Shop Terms and Conditions

§ 1. GENERAL PROVISIONS

  1. The Online Store is available at the following internet address: www.inpeak.pl
  2. The co-owners of the Online Store are Dawid Markiel, who runs a business under the name of Dawid Markiel, ul. Zabrodzka 40 lok. 2, 52-336 Wrocław, NIP: 8871626847, REGON: 366513121 and Marcin Kawalec, conducting business activity under the name of Marcin Kawalec, ul. Zabrodzka 40 lok. 2, 52-336 Wrocław, NIP: 8951920543, REGON: 366509071, running a business in the form of a civil law partnership Inpeak Dawid Markiel Marcin Kawalec S.C.
    NIP: 8992809630 REGON: 366510542, ul. Lotnicza 139, 54-132 Wrocław, e-mail address: contact@inpeak.pl.
  3. These Regulations are addressed both to Customers who are Consumers and to Customers who are not Consumers who use the Online Store.
  4. Acceptance of these Regulations is voluntary, but necessary for the Customer to place an Order in the Online Store.
  5. The Regulations are made available free of charge by the Seller in the Online Store in a way that allows customers to read its content and record its content by printing or saving on an external medium.
  6. The information presented in the Online Store is only an invitation to conclude a contract within the meaning of art. 71 of the Civil Code, addressed by the Seller to customers, and not an offer in accordance with the provisions of the Civil Code.
  7. Whenever the following capitalized terms are used in the further part of the Regulations, they should be understood in the meaning given below, unless the context of their use clearly indicates otherwise:

§ 2. RULES FOR USING THE ONLINE STORE

  1. The use of the Online Store may only take place on the terms and to the extent specified in the Regulations.
  2. Using the Online Store requires that the end device and the IT system used by the Customer meet the relevant technical requirements. The minimum technical requirements of the User’s device enabling full and correct use of the Online Store:
    • a device with access to the Internet;
    • access to electronic mail (email);
    • the latest version of a web browser with JavaScript enabled;
  3. The Seller declares that he makes every effort to provide Users with permanent access to the Online Store and the Services provided. However, the Seller does not guarantee that the use of the Online Store will be without errors and technical breaks. The Seller reserves the right to suspend or limit access to the Online Store at any time, without prior notification to the Customers.
  4. The Seller is not responsible for the content and content of other websites and portals to which the Customer may be redirected using the links placed in the Online Store.

§ 3. ELECTRONIC SERVICES IN THE ONLINE STORE

  1. The Seller provides the following Electronic Services free of charge to customers via the Online Store:
    • enabling Customers to place Orders, conclude Sales Agreements, on the terms set out in these Regulations;
    • presenting customers with advertising content tailored to their interests;
    • enabling customers to use the Cart services;
    • enabling viewing of the Content placed on the Store;
    • Newsletter
  2. The use of the Cart begins when the Customer adds the first Product to the Cart.
  3. The basket is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.
  4. The customer is obliged in particular to:
    • provide only real, current and all necessary customer data in the forms provided as part of the Online Store;
    • immediately update the data, including personal data, provided by the Seller’s Customer in connection with the conclusion of the Service Provision Agreement or the Sales Agreement, in particular to the extent necessary for their proper performance, the Customer may change the data at any time by direct contact with the Seller;
    • use the services and functionalities provided by the Seller in a way that does not interfere with the functioning of the Seller and the Online Store;
    • use the services and functionalities provided by the Seller in a manner consistent with the provisions of applicable law, the provisions of the Regulations, as well as with the customs and rules of social coexistence adopted in a given area;
    • use the services and functionalities provided by the Seller in a manner that is not inconvenient for other Customers and for the Seller;
    • timely payment of the Price and other costs agreed by the Customer and the Seller in full;
    • timely receipt of Products ordered using the method of delivery and cash on delivery;
    • verification at the carrier (courier) that the goods have been delivered in full, without defects. In the event of damage to the goods by the carrier, a damage report should be drawn up and the Seller should be informed about it;
    • not to provide or transfer within the Store any Content prohibited by the provisions of applicable law, in particular Content infringing the proprietary copyrights of third parties or their personal rights;
    • not taking actions such as:
      • sending or posting in the Online Store Content that violates the law (prohibition of posting unlawful content);
      • undertaking IT activities or any other activities aimed at obtaining information not intended for the Customer, including data of other Customers, or interference with the principles or technical aspects of the Store’s operation and payment processing;
      • unauthorized modification of the Content provided by the Seller, in particular the prices or descriptions of Products provided in the Online Store;
  5. Complaints related to the provision of Electronic Services may be submitted by e-mail or in writing to the address of the Seller.
  6. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the occurrence of irregularities; (2) customer requests and (3) contact details of the complainant – this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
  7. The response to the complaint by the Seller takes place immediately, no later than within 30 days from the date of its submission, unless a different deadline arises from the provisions of law or separate regulations.

