ONLINE STORE REGULATIONS
https://splinx-glow.com
CONTENTS
1. General provisions
2. Electronic services in the Online Store
3. Conditions for concluding a sales contract
4. Product payment methods and terms (Shopify Payments)
5. Product delivery costs, methods and deadlines (international sales)
6. Product Complaints (Warranty for Defects)
7. Extrajudicial handling of complaints and pursuing claims
8. Right of withdrawal
9. Provisions regarding entrepreneurs
10. Final provisions
11. Sample withdrawal form
The https://splinx-glow.com Online Store respects consumer rights. Consumers cannot waive their rights under the Consumer Rights Act. Any contractual provisions that are less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the relevant provisions of that Act shall apply in their place. The provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights arising from mandatory provisions of law.
1. GENERAL PROVISIONS
1.1. The Online Store available at https://splinx-glow.com is run by JACEK BISIOREK, conducting business activity under the name SPLINX JACEK BISIOREK, entered into the Central Registration and Information on Business (CEIDG) of the Republic of Poland, with its registered office and address for service: ul. Kościelna 1, 05-126 Kąty Węgierskie, Poland, NIP: 5361019897, REGON: 011787951, e-mail: [email protected]
1.2. In matters related to the operation of the Online Store, including orders, complaints, returns, and withdrawals from contracts, Customers may contact the Seller at the following e-mail address: [email protected]
1.3. The Store operates on the Shopify e-commerce platform, provided by an entity from the Shopify group.
1.4. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision expressly provides otherwise.
1.5. The Seller is the controller of personal data processed in the Online Store in connection with the implementation of these Terms and Conditions. Personal data is processed for the purposes, for the period, and on the basis indicated in the Privacy Policy published on the Store's website. The Privacy Policy specifies, in particular, the principles of personal data processing, the legal basis and purposes of processing, the rights of data subjects, as well as information regarding the use of cookies and analytical tools.
1.6. Using the Online Store, including entering into Sales Agreements, is voluntary. Providing personal data by the Customer or Service Recipient is voluntary, subject to the exceptions indicated in the Privacy Policy.
1.7. Definitions:
Business Day – one day from Monday to Friday, excluding public holidays in Poland.
Registration Form – a form available in the Online Store enabling the creation of an Account.
Order Form – Electronic Service, an interactive form enabling the placement of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Customer – (1) a natural person with full legal capacity (including a consumer), and in cases provided for by law also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – which has concluded or intends to conclude a Sales Agreement with the Seller.
Civil Code – Act of 23 April 1964 – Civil Code.
Account – Electronic Service, a set of resources in the Service Provider’s IT system, marked with an individual login and password, in which the data provided by the Service User and information about Orders placed by the Service User in the Online Store are stored.
Newsletter – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, enabling all Service Users to automatically receive from the Service Provider periodic content of subsequent newsletter issues containing information about Products, new products and promotions in the Online Store.
Product – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller, in particular paints, varnishes and related chemical products for decorative or industrial applications.
Regulations – these Regulations of the Online Store.
Online Store / Store – the online store of the Service Provider available at https://splinx-glow.com
Seller / Service Provider – SPLINX JACEK BISIOREK, referred to in point 1.1 above.
Sales Agreement – a Product sales agreement concluded or to be concluded between the Customer and the Seller via the Online Store.
Electronic Service – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
Service Recipient – any entity using or intending to use the Electronic Service.
Consumer Rights Act – Act of 30 May 2014 on consumer rights.
Order – a declaration of intent of the Customer submitted via the Order Form, aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
2.2. Account
2.2.1. The Account can be used after the Service User completes the Registration Form and confirms registration, if such confirmation is required. The Registration Form requires the following information: first and last name or company name, address (street, building/apartment number, postal code, city, country), email address, contact telephone number, and password. For Service Users who are not consumers, the company name and VAT number (NIP) may also be required.
2.2.2. The Account service is provided free of charge for an indefinite period. The Service User may delete their Account at any time and without giving any reason by sending a relevant request to the Service Provider by email or in writing to the address indicated in point 1.1.
