1 General provisions
The online store www.powersadhu.com operates at www.powersadhu.com under the management of: Ievgen Onishko (JDG) NIP 5223307011 for the purpose of selling Products via the Internet, through the website and providing electronic services for these purposes, in accordance with the provisions of the Regulations.
The online store is a tool by which the Seller sells Products via the Internet, and is one of the ways to conclude a contract for the sale of Products with the Seller.
The activities of the online store are carried out in accordance with the Rules and regulatory legal acts applicable to the online store and the activities of the Seller on the Internet.
The Regulations define:
the principles of operation and use of the online store, including the principles of concluding contracts through the online store, the principles of placing orders for Products and the principles of processing orders for Products;
the rights and obligations of the Seller and the Client related to the activities specified in paragraph a) above;
the type and scope of Services provided electronically;
the terms and conditions for the provision of Services provided electronically;
the conditions for concluding and terminating contracts for the provision of Services electronically;
the procedure for considering complaints related to Services provided electronically.
2 Definitions and contact information
Terms used in the Regulations with a capital letter mean:
Online store - a system of websites accessible and functioning under the domain address www.com and subordinate domains, using which the Seller sells Products via the Internet and equipped with IT functions that allow the conclusion of an agreement through it;
Seller - www.powersadhu.com, carrying out business activities under the company: JDG Ievgen Onishko, ul.Grodkowska 2, m43, 01-462 Warsaw, NIP 5223307011, Regon 529318422.
Client - any legal entity, i.e. an individual, a legal entity or an organizational unit without forming a legal entity, possessing legal capacity and the ability to perform legal acts, to the extent that it allows using the Online Store and concluding an agreement for the purchase of Goods through the Online Store, and using the functionality of the Online Store, in particular, purchasing Goods through the Online Store;
Content - all substantive content of the Online Store, including, in particular, information about the Goods and the Seller, as well as a blog;
Client Account - the functionality of the Online Store, consisting of providing access to the IT functionality of the Online Store, consisting of determining information that individualizes the Client and allowing recording information about the actions performed by the Client; The Client Account is created for the Client in the Client Registration procedure;
Order form - a functionality of the Online store containing the necessary information about the Client and the order placed by him for the Goods, which is sent to the Seller via the Online store as part of the procedure for concluding a contract of sale for the Goods and is used for the Client to place an order for the Goods using the Online store;
Client registration - a procedure that is a functionality of the Online store, used to create a Client Account and, accordingly, to conclude a Contract for the provision of services in electronic form in the form of a Client Account, during which the Client fills out a registration form, indicating the login and password that he will use to enter the Online store, providing data, including personal data specified in the registration form, and making the relevant statements. The Client's registration is completed at the moment of activation of the link sent to the e-mail address specified in the registration form;
Consumer - an individual entering into a legal transaction with an entrepreneur, i.e. the Seller, which is not directly related to his economic or professional activity;
Goods - all movable property sold by the Seller using the Online Store.
Rules - these rules governing the principles of operation of the Online Store, located at the domain address: mafaro.pl
ICT system - a set of interacting IT devices and software that ensure the processing and storage, as well as sending and receiving data via telecommunications networks using a telecommunications terminal device corresponding to a given type of network, within the meaning of the Act of 16 July 2004. - Telecommunications Act (Journal of Laws No. 171, item 1800, as amended);
Electronic communication means - technical solutions, including telecommunications devices and software interacting with them, enabling individual communication at a distance by means of data transfer between telecommunications systems, in particular, e-mail;
A service provided by electronic means - a service consisting of the provision of the relevant functional capabilities of the Online Store, which constitutes the provision of services by electronic means within the meaning of the Law on the Provision of Services by Electronic Means, i.e. the performance of a service provided without the simultaneous presence of the parties (at a distance), by transmitting data at the individual request of the recipient of the service, sent and received using equipment for electronic processing, including digital compression, and storage of data, which are entirely transmitted, received or transmitted using a telecommunications network within the meaning of the Law of 16 July 2004 - Telecommunications Law; The Terms and Conditions define the types and scope of Services provided by the Seller electronically;
Payment Service Provider - an entity providing payment services in accordance with the Payment Services Act of 19 August 2011 (Journal of Laws 2014.873 j.t.), allowing the Customer to pay for Products using bank transfers, online transfers, payment cards, credit cards or debit cards or any other method used for online sales and available in the Online Store, in particular PayU;
Act on the Provision of Services by Electronic Means - the Act of 18 July 2002 on the Provision of Services by Electronic Means (Dz.U.2013.1422 j.t. as amended);
Consumer Rights Act - the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014.827 as amended);
Civil Code - Act of 23 April 1964 on the Civil Code (Journal of Laws 2016.380 j.t. as amended).
