the service provider used by the Customer.
  • 9. Whenever the following capitalised terms are used further in the Regulations, they shall be understood as defined below:
    • a. PRICE - the amount of gross remuneration (including tax) payable to the Seller for transferring the ownership of the Product to the Customer in accordance with the Sale Agreement, specified in Polish zlotys or in another currency. The price does not include delivery costs unless the terms of the Promotion applied by the Online Shop state otherwise.
    • b. PASSWORD - a sequence of letters, digits or other characters chosen by the Customer during the Registration process in the Online Shop, used to secure access to the Customer's Account in the Online Shop.
    • c. CUSTOMER - an entity purchasing a Product via the Online Shop, concluding a Sale Agreement or using an Electronic Service in accordance with the Regulations, with the legal capacity to perform a legal action to the extent enabling the effective performance of a specific action within the Online Shop. A Customer who is a natural person with limited legal capacity is required to obtain an appropriate consent from their statutory representative to conclude a Service Agreement or a Sale Agreement and to present such consent at the Seller's request; as a rule, Service Agreements and Sale Agreements concluded via the Online Shop are agreements commonly concluded for minor everyday matters.
    • d. CIVIL CODE - the Act of 23 April 1964 - the Civil Code (consolidated text of Journal of Laws of 2022, item 1360, as amended).
    • e. CONSUMER - a natural person making a legal transaction with an entrepreneur not directly related to their business or professional activity.
    • f. ACCOUNT - an Electronic Service made available to the Customer in the Online Shop, allowing the Customer to use additional functionalities. The Customer accesses their Account by means of the Login and the associated Password. The Customer logs into their Account after registering in the Online Shop. The Account makes it possible to save and store information about the Customer's address details for the shipment of Products, to track the Order status, to access the Order history and to benefit from other services made available to the Customer by the Seller.
    • g. BASKET - an Electronic Service made available to the Customer in the Online Shop, in particular making it possible to easily place an Order for a selected number of Products and presenting both the Price of individual Products and the total Price for all Products.
    • h. LOGIN - the Customer's e-mail address provided in the Online Shop when creating an Account.
    • i. PRODUCT - a movable item available in the Shop's offer which is the subject of a Sale Agreement between the Customer and the Seller, against payment of the Price. All Products presented in the Online Shop are brand new.
    • j. PROMOTIONS - special conditions of sale or provision of services, regulated within the framework of the Online Shop, offered by the Seller at a given time, which the Customer may use under the rules specified therein, such as a reduction in the Price or shipping costs.
    • k. REGULATIONS / SERVICE AGREEMENT - this document which defines the rules of the Online Shop, in particular the rules for creating an Account, placing Orders, concluding Sale Agreements and using other services made available by the Seller via the Online Shop to the Customers. The Regulations define the rights and obligations of the Customer and the Seller. With regard to electronic services, these Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on the Provision of Electronic Services (consolidated text of Journal of Laws 2020, item 344, as amended).
    • l. REGISTRATION - means an action performed in the manner specified in the Regulations, required for the Customer to be able to use all the functionalities of the Online Shop.
    • m. ONLINE SHOP - a platform operated by the Seller, enabling placement of Orders by the Customer, conclusion of Sale Agreements and provision of services by the Seller, available at www.iskracassettes.com.
    • n. SELLER - Iskra spółka z ograniczoną odpowiedzialnością with its registered office in Gdańsk, ul. Doki 1, 80-863 Gdańsk, entered in the Register of Entrepreneurs of the National Court Register by the Gdańsk–North District Court in Gdańsk, under KRS number: 0000927167; NIP [Tax ID]: 5833438668; REGON [Business ID]: 52023845, e-mail: shop@iskracassettes.com.
    • o. CONTENT - text, graphic or multimedia elements (e.g. information about Products, photographs of Products, promotional films, descriptions, comments) including works as understood in the Act on Copyright and Related Rights and images of natural persons, which are distributed in the Online Shop by the Seller, the Seller's contractors, the Customer or any other person using the Online Shop.