§ 4. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

  1. The main features of the service, taking into account the subject of the service and the method of communication with the Customer, are specified on the Product’s website or otherwise appropriate for a given Product, as part of the Online Store.
  2. As part of the development of the Products or services available in the Online Store and due to their specificity, the Seller may introduce restrictions on the methods of placing Orders for specific Products. In the case of placing several Orders at the same time, of which at least one of the above-mentioned restrictions applies, this may affect the availability of the methods of placing the Orders also for the remaining of them.
  3. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order.
  4. The Seller allows the Customer to place an Order via the Online Store in the following manner, sequentially:
    • The Customer adds the selected Product (s) to the Cart and then proceeds to the order form.
      The customer chooses one of the delivery methods provided by the Seller.
    • The Customer chooses the method of payment of the Price and any other total costs of the Sales Agreement indicated in the order form.
    • The customer sends the Seller an Order (submits an offer), acceptance of the Regulations is required.
    • When placing the Order, until the button confirming the order is pressed, the Customer has the option of correcting the entered data in the “Cart” panel by adding or removing a given item from the Cart. Removal of an item may automatically remove another item from the Cart due to a direct relationship between the Products.
    • Depending on the chosen method of payment, the Customer may be redirected to the website of an external payment service provider in order to make the payment.
  5. In response to the Order, the Seller immediately sends the Customer an automatic message to the e-mail address provided for this purpose by the Customer confirming receipt of the Order and commencement of its verification.
  6. After verifying the Order, without unjustified delay, the Seller sends the Customer a message to the e-mail address provided:
    • confirmation of acceptance of one or more individual offers for Products submitted as part of the Order and confirmation of the conclusion of the Sales Agreement (acceptance of the Order for the Products indicated in the message); or
    • information about the inability to accept all offers for Products submitted as part of the Order due to non-payment, or
    • information that the parcel was not picked up.
  7. The Sales Agreement is concluded upon confirmation of the offer (s), i.e. receipt by the Customer of the message referred to above in the scope of the Products indicated therein.
  8. If it is not possible to accept all or some of the offers submitted as part of the Order, BOK will contact the Customer in order to:
    • inform the Customer about the impossibility of accepting all offers submitted as part of the Order to conclude a Sales Agreement; or
    • confirmation by the Customer of the will to execute the Order in the part in which the Seller has agreed to accept offers to conclude a Sales Agreement. Then the Customer may cancel the entire Order (in the scope of all offers), which does not violate his right to withdraw from the contract. Cancellation of the Order by the Customer releases the Seller from the obligation to perform it. In the event of cancellation of the Order, the relevant applies below.
  9. If it is not possible to accept the offers / s submitted as part of the Order, the Sales Agreement in the scope of the Products indicated by BOK is not concluded, and the Seller shall immediately, not later than within 14 days, return the payments made by the Customer to the extent to which the Sales Agreement does not has been concluded.
  10. Independently, the Seller may inform the Customer about the status of the Order, in particular by sending messages to the e-mail address or SMS provided by the Customer or by contacting by phone.
  11. The Seller strives to ensure the availability of all Products and the implementation of the Sales Agreement. In the event of the inability to perform the service and in other situations specified by law, the relevant provisions of the Civil Code may apply, including art. 493-495 of the Civil Code, in particular regarding the obligation to immediately return the benefit to the Consumer.
  12. The total value of the Order includes the Price, shipping costs and any other costs of optional paid services selected by the Customer. The Seller may, within a period of his choice, set the threshold for the minimum Order value for which the shipment of the Products is free. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined – the Customer is informed about the obligation to pay them. when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
  13. Promotional Actions in force in the Online Store cannot be combined, unless the provisions of the Promotion expressly provide otherwise.
  14. Each of the Promotional Actions carried out has the relevant Promotional Action Regulations. If a Promotional Action is in force, the provisions of the Regulations of the Promotional Action shall take precedence over the provisions of these Regulations. In matters not covered by the Regulations of the Promotional Campaign, the provisions of these Regulations shall apply.