The Seller's details are as follows:
company: Ievgen Onishko (Jednoosobowa Działalność Gospodarcza (JDG))
legal address and seat: ul.Grodkowska 2, m43, 01-462, Warsaw
NIP 5223307011
phone: 780 786 039
e-mail: powersadhu.info@gmail.com
website address: https://powersadhu.com
3 Procedure for concluding an agreement in the Online Store
The Online Store is used to conclude contracts for the sale and purchase of Goods between the Client and the Seller.
Notwithstanding the provisions of paragraph 1, within the framework of using the Online Store, contracts for the provision of services in electronic form described in the Rules are concluded between Clients and the Seller.
The procedure for concluding an agreement for Goods through the Online Store consists of the technical actions described in Section 5 related to the Client placing an order, and the technical actions described in Section 7 related to the confirmation of the order. The procedure for concluding contracts for the provision of services in electronic form is regulated by § 7 of the Rules.
In order for the Client to be able to fully use the Online Store, i.e. use all of its available functionality, it is necessary to:
create a Client Account on the website of the Online Store by means of Client Registration;
log in to the Client Account using the login and password.
In order for the Client to be able to correctly place an order, the following actions must be taken:
using the Order Form via the Client Account (after logging in)
selecting the ordered Products;
selecting one of the available payment methods
selecting one of the available methods of delivery of the Products;
confirming the order in accordance with the choice made, which entails the emergence of an obligation to pay.
If the order is correctly placed by the Client, the order is immediately sent to the Seller via the Online Store.
After receiving the Client's order in accordance with Section 6, the Seller immediately sends a message to the Client's e-mail address specified in the Client's Account or the Order Form confirming the placement of the order made by the Client.
Immediate confirmation by the addressee of receipt of the offer entails the binding nature of the submitted offer.
The data required to conclude the contract in the Online Store as part of the contract conclusion procedure are entered, registered and accessible via the Client Account and the Order Form. The order confirmation specified in Section 7 must contain the data constituting the content of the concluded contract.
The use of the Online Store and its functional capabilities, including, in particular, entering information into the Client's Account, Order Form or Application Form, as well as detecting errors in this information and correcting them, is carried out using the appropriate application - an Internet browser (e.g. Internet Explorer, Mozilla Firefox, Google Chrome, Opera, etc.). Communication with the Client in connection with the conclusion of an agreement through the Online Store is carried out via the Internet using the ICT system and electronic communication means.
4 Payments
Payment by the Buyer for the Products purchased in the Online Store is made by:
traditional transfer
online transfer (24-hour transfers)
other forms of payment offered for payment of online transactions, if they were available in the Online Store.
The prices of the Products indicated in the Online Store are expressed in Polish zlotys and include the amount of tax on goods and services. Prices do not include the cost of delivery of the Products.
The total price payable for a given order from purchases made in the Online Store consists of the price of the ordered Products, the cost of delivery of the Products (the selected delivery method), the cost of the selected payment method (if applicable). All payments constituting the total price to be paid are indicated in the Online Store, in particular in the procedure for placing an order for the Products.
The price indicated for each Product is binding at the time the Customer places an order.
