Terms and conditions for the use of the online shop

1. GENERAL PROVISIONS

Online shop: www.demo.sandex.pl, operating at the address:
Kaktusowa 1b, run by Sandex with its registered office at Kaktusowa 1b, holding tax identification number NIP 118-02-02-839, REGON 011939125.

These Regulations define the rules for the use of the Internet Shop, in particular the rules for conclusion of sales agreements via the Internet Shop for the goods in the Internet Shop's range of products, as well as the rules for performance of such agreements and the rules for the complaint procedure.

2. CONTACT WITH THE ONLINE SHOP

Seller's contact details:

1. Postal address: Sandex, ul.Kaktusowa 1b,05-092 Łomianki
2. e-mail address: Sandex@sandex.pl
3. Telephone number: +48 22 888 92 92

Bank account number: 86 1240 1112 1978 0010 9840 8914

1. First The Customer may communicate with the Seller by contacting the Seller at the addresses and telephone numbers indicated in this paragraph.
2. The Customer may communicate with the Seller by telephone on the days/ hours: 8:00-08:00.
   
   

3. DEFINITIONS

Whenever these Terms and Conditions refer to the terms indicated below, such terms shall have the following meanings:

• Order Form - a service available on the website of the Internet Shop, through which the Customer may purchase goods, in particular by adding the goods to the basket and selecting the terms of the Sales Agreement - including the method of delivery and payment.
• Customer - a natural person, including the Consumer, who is at least 13 years of age (provided that a person under 18 years of age has obtained the consent of a legal guardian), a legal person or an organisational unit without legal personality, to which special regulations grant legal capacity, who concludes a contract for the provision of services through the Internet Shop.
• Consumer - a user who is a natural person, performing transactions through the Internet Shop that are not directly related to his/her economic or professional activity.
• Customer Account - a personalised customer account, activated for the Customer by the Seller after the Customer registers in the Customer Account service.
• Basket - a part of the Online Shop where the Customer sees the products he or she has selected and can modify his or her choice and other data.
• Sprzedawca - podmiot wskazany w ust. 1, który w ramach prowadzonej przez siebie działalności gospodarczej lub zawodowej oferuje do sprzedaży Towary za pośrednictwem Sklepu Internetowego.Online shop - the website belonging to the Seller, available at www.demo.sandex.pl through which the Client can purchase Goods from the Seller.
• Seller - entity specified in section 1, which, in the course of its business or professional activity, offers for sale Goods via the Internet Shop.
• Sales Contract - a contract of sale of Goods concluded by the Client by means of distance communication via the Internet Shop.
  
  

4. REGISTRATION AND LOGIN

1. The Seller provides services electronically. These services consist in enabling the Customer to set up and use a Customer Account on the website of the Online Shop.
2. Browsing the assortment of the Online Store does not require creating a Customer Account.
3. The Customer may order the Goods by creating a Customer Account or by providing the personal data and address necessary to complete the order without creating a Customer Account.
4. The registration of a Customer Account in the Online Store is voluntary and free of charge.
5. The Customer may at any time, without giving any reason and without incurring any fees for this, delete a Customer Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the address indicated in § 2.
6. In order to complete the registration process for a Customer Account, the Customer must read and accept these Terms and Conditions and agree to the processing of his/her personal data provided during the registration process and marked as mandatory.
   
   

5. PLACING ORDERS

1. The Customer may place orders for products in the range of the Online Store 7 days a week, 24 hours a day by completing the Order Form.
2. When placing an order the Customer is obliged to read and accept these Terms and Conditions. The Customer confirms that he/she has read and accepts these Terms and Conditions by ticking the appropriate box before finalising the order. Failure by the Customer to accept these Terms and Conditions ticked when placing an order prevents the Customer from purchasing Goods via the Online Shop website.
3. Goods ordered via the website of the Online Store can be delivered within the European Union.
4. After placing an order, the Seller immediately confirms its receipt and acceptance for execution. Confirmation of receipt and acceptance of the order is made by the Seller sending an appropriate e-mail message to the Customer's e-mail address provided by the Customer while placing the order. Such message should contain at least the Seller's statement of receipt of the order and its acceptance for processing as well as confirmation of the conclusion of the Sales Agreement. The moment the Customer receives the above-mentioned e-mail, the Sales Agreement between the Customer and the Seller is concluded.
5. The Customer who has chosen to pay in advance when placing an order is obliged to pay the price and delivery costs within 14 days from the date of concluding the Sales Agreement. If the payment is not made within the deadline, the order is cancelled.
   
   

6. PRICES OF GOODS

1. The prices of goods presented on the pages of the Online Shop are given in PLN and are gross prices, including all taxes, including VAT.
2. The final and binding price is given in the Basket, as the sum of the order, at the moment of placing the order by the Customer via the Online Shop.
   
