Terms of service
| ONLINE STORE REGULATIONS | ||||||||||
| 1. | These Regulations define the general terms, rules, and method of sales conducted by Bartosz Zaborowski running a business under the name BTX BARTOSZ ZABOROWSKI based in Gdańsk via the online store presivo.com (hereinafter referred to as the "Online Store") and define the terms and conditions of providing free electronic services by Bartosz Zaborowski running a business under the name BTX BARTOSZ ZABOROWSKI based in Gdańsk. | |||||||||
| § 1 Definitions | ||||||||||
| 1. | Working days - means weekdays from Monday to Friday excluding statutory holidays. | |||||||||
| 2. | Delivery - means the actual act of delivering the Goods specified in the order to the Client by the Seller, via the Supplier. | |||||||||
| 3. | Supplier - means the entity cooperating with the Seller in the scope of delivering Goods: | |||||||||
| a) | courier company; | |||||||||
| b) | InPost Sp. z o.o. based in Kraków, providing Delivery services and operating the postal locker system (Paczkomat). | |||||||||
| 4. | Password - means a sequence of letter, digit, or other characters chosen by the Client during Registration in the Online Store, used to secure access to the Client Account in the Online Store. | |||||||||
| 5. | Client - means an entity for whom, according to the Regulations and legal provisions, services may be provided electronically or with whom a Sales Agreement may be concluded. | |||||||||
| 6. | Consumer - means a natural person performing a legal act with an entrepreneur not directly related to their business or professional activity. | |||||||||
| 7. | Client Account - means an individual panel for each Client, activated for them by the Seller after the Client completes Registration and concludes a service agreement for Managing the Client Account. | |||||||||
| 8. | Entrepreneur - means a natural person, legal person, or organizational unit without legal personality, to which the law grants legal capacity, conducting business or professional activity on their own behalf and performing a legal act directly related to their business or professional activity. | |||||||||
| 9. | Entrepreneur with Consumer rights - means a natural person concluding a Sales Agreement directly related to their business activity, when the content of the Sales Agreement indicates that it does not have a professional character for this Entrepreneur, resulting in particular from the subject of the business activity performed by them, made available based on the provisions on the Central Register and Information on Economic Activity. | |||||||||
| 10. | Regulations - means these regulations. | |||||||||
| 11. | Registration - means the factual action performed in the manner specified in the Regulations, required for the Client to use all functionalities of the Online Store. | |||||||||
| 12. | Seller - means Bartosz Zaborowski conducting business under the name BTX BARTOSZ ZABOROWSKI with its registered office in Gdańsk (80-395), ul. Opolska 4F/3, NIP: 5842772510, REGON: 380176523, entered in the Central Registration and Information on Business conducted by the Minister of Development and Technology; e-mail: info@presivo.com, who is also the owner of the Online Store. | |||||||||
| BDO Number - 000638770. | ||||||||||
| 13. | Online Store Website - means the websites under which the Seller operates the Online Store, operating in the presivo.com domain. | |||||||||
| 14. | Product - means a product presented by the Seller via the Online Store Website, which may be the subject of the Sales Agreement. | |||||||||
| 15. | Durability - the ability of the Product to maintain its functions and properties during normal use. | |||||||||
| 16. | Durable medium - means material or a tool enabling the Client or Seller to store information addressed personally to them, in a way that allows access to the information in the future for a period appropriate to the purposes for which the information is intended, and which allows the stored information to be reproduced unchanged. | |||||||||
| 17. | Sales Agreement - means a distance sales agreement concluded under the terms specified in the Regulations, between the Client and the Seller. | |||||||||
| § 2 General provisions and use of the Online Store | ||||||||||
| 1. | All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its internet domain, the Online Store Website, as well as to patterns, forms, logos placed on the Online Store Website (except for logos and photos presented on the Online Store Website for the purpose of product presentation, to which copyrights belong to third parties) belong to the Seller, and their use may only occur in a manner specified and consistent with the Regulations and with the Seller's written consent. | |||||||||
| 2. | The Seller will make efforts to ensure that using the Online Store is possible for Internet users with all popular web browsers, operating systems, device types, and types of internet connections. The minimum technical requirements enabling the use of the Online Store Website are a web browser version at least Microsoft Edge 109 or Internet Explorer 11 or Chrome 110 or FireFox 109 or Opera 95 or Safari 11 or newer, with JavaScript support enabled, accepting "cookies" files, and an internet connection with a bandwidth of at least 256 kbit/s. The Online Store Website is optimized for a minimum screen resolution of 1024x768 pixels. | |||||||||
