Statute

Terms and conditions of the A-Sense online store

§ 1 [Definitions]

In these regulations, the following terms shall have the following meanings:

“Business Customer” means a Buyer who conducts business activity, and the fact of conducting business activity has been verified and confirmed by the Seller in accordance with § 5(3) of the Terms and Conditions.

“Buyer” – a natural person with full legal capacity, a legal person, or an organizational unit without legal personality using the Store.

“GDPR” – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 (General Data Protection Regulation),

“Store” – online store available at www.a-sense.pl

“Seller” – A-SENSE Spółka z o.o. with its registered office in Poniatowa, address: Przemysłowa 46, 24-320 Poniatowa, registered in the Register of Entrepreneurs kept by the District Court Lublin Wschód in Lublin, with its seat in Świdnik, 6th Commercial Division of the National Court Register, under KRS number 0000313617, with NIP (Tax Identification Number) 9512271586 and REGON (National Business Registry Number) 141657021, with share capital: PLN 50,000.00, paid in full,

“Terms and Conditions” – these terms and conditions, available at https://a-sense.pl/en/statute/

§ 2 [General provisions]

  1. Through the Store, the Seller sells the products described on the Store’s website, while providing electronic services to the Buyer in accordance with § 3 of the Terms and Conditions.
  2. The Terms and Conditions define the rules and conditions for using the Store, as well as the rights and obligations of the Seller and the Buyer.
  3. The Seller’s contact details enabling the Buyer to contact the Seller:
  1. address: A-Sense sp. z o.o., Przemysłowa 46, 24-320 Poniatowa, Poland
  2. phone number: + 48 532 870 666
  3. email address: kontakt@a-sense.pl,
  4. contact form: www.a-sense.pl/formularz-kontaktowy.html
  1. To use the Store, you need a device that allows you to browse websites, a keyboard or other device that allows you to correctly fill out electronic forms, and an active email address.
  2. The buyer may browse the contents of the Store without providing personal data, but may not make a purchase anonymously or under a pseudonym.
  3. It is prohibited for the Buyer to provide illegal content, in particular by sending such content via forms available in the Store.
  4. All prices listed in the Store are gross prices (including VAT) and are expressed in Polish zlotys. Any exceptions to the Polish currency rule are clearly marked.
  5. The prices listed on the Store’s website, as well as the descriptions of the goods, constitute only commercial information and not an offer within the meaning of the Civil Code. They become binding for the purposes of concluding a specific contract only upon confirmation of the order by the Seller.

§ 3 [Services provided electronically]

  1. Through the Store, the Seller provides the Buyer with an electronic service consisting in enabling the Buyer to view the publicly available content of the Store, which consists of text, graphic, and audiovisual content.
  2. The Seller also provides the Buyer with an electronic service consisting in enabling the Buyer to conclude a contract with the Seller for the sale of products described on the Store’s website.
  3. If the Buyer decides to create an account in the Store, the Seller also provides the Buyer with an electronic service consisting in creating and maintaining an account in the Store. The account stores the Buyer’s data and the history of orders placed by them in the Store. The Buyer logs into their account using their email address and a password they have defined.
  4. An account in the Store is created by filling in the appropriate form on the Store’s website during the ordering process. The Buyer may delete their account at any time from the account management panel or by sending a request to the Seller. Deleting the account will not delete information about orders placed using the account, which the Seller will store until the expiry of the limitation period for claims under the contract concluded through the Store.
  5. If the Buyer decides to subscribe to the Newsletter, the Seller also provides the Buyer with an electronic service consisting in sending the Buyer e-mails containing information about new products, promotions, services, and products related to the Store. You can subscribe to the Newsletter by completing and submitting the Newsletter subscription form and ticking the appropriate box during the ordering process. The Buyer may unsubscribe from the Newsletter at any time by clicking on the unsubscribe button visible in each message sent as part of the Newsletter or by sending a relevant request to the Seller.
  6. The services referred to above are provided to the Buyer free of charge. However, sales contracts concluded through the Store are subject to a fee.
  7. In order to ensure the Buyer’s security and the transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the level of security risk of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
  8. The Seller takes measures to ensure the fully correct functioning of the Store. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Store.