2.3. Order Form
2.3.1. The use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The order is placed after the Customer completes the Order Form and clicks the "Check out" button or an equivalent button displayed during the ordering process. Until then, the Customer can independently modify the entered data and selected Products, in accordance with the messages displayed on the Store's website.
2.3.2. The Order Form is provided free of charge and is a one-time use – it ends when the Order is placed via it or when the Customer stops placing the Order.
2.4. Newsletter
2.4.1. To subscribe to the Newsletter, enter your email address in the "Newsletter" field on the Store's website and confirm your subscription. You can also subscribe to the Newsletter when creating an Account by checking the appropriate box.
2.4.2. The Newsletter service is provided free of charge for an indefinite period. The Service Recipient may unsubscribe from the Newsletter at any time by sending a relevant request to the Service Provider by email or in writing, or by using the unsubscribe link available in each Newsletter message.
2.5. Technical requirements necessary for cooperation with the Service Provider's IT system:
(1) a computer, laptop, smartphone or other multimedia device with Internet access;
(2) access to e-mail;
(3) a current web browser (e.g., Mozilla Firefox, Google Chrome, Safari, Microsoft Edge);
(4) cookies and JavaScript enabled.
2.6. The Service User is obligated to use the Online Store in a manner consistent with the law, good practice, and with respect for the personal rights and intellectual property rights of the Service Provider and third parties. Providing illegal content is prohibited. The Service User is obligated to provide factually accurate data.
2.7. Complaints Procedure for Electronic Services
2.7.1. Complaints related to the provision of Electronic Services and other complaints related to the operation of the Online Store (excluding complaints about Products, which are regulated in point 6) may be submitted:
(a) in writing to the following address: ul. Kościelna 1, 05-126 Kąty Węgierskie, Poland;
(b) by e-mail to the following address: [email protected]
2.7.2. It is recommended that the complaint description contain – if possible – the following information, which will facilitate and expedite the complaint processing:
(1) name and surname or company name of the person submitting the complaint;
(2) contact details, in particular e-mail address and telephone number;
(3) order number and/or invoice number;
(4) the date of purchase and, if applicable, the date of use of the Product or performance of the work;
(5) description of the irregularities or defects and the circumstances of their occurrence;
(6) information relevant to the use of the Product, if applicable, such as: painted surface, type of substrate, application method, tools used, amount of Product used, number of layers applied and method of surface preparation;
(7) the request of the complainant regarding the manner of its consideration (e.g. repair, replacement, refund, price reduction);
(8) photographic documentation or other files confirming the validity of the complaint, if available.
The absence of any of the above elements does not affect the validity of the complaint, but may extend the time it takes to process it.
2.7.3. The Service Provider will respond to the complaint without undue delay, no later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
3.1. The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order via the Order Form in the Online Store.
3.2. Product prices listed on the Store's website are expressed in the currency displayed in the Store (specifically EUR or PLN) and include applicable taxes. When placing an Order, the Customer is informed of the total price including taxes for the Product(s), delivery costs, and any other fees (or the obligation to pay them if they cannot be determined in advance) before the Order is finally placed.
3.3. Procedure for concluding the Sales Agreement:
3.3.1. The Customer selects Products and adds them to the cart.
3.3.2. The Customer completes the Order Form, providing the required data (including delivery address, delivery method, payment method).
3.3.3. The Customer confirms that he or she has read and accepted the Regulations.
3.3.4. The Customer places the Order by clicking the button finalizing the Order (“Check out” or equivalent).
3.3.5. After placing an Order, the Seller immediately confirms its receipt and acceptance for processing by sending the Customer an email. Upon receipt of this email, a Sales Agreement is concluded between the Customer and the Seller.
3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer through:
(1) making these Regulations available on the Store's website;
(2) sending the Customer an e-mail message referred to in point 3.3.5;
(3) saving Order data in the Shopify system.
3.5. Technical documentation (TDS) and safety data sheets (SDS).
For Chemical Products, the Seller provides product documentation, such as a technical data sheet (TDS) and, if applicable, a safety data sheet (SDS). These documents are available on the relevant Product page in the Online Store and/or provided by email upon request.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The following payment methods are available in the Online Store:
4.1.1. Electronic payments and card payments through Shopify Payments, including but not limited to payment cards such as Visa, MasterCard, American Express, and other methods displayed during the checkout process (e.g., Apple Pay, Google Pay, local payment methods, where available).
