The agreement between the Buyer and the Seller can be concluded in two ways.
The Buyer has the right to negotiate all terms of the agreement with the Seller before placing an order, including amendments to the terms of the regulations below. These negotiations should be conducted in writing and addressed to the Seller’s address (Sansei Sp. z o.o., ul. Św. Rocha 39a/14, 35-330 Rzeszów).
In the event that the Buyer opts out of the possibility of concluding the agreement through individual negotiations, the regulations below and the relevant legal provisions shall apply.
TERMS AND CONDITIONS
§1 Definitions
- Mailing Address – first name and last name or name of the institution, location in the town (in case of towns divided into streets: street, building number, apartment or premises number; in case of towns not divided into streets: town name and property number), postal code, and town.
- Claims Address: Sansei Sp. z o.o., ul. Św. Rocha 39a/14, 35-330 Rzeszów
- Delivery Price List – available at the address: https://sansei.eu/sledz/ a list of available types of delivery and their costs.
- Contact Information:
Sansei Sp. z o.o. ul. Św. Rocha 39a/14 35-330 Rzeszów
email: sklep@sansei.eu
phone: +48 450 145 600 - Delivery: type of transportation service along with the specification of the carrier and cost listed in the Delivery Price List available at the address:
- Delivery within the Republic of Poland: https://sansei.eu/sledz/
- Delivery within the Republic of Poland: https://sansei.eu/sledz/ Proof of purchase – an invoice, bill, or receipt issued in accordance with the Act on Goods and Services Tax of March 11, 2004, with subsequent amendments and other applicable legal provisions.
- Product Card – a single subpage of the store containing information about a single product.
- Client – an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but having the capacity to perform legal acts, making a purchase from the Seller directly related to its business or professional activity. For the purposes of these Terms and Conditions, the term Client does not include a natural person entering into a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed based on the provisions on the Central Register and Information on Business Activity.
- Civil Code – the Civil Code Act of April 23, 1964, with subsequent amendments.
- Code of Good Practice – a set of rules of conduct, and in particular ethical and professional standards, referred to in art. 2 pt. 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, with subsequent amendments.
- Consumer – a natural person making a purchase from the Seller not directly related to their business or professional activity. For the purposes of these Terms and Conditions, the term Consumer also includes a natural person entering into a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed based on the provisions on the Central Register and Information on Business Activity.
- Basket – a list of products compiled from the products offered in the store based on the choices of the Buyer.
- Buyer – both the Consumer and the Client.
- Place of issue of the goods – the postal address or collection point indicated in the order by the Buyer.
- Moment of issue of the goods – the moment when the Buyer or the third person indicated by them to collect the goods takes possession of the item.
- Payment – method of paying for the subject of the contract and delivery.
- Consumer Rights Act – the Act on Consumer Rights of May 30, 2014.
- Product – the minimum and indivisible quantity of goods that can be the subject of an order, which is provided in the Seller’s store as a unit of measure when determining its price (price/unit).
- Subject of the contract – products and delivery being the subject of the contract.
- Subject of performance – the subject of the contract.
- Collection point – the place of issue of the goods not being the postal address, listed in the statement provided by the Seller in the store.
- Item – a movable item that can be or is the subject of the contract.
- Store – an online service available at the address sansei.eu, through which the Buyer can place an order.
- Seller: Sansei Sp. z o.o. ul. Św. Rocha 39a/14 35-330 Rzeszów NIP: 8133886455, REGON: 52333398100000, registered by the District Court in Rzeszów, XII Economic Department of the National Court Register in KRS under number: 0000995652, with a share capital of 15,000 PLN.BANK ACCOUNT: 49 1050 1562 1000 0090 8180 9163
- System – a set of cooperating computer devices and software, ensuring the 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.
- Implementation date – the number of hours or working days given on the product card. It is determined by the sum of two numbers: the waiting time for shipment and the delivery time of the goods carried out by the carrier.
- Product with digital elements – a Product containing digital content or a digital service or connected with them in such a way that the lack of digital content or digital service would prevent its proper functioning.
- Contract – a contract concluded outside the business premises or at a distance within the meaning of the Consumer Rights Act 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.
- Order – a declaration of will of the Buyer made through the store, specifying unequivocally: the type and quantity of products; type of delivery; payment method; place of issue of the goods, Buyer’s data, and aimed directly at concluding a contract between the Buyer and the Seller.
§2 General Terms
- The agreement is concluded in Polish, in accordance with Polish law and these regulations. The reservation of the applicability of Polish law does not apply to Buyers for whom the universally applicable legal provisions regulate this issue differently.
- The Seller is obliged and undertakes to provide services and deliver goods in accordance with the agreement and free from defects.
- All prices provided by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include delivery costs, which are specified in the delivery price list.
- The Seller informs about the guarantees known to him granted by third parties for products available in the store.