§ 4 [Intellectual property rights]

  1. The Seller hereby informs the Buyer that the content available on the Store’s website constitutes works within the meaning of the Act of February 4, 1994, on copyright and related rights, to which the Seller holds the copyright.
  2. The Seller hereby informs the Buyer that further distribution of the content by the Buyer without the Seller’s consent, except for the use of the content within the scope of permitted personal use, constitutes a violation of the Seller’s copyright and may result in civil or criminal liability.

§ 5 [Order]

  1. KThe Buyer may place an order only as a registered customer.
  2. A registered customer is a Buyer who has a user account with the status of a Business Customer in the Store. The Buyer must create a user account before starting the ordering process.
  3. Registration can only be performed by a person authorized to represent the company whose details are provided in the registration form. The details in the identity document sent for verification must match the details contained in the Company Registration Documents.
  4. Registration on the basis of a power of attorney is permitted. In this case, a scan or photo of the identity document of the authorized person and a scan of the power of attorney signed by the person authorized to represent the Company should be sent for verification.
  5. Submission of the registration form by the Buyer is tantamount to consenting to the Seller verifying the Buyer’s Business Customer status. The Seller shall verify the Buyer’s Business Customer status on the basis of data publicly available in the relevant public registers, i.e. the Central Register and Information on Economic Activity or the National Court Register. The Seller shall confirm the identity of the person registering the account with Business Customer status in order to verify the right to represent the entity for which the registration was made. The Seller shall verify the Buyer’s identity on the basis of a scanned copy or photograph of an identity card or other document confirming identity. After sending the registration form by e-mail, the Buyer will receive an e-mail in response to which they will send a scan or photo of their identity document with sensitive data hidden. Only the Buyer’s first and last name and date of birth should be visible on the scanned or photographed document. The Seller will inform the Buyer of the results of the verification by email within 10 business days of receiving the Buyer’s request. Each Buyer who has been positively verified by the Seller as part of the above procedure has the status of a Business Customer. The Business Customer shall notify the Seller of any cessation or suspension of business activity, and such notification shall be made prior to placing another order in the Store.
  6. Placing an order is done by filling out the order form after adding the products of interest to the Buyer to the shopping cart. The form requires the Buyer to provide the data necessary to complete the order. When placing an order, the Buyer also selects the delivery method for the ordered products and the payment method for the order. The condition for placing an order is acceptance of the Terms and Conditions, which the Buyer should read beforehand. If the Buyer has any doubts regarding the Terms and Conditions, they should contact the Seller.
  7. The ordering process is completed by clicking on the “Confirm purchase” button, which finalizes the order. Clicking on the button finalizing the order constitutes:
  1. the Buyer’s declaration of intent leading to the conclusion of a contract with the Seller for the sale of the products covered by the order,
  2. the Buyer’s obligation to use each product covered by the order in accordance with its intended purpose as specified in the product description on the Store’s website.
  1. If the Buyer has chosen online payment, after clicking the button finalizing the order, they will be redirected to a payment gateway operated by an external payment operator in order to pay for the order. If the Buyer has chosen to pay by bank transfer, after clicking on the button finalizing the order, they will be redirected to the Store’s website with instructions on how to make the payment. Payment for the order should be made within 3 business days of concluding the contract.
  2. The Buyer has the option to modify the order placed. In order to make changes, the Buyer must contact the Seller, who will confirm whether it is possible to make modifications at the current stage of order fulfillment. If the change is possible, the Seller will inform the Buyer and indicate whether it entails changes in price, delivery time, or other aspects important to the Buyer. If it is not possible to make changes or the Buyer does not accept the effects of the change, the Buyer has the right to cancel the order, provided that it has not yet been fulfilled.

