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Regulations

ALBIONE ONLINE SHOP REGULATIONS

 

§1 General Provisions

  1. The Albione Online Shop is managed by Monterosso Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, Trakt Lubelski 84, 04-790 Warszawa, entered into the Register of Entrepreneurs of the National Court Register under KRS No. 0000440774, NIP 5342488898, REGON 146398452.
  2. Whenever the Regulations refer to:
    1. The "Price" - shall mean the gross price of the Goods not including the Costs of delivery, placed next to the information about the Goods. Prices of Goods in the Shop are given in Polish zloty and include VAT,
    2. The "Supplier" - shall mean a courier or other carrier with whom the Seller cooperates to manage deliveries of orders from the Online Shop,
    3. The "Customer Account." - shall mean the access to the functions of the Online Shop enabling the Customer to save and Shop information about the Customer's address data for the shipment of goods, tracking the status of the order and access to order history,
    4. The "Customer" - shall mean a natural person which possesses full capacity to perform legal acts, a legal person or an organizational unit without legal personality, to whom the Act grants legal capacity, which uses the Online Shop, particularly to buy goods.
    5. The "Consumer" - shall mean a Customer who is a natural person, making Online Shop purchases in the scope not directly related to their businesses or professional activities, i.e. in accordance with art. 221 of the Act of 23 April 1964 Civil Code (uniform text Journal of Laws of 2016 item 380 as amended).
    6. The "Costs of Delivery of Goods." - shall be understood as the fees for the delivery of Goods to the Customer,
    7. "Shopping cart" - means the functionality of the Online Shop in which the goods selected for purchase by the Customer are visible and which enables the Customer to enter the discount code number, as well as to determine and modify the order data, in particular: the quantity of products, delivery address, invoice data, delivery method, payment method,
    8. “Regulations” - shall be understood as this document,
    9. “Online Shop" - shall be understood as the Albione Online Shop managed by Monterosso Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, Trakt Lubelski 84, 04-790 Warszawa, entered into the Register of Entrepreneurs of the National Court Register under the number KRS 0000440774, NIP 5342488898, REGON 146398452, with its website at https://shop.albione.eu/ including all functionalities available therein.
    10. The "Seller" - shall be understood as Monterosso Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, Trakt Lubelski 84, 04-790 Warszawa, entered into the Register of Entrepreneurs of the National Court Register under KRS No. 0000440774, NIP 5342488898, REGON 146398452,
    11. "Good" or "Goods" - shall mean goods offered by the Seller for retail sale, available in the Online Shop,
  3. The Regulations define the rules of using the Online Shop, placing orders for goods available in the Online Shop, delivery of ordered goods to the Customer, payment by the Customer for the sold goods, Customer's right to withdraw from the agreement and the rules of submitting and processing complaints, as well as the rules of personal data protection of Customers who make transactions in the Shop.
  4. In order to use the Online Shop, including browsing the assortment of the Online Shop and placing orders for goods, the following are necessary:
    1. a computer with Internet access and a web browser with JavaScript enabled,
    2. an active e-mail account.
  5. The Customer is entitled and obliged to use the Online Shop in accordance with its purpose, including in particular the obligation to refrain from any activity that could affect the proper functioning of the Online Shop.
  6. The Seller shall not be liable for disruptions, including interruptions in the operation of the Online Shop caused by force majeure, unauthorized action of third parties or incompatibility of the Online Shop with the technical infrastructure and software of the Customer, as well as for the absence of a message containing a confirmation of the order from the Shop in case an incorrect e-mail address was provided by the Customer.
  7. Browsing the assortment of the Online Shop and placing orders by the Customer for Goods in the assortment of the Online Shop does not require a Customer Account but creating such an account is recommended in order to improve the process of ordering goods and to enable the Customer to use additional functionality of the Online Shop intended exclusively for registered users.
  8. Information provided on the website of the Online Shop does not constitute an offer within the meaning of the provisions of the Civil Code. They constitute an invitation for Customers to submit offers.
  9. The Seller reserves the right to limit the number of ordered Goods offered in the Online Shop at a discount.
  10. By creating a Customer Account or placing an order without registration, the Customer accepts the Regulations in their entirety and also declares that they have read the attachments, including in particular the Privacy and Cookies Policy, which constitutes Attachment No. 3 to the Regulations. The Seller has the right to refuse Orders placed in violation of these Regulations. Upon opening a Customer Account or placing an order without registration, the Customer who concludes a contract for the sale of Goods declares that he or she requests the issuance of a VAT invoice instead of a fiscal receipt and agrees to receive invoices in electronic form in accordance with art. 106n sec.1 of the Act of 11 March 2004 on Value Added Tax (consolidated text: Journal of Laws of 2017, item 1221, as amended) should be applied. The Customer may provide additional information necessary to issue a VAT invoice.