| 3. | The Seller uses a "cookies" mechanism, which during the Client's use of the Store's Website, is saved by the Seller's server on the Client's end device hard drive. The use of "cookies" aims to ensure the proper functioning of the Store's Website on Clients' end devices. This mechanism does not damage the Client's end device nor cause configuration changes on Clients' end devices or software installed on those devices. Each Client can disable the "cookies" mechanism in their end device's web browser. The Seller points out that disabling "cookies" may cause difficulties or prevent the use of the Store's Website. | |||||||||
| 4. | To place an order in the Online Store via the Store's Website and to use electronic services via the Store's Website, the Client must have an active email account. | |||||||||
| 5. | It is prohibited for the Client to provide unlawful content and to use the Online Store, the Store's Website, or free services provided by the Seller in a manner contrary to the law, good customs, or violating the personal rights of third parties. | |||||||||
| 6. | The Seller declares that the public nature of the Internet and the use of services provided electronically may pose a risk of unauthorized acquisition and modification of Client data by unauthorized persons, therefore Clients should use appropriate technical measures to minimize the above risks. In particular, they should use antivirus programs and identity protection for Internet users. The Seller never asks the Client to provide the Password in any form. | |||||||||
| 7. | It is not permitted to use the resources and functions of the Online Store for activities by the Client that would violate the Seller's interests, i.e., advertising activities of another entrepreneur or product; activities involving posting content unrelated to the Seller's business; activities involving posting false or misleading content. | |||||||||
| § 3 Registration | ||||||||||
| 1. | To create a Client Account, the Client is obliged to complete a free Registration. | |||||||||
| 2. | Registration is not required to place an order in the Online Store. | |||||||||
| 3. | To register, the Client should fill out the registration form provided by the Seller on the Store's Website and send the completed registration form electronically to the Seller by selecting the appropriate function available in the registration form. During Registration, the Client sets an individual Password. | |||||||||
| 4. | While filling out the registration form, the Client has the opportunity to familiarize themselves with the Terms and Conditions, accepting its content by marking the appropriate field in the form. | |||||||||
| 5. | After submitting the completed registration form, the Client immediately receives, electronically to the email address provided in the registration form, confirmation of Registration by the Seller. At that moment, a contract for the provision of the service of Managing the Client Account electronically is concluded, and the Client gains access to the Client Account and the ability to make changes to the data provided during Registration. | |||||||||
| § 4 Orders | ||||||||||
| 1. | The information contained on the Store's Website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to Clients to submit offers to conclude a Sales Agreement. | |||||||||
| 2. | The Client can place orders in the Online Store via the Store's Website 7 days a week, 24 hours a day. | |||||||||
| 3. | A Client placing an order via the Store's Website compiles the order by selecting the Goods they are interested in. Adding Goods to the order is done by selecting the "ADD TO CART" command under the given Goods presented on the Store's Website. After compiling the entire order and indicating the Delivery method and payment form in the "CART," the Client places the order by sending the order form to the Seller, selecting the "Order and pay" button on the Store's Website. Each time before sending the order to the Seller, the Client is informed of the total price for the selected Goods and Delivery, as well as all additional costs they are obliged to bear in connection with the Sales Agreement. | |||||||||
| 4. | Placing an order constitutes the Client making an offer to the Seller to conclude a Sales Agreement for the Goods that are the subject of the order. | |||||||||
| 5. | After placing the order, the Seller sends to the Client's provided email address a confirmation of its placement. | |||||||||
| 6. | Then, after confirming the order placement, the Seller sends to the Client's provided email address information about the acceptance of the order for processing. The information about the acceptance of the order for processing is a statement by the Seller about the acceptance of the offer referred to in §4 sec. 4 above and upon its receipt by the Client, the Sales Agreement is concluded. | |||||||||
| 7. |