§ 6 [Delivery methods and payment methods]

  1. The available delivery methods are described on the Store’s website and presented to the Buyer at the time of placing the order.
  2. The available payment methods are described on the Store’s website and presented to the Buyer at the time of placing the order.
  3. The cost of delivery is borne by the Buyer, unless the Seller indicates otherwise.
  4. The delivery address must match the details contained in the Company’s Registration Documents.
  5. The Seller has the right to divide the order into several separate shipments without incurring additional costs for the Buyer.
  6. The payment operator is PayU SA with its registered office in Poznań, 60-166 Poznań, at ul. Grunwaldzka 186, a national payment institution supervised by the Polish Financial Supervision Authority, entered in the Register of Payment Services under number IP1/ 2012, entered in the register of entrepreneurs kept by the District Court in Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000274399, with tax identification number NIP: 779-23-08-495, REGON 300523444.
  7. The invoice documenting the sale will be delivered to the Buyer electronically, provided that the appropriate consent is given during the purchase process. Otherwise, it will be delivered with the shipment.

§ 7 [Order fulfillment]

  1. Order fulfillment consists of completing the ordered products, packaging them for delivery to the Buyer, and sending the shipment to the Buyer in accordance with the form of delivery selected by the Buyer.
  2. The order is considered fulfilled at the moment of sending the shipment to the Buyer (entrusting the shipment to a carrier engaged in transport).
  3. The order fulfillment time is always indicated for each product. The ordered products should be delivered to the Consumer within 30 days, unless a longer period has been clearly indicated by the Seller in the product description. In such a situation, by placing an order, the Buyer agrees to a longer order fulfillment period resulting from the product description.
  4. If the Buyer has ordered products with different delivery times, the binding delivery time for the Seller is the longest of all products included in the order, but the Seller may propose dividing the order into several independent shipments in order to speed up the delivery time for some of the products.

§ 8 [Prohibited conduct]

  1. The Buyer is obliged to use the Store in a manner consistent with the law, good manners, and the Terms and Conditions. In particular, it is prohibited to:
  • sending illegal content via forms available in the Store, in particular offensive, racist, discriminatory, inciting aggression or hatred, sexist, pornographic content,
  • using the Store in a manner that is burdensome for other users or the Seller,
  • taking any action to disrupt the proper functioning of the Store, in particular through the use of malicious software,
  • using the content available in the Store beyond the limits of permitted personal use, in particular distributing this content outside the Store,
  • sharing user account access data with other people.
  • In the event of unauthorized use of the Store, the Seller may terminate the user account agreement with immediate effect by sending relevant information to the email address assigned to the user account and block the User’s access to the user account.

§ 9 [Liability for defects. Complaints.]

  1. If the Buyer does not conclude a contract with the Seller as a Consumer, they accept that the Seller’s warranty for defects in the sold item is excluded.
  2. Upon receiving the shipment, the Buyer is obliged to acknowledge its receipt in the presence of the courier, noting that the shipment was delivered undamaged or that the shipment shows signs of damage, with a description of such damage.
  3. Differences between the appearance of the goods presented on the Store’s website and the appearance of the goods delivered to the Buyer, resulting from changes in the graphic design of the packaging, do not constitute grounds for a complaint about the purchased goods.
  4. The Seller shall respond to the complaint submitted by the Buyer within 14 days of receiving the complaint by means of the same method of communication used to submit the complaint.

§ 10 [Hazardous substances]

  1. The Seller informs the Buyer that the products offered through the Store, due to their intended use, may contain hazardous substances, as well as mixtures or solutions of these substances, in particular substances or mixtures within the meaning of Article 2(2) 31 of the Act of February 25, 2011, on chemical substances and their mixtures (Journal of Laws No. 63, item 322, as amended).
  2. The Buyer who purchases a product containing hazardous substances referred to in paragraph 1 above through the Store declares that:
    • they have the knowledge, experience, and equipment necessary to handle hazardous substances contained in products purchased in the Store,
    • is aware of the risks associated with handling hazardous substances.
  3. The Seller shall not be liable for the use of hazardous substances contrary to their intended purpose or for damage to health and life resulting from improper storage or processing of hazardous substances.