   

7. ORDER PROCESSING

1. An order placed via the Online Shop to be delivered to an address within the territory of the Republic of Poland will be fulfilled within .3 working days from:
   - in case the Customer chooses the payment-on-delivery option - from the day the Seller sends an e-mail to the Customer confirming acceptance of the order for processing,
   - if the Customer chooses the option of payment in advance (by credit card or immediate transfer) - from the date of receipt by the Seller of a confirmation of a correctly made payment by a financial company.
   
   

8. RIGHT OF WITHDRAWAL

1. A consumer or a natural person concluding a contract directly related to their business activity, if the content of this contract indicates that it has no economic/professional significance for them (which in particular results from the subject of this person's activity, published on the basis of the provisions on the Central Register and Information on Business Activity), may withdraw from the Sales Agreement within 14 days without giving a reason.
2. The period specified in paragraph 1 begins on the date of delivery of the Goods to the Customer or a person indicated by them other than the carrier.
3. The Customer may withdraw from the Sales Agreement by submitting an unequivocal declaration of withdrawal from the Agreement to the Seller. The deadline for withdrawal from the Agreement is met if, before its expiry, the Customer sends the declaration by regular mail to the address indicated in § 2 or to the e-mail address indicated in § 2.
4. The deadline for withdrawal from the Agreement is met if information regarding the exercise of the Customer's right to withdraw from the Agreement is sent before the expiry of this period.
5. In the event of withdrawal from the Agreement, the Customer is obliged to return the goods to the Seller immediately, but no later than within 14 days from the day on which he informed the Seller of the withdrawal from the Agreement. The deadline is met if the Customer sends the goods before the expiry of the 14-day period to the address indicated in § 2.
6. In the event of withdrawal from the Agreement by the Customer, the Seller shall immediately, but no later than within 14 days from the date of receipt of the Customer's statement of withdrawal from the Agreement, return to the Customer the payments received from him, including the costs of delivering the goods, with the exception of additional costs resulting from the method of payment refund chosen by the Customer, other than the cheapest standard method of payment refund used by the Seller.
7. The Seller shall refund the payment using the same method of payment that the Customer used, unless the Customer has expressly agreed to a different method of refund - in no case shall the Customer be charged additional fees in connection with this refund.
8. The Seller has the right to withhold the refund of payments received from the Customer until the Goods are received back or the Customer provides confirmation of sending the Goods back, depending on which event occurs first.
9. The Customer is liable for a decrease in the value of the item resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the item.
10. Based on art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended), the right to withdraw from the contract concluded online does not apply to contracts indicated in the aforementioned article.
    
    

9. COMPLAINTS

1. The Sales Agreement applies to products. The Online Store website contains a detailed description of the condition of each product.
2. The Seller is obliged to deliver the Goods to the Customer free from physical and legal defects. The Seller is therefore liable to the Customer for defects in the Goods under the terms specified in the provisions of the Act of 23 April 1964, the Civil Code (consolidated text, Journal of Laws of 2020, item 1740, as amended), in particular in art. 556 et seq. of the Civil Code. 556 et seq. of the Civil Code.
3. Complaints should be submitted in writing or by e-mail to the Seller's addresses provided in these Regulations or using the electronic complaint form posted by the Seller on the Online Store website. It is recommended that the Customer include in the complaint: a concise description of the defect, the circumstances of its occurrence, data regarding the occurrence of the defect, data of the Customer filing the complaint and the Customer's requests in connection with product defects.
4. The Seller will promptly consider the complaint and respond to it, but no later than within 14 days from the date of its submission. The Customer will be informed of the result of the complaint in accordance with the data provided by the Customer in the complaint.
   
   

10. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES

1. Detailed information on the possibility of using out-of-court complaint and claim settlement methods by the Customer and the principles of their application are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and on the websites of the Office of Competition and Consumer Protection http://www.uokik.gov.pl.
2. A Customer with consumer status may use free assistance in resolving their individual dispute between the consumer and the Online Store, and thus may use free legal assistance from a municipal or district consumer ombudsman or a social organization whose statutory tasks include consumer protection, including the Federation of Consumers - website address: http://www.federacja-konsumentow.org.pl.
3. Consumers may also seek assistance in resolving their individual dispute or consumer complaint in the Network of European Consumer Centres. The addresses of these institutions are available on the website of the Network of European Consumer Centres: http://www.konsument.gov.pl
4. A Customer who is also a consumer may use, among others, the following possibilities of out-of-court resolution of disputes arising between the consumer and the Online Store:
   - the right to submit an application to the provincial inspector of the Trade Inspection to initiate proceedings on out-of-court resolution of a dispute between the consumer and the Online Store, within the framework of which the parties may present their position on resolving the dispute or within the framework of which the parties may present their proposals for resolving the dispute,
   - the right to apply to a permanent consumer arbitration court operating at the Provincial Inspectorate of the Trade Inspection with an application to resolve a dispute arising from the concluded Sales Agreement.
5. The Association of Trading Standards is an entity authorized to conduct proceedings on out-of-court resolution of consumer disputes. The tasks of the Association of Trading Standards in the scope of proceedings on the out-of-court resolution of consumer disputes and the organization and management of permanent arbitration courts are performed by the relevant Provincial Inspectors of the Association of Trading Standards.
6. The Provincial Inspector of the Trade Inspection competent for the Seller's registered office. The list of all Provincial Inspectorates of the Trade Inspection and permanent arbitration courts of consumer law together with their websites is published on the website of the Office of Competition and Consumer Protection http://www.uokik.gov.pl/wazne_adresy.php.
7. The list of all institutions dealing with out-of-court resolution of consumer disputes and information on the cases most frequently resolved by these organizations is available on the website of the Office of Competition and Consumer Protection http://www.uokik.gov.pl.
8. The Office of Competition and Consumer Protection also has a contact point for out-of-court resolution of consumer disputes and an online system for resolving consumer disputes. Its tasks include providing assistance to consumers in the out-of-court resolution of consumer disputes, in particular disputes arising from cross-border contracts concluded with consumers.
   