 

§2 Registration and ordering

  1. Customers entitled to place Orders for Goods are those, who:
    1. have the status of a registered user of the Online Shop (have access to the Customer's Account),
    2. do not have the status of a registered user of the Online Shop, but make purchases without registering and logging in.
  2. Access to the Customer's Account is granted after the following requirements have been met:
    1. registration form on the website of the Online Shop was filled in properly (in particular, the personal data required in the form were provided and the login and password were set),
  3. The registration is a one-time process. For each subsequent Order, the Customer uses the login and password previously set on the website of the Online Shop. After using the login and password set by the Customer, it is possible to update the data provided during registration. Your login and password are confidential.
  4. A Customer who has access to the Customer's Account places an order after logging in to the Online Shop and by adding the Goods presented in the Online Shop to the Shopping Cart, then confirms the order by pressing the appropriate button.
  5. A Customer who does not have the status of a registered user of the Shop places an order by adding the Goods presented in the Online Shop to the Shopping Cart, then confirming the order for the Goods by pressing the appropriate button and providing the data necessary to complete the order in accordance with the procedure available at the Online Shop website.
  6. Depending on the chosen payment method, the Customer may be redirected to external payment service provider's websites in order to make a payment.
  7. In response to the Order, the Online Shop sends an e-mail to the Customer confirming the Order, then the Online Shop sends an e-mail confirming that the Order has been accepted.
  8. The information referred to in art.12 sec.1 of the Act of 30 May 2014 on Consumer Rights shall be sent to the Customer at the e-mail address provided upon placing of the Order by the Customer, in an e-mail confirming the submission and content of the Order placed by the Customer.

 

§3 Conclusion of the sales agreement and performance of Orders

  1. The moment the Order is placed by the Customer, the sale agreement for the Goods is concluded. After placing an Order, the Customer receives an e-mail with a summary of the Order and information about the registration of the Order. If the Customer does not receive an e-mail with the summary of the order and information about the registration of the Order in the Shop, the Customer is obliged to contact the Shop immediately to confirm the order.
  2. The Online Shop receives orders 24 hours a day, 7 days a year.
  3. The goods covered by the Order are delivered to the Customer by the Seller along with a document confirming the conclusion of the sales agreement in the form of a VAT invoice or receipt. By creating a Customer Account or placing an order without registration, the Customer agrees to issuing of VAT invoices without signature.
  4. Terms and conditions of the sales contract are specified by these Regulations and the applicable law.

