§ 1
Preliminary Provisions
The online store at michalik.tech, accessible at the web address https://michalik.tech, is operated by Jarosław Michalik, who conducts business under the name Jarosław Michalik. This business is registered in the Central Registration and Information on Business (CEIDG), managed by the minister responsible for the economy. The tax identification number (NIP) is 6252464759, and the REGON number is 369959840.
This set of regulations (Terms of Service) applies both to individual consumers and to businesses using the store. It establishes the rules for using the online store and outlines the procedures and conditions for making remote sales agreements with clients through the store.
§ 2
Definitions
Consumer – An individual entering into a contract with the Seller through the Store, where the subject of the contract is not directly related to their business or professional activity.
Seller – An individual conducting business under the name Jarosław Michalik, registered in the Central Registration and Information on Business (CEIDG) managed by the minister responsible for the economy, with tax identification number (NIP) 6252464759 and REGON number 369959840.
Client – Any entity making purchases through the Store.
Entrepreneur – An individual, a legal entity, or an organizational unit without legal personality, which a separate law grants legal capacity, operating a business on its own behalf and using the Store.
Store – The online store operated by the Seller at the web address sklep.michalik.tech.
Remote Contract – A contract made with the Client as part of an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, using one or more means of remote communication up to and including the moment the contract is concluded.
Terms – These terms and conditions of the Store.
Order – A declaration of the Client’s intent made using the Order Form, aimed directly at concluding a Product or Products Sales Agreement with the Seller.
Account – A client’s account in the Store, where data provided by the Client is stored, as well as information about the orders they have placed in the Store.
Registration Form – A form available in the Store that allows the creation of an Account.
Order Form – An interactive form available in the Store that enables placing an Order, especially by adding Products to the Cart and specifying the terms of the Sales Agreement, including delivery and payment methods.
Cart – A software component of the Store, showing the Products chosen by the Client for purchase and allowing for the determination and modification of Order details, especially product quantities.
Product – A movable item or service available in the Store and being the subject of the Sales Agreement between the Client and the Seller.
Sales Agreement – A product sales contract made or concluded between the Client and the Seller through the online store. The term Sales Agreement also refers to, depending on the nature of the Product, a service provision contract and a contract for work.
§ 3
Contact with the Store
Seller’s email address: jarek@michalik.tech
§ 4
Technical Requirements
To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:
An end device with internet access and a web browser.
An active email account.
Enabled cookie support.
§ 5
General Information
To the fullest extent permitted by law, the Seller is not responsible for disruptions, including interruptions in the operation of the Store, caused by force majeure, unauthorized actions of third parties, or the incompatibility of the online store with the Client’s technical infrastructure.
Browsing the Store’s assortment does not require setting up an Account. Clients can place orders for Products in the Store’s assortment either by creating an Account in accordance with § 6 of these Terms or by providing the necessary personal and address details to execute the Order without creating an Account.
Prices listed in the Store are in PLN and EUR and are gross prices (including VAT).
The final amount payable by the Client consists of the Product’s price and the delivery cost (including fees for transportation, delivery, and postal services). The Client is informed about this on the Store’s pages during the order process, including when expressing the desire to enter into a Sales Agreement.
For a contract that involves a subscription or the provision of services for an indefinite period, the final price is the total amount covering all payments for the billing period.
When the nature of the contract does not allow for a prior estimation of the final price, reasonably assessing, information about how the price will be calculated, and about transportation, delivery, postal service charges, and other costs will be provided in the Store in the Product description.
§ 6
Setting Up an Account in the Store
To set up an Account in the Store, the Registration Form must be completed.
Creating an Account in the Store is free of charge.
Logging into the Account is done by entering the username and password set in the Registration Form.
At any time, the Client has the right, without giving a reason and without incurring any fees, to delete the Account by sending a relevant request to the Seller, especially via email to the addresses provided in § 3.
§ 7
Order Placement Rules
To place an Order:
Log into the Store (optional).
Select the Product that is the subject of the Order, then click the “Add to cart” button (or equivalent).
Log in or opt to place an Order without registration.
If the option to place an Order without registration was chosen – complete the Order Form by entering the recipient’s data and the address where the Product should be delivered, select the type of shipment (method of Product delivery), enter the invoice data if they are different from the recipient’s data.
Click the “Order and pay” button/click the “Order and pay” button and confirm the order by clicking the link sent in an email.
Choose one of the available payment methods and, depending on the payment method, pay for the order within the specified time, subject to § 8 point 3.
§ 8
Offered Delivery and Payment Methods
For every purchase made by the Client, a proof of purchase is attached: a receipt or VAT invoice sent electronically. Upon the Client’s request, the proof of purchase will be provided in paper form.
