REGULATIONS OF THE INTERNET STORE
www.amglos.com
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
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The Regulations define the principles and conditions of providing the services by electronic means, including using the Store www.amglos.com conducted by LUHMI Sp. z o.o. with its seat in Legnica, Poland and the rights, obligations and conditions of the liability of the Seller and the Client. The Regulations contain also the information which must by transferred to the Consumer by the Seller in accordance with the applicable law provisions, including the act of 30 May 2014 on the rights of the consumer (i.e. J. of L of 2024, pos. 1796 as amended
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Each Client should familiarize with the Regulations.
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The Regulations shall be available on the website of the Store and are available free of charge also before concluding the agreement. Upon the demand of the Client, the Regulations are also made available in the manner which allows for obtaining, restoring and maintaining their text by means of data information system which is used by the Client (e.g. electronic means).
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Basic definitions:
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Regulations: Regulations of the Internet Store;
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Seller: LUHMI SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Bagienna 9, 59-220 Legnica, Poland, conducting business activity under the Tax ID number 691-251-35-48, REGON 363357560, incorporated into the Entrepreneurs’ Register of the National Court Register by the District Court for Wrocław-Fabryczna in Wrocław, IX Commercial Division of the National Court Register under KRS number 0000606654
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The Client: natural person who reached 18 and possesses full legal capacity, legal person and organizational unit without legal identity, but who may, on their own behalf, acquire the rights and incur liabilities who will establish the legal relation with the Seller in the scope of the activity of the Store. The Client is also a Consumer, if in a given issue there are no separate provisions in relation to the Consumer;
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Consumer: The Client being a natural person making a legal activity with the Seller (purchase), not affiliated directly with their business or professional activity;
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Electronic Service – a service within the meaning of the act of 18 July 2002 on the provision of services by electronic means (i.e. J. of L of 2024, pos. 1513 as amended) provided by electronic means by the Seller for the Client by means of the Service;
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Store or Internet Store, or Service: Electronic service, Internet Store, conducted by the Seller at the Internet address www.amglos.com, within which the Client concludes the sales agreement for distance, the parties are informed about making sales by electronic means generated automatically, and performance of the agreement (in particular the supply of Goods) takes place outside Internet;
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Account – Electronic Service, marked with the individual name (login) and password provided by the Client, a set of the resources in the data information system of the Seller in which the data is collected provided by the Client and the information on the activities within the Store;
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Goods or the Product – the Goods are sold in the Store located in the offer of the Seller;
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Agreement – distant agreement, concerning the purchase of the Goods, concluded as a result of placing the Order by the Client in the Store and accepting it by the Seller;
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Form – a script constituting a means of electronic communication allowing for placing the Order in the Store or making other activities in the Store;
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Order – disposition of the purchase of the Goods placed by the Client by means of the technical communication;
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Newsletter – Electronic Service, distribution service provided by the Seller by means of electronic mail (e-mail), which allows for all the Clients using it for automatic obtaining cyclical messages from the Seller (newsletters), containing the information on the Service, including news or promotions in the Store.
CHAPTER 2. BASIC AND TECHNICAL INFORMATION
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Seller contact data with the Client: address 59-220 Legnica ul. Bagienna 9,Polska, email address biuro@amglos.com, telephone number 76 500 01 40
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Seller offers the following types of Electronic Services:
1) Internet Store,
2) Newsletter,
3) Giving opinions (commenting),
4) Account.
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Seller provides the Electronic Services in accordance with the Regulations.
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A technical condition for using the Store is to possess a computer by the Client or other devices allowing for the Internet browsing, respectively the software (including search engine), access to Internet and current and active electronic mail account.
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The prohibition to provide the illegal text by the Client.
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Using the Store may be connected with threats typical for using the Internet such as spam, viruses, hacker attacks. The Seller undertakes the activities to counteract these threats. The Seller indicates that a public nature of the Internet and using the services provided via electronic means may be connected with a threat to obtain or modify the data of the Clients by the unauthorised persons which minimize the abovementioned threats including antivirus programs and protecting the identity of those using the Internet.
