regulations

Regulations of achrem.com online shop

§1 Definitions

1. Personal Data Administrator: ACHREM STUDIOS SP. Z O.O. with its registered office in Warsaw (01- 748), 12/141 Szamocka Street, entered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Department of the National Court Register under KRS number 0000769054, having tax identification number NIP: 5252778368 and statistical number REGON 382429900.

2. E-mail: general@achrem.com

3. The complaint department address: ACHREM STUDIOS SP. Z O.O. 12/141 Szamocka Street, 01-748 Warsaw

4. Delivery price list – a list of available delivery types and their costs, available at the delivery and payment address.

5. Contact details: ACHREM STUDIOS SP. Z O.O. 12/141 Szamocka Street, 01-748 Warsaw

6. Personal data – any information concerning an identified or identifiable natural person. Information shall not be considered to identify a person if it would require excessive costs, time or action.

7. Sensitive data – is personal data that includes information about racial or ethnic origin, political opinions, religious or philosophical beliefs, religious, party or trade union membership, as well as data about health, genetic code, addictions, sexual life, convictions, sentences and fines, and other rulings issued in judicial or administrative proceedings.

8. Delivery – type of transport service with specification of the carrier and cost listed in the delivery price list at achrem.com/ delivery-and-payment

9. Evidence of purchase – invoice, bill or receipt issued in accordance with the Value Added Tax Act of 11 March 2004 as amended and other relevant legislation.

10. Product card – a single subpage of the shop with information about a single product.

11. Customer – an adult natural person having full legal capacity, a legal person or an organizational unit without legal personality and having the capability to perform legal actions, purchasing from the Seller directly related to its business or professional activity.

12. Civil Code – Civil Code Act of 23 April 1964 as amended.

13. Code of Good Practice – a set of rules of conduct, in particular ethical and professional norms referred to in Article 2 point 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007, as amended.

14. Consumer – an adult natural person of full legal capacity making a purchase from the Seller not directly associated with his business or professional activity.

15. Shopping bag– a list of products made from the items offered in the shop based on the Purchaser’s choices.

16. Purchaser – both the Consumer and the Customer.

17. Place of delivery – postal address indicated in the order by the Purchaser.

18. Moment of delivery of the item – the moment when the Purchaser or a third party indicated by the Purchaser for collection will take possession of the item.

19. ODR internet platform – an EU website operating under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC and available at https://webgate.ec.europa.eu/odr.

20. Payment – method of payment for the subject of the agreement and delivery listed at achrem.com / delivery-and-payment The online payment service provider is:

 PayU Service with its registered office in Poznań, 60-166 Poznań, at 186 Grunwaldzka Street, entered into the register of entrepreneurs kept by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under KRS number 0000274399, having tax identification number NIP 779-23-08-495, with the share capital of PLN 4,944,000, paid in full; national payment institution supervised by the Polish Financial Supervision Authority, entered into the Register of Payment Services under IP1/2012.

 Pay Pal Service Data: PayPal (Europe) S.a.r.l. and Cie, S.C.A. 5th Floor 22-24 Boulevard Royal, L-2449, Luxembourg.

21. Rightholder – an entity authorised to resolve consumer disputes out-ofcourt within the meaning of the Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016, as amended.

22. Privacy policy – terms of processing of Purchasers’ personal data by the Data Administrator, Purchasers’ rights and duties of the Data Administrator, which are located at: achrem.com/privacy policy

23. Consumer Law – Consumer Rights Act of 30 May 2014.

24. Product – minimum and indivisible quantity of the products, that can be the subject of the order and which is given in the Seller’s shop as a unit of measure when determining its price (price/unit).

25. Subject of the agreement – products and delivery being the subject of the agreement.

26. Object of the performance – subject of the agreement.

27. Collection point – a place of delivery of items not being a postal address, listed in the list provided by the Seller in the shop.

