Term of service
There are two ways to conclude a contract between Buyer and Seller.
The buyer has the right to negotiate any provisions of the contract with the seller before placing an order, including those changing the provisions of the following regulations. Negotiations should be conducted in writing and addressed to the Seller's address (STELLANTECH, Sacharowa 87/121, 92-518 Łódź).
If the Buyer resigns from the possibility of concluding a contract through individual negotiations, the following regulations and relevant legal provisions shall apply.
The administrator of the data provided by the Buyer is STELLANTECH Details on data processing are available in the privacy policy (click to read the privacy policy).
REGULATIONS
§1 Definitions
- Postal address - name and surname or name of the institution, location in the city (in the case of a city divided into streets: street, building number, apartment or flat number; in the case of a city not divided into streets : city name and property number), postal code and city.
- Complaint address:
STELLANTECH
Sacharowa 87/121,
92-518 Łódź - Delivery - type of transport service, specifying the carrier and cost. The service is provided on the terms set out in the carrier's regulations.
- Proof of purchase - invoice, bill or receipt issued in accordance with the Value Added Tax Act of March 11, 2004, as amended, and other applicable laws.
- Product card – a single shop subpage containing information about a single product.
- Customer - an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller related to directly related to its business or professional activity.
- Civil Code - the Civil Code Act of April 23, 1964, as amended.
- Code of Good Practices - a set of rules of conduct, in particular ethical and professional standards referred to in Article 2 point 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
- Consumer - an adult natural person with full legal capacity, making a purchase from Seller not directly related to her business or professional activity.
- Cart - a list of products made of the products offered in the shop based on Buyer's choices.
- Buyer - both Consumer and Customer.
- Place of delivery – postal address or collection point indicated in order by Buyer strong>.
- The moment of handing over the item - the moment when the Buyer or a third party indicated by him for collection takes possession of the item.
- Payment - payment method for subject of the contract and delivery
- Consumer law - the act on consumer rights of 30 May 2014.
- Product – the minimum and indivisible quantity of items that may be the subject of order and which is specified in the Seller's shop as a unit of measure when determining its price (price/unit).
- Subject of the contract - products and delivery being the subject of the agreement.
- Subject of the service – Subject of the contract.
- Pick-up point - the place of delivery of the item that is not a postal address, listed in the list provided by Seller in the store.
- Item - a movable item that may be or is the subject of the agreement.
- license means a virtual currency that is accepted as a form of payment on the Portal.
- Shop - a website available at https://stellacan.com/, through which Buyer can place order.
- Seller:
STELLANTECH
Sacharowa 87/121,
92-518 Łódź
NIP: 7282475188, REGON: 525210001. - System - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network, commonly referred to as the Internet.
- Execution date - the number of hours or working days specified on the product card.
- Agreement - a contract concluded outside the business premises or remotely within the meaning of the Act on Consumer Rights of May 30, 2014 in the case of Consumers and a sales contract within the meaning of Art. 535 of the Civil Code Act of April 23, 1964 in the case of Buyers.
- Defect - both physical and legal defects.
- Physical defect - non-compliance of the item sold with the contract, in particular if the item:
- does not have properties that this type of item should have due to the purpose in specified in the contract or resulting from circumstances or intended use;
does not have properties that Seller assured Consumer, - is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller has not raised any objections to such a purpose;
- was Consumer delivered incomplete;
- in the event of its incorrect installation and activation, if these activities were performed by the Seller or a third party for whom Seller is responsible, or by Consumer who followed the instructions received from Seller;
- it does not have the properties that the manufacturer or his representative or the person who places the item on the market in the scope of his business activity assured, and the person who, by placing his name, trademark or other distinctive sign on the sold item, presents himself as the manufacturer unless the Seller did not know these assurances or, judging reasonably, could not know them, or they could not affect Consumer's decision to conclude the contract, or when their content has been rectified prior to the conclusion of the agreement.
- does not have properties that this type of item should have due to the purpose in specified in the contract or resulting from circumstances or intended use;
- Legal defect - a situation when the sold item is owned by a third party or is encumbered with the right of a third party, and if the restriction on the use or disposal of the item results from a decision or judgment of a competent authority.
- Order - Buyer's declaration of intent submitted via shop clearly specifying: type and quantity of products; type of delivery; type of payment; place of delivery, details of Buyer and aiming directly at concluding contract between Buyer and Seller.
§2 General Conditions
- Agreement is concluded in Polish, in accordance with Polish law and these regulations.
- The place of delivery must be within the territory of the Republic of Poland.
- Seller is obliged and undertakes to provide services and deliver items free from defects.
- All prices quoted by Seller are expressed in Polish currency and are gross prices (including VAT). Prices of products do not include the cost of delivery which is specified in the delivery price list.