Payments specified in paragraph 1(b)-(e) are made in accordance with the following rules:
these payments are processed by the Payment Service Provider;
payments may only be made by persons authorized to use the relevant payment method;
payments are made in accordance with the rules applied by the relevant Payment Service Provider, which are provided by the Payment Service Provider.
5 Delivery
Products ordered in the Online Store are delivered (sent):
-by personal collection in Warsaw;
-via Inpost courier service;
- via DPD courier service;
or via a specialized courier company indicated on the website.
Orders for Products are fulfilled within 3 working days from the moment of:
order confirmation - in case of cash on delivery;
receipt of payment for the order - in case of other payments
which means that during this period the ordered Product is transferred for dispatch or ready for personal collection in accordance with the selected method of delivery of the Product.
6 Obligations of the Client
All information provided by the Client in the Online Store, including the Order Form, Application Form and Client Account, in particular information provided for the purpose of concluding a contract in the Online Store, must be factually correct.
The Client is prohibited from using the Service provided electronically, as specified in § 7 of the Terms, to provide illegal content.
7 Services provided by electronic means
The Seller provides Services electronically via the Online Store. Services provided electronically are free of charge.
The services provided electronically, specified in Section 1, consist of providing the Client with all the functional capabilities of the Online Store, including those that allow the conclusion of an agreement with the Seller regarding the Goods through the Online Store, and, in particular, consist of:
providing, at the Client's individual request, information posted within the Online Store by displaying a page with the specified URL, including information about the Seller and the Goods, as well as information on the procedure for concluding the agreement and its execution;
providing, at the Client's individual request, the opportunity to communicate for the purpose of concluding an agreement, including placing an order, in particular, through the Order Form
providing the Client with the opportunity to conclude an agreement for the purchase of the Goods through the Online Store, including agreeing on the terms of the agreement, determining the price and cost of delivery;
presenting the Goods sold through the Online Store and searching for them;
the opportunity for other contacts with the Seller.
Through the Online Store, the Seller provides, in particular, the following services provided electronically:
Customer Account and Order Form
provision of Content, including a feedback form and blog
contact services, including a newsletter.
The agreement for the provision of a Customer Account is concluded by creating a Customer Account as part of the Customer Registration procedure. The agreement for other electronically provided Services is concluded by the Customer starting to use this electronically provided Service, i.e. by starting to use this functionality of the Online Store. The Customer's use of the Service provided electronically occurs in accordance with the rules specified in the Terms.
The Customer may stop using this Service provided electronically at any time. The agreement for the use of this Service provided electronically is terminated by stopping the use of this functionality of the Online Store. In this case, the agreement on the use of the Service provided in electronic form is automatically terminated without the need for additional statements from the parties, taking into account paragraph 6.
The Agreement on the use of the Client's Account is terminated by the Client using the option to delete the Client's Account.
To correctly use the Electronic Services, the Client must have:
connection to the Internet;
computer hardware and software with a web browser function capable of displaying HTML documents on a computer screen, or a mobile device that, together with the appropriate software, allows the use of applications with a web browser function for mobile devices.
8 Withdrawal from the contract
8.1. The Buyer who is a Consumer or an Entrepreneur with consumer rights, who has concluded a distance contract or an off-premises contract, has the right to withdraw from the concluded sales contract within 14 days from the date of delivery of the goods without giving a reason.
8.2. In the event of exercising the right referred to in the preceding point, the Buyer should inform the Seller about this by submitting a declaration of withdrawal on the form provided to him by the Seller, which can be sent by post to the following address: Ievgen Onishko., ul. Grodkowska 2, m43, 01-462, Warsaw; he can also do it electronically using an active, electronic withdrawal form, in which the Buyer can fill in the data electronically and send it to the seller's e-mail address powersadhu.info@gmail.com. To meet the deadline, it is sufficient to send the declaration before its expiry. A declaration of withdrawal submitted after the deadline referred to in 8 point 8.1 does not produce legal effects.
8.3. The form of declaration of withdrawal from the contract (Annex No. 1 to these Regulations) is provided to the Buyer in electronic form (in an attachment to electronic correspondence confirming acceptance of the order for execution).
