Shop regulations

Online Store Regulations

The online store available at https://xylon.pl/ is run by Ewelina Ostafin who runs a business activity under the company XYLON Ewelina Ostafin, ul. Św. Brata Alberta 5a, 41-407 Imielin, NIP [Tax ID No]: 6462552139, REGON [Statistical ID No]: 242797710, entered in the Register of Entrepreneurs of the Central Registration and Information on Business kept by the Minister of Development.

Seller’s contact details:

- e-mail address:info@xylon.pl,

- phone number: +48 (32) 222 13 22, + 48 885 221 722.

This document (constituting at the same time the Regulations pursuant to the Act of 18 July 2002 on the provisions of services by electronic means), hereinafter referred to as the “Regulations”, defines the types and scope of providing services by electronic means through the Online Store, the principles of concluding sales Contracts through the Online Store, the principles of executing these Contracts, the rights and obligations of the Customer and the Seller, as well as the procedure for withdrawal from the Contract and complaint proceedings.

I. Definitions

  1. Online Store - the online store available at https://xylon.pl/.

  2. Seller - Ewelina Ostafin running the economic activity under the name XYLON Ewelina Ostafin, ul. Św. Brata Alberta 5a, 41-407 Imielin, NIP [Tax ID No]: 6462552139, REGON [Statistical ID No]: 242797710.

  3. Customer - a natural person, a legal person or an organizational unit without legal personality, which is granted the legal capacity by law, concluding a Contract with the Seller.

  4. Consumer - a natural person performing a legal action with the Seller not directly related to their economic or professional activity.

  5. Service - electronic services provided by the Seller through the Online Store.

  6. Sales Contract - a Contract concluded at a distance between the Customer and the Seller through the Online Store, the subject of which is the purchase of the Product.

  7. Product - a product that the Customer purchases via the Online Store.

  8. Order Form - a form available in the Online Store allowing to place an order and purchase the Product.

  9. Registration Form - a form available in the Online Store that allows to create a Customer Account.

  10. Customer Account - a collection of resources in the Seller’s ICT system, where information about the Customer is gathered, including the address information and order history.

  11. Newsletter - a service allowing to subscribe and receive free information about the Seller’s Goods and Special Offers via e-mail.

  12. Business Day - one day from Monday to Friday, excluding public holidays.

II. General Provisions

  1. The Seller undertakes to provide services to the benefit of the Customer in the scope and under conditions specified in the Regulations.

  2. The Customer undertakes to use the Online Store in accordance with the applicable law and rules of social coexistence.

  3. The Customer using the Seller’s Services is obliged to observe these Regulations.

  4. The Seller observes the regulations on the protection of the Clients’ personal data provided for in the Regulation of the European Parliament and the Council (EU) No. 2016/679 of 27.04.2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

  5. The Customer agrees to the collection, storage and processing of personal data by the Seller in order to perform the Contract. Detailed conditions for the collection, processing and protection of personal data by the Seller are specified in the “Privacy Policy” of the Online Store.

  6. The products available in the Online Store are new and free from physical and legal defects.

  7. The information concerning the Product which can be found in the Online Store, constitutes an invitation to conclude a Contract as provided for in Article 71 of the Act of 23 April 1964, Polish Civil Code.

  8. All prices presented in the Online Store are gross prices.

  9. The Seller reserves the right to make changes in the Products prices available in the Online Store, to introduce new Products, as well as to conduct and cancel any promotional actions or make changes in ongoing special offers.

III. Services and General Terms of Service

  1. The Seller, through the Online Store, provides the following services electronically:

  1. Enabling to fill in the Order Form to conclude Sales Contracts,

  2. Enabling the registration and maintenance of a Customer account,

  3. Providing the Customers with information about special offers and Goods in the form of “Newsletter”.

  1. The services specified in paragraph 1 are provided free of charge.

  2. The Contract for the provision of services by electronic means in the form of enabling to fill in the Order Form is concluded with the Customer for a fixed period at the moment of their starting to fill in the form and is terminated at the moment of withdrawal from filling in the form or at the moment of sending the filled in form to the Seller.

  3. The Contract for the provision of services by electronic means in the form of enabling the registration and maintenance of the Customer’s Account is concluded with the Customer for an indefinite period at the moment of their registration in the Online Store.

  4. The Contract for the provision of the “Newsletter” service by electronic means is concluded for an indefinite period when the Customer subscribes to the “Newsletter” service using the functionality available in the Online Store.

  5. A Customer Account is created (“registration”) using the functionality available in the Online Store - Registration Form.

