Terms and Conditions

I. General provisions

These Regulations define the general conditions and method of providing electronic services and sales conducted via the Online Store www.abmtrade.eu. The owner of the store is Izolacja ABM Artur Avanesov, place of business: Piłsudskiego 97, 05-091 Ząbki, delivery address: as above, NIP: 5242728185, REGON: 389675133, hereinafter referred to as the Seller.
Contact with the Seller is via:
e-mail address: e-shop@abmtrade.eu;
by phone: +48 512 541 422
These Regulations are continuously available on the website www.abmtrade.eu, in a way that makes it possible to obtain, reproduce and record their content by printing or saving on a medium at any time.
The Seller informs that the use of services provided electronically may involve a risk for each Internet user, consisting in the possibility of introducing malicious software into the Customer’s IT system and obtaining and modifying his data by unauthorized persons. To avoid the risk of the above-mentioned threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular anti-virus programs and a firewall.

II. Definitions

The terms used in the Regulations mean:

Working days – these are days from Monday to Friday, excluding public holidays;
Customer – a natural person with full legal capacity, a natural person running a business, a legal person or an organizational unit that is not a legal person, to which special provisions grant legal capacity, who places an Order in within the Online Store or uses other Services available in the Online Store;
Civil Code – Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
Account – part of the Online Store allocated to a given Customer, through which the Customer can perform specific activities within the Online Store;
Consumer – Customer who is a consumer within the meaning of Art. 22[1] of the Civil Code;
Entrepreneur – Customer who is an entrepreneur within the meaning of Art. 43[1] of the Civil Code;
Regulations – this document;
Goods – a product presented in the Online Store, the description of which is available for each of the presented products;
Sales contract – Goods sales contract within the meaning of the Civil Code, concluded between the Seller and the Customer;
Services – services provided by the Seller to Customers electronically within the meaning of the provisions of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended );
Consumer Rights Act – Act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827);
Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
Order – the Customer’s declaration of will, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.

III. Rules for using the Online Store

The use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
– computer or mobile device with Internet access,
– access to e-mail,
– Internet Explorer version 11 or newer, Firefox version 28.0 or newer, Chrome version 32 or newer, Opera version 12.17 or newer, Safari version 1.1. or newer,
– enabling Cookies and Javascript in the web browser.
Using the Online Store means any activity of the Customer that leads to reading the content contained in the Store.
The customer is obliged in particular to:
– not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
– use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
– not taking actions such as: sending or posting unsolicited commercial information (spam) in the Online Store,
– use the Online Store in a way that is not inconvenient for other Customers and the Seller,
– use all content posted in the Online Store only for your own personal use,
– use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet.

IV. Services

The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form available on one of the pages of the Online Store. The contract for the provision of the service of maintaining an Account in the Online Store is concluded for an indefinite period and terminates when the Customer sends a request to delete the Account.
The Customer has the option of receiving commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter service). For this purpose, you must provide a valid e-mail address or activate the appropriate field in the registration form or Order form. The customer may withdraw consent to sending commercial information at any time. The contract for the provision of the Newsletter service is concluded for an indefinite period and is terminated when the Customer sends a request to remove his e-mail address from the Newsletter subscription or unsubscribe using the link in the content of the message sent as part of the Newsletter service.
The Seller has the right to organize occasional competitions and promotions, the terms of which will each time be provided on the Store’s website. Promotions in the Online Store cannot be combined, unless the Regulations of a given promotion provide otherwise.
If the Customer violates the provisions of these Regulations, the Seller, after an unsuccessful request to stop or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.

V. Procedure for concluding the Sales Agreement

Information about the Goods provided on the Store’s website, in particular their descriptions, technical and operational parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of Art. 71 of the Civil Code.
All Goods available in the Online Store are brand new, free from physical and legal defects and have been legally introduced to the Polish market.
The condition for placing an Order is to have an active e-mail account.
If an Order is placed via the Order form available on the Online Store’s website, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods that are the subject of the Order. An offer submitted in electronic form is binding on the Customer if the Seller sends confirmation of acceptance of the Order to the e-mail address provided by the Customer, which constitutes the Seller’s declaration of acceptance of the Customer’s offer and upon its receipt by the Customer, a Sales Agreement is concluded.
The sales contract is concluded in Polish, with the content consistent with the Regulations.