- All deadlines are calculated in accordance with Art. 111 of the Civil Code, which means that a deadline specified in days ends with the expiry of the last day, and if the beginning of a deadline specified in days is a certain event, the day on which this event occurred is not taken into account when calculating the deadline.
- Confirmation, making available, recording, securing of all essential provisions of the agreement in order to access this information in the future is done in the form of: confirmation of the order by sending to the indicated e-mail address: the order, information about the right to withdraw from the agreement, links to download the regulations and the withdrawal template on one’s own; an electronic invoice sent to the specified e-mail address after the order is completed.
- The Seller does not charge any fees for communication with him using means of distance communication, and the Buyer will bear its costs in the amount resulting from the agreement concluded with a third party providing a specific service enabling distance communication.
- The Seller ensures the proper operation of the store for the Buyer using the system in the following browsers: Microsoft Edge, 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: Microsoft Edge, FireFox, Opera, Chrome, Safari may affect the proper display of the store, so in order to obtain full functionality of the sansei.eu store, all of them should be disabled.
- The Buyer may use the option of remembering his data by the store to facilitate the process of placing another order. For this purpose, the Buyer should provide an e-mail and password necessary to access his account. The e-mail and password are a string of characters set by the Buyer, who is obliged to keep them confidential and protect them from unauthorized access by third parties. The Buyer has the right to access, correct, update data, and delete the account in the store at any time.
§3 Conclusion of the Agreement and Fulfillment
- Orders can be placed 24 hours a day.
- To place an order, the Buyer should perform at least the following actions, some of which may be repeated multiple times:
- adding a product to the cart;
- choosing the type of delivery;
- choosing the payment method;
- choosing the place of issuance of the goods;
- placing an order in the store by using the “Buy and Pay” button.
- The agreement with the Consumer is concluded at the moment of placing the order.
- Execution of the Consumer’s order for cash on delivery takes place immediately, and orders paid by bank transfer or via electronic payment systems after the Consumer’s payment is credited to the Seller’s account, which should occur within 7 days from the placement of the order, unless the Consumer was unable to fulfill the performance due to reasons not attributable to them and informed the Seller about this.
- The agreement with the Client is concluded at the moment the Seller accepts the order, within up to 48 hours from the placement of the order.
- Execution of the Client’s order for cash on delivery takes place immediately after the agreement is concluded, and orders paid by bank transfer or via electronic payment systems after the agreement is concluded and the Client’s payment is credited to the Seller’s account.
- Execution of the Client’s order may be dependent on the payment of the entire or part of the order value, obtaining a trade credit limit of at least the value of the order, or the Seller’s consent to send the order cash on delivery (payable upon receipt).
- Dispatch of the contract item takes place within the period specified on the product card, and for orders composed of multiple products, within the longest period specified on the product cards. The period begins to run from the moment the agreement is concluded.
- The purchased contract item is sent by the delivery method chosen by the Buyer to the place of issuance of goods specified by the Buyer in the order. A VAT invoice is issued for each sold product. The VAT invoice is delivered electronically to the email address provided by the Buyer, unless the Buyer expressly indicates that the VAT invoice should be delivered in traditional form.
- The Buyer’s acceptance of issuing and sending invoices in electronic form does not exclude the Seller’s right to issue and send purchase documents in paper form.
- The Seller declares that in accordance with Art. 106b sec. 5 of the Act of March 11, 2004 on Goods and Services Tax, VAT invoices will not be issued based on receipts documenting the purchase of Products in the Online Store after December 31, 2019 by Clients who are VAT or value-added tax taxpayers, if the receipt confirming this sale will not contain a number, by which the Client is identified for tax or value-added tax purposes. This means that this number should be provided by the Buyer when concluding the agreement.
§4 Right to Withdraw from the Contract
- The consumer is entitled to withdraw from a distance contract, without providing any reason and without incurring any costs, except for the costs specified in art. 33, art. 34 of the Consumer Rights Act, pursuant to art. 27 of the Consumer Rights Act.
- The deadline for withdrawing from a distance contract is 14 days:
- for a contract under which the entrepreneur releases the goods, being obliged to transfer their ownership – from the moment the Consumer or a third party designated by them, other than
- the carrier, takes possession of the goods, and in the case of a contract which:
- includes multiple goods that are delivered separately, in batches or in parts – from taking possession of the last item, batch, or part,
- consists of regular delivery of goods for a defined period – from taking possession of the first of the goods.
- for other contracts – from the date of the contract’s conclusion, and to preserve the deadline, it is sufficient to send the statement before its expiry.
- The Consumer may submit the statement of withdrawal from the contract using the form which is a template provided in Annex No. 2 to the Consumer Rights Act, on the form available at https://sansei.eu/returns/, or in any other form compliant with the Consumer Rights Act.
- The Seller will immediately confirm to the Consumer by email (provided at the conclusion of the contract and any other provided in the submitted statement) the receipt of the statement of withdrawal from the contract.
