Terms and conditions

Terms and conditions of the A-Sense online shop

§ 1 [Definitions]

The following terms shall have the following meaning in these Terms and Conditions:

“Business Customer” means a Buyer who is engaged in business activity and the circumstance of being engaged in business activity has been verified and confirmed by the Seller in accordance with § 5(3) of the Regulations,

“Buyer” – a natural person with full legal capacity, a legal person or an organisational unit without legal personality using the Shop,

“RODO” – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation),

“Shop” – online shop 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, based in Świdnik, VI Economic Department of the National Court Register, under the KRS number 0000313617, having NIP 9512271586 and REGON 141657021, with share capital: PLN 50,000.00, fully paid up,

“Regulations” – these Regulations, available at www.a-sense.pl/regulamin-sklepu.html.

§ 2 [General provisions].

Via the Shop, the Seller conducts sales of products described on the Shop’s websites, while providing electronic services to the Buyer in accordance with § 3 of the Regulations.
The Terms and Conditions define the rules and conditions of using the Store, as well as the rights and obligations of the Seller and the Buyer.
The Seller’s contact details enabling the Buyer to contact the Seller:

postal address: A-Sense sp. z o.o., Przemysłowa 46, 24-320 Poniatowa
telephone number: + 48 532 870 666
e-mail address: kontakt@a-sense.pl,
contact form: www.a-sense.pl/formularz-kontaktowy.html.

In order to use the Shop, it is necessary to have a device enabling webpage browsing, a keyboard or other device enabling correct filling in of electronic forms, as well as to have an active e-mail address.
The Buyer can browse the contents of the Shop without providing personal data, but cannot make a purchase anonymously or under a pseudonym.
It is forbidden for the Buyer to provide unlawful content, in particular by sending such content within the forms available in the Shop.
All prices given in the Shop are gross prices (including VAT) and are expressed in Polish zloty. Deviations from the Polish currency principle are clearly marked.
Prices shown on the Shop website as well as descriptions of goods constitute only commercial information and not an offer within the meaning of the Civil Code. They become binding – for the purpose of concluding a specific contract – only upon confirmation of acceptance of an order for processing by the Seller.

§ 3 [Services provided electronically].

Via the Shop, the Seller shall provide the Buyer with electronic services consisting of ensuring the possibility of browsing the publicly available content of the Shop, which includes text, graphic and audio-visual content.
The Seller also provides the Buyer with an electronic service which consists in enabling the Buyer to conclude a sales agreement with the Seller for the products described on the Shop’s pages.
If the Buyer decides to set up an account in the Shop, the Seller also provides the Buyer with an electronic service consisting of setting up and maintaining an account in the Shop. The account stores the Buyer’s data and the history of orders placed by the Buyer in the Shop. The Buyer logs into the account using his e-mail address and a password defined by him.
Setting up an account in the Store is done by filling in the appropriate form on the Store’s website during the ordering process. The Buyer may delete the account at any time from the account management panel or by sending an appropriate request to the Seller. Deleting the account does not delete the information about orders placed using the account, which will be stored by the Seller until the expiry of the statute of limitations for claims under a contract concluded through the Store.
If the Buyer decides to subscribe to a Newsletter, the Seller also provides the Buyer with an electronic service which consists of sending the Buyer e-mails containing information about new products, promotions, services and products related to the Shop. Subscription to the Newsletter is possible by completing and submitting a Newsletter subscription form and ticking the appropriate box in the process of order placement. The Buyer may at any time resign from receiving the Newsletter by clicking on the resignation button visible in each message sent within the Newsletter or by sending an appropriate request to the Seller.
The aforementioned services are provided to the Buyer free of charge. However, sales agreements concluded through the Shop are chargeable.
In order to ensure the safety of the Buyer and the transmission of data in connection with the use of the Shop, the Seller undertakes technical and organisational measures appropriate to the level of security risk of the services provided, in particular measures to prevent acquisition and modification of personal data by unauthorised persons.
The Seller takes measures to ensure the fully correct functioning of the Shop. The Purchaser should inform the Seller about any irregularities or interruptions in the functioning of the Shop.