VI. Delivery

The Customer may choose the following methods of delivery of the ordered Goods:
– via a courier company;
– delivered to the parcel locker.
On the Store’s website, in the description of the Goods, the Seller informs the Customer about the number of Business Days needed to complete the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
The delivery and execution time of the Order is counted in Business Days in accordance with point. VII point. 2.
The Seller, in accordance with the Customer’s will, provides a VAT invoice for the delivered Goods along with the Goods.
If different implementation periods are provided for the Goods covered by the Order, the longest period among those provided applies for the entire Order.

VII. Prices and payment methods

The prices of the Goods are given in Polish zloty and include all components, including VAT, customs duties and other fees.
The customer can choose the following payment methods:
– bank transfer to the Seller’s bank account (in this case, the execution of the Order will begin after the Seller sends the confirmation of acceptance of the Order to the Customer, and the shipment will be made immediately after the funds are transferred to the Seller’s bank account and the Order is completed);
– electronic payment (in this case, the execution of the Order will begin after the Seller sends the Customer confirmation of acceptance of the Order and after the Seller receives information from the settlement agent’s system about the payment made by the Customer, and the shipment will be made immediately after completing the Order).
On the Store’s website, the Seller informs the Customer about the date by which he is obliged to make payment for the Order. If the Customer fails to pay within the period referred to in the previous sentence, the Seller, after an ineffective request for payment and setting an appropriate deadline, may withdraw from the Agreement pursuant to Art. 491 of the Civil Code.

VIII. Right to withdraw from the Agreement

The Customer who is a Consumer may withdraw from the Agreement without giving a reason by submitting an appropriate declaration within 14 days. To meet this deadline, it is enough to send a declaration before its expiry.
The Customer may formulate the declaration himself or use the template of the declaration of withdrawal from the Agreement, which constitutes Annex No. 1 to the Regulations.
The 14-day period is counted from the date on which the Goods were delivered or, in the case of a Service Agreement, from the date of its conclusion.
Upon receipt of the declaration of withdrawal from the Agreement by the Consumer, the Seller will send confirmation of receipt of the declaration of withdrawal from the Contract to the Consumer’s e-mail address.
The right to withdraw from the Agreement by the Consumer is excluded in the case of:
– provision of services if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the Seller has completed the service, he will lose the right to withdraw from the Agreement;
– willingness to return promotional products. In such a case, the entire order must be returned in the same condition in which the Customer received it.
– An Agreement in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Agreement;
– Agreement in which the subject of the service is non-prefabricated Goods, manufactured according to the Consumer’s specifications or serving to meet his individual needs;
– Contracts in which the subject of the service is Goods that deteriorate quickly or have a short shelf life;
– An agreement in which the subject of the service is Goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
– Contracts in which the subject of the service are Products which, after delivery, due to their nature, are inseparably connected with other things;
– An agreement in which the subject of the service are alcoholic beverages, the price of which was agreed upon concluding the Sales Agreement, and the delivery of which may take place only after 30 days and the value of which depends on market fluctuations over which the Seller has no control;
– Agreement in which the Consumer expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the Consumer, or provides Goods other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Agreement in relation to additional services or Goods;
– Contracts in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; delivery of newspapers, periodicals or magazines, with the exception of the Subscription Agreement;
– Agreement concluded by public auction;
– Contracts for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
– Agreements for the supply of digital content that are not recorded on a tangible medium, if the performance of the service began with the Consumer’s express consent before the deadline for withdrawing from the Agreement and after informing him by the Seller about the loss of the right to withdraw from the Agreement.
In the event of withdrawal from a distance contract, the contract is considered not concluded. What the parties have provided is returned unchanged, unless the change was necessary to establish the nature, characteristics and functionality of the Goods. The return should be made immediately, no later than within 14 days. The purchased Goods should be returned to the Seller’s address.
The Seller will immediately, but no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Agreement, refund all payments made by the Consumer, including the costs of delivering the Goods. The Seller refunds the payment using the same payment method used by the Consumer, unless the Consumer agrees to a different method of return, and this method will not involve any costs for the Consumer. The Seller may withhold the refund of payments received from the Customer until he receives the item back or the Customer provides proof of sending it back, depending on which event occurs first, unless the Seller has offered to collect the item from the Customer himself.
If the Consumer has chosen 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.
The Customer only bears the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.