4.1.2. Other payment methods, such as traditional bank transfer or cash on delivery, only if they are expressly offered when placing the order for the Customer's specific country.
4.2. Electronic and card payments are processed by Shopify Payments, a third-party payment service provider. The Merchant does not store Customer payment card information. Payment data is processed in accordance with applicable security standards, including PCI DSS.
If required by regulations, payments may be subject to strong customer authentication (SCA) and 3D Secure in accordance with PSD2 regulations.
4.3. Payment terms:
4.3.1. For electronic and card payments via Shopify Payments, payment must be made at the time of placing the Order. Failure to obtain payment authorization may result in the Order being rejected.
4.3.2. In the case of a traditional bank transfer (if available and individually agreed) – payment should be made within 7 calendar days from the date of conclusion of the Sales Agreement.
4.3.3. In the case of cash on delivery (if available), payment is made upon receipt of the shipment.
4.4. In the event of withdrawal from the Agreement, acceptance of the complaint or inability to complete the Order, the Seller shall refund the payment using the same method of payment, unless the Customer expressly agrees to a different method of refund that does not involve additional costs.
5. COSTS, METHODS AND TIMES OF PRODUCT DELIVERY
5.1. Delivery is available:
5.1.1. on the territory of selected European Union Member States;
5.1.2. to the United States;
5.1.3. to other countries indicated when placing the Order or in the Product descriptions;
5.1.4. a binding list of available countries is always displayed when placing an Order;
5.1.5. Some Products (in particular Chemical Products) may be subject to transport restrictions and may not be available for certain delivery destinations.
5.2. Delivery is subject to a fee, unless otherwise indicated. Delivery costs are displayed during the Order process, before it is submitted.
5.3. Available delivery methods depend on the destination country and are displayed when placing your Order.
5.4. International deliveries:
5.4.1. For deliveries outside of Poland, delivery times depend on the destination country and the chosen delivery method. Estimated delivery times are provided in the Store and are indicative.
5.4.2. For deliveries to countries outside the European Union, the Customer may be required to incur additional costs, such as customs duties, import taxes, or handling fees charged by carriers or customs authorities. These costs are borne by the Customer and are beyond the Seller's control.
5.4.3. The Seller is not liable for delays in delivery caused by customs clearance, actions of the carrier or authorities of the destination country.
5.4.4. Order processing time is usually 3 to 5 Business Days from the moment of payment confirmation and is not the same as delivery time.
5.4.5. Approximate delivery times:
– European Union: 3–10 Business Days
– USA and non-EU countries: 7–21 Business Days
5.5. Standard maximum delivery time is up to 30 Business Days, unless otherwise stated. Delivery times are approximate and not guaranteed.
5.6. The delivery period begins:
5.6.1. in the case of prepayment – from the date of crediting the Seller's bank account or confirmation of payment by the payment provider (Shopify Payments);
5.6.2. in the case of cash on delivery (if available) – from the date of conclusion of the Sales Agreement.
5.7. If delivery proves impossible due to regulatory or logistical reasons (including those arising from ADR / IATA regulations regarding chemical goods), the Seller may cancel the Order and refund the payment.
6. PRODUCT COMPLAINTS
6.1. The basis and scope of the Seller's liability towards the Customer in the event that the sold Product has a physical or legal defect are specified by generally applicable provisions of law, in particular the Civil Code (Articles 556–576).
6.2. The Seller is obliged to deliver Products free from defects.
6.2.1. Any visible transport damage must be reported within 7 days of receipt of the shipment, without prejudice to the statutory rights of the consumer.
6.3. A complaint may be submitted by the Customer, for example:
6.3.1. in writing to the following address: ul. Kościelna 1, 05-126 Kąty Węgierskie, Poland;
6.3.2. by e-mail to: [email protected]
6.4. It is recommended that the complaint description include:
(1) information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of the defect;
(2) the Customer's request regarding the method of bringing the Product into compliance with the Sales Agreement (e.g. repair, replacement, price reduction) or a declaration of withdrawal from the Agreement;
(3) contact details of the person submitting the complaint.