9. The consumer may use the online platform for the online resolution of consumer disputes (ODR platform) in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on ODR for consumer disputes).
10. The European ODR platform is to facilitate the independent, impartial, transparent, effective, fast and fair out-of-court resolution of consumer disputes via the Internet between consumers and traders concerning contractual obligations arising from online sales contracts or service contracts concluded between consumers resident in the EU and traders established in the EU. Link to the ODR platform: http://www.ec.europa.eu/consumers/odr.
11. The consumer may use all available possibilities for out-of-court complaint resolution and claim settlement after the complaint procedure has been completed, provided that both parties have voluntarily agreed to this. The Online Store hereby consents to participate in out-of-court dispute resolution proceedings with consumers.
    
    

11. PERSONAL DATA CONTROLLER

1. The administrator of the personal data of the Online Store Customers is Sandex.pl Sp.zo.o. with its registered office in Łomianki, ul. Kaktusowa1b, 05-092 Łomianki, entered into the Register of Entrepreneurs of the National Court Register by the Registry Court in the 14th Capital City of Warsaw under the KRS number 0000986595, conducting business activity under the NIP number: 1180202839, REGON: 011939125.
2. Providing personal data by the Online Store Customers is voluntary, with the reservation, however, that failure to provide certain data in the registration process prevents registration and creation of an account, as well as placing and fulfilling an order.
3. The Online Store processes personal data for the following purposes:
   - proper performance of the Sales Agreement for Goods and their shipment, Failure to provide personal data necessary for the performance of the Sales Agreement results in refusal to conclude the Agreement
   - marketing purposes of goods and services offered by the Online Store, provided that the Customer has consented to this (marketing purposes are understood as sending information by e-mail and by means of telecommunications devices via text messages in accordance with the Act of 18 July 2002 on the provision of services by electronic means.
4. The legal basis for the processing of personal data is the consent granted, and in special cases - the necessity to perform the Sales Agreement.
5. Each Customer whose data is processed by the Online Store has the right to:
   - request access to their personal data, their rectification, transfer, deletion or restriction of processing. In connection with the processing of data by the Online Store, Customers also have the right to lodge a complaint with the President of the Personal Data Protection Office.
   - withdraw consent to the processing of their personal data, which are processed on the basis of previously granted consent. Withdrawal of consent does not affect the legality of all previous data processing activities performed on the basis of consent.
6. The Customer's personal data are stored until the Customer withdraws the consent of the Online Store.
7. The Online Store does not transfer personal data to a third country.
8. Detailed information on data processing is available in the Privacy and Cookies Policy.
   
   

12. FINAL PROVISIONS

1. Contracts concluded with the Online Store are concluded in the Polish language.
2. The Seller reserves the right to make changes to the Terms and Conditions for important legal or organisational reasons in the scope that may affect the implementation of the provisions of these Terms and Conditions. The Seller shall inform the Customers about each change to the Terms and Conditions at least 15 days in advance by placing information on the website of the Internet Shop and by sending a notification of the change to the registered Customers to the e-mail address assigned to their accounts.
3. In the event of changes to the Rules and Regulations, all Contracts concluded and orders placed before the effective date of the amended Rules and Regulations shall be performed/executed in accordance with the Rules and Regulations as in force on the date of conclusion of the contract/order placement by the Customer.
4. The amended Regulations are binding for a registered Customer who has not closed his/her account with the Online Store, if prior to the effective date of the amended Regulations he/she sent an unambiguous declaration of intent to the addresses indicated in §2.
5. In matters not regulated by these Rules and Regulations, the provisions of Polish law shall apply, in particular the Act of 23 April 1964 Civil Code (consolidated text of the Journal of Laws of 2020, item 1745 as amended), and in the case of Customers who are also consumers, also the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287 as amended).
6. These Terms and Conditions shall enter into force and apply to agreements concluded on this date and thereafter.