8.4. In the event that the Consumer or Entrepreneur with consumer rights submits a declaration of withdrawal electronically via the electronic form of withdrawal from the contract, the Seller shall immediately send confirmation of receipt of the declaration of withdrawal from the contract to the e-mail address provided when placing the order.
8.5. The Buyer is obliged to properly secure the returned goods so as to prevent their damage in transit (the direct cost of returning the goods - in accordance with art. 34 sec. 2 of the Act of 30.05.2014 - on consumer rights (consolidated text: Journal of Laws of 2017, item 683), the Consumer or Entrepreneur with consumer rights shall bear the direct costs of returning the goods.
8.6. The Consumer or Entrepreneur with consumer rights is obliged to return the goods immediately, but no later than within 14 days from the date on which he withdrew from the contract. The Seller may stipulate that in the event of withdrawal from the contract, the goods subject to return will be collected by him or a person authorized by him. The return of goods should be sent to the following address: Ievgen Onishko., ul. Grodkowska 2, m43, 01-462, Warsaw.
8.7. If the delivered goods are incomplete or show traces of use that go beyond ordinary management of the item, the Seller reserves the right to refuse to accept the shipment, or to reduce the amount returned by the equivalent of the damaged goods.
8.8. In the event of withdrawal from the contract, all payments made by the Buyer, including delivery costs, will be transferred to the Buyer's bank account immediately, but no later than within 14 days from the date of receipt by the Seller of the Buyer's declaration of withdrawal from the contract.
8.9. The Seller declares that the refund of the payment referred to in § 8 point 8.9 of the Regulations will be made using the same method of payment as used by the Buyer. The Seller, in consultation with the Buyer, may establish another method of refund, which will not involve the Buyer incurring additional costs.
8.10. The Seller declares that the right to withdraw does not apply to contracts included in art. 38 of the Act of 30.05.2014 - on consumer rights,
8.11. By concluding a contract, the Consumer or Entrepreneur with consumer rights confirms that he has become familiar with the content of these regulations, including confirming that he has been notified of the right to withdraw from the concluded sales contract within 14 days from the date of delivery of the goods.
9 Complaints
9.1 The Seller delivers the goods in accordance with the sales agreement. If the Goods are inconsistent with the Sales Agreement, the Seller is liable to the Consumer for ensuring compliance with the Sales Agreement in accordance with the provisions of Chapter 5a of the Act.
9.2 A complaint can be filed:
- In writing to the following address: Ievgen Onishko., ul. Grodkowska 2, m43, 01-462, Warsaw with the note: "Complaint - POWERSADHU online store" or
- b) In electronic form to the following address: powersadhu.info@gmail.com
9.3 The complaint must include in particular:
- a) first name and last name;
- b) correspondence address;
- E-mail address to which the response to the complaint should be sent if the Customer wishes to receive a response to the complaint electronically;
- Type of the Product being complained about;
- A detailed description of the non-conformity of the Goods with the Sales Agreement and the date of its detection;
- Photographic documentation confirming the non-conformity of the Goods with the Agreement;
- Date of purchase of the Product;
- Customer's request;
- the method of informing the Customer about the method of handling the complaint;
- Confirmation of purchase of the Product (e.g. copy of the receipt or copy of the invoice, payment card printout).
9.4 The Seller will consider and respond to the complaint immediately, but no later than within 14 days from the date of its submission, and will inform about the method of handling it by sending information consistent with the data provided in the complaint.
9.5 The Consumer, exercising the rights specified in this paragraph, offers to deliver the defective Product at the Seller's expense to the following address: Ievgen Onishko, ul. Grodkowska 2, m43, 01-462, Warsaw with the note: "Complaint - POWERSADHU online store", however, the shipment must be agreed with the Seller in advance
9.6 The provisions of this paragraph and the relevant statutory provisions shall apply to complaints related to the Services provided under these Regulations.