28. UOKiK Register – a register of authorised entities maintained by the Office of Competition and Consumer Protection under the Act on Out-ofCourt Resolution of Consumer Disputes of 23 September 2016, as amended and available at the address: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.phpiot_uprawniony ch.php

29. RODO – 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

30. Item – a movable item which may be or is the subject of the agreement.

31. Shop – a website available at veclaim.com, through which the purchaser can place an order.

32. Seller: ACHREM STUDIOS SP. Z O.O. with its registered office in Warsaw (01- 748), 12/141 Szamocka Street, entered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Department of the National Court Register under KRS number 0000769054, having tax identification number NIP: 5252778368 and statistical number REGON 382429900.

33. System – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunication networks by means of an end device appropriate for a particular type of network, commonly referred to as the Internet.

34. Deadline – number of hours or working days indicated on the product card.

35. Agreement – an agreement concluded away from business premises or at a distance within the meaning of the Act on Consumer Rights of 30 May 2014 in the case of Consumers and a sales agreement within the meaning of Article 535 of the Civil Code Act of 23 April 1964 in the case of Purchasers.

36. A defect – both a physical defect and a legal defect.

37. Physical defect – non-compliance of the sold item with the agreement, in particular if the item:

1. does not have the characteristics that an item of that kind should have in view of its purpose in the agreement, either as indicated in the agreement or as a result of the circumstances or purpose;

2. does not have characteristics of which the Seller has assured the Consumer,

3. is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the agreement and the Seller has not objected to such purpose;

4. has been issued to the Consumer in an incomplete state; alternatively, in the case of its incorrect installation and commissioning, if these actions have been performed by the Seller or a third party for which the Seller is responsible, or by the Consumer who has followed the instructions received from the Seller;

5. does not have the characteristics provided by the producer or his representative or the person who places the item on the market in the course of his business and the person who, by placing his name, trade mark or other distinctive sign on the item sold, presents himself as the producer, unless the seller did not know or could not reasonably be expected to have known or could not have influenced the consumer’s decision to conclude the agreement, or if their content was rectified before the agreement was concluded.

38. Legal defect – a situation where the item sold is owned by or encumbered with the rights of a third party, and where the restriction on the use or disposal of the item results from a decision or ruling of a competent authority.

39. Order – a declaration of will of the Purchaser made with and through the shop specifying unambiguously: type and quantity of products; type of delivery; type of payment; place of delivery of items, data of the Purchaser and aimed directly at concluding an agreement between the Purchaser and the Seller.

§2 General conditions

1. The agreement is concluded in accordance with Polish law and these regulations.

2. The seller is obliged and undertakes to provide services and deliver items free from defects.

3. All prices given by the Seller are expressed in Polish currency and are gross prices (including VAT).

4. Any deadlines shall be considered in accordance with Article 111 of the Civil Code, that is to say, a deadline marked in days shall end with the expiry of the last day, and if the beginning of a deadline marked in days is a certain event, it shall not be taken into account in determining the deadline of the day on which that event occurred.

5. Confirmation, making available, recording, securing all relevant provisions of the agreement in order to gain access to this information in the future shall take the form of: a. order confirmation by sending to the indicated e-mail address: order.

6. The seller informs about guarantees known to him given by third parties for products in the shop.

7. The Seller shall not charge any fees for communication with him using means of distance communication, and the Purchaser shall bear its costs in the amount resulting from the agreement concluded with a third party providing him with a specific service enabling distance communication.

8. The Seller shall ensure the correctness of the shop’s operation in the following browsers to the Purchaser using the system: IE version 7 or higher, FireFox version 3 or higher, Opera version 9 or higher, Chrome version 10 or higher, Safari with the latest JAVA and FLASH versions installed, on screens with horizontal resolution above 1024 px. The use of third party software that affects the operation and functionality of Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, so please disable them all in order to get full functionality of achrem.com.