- All deadlines are calculated in accordance with art. 111 of the Civil Code, i.e. the period marked in days ends with the end of the last day, and if the beginning of the period marked in days is a certain event, the day on which the event occurred is not taken into account when calculating the date.
- Confirmation, disclosure, recording, securing of all relevant provisions of the agreement in order to gain access to this information in the future takes place in the form of: order confirmation by sending to the indicated e-mail address:
- order confirmation, pro forma invoice (at the Buyer's request), information on the right to withdraw from the contract, these regulations in pdf version, model withdrawal form in pdf version, linksto download the regulations and the template of withdrawal from the contract on their own;
- attaching to the completed order, sent to the indicated place of delivery printed: proof of purchase in the form of a receipt or invoice, information on the right to withdraw from the contract, these regulations, the model withdrawal form. if Buyer selects proof of purchase in the form of an invoice, Buyer agrees to receive invoices without signature, in electronic form to the e-mail address indicated by Buyer- e-mail.
- Seller does not charge any fees for communication with him using means of distance communication, and Buyer will bear its costs in the amount resulting from the contract concluded with a third party providing a specific service enabling distance communication.
- Seller provides the Buyer using the system that the shop works correctly in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution above 1024 px. The use of third-party software affecting the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, therefore, in order to obtain full functionality of the store stellacan.com, disable them all.
- Buyers may use the option of saving their data by shop in order to facilitate the process of placing another order. For this purpose, the Buyer should provide a login and password necessary to access their account. The login and password are a string of characters set by the Buyer, who is obliged to keep them secret and protect against unauthorized access by third parties. The Buyer has the option of viewing, correcting, updating data and deleting the account in the shop at any time.
- Seller adheres to the code of good practice.
- The Buyer is obliged to:
- not to deliver or transfer content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of persons third parties,
- use the store in a way that does not interfere with its functioning, in particular by using specific software or devices,
- not taking actions such as: sending or posting unsolicited commercial information (spam) as part of the store,
- use the store in a way that is not inconvenient for other Buyers and for the Seller,
- use any content posted in the store only for your own personal use,
- use the 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 rules of netiquette.
- licenses can be purchased using payment systems operated on the Portal.
- The purchase of licenses is voluntary and is not required to use the Portal and the application
- licenses are credited to the user's account after payment.
- license Redemption:
- licenses can be used on the Portal and in the application to activate services and access to software functionalities.
- licenses have no face value and are not redeemable for cash.
- Any license transactions are final and non-refundable.
- licenses are only a form of activation of services on the Portal and in the application, and cannot be used for other purposes.
- licenses may not be transferred or sold to others.
- User cannot transact with licenses if there are not enough licenses in their account.
- The portal is not responsible for any damages resulting from the use of licenses.
- The user is responsible for the use of the licenses in accordance with these terms and conditions.
- You are responsible for any violations of copyright and other regulations regarding the use of licenses.
- Licenses are not related to the handling of electronic money, in particular such as cryptocurrencies and related services and products
§3 Conclusion of the contract and implementation
- Orders can be placed 24 hours a day.
- In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:
- adding a product to basket;
- choose the type of delivery;
- choose the type of payment;
- Payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro
- Cash payment
- BLIK
- Online transfers
- choose where to deliver items;
- placing an order in the store by using the "Buy and pay" button.
- Conclusion of contract with Consumer takes place at the moment of placing order.
- Execution of the order Consumer payable on delivery takes place immediately, and the order payable by bank transfer or via the electronic payment system after the Consumer's payment is credited on Seller's account, which should take place within 30 days of placing the order, unless the Consumer was unable to fulfill the through no fault of his own and informed Seller.
- Conclusion of contract with Customer takes place upon acceptance of order by Seller, of which informs Customer within 48 hours of placing the order.
- Execution of Customer's order payable on delivery takes place immediately after the conclusion of the agreement, and orders payable by bank transfer or via the electronic payment system after the conclusion of the agreement and posting the payment Client in Seller's account.
- Execution of the Client's order may depend on the payment of all or part of the order value or obtaining a trade credit limit of at least the value of order or consent Seller to send order COD (payable on delivery).
- The subject of the contract is sent within the time limit specified on the product card, and for orders composed of many products in the longest period specified on the product sheets. The time limit begins with the conclusion of the contract.
- The purchased subject of the contract is together with the sales document selected by the Buyer sent with the Buyer type of delivery to the indicated by the Buyer in the order for the place of delivery.
- After the shipment of the purchased goods, the Store, as part of the performance of the contract with Buyer, may (if consent has been given) send Buyer to the e-mail address an invitation to complete the survey in order to examining his opinion on the transaction. Buyer is entitled, but not obliged to complete it.