9.7 Complaints regarding the Services, including the functioning of the Mailing Service and the online store www.powersadhu.com may be submitted:
- In writing to the address: Ievgen Onishko, ul. Grodkowska 2, m43, 01-462, Warsaw, with the note "Electronic Services - Powersadhu";
- b) In electronic form to the address: powersadhu.info@gmail.com
10 Technical requirements
Access to and use of the Online Store is possible on platforms of operating systems that enable the use of the Internet and software that has the functionality of a web browser that allows displaying HTML documents on a computer screen, on any type of computer that meets the requirements of such operating systems and through any type of Internet connection using software that has the functionality of a web browser, such as Microsoft Internet Explorer, Mozilla FireFox, Opera, Apple Safari (only the version for MacOS) and Google Chrome 23.X (only the version for MS Windows) or on mobile devices equipped with software that allows displaying the Online Store on such devices, in particular applications with browser functions for mobile devices.
11 Final provisions
The Online Store and actions related to concluding contracts in the Online Store are available in Polish.
2 The Rules are provided to the Client on the website www.powersadhu.com prior to the conclusion of the agreement, and also - at the Client's request - in a form that allows the acquisition, reproduction and recording of the contents of the Rules using the ICT system used by the Client, including, in particular, downloading, copying, uploading and saving on the Client's disk or printing.
3 The Rules are an integral part of the agreement concluded through the Online Store, including the agreement for the provision of Services in electronic form.
4 The Client has the right to submit a claim specified in the Terms and Conditions, as well as to implement other requirements arising from the provisions of the law. The Client has the right to use out-of-court methods of filing claims, including, in particular:
mediation, including, in the case of a Client who is a Consumer, mediation carried out by mediators working in the Trade Inspection;
arbitration, including, in the case of a Client who is a consumer, permanent arbitration courts at the Trade Inspection;
in the case of a consumer Customer, to use the assistance of a city or district consumer ombudsman;
in the case of a consumer Customer, to use the platform of the Internet-based system for the resolution of disputes between consumers and traders at EU level (ODR platform), accessible at https://webgate.ec.europa.eu/odr/.
The Terms may be amended. The issuance of amended Terms will be carried out in accordance with Section 2 and will apply to orders for Products placed after its issuance, in particular, the change in the Terms will not apply to orders placed before its issuance, as well as to Services provided electronically that the Customer began to use before its issuance. With regard to services of an ongoing nature, i.e. the Customer Account service, if the Terms are amended during the term of this service, the changes in the Terms will be binding on the Customer, unless the Customer terminates the contract for the Customer Account by deleting the Customer Account within 14 days from the date on which the changes in the Terms became available.
In the part not regulated by these Terms, generally applicable rules of law shall apply, in particular the Civil Code, the Law on Consumer Rights, the Law on Electronic Provision of Services.
Appendix to the Terms and Conditions
INFORMATION ON THE EXERCISING OF THE RIGHT TO REVIEW FOR A CLIENT WHO IS A CONSUMER
TYPICAL INSTRUCTIONS FOR WITHDRAWAL FROM CONTRACT
Right to withdraw
You have the right to withdraw from a contract relating to Goods, Training Services and Services provided electronically within 14 days without giving any reasons, subject to the provisions of the Terms indicating when the right of withdrawal does not apply.
The withdrawal period expires after 14 days from the day on which:
you took possession of the goods or a third party other than the carrier and nominated by you took possession of the goods
in the case of a contract relating to several goods, you took possession of the last goods or a third party other than the carrier and nominated by you took possession of the last goods
in the case of a contract for the provision of services, you entered into the contract.
To exercise your right of withdrawal, you must notify us, i.e. Ievgen Onishko, registered office: ul.Grodkowska 2, m43, 01-462, Warsaw, phone: 780 786 039, e-mail: powersadhu.info@gmail.com
about your decision to withdraw from the contract by an unambiguous statement (e.g. a letter sent by post or e-mail).
You may use a standard form for the application for termination of the contract, but this is not required.
To comply with the termination period, it is sufficient to send a message about the exercise of the right to terminate the contract before the expiration of the termination period.