9. The purchaser may use the option to store his/her data in order to facilitate the process of placing another order. In order to do so, the Purchaser should provide the login and password necessary to access his account. The login and password are a sequence of characters determined by the Buyer, who is obliged to keep them secret and protect them from unauthorized access by third parties. The Purchaser has the possibility to view, correct, update and delete the account in the shop at any time.

10. The seller complies with the code of good practice.

11. The purchaser is obliged to: a.a. not providing or transmitting content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties, a.b. use the shop in a way that does not interfere with its functioning, in particular by using specific software or devices, a.c. not to take actions such as sending or posting unsolicited commercial information (spam) within the shop, a.d. use the shop in a way that is not inconvenient for other Purchasers and for the Seller, a.e. use any and all content provided within the shop only for your own personal use, a.f. use the shop in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the regulations, as well as general principles of netiquette.

§3 Agreement conclusion and implementation

1. Orders can be made 24 hours a day.

2. In order to place an order, the Purchaser should perform at least the following actions, some of which may be repeated many times; a. adding the product to the shopping bag; b. choosing the type of delivery; c. choosing the type of payment; d. choosing the place of delivery; e. placing an order in the shop by using the “Buy and pay” button.

3. The conclusion of the agreement with the Consumer takes place upon placing an order.

4. Order completion payable by bank transfer or through the electronic payment system (paypal) shall be carried out after the Consumer’s payment is credited to the Seller’s account, which should take place within 24 hours of placing the order, unless the Consumer was not able to fulfill the performance through no fault of his own and informed the Seller about it.

5. The conclusion of the agreement with the Customer takes place at the moment of acceptance of the order by the Seller, of which he informs the Customer within 24 hours from placing the order.

6. The subject of the agreement is sent within the time limit specified on the product card.

7. The purchased product of the agreement is sent by the type of delivery chosen by the Purchaser to the place of delivery indicated by the Purchaser in the order.

8. According to the latest VAT Act from January 2020, a consumer who wants to receive an invoice issued to a company when making a purchase is required to provide the NIP number, which will be visible on the receipt. When a receipt is issued without a VAT ID number, it will not be possible to receive the invoice later.

§4 Right to withdraw from the agreement

1. A consumer has the right to withdraw from the agreement concluded at a distance, without giving any reason and without incurring any costs, except for the costs specified in Article 33, Article 34 of the Consumer Law.

2. The deadline for withdrawal from a distance agreement is 14 days from the date of issue of the item, and to meet the deadline it is sufficient to send a statement before its expiry.

3. The statement of withdrawal from the agreement may be submitted by the Consumer on the form, a specimen of which is attached as Appendix 2 to the Consumer Law, on the form available at achrem.com/ return – exchange – complaints or in any other form consistent with the Consumer Law.

4. In case of withdrawal from the agreement, the agreement is considered as not concluded.

5. The consumer is obliged to return it to the Seller immediately, but not later than 14 days from the day on which he/she withdrew from the agreement. To meet the deadline, it is sufficient to return the item before its expiry.

6. The consumer shall send back the items being the subject of the agreement from which he/she withdrew at his/her own expense.

7. The consumer shall not bear the cost of supplying digital content which is not on a tangible medium if he has not consented to the performance before the expiry of the withdrawal period or has not been informed of the loss of his right of withdrawal when giving his consent or the trader has not provided confirmation in accordance with Articles 15(1) and 21(1). Consumer law.

8. The consumer shall be liable for any reduction in the value of the subject of the agreement resulting from its use beyond what is necessary to establish the nature, characteristics and functioning of the item.

9. The Seller shall immediately, no later than within 14 days from the date of receipt of the statement of withdrawal from the agreement submitted by the Consumer, return to the Consumer all payments made by him, including the costs of delivering the goods to the Consumer, and if the Consumer has chosen a type of delivery other than the cheapest usual type of delivery offered by the Seller, the Seller shall not return additional costs to the Consumer in accordance with Article 33 of the Consumer Law. If the Consumer originally took advantage of free shipping, the refund for the return shipment is not due.

