Regulations
Published On:
General Provisions
These Rules set forth the regulations of purchase at the online store operated by the Seller through its website at the following address: www.sels.pl; www.czujniki.com.pl.
The store’s business is the sale of industrial automation goods.
The Seller is SELS sp. z o.o. sp. k. with its registered office in Warsaw (Malawskiego 5a, 02‑641 Warszawa), entered in the Register of Entrepreneurs of the National Court Register under No. KRS 0000339495 and VAT identification number PL 521-033-44-60.
Any placement of an order is restrictive to the acceptance of the provisions of these Rules by the Buyer.
Article 1 Definitions
1. Rules – these rules. The rules referred to in Article 8 of the Act of 18 July 2002 on Provision of Services by Electronic Means ((Dz. U. [Journal of Laws] of 2002, No. 144, item 1204, as amended).
2. Buyer – a customer who is an entrepreneur within the meaning of the Civil Code. An entrepreneur is a natural or legal person or an incorporated partnership which makes legal transactions as part of its business or professional activity.
3. Transaction Item – goods listed and described at the online store’s website. The Seller makes every effort to keep the offer presented at the website up to date.
4. Goods – movables specified in the contract of sale.
5. Contract of Sale – contract for the sale of goods within the meaning of the Civil Code entered into by the Seller and the Buyer with the use of means of remote communication (including but not limited to telephone).
6. Parties – the Seller and the Buyer.
7. Online Store (Store) – website accessible at the following address: www.sels.pl; www.czujniki.com.pl, through which a customer may purchase goods.
8. Order – a document issued by the Buyer in response to the Seller’s offer or invitation to treat and constituting a basis for entering into a contract of sale, which contains a detailed statement (type and quantity) of goods covered by the contract of sale.
9. Administrator of Personal Data – an authority, organisational unit, entity or person which makes decisions on purposes and measures of personal data processing.
Article 2 Entering into Contract, Ordering Procedure
1. Any order may only be placed with the online store after registration and logging in the account.
2. Any information about the goods, including the prices published on the website or advertising materials shall not constitute an offer but an invitation to treat within the meaning of Article 71 of the Civil Code. The Seller reserves the right to change the range of goods offered to the Buyers at any time.
3. The Seller makes an effort to ensure that the website presents an offer of goods which is up to date, however the Seller does not guarantee that all goods are in stock at any time. If the goods ordered are not available on the date of order placement, the Seller shall immediately contact the Buyer to confirm the nearest date when the goods will be available.
4. The Buyer’s order shall be the basis for entering into a contract of sale. In the case of any change of the offer or any restrictions in the Buyer’s order, the contract shall only be entered to upon the Seller’s confirmation that the order with changes or restrictions has been accepted.
5. Orders are accepted through the online store: www.czujniki.com.pl
6. Orders may be placed through the online store 24 hours a day / 7 days a week / 365 days a year. If an order is placed on Sunday or holiday, it shall be deemed placed on the first business day following the day on which the order was actually placed.
7. An order placed through the online store shall be registered immediately and the Buyer shall be notified of this fact by electronic means. A confirmation of order registration shall not be understood as acceptance of the order for execution but as notification of receipt of the placed order. Lack of reply shall not be understood as a tacit acceptance of the order.
8. Any order placed through the online store shall be confirmed by e-mail within 2 business days.
9. By placing an order, the Buyer declares its will to purchase the goods ordered and shall be bound by that declaration.
10. An order shall be effective if the Buyer correctly fills in the order form together with contact details, including the detailed dispatch address, telephone number and e-mail address, and accepts the terms and conditions of these Rules.
11. The Buyer shall be fully liable for any information referred to in Article 2(10) which has been provided by the Buyer, and the Seller shall not be obliged to verify such information and shall not be liable for any consequences of placing an incorrect order by the Buyer, which may result in delay with order execution and non-delivery of the goods ordered.