  6. It is not required to have a Customer Account to place on order for Goods in the Online Store.

  7. Technical Requirements necessary to use the services provided by the Seller:

  1. a device with access to the Internet,

  2. a web browser that supports cookies,

  3. access to e-mail.

  1. The customer bears the fees related to Internet access and data transmission in accordance with the tariff of their Internet service provider.

IV. Sales Contract

  1. Only the Customer who has a delivery address on the territory of Poland is entitled to place orders in the Online Store.

  2. The Seller enables placing orders for Products available in the Online Store with the following methods:

  1. using the Order Form available in the Online Store 24 hours 7 days a week,

  2. by e-mail to the Seller’s e-mail address info@xylon.pl.

  1. To place an order through the Order Form, the Customer selects the Product available in the Online Store, specifying the quantity they intend to purchase and indicating any additional features of the ordered Product (e.g. personalized graphics). Having chosen the Product (having added the Product to the “basket” through the functionality available in the Online Store), the Customer fills in the Order Form providing the data necessary for the Seller to carry out the order, and then confirms the order with the “Order and pay” button.

  2. To place an order by electronic means, the Customer provides the Seller with information about the ordered Product and the data necessary for the execution of the order, in particular, identification data, address data and data enabling contact regarding the order (telephone number, e-mail address).

  3. After receiving the order, the Seller sends an e-mail to the Customer’s e-mail address provided during the ordering process with order receipt statement. Afterwards, the Seller, having verified the possibility of order execution, sends the order confirmation to the Customer. As soon as the Customer receives a message confirming the order, a Sales Contract is concluded.

  4. The order confirmation message contains the agreed terms of the Sales Contract, in particular the quantity and type of the ordered Product, the total price to be paid together with the delivery costs and the amount of discounts granted (if applicable).

V. Order execution time and delivery

  1. The Seller executes orders according to the order of their receipt (taking into account section VI paragraph 3 of these Terms and Conditions).

  2. The order execution time includes preparation, picking up, packing and releasing the Product by the Seller. Average order execution time is about 2 Business Days.

  3. If a part of the order consisting of several Goods is not currently available, the Customer is informed accordingly by phone or e-mail and decides on the way of order execution (partial execution, extension of waiting time, cancellation of the whole order or selection of replacement Goods).

  4. In the case of orders consisting of several Products with different availability and to be delivered in one shipment, the order execution date will depend on the date of picking by the Seller of the last Product included in the order, unless agreed otherwise with the Customer.

  5. The time of Product delivery to the Customer by the carrier in accordance with the delivery method chosen by the Customer should be added to the order execution time. Information about delivery methods and costs are communicated to the Customer at the stage of order placement.

  6. The Orders are issued for delivery to the carrier only on Business Days.

  7. Having received the delivery, the Customer should carefully check the condition of the packaging and its contents. If any potential damages or irregularities are identified, the Customer should, at the presence of the courier, draw up a damage report and inform the Seller.

VI. Payment methods

  1. The Seller enables the following payment methods:

  1. a prepayment by means of a traditional transfer to the Seller’s bank account,

  2. a prepayment through the PayU electronic payment system which is operated by PayU S.A. based in Poznań, in accordance with the regulations of the PayU electronic payment system.

  1. The Customer is obliged to make payment within 7 Business Days from the date of concluding the Contract. In case of failure to make the payment in the specific time, the Sales Contract may be terminated.

  2. The Seller commences execution of the order upon the receipt of information from the electronic payment system information about the correct payment made by the Customer or upon the payment is debited on the Seller’s bank account (in the case of traditional bank transfer).

  3. The Seller documents the Product sales with a receipt or a VAT invoice. The proof of purchase is delivered to the Customer together with the Product or electronically to the e-mail address indicated by the Customer during the order placement.

VII. Implied warranty for Product defects

  1. Pursuant to Article 556 of the Act of 23 April 1964, Polish Civil Code, the Seller is responsible to the Customer if the sold Product has a physical or legal defect. The Seller is released from liability under the implied warranty if the Customer knew about the defect at the time of concluding the Contract.

  2. Delivery of the Product within the execution of the rights resulting from the implied warranty for defects is made at the expense of the Seller.

  3. The Seller is liable under the implied warranty if a defect is found within two years from the date of delivery of the Product to the Customer.

  4. A notification of Product defects should be sent by e-mail to the following address info@xylon.pl or in writing to the address of the Seller’s registered office. The application can be sent on the form constituting the Attachment No. 2 to the Regulations.