 

§4 Payment rules

  1. Amounts due for the Goods and the Costs of delivery of the Goods may be paid, subject to sec. 2:
    1. by a traditional transfer to the bank account of the Shop 15 1090 1694 0000 0001 1997 9580,
    2. by the so-called online transfer via the Przelewy24 service (https://www.przelewy24.pl),
    3. credit/debit card (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro) - by means of the Przelewy24 system, which enables online payments on the website of the Online Shop, if the card allows the Customer to make such transactions.
    4. by means of the "cash on delivery" payment option
    5. for foreign customers - by means of the Braintree system, an online service popular in foreign markets. Using the One Touch option, the e-shop customer can make payments with a single click. All they need to do is to authorize and access the account once in advance. Transaction security is ensured by PayPal, a payment service provider.
  2. Orders with delivery to an address outside the territory of Poland may be paid for only in the manner described in sec. 1 letter c.
  3. The payment methods referred to in sec. 1 letters b and c are executed via the operator of these payments - PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań-Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP 7792369887, REGON 301345068.
  4. The Customer's obligations resulting from the Goods sales agreement shall remain in force until the payment of the total amount due for the Goods and the Costs of delivery of those Goods.
  5. The execution of an order begins when it is placed in the Shop. If you choose the payment method described in sec. 1 letter b or c, the execution of an order begins when the payment is confirmed by the operator of the online payment system, and in the case of a traditional transfer – after the payment is received by the Shop's bank account.
  6. If the Customer used a credit/debit card to pay for the Order, and the Shop is required to return the amounts, the Shop shall return these amounts to the bank account assigned to the Customer's payment card.

 

 

§5 Order processing time. Delivery

  1. The Seller shall execute Orders in the form of courier delivery via the Supplier.
  2. Delivery via the Supplier is carried out within 7 working days:
    1. from the moment of placing of the Order by the Customer, if the Order is paid for on delivery
    2. from the moment the payment is received by Seller's account, if the Order is paid for in any other way than on delivery.
  3. Saturdays and public holidays are not included in the Order processing time
  4. Delivery via the Supplier is carried out on the territory of Poland and the European Union.
  5. The Seller undertakes to deliver goods without defects.
  6. The costs of delivery of the Goods, which, apart from the price for the Goods, are borne by the Customer, are stated on the Store's website when placing an Order.

 

§6 Withdrawal from the sales agreement

  1. The Customer, who is a consumer, may return the Goods purchased in the Online Shop without specifying the reasons and incurring any costs by submitting a statement on withdrawal from the sales agreement of the Goods in accordance with art. 27 of the Act of 30 May 2014 on Consumer Rights. The Customer may exercise this right within 14 days from the receipt of the Goods. To maintain the deadline it is sufficient to send the declaration before its expiry.
  2. Model declaration of withdrawal from the sales agreement is attached as Attachment No. 1 to the Regulations.
  3. The Customer, who as a Consumer exercises the right to withdraw from the remotely concluded sales agreement with the Seller, is obliged to return the purchased Goods no later than within 14 days from the submission of a statement on withdrawal from the sales agreement. The goods may be returned at the same time as the declaration of withdrawal from the agreement. A filled-in model declaration of withdrawal from the sales agreement together with the Goods should be sent to the address: Monterosso Sp. z o. o., al. Krakowska 30, 05-090 Janki.
  4. The Seller assures that the Goods received by the Consumer shall be in a condition which allows proper verification and examination for a given type of Goods, including, in particular, whether they are suitable for fitting. Labels on the Goods do not prevent the Consumer from inspecting and examining them. Removal of the security seal removes the possibility of returning/replacing of the goods.
  5. After receiving the Goods, the Consumer has the right to examine the features, including in particular to try the product on, in the same manner as in a stationary store. The consumer is liable to the Seller for any reduction in the value of the products due to improper use. If the Consumer uses the Goods in a manner that goes beyond examination and inspection, the Seller may charge the Consumer with additional costs in connection with the reduces value of the Goods.
  6. In case of withdrawal from the sales agreement of Goods, the sales agreement shall be deemed not to have been concluded.
  7. Direct costs of returning the Goods shall be borne by the Customer, unless the Customer uses the possibility to return the Goods free of charge provided by the Shop. In order to use the free of charge return option, the Customer must attach a waybill to the package and use DHL Parcel services according to the instructions on https://dhl24.com.pl/start/index.html. The Customer shall be obliged to package the Goods in a manner ensuring their safe return, if possible using original packaging.
  8. The Seller shall return to the Customer the amount due for the Goods sent back by the Customer within 14 days from the date of delivery of the Seller's declaration of withdrawal from the sales agreement. The Seller may withhold the return of payments received from the Customer until the receipt of the returned Goods, or until the Customer provides proof of return.