    • p. SALE AGREEMENT - a sale agreement as defined in the Civil Code, concerning the sale of a Product by the Seller to the Customer, against payment of the Price plus additional charges, including delivery costs, the terms and conditions of which are defined in particular by the Regulations. The Sale Agreement is concluded between the Customer and the Seller using means of distance communication, after the Seller has accepted the Order on the terms set out in the Regulations.
    • q. ELECTRONIC SERVICE - the provision of electronic services as understood in the Act of 18 July 2002 on the Provision of Electrical Services (Journal of Laws of 2002, No. 144, item 1204, as amended), by the Seller to the Customer via the Online Shop, in accordance with the Service Agreement. To the extent that services are provided by entities cooperating with the Seller, the relevant provisions concerning the rules of use of these services are contained in the regulations on the provision of services by these entities.
    • r. CONSUMER RIGHTS ACT - the Act of 30 May 2014 on the Consumer Rights (consolidated text of the Journal of Laws of 2020, item 287, as amended).
    • s. ORDER - the Customer’s declaration of will expressing their direct will to conclude a distance Sale Agreement made by means of distance communication specifying the Product with respect to which the Customer makes an offer to conclude a Sale Agreement and the Customer's data necessary for the conclusion and performance of the Sale Agreement, if any. An Order for each Product shall be treated as an independent offer by the Customer to conclude a Sale Agreement. The acceptance of an Order shall be equivalent to the conclusion of a Sale Agreement.
§ 2. Electronic services provided by the Online Shop
  • 1. The Seller provides the following Electronic Services to the Customers free of charge via the Online Shop:
    • a. Account
    • b. enabling the Customers to place Orders and conclude Sale Agreements, on the terms defined in these Regulations;
    • c. enabling the Customers to use the Basket services;
    • d. enabling browsing through the Content placed in the Online Shop.
  • 2. The use of an Account is possible after all of the following steps have been taken by the Customer:
    • a. completing the registration form and accepting the provisions of these Regulations,
    • b. clicking on the "Register" field.
  • 3. The Service Agreement is concluded when all of the following conditions have been fulfilled: the effective completion and acceptance by the Customer (submission to the Seller) of the registration form to create an Account and acceptance of the Regulations. The Account is provided free of charge for an indefinite period. The Customer may, at any time and without giving any reason, delete their Account by sending a request to the Seller, in particular by e-mail to: shop@iskracassettes.com.
  • 4. The use of the Basket shall commence from the moment the Customer adds the first Product to the Basket. The Basket is a one-off service, provided free of charge, and terminates when the Customer places or ceases to place an Order through it. Depending on the functionalities available, the Basket may save information about the Products selected by the Customer also after the end of the browser session, but it does not ensure the availability of copies of the Products selected by the Customer in order to enable the Order to be placed at a later date.
  • 5. The Customer is obliged in particular:
    • a. to provide only accurate ad valid data, as required, and, in the event of changes to such data, to immediately update the data, including personal data, provided to the Seller by the Customer in connection with the conclusion of the Sale Agreement or the use of Electronic Services;
    • b. to use the services and functionalities made available by the Seller in a manner that does not disturb the functioning of the Seller or the Online Shop (the functioning of the Seller or the Online Shop may be disturbed by, in particular, placing Orders in a manner which raise a justified suspicion of using tools automating the Order placement process, in particular bots, or using the services and functionalities made available by the Seller in a manner indicating an intention to violate the provisions of the Regulations or the law);
    • c. to use the services and functionalities made available by the Seller in a manner compliant with the provisions of law, provisions of the Regulations, as well as with the accepted customs in the given scope and the rules of social conduct;
    • d. to keep the Login and Password confidential, in particular not to make them available to unauthorised persons. The Seller shall not be liable in particular for any loss of data or access to data stored on the Account resulting from a breach of the above obligation by the Customer;
    • e. to pay the full amount of the Price and other costs agreed by the Customer and the Seller in a timely manner;
    • f. not to provide or transmit any Content in the Online Shop that is prohibited by law, in particular any Content that violates third party copyrights or personal rights;
    • g. not to undertake actions such as (i) sending or placing any unsolicited commercial information or placing any content violating the provisions of law in the Online Shop (prohibition of placing illegal content), (ii) undertaking computer actions or any other actions in order to gain access to information not intended for the Customer, including data of other Customers or interfering with the principles or technical aspects of the functioning of the Online Shop, (iii) unauthorised modification of the Content provided by the Seller, in particular the Prices or Product descriptions provided within the Online Shop.