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Concluding the agreement for the provision of Electronic Services shall take place by means of Store via Internet. The Client may at any time terminate using the Electronic Services by means of leaving the Store or by means of removing the account of the Client. In such a case the agreement for the provision of Electronic Services is terminated automatically without the necessity to submit additional statements of the parties.
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There is no possibility to use the Store anonimously or with the use of pseudonym.
CHAPTER 3. PERSONAL DATA
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The personal data provided by the Clients is processed by the Seller in accordance with the law provisions, including the Regulation of the European Parliament and the Council (EU) 2016/679 of 27 April 2016 on protection of natural persons in connection with processing personal data and on free flow of such data and repealing the directive 95/46/CE (general data protection regulation) (O J UE.L. of 2016 no 119, hereinafter referred to as: „Regulation”). The Seller informs that the Controller of the Personal Data is LUHMI Sp. z o.o. with its seat in Poland in Legnica 59-220, ul. Bagienna 9, REGON: 363357560, incorporated into the Entrepreneurs’ Register of the National Court Register by the District Court for Wrocław-Fabryczna in Wrocław, IX Commercial Division of the National Court Register under KRS number 0000606654, contact data: +48 76 500 01 40, email address: biuro@amglos.com
In particular:
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The Seller assures that the data was:
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processed in accordance with law, reliably and in the transparent manner for the Clients and other persons to whom the data refers;
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collected for specific, clearly and legally justified purposes and not processed further on in the manner contrary for the purposes;
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adequate, proper and limited to what is necessary for the purposes for which it is processed;
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proper and updated if need be;
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stored in the form allowing for identification of the person to whom it refers for the period not longer than it is necessary for the purposes for which it is processed;
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processed in the manner assuring the proper security of personal data, including protection against prohibited processing or the processing contrary with the law and accidental loss, destruction or damage, by means of proper technical or organizational means,
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The Seller uses proper technical and organizational means assuring protection for the processed personal data proper for the nature, scope, context and purposes of processing and risk of infringing the rights or freedoms of natural persons;
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The Seller assures the access to personal data and using other rights for the Clients and other persons to whom the data refers in accordance with the applicable law provisions.
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The basis to process personal data is the consent of the Clients or occurring another prerequisite entitling to process personal data by the Regulation.
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The Seller guarantees the realization of the persons to whom the personal data is processed under the principles resulting from the proper provisions, including the persons are entitled to:
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1) the right to withdraw the consent on processing personal data;
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2) the right to the information concerning their personal data;
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3) the right to control the processing of data, including completing it, updating, correcting, removing;
4) the right to object towards the processing or limiting to processing;
5) the right to complain to the body of supervision and using other legal means for protection of their rights.
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The person with access to personal data processes it exclusively on te basis of the authorisation of the Seller or the agreement to entrust processing of personal data and exclusively upon the order of the Seller.
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The Seller assures that failing to provide personal data to other entities than those authorised on the basis of proper law provisions unless the law of the European Union or the Polish law require otherwise.
CHAPTER 4. ADDITIONAL INFORMATION
§ 1 Account.
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Registration of the Account on the website of the Store is free of chargé and require the following activities: the Client should fill in the form of registration providing defined data and submitting the statements on approval of the Regulations, processing personal data, transferring commercial information. To the electronic address of the Client provided by him in the registration process of the Account the link will be sent allowing for reviewing the Account. Logging onto the Account involves providing the login and the password established by the Client. The password is confidential and should not be made available to anyone.
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The Account allows for the Client to introduce or modify the data, make or check the Orders and review the history of the Orders.
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Electronic Service Account is provided free of chargé for the indefinite time.