After concluding the Sales Agreement, the Seller confirms its terms to the Client by sending them on a Durable Medium, to the Client's email address or in writing to the address provided by the Client during Registration or when placing the order. |
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8.REVIEWS IN THE ONLINE STORE § 5 Payments |
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| 1. | Prices on the Store's Website listed next to a given Product are gross prices and do not include information regarding Delivery costs and any other costs that the Customer will be obliged to bear in connection with the Sales Agreement, about which the Customer will be informed when choosing the Delivery method and placing the order. | |||||||||
| 2. | The Customer may choose the following payment methods for the ordered Goods: | |||||||||
| a) | bank transfer to the Seller's bank account (in this case, the order fulfillment will begin after the Seller sends the order acceptance confirmation to the Customer and after the funds have been credited to the Seller's bank account); | |||||||||
| b) | bank transfer to the Seller's bank account with the option of personal pickup at the Seller's office (in this case, the order fulfillment will begin immediately after the Seller sends the order acceptance confirmation to the Customer, and the Goods will be released at the Seller's office after the funds have been credited to the Seller's bank account); | |||||||||
| c) | payment card, bank transfer or BLIK via the external PayU payment system, operated by PayU S.A. based in Poznań. In this case, order fulfillment will begin after the Seller sends the Client confirmation of order acceptance and after the funds are credited to the Seller's bank account upon receiving information from the payu.com system about the successful completion of the payment); | |||||||||
| d) | cash on delivery, payment to the Supplier upon Delivery (in this case, order fulfillment will begin after the Seller sends the Client confirmation of order acceptance). | |||||||||
| 3. | The Client should make payment for the order in the amount resulting from the concluded Sales Agreement within 7 Business Days if they chose the prepayment method. | |||||||||
| 4. | In case the Client fails to make payment within the deadline referred to in §5 sec. 3 of the Regulations, the Seller sets an additional deadline for the Client to make the payment and informs the Client about it on a Durable medium. The information about the additional payment deadline also contains information that after the ineffective expiry of this deadline, the Seller will withdraw from the Sales Agreement. In case of ineffective expiry of the second payment deadline, the Seller will send the Client a statement of withdrawal from the agreement on a Durable medium based on art. 491 of the Civil Code. | |||||||||
| § 6 Delivery | ||||||||||
| 1. | The Seller carries out Delivery within the territory of the Republic of Poland. | |||||||||
| 2. | The Seller is obliged to deliver Goods in accordance with the Sales Agreement. | |||||||||
| 3. | The Seller posts on the Store's Website information about the number of Business Days needed for Delivery and order fulfillment. | |||||||||
| 4. | The Delivery and order fulfillment date indicated on the Store's Website is counted in Business Days in accordance with §5 sec. 2 of the Regulations.
The order fulfillment time is from 2 up to a maximum of 10 business days counted from the moment of payment of the order. |
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| 5. | Ordered Goods are delivered to the Client via the Supplier to the address indicated in the order form. | |||||||||
| In the case of choosing InPost Sp. z o.o. based in Kraków as the Supplier, the Delivery address will be the address of the parcel locker selected by the Client at the time of placing the order. | ||||||||||
| 6. | On the day the Goods are sent to the Client (if the option of personal collection of the Goods was not chosen), information confirming the dispatch of the shipment by the Seller is sent to the Client's email address. | |||||||||
| 7. | The Client is obliged to examine the delivered shipment in a timely manner and in the manner accepted for shipments of the given type. In case of detecting a shortage or damage to the shipment, the Client has the right to request the Supplier's employee to draw up an appropriate protocol. | |||||||||
| 8. | The Client has the option of personal pickup of the ordered Goods. Pickup can be made at the Seller's office on Working Days, during the opening hours indicated on the Store's Website, after prior arrangement of the pickup date with the Seller via email or phone. | |||||||||
| 9. | The Seller sends the proof of purchase covering the delivered Goods to the Client's email address provided in the order form, in the form of an electronic file in PDF format. To open the file, the Client should have free software compatible with the PDF format. The Seller recommends Adobe Acrobat Reader for this purpose, which can be downloaded for free at https://www.adobe.com. The proof of purchase is also available to the Client in the Client Account after logging in. | |||||||||
