Terms and conditions

Terms and Conditions of the Online Store - www.roughradical.com.pl

I. General provisions

  1. These Terms and Conditions set out the general terms, the manner of providing services by electronic means and of sales conducted through the Online Store www.roughradical.com.pl. The Store is run by Krzysztof Królikowski, conducting business activity under the name „RADICAL POLSKA” Krzysztof Królikowski, entered in the register of entrepreneurs of the Central Registration and Information on Business, maintained by the Minister of Entrepreneurship and Technology, at ul. Wigury 4, 95-035 Ozorków, VAT ID (NIP) 7321868958, REGON 472372463, hereinafter referred to as the Seller.

  2. The Seller can be contacted through:

    1. e-mail address: [email protected];

    2. the contact form.

    3. phone: tel. 571 512 081

  3. These Terms and Conditions are continuously available on the website www.roughradical.com.pl in a manner that allows them to be obtained, reproduced and recorded by printing them out or saving them on a data carrier at any time.

  4. The Seller informs that the use of services provided by electronic means may involve a risk on the part of every Internet user, consisting in the possibility of malicious software being introduced into the Customer's ICT system and of the Customer's data being obtained and modified by unauthorised persons. In order to avoid the risk of the above threats, the Customer should apply appropriate technical measures that will minimise their occurrence, in particular antivirus software and a firewall.

II. Definitions

The terms used in the Terms and Conditions mean:

  1. Business days – days from Monday to Friday, excluding public holidays;

  2. Customer – a natural person with full legal capacity, a natural person conducting business activity, a legal person or an organisational unit without legal personality to which special provisions grant legal capacity, who places an Order within the Online Store or uses other Services available in the Online Store;

  3. Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);

  4. Account – the part of the Online Store assigned to a given Customer, by means of which the Customer may perform specific actions within the Online Store;

  5. Consumer – a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code;

  6. Entrepreneur - a Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;

  7. Terms and Conditions – this document;

  8. Goods – a product presented in the Online Store, the description of which is available with each of the presented products;

  9. Sales Agreement – an agreement for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;

  10. Services – services provided by the Seller to Customers by electronic means within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);

  11. Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);

  12. Act on the provision of services by electronic means – the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);

  13. Order – a declaration of intent by the Customer aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.

III. Rules for using the Online Store

  1. Use of the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:

    1. a computer or mobile device with Internet access,

    2. access to e-mail,

    3. web browser Internet Explorer version 11 or newer, Firefox version 28.0 or newer, Chrome version 32 or newer, Opera version 12.17 or newer, Safari version 1.1. or newer,

    4. Cookies and Javascript enabled in the web browser.

  2. Use of the Online Store means any action by the Customer that leads to their becoming acquainted with the content available in the Store.

  3. The Customer is obliged in particular to:

    1. refrain from supplying and transmitting content prohibited by law, e.g. content promoting violence, defamatory content or content infringing personal rights and other rights of third parties,

    2. use the Online Store in a manner that does not disrupt its operation, in particular through the use of specific software or devices,

    3. refrain from actions such as: sending or posting unsolicited commercial information (spam) within the Online Store,

    4. use the Online Store in a manner that is not burdensome for other Customers or for the Seller,

    5. use any content posted within the Online Store solely for their own personal use,

    6. use the Online Store in a manner consistent with the law in force in the territory of the Republic of Poland, with the provisions of the Terms and Conditions, and with the general rules of using the Internet.

IV. Services

  1. Through the Online Store, the Seller makes free Services available, which are provided by the Seller 24 hours a day, 7 days a week.

  2. The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form made available on one of the pages of the Online Store. The agreement for the provision of the Service consisting in maintaining an Account in the Online Store is concluded for an indefinite period and is terminated when the Customer sends a request to delete the Account or uses the „Delete Account” button.

  3. The Customer may send a message to the Seller using the contact form available in the Online Store. The agreement for the provision of the Service consisting in making an interactive contact form available is concluded for a definite period and is terminated once the Customer sends the message via the form.