  • 6. The Seller may, for technical reasons, temporarily, but not longer than for 48 hours, disable some of the functionalities of the Online Shop in order to improve it, add services or carry out maintenance operations. The Seller shall endeavour to provide notifications about technical interruptions each time by placing a relevant message on the homepage of the Online Shop.
  • 7. The Seller may terminate a Service Agreement for the following important reasons:
    • a. the way in which the Customer uses the Electronic Services is contrary to the principles and purpose of the functioning of the Online Shop;
    • b. the Customer’s activity is contrary to the current moral norms, incites to violence or a crime or violates the rights of third parties;
    • c. the Customer violates the provisions of § 2(5) of the Regulations.
§ 3. Terms and conditions of concluding a sale agreement
  • 1. The Seller allows the Customers to place Orders on the website of the Online Shop. To develop its services, the Seller may introduce further methods of placing Orders using means of distance communication.
  • 2. The Customer places an Order in the Online Shop, taking the following steps:
    • a. adding the selected Products to the Basket and proceeding to the Order form to fill in the details;
    • b. filling in the Order form with the required data for the conclusion and execution of the Sale Agreement. Providing the correct VAT number is required at the stage of placing the Order if the Customer wishes to receive a VAT invoice; otherwise the Seller will not be able to issue a VAT invoice;
    • c. selecting the payment method, any additional services and the delivery method;
    • d. acceptance of the Regulations;
    • e. sending the Order by the Customer to the Seller;
    • f. depending on the chosen payment method, the Customer may be redirected to the pages of an external payment service provider in order to make payment.
  • 3. Once the Order has been placed, the Seller immediately confirms its receipt and, if the Order can be delivered, simultaneously accepts the Order for processing. The Seller confirms the receipt of the Order and accepts it for processing by sending the Customer a relevant e-mail message to their e-mail address provided when placing the Order, containing at least the Seller's statement about the receipt of the Order and its acceptance for processing and a confirmation of the conclusion of the Sale Agreement. Upon receipt by the Customer of the aforementioned e-mail message, the Sale Agreement is concluded by and between the Customer and the Seller.
  • 4. The total value of the Order includes the Price, delivery costs and any additional costs, e.g. in the case of using additional services. The Customer is informed about the total value of the Order during the Order placement process, including the moment of expressing the will to be bound by the Sale Agreement.
§ 4. Methods and terms of payment
  • 1. The Seller provides the Customer with various methods of payment under the Sale Agreement. The available payment methods are presented to the Customer on the website of the Online Shop as well as upon placing an Order.
  • 2. The available payment methods may depend on the delivery method or the Product selected by the Customer. The available payment methods may also change when several Orders are placed simultaneously. Electronic payment and payment card transactions are settled at the Customer's choice through authorised external payment service providers.
  • 3. Failure by the Customer to make payment within 3 working days of the Order being placed, when choosing to pay by traditional bank transfer, and within 24 hours when choosing to pay by electronic bank transfer or payment card, will result in the Customer's offer made within the Order not being accepted.
  • 4. In the event that the Customer has chosen to pay by cash on delivery, the Customer is obliged to make payment upon receipt of the Product. Refusal to accept the Product shall result in the termination of the Sale Agreement.
  • 5. If the Customer has chosen to pay in advance and has done so, failure to accept the Product within the prescribed period shall result in the termination of the Sale Agreement; if this is the case, the Seller shall refund the payment to the Customer immediately upon receipt of the Product. The above, however, does not apply to non-refabricated Products made to the Customer's specifications or intended to satisfy their individual needs.
§ 5. Product delivery
  • 1. Product delivery is available in the territory of the Republic of Poland and to selected countries indicated on the website of the Online Shop.