  5. If the sold item has a defect, the Customer may make a declaration of price reduction or withdrawal from the Contract, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective item with an item free of defects or removes the defect. This restriction does not apply if the item has already been replaced or repaired by the Seller or the Seller has failed to fulfill their obligation to replace the item with one free from defects or to remove the defect.

  6. The Customer may, instead of the removal of a defect proposed by the Seller, demand replacement of the item with one free from defects or demand removal of the defect instead of the replacement of the item, unless bringing the item into conformity with the Contract in the manner chosen by the Customer is impossible or would require excessive costs in comparison with the manner proposed by the Seller.

  7. The Customer cannot withdraw from the Contract if the defect is minor.

  8. If it is necessary to assess physical defects, the Product should be delivered to the address below: XYLON, ul. Hallera 39, 41-407 Imielin.

  9. The Seller responds to the Customer’s request within 14 calendar days from the date of its receipt. Failure to consider the application within the specified deadline constitutes its acceptance.

  10. The Seller covers the costs of receipt, delivery, removal of defects or replacement of the Product with a new one.

VIII. Withdrawal from the Sales Contract

  1. A Customer who is a consumer under Article 27 of the Act of 30 May 2014 on Consumer Rights, has the right to withdraw from a distance contract without giving any reason.

  2. The right of withdrawal is valid for 14 calendar days from the moment of taking possession of the Product by the Customer or third party indicated by the Customer, other than the carrier.

  3. The Customer may withdraw from the Contract by submitting a statement on a form which is Attachment No 1 to these Regulations, by sending it via electronic means or to the post address of the Seller.

  4. In order to meet the deadline specified in section 2 it is sufficient to send a statement of withdrawal from the Contract before its expiry.

  5. The Seller will immediately confirm to the Client that they have received the statement of withdrawal from the Contract.

  6. The Seller will immediately, within a period not longer than 14 calendar days from the date of receipt of the statement of withdrawal from the Contract, return to the Customer all payments received from them, including the costs of delivery of goods. The Seller returns the payment through the same payment method as used by the Customer, unless the Customer has expressly agreed to another method of payment refund, which does not involve any costs to be borne by the Customer.

  7. If the Seller did not offer to collect the Product from the Customer, they may withhold the return of the received payment until the Product is returned or the Customer provides a proof of sending the Product back, whichever is earlier.

  8. If the Customer has chosen a method of delivery of goods other than the least expensive usual method offer by the Seller, the Seller is not obliged to reimburse any additional costs the Customer has borne.

  9. The Customer is obliged to return the Product to the Seller or hand it to the person authorized by the Seller immediately but not later than within 14 calendar days from the date of withdrawal from the Contract, unless the Seller has proposed to pick the Product up on their own. To meet the deadline, it is sufficient to send the Product back before its expiry.

  10. The Customer bears only the direct costs of returning the Product.

  11. The product should be delivered to the address below: XYLON, ul. Hallera 39, 41-407 Imielin.

  12. In the event of withdrawal from the Contract, the Customer is liable for any reduction in the value of the Product resulting from its use beyond what is necessary to establish the nature, characteristics and functioning of the Product.

  13. The right to withdraw from the Contract does not apply to Contracts specified in Article 38 of the Act of 30 May 2014 on Consumer Rights, among others, in relation to Contracts where the subject of the service is a non-prefabricated item, produced according to the Customer’s specifications or serving to satisfy their individual needs.

IX. Withdrawal from the Contract for electronic services and complaint procedure

  1. In the case of Contracts for the provision of electronic services of a continuous and indefinite nature, the Customer has the right to terminate the Contract. The Customer may terminate the contract by notice with immediate effect and without giving any reason by sending a notice of termination to an e-mail address info@xylon.pl.

  2. The Seller reserves the right to terminate the Contract for the provision of services of continuous and indefinite character by electronic means with a 14-day notice period in the case of violation by the Customer of the provisions of these Regulations.

  3. In the case of non-performance or improper performance by the Seller of the services provided by means of the Online Store, the Customer is entitled to lodge a complaint via e-mail to the following address info@xylon.pl.

  4. A properly submitted complaint should include the Customer’s identification (first and last name or company name, address of residence or registered office of the company and e-mail address), the subject of the complaint together with an indication of the period which the complaint relates to and the circumstances justifying the complaint.

  5. A complaint will be considered by the Seller within 14 calendar days from the date of its receipt.

X. Provisions concerning entrepreneurs

  1. Provisions of this paragraph apply only to those Customer who are not consumers pursuant to Article 221 of the Polish Civil Code.