| To receive a VAT invoice, the Client should declare at the time of purchase that they are buying the Goods as an Entrepreneur (taxpayer). This declaration is made by marking the appropriate field in the order form before sending the order to the Seller. | ||||||||||
| 10. | In the event of the Client's absence at the address provided by them when placing the order as the Delivery address, the Supplier's employee will leave a notice or attempt to contact by phone to arrange a time when the Client will be present. In the case of the ordered Goods being returned to the Online Store by the Supplier, the Seller will contact the Client electronically or by phone to re-arrange the delivery date and cost with the Client. | |||||||||
| § 7 Warranty for Entrepreneurs | ||||||||||
| 1. | The Seller ensures the Delivery of defect-free Goods. The Seller is responsible towards the Entrepreneur if the Goods have a defect. | |||||||||
| 2. | If the Goods have a defect, the Entrepreneur may: | |||||||||
| a) | make a statement about a price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Entrepreneur exchanges the defective Goods for defect-free ones or removes the defect. | |||||||||
| This limitation does not apply if the Goods have already been exchanged or repaired by the Seller or if the Seller has not fulfilled the obligation to exchange the Goods for defect-free ones or to remove defects. The Entrepreneur may, instead of the defect removal proposed by the Seller, demand the exchange of the Goods for defect-free ones or, instead of exchanging the Goods, demand defect removal, unless bringing the item into conformity with the contract in a manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the defect-free Goods, the type and significance of the identified defect, as well as the inconvenience to which the Entrepreneur would be exposed by another method of satisfaction, are taken into account. | ||||||||||
| The Entrepreneur may not withdraw from the Sales Agreement if the defect is insignificant. | ||||||||||
| b) | to demand replacement of the defective Goods with defect-free Goods or removal of the defect. The Seller is obliged to replace the defective Goods with defect-free Goods or remove the defect within a reasonable time without excessive inconvenience to the Entrepreneur. | |||||||||
| The Seller may refuse to satisfy the Entrepreneur's request if bringing the defective Goods into conformity with the Sales Agreement in the manner chosen by the Entrepreneur is impossible or, compared to the other possible method of bringing the Goods into conformity with the Sales Agreement, would require excessive costs. The Seller bears the costs of repair or replacement. | ||||||||||
| 3. | The Seller is liable under the warranty if a physical defect is found within two years from the delivery of the Goods to the Entrepreneur. The claim for removal of the defect or replacement of the Goods with defect-free Goods expires after one year, but this period cannot end before the expiry of the period specified in the first sentence. Within this period, the Entrepreneur may withdraw from the Sales Agreement or submit a statement on price reduction due to the defect of the Goods. If the Entrepreneur requested replacement of the Goods with defect-free Goods or removal of the defect, the period for withdrawal from the Sales Agreement or submission of a statement on price reduction begins upon the ineffective expiry of the period for replacement of the Goods or removal of the defect. | |||||||||
| 4. | The Entrepreneur exercising rights under the warranty is obliged to deliver the defective item to the Seller's address. The delivery cost is covered by the Seller. | |||||||||
| 5. | All complaints related to the Goods or the execution of the Sales Agreement may be submitted by the Entrepreneur in writing to the Seller's address | |||||||||
| 6. | The Seller shall respond to the complaint regarding the Goods or the complaint related to the execution of the Sales Agreement submitted by the Entrepreneur within 14 days from the date of the request containing the complaint. | |||||||||
| § 8 Non-compliance of goods with the contract | ||||||||||
| Consumer and Entrepreneur complaint with Consumer rights | ||||||||||
| 1. | The goods comply with the contract if, in particular, the following remain in accordance with the contract: | |||||||||
| a) | description, type, quantity, quality, completeness and functionality, and in relation to goods with digital elements – also compatibility, interoperability and availability of updates; | |||||||||
| b) | be suitable for the particular purpose for which it is needed by the Consumer or the Entrepreneur with Consumer rights, about which the Consumer or the Entrepreneur with Consumer rights informed the Seller at the latest at the time of concluding the contract and which the Seller accepted. | |||||||||
| 2. | Furthermore, the Goods, to be considered compliant with the contract, must: | |||||||||
| a) | be suitable for the purposes for which Goods of this kind are usually used, taking into account applicable legal regulations, technical standards, or good practices; | |||||||||