§ 5. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT

  1. The Seller provides the Customer with various methods of payment under the Sales Agreement, in particular:

§ 6.COST, METHODS AND DELIVERY TIME OF THE PRODUCT

  1. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The currently available methods and delivery costs of the Product are indicated to the Customer when placing Orders in the Online Store in the Cart, and thus when the Customer expresses the will to be bound by the Sales Agreement.
  2. Product delivery is possible only within the territory of European Union countries.
  3. The available delivery methods may depend on the payment method or Product selected by the Customer. The available delivery methods may change in the case of placing several Orders at the same time, in particular due to the Products covered by them.
  4. The total time of waiting for the Customer to receive the Product (delivery date) consists of the time of preparing the Order for shipment by the Seller, which is usually from 2 to 4 working days, not more than 10 working days. and the time of delivery of the Product by the carrier.

§ 7. PRODUCT COMPLAINT

  1. The Customer who is a Consumer is entitled to make a complaint about the purchased Product. The rights contained in point 7 are also entitled to Entrepreneurs – Consumers.
  2. The basis and scope of the Seller’s liability towards the Customer, if the Product sold has a physical or legal defect (warranty), are specified in the provisions of the Civil Code, in particular in art. 556 and following of the Civil Code.
  3. The Seller is obliged to provide the Customer with a Product without defects.
  4. A complaint may be submitted by the customer, for example
    • in writing to the address of the Seller;
    • in electronic form via e-mail to the following address: contact@inpeak.pl
  5. If the sold Product has a defect, the Customer may:
    • submit a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a Product free from defects or removes the defect. The reduced price should remain in such proportion to the price resulting from the contract in which the value of the Product with the defect remains to the value of the Product without the defect. The Customer may not withdraw from the contract if the defect of the Product is irrelevant;
    • demand replacement of the Product with a Product free from defects or removal of the defect. The Seller is obliged to replace the defective Product with one free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer; with reservations and on the terms specified in the relevant provisions of the Civil Code.
  6. The Customer may, instead of the removal of the defect proposed by the Seller, request the replacement of the Product with a non-defective one or, instead of the replacement of the Product, request the removal of the defect, unless it is impossible to bring the Product into compliance with the contract in the manner chosen by the Consumer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect found is taken into account, as well as the inconvenience to which the Consumer would otherwise be exposed.
  7. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demand a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
  8. The Seller will respond to the Customer’s complaint immediately, no later than within 14 days from the date of its receipt. If the Customer has requested replacement of the item or removal of the defect, or submitted a price reduction statement, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days of its receipt, it is considered that the request was considered as justified.
  9. If the Seller responds to the Customer’s complaint or to exercise the Customer’s rights under the warranty, it will be necessary to deliver the Product to the Seller, in accordance with art. 5612 in connection with joke. 354 § 2 of the Civil Code, the Customer will be obliged to deliver the Product at the Seller’s expense to the following address: ul. Lotnicza 139, 54-132 Wrocław.
  10. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Product to the Customer. The claim for the removal of the defect or replacement of the Product with a product free from defects expires after one year from the date of finding the defect, however, in the case of an Order placed by a Consumer – the period of limitation may not end before the expiry of the period referred to in the first sentence.