§ 4 [Intellectual Property Rights].

The Seller hereby informs the Buyer that the content available at the Shop’s website constitutes works within the meaning of the Act of 4 February 1994 on copyright and related rights, to which the Seller holds the copyright.
The Seller hereby informs the Buyer that further dissemination of the content by the Buyer without the Seller’s consent, except for the use of the content within the framework of permitted personal use, shall constitute an infringement of the copyright vested in the Seller and may result in civil or criminal liability.

§ 5 [Order].

The Buyer may only place an order as a registered customer.
A registered customer is a Buyer who has a user account with the status of Business Customer in the Shop. The Buyer must set up a user account before starting the ordering process.
Registration can only be carried out by an authorised person whose details are provided in the registration form. The data in the identity document sent for verification purposes must correspond with the data in the Company’s Registration Documents.
It is permissible to register on the basis of a power of attorney. In this case, a scan or a photo of the identity document of the authorised person and a scan of the power of attorney signed by the person authorised to represent the Company should be sent for verification.
By submitting the registration form, the Buyer agrees to the Seller’s verification of the Buyer’s status as a Business Customer. The Seller shall verify the Buyer’s status of a Business Customer on the basis of data generally available in relevant public registers, i.e. the Central Register of Business Activity and Information or the National Court Register. The Seller will confirm the identity of the person registering an account with the status of a Business Customer in order to verify the right to represent the entity for which the registration has been made. The Seller will verify the conformity of the Buyer’s identity on the basis of a scan or photo of an identity card or other document confirming identity. After submitting the registration form via e-mail, the Buyer will receive an e-mail message in reply to which he will send a scan or a photo of an identity document with concealed sensitive data. Only the Buyer’s first and last name and the Buyer’s date of birth should be visible on the uploaded scan or photo of the document. The Seller will inform the Buyer of the results of the verification by email within 10 working days of receiving the Buyer’s request. Any Buyer who has been positively verified by the Seller under the aforementioned procedure has the status of a Business Customer. A Business Customer shall notify the Seller of any cessation or suspension of his/her business activity, and this notification should be made before placing another order in the Shop.
Placing an order is done by filling in the order form after adding the products of interest to the Buyer to the basket. In the form, it is necessary to provide data necessary for the fulfilment of the order. At the stage of placing the order, the Buyer also chooses the method of delivery of the ordered products and the method of payment for the order. Placing an order is conditional on accepting the Terms and Conditions, which the Buyer should read beforehand. In case of any doubts concerning the Terms and Conditions, the Buyer should contact the Seller.
The process of placing the order is completed by clicking on the “I confirm purchase” button finalising the order. Clicking on the button finalizing the order constitutes:

a declaration of intent by the Buyer leading to the conclusion of a contract of sale with the Seller for the products included in the order,
a commitment of the Buyer to use each product included in the order according to its intended use specified in the product description on the website of the Store.

If the Buyer has chosen online payment, after clicking on the button to finalise the order, he will be redirected to a payment gateway operated by an external payment operator to make payment for the order. If the Buyer has chosen to pay by bank transfer, after clicking on the button finalising the order he will be redirected to the Shop page with instructions on how to make the payment. Payment for the order should be made within 3 working days from the conclusion of the contract.
The Buyer has the possibility to modify the order placed. In order to make changes, the Buyer must contact the Seller, who will confirm whether it is still possible to make the modification due to the stage of the order. If the modification is possible, the Seller shall inform the Buyer and indicate whether this entails changes in price, delivery time or other aspects important for the Buyer. If modification is not possible or the Buyer does not accept the consequences of the modification, the Buyer shall have the right to cancel the order, provided that the order has not yet been fulfilled.

§ 6 [Delivery methods and payment methods].