  2. The Seller reserves the right to withdraw from the Sales Contract at any time if the Product has not yet been issued to the Customer, third party acting on behalf of the Customer or the carrier responsible for the delivery to the Customer. Withdrawal from the Contract by the Seller does not give rise to any claims on the part of the Customer in relation to the Seller.

  3. The Seller reserves the right to limit the payment methods available in the Online Store. The Seller reserves the right to demand a prepayment of a full amount or a part of the value of the order, regardless of the payment method the Customer has selected.

  4. Pursuant to Article 558 of the Polish Civil Code, when the Product is sold to a Customer who is not a consumer, the Seller’s liability under the implied warranty is excluded.

  5. Pursuant to Article 548(1) of the Polish Civil Code, at the moment of releasing the Product by the Seller to the Customer, a third party indicated by the Customer or a carrier, all benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product are transferred to the Customer.

  6. The Seller’s liability towards the Customer is limited to the actual damages suffered by the Customer due to improper performance by the Seller, while the Seller bears the liability in the amount not exceeding the value of the order placed by the Client.

XI. Liability

  1. The Seller is not liable for the introduction of erroneous data by the Customer (in particular, by providing erroneous data in the forms available on the website) or the Customer’s actions in a manner which makes it difficult or impossible to provide and perform services by the Seller.

  2. The Seller is not liable for the consequences of using the Online Store by the Customer in a manner inconsistent with the provisions of the Regulations, applicable laws and the rules of social coexistence or customs in force in this respect.

  3. The Seller reserves the right to suspend or terminate the provision of particular functionalities of the Online Store due to the need to maintain, review or expand the technical base or software. Suspension or termination of the services of particular functionalities of the Online Store cannot violate the Customer’s rights.

XII. Intellectual property

  1. Any contents of the Online Store (including graphics, texts, page layout and logotypes), not originating from the Customer or other suppliers, benefit from copyright protection and are the exclusive property of the Seller. The use of these contents without the Seller’s written consent results in civil and criminal liability.

  2. The Customer is obliged to use all the contents of the Online Store only for their own personal use. The use of content in other areas is permitted only if expressly indicated by the Seller.

  3. Using the Online Store, including the use of text, graphic materials, photographs, applications, databases or other content, does not mean that the Customer acquires any rights with respect to the indicated content, and in particular it does not mean the acquisition of property copyrights, related rights or licenses.

  4. It is forbidden to undertake the following actions without the express Seller’s consent:

  1. copying, modifying and transmitting the Online Store or parts thereof as well as individual content made available through it electronically or otherwise,

  2. disseminating in any way the content published in the Online Store,

  3. downloading the contents of databases and reusing them in whole or in part.

XIII. Final provisions

  1. The Seller reserves the right to change these Regulations. The Seller will notify the changes in the Regulations on the Online Store at least 14 calendar days before the changes in the Regulations come into force. The change of provisions of the Regulations does not apply to Customers who placed an order during the validity of the previous version of the Regulations. An amendment to the Regulations during the continuous contractual relationship is binding on the other party if the requirements set out in Article 384 of the Polish Civil Code have been met and the party has not terminated the Contract within the notice period of 14 calendar days.

  2. In other matters not regulated by these Regulations, the relevant provisions of the Polish law apply.

  3. The Customer can take advantage of out-of-court ways of handling complaints and pursuing claims arising from orders placed in the Store. These include: in case of a dispute over property rights arising from Sales Contracts and provision of services, applying for consideration of the case by the Permanent Arbitration Consumer Court acting at the relevant Provincial Commercial Inspectorate; applying to the Provincial Commercial Inspectorate in Katowice (http://www.katowice.wiih.gov.pl/) to undertake actions aimed at out-of-court settlement of a dispute pursuant to the Act of 23 September 2016 on out-of-court settlement of consumer disputes (Dz. U. of 2016, item 1823).

  4. Regardless of paragraph 3, the Customer may turn to the municipal (district) consumer advocate for help. All necessary information can be obtained on the website of the Office of Competition and Consumer Protection at the following address www.uokik.gov.pl.

  5. A Customer who is a consumer may also use the electronic way of solving disputes with the Seller through the ODR platform available at the following address http://ec.europa.eu/consumers/odr/.

  6. Disputes arising from the provision of services under these Regulations are settled by:

  1. the common court of law at the Customer’s choice, in accordance with the relevant provisions of Polish law, if the Customer is a consumer,

  2. the common court of law with jurisdiction over the seat of the Seller, if the Customer is not a consumer.

  1. Attachments to the Regulations constitute its integral part.

  2. The Regulations enter into force on 5 June 2020.