IX. Complaints regarding Goods under warranty

The Seller undertakes to deliver the Goods without defects.
The Seller is liable to the Customer who is a Consumer under the warranty for defects under the terms specified in Art. 556 – 576 of the Civil Code. In relation to Customers who are Entrepreneurs, the warranty is excluded.
Complaints resulting from violation of the Customer’s rights guaranteed by law or under these Regulations should be sent to the following address: Piłsudskiego 97
05-091 Ząbki, to the e-mail address: e-shop@abmtrade.eu, telephone number 512541422
In order to consider the complaint, the Customer should send or deliver the complained Goods, if possible, attaching proof of purchase to them. The goods should be delivered or sent to the address indicated in point. 3.
The Seller undertakes to consider each complaint within 14 days.
If there are any deficiencies in the complaint, the Seller will ask the Customer to complete it to the extent necessary immediately, but no later than within 7 days from the date of receipt of the request by the Customer.

X. Complaints regarding the provision of electronic services

The Customer may submit complaints to the Seller in connection with the operation of the Store and the use of the Services. Complaints can be submitted in writing to the following address:
Piłsudskiego 97,
05-091 Ząbki, Poland
to the e-mail address: e-shop@abmtrade.eu,
phone number +48 512541422
In the complaint, the Customer should provide his name and surname, correspondence address, type and description of the problem.
The Seller undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered. If there are any deficiencies in the complaint, the Seller will request the Customer to complete it to the extent necessary within 7 days from the date of receipt of the request by the Customer.

XI. Warranties

The goods may have a warranty from the manufacturer, the Seller or the importer.
In the case of Goods covered by a warranty, information regarding the existence and content of the warranty and the period for which it was granted is always presented in the description of the Goods on the Store’s website.

XII. Out-of-court methods of resolving complaints and pursuing claims

The Customer who is a Consumer has, among others: the following possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
– is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection to resolve a dispute arising from the concluded Sales Agreement;
– is entitled to request the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller;
– may obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address advice@dlakonsumentow.pl;
– submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

XIII. Personal data protection

The personal data provided by the Customers is collected and processed by the Seller in accordance with applicable regulations
law and in accordance with the Privacy Policy, which constitutes Annex 2 to the Regulations.

XIV. Final provisions

All rights to the Online Store, including economic copyrights, intellectual property rights to its name, internet domain, website of the Online Store, as well as forms and logos belong to the Seller, and they may only be used in the manner specified and consistent with the Regulations.
Resolution of any disputes arising between the Seller and the Customer who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
The settlement of any disputes arising between the Seller and the Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller’s registered office.
In matters not regulated in these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Consumer Rights Act and other relevant provisions of Polish law shall apply.
Each Customer will be informed about any changes to these Regulations via information on the main page of the Online Store, containing a summary of the changes and the date of their entry into force. Customers who have an Account will be additionally informed about the changes along with their summary to the e-mail address provided by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. If the Customer who has a Customer Account does not accept the new content of the Regulations, he or she is obliged to notify the Seller of this fact within 14 days from the date of being informed about the change in the Regulations. Notifying the Seller of non-acceptance of the new content of the Regulations results in termination of the Agreement.