 

§7 Complaints

  1. A complaint about the Goods should be:
    1. sent to the address:

                Monterosso Sp. z o. o.

                Krakowska 30

                05-090 Janki

 

or

             b. sent to the e-mail address shop@albione.eu

  1. A complaint can be submitted by filling in a model complaint form, which constitutes Attachment 2 to the Regulations, and sending it to the Seller in one of the ways described in sec. 1.
  2. The complaint of the Goods will be considered within 14 days from the date of submitting. The Customer shall be informed about the manner of processing the complaint by traditional mail, e-mail or telephone.
  3. In order for the Seller to consider a complaint, the Customer should provide them with the Goods in question, or the Goods together with the proof of purchase of the product(s) from the Seller and the details of the complaint (a model complaint form constitutes Attachment No. 2 to the Regulations).
  4. The Seller resolving the complaint in accordance with applicable law and taking into account the Customer's demands, shall replace the defective Goods or remove the defects. This does not affect the Customer's ability to submit a declaration of price reduction or withdrawal from the agreement in accordance with applicable laws. If the defect which constitutes the basis for the complaint is not a negligible defect, and it is impossible to replace the goods, remove the defect or if the goods have already been repaired or replaced, the Seller shall reimburse the Customer in accordance with the applicable law.
  5. The Customer, who is not a consumer, has the right to submit a complaint in accordance with the applicable law, while the Seller's liability under the warranty for physical defects of products is limited to the amount paid by the Customer to the Seller for the purchase of the product.

 