This will facilitate and speed up the processing of your complaint.
6.5. The Seller will respond to the Customer's complaint without undue delay, no later than 14 calendar days from the date of its submission. If the Customer who is a consumer has requested a replacement of the Product or removal of the defect, or has submitted a price reduction statement specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days, the request is deemed to have been deemed justified.
6.6. A Customer exercising warranty rights is obligated to deliver the defective Product to the following address: ul. Kościelna 1, 05-126 Kąty Węgierskie, Poland. In the case of a Customer who is a consumer, the costs of delivering the Product are borne by the Seller. If, due to the type of Product or the method of its installation, delivery of the Product by the consumer would be excessively difficult, the consumer is obligated to make the Product available to the Seller at the location where the Product is located.
6.7. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty towards a Customer who is not a consumer (and – from 1 January 2021 – also towards a natural person concluding a contract directly related to their business activity, if it is not of a professional nature for that person) is excluded.
6.8. The right of withdrawal does not apply to Products that are clearly personalized or made to the Customer's individual specifications, if such personalization is clearly indicated in the Product description, as well as to sealed chemical Products that have been opened after delivery and cannot be returned for health or safety reasons. The rules regarding the right of withdrawal, including exclusions, are set out in Section 8 of the Terms and Conditions and in the Returns Policy.
7. OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND SEEKING CLAIMS
7.1. Detailed information on the possibility for consumers to use out-of-court complaint and redress procedures, as well as the rules for accessing these procedures, is available on the website of the Office of Competition and Consumer Protection (UOKiK).
7.2. In particular, the consumer may seek assistance from a municipal or district consumer ombudsman, a consumer organization, or other out-of-court dispute resolution mechanisms available in the consumer's country of residence. In Poland, detailed information is available from the Office of Competition and Consumer Protection (UOKiK).
7.3. The use of out-of-court complaint and claim settlement methods is voluntary and does not exclude the possibility of pursuing claims before a common court.
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
8.1. A consumer who has concluded a distance contract has the right to withdraw from the contract within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point 8.8 below. To meet the deadline, it is sufficient to send the declaration of withdrawal before the expiry of the withdrawal period.
The right of withdrawal described in this section applies only to consumers residing in the European Union, in accordance with applicable EU consumer protection law.
8.2. The Consumer may submit a declaration of withdrawal from the Agreement in any unequivocal form, in particular:
(a) in writing to the following address: ul. Kościelna 1, 05-126 Kąty Węgierskie, Poland;
(b) by e-mail to the following address: [email protected]
The consumer may, but is not obliged to, use the model withdrawal form constituting point 11 of these Regulations.
8.3. The period for withdrawal from the Agreement begins:
(a) in the case of a Sales Agreement under which the Seller delivers the Product and is obliged to transfer ownership thereof – from the day on which the consumer or a third party indicated by him other than the carrier came into possession of the Product;
(b) in the case of a Contract covering multiple Products delivered separately, in batches or in parts – from the date on which the last Product, batch or part comes into your possession;
(c) in the case of Agreements involving the regular delivery of Products for a specified period of time – from the date on which the first Product was acquired.
8.4. In the event of withdrawal from a distance contract, the Contract shall be deemed not to have been concluded.
8.5. The Seller shall return to the consumer, without undue delay, but no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the Agreement, all payments made by the consumer, including the costs of delivery of the Product, with the exception of additional costs resulting from the consumer's choice of a delivery method other than the cheapest standard delivery method offered by the Store.
8.6. Refunds will be made using the same payment method used by the consumer in the initial transaction, unless the consumer has expressly agreed to a different refund method that does not incur any costs for the consumer. The Seller may withhold reimbursement until the Product has been returned or the consumer has provided proof of having sent it back, whichever occurs first.