12. The Seller reserves the right to refuse to execute an order due to out of stock, technical reasons or other reasons. In such a case, the Seller shall immediately, but not later than within thirty days from the date of order placement, notify the Buyer of this fact. If the Buyer has made a prepayment, the Seller shall return the paid amount to the Buyer.
13. The issuance of a VAT invoice by the Seller shall constitute a confirmation of entering into the contract of sale.
14. Any agreements, warranties, promises and guarantees made orally by the Seller’s employees in connection with entering into a contract or making an offer shall not be binding. For a contract of sale or an amendment thereto to be valid, any declarations exchanged by the parties in this respect shall be made in writing and served upon the other party by mail, fax or e-mail. This provision shall apply in particular to offers, orders and order confirmations.
15. Any data and technical drawings submitted by the Buyer, if accepted by the Seller, may constitute a basis for performance of the contract.
16. The Buyer agrees to issuing and sending by electronic means to the e-mail address indicated by the Buyer electronic images of settlement documents, including but not limited to pro-forma invoices, VAT invoices together with appendices thereto, adjustment VAT invoices together with appendices thereto, and forms. Based on this consent, the Seller shall have the right to issue and send VAT invoices in an electronic form, in accordance with the Ordinance of the Minister of Finance of 17 December 2010 on Sending Invoices in Electronic Form, the Rules of Storing Them, and the Procedure of Making Them Available to Tax Authorities or Fiscal Control Authorities.
17. Execution of orders for non-standard and customised goods shall not commerce until a prepayment is made. Such goods shall not be returnable.
18. Unless stated otherwise, an order may be executed partially and the Buyer shall be notified of this fact. In such a case, each part of goods shall be invoiced separately.
19. Any manuals, technical drawings, diagrams, translations of technical materials shall be the property of SELS sp. z o.o. sp. k. and without the Seller’s consent shall not be published or used for any purposes which are unrelated to the use of goods purchased.
Article 3 Prices
1. The prices published at the website and in other information materials shall be treated as approximate. The prices expressed in a foreign currency shall be converted to PLN at the average exchange rate of the National Bank of Poland as on the date of order placement.
2. The price of goods shall be determined based on the price list applicable at the date of written order confirmation. The value of the order together with the costs of dispatch according to the delivery option selected by the Buyer shall be specified in the order confirmation.
3. The Seller reserves the right to change the prices of goods offered, to introduce new goods to the offer, and to launch, terminate or change promotional campaigns at the websites.
4. In the case of a prepayment for the goods, the applicable price shall be the price specified in the pro-forma invoice. The price indicated in the pro-forma invoice shall be applicable until the last day of its validity period.
5. The prices of goods are exclusive of costs of transport, assembly and payment, if any. The prices shall be EXW warehouse of SELS. Any and all prices are net prices, i.e. VAT shall be added to invoices at the applicable rates.
6. Pursuant to Article 589 of the Polish Civil Code, the ownership title of the goods shall be transferred to the Buyer upon receipt of full payment of the price for the goods.
Article 4 Delivery of Goods, Dispatch Dates
1. The goods shall be dispatched to the address indicated in the order form.
2. The goods shall be delivered by courier service providers. It shall be also possible to collect the goods in person at the Seller’s registered office.
3. Delivery dates are approximate. The Buyer shall be notified of the planned delivery date upon acceptance of the order for execution.
4. Time limits for order execution shall begin to run upon provision by the Buyer of any and all required information and satisfaction of other conditions necessary for acceptance of the order for execution by the Seller, e.g. a prepayment. In the case of prepaid transactions, the delivery date shall be calculated from the date on which the Seller’s bank account is credited.
5. The goods shall be delivered at the Buyer’s cost. The amount of dispatch costs shall depend on the weight and dimensions of the parcel and on additional requirements, if any, e.g. delivery on Saturday. Information about the costs of transport shall be provided in the order confirmation. The goods of the value exceeding PLN 1,000 net, weighting up to 10 kg, shall be delivered at the Seller’s cost in the standard mode.