  4. The Customer may receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter service). To this end, a valid e-mail address must be provided or the appropriate field in the registration form or Order form must be activated. The Customer may withdraw consent to receiving commercial information at any time. The agreement for the provision of the Newsletter service is concluded for an indefinite period and is terminated when the Customer sends a request to remove their e-mail address from the Newsletter subscription or unsubscribes using the link contained in a message sent as part of the Newsletter service.

  5. The Customer may post in the Online Store individual and subjective statements relating, among other things, to the Goods or the course of the transaction. By adding statements, the Customer declares that they hold all rights to such content, in particular economic copyright, related rights and industrial property rights. The agreement for the provision of the Service consisting in posting reviews of Goods in the Online Store is concluded for a definite period and is terminated once the review has been added.

  6. Statements should be drafted in a clear and comprehensible manner; furthermore, they may not infringe applicable law, including the rights of third parties – in particular they may not be defamatory, infringe personal rights or constitute an act of unfair competition. Posted statements are disseminated on the websites of the Online Store.

  7. By posting a statement, the Customer consents to the free use of that statement and to its publication by the Seller, as well as to the making of adaptations of works within the meaning of the Act on Copyright and Related Rights (Journal of Laws 1994 No. 24, item 83).

  8. The Seller has the right to organise occasional competitions and promotions, the terms of which will each time be published on the Store's websites. Promotions in the Online Store cannot be combined unless the terms of a given promotion provide otherwise.

  9. If the Customer breaches the provisions of these Terms and Conditions, the Seller may – after first calling on the Customer, to no effect, to cease or remedy the breaches within an appropriate deadline – terminate the agreement for the provision of Services subject to a 14-day notice period.

V. Procedure for concluding a Sales Agreement

  1. Information about Goods provided on the Store's websites, in particular their descriptions, technical and functional parameters and prices, constitutes an invitation to conclude an Agreement within the meaning of Article 71 of the Civil Code.

  2. All Goods available in the Online Store are brand new and have been legally placed on the Polish market.

  3. Placing an Order requires having an active e-mail account and an Account in the Store.

  4. Where an Order is placed via the Order form available on the Online Store's website, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods covered by the Order. An offer submitted in electronic form is binding on the Customer if the Seller sends, to the e-mail address provided by the Customer, a confirmation that the Order has been accepted for processing, which constitutes the Seller's declaration of acceptance of the Customer's offer; upon its receipt by the Customer, the Sales Agreement is concluded.

  5. The Sales Agreement is concluded in Polish, with content consistent with the Terms and Conditions.

VI. Delivery

  1. Delivery of Goods is limited to the territory of the Republic of Poland.

  2. The Customer may choose the following forms of delivery of the ordered Goods:

    1. via a courier company;

    2. via a postal operator;

    3. delivered to a parcel locker (Paczkomat).

  3. On the Store's websites, in the description of the Goods, the Seller informs the Customer of the number of Business days needed to process the Order and deliver it, as well as of the amount of the delivery charges.

  4. The delivery and Order processing time is counted in Business days in accordance with section VII, subsection 2.

  5. The Seller provides the Customer with proof of purchase.

  6. If different processing times are provided for the Goods covered by an Order, the longest of the times provided applies to the entire Order.

VII. Prices and payment methods

  1. Prices of Goods are given in Polish zloty and include all components, including VAT, customs duties and other charges.

  2. The Customer may choose the following payment methods:

    1. bank transfer to the Seller's bank account (in this case processing of the Order will begin after the Seller sends the Customer confirmation that the Order has been accepted, and dispatch will take place immediately after the funds are credited to the Seller's bank account and the Order has been assembled);

    2. cash on delivery, payment to the carrier upon delivery (in this case processing of the Order and its dispatch will begin after the Seller sends the Customer confirmation that the Order has been accepted and the Order has been assembled);

    3. electronic payment (in this case processing of the Order will begin after the Seller sends the Customer confirmation that the Order has been accepted and after the Seller receives information from the clearing agent's system that the Customer has made the payment, and dispatch will take place immediately after the Order has been assembled).