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The Client may at any time resign from the Account in the Store by means of sending a proper demand to the Seller by electronic means to the e-mail address: biuro@amglos.com or in writing to the address of the Seller Sprzedawcy: Luhmi sp. z o.o. ul. Bagienna 9, 59-220 Legnica, Polska.
§ 2. Newsletter
1. The service of Newsletter aims at providing the Client with the information ordered.
2. Using the Newsletter does not require the registration of the Account by the Client but requires to provide the address of electronic mail and submit the statements on approval of the Regulations, process personal data, transfer commercial information.
3. To the email of the Client the link will be sent confirming the subscription of Newsletter.
4. The Electronic Service of Newsletter is provided free of chargé for the indefinite period.
5. The Client mat resign from the Newsletter at any time by means of sending a proper demand to the Seller by electronic means to the e-mail address: biuro@amglos.com or in writing to the address of the Seller: Luhmi sp. z o.o. ul. Bagienna 9, 59-220 Legnica, Poland.
§ 3. Opinions
1. The Seller allows for the Clients to put on the website of the Store individual and subjective opinions (opinions, comments) of the Client in particular concerning Goods.
2. The Service is provided free of chargé for the indefinite time.
3. Using the service is possible only for the registered users.
4. The Seller may use the opinions for the purpose of the text placed in the Service.
CHAPTER 5. SALE
§ 1. Goods
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All The products offered in the Store are new and have no defects. A detailed description of the Goods is placed on the site of the Store.
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For the Goods, a guarantee may be provided, or for the post-sale services. A detailed information in this respect is placed at the description of the Goods.
§ 2. Orders and their realization
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The order may be placed by means of filling the Form, available in the Store.
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The order may be placed after prior registration of the Account in the Store with or without registration of the Account in the Store (hospitable purchases).
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The Client shall be obliged to fill in the Form carefully providing all data in accordance with the actual state of affairs and defining the selected manner of payment and supply.
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The Client provides in the Form the data and submits the statement on approval of the Regulations, process personal data, transfer commercial information.
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The orders in the Store may be placed 24 hrs a day, 7 days in the week. The orders placed on Saturdays, Sundays or holidays are considered on the following working day.
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The confirmation of placing the Order is made by the Client by means of selecting a button (field) marked „order with an obligation to pay”. The Seller shall send to the Client to the email address indicated by the Client the confirmation of the Order. .
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The realization time of the order (i.e. until the dispatch day of the Goods) shall be maximum within 3 working days.
§ 3. Payments
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All the process of Goods provided in the Store are gross prices in Polish zlotys (the prices include VAT tax). The price of the Goods does not take into account the costs, referred to in point 2 below. The price of the Goods provided upon placing the Order by the Client is binding or both parties.
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The costs connected with the supply of Goods (e.g. transport, delivery, postal services) and any costs shall be borne by the Client. The level of these costs may depend on the choice of the Client as to the manner of the supply of Goods. The information on the level of these costs is transferred on the stage of placing the Order.
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The Client may choose the manner of payment:
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traditional method - payment before the dispatch of the Goods (prepayment). After placing the Order, the Client should pay/transfer the due amount to the bank account of the Store. The realization of the Order shall take place after accounting the payment of the Client on the bank account of the Store;
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payment by means of the system of payment przelewy24 - the payment before sending the Goods (prepayment). After placing the Order, the Client should make the payment by means of the system przelewy24. The realization of the Order takes place after accounting the payment of the Client in the system przelewy24
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payment by means of the payment system PayPal - he payment before sending the Goods (prepayment). After placing the Order, the Client should make the payment by means of the system PayPal. The realization of the Order takes place after accounting the payment of the Client in the system PayPal.
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payment by means of cash on delivery for the Goods (cash on delivery) - The Client pays the due amount directly on delivery of the Goods for the carrier. The realization of the order takes place after accepting the Order.
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For each product sold, the Store issues the purchase evidence and delivers it to the Client, if the provisions of the commonly applicable law require the delivery.