The methods of delivery of an order available for selection are described on the pages of the Shop and presented to the Buyer at the stage of placing the order.
The available methods of payment for an order are described on the pages of the Shop and presented to the Buyer at the stage of placing the order.
The cost of delivery of an order is borne by the Buyer, unless the Seller indicates otherwise.
The address to which the delivery will be made must be in accordance with the data contained in the Company Registration Documents.
The Seller has the right to decide to split the order into several separate shipments without incurring additional costs for the Buyer.
The payment operator is PayU SA with its registered office in Poznań, 60-166 Poznań, at 186 Grunwaldzka Street, a domestic payment institution, supervised by the Polish Financial Supervision Authority, entered in the Register of Payment Services under no. IP1/2012, entered in the Register of Entrepreneurs kept by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, 8th Economic Department of the National Court Register under no. KRS 0000274399, holding tax identification number NIP: 779-23-08-495, REGON 300523444.
The invoice documenting the sale will be delivered to the Buyer electronically, provided that the relevant consent is given during the purchase process. Otherwise, it will be delivered with the shipment.

§ 7 [Order completion].

The fulfilment of an order consists in the completion of the ordered products, their packaging for delivery to the Buyer and the dispatch of the consignment to the Buyer in accordance with the form of order delivery chosen by the Buyer.
An order is considered to be fulfilled as soon as the consignment is dispatched to the Buyer (the consignment is entrusted to a carrier offering transport).
The order lead time is always indicated next to each product. Ordered products should be delivered to the Consumer within 30 days, unless a longer period is explicitly indicated by the Seller in the product description. In such a situation, by placing an order, the Buyer agrees to a longer lead time resulting from the product description.
If the Purchaser has ordered products with different lead times, the Seller shall be bound by the longest lead time of all products included in the order, however, the Seller may propose to divide the order into several independent shipments to accelerate the lead time for some products.

§ 8 [Unauthorised Behaviour].

The Buyer is obliged to use the Shop in a manner compliant with the law, good practices and the Terms and Conditions. In particular, it is not allowed to:

to send, through the forms available in the Shop, unlawful content, in particular offensive, racist, discriminatory, inciting aggression or hatred, sexist, pornographic content,
using the Shop in a way that is disruptive to other users or the Seller,
taking any action aimed at disturbing the proper functioning of the Shop, in particular through the use of malicious software,
using the content available in the Shop in a way that exceeds the limits of permitted personal use, in particular distributing this content outside the Shop,
making user account access data available to other persons.
In the case of unauthorised use of the Shop, the Seller may terminate the contract for maintaining a user account with immediate effect by sending the relevant information to the e-mail address assigned to the user account and block the user’s access to the user account.

§ 9 [Liability for Defects; Complaints].

If the Buyer does not conclude a contract with the Seller as a Consumer, he accepts that the Seller’s warranty for defects of the sold thing is excluded.
The Buyer is obliged to sign for the delivery in the presence of the courier with a note that the delivery has been delivered undamaged or that the delivery bears traces of damage with a description of the damage.
Differences between the appearance of the goods presented on the website of the Store and the appearance of the goods delivered to the Purchaser resulting from changes in the graphic form of the packaging shall not constitute grounds for a complaint about the purchased goods.
The Seller shall respond to a complaint submitted by the Purchaser within 14 days from the date of delivery of the complaint by such means of communication as was used to submit the complaint.

§ 10 [Dangerous substances]

The Seller shall inform the Buyer that the products offered through the Shop, due to their intended use, may contain hazardous substances, as well as mixtures or solutions of such substances, in particular substances or mixtures within the meaning of Art. 2 pt. 31 of the Act of 25 February 2011 on chemical substances and their mixtures (Journal of Laws No. 63, item 322, as amended).
The Buyer, who purchases a product containing hazardous substances referred to in section 1 above through the Shop, declares that:
he has the knowledge and experience as well as the equipment necessary to deal with hazardous substances contained in products purchased from the Shop,
is aware of the risks involved in handling hazardous substances.
- The Seller shall not be liable for any use of hazardous substances other than for their intended purpose or for damage to health and life resulting from improper storage or processing of hazardous substances.