§4 Right of withdrawal
- Consumer is entitled pursuant to art. 27 of the Consumer Law, the right to withdraw from a distance contract without giving any reason and without incurring costs, except for the costs specified in art. 33, art. 34 Consumer rights.
- The deadline for withdrawing from the agreement concluded remotely is 14 days from the receipt of the item by the Buyer (Customer), and to meet the deadline it is enough to send declaration before its expiry.
- Declaration of withdrawal from the contract Consumer may submit on the form, the template of which is attached as Appendix 2 to Consumer Law, or in another written form in accordance with Consumer Law.
- Seller will immediately confirm to Consumer by e-mail (provided when concluding the agreement and another if it was provided in the submitted statement) of receipt of the declaration of withdrawal from the contract.
- In the event of withdrawal from the contract, the contract is considered void.
- Consumer is obliged to return the item to Seller immediately, but not later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to send back the item before its expiry.
- The consumer sends back the items being the subject of the contract from which he withdrew at his own expense and risk.
- The consumer is liable for a decrease in the value of the item being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
- Seller immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by Consumer will return Consumer all payments made by him, including the costs of delivering the item, and if Consumer has chosen a delivery method other than the cheapest usual delivery method offered by Seller, Seller will not refund Seller strong>Consumer additional costs in accordance with art. 33 Consumer rights.
- Seller refunds the payment using the same method of payment as used by Consumer, unless Consumer expressly has agreed to a different method of payment, which does not involve any costs for him/her.
- The Seller may withhold the return of the payment received from Consumer until receipt of the item back or delivery by Consumer of proof of its return, depending on which event occurs first .
- Consumer in accordance with art. 38 Consumer Law, there is no right to withdraw from the contract:
- in which the price orthe reward 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 contract;
- in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to meet his individual needs;
- in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
- in which the subject of the service is an item 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;
- in which the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery;
- 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;
- for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of Consumer before the deadline to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract contracts;
- for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement.
- Consumer does not bear the costs of delivering digital content that is not recorded on a tangible medium, if he has not consented to the performance of the service before the deadline to withdraw from the contract or has not been informed about the loss of his right of withdrawal from the contract at the time of giving such consent or the trader has not provided confirmation in accordance with Art. 15 sec. 1 and art. 21 sec. 1. Consumer rights.
§5 Warranty
- Sellers pursuant to art. 558§1 of Civil Code completely excludes liability towards Customers for physical and legal defects (warranty).
- Seller is liable to Consumer on the terms set out in art. 556 Civil Code and subsequent for defects (warranty).
- In the case of a contract with Consumer, if a physical defect has been found within one year from the moment of handing over the item, it is assumed that it existed at the time transfer of danger to Consumer.
- Consumer if the sold item has a defect, may:
- submit a statement requesting a price reduction;
- submit a declaration of withdrawal from the contract;
- Consumer may, instead of removing the defect proposed by Seller, demand replacement of the item with a defect-free one, or instead of replacing the item, demand removal of the defect, unless bringing the item into compliance with the contract in the method chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller, while the assessment of excessive costs takes into account the value of the defect-free item, the type and significance of the found defects, and also the inconvenience to which the Consumer would be exposed by another method of satisfaction is taken into account.
- The consumer may not withdraw from the agreement if the defect is insignificant.
- Consumer if the sold item has a defect, may also:
demand replacement of the item for a defect-free one;
demand removal of the defect. - Seller is obliged to replace the defective item with a defect-free item or remove the defect within a reasonable time without undue inconvenience to Consumer.
- Seller may refuse to satisfy Consumer's request if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the buyer or in comparison with the other possible way of bringing it into conformity with the contract would require excessive costs.
- In case if the item has defectshas been installed, Consumer may demand from Seller disassembly and reassembly after replacement with a defect-free one or removal of the defect, however, he/she is obliged to bear some of the related costs exceeding the price of the item sold or may require Seller to pay part of the costs of disassembly and reassembly, up to the price of the item sold. In the event of failure by Seller, Consumer is authorized to perform these activities at the expense and risk of Seller. The
- Consumer who exercises the rights under the warranty is obliged to deliver the defective item to the complaint address at the expense of Seller, and if due to the type of item or the method of its assembly, the delivery of the item by Consumer would be excessively difficult, Consumer is obliged to make the item available to Seller in the place where the item is located. In the event of failure by Seller, the Consumer is entitled to return the item at the expense and risk of Seller.
- The costs of replacement or repair are borne by Seller, except for the situation described in §5 point 10.
- Seller is obliged to accept a defective item from Consumer in the event of replacing the item with a defect-free item or withdrawing from the contract.