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The Client shall be obliged to pay within 7 days from the day of concluding the sales agreement, if the selected manner of payment does not require to keep another date. If within this period the Client does not make the payment, then - in accordance with art. 491 § 1 of the Civil Code (i.e. J. of L of 2024, pos. 1061 as amended) - the Seller shall indicate for the Client a new date for payment after the ineffective lapse of which he shall be authorized to withdraw from the agreement. If the Client states that he shall not fulfill the provision, the Seller may withdraw from the agreement without indicating the additional date also before the marked period for fulfilling the benefit.
§ 4. Delivery
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The Products is sent to the address indicted by the Client in the Form, unless the Parties state otherwise.
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The Product is delivered by means of the courier company. The parcel sent by means of the courier company should be delivered - within maximum 3 working days from the day of sending the Goods, as a rule on the day following the sending date.
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The Client may make the personal collection of the Goods at the address Poland 59-220 Legnica, ul. Bagienna 9 after earlier telephone confirmation under the number 76 500 01 40.
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Along with the Goods, the Seller shall give to the Client all the elements of its equipment and manuals of operation, maintenance and other documents required by the commonly applicable law provisions.
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The Seller indicates that:
1) upon giving the Goods to the Client or the carrier, onto the Client the burdens and benefits shall pass connected with the Goods and a danger of accidental loss or damage of the Goods. In selling for the Consumer, the risk of accidental loss or damage of the Goods shall pass onto the Consumer upon giving the Goods to the Consumer. Giving the Goods shall be considered as its entrusting by the Seller to the carrier, if the Seller had no influence on the choice of the carrier by the Consumer,
2) accepting the shipment with the Goods by the Client without reservations shall result in expiration of the claims or damage in the transport unless:
a) the damage was stated by protocol before accepting the shipment;
b) such a statement was abandoned at the fault of the carrier;
c) the loss or damage resulted from grosso r purposeful guilt of the carrier;
d) the damage not noticeable from outside was stated by the person authorised after accepting the shipment and within 7 days demanded to establish its condition and proved that the damage was created between the period of accepting of the shipment for transport and its issuing.
§ 5. Additional information for the Consumer
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The agreement is not concluded for the indefinite time and shall not be subject to automatic renewal.
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Minimum duration of the liabilities of the Consumer resulting from the Agreement is the realization time of the Agreement, i.e. making the payment and collecting the Goods.
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Using the Store by the Consumer is not connected with the obligation to submit a deposit or provide other financial guarantees.
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The Seller has no obligation and does not use the code of good practices, referred to in art. 2 point 5 of the act of 23 August 2007 on counteracting unfair market practices (i.e. J. of L of 2023, pos. 845 as amended).
CHAPTER 6. LIABILITY
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Liability for the warranty is excluded in legal relations with the Clients.
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The Seller is responsible towards the Consumer, if the Goods have physical or legal defects (warranty) under the principles defined in the provisions of the Civil Code (i.e. J. of L of 2024, pos. 1061 as amended) and in the act of 30 May 2014 on the rights of the consumer (i.e. J. of L of 2024, pos. 1796 as amended) including under the following principles:
1) a physical defects involves non-conformity of the Goods with the agreement. In particular the Goods are contrary to the agreement, if:
a) Goods have no properties, which such a thing should have due to the purpose in the agreement marked or resulting from the circumstance or purpose;
b) Goods have no properties, on the existence of which the Seller assured the Consumer;
c) Goods are not suitable for the purpose, about which the Consumer informed the Seller in concluding the agreement, and the Seller did not report the reservations as to such a purpose;
d) Goods were given to the Consumer in the incomplete condition.
2) Goods have legal defect if the Goods constitute a property of the third person or if are charged with the right of the third person as well as if the limitation in using or disposal of the Goods result from the decision or the statement of the proper body; in case of the sale of the right, the Seller shall be responsible also for the existence of the right;
3) The Seller shall be responsible for the warranty for physical defects which existed upon passing the danger onto the Consumer or resulted from the reason being in the Goods at the same time.