  3. On the Store's websites the Seller informs the Customer of the deadline by which the Customer is obliged to pay for the Order. If the Customer fails to pay within the deadline referred to in the preceding sentence, the Seller may – after first calling for payment, to no effect, within an appropriate deadline – withdraw from the Agreement pursuant to Article 491 of the Civil Code.

VIII. Right to withdraw from the Agreement

    1. To exercise the right of withdrawal from the agreement, you may use the model withdrawal form that was added to your order, or download the relevant form in the RETURNS tab. Address for sending the form together with the returned products:

    RADICAL POLSKA

    Wigury 4

    95-035 Ozorków

    To meet the withdrawal deadline, the return form together with the returned goods must be sent back within 30 days to the address RADICAL POLSKA, Wigury 4, 95-035 Ozorków.

  2. The 30-day period runs from the day on which the Goods were delivered or, in the case of an Agreement for the provision of Services, from the day on which it was concluded.

  3. The Consumer's right to withdraw from the Agreement is excluded in the case of:

    1. the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the performance began that after the Seller's performance they would lose the right to withdraw from the Agreement;

    2. an Agreement in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the Agreement;

    3. an Agreement in which the subject of performance is non-prefabricated Goods, manufactured to the Consumer's specification or serving to satisfy their individualised needs;

    4. an Agreement in which the subject of performance is Goods that are liable to deteriorate rapidly or have a short shelf life;

    5. an Agreement in which the subject of performance is Goods delivered in a sealed package which, once opened, cannot be returned for health protection or hygiene reasons, if the package was opened after delivery;

    6. an Agreement in which the subject of performance are Products which, after delivery, by their nature become inseparably combined with other items;

    7. an Agreement in which the Consumer expressly requested that the Seller come to them in order to carry out urgent repairs or maintenance; if the Seller additionally provides services other than those requested by the Consumer, or supplies Goods other than spare parts necessary to carry out the repair or maintenance, the Consumer has the right to withdraw from the Agreement in respect of the additional services or Goods;

    8. an Agreement concluded by public auction;

    9. an Agreement for the supply of digital content not recorded on a tangible medium, if performance began with the Consumer's express consent before the deadline for withdrawal from the Agreement and after the Seller informed them of the loss of the right of withdrawal.

  4. In the event of withdrawal from an Agreement concluded at a distance, the Agreement is deemed not to have been concluded. What the parties have provided is subject to return in an unchanged condition, unless the change was necessary to establish the nature, characteristics and functioning of the Goods. The return should take place without delay, no later than within 30 days. The purchased Goods must be returned to the Seller's address.

  5. The Seller shall, without delay but no later than within 14 days of receiving the Consumer's declaration of withdrawal from the Agreement, return to the Consumer all payments made by them. The Seller makes the refund using the same method of payment as the Consumer used, unless the Consumer agrees to another method of refund, provided that this method does not involve any cost for the Consumer. The Seller may withhold the refund of payments received from the Customer until the item is received back or until the Customer provides proof of its return, whichever occurs first, unless the Seller has offered to collect the item from the Customer.

  6. The Customer bears only the direct cost of returning the Goods, unless the Seller has agreed to bear that cost.

  7. IF YOU USE THE SZYBKIEZWROTY.PL OPTION, YOUR REFUND WILL BE REDUCED BY PLN 12 - THIS IS THE COST OF SENDING THE RETURN PARCEL.

IX. Complaints concerning Goods under the statutory warranty

  1. The Seller undertakes to deliver the Goods free from defects.

  2. The Seller is liable towards a Customer who is a Consumer under the statutory warranty for defects on the terms set out in Articles 556–576 of the Civil Code. In relation to Customers who are Entrepreneurs, the statutory warranty is excluded.

  3. Complaints arising from an infringement of the Customer's rights guaranteed by law or under these Terms and Conditions should be addressed to „RADICAL POLSKA” Krzysztof Królikowski, ul. Wigury 4, 95-035 Ozorków, or to the e-mail address: [email protected].