§ 11 [Personal Data and Cookies]

The administrator of the Buyer’s personal data is the Seller.
By placing an order in the Shop, the Buyer agrees that the Seller may store and process his/her personal data included in the order, in accordance with applicable regulations.
The Buyer’s personal data is processed for the following purposes and based on the following legal grounds:

conclusion and performance of the user account agreement – Art. 6(1)(b) RODO,
conclusion and performance of the sales contract – Article 6(1)(b) RODO,
fulfilment of tax and accounting obligations – article 6(1)(c) RODO,
defence, investigation or establishment of claims related to the contract, which is a legitimate interest pursued by the Seller – article 6(1)(f) RODO,
the creation of an archive for the possible need to defend, establish or assert claims – article 6(1)(f) RODO,
handling enquiries from Buyers not yet leading to the conclusion of a contract, which is a legitimate interest pursued by the Seller – article 6(1)(f) RODO,
the sending of the Newsletter, following previously expressed consent – art. 6(1)(a) RODO.

The following may be involved as processors in the processing of personal data: the hosting provider, providers of software in which personal data is processed (e.g. mailing system, invoicing system, CRM system), subcontractors accessing personal data in connection with the performance of their duties or services commissioned to them. All processors are bound to the Seller by personal data processing entrustment agreements and guarantee an adequate level of personal data protection.
Personal data may be transferred to courier companies for the delivery of orders and to law firms for the provision of legal assistance to the Vendor, if such assistance requires access to personal data. In addition, personal data may be transferred to tax offices to the extent necessary for the fulfilment of tax and accounting obligations and to entities, authorities or institutions entitled to access the data on the basis of legal provisions, such as police services, security services, courts, prosecutor’s offices.
The User’s personal data are deleted after the expiry of the limitation period from the contract concluded with the administrator, with the exception of the data contained in the accounting documentation, which are stored for the period required by law, and with the exception of the data contained in the mailing system, which are stored for the entire period of the Newsletter’s operation in order to ensure the possibility of showing the moment of signing up to the Newsletter and the moment of unsubscribing from the Newsletter, which constitutes the legitimate interest of the administrator referred to in Article 6(1)(f) RODO.
The Buyer’s rights related to the processing of personal data: the right to request from the Seller access to personal data, their rectification, deletion, restriction of processing, the right to object to processing, the right to data portability, the right to withdraw consent to personal data processing, the right to lodge a complaint to the President of the Office for Personal Data Protection.
The provision of personal data by the Buyer is voluntary but necessary to contact the Seller, conclude a contract or subscribe to the Newsletter.
The shop uses cookie technology. The Shop’s own cookie files are used for the proper functioning of the Shop and for statistical purposes connected with determining the Buyer’s location. Third-party cookies are linked to the Administrator’s use of Google Analytics.
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].

The Seller reserves the right to introduce and cancel offers, promotions and to change product prices on the pages of the Shop without prejudice to the rights acquired by the Buyer, including in particular the terms of agreements concluded before the change.
The Seller is not liable for damage and harm resulting from the malfunction of the server on which the Store’s Internet platform is placed; this applies, in particular, to the effects of errors in the operation of websites, lack of access to them and other failures, damage or disruption in the operation of Internet services.
The Seller reserves the right to amend the Terms and Conditions. Sales agreements concluded before the amendments to the Terms and Conditions shall be governed by the Terms and Conditions in force on the date of conclusion of the agreement. The Buyer, who has a user account in the Shop, will be informed of each change to the Terms and Conditions to the e-mail address assigned to the user account. In the case of non-acceptance of the amended Rules, the Buyer may terminate the user account agreement with immediate effect (delete the user account) without incurring any costs.
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 his/her rights under the mandatory provisions of the law of the country of his/her permanent residence.
Any disputes related to contracts concluded through the Shop shall be settled by a Polish common court having jurisdiction over the Seller’s place of permanent residence. This provision does not apply to Consumers, in the case of whom jurisdiction is considered under general rules. Starting from 1 January 2021, this provision also does not apply to a natural person concluding a contract with the Seller directly related to his/her business activity, if it follows from the content of this contract that it does not have a professional character for this person, in particular resulting from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity – in the case of such a person, the jurisdiction of the court is considered on general principles.