6. Parcels delivered by a courier service provider in the standard mode are usually delivered within 1-2 business days from the date of dispatch.
7. The Buyer shall report to the carrier any damage to the collective packaging prior to confirming the delivery receipt (a report shall be drawn up in the courier’s presence). The Buyer shall accept the goods in terms of quantity and quality (save for latent defects) within 3 business days from the date of delivery receipt.
8. The risk of accidental loss of or damage to the goods shall pass from the Seller to the Buyer upon delivery of the ordered goods to the Buyer.
Article 5 Payment Methods
1. The Seller accepts the following payment methods:
· cash – collection in person at the Seller’s registered office: Malawskiego 5A, Warszawa;
· cash on delivery – upon delivery receipt;
· advance payment - bank transfer to the bank account indicated in the pro-forma invoice.
Article 6 Guarantee, Complaints Procedure
1. Any and all goods sold shall be new, of full value, free from defects and covered by the manufacturer’s guarantee.
2. The Seller shall grant to the Buyer a one-year guarantee for the goods sold. The guarantee period shall begin to run upon the transfer of risk to the Buyer.
3. The Buyer shall lose its guarantee entitlements if it fails to notify the Seller of the defect immediately after identification, i.e. not later than within 7 days.
4. In order to be valid, a notification of identified defects shall be made in writing (by registered mail, fax or e-mail). The Seller shall deliver the defective goods to the Seller for verification.
5. The Seller’s liability for defects shall expire if the goods have been processed by the Buyer. Any goods damaged as a result of improper assembly or improper operational conditions shall not be subject to guarantee.
6. Unless agreed otherwise, the quality and operational properties of products shall be specified in the technical documentation only. The manufacturer does not warrant that the goods are fit for any purpose.
7. The Buyer shall lose their guarantee entitlements if he repairs the goods without the Seller’s consent.
8. Failure to pay for the goods shall result in a loss of guarantee claims.
9. The Seller’s liability for non-performance or improper performance of the contract of sale shall always be limited to the net price of the goods contemplated in the contract. The Seller may only be liable for foreseeable and typical damage of the Buyer.
10. The Seller’s liability under the commercial warranty shall be excluded.
11. The Buyer shall have the right to complain about the goods if it finds that the goods received do not comply with the order or if it identifies any latent defects.
12. A complaint shall be admitted or rejected in writing after the goods complained of are verified by the Seller or examined by the manufacturer (only products distribute by SELS Sp. z o.o. Sp. k.). If the complaint is admitted, the Seller shall repair the defective goods or replace them with goods which are free from defects within the time limit agreed upon by the parties at its own cost. If it is impossible to repair or replace the goods, the Seller shall reimburse the Buyer for the cost of purchase of the defective goods.
13. Complaints shall be handled within 14 days from the date of receipt by the Seller of the complaint notice together with a letter specifying the type of defect and together with the goods complained of. However, if identification of defects requires a technical examination, the Seller shall take a stand on the alleged defectiveness of goods after obtaining the examination results.
14. The Buyer shall be notified of the complaint result by e-mail or by traditional mail.
15. If any latent defects are identified in the goods, the costs of dispatch of the goods complained of to the Seller shall be borne by the Buyer. If the complaint is admitted, the return dispatch shall be paid for by the Seller and the Buyer shall be reimbursed for any incurred costs of dispatch. The manner and date of dispatch shall be indicated after the complaint is handled.
16. If the goods do not comply with the contract, the goods complained of together with a letter specifying the type of non-compliance and the expected manner of discharge of our obligations shall be sent back at the Seller’s cost. If the complaint is admitted, the return dispatch shall be paid for by the Seller. The manner and date of dispatch shall be indicated after the complaint is handled.