4) The Seller is released from the liability for the warranty, if the Consumer knew about the defect at the time of concluding the agreement;
5) if the natural defect was stated before the lapse of the year from giving the Goods it is presumed that the defect or its reason existed upon passing the danger onto the Consumer;
6) The Seller is responsible for the warranty, if the physical defect is stated before the lapse of two years from giving the Goods to the consumer and if the Goods acquired by the Consumer is the movable item, the Seller shall be responsible for the warranty, if the physical defect is stated before the lapse of one year from giving the Goods;
7) the rights of the Consumer for the warranty are:
a) demand to lower the price of the Goods or withdraw from the agreement unless the Seller immediately and without excessive discomfort for the Consumer replaces the defective item into the item free from defects or will remove the defect;
b) The Consumer may, instead of the removal of the defect proposed by the Seller, demand to have the Goods exchanged into the one free from defects or instead of the replacement of the item to demand to have the defect removed unless the conformity with the agreement in the manner selected by the Consumer is impossible or would require excessive costs in comparison with the manner proposed by the Seller. In assessing excessive costs, the value of the item free of charge is taken into account, type and meaning of the defects stated in comparison with the manner proposed by the Seller. In assessing the excessive costs the value of the item free of defects is taken into account, type and meaning of the defect stated as well as the discomfort is taken into account to which the Consumer is exposed while another manner of satisfaction;
8) The Consumer, who performs the rights from the warranty, shall be obliged, at the cost of the Seller, to provide the defective item to the place marked in the agreement and if such place was not defined in the agreement - to the place in which the item was given to him.
CHAPTER 7. PROCEDURE FOR CONSIDERING THE COMPLAINT
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The complaints should be directed to the Seller in writing to the address: Luhmi sp. z o.o. ul. Bagienna 9, 59-220 Legnica, Poland. The Client may use the pattern of the complaint available in the Store, but this is not the condition to consider the complaint.
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In case of stating that the shipment with the Goods is infringed, suffered a decay or damage, the Client should immediately (no later than within 7 days from collecting the shipment), lodge the complaint at the Seller. Such a step will allow for seeking claims from the carrier. This is not the condition to consider the complaint of the Consumer.
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The complaint should contain a detailed description of the problem and the demand of the Client, alternatively also photo documentation.
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The Seller undertakes to consider the complaint of the Client within 30 days, and the complaint of the Consumer within 14 days. If the Seller does not take a stance to the complaint of the Consumer within 14 days it is considered it justified.
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The Purchaser may not withdraw from the agreement, if the defect is insignificant.
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If the complaint is recognised, the Seller starts proper actions.
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There is a possibility to use out-of-court methods of considering the complaints and seeking claims in legal relations with the Consumers, including:
1) possibility to solve the disputes by electronic means by means of ODR platform (online dispute resolution), available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL;
2) possibility to conduct the amicable procedure before the common court or other bodies.
CHAPTER 8. WITHDRAWAL FROM THE AGREEMENT
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Withdrawal from the Agreement by the Seller or the Client ay take place under the provisions of the Civil Code (i.e. J. of L of 2024, pos. 1061 as amended).
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The Consumer is entitled to withdraw from the Agreement within 14 days from obtaining the Goods.
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The information on withdrawal from the Agreement by the Consumer is contained in the instruction on the right on withdrawal, available on the site of the Store.