§ 8. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS,
AS WELL AS RULES OF ACCESS TO THESE PROCEDURES

  1. The use of extrajudicial means of dealing with complaints and redress is voluntary. The following provisions are informative and do not constitute an obligation of the Seller to use out-of-court dispute resolution. The Seller’s declaration of consent or refusal to participate in the out-of-court resolution of consumer disputes is submitted by the Seller on paper or other durable medium if the dispute has not been resolved as a result of the complaint submitted by the Consumer.
  2. The rules of conducting proceedings regarding out-of-court resolution of consumer disputes and the obligations of entrepreneurs in this respect are specified separately in the provisions of law (including in particular in the Act of 23 September 2016 on out-of-court resolution of consumer disputes) or in the regulations applied by relevant entities competent in in the field of resolving consumer disputes. Detailed information on the possibility for the Customer who is a Consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures may be available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection, in particular also at the following internet address of the Office of Competition and Consumer Protection https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. The President of the Office of Competition and Consumer Protection keeps an open register of entities authorized to conduct proceedings regarding out-of-court resolution of consumer disputes.
  3. The Customer who is a Consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
    • The customer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection, with a request to settle a dispute arising from the concluded Sales Agreement.
    • The customer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000 on the Trade Inspection, with a request to initiate mediation proceedings regarding out-of-court dispute resolution between the Customer and the Seller.
      The customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
    • At https://ec.europa.eu/consumers/odr, the European Commission provides a platform for online consumer dispute resolution. The seller is currently not participating in this voluntary alternative dispute resolution procedure.

§ 9. THE RIGHT TO WITHDRAW FROM THE CONTRACT

  1. The right to withdraw from the contract in the case of purchases made by Customers who are Consumers or Entrepreneurs – Consumers is specified in detail in the document called “Return Policy of the Online Store www.inpeak.pl”, available on the Website, which is an integral part of these Regulations.

§ 10. INTELLECTUAL PROPERTY RIGHTS

  1. All rights to the Online Store, in particular proprietary copyrights, intellectual property rights to its name, internet domain, as well as to forms, legal documents, logos, trademarks, text, graphics, photos, and other content posted by the Seller, belong to the Seller , and their use may only be in accordance with the Regulations.
  2. It is forbidden to copy, duplicate, modify, reproduce or distribute any part of the Online Store, Service or its elements without the prior written consent of the Seller, except as expressly permitted by the provisions of applicable law and these Regulations. The Seller may take steps, including in court proceedings, to protect their own interests and the interests of the Online Store customers.
  3. The rights to use, copy and distribute the data available on the website are subject to the provisions of the Act of February 4, 1994 on copyright and related rights.
  4. The use of the data of the Online Store for commercial purposes may take place after prior notification of the Seller and obtaining its written consent.

§ 11. PROTECTION OF PERSONAL DATA. PROTECTION OF PERSONAL DATA

  1. The rules for the protection of personal data are specified in the “Privacy Policy” document available at www.inpeak.pl.
  2. The rules for the use of cookies on the Website are specified in the “Cookie Policy” document available at www.inpeak.pl.

§ 12. PROVISIONS RELATING TO CUSTOMERS WHO ARE NOT CONSUMERS

  1. This 12 point of the Regulations and the provisions contained therein apply only to Customers who are not Consumers and Entrepreneurs – Consumers.
  2. Upon the release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until it is delivered to the Customer, and for delay in transporting the shipment.
  3. Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Customer who is not a Consumer is excluded.
  4. Neither the Seller nor its employees, authorized representatives and proxies shall be liable to the Customer, its subcontractors, employees, authorized representatives and / or proxies for any damage, including loss of profits, unless the damage was caused intentionally by them.
  5. In each case of determining the liability of the Seller, its employees, authorized representatives and / or proxies, this liability towards the Customer who is not a Consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the amount of the Price paid and delivery costs under the last Sales Agreement, but not more than up to the amount of PLN 1,000.
  6. Any disputes arising between the Seller and the Customer who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller.
  7. With regard to Customers who are not Consumers, the Seller may amend the Regulations at any time on the basis of generally applicable law.

§ 13. FINAL PROVISIONS

  1. The Regulations enter into force on September 24, 2021
  2. The Regulations are available only in Polish.
  3. In matters not covered by these Regulations, the provisions of generally applicable law shall apply.
  4. Unless the mandatory provisions of law provide otherwise, the law applicable to the settlement of any disputes arising under these Regulations is Polish law.
  5. In the event that the regulations of the mandatory law of the country of the Customer’s habitual residence provide for more favorable conditions for him than the provisions of Polish law and the provisions of these Regulations, the provisions of the law of the country of the Customer’s habitual residence will apply.
  6. Unless the applicable law provides otherwise, the settlement of any disputes arising between the Seller and the Customer shall be submitted to the competent Polish courts having jurisdiction over the seat of the Seller.
  7. The content of these Regulations may change. The Online Store will inform about any changes by posting information on the Online Store website.

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