| b) | occur in such quantity and have such features, including Durability and safety, and in relation to Goods with digital elements – also functionality and compatibility, which are typical for Goods of this kind and which the Consumer or the Entrepreneur with Consumer rights can reasonably expect, taking into account the nature of the Goods and the public assurance made by the Seller, his legal predecessors, or persons acting on their behalf, especially in advertising or on the label, unless the Seller proves that: | |||||||||
| a. | did not know about the given public assurance and, judging reasonably, could not have known about it; | |||||||||
| b. | before concluding the contract, the public assurance was corrected while maintaining the conditions and form in which the public assurance was made, or in a comparable manner; | |||||||||
| c. | the public assurance did not influence the decision of the Consumer or the Entrepreneur with Consumer rights to conclude the contract. | |||||||||
| c) | be delivered with packaging, accessories, and instructions that the Consumer or the Entrepreneur with Consumer rights can reasonably expect; | |||||||||
| d) | be of the same quality as the sample or pattern that the Seller made available to the Consumer or the Entrepreneur with Consumer rights before concluding the contract, and correspond to the description of such a sample or pattern. | |||||||||
| 3. | The Seller is not liable for the lack of conformity of the Goods with the contract in the scope referred to in §8 sec. 2, if the Consumer or the Entrepreneur with Consumer rights, at the latest at the time of concluding the contract, was clearly informed that a specific feature of the Goods deviates from the requirements of conformity with the contract specified in §8 sec. 2, and clearly and separately accepted the absence of a specific feature of the Goods. | |||||||||
| 4. | The Seller is liable for the lack of conformity of the Goods with the contract resulting from improper installation of the Goods, if: | |||||||||
| a) | it was carried out by the Seller or under his responsibility; | |||||||||
| b) | incorrect installation carried out by the Consumer or the Entrepreneur with Consumer rights resulted from errors in the instructions provided by the entrepreneur or a third party. | |||||||||
| 5. | The Seller is liable for the non-compliance of the Goods with the contract existing at the time of delivery and revealed within two years from that moment, unless the shelf life of the Goods for use, specified by the Seller, their legal predecessors, or persons acting on their behalf, is longer. It is presumed that the non-compliance of the Goods with the contract, which became apparent before the expiration of two years from the moment of delivery, existed at the time of delivery, unless proven otherwise or this presumption cannot be reconciled with the specifics of the Goods or the nature of the non-compliance of the Goods with the contract. | |||||||||
| 6. | The Seller may not invoke the expiration of the period for detecting non-compliance of the Goods with the contract specified in §8 sec. 5 if they have fraudulently concealed this non-compliance. | |||||||||
| 7. | If the Goods are non-compliant with the contract, the Consumer or Entrepreneur with Consumer rights may demand their repair or replacement. | |||||||||
| 8. | The Seller may carry out a replacement when the Consumer or Entrepreneur with Consumer rights requests a repair, or the Seller may carry out a repair when the Consumer or Entrepreneur with Consumer rights requests a replacement, if bringing the Goods into compliance with the contract in the manner chosen by the Consumer or Entrepreneur with Consumer rights is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, they may refuse to bring the goods into compliance with the contract. | |||||||||
| 9. | When assessing the excessiveness of costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the non-compliance of the Goods with the contract, the value of the Goods compliant with the contract, and the excessive inconvenience to the Consumer or Entrepreneur with Consumer rights resulting from the change in the method of bringing the Goods into compliance with the contract. | |||||||||
| 10. | The Seller carries out the repair or replacement within a reasonable time from the moment the Seller was informed by the Consumer or Entrepreneur with Consumer rights about the non-compliance with the contract, and without excessive inconvenience to the Consumer or Entrepreneur with Consumer rights, taking into account the specifics of the Goods and the purpose for which the Consumer or Entrepreneur with Consumer rights acquired them. The costs of repair or replacement, including in particular postal fees, transport, labor, and materials, are borne by the Seller. | |||||||||
| 11. | The Consumer or Entrepreneur with Consumer rights provides the Seller with the Goods subject to repair or replacement. The Seller collects the Goods from the Consumer or Entrepreneur with Consumer rights at their own expense. | |||||||||