- The Seller will respond within fourteen days to:
- declaration of requesting a price reduction;
- declaration of withdrawal from the contract;
- request for replacement of the item with a defect-free one;
- requests to remove the defect.
Otherwise, it is considered that the statement or request of Consumer is justified. - Seller is liable under the warranty if a physical defect is found within two years from the moment of delivery of the item to Consumer, and if the subject of sale is item used within a year from the date of handing over the item to the Consumer.
- The Consumer's claim for removing the defect or replacing the sold item with a defect-free one expires after one year, counting from the date of finding the defect, but not earlier than two years from the date of issue items Consumer, and if the subject of sale is a used item within a year from the date of handing over the item to Consumer.
- If the expiry date of the item specified by the Seller or the manufacturer ends after two years from the moment of handing over the item to the Consumer, Seller is responsible under the warranty for physical defects of this item found before the expiry of this period.
- Within the dates specified in §5 points 15-17 Consumer may submit a declaration of withdrawal from the contract or reduction of the price due to a physical defect of the item sold, and if The consumer demanded replacement of the item with a defect-free item or removal of the defect, the deadline for submitting a declaration of withdrawal from the contract or price reduction begins with the ineffective expiry of the deadline for replacing the item or removing the defect.
- If one of the rights under the warranty is pursued before the court or arbitration court, the time limit for exercising other rights Consumer is entitled to in this respect shall be suspended until the final conclusion of the proceedings. It also applies to mediation proceedings accordingly, with the deadline for exercising other rights under the warranty to which the Consumer is entitled begins to run from the date of refusal by the court to approve the settlement concluded before the mediator or ineffective termination of mediation.
- To exercise the rights under the warranty for legal defects of the item sold, §5 points 15-16 apply, except that the period starts from the day on which the Consumer he learned about the existence of the defect, and if the Consumer learned about the existence of the defect only as a result of an action by a third party - from the date on which the judgment issued in the dispute with the third party became final.
- If, due to a defect in the item, the Consumer made a declaration of withdrawal from the contract or reduction of the price, he may demand compensation for the damage he suffered because he concluded the contract without knowing about the existence of the defect, even if the damage was as a result of circumstances for which Seller is not responsible, and in particular may demand reimbursement of the costs of concluding the contractcosts of collecting, transporting, storing and insuring items, reimbursement of expenses made to the extent that he did not benefit from them and did not receive their reimbursement from a third party and reimbursement of the costs of the process. This is without prejudice to the provisions on the obligation to repair damage on general terms.
- Expiration of any deadline for finding a defect does not exclude the exercise of warranty rights if Seller has fraudulently concealed the defect.
- Seller, if it is obliged to provide or financial benefit to Consumer, will perform them without undue delay, no later than within the legally prescribed period.
§6 Privacy policy and personal data security
- The administrator of personal databases is Seller.
- Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997 and the Electronic Services Act of July 18, 2002 and the Regulation of the European Parliament and of the Council ( EU) 2016/679 of 27 April 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. The Buyer providing their personal data when placing an order to the Seller agrees to their processing by the Seller in order to complete the order. The Buyer has the possibility to view, correct, update, transfer, limit processing and delete their personal data at any time.
- Detailed rules for collecting, processing and storing personal data used to fulfill orders by store are described in the Privacy Policy, which can be found at: https://stellacan.com/information_clause.php
§7 Final Provisions
1. None of the provisions of these regulations are intended to infringe the rights of Buyer. It also cannot be interpreted in this way, because in the event of non-compliance of any part of the regulations with applicable law, Seller declares absolute subordination and application of this law in place of the challenged provision of the regulations.
2. Registered Buyers will be notified of changes to the regulations and their scope by e-mail (to the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the new regulations come into force. Changes will be introduced in order to adapt the regulations to the applicable legal status.
3. The current version of the regulations is always available to Buyer in the regulations tab (https://stellacan.com/term_of_service.php). During the execution of the order and throughout the period of after-sales care, the Buyer shall apply the regulations accepted by him when placing the order. Except for the situation when the Consumer considers it less favorable than the current one and informs Seller about the choice of the current one as binding.
4. For disputes with Customers, the court competent for the registered office of Seller will be competent for settlement.
5. In matters not covered by these regulations, the relevant applicable legal provisions shall apply. Disputes, if the Consumer expresses such a will, are resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or a trial before the arbitration court at the Provincial Inspectorate of the Trade Inspection. The consumer may also use equivalent and lawful methods of pre-judicial or out-of-court dispute resolution, e.g. via the EU ODR online platform located at http://ec.europa.eu/consumers/odr/. As a last resort, the case is settled by the court having local and material jurisdiction.
The entity providing online payment services for card payments is Blue Media S.A.