  4. In order for the complaint to be examined, the Customer should send or deliver the Goods complained about, enclosing proof of purchase if possible. The Goods should be delivered or sent to the address indicated in point 3.

  5. The Seller undertakes to examine every complaint within 14 days.

  6. If the complaint is incomplete, the Seller will call on the Customer to supplement it to the necessary extent without delay, but no later than within 7 days of the date on which the Customer receives the request.

X. Complaints regarding the provision of services by electronic means

  1. The Customer may submit complaints to the Seller in connection with the operation of the Store and the use of the Services. Complaints may be submitted in writing to the address: „RADICAL POLSKA” Krzysztof Królikowski, ul. Wigury 4, 95-035 Ozorków, or to the e-mail address: [email protected].

  2. In the complaint the Customer should provide their first name and surname, correspondence address, and the type and description of the problem that has arisen.

  3. The Seller undertakes to examine every complaint within 14 days and, should this not be possible, to inform the Customer within that period when the complaint will be examined. If the complaint is incomplete, the Seller will call on the Customer to supplement it to the necessary extent within 7 days of the date on which the Customer receives the request.

XI. Guarantees

  1. Goods may be covered by a manufacturer's guarantee.

  2. In the case of Goods covered by a guarantee, information on the existence and content of the guarantee and the period for which it has been granted is presented each time in the description of the Goods on the Store's websites.

XII. Out-of-court methods of handling complaints and pursuing claims

  1. A Customer who is a Consumer has, among others, the following options for using out-of-court methods of handling complaints and pursuing claims:

    1. they are entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement;

    2. they are entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Customer and the Seller;

    3. they may obtain free assistance in settling a dispute between the Customer and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or of a social organisation whose statutory tasks include consumer protection (including the Consumer Federation, the Polish Consumers Association). Advice is provided by the Consumer Federation via the free consumer helpline 800 007 707 and by the Polish Consumers Association at the e-mail address [email protected];

    4. they may submit a complaint via the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/.

XIII. Protection of personal data

Personal data provided by Customers is collected and processed by the Seller in accordance with applicable law and with the Privacy Policy available on the Store's website.

In order to carry out a purchase satisfaction survey, we transfer to the Ceneo.pl service the Customer's personal data in the form of an e-mail address and an order ID number. Ceneo.pl uses this data on a one-off basis to send a survey evaluating the purchase made. The data is transferred on the basis of a data processing entrustment agreement in accordance with Article 28 of the GDPR. If the Customer does not consent to receiving such a survey, they may inform us of this before placing the order or immediately after placing it, by sending an e-mail to: [email protected]

XIV. Final provisions

  1. All rights to the Online Store, including economic copyright and intellectual property rights to its name, Internet domain and website, as well as to the forms and logotypes, belong to the Seller, and their use may take place solely in the manner specified and consistent with the Terms and Conditions.

  2. Any disputes arising between the Seller and a Customer who is a Consumer shall be resolved by the courts having jurisdiction in accordance with the relevant provisions of the Code of Civil Procedure.

  3. Any disputes arising between the Seller and a Customer who is an Entrepreneur shall be resolved by the court having jurisdiction over the Seller's registered office.

  4. In matters not regulated by these Terms and Conditions, the provisions of the Civil Code, the provisions of the Act on the provision of services by electronic means, the provisions of the Consumer Rights Act and other relevant provisions of Polish law shall apply.

  5. Every Customer will be informed of any changes to these Terms and Conditions by means of information on the home page of the Online Store containing a summary of the changes and the date of their entry into force. Customers holding an Account will additionally be informed of the changes, together with a summary thereof, at the e-mail address they have indicated. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. If a Customer holding a Customer Account does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact within 14 days of the date of being informed of the change to the Terms and Conditions. Notifying the Seller of non-acceptance of the new content of the Terms and Conditions results in termination of the Agreement.