17. The Seller does not accept returns payable on delivery.
Article 7 Rescission of the Contract, Termination of the Contract
1. If the Seller performs the contract only in part, the Buyer may cancel the contract only in the non-performed part.
2. The Seller may cancel the contract if the Buyer fails to pay the price of the goods in whole or in part.
3. A consumer who entered into the contract remotely shall have the right to cancel the contract without specifying a reason by way of a written notice within the non-extendible time limit of 10 days which begins to run upon delivery of the item. In order to comply with this time limit it shall be sufficient to send the notice to the Seller before expiration of this time limit. The right referred to hereinabove shall apply to business-to-consumer transactions only.
4. The goods returned following this procedure shall only be accepted if sent back complete and the product and accessories are not damaged and do not bear any hallmarks of use which would indicate that the product has been used for purposes other than checking. If the right to cancel the contract is exercised, the goods returned shall be sent back at the Buyer’s cost to the address of the Seller’s registered office. The return dispatch shall be accompanied with a written notice of cancelation and a bank account No. for return of payment.
5. The Seller shall check the product within 2 business days from receipt of the goods. If the goods meet the requirements specified in Article 7(4) of these Rules, an adjustment invoice shall be issued. Upon receipt of a signed adjustment invoice, the Seller shall return the payment to the bank account indicated by the Buyer.
Article 8 Personal Data Protection and Privacy Policy
1. The administrator of data shall be: SELS Sp. z o.o. Sp. k.
Address for correspondence:
SELS Sp. z o.o. Sp. k.
Malawskiego 5A
02-641 Warszawa
phone: +48 22 848-08-42
e-mail: sels@sels.pl
2. By providing its personal data upon registration / order placement, the Buyer agrees to the processing, storage and use of such data by the Seller for the purpose of executing the order or enjoying full usability of the website. The Buyer may view, correct, update or remove tits personal data at any time by notifying the website administrator by e-mail to the following address: sels@sels.pl.
3. The Seller represents that it implemented a security Policy and management manual for the IT system used for the processing of personal data and undertakes to protect such data in accordance with the Act of 29 August 1997 on Personal Data Protection (Dz. U. [Journal of Laws] No. 133, item 883).
4. The provision of personal data shall be voluntary in each case but necessary for full usability of the website. The data gathered by the Seller may only be used for the purpose and in the scope required for executing orders (i.e. issuance of an invoice and delivery of goods to the Buyer), sending a newsletter and for other marketing purposes. Furthermore, we warrant that we will not send any marketing materials by electronic means without the Buyer’s consent, in accordance with the Act of 18 July 2002 on Provision of Services by Electronic Means (Dz. U. [Journal of Laws] No. 144, item 1204).
5. As regards the deliveries of the goods ordered, any and all carrier services contracts contain clauses under which such entities are obliged to protect personal data.
6. In order to optimise the content published on our website and adjust it to individual needs of each user as well as for advertising and statistical purposes, we use information saved by cookies on end users’ devices. By using the website, the user agrees to the use of cookies in accordance with the Cookies Policy. The user may control cookies through settings of their web browser. Visitors of the website may object at any time to such gathering and saving of data in the future.
Article 9 Conditions of Provision of Services by Electronic Means
1. The technical requirements for cooperation shall be: Internet connection, e-mail account, web browsers:
2. The Buyer shall not submit any unlawful content. If the Seller receives an official notification or a reliable message that the data or activity related thereto is illegal, the Seller shall immediately make it impossible to access the data. Any illegal use of the online store’s website, in particular any use which violates personal rights of third parties or interests of the Seller, shall be prohibited.
Article 10 Final Provisions
1. The place of contract performance shall be the town/city in which the Seller’s registered office is located.
2. Any disputes shall be resolved by a court having subject-matter jurisdiction indicated by the Seller.
3. The contract shall be governed by and construed in accordance with the laws of Poland exclusively, also in the case of foreign partners.
4. If any provision of these Rules is or becomes ineffective, the remaining provisions shall not be affected thereby.
5. The Seller reserves the right to amend these Rules. To contracts entered into prior to an amendment to the Rules, the version of the Rules in force at the date of the
Buyer’s order placement shall apply.