  • 2. The available delivery methods are presented to the Customer on the website of the Online Shop as well as upon placing an Order.
  • 3. Failure by the Customer to make payment within 3 working days of the Order being placed, when choosing to pay by traditional bank transfer, and within 24 hours when choosing to pay by electronic bank transfer or payment card, will result in the Customer's offer made within the Order not being accepted.
  • 4. A fee is charged for the delivery of a Product to the Customer, and the final fee may depend on the Product selected by the Customer. The Seller may, at the time it chooses, set a threshold for the minimum value of the Order for which the delivery of the Products covered by the Sale Agreement is free of charge.
  • 5. The total waiting time for the Customer to receive a Product (delivery time) consists of the time for the Seller to prepare the Order for shipment and the time for the carrier to deliver the Product.
  • 6. The deadline for the delivery of a Product to the Customer is up to 14 working days unless a shorter period is specified in the description of the Product or when placing the Order.
  • 7. If Products with different delivery times are ordered, the delivery time shall be the longest period stated.
  • 8. The time of delivery of a Product by the carrier depends on the delivery method selected by the Customer and is presented on the website of the Online Shop.
§ 6. The right of withdrawal
  • 1. If the Consumer has concluded a distance agreement, they may withdraw from it within 14 days without giving any reason and without incurring any costs other than those provided by law.
  • 2. To meet the deadline, it is sufficient for the Consumer to make a statement to the Seller before its expiry. The Consumer may make any unambiguous statement informing about their withdrawal from the Sale Agreement. The declaration of withdrawal from the Sale Agreement may be submitted in writing to the Seller's address indicated in these Regulations or in the form of an e-mail message to shop@iskracassettes.com. In the case of withdrawal from a distance agreement, the agreement is deemed not to have been concluded.
  • 3. The Consumer may but is not obliged to use the model withdrawal form made available on the website of the Online Shop, but it is not obligatory.
  • 4. The period for withdrawal from the Sale Agreement starts from the date of taking possession of the Product by the Consumer or a third party indicated by the Consumer other than the carrier, and in the case of a Sale Agreement which:
    • a. includes multiple Products which are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or
    • b. involves the regular supply of items for a fixed period of time - from taking possession of the first item.
  • 5. The Seller is obliged to immediately, but not later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the agreement, reimburse the payment made by the Consumer, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery available in the Online Shop).
  • 6. The Seller shall reimburse the payment using the same payment methods that were used by the Consumer in the original transaction unless the Consumer has expressly agreed to a different solution that will not incur any costs for them.
  • 7. The Seller may withhold the reimbursement until it has received the Product back or until it has been provided with a proof of return, whichever event occurs first.
  • 8. The Consumer is obliged to return the Product to the Seller's address specified in these Regulations immediately, but not later than within 14 days from the date of withdrawal from the Sale Agreement. It is sufficient to return the Product before the deadline.
  • 9. The Consumer shall be liable for any reduction in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
  • 10. The right of withdrawal from a distance agreement shall not apply to the Consumer, in particular with regard to the following types of agreements:
    • a. for the provision of services if the Seller has performed the service in full with the express consent of the Consumer, who was informed before the start of the service that they would lose the right to withdraw from the agreement once the Seller performed the service;
    • b. where the subject of the service is a non-prefabricated item manufactured to the Consumer's specifications or intended to satisfy their individual needs;
    • c. where the service involves a sound or visual recording or computer software supplied in sealed packaging if the packaging has been opened after delivery;
    • d. where the service involves Products that after delivery, due to their nature, are inseparably combined with other items.
§ 7. Warranty and warranty claims
  • 1. The Seller is obliged to provide the Customer with Products that are free from defects.
  • 2. If a Product purchased from the Seller has a defect, the Customer has the right to make a complaint based on the warranty provisions set out in the Civil Code Act, in particular in Article 556 et seq. of the Civil Code. If the Customer is an Entrepreneur, liability under warranty is excluded.
  • 3. A complaint should be made in writing or by electronic means to the Seller's addresses given in these Regulations. If the complaint concerns a Product, it is usually advisable to deliver the Product to the Seller together with the complaint in order to enable the Seller to examine it.