| 12. | If the Goods were installed before the non-compliance with the contract became apparent, the Seller shall dismantle the goods and reinstall them after repair or replacement or commission these activities at his own expense. | |||||||||
| 13. | The Consumer or the Entrepreneur with Consumer rights is not obliged to pay for the ordinary use of the Goods that were then replaced. | |||||||||
| 14. | If the Goods are non-compliant with the contract, the Consumer or the Entrepreneur with Consumer rights may submit a statement on price reduction or withdrawal from the contract when: | |||||||||
| a) | The Seller refused to bring the Goods into compliance with the contract in accordance with §8 sec. 8 above; | |||||||||
| b) | The Seller did not bring the Goods into compliance with the contract in accordance with §8 sec. 10 to §8 sec. 12 above; | |||||||||
| c) | the non-compliance of the Goods with the contract still occurs, despite the Seller's attempt to bring the Goods into compliance with the contract; | |||||||||
| d) | the non-compliance of the Goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the protection measures specified from §8 sec. 7 to §8 sec. 12 above; | |||||||||
| e) | it clearly follows from the Seller's statement or circumstances that he will not bring the Goods into compliance with the contract within a reasonable time or without excessive inconvenience to the Consumer or the Entrepreneur with Consumer rights. | |||||||||
| 15. | The Seller is obliged to respond to the consumer's complaint within 14 days from the day of its receipt. | |||||||||
| 16. | The Seller shall refund the Consumer or the Entrepreneur with Consumer rights the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the day of receiving the Consumer's or the Entrepreneur's with Consumer rights statement on the price reduction. | |||||||||
| 17. | The Consumer or the Entrepreneur with Consumer rights may not withdraw from the contract if the non-compliance of the Goods with the contract is insignificant. It is presumed that the non-compliance of the Goods with the contract is significant. | |||||||||
| 18. | If the non-compliance with the contract concerns only some of the Goods delivered under the contract, the Consumer or the Entrepreneur with Consumer rights may withdraw from the contract only in relation to those Goods, as well as in relation to other Goods purchased by the Consumer or the Entrepreneur with Consumer rights together with the non-compliant Goods, if it is not reasonable to expect the Consumer or the Entrepreneur with Consumer rights to agree to keep only the Goods compliant with the contract. | |||||||||
| 19. | In case of withdrawal from the contract, the Consumer or the Entrepreneur with Consumer rights shall immediately return the Goods to the Seller at the Seller's expense. The Seller shall refund the Consumer or the Entrepreneur with Consumer rights immediately, no later than within 14 days from the day of receiving the Goods or proof of their return. | |||||||||
| 20. | The Seller refunds the price using the same payment method that the Consumer or Entrepreneur with Consumer rights used, unless the Consumer or Entrepreneur with Consumer rights has expressly agreed to a different refund method that does not incur any costs for them. | |||||||||
| 21. | The Seller does not use out-of-court dispute resolution referred to in the Act of September 23, 2016, on out-of-court resolution of consumer disputes. | |||||||||
| § 9 Warranty | ||||||||||
| 1. | Goods sold by the Seller may be covered by a warranty granted by the manufacturer of the Goods or the distributor. | |||||||||
| 2. | In the case of Goods covered by a warranty, information regarding the existence and content of the warranty is always presented on the Store's Website. | |||||||||
| § 10 Withdrawal from the Sales Agreement | ||||||||||
| 1. | A Client who is a Consumer and an Entrepreneur with Consumer rights who has concluded a Sales Agreement may withdraw from it within 30 days without giving any reason. | |||||||||
| 2. | The withdrawal period from the Sales Agreement begins from the moment the Consumer, the Entrepreneur with Consumer rights, or a third party indicated by them other than the carrier takes possession of the Goods. | |||||||||
| The Consumer and the Entrepreneur with Consumer rights may withdraw from the Sales Agreement by submitting a withdrawal statement to the Seller. This statement may be submitted, for example, in writing to the Seller's address, i.e.: BTX BARTOSZ ZABOROWSKI, ul. Opolska 4F/3 (80-395), Gdańsk, or by email to the Seller's address, i.e.: info@presivo. The statement can be submitted using the form whose template has been posted by the Seller on the Store's Website at: Withdrawal Form. To meet the deadline, it is sufficient to send the statement before it expires. | ||||||||||
| The Consumer and the Entrepreneur with Consumer rights may withdraw from the Sales Agreement by submitting a withdrawal statement to the Seller via the form available on the website at: Electronic Withdrawal Form. To meet the deadline, it is sufficient to send the statement before it expires. The Seller promptly confirms to the Consumer and the Entrepreneur with Consumer rights the receipt of the form submitted via the website. | ||||||||||