10. The seller shall refund the payment using the same payment method as used by the Consumer.

11. The seller may delay the return of the payment received from the Consumer until he receives the item back.

12. The consumer has no right to withdraw from the agreement according to Article 38 of the Consumer Law:

a. 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 expiry of the withdrawal period;

b. in which the subject matter of the performance is an unprocessed item, manufactured to the consumer’s specifications or to meet his/her individual needs;

c. in which the subject-matter of the service is an item that is rapidly deteriorating or has a short shelf life;

d. in which the service is provided for an item delivered in sealed packaging which cannot be returned for health or hygiene reasons if the packaging has been opened after delivery;

e. in which the subject matter of the service is an item which, by its nature, is inseparably connected with other items after delivery;

f. in which audio or visual recordings or computer programs supplied in sealed packaging are the object of the service, if the packaging has been opened after delivery;

§5 Warranty

1. The Seller, pursuant to Article 558 §1 of the Civil Code, fully excludes liability to Customers for physical and legal defects (warranty).

2. The Seller shall be liable to the Consumer on the terms set out in Article 556 of the Civil Code and subsequent ones for defects (warranty).

3. In the case of an agreement with a Consumer, if a physical defect has been established within one year of the release of the item, it is assumed that it existed at the time when the risk passed to the Consumer.

4. If the item sold has a defect, the consumer may:

a. make a statement requesting a price reduction;

b. make a statement of withdrawal from the agreement; unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with an item free of defects or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the item with a defect-free item or remove the defect, he shall not be entitled to replace the item or remove the defect.

5. The Consumer may, instead of the Seller’s proposed removal of the defect, demand replacement of the item with a defect-free item or demand removal of the defect instead of replacement of the item, unless bringing the item into conformity with the agreement in the way chosen by the Consumer is impossible or would require excessive costs in comparison with the way proposed by the Seller, while the assessment of excessive costs takes into account the value of the defect-free item, the type and significance of the defect found, and also takes into account the inconvenience that would expose the Consumer to other way of satisfaction.

6. The consumer cannot withdraw from the agreement if the defect is irrelevant.

7. If the item sold has a defect, the consumer may also: a. require the item to be replaced with a defect-free item; b. require the removal of the defect.

8. The Seller shall be obliged to replace the defective item with a defectfree item or remove the defect within a reasonable time without undue inconvenience to the Consumer.

9. The Seller may refuse to satisfy the Consumer’s demand if it is impossible to bring the defective item into conformity with the agreement in the manner chosen by the Purchaser or if, in comparison with the other possible manner of bringing it into conformity with the agreement, it would require excessive costs.

10. The Consumer who exercises the rights under the warranty is obliged to deliver the defective item to the complaint address at the Seller’s expense, and if, due to the type of item or the manner of its installation, delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller in the place where the item is located. In case of failure to perform the obligation by the Seller, the Consumer is entitled to send back the item at the expense and risk of the Seller.

11. The costs of exchange or repair shall be borne by the Seller, except for the situation described in §5 point 10.

12. The Seller is obliged to accept a defective item from the Consumer in case of exchange for a defect-free item or withdrawal from the agreement.

13. Within fourteen days, the Seller shall respond to the following based on art. 5615 of the Civil Code: a statement on the demand to reduce the price, a demand to exchange the item for a defect-free one, a demand to remove the defect. The Seller within thirty days (Article 7a of the Consumer Law) shall respond to any other statement of the Consumer, which is not covered by the fourteen-day period specified in the Civil Code. Otherwise, it shall be deemed to consider the Consumer’s statement or request to be justified.

14. The Seller shall be liable under warranty if a physical defect is found within two years from the moment of handing over the item to the Consumer, and if the item is used within one year from the moment of handing over the item to the Consumer.