8.7. The Consumer is obligated to return the Product to the Seller or hand it over to a person authorized by the Seller without undue delay, but no later than 14 calendar days from the date on which they informed the Seller of their withdrawal from the Contract. To meet the deadline, it is sufficient to return the Product before its expiry. The Product should be sent to the following address: ul. Kościelna 1, 05-126 Kąty Węgierskie, Poland.
8.8. The Consumer bears the direct cost of returning the Product. The Consumer is liable for any diminished value of the Product resulting from use other than that necessary to establish the nature, characteristics, and functioning of the Product.
Consumers residing outside the European Union (including, but not limited to, the United States, the United Kingdom, Canada, and Australia) are not entitled to a statutory right of withdrawal. Returns from such countries can only be accepted on a case-by-case basis, after prior consultation with the Seller and in accordance with the Seller's Returns Policy.
8.9. The right to withdraw from the Contract does not apply in particular in relation to:
(a) Products that are clearly personalized or made to the Customer's individual specifications, if such personalization is clearly indicated in the Product description;
(b) sealed Chemical Products, including paints and coatings, that have been unsealed after delivery and cannot be returned for health or safety reasons;
(c) Products that cannot be safely returned once opened or used due to ADR/IATA transport regulations.
8.10. Detailed practical terms and conditions for returns are described in the Returns Policy, which supplements these Terms and Conditions and does not limit the statutory rights of consumers.
9. PROVISIONS RELATING TO ENTREPRENEURS
9.1. This section and all its provisions apply only to Customers or Service Recipients who are not consumers and – from 1 January 2021 – are not natural persons concluding a contract directly related to their business activities, when it is not of a professional nature for these persons.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. In such a case, the Seller may withdraw from the Agreement without giving any reason, and the Customer shall not be entitled to any claims against the Seller in this respect.
9.3. The Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without giving any reason by sending an appropriate declaration to the Service Recipient.
9.5. The Service Provider/Seller's liability towards the Service Recipient/Customer, regardless of the legal basis, is limited – both within a single claim and in total for all claims – to the price paid and delivery costs resulting from the Sales Agreement, but not more than PLN 1,000. The Service Provider/Seller is only liable for typical damages that were foreseeable at the time the contract was concluded and is not liable for lost profits. The Seller is not liable for delays in shipment.
9.6. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient who is an entrepreneur shall be resolved by the court having jurisdiction over the Seller's registered office.
10. FINAL PROVISIONS
10.1. Agreements concluded via the Online Store are concluded in English. In the event of any discrepancy between the language versions, the English version shall prevail, subject to mandatory consumer protection laws in force in the consumer's country of residence.
10.2. The Service Provider reserves the right to change these Regulations for important reasons, in particular in the event of changes in legal provisions, changes in payment or delivery methods, or changes in the functionality of the Online Store.
10.3. In the case of ongoing contracts (e.g., Account service contracts), the amended Terms and Conditions are binding on the Service User if they have been properly informed of the changes and do not terminate the contract within 15 days of receiving notice of the changes. If a change to the Terms and Conditions results in the introduction of new fees or an increase in existing fees, the Service User has the right to terminate the contract.
10.4. In the case of contracts other than those of a continuous nature (e.g. Sales Agreements), changes to the Regulations do not in any way affect the rights acquired by Customers before the date of entry into force of the changes, in particular the changes do not affect Orders already placed.
10.5. In matters not regulated by these Regulations, the generally applicable provisions of Polish law shall apply, in particular the Civil Code, the Act on the provision of electronic services, the Act on consumer rights and other mandatory provisions of law.
11. SAMPLE WITHDRAWAL FORM
(Annex No. 2 to the Consumer Rights Act)
Addressee:
SPLINX JACEK BISIOREK
Kościelna 1
05-126 Kąty Węgierskie
Poland
Online Store: https://splinx-glow.com
Email: [email protected]
• I/We () hereby inform you that I/we () withdraw from the contract for the sale of the following items () / for the delivery of the following items () / for the provision of the following service ()
• Date of conclusion of the contract () / receipt ()
• Name and surname of the consumer(s)
• Address of consumer(s)
• Signature of the consumer(s) (only if the form is sent in paper form)
• Date
(*) Delete as appropriate.