| 3. | In the case of withdrawal from the Sales Agreement, it is considered not concluded. | |||||||||
| 4. | If the Consumer or an Entrepreneur with Consumer rights has made a statement of withdrawal from the Sales Agreement before the Seller accepted their offer, the offer ceases to be binding. | |||||||||
| 5. | The Seller is obliged to immediately, no later than within 14 days from the day of receiving the Consumer's or the Entrepreneur with Consumer rights' statement of withdrawal from the Sales Agreement, refund all payments made by them, including the cost of delivering the Goods to the Consumer or the Entrepreneur with Consumer rights. The Seller may withhold the refund of payments received from the Consumer or the Entrepreneur with Consumer rights until the Goods are received back or until the Consumer or the Entrepreneur with Consumer rights provides proof of returning the Goods, whichever occurs first. | |||||||||
| 6. | If the Consumer or the Entrepreneur with Consumer rights exercising the right of withdrawal chose a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer or the Entrepreneur with Consumer rights. | |||||||||
| 7. | The Consumer or the Entrepreneur with Consumer rights is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the day they withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send the Goods back to the Seller's address before the deadline expires. | |||||||||
| 8. | In the event of withdrawal, the Client who is a Consumer or the Entrepreneur with Consumer rights bears only the direct costs of return. | |||||||||
| 9. | If, due to its nature, the Goods cannot be returned by regular mail, the Seller informs the Consumer and the Entrepreneur with Consumer rights about the costs of returning the item on the Store's Website. | |||||||||
| 10. | The Consumer and the Entrepreneur with Consumer rights are responsible for any reduction in the value of the Goods resulting from using them in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Goods. | |||||||||
| 11. | The Seller refunds the payment using the same payment method used by the Consumer or the Entrepreneur with Consumer rights unless the Consumer or the Entrepreneur with Consumer rights has expressly agreed to a different refund method that does not incur any costs for them. | |||||||||
| 12. | The right to withdraw from the Sales Agreement does not apply to the Consumer or the Entrepreneur with Consumer rights in relation to contracts where the Goods are items delivered in sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery. | |||||||||
| § 11 Free services | ||||||||||
| 1. | The Seller provides Clients with free electronic services: | |||||||||
| a) | Contact Form; | |||||||||
| b) | Newsletter; | |||||||||
| c) | Client Account Management. | |||||||||
| 2. | The services indicated in §11 section 1 above are provided 7 days a week, 24 hours a day. | |||||||||
| 3. | The Seller reserves the right to select and change the type, form, time, and method of providing access to the selected listed services, about which Clients will be informed in a manner appropriate for changes to the Regulations. | |||||||||
| 4. | The Contact Form service consists of sending a message to the Seller using the form placed on the Store's Website. | |||||||||
| 5. | Unsubscribing from the free Contact Form service is possible at any time and involves ceasing to send inquiries to the Seller. | |||||||||
| 6. | Any Client who enters their email address using the registration form provided by the Seller on the Store's Website can use the Newsletter service. After submitting the completed registration form, the Client immediately receives an activation link electronically at the email address provided in the registration form to confirm the subscription to the Newsletter. Upon activation of the link by the Client, an agreement for the provision of the Newsletter service electronically is concluded. | |||||||||
| 7. | The Newsletter service consists of the Seller sending electronic messages to the email address containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Clients who have subscribed. | |||||||||
| 8. | Each Newsletter sent to specific Clients contains, in particular: information about the sender, a filled "subject" field specifying the content of the shipment, and information about the possibility and method of unsubscribing from the free Newsletter service. | |||||||||
| 9. | The Client may unsubscribe from receiving the Newsletter at any time by unsubscribing via the link included in each electronic message sent as part of the Newsletter service or by deactivating the appropriate field in the Client Account. | |||||||||
| 10. | The Client Account Management service is available after Registration under the terms described in the Regulations and involves providing the Client with a dedicated panel within the Store's Website, enabling the Client to modify the data provided during Registration, as well as track the status of order fulfillment and the history of completed orders. | |||||||||