§8 Personal data protection

  1. The Shop informs that it processes the Customer's personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council from April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) from April 27, 2016. (Official Journal of the EU L No. 119, p. 1), hereinafter referred to as the "GDPR”, as well as other generally applicable regulations in the field of personal data protection.
  2. The administrator of the Customer's personal data is the Seller, i.e. Monterosso Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, Trakt Lubelski 84, 04-790 Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 13th Commercial Department of the National Court Register under KRS 0000440774, NIP 5342488898, REGON 146398452.
  3. Contact with the controller of personal data is possible as described in § 9 below.
  4. The personal data of the Customer is processed for purposes related to the execution of Orders for Goods available in the Shop (pursuant to art. 6 sec. 1 letter b of the GDPR) and for purposes resulting from legitimate interests of the Seller (art. 6 sec. 1 letter f of the GDPR), and also based on the Customer's consent - for purposes consistent with the content of the given consent, including commercial and marketing purposes (pursuant to art. 6 sec. 1 letter a of the GDPR) and in order to fulfill the Seller's legal obligations (art. 6 sec. 1 letter c of the GDPR), in particular for the purpose of issuing and storing relevant documents required by tax or accounting regulations in connection with complaints and warranties, which are also considered obligations for the Seller.
  5. The legally justified interests the Seller referred to include the need to ensure the security and integrity of the system of the Online Shop, the need for the Seller to comply with legal obligations arising from the provisions of generally applicable law, including in particular the processing of complaints and issuing accounting and settlement documentation on the transaction concluded within the Shop, as well as the marketing of the Seller's own goods, and conducting customer satisfaction surveys, sales statistics and analyses. Moreover, the legally justified interest of the Seller in the processing of personal data of the Customer is the need for a possible determination, investigation or defense against claims.
  6. The Customer may agree to receive information of an advertising and commercial nature, by means of electronic communication, from the Seller. This consent is given by the Customer by selecting the appropriate option on the registration form. Giving consent is not a condition for the execution of the Order.
  7. The recipients of the Customer's personal data may be entities acting as Suppliers, as well as accounting offices providing accounting services to the Seller, entities with which the Seller cooperates in handling complaints, including in particular experts in product quality and law firms if legal assistance arising in connection with the execution of the Order is required. Moreover, the recipients of the Customer's personal data are entities responsible for the IT side of the Shop or providing the Seller with ICT tools, including IT platforms, server space or website space.
  8. Customer's personal data will be stored for the period necessary for the execution of transactions in the Shop and the processing of complaints and will be processed for the duration of Customer Account’s existence, no longer than 3 years from the liquidation of the account in the Shop, which is related to the statute of limitations of possible claims. If the Customer makes a transaction without creating an account in the Shop then the data is processed for a period of 3 years from the date of transaction, which is also related to the statute of limitations for any claims. In the case of personal data processing in the legally justified interests of the Seller, the data is stored for the duration of implementation and on the basis of the Customer's consent - the data is stored until the consent is withdrawn.
  9. Providing personal data by the Customer is voluntary, but necessary to make transactions in the Shop. Failure to provide personal data makes it impossible to create a Customer Account and carry out transactions within the Shop. This does not apply to data processing for commercial and marketing purposes, which is carried out only in the case of voluntary consent, regardless of transactions within the Shop.
  10. The Customer shall have the right to demand access to their personal data from the Seller, as well as the right to correct, delete or limit the processing of the data. The Customer also has the right to withdraw their consent to the processing of personal data at any time, but any withdrawal of consent does not affect the lawfulness of the processing performed on the basis of consent prior to its withdrawal.
  11. The Customer has the right to submit a complaint with the President of the Office for Personal Data Protection as a supervisory authority over compliance with the provisions on personal data protection.
  12. The Customer’s data is not subject to profiling and will not be subject to the process of automatic decision making.
  13. The Customer’s data is not transferred outside the European Economic Area.
  14. The personal data of the Customer shall be processed in the form of analytical, sales and marketing profiling in order to adjust the materials directed by the Seller to the needs and interests of the Customer, and to make measurements that will allow the Seller to improve the services provided. Binding decisions are not automated.
  15. Privacy and Cookies Policy constitute Attachment No. 3 to the Regulations.

 

§9 Contact details

In all matters, contact with the Seller is possible in the following manner:

a) by traditional mail to the following address:

Monterosso Sp. z o. o.

Al. Krakowska 30

05-090 Janki

b) by telephone: +48 731 006 231

c) online via a chat on the website https://shop.albione.eu/

d) by e-mail: shop@albione.eu

 

§10 Final provisions

  1. In all matters not set by these Regulations, the provisions of the Act of 30 May 2014 on Consumer Rights and the Civil Code as well as other provisions of generally applicable law shall apply.
  2. The attachments constitute an integral part of the Regulations.
  3. The Regulations come into force upon their announcement on the Shop's website.
  4. The Shop informs Customers with Customer Accounts of any significant change to the Regulations 14 days in advance. The Seller shall send an appropriate message in the form of a notification to the Customer's Account and/or to the Customer's e-mail address.
  5. The Customer may delete the Customer Account at any time. Failure to delete the Customer's Account in 14 days from the entry into force of amendments to the Regulations shall be deemed as the Customer's consent to conclude further transactions in the Shop on terms consistent with the new Regulations.
  6. The change in the assortment of the Shop and the Prices of Goods do not constitute an amendment to the Regulations.