§ 11 [Personal data and cookies]

  1. The Seller is the administrator of the Buyer’s personal data.
  2. Placing an order in the Store is tantamount to consenting to the storage and processing by the Seller of personal data contained in the order, in accordance with applicable regulations.
  3. The Buyer’s personal data is processed for the following purposes and on the following legal bases:
    • conclusion and performance of a user account agreement – Article 6(1)(b) of the GDPR,
    • conclusion and performance of a sales agreement – Article 6(1)(b) of the GDPR,
    • fulfillment of tax and accounting obligations – Article 6(1)(c) of the GDPR,
    • defense, investigation, or determination of claims related to the agreement, which is a legitimate interest pursued by the Seller – Article 6(1)(f) of the GDPR,
    • creation of an archive for the purposes of possible defense, determination, or investigation of claims – Article 6(1)(f) of the GDPR,
    • handling inquiries from Buyers that do not yet lead to the conclusion of a contract, which is a legitimate interest pursued by the Seller – Article 6(1)(f) of the GDPR,
    • sending a newsletter, after prior consent has been given – Article 6(1)(a) of the GDPR.
  4. The following entities may participate in the processing of personal data as processors: hosting providers, software providers in which personal data is processed (e.g., mailing system, invoicing system, CRM system), subcontractors who obtain access to personal data in connection with the performance of their duties or services entrusted to them. All processors are bound to the Seller by personal data processing agreements and guarantee an adequate level of personal data protection.
  5. Personal data may be transferred to courier companies for the purpose of delivering orders and to law firms for the purpose of providing legal assistance to the Seller, if such assistance requires access to personal data. In addition, personal data may be transferred to tax offices to the extent necessary to fulfill tax, accounting, and bookkeeping obligations, as well as to entities, authorities, or institutions authorized to access data on the basis of legal provisions, such as police, security services, courts, and prosecutors’ offices.
  6. The User’s personal data is deleted after the expiry of the limitation period specified in the agreement concluded with the controller, with the exception of data contained in accounting records, which is stored for the period required by law, and with the exception of data contained in the mailing system, which is stored for the entire period of operation of the Newsletter in order to be able to prove the moment of subscription to the Newsletter and the moment of unsubscribing from the Newsletter, which constitutes a legitimate interest of the administrator referred to in Article 6(1)(f) of the GDPR.
  7. The Buyer’s rights related to the processing of personal data: the right to request the Seller to access personal data, rectify it, delete it, restrict its processing, the right to object to its processing, the right to transfer data, the right to withdraw consent to the processing of personal data, the right to lodge a complaint with the President of the Personal Data Protection Office.
  8. Providing personal data by the Buyer is voluntary, but necessary to contact the Seller, conclude a contract, or subscribe to the Newsletter.
  9. The Store uses cookie technology. First-party cookies are used for the proper functioning of the Store and for statistical purposes related to determining the Buyer’s location. Third-party cookies are related to the Administrator’s use of Google Analytics.
  10. Details related to personal data and cookies are described at www.a-sense.pl/polityka-prywatnosci.html and www.a-sense.pl/rodo.html.

§ 12 [Final provisions]

  1. The Seller reserves the right to introduce and withdraw offers and promotions, and to change product prices on the Store’s website without prejudice to the rights acquired by the Buyer, including in particular the terms and conditions of contracts concluded before the change was made.
  2. The Seller shall not be liable for any damage or harm resulting from the malfunctioning of the server on which the Store’s online platform is located; this applies in particular to the effects of errors in the operation of websites, lack of access to them, and other failures, damage, or disruptions in the functioning of Internet services.
  3. The Seller reserves the right to make changes to the Terms and Conditions. Sales agreements concluded before the change to the Terms and Conditions are subject to the Terms and Conditions in force on the date of conclusion of the agreement. Buyers who have a user account in the Store will be informed of any changes to the Terms and Conditions at the email address assigned to the user account. If the Buyer does not accept the amended Terms and Conditions, they may terminate the user account agreement with immediate effect (delete the user account) without incurring any costs.
  4. The law applicable to sales contracts concluded through the Store is Polish law. However, the choice of foreign law does not deprive the Consumer of their rights under the mandatory provisions of the law of their country of permanent residence.
  5. Any disputes related to contracts concluded through the Store shall be settled by a Polish common court having jurisdiction over the place of permanent business activity of the Seller. This provision does not apply to Consumers for whom jurisdiction is determined on general principles. Starting from January 1, 2021, this provision shall also not apply to a natural person who concludes a contract with the Seller directly related to their business activity, if the content of the contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity – in the case of such a person, the jurisdiction of the court is determined on the basis of general principles.