  • 4. A complaint should preferably include, inter alia, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer submitting the complaint and the Customer's request in connection with the defect of the goods.
  • 5. The Seller shall respond to the complaint request immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, it shall be deemed that the Customer's request is justified.
§ 8. Out-of-court methods of handling complaints and pursuing claims
  • 1. The use of out-of-court methods of handling complaints and pursuing claims is voluntary. The following provisions are for reference only and do not impose any obligation on the Seller to use out-of-court dispute resolution methods. The Seller's statement of consent to or refusal to participate in the out-of-court settlement of consumer disputes is submitted by the Seller on paper or on any other durable medium where a dispute has not been resolved following a complaint submitted by the Consumer.
  • 2. Detailed information about the possibility of using out-of-court methods of handling complaints and pursuing claims by the Consumer and the rules of access to these procedures is available at the offices and websites of district (city) consumer advocates, social organisations whose statutory tasks include consumer protection, Provincial Trade Inspectorates and on the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; http://www.uokik.gov.pl/wazne_adresy.php.
  • 3. The consumer has, for example, the following possibilities of using out-of-court ways of handling complaints and pursuing claims:
    • a. The Consumer is entitled to request the permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection to resolve a dispute arising from their Sale Agreement;
    • b. The Consumer is entitled to request the provincial inspector of the Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection, to initiate mediation proceedings for out-of-court dispute resolution between the Consumer and the Seller;
    • c. The Consumer may obtain free assistance in resolving a dispute between the Consumer and the Seller, also using free assistance of a district (municipal) consumer advocate or a social organisation whose statutory tasks include consumer protection (e.g. the Consumer Federation);
    • d. The Consumer may submit a complaint via the ODR online platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on forms of out-of-court resolution of disputes, if any, between entrepreneurs and Consumers.
§ 9. Personal data
  • 1. The Customer's personal data are processed by the Seller acting as the personal data controller.
  • 2. The provision of personal data by the Customer is voluntary, but necessary in order to create an Account, use certain Electronic Services and conclude a Sale Agreement.
  • 3. Detailed information on personal data protection is contained in the "Privacy Policy" tab in the Online Shop.
§ 10. Final provisions
  • 1. The Regulations enter into force on 1 September 2022.
  • 2. The Seller reserves the right to amend these Regulations for an important reason, which is:
    • a. the need to adapt the Regulations to legal provisions directly affecting these Regulations and resulting in the need to modify the Regulations in order to comply with the law;
    • b. the extension or change of the functionalities of the Online Shop, including the introduction of new services rendered by electronic means or a change of the existing functionalities of the Online Shop;
    • c. a change of technical conditions of providing electronic services;
    • d. a change of contact details, names, identification numbers, electronic addresses or links provided in the Regulations;
    • e. a change of the process of concluding agreements via the Online Shop.
  • 3. If amendments are made to the Regulations, the Seller shall make the consolidated text of the Regulations available through their publication in the Online Shop and by means of a message sent to the e-mail address provided by the Customer when concluding the Service Agreement, which is considered by the Parties to be a notification of a change made to an electronic means of communication in such a way that the Customer could become acquainted with its content.
  • 4. Amendments to the Regulations shall come into effect 14 days after the date of sending a relevant notification. Customers who have concluded a Service Agreement have the right to terminate their Service Agreement within 14 days from the date of being notified of an amendment to the Regulations. No amendment to the Regulations shall affect any Sale Agreements concluded by the Customer and the Seller before the amendment to the Regulations.
  • 5. In all matters not covered by the Regulations, the generally applicable provisions of Polish law shall apply.
  • 6. The choice of Polish law under the Regulations does not deprive the Consumer of protection granted to them under provisions that cannot be excluded by an agreement between the Seller and the Consumer.
  • 7. The content of the Regulations is made available to the Customer free of charge in the Online Shop.
  • 8. Significant provisions of the concluded Service Agreement shall be recorded, secured and made available by sending an e-mail message to the e-mail address provided by the Customer.
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