| 11. | A Client who has completed Registration may request the Seller to delete the Client Account, and in the case of a request for deletion of the Client Account submitted by the Seller, it may be deleted within 14 days of the request. | |||||||||
| 12. | The Seller is entitled to block access to the Client Account and free services in the event of the Client acting to the detriment of the Seller, i.e., conducting advertising activities for another entrepreneur or product; activities involving posting content unrelated to the Seller's business; activities involving posting false or misleading content, as well as in the event of the Client acting to the detriment of other Clients, violating legal provisions or the Terms and Conditions, and also when blocking access to the Client Account and free services is justified for security reasons - in particular: the Client breaking the Store Website's security or other hacking activities. The blocking of access to the Client Account and free services for the reasons mentioned lasts for the period necessary to resolve the issue that is the basis for blocking access to the Client Account and free services. The Seller notifies the Client of the blocking of access to the Client Account and free services electronically at the address provided by the Client in the registration form. | |||||||||
| 13. | The Client may submit a complaint to the Seller regarding the use of free services provided electronically by the Seller. The complaint may be submitted, for example, in electronic form and sent to info@presivo.com or via the Client Account, under the terms described on the Store's Website. The complaint submission should include a description of the problem encountered. The Seller shall consider the complaint promptly, but no later than within 14 days, and provide a response to the Client. | |||||||||
| § 12 Personal data protection | ||||||||||
| 1. | The principles of Personal Data protection are set out in the Privacy Policy. | |||||||||
| § 13 Termination of the agreement (does not apply to Sales Agreements) | ||||||||||
| 1. | Both the Client and the Seller may terminate the electronic services agreement at any time and without giving reasons, subject to preserving the rights acquired by the other party before the termination of the said agreement and the provisions below. | |||||||||
| 2. | A Client who has completed Registration terminates the electronic services agreement by sending the Seller an appropriate declaration of intent, using any means of remote communication that allows the Seller to become acquainted with the Client's declaration of intent. | |||||||||
| 3. | The Seller terminates the contract for the provision of electronic services by sending the Customer an appropriate declaration of intent to the email address provided by the Customer during Registration. | |||||||||
| § 14 Final provisions | ||||||||||
| 1. | The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller is liable only in the case of intentional damage and within the limits of the actual losses incurred by the Customer who is an Entrepreneur. | |||||||||
| 2. | The content of these Terms and Conditions may be recorded by printing, saving on a medium, or downloading at any time from the Store's Website. | |||||||||
| 3. | In the event of a dispute arising from the concluded Sales Agreement, the parties will seek to resolve the matter amicably. The law applicable to the resolution of any disputes arising under these Terms and Conditions is Polish law. | |||||||||
| 4. | The Seller informs the Customer who is a Consumer about the possibility of using out-of-court methods for handling complaints and pursuing claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to resolve disputes out of court. These may include, in particular, consumer rights advocates or Provincial Inspectorates of Trade Inspection, whose list is available on the website of the Office of Competition and Consumer Protection. The Seller informs that at the address https://ec.europa.eu/consumers/odr/ there is an online platform for dispute resolution between consumers and entrepreneurs at the EU level (ODR platform). |
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| 5. | The Seller reserves the right to change these Terms and Conditions. All orders accepted by the Seller for execution before the date of entry into force of the new Terms and Conditions are executed based on the Terms and Conditions that were in effect on the day the Customer placed the order. The change of the Terms and Conditions comes into effect within 7 days from the date of publication on the Store's Website. The Seller will inform the Customer 7 days before the new Terms and Conditions come into effect about the change by means of a message sent electronically containing a link to the text of the amended Terms and Conditions. If the Customer does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact, which results in the termination of the contract in accordance with the provisions of §13 of the Terms and Conditions. | |||||||||
| 6. | Contracts with the Seller are concluded in the Polish language. | |||||||||
| 7. | The Terms and Conditions come into effect on 01.01.2025. | |||||||||