Clients can pay for the purchased Products in the following ways:
Via electronic system tpay.com transfer
Bank transfer
Payments are handled by Krajowy Integrator Płatności S.A based in Poznań, at Św. Marcin 73/6, postal code: 61-808, KRS: 0000412357 operating under the Tpay.com brand.
Orders for electronic Products are fulfilled after receiving payment by sending the Product or instructions on how to use the Product in an e-mail. The Product is sent immediately after receiving the payment, within 24 hours of payment receipt.
Delivery of physical Products takes place in a manner chosen by the Client during the Order process. The cost of delivery is provided to the Client after selecting the Products and after choosing the payment method.
Shipping of physical Products occurs promptly after receiving payment, no later than 10 working days after payment. The delivery time for physical Products should include the delivery time provided by the delivery service provider. The delivery time, its cost, and the delivery service provider will be specified during the Order process.
Delivery of physical Products is limited to Poland only.
§ 9
Execution of the Sales Agreement
The Sales Agreement between the Client and the Seller is concluded after the Client has previously placed an Order using the Order Form in the online store in accordance with § 7 of the Regulations.
Upon receiving the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for execution. The confirmation of receipt of the Order and its acceptance for execution occurs by the Seller sending an appropriate email to the Client’s email address provided during the Order placement, which includes at least the Seller’s statements regarding the receipt of the Order, its acceptance for execution, and confirmation of the conclusion of the Sales Agreement. Upon the Client receiving the aforementioned email, a Sales Agreement is concluded between the Client and the Seller.
The Product is delivered exclusively within Poland.
§ 10
Right to Withdraw from the Agreement
The Consumer has the right to withdraw from the Sales Agreement without providing any reason within 14 days.
The period specified in paragraph 1 begins from the delivery of the Product to the Consumer or a person other than the carrier designated by him.
In the case of an Agreement that includes multiple Products that are delivered separately, in batches, or in parts, the period mentioned in paragraph 1 starts from the delivery of the last item, batch, or part.
For an Agreement involving the regular delivery of Products for a specified duration (subscription), the period indicated in paragraph 1 starts from taking possession of the first item.
The Consumer can withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To maintain the withdrawal period, it suffices for the Consumer to send the declaration before the expiration of this period.
§ 11
Complaints and Warranty
Complaints should be reported in writing or electronically to the Seller’s addresses specified in these Regulations.
Complaints should be reported in writing or electronically to the Seller’s addresses provided in this Regulation or using the electronic complaint form provided by the Seller on one of the Store’s subpages.
It is recommended that the complaint includes a concise description of the defect, circumstances (including the date) of its occurrence, data of the Customer submitting the complaint, and the Customer’s request in relation to the product’s defect.
The Seller will address the complaint request immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer’s request was deemed justified.
§ 12
Out-of-Court Methods of Handling Complaints and Pursuing Claims
Detailed information regarding the possibility for the Consumer to use out-of-court methods of handling complaints and pursuing claims, as well as the rules for accessing these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following online addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
The Consumer has the following example possibilities to use out-of-court methods of handling complaints and pursuing claims:
a. The Consumer is entitled to apply to the permanent amicable consumer court, referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws from 2014, item 148, as amended), with a request to resolve the dispute arising from the Agreement concluded with the Seller.
b. The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, according to Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws from 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
c. The Consumer can obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Association of Polish Consumers).
§ 13
Personal Data in the Online Store
The administrator of personal data of Customers collected via the Online Store is the Seller.
Personal data of Customers collected by the administrator through the Online Store are collected for the purpose of executing the Sales Agreement, and if the Customer agrees – also for marketing purposes.
The recipients of the personal data of the Online Store’s Customers may be:
a. In the case of a Customer who uses postal or courier delivery in the Online Store, the Administrator provides the collected personal data of the Customer to the chosen carrier or intermediary executing shipments on the Administrator’s behalf.
b. In the case of a Customer who uses electronic payments or a payment card in the Online Store, the Administrator provides the collected personal data of the Customer to the selected entity handling the aforementioned payments in the Online Store.
The Customer has the right to access and correct their data.
Providing personal data is voluntary, but failure to provide personal data indicated in the Regulations, which are necessary to conclude a Sales Agreement, results in the inability to conclude this agreement.
§ 14
Final Provisions
Agreements concluded via the Online Store are concluded in the Polish language.
The Seller reserves the right to amend the Regulations for valid reasons, i.e., changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change with at least a 7-day notice.
In matters not regulated by these Regulations, the generally applicable Polish law provisions shall apply, in particular, the Civil Code; the Act on providing services by electronic means; the Act on consumer rights, and the Act on personal data protection.
The Customer has the right to use out-of-court methods of handling complaints and pursuing claims. For this purpose, they can file a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.