 

Attachment No. 1

Return form (PDF)

Attachment No. 2

Complaint Notification (PDF)

Attachment No. 3

PRIVACY AND COOKIES POLICY OF THE "ALBIONE" Online Shop

(hereafter also: "Policy" or "Privacy Policy")

 

§1
General Provisions

  1. This Privacy Policy has been in force since 01.10.2018 and constitutes Attachment No. 3 to the Regulations available at: https://shop.albione.eu/en_US/i/Regulations/18 . Acceptance of the Regulations by placing an Order in the Shop means acceptance of the Attachment - Privacy Policy.
  2. The Regulations glossary is used for the interpretation of terms, or they are understood as described in the Privacy Policy (if the direct description is applicable).
  3. For the purposes of better reception of the Privacy Policy, the term "Customer" has been replaced by "You", and "Seller" with "We". The term  “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
  4. To change the Privacy Policy, §10 sec. 4 - 6 of the Regulations shall apply accordingly.
  5. In the case of persons who visit the Shop but do not have a Customer Account, the provisions of the Privacy Policy shall apply in accordance with the current version available in the Shop. Using the shop is tantamount to agreement to its rules.
  6. We declare that we respect your right to privacy and care about data security.
  7. Payment processing takes place outside the Shop. Personal data and/or card details necessary to make Payments are stored in the IT system maintained by Przelewy24. Invoice data is stored for billing purposes.
  8. Personal data provided in the Shop is treated as confidential and is not visible to other Customers except for the Customer and the Seller or the persons authorized by the Seller.

§2

The Seller as the Customer's personal data controller

  1. The Seller is the controller of personal data of their Customers. This means that if you have a Customer Account or place an Order for Goods in the Shop without registration, we process your data, such as your name, surname, e-mail address, address of residence and delivery, telephone number and IP address.
  2. The Seller also acts as the controller of newsletter subscribers.
  3. Personal data is processed:
  1. in accordance with the provisions on the protection of personal data, including in particular GDPR and the Personal Data Protection Act,
  2. in accordance with the implemented Privacy Policy,
  3. for the purposes and on the grounds described in § 8 of the Regulations,
  1. Every data subject (if we are the data controller) has the right to access, rectify, delete or limit the processing, and also to object and to submit a complaint with the supervisory authority.
  2. You can contact us in all matters concerning the protection of your personal data in the manner described in § 9 of the Regulations
  3. If you have a Customer Account you can log in to your Account and you can easily change your details, which includes updating and deleting them.
  4. We reserve the right to process your data after the termination of the agreement or withdrawal of consent only to the extent necessary for the purpose of pursuing possible claims in court or if national or EU legislation or international law requires from us to retain the data.
  5. We have the right to share the personal data of our Customers with entities authorized under applicable law (e.g. law enforcement agencies).
  6. The deletion of personal data may take place as a result:
  1. of the Customer Account removal;
  2. withdrawal of consent or legal objection to the processing of personal data.
  1. We do not share personal data with entities other than those authorized under applicable law.
  2. We have implemented pseudonymisation and access control in order to minimize the effects of possible data security breaches.
  3. We regularly test the security of the Shop and have implemented a backup procedure.
  4. Personal data is processed only by persons authorized by us or by processors with whom maintain close cooperation.

 

§3

Cookies

  1. Cookies are used in order to operate the Shop, maintain the Customer's session with the Customer Account, and for advertising purposes.
  2. Third-party cookies are used for:
  1. collecting anonymous statistical data using Google Analytics (Google acts as the controller),
  2. interaction on social networking sites (facebook and twitter, the controllers of which are these companies respectively).
  1. Cookies allow us to identify the software used by the Customer and to adjust the parameters of the Shop to the Customer's individual needs (e.g. correct display of the Shop's page on the Customer's device - screen size or touch screen).
  2. We use two types of cookies:
  1. session cookies - temporary files stored on the Customer's device until they log out of the Shop, leave the website or disable the software (web browser). The stored text information is then permanently deleted from the device.
  2. persistent cookies - files of a continuous nature, stored on the Customer's device for a period of time specified in the parameters of a given file or until their removal by the Customer.

 5. You can disable cookies in your web browser, but this can limit the functionality of the Shop.

 

§4

Newsletter

  1. A person subscribed to the newsletter can unsubscribe from it by clicking the "unsubscribe" button at the bottom of each newsletter message.
  2. The newsletter is sent via e-mail.
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