15. The Consumer’s claim for removing a defect or exchanging an item sold for a defect-free item shall be time-barred with the lapse of one year, counting from the day on which the defect was found, but not earlier than two years from the day on which the item was handed over to the Consumer, and if the item sold is used within one year from the day on which the item was handed over to the Consumer.

16. In case when the expiry date of the item for use specified by the Seller or the manufacturer ends after two years from the moment of handing over the item to the Consumer, the Seller shall be liable on account of warranty for physical defects of this item found before this date.

17. Within the time limits specified in §5 points 15-17, the Consumer may submit a statement of withdrawal from the agreement or reduction of price due to a physical defect of the item sold, and if the Consumer demanded exchange of the item for a defect-free item or removal of the defect, the time limit for submitting the statement of withdrawal from the agreement or reduction of price starts from the moment of ineffective expiry of the time limit for exchange of the item or removal of the defect.

18. In the event of an investigation before a court or arbitration tribunal of one of the warranty rights, the time limit for the exercise of the other rights the Consumer is entitled to on this account shall be suspended until the proceedings are finally concluded. It shall also apply mutatis mutandis to mediation proceedings, where the time limit for exercising other rights under the warranty to which the Consumer is entitled starts to run from the day the court refuses to approve the settlement agreement concluded before the mediator or ineffective completion of mediation.

19. To perform the rights under the warranty for legal defects of the item sold, §5 points 15 – 16 shall apply, except that the time limit shall start from the day on which the Consumer became aware of the existence of the defect and, if the Consumer became aware of the existence of the defect only as a result of an action by a third party, from the day on which the ruling given in the dispute with the third party became final.

20. If due to a defect in the item, the Consumer has made a declaration of withdrawal from the agreement or reduction of the price, he may demand compensation for the damage he suffered by concluding the agreement without knowing the existence of the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible, and in particular he may demand reimbursement of the costs of concluding the agreement, costs of collecting, transporting, storing and insuring the item, reimbursement of expenses made to the extent that he did not benefit from them and did not receive their reimbursement from a third party and reimbursement of the costs of the process. This shall be without prejudice to the provisions on the duty to repair damage on general principles.

21. The expiry of any time limit for the identification of a defect shall not preclude the exercise of warranty rights if the Seller has maliciously concealed the defect.

22. The seller, if he is obliged to provide a financial performance or benefit to the Consumer, shall perform it without undue delay, not later than within the period provided for by law.

§6 Final provisions

1. No provision of these Regulations is intended to infringe the rights of the Purchaser. Neither shall it be construed in this way for a print, as in the event of any part of these Regulations not conforming to the applicable law, the Seller declares his absolute obedience and application of this law in place of the contested provision of the Regulations.

2. Registered Customers will be notified of changes to the regulations and their scope by e-mail (to the e-mail address indicated during registration or order). The notification will be sent at least 30 days before the new regulations come into force. Changes will be made in order to adapt the regulations to the current legal status.

3. The current version of the regulations is always available to the Customer in the regulations tab (achrem.com/regulation). During the order execution and during the whole period of after-sales care of the Purchaser, the regulations accepted by the Purchaser when placing an order shall apply. Except for the situation when the Consumer considers it less favourable than the current one and informs the Seller about the choice of the current one as binding.

4. In matters not regulated by these Regulations, the relevant provisions in force shall apply. Disputable issues, if the Consumer expresses such a wish, shall be resolved by means of mediation proceedings before the Voivodeship Trade Inspectorates or a trial before an arbitration court at the Voivodeship Trade Inspectorate. The Consumer may also use equivalent and lawful methods of pre- and extra-judicial or extra-judicial resolution of disputes, e.g. through the EU online ODR platform or by selecting any eligible entity from among those in the OCCP register. The Seller declares its intention and agrees to out-of-court resolution of a consumer dispute. As a last resort, the case is resolved by a court having jurisdiction in the place and subject matter.

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