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The right to withdraw from the Agreement is not granted to the Consumer with reference to some agreements, i.e.:
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on provision of services, if the Seller performer fully the service with clear consent of the Consumer who was informed before the commencement of the provision that after fulfilling the provision by the Seller, he loses the right to withdraw from the Agreement;
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in which the price or the remuneration depends on the fluctuations on the financial market over which the Seller has no control and which may not take place before the lapse of the period for withdrawal from the Agreement;
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in which the Goods are the not prefabricated item, manufactured by the specifications of the Consumer or used for satisfying his individualized needs;
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in which the Goods are the perishable items or having short period of shelf life;
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in which the Goods are the items delivered in the sealed package, which cannot be returned after they have been opened due to the protection of health or for hygienic reasons;
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in which the Goods are the items which after delivery due to their nature, are permanently connected with other items;
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in which the Goods are alcohol beverages, the price of which was established on concluding the Agreement and the delivery of which may take place only after the lapse of 30 days and the value of which depends on the fluctuations of the market, over which the Seller has no control;
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in which the Consumer clearly demanded that the Seller came to them to make the urgent repair or maintenance; if the Seller provides additionally other services than those the performance of which the Consumer demanded or delivers other items than spare parts necessary to perform the repair or maintenance, the right to withdraw from the Agreement is granted to the Consumer with reference to the additional services or items;
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in which the Goods are the sound or visual recordings or computer programs delivered in sealed package, if the packages was opened after delivery;
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for delivery of journals, periodicals or magazines except for subscription agreements;
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concluded by means of public auction;
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for the provision of services in accommodation, for other purposes than residential, transport of items, rental of cars, gastronomy, services connected with leisure, entertainment, sport or cultural events, if in the agreement the day or period of providing the service was marked;
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for delivery of digital texts which are not recorded on the tangible carrier, if the fulfillment of the provision started with the clear consent of the Consumer before the lapse of the period for withdrawal from the agreement and after informing him by the Seller on the loss of the right to withdraw from the agreement.
5. The Seller shall immediately, no later than within 14 days from obtaining the statement of the Consumer on withdrawal from the agreement, shall return to the Consumer all the payments made by him, including costs of delivery of the Goods. The Seller makes the return of the payment with the use of the same method of payment which was used by the Consumer, unless the Consumer clearly agreed for another manner of return which is not connected for him with any costs.
6. If the Consumer selected the method of delivery which is different than another cheapest, ordinary manner of delivery offered by the Seller, the Seller shall not be obliged to return to the Consumer additional costs incurred by him.
7. The Consumer shall be obliged to return the Goods with all the elements of equipment, including package, if it constitutes a significant element of the Goods. The Seller may refrain from the return of the payment until obtaining the Goods or until delivery to the Seller of the evidence of its being sent depending on which event takes place earlier.
8. The Consumer incurs only direct costs of return of the Goods, unless the Seller agreed to incur them or did not inform the Consumer about the necessity to incur the costs.
9. The Consumer incurs liability for reducing the value of the Goods being the result of using by him in the manner exceeding the scope necessary to state the nature, features and functioning of the Goods.
10. In case of ineffective withdrawal from the Agreement, it is considered as not concluded.
CHAPTER 9. INTELLECTUAL PROPERTY
1. The rights to the Service and texts contained therein belong to the Seller.
2. The address of the site at which the Store is available is also the address of the website www.amglos.pl , www.amglos.de constituting the subject of the copyright and are protected by the copyright and the right of intellectual property.
3. All logotypes, own names, graphic projects, films, texts, forms, scripts, source codes, passwords, trademarks, service marks, etc. are reserved marks and belong to the Seller, manufacturer or the distributor of Goods. Downloading, copying, modifying, reproducing, sending or distributing any texts from the site www.amglos.pl, www.amglos.de, www.amglos.com without the consent of the owner is prohibited.
CHAPTER 10. FINAL PROVISIONS
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In the issues not settled in the Regulations in legal relations with the Clients or the Consumers the proper provisions of the commonly applicable law shall apply.
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All the deviations from the Regulations shall require written form or else they shall be null or void.
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The competent court for resolving the dispute between the Seller and the Client shall be the proper competent court according to the seat of the Seller. The competent court for resolving the dispute between the Seller and the Consumer shall be the competent court by the general principles (the court of place of residence of the respondent) or another more comfortable one for the Consumer (by art. 31-37 of the Code of Civil Procedure).