- In the event of withdrawal from the contract, the contract is considered void.
- The Consumer is obliged to return the goods to the Seller immediately, but no later than 14 days from the day they withdrew from the contract. To preserve the deadline, it is sufficient to return the goods before its expiry.
- The Consumer returns the goods subject to the contract, from which they have withdrawn, at their own expense. If the goods were delivered to the Consumer’s place of residence at the time of the conclusion of the contract, the Seller is obliged to pick up the goods at their own expense, if due to the nature of the goods they cannot be returned by regular post.
- The Consumer does not bear the costs of delivering digital content not stored on a tangible medium if they did not agree to the performance of the service before the expiry of the withdrawal period or were not informed about the loss of the right to withdraw from the contract at the moment of giving such consent, or if the entrepreneur did not provide confirmation in accordance with art. 15 sec. 1 and art. 21 sec. 1 of the Consumer Rights Act.
- The Consumer is responsible for the reduction in the value of the goods resulting from using them in a way beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
- The Seller will immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the contract, return to the Consumer all payments made by them, including the costs of delivering the goods, and if the Consumer has chosen a method of delivery other than the cheapest common delivery method offered by the Seller, the Seller will not return to the Consumer the additional costs in accordance with art. 33 of the Consumer Rights Act.
- The Seller will refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of payment that does not involve any cost to them.
- If the Seller has not offered to collect the goods from the Consumer themselves, the Seller may withhold the refund of the payment received from the Consumer until the goods are received back or until proof of their return is provided by the Consumer, whichever occurs first.
- In the case of withdrawal from a contract for the provision of digital content or digital services, the Consumer has the right to retrieve from the Seller, free of charge, the digital content provided or produced by the Consumer while using the digital content or digital service, without any barriers on the part of the Seller, within a reasonable time and in a commonly used machine-readable format.
- In the case of withdrawal from a contract for the provision of digital content or digital services, the Seller may prevent the Consumer from further using the digital content or digital service, in particular by preventing the Consumer from accessing the digital content or digital service or blocking the user account (necessary to use the digital service). This provision does not affect the Consumer’s right to request the provision of content other than personal data that have been provided or produced by the Consumer while using the digital content or digital service provided by the Seller, as referred to in art. 32a sec. 2 of the Consumer Rights Act.
- In the case of withdrawal from a contract for the provision of digital content or digital services, the Consumer is obliged to cease using such digital content or digital services and to make them available to third parties.
- The Consumer does not have the right to withdraw from the contract in relation to contracts referred to in art. 38 of the Consumer Rights Act:
- for the provision of services for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the beginning of the service that after the service is performed by the Seller, they will lose the right to withdraw from the contract, and accepted it;
- 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 expiry of the withdrawal period;
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy their individualized 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 for health protection or hygiene reasons, if the package has been opened after delivery;
- in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
- in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market, over which the Seller has no control;
- in which the Consumer expressly demanded that the Seller come to them for urgent repair or maintenance; if the Seller provides additional services other than those demanded by the Consumer, or delivers items other than spare parts necessary to perform the repair or maintenance, the Consumer has the right to withdraw from the contract in relation to additional services or items;
- in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
- for delivering newspapers, periodicals, or magazines, with the exception of subscription contracts.
- concluded through a public auction;
- for providing accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure activities, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
- for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the Consumer’s express consent before the expiry of the withdrawal period and after informing them by the Seller about the loss of the right to withdraw from the contract;
- for providing telecommunication services, if the Seller fully provided the service with the express consent of the Consumer, who was informed before the provision of the service that after the Seller provides the service, they will lose the right to withdraw from the contract.
- The above provisions do not limit the Consumer’s rights under the warranty for defects of the goods specified in art. 556 et seq. of the Civil Code and under other provisions of the Civil Code and specific laws.
- In the event of a conflict between the provisions of these General Terms and Conditions and the provisions of mandatory law, in particular the Consumer Rights Act, the mandatory provisions shall prevail.
- The Consumer has the right to use out-of-court complaint and redress mechanisms. To this end, they may submit a complaint through the EU ODR online platform available at http://ec.europa.eu/consumers/odr/. The use of the platform requires an active email address and Internet access. Detailed information about the procedure for out-of-court complaint and redress mechanisms, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following web addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php; www.uokik.gov.pl/sprawy_indywidualne.php and www.uokik.gov.pl/wazne_adresy.php.
- The Seller’s liability under the warranty for defects of the goods is regulated by art. 556 et seq. of the Civil Code. The Consumer has the right to submit complaints under the warranty for defects of the goods within the time limits specified in the Civil Code.
- The Seller is obliged to provide the Consumer with an item free from defects. Detailed information about the Seller’s liability due to a product being defective and the rights of the Consumer are set out in the warranty for defects of the goods, pursuant to art. 556 et seq. of the Civil Code.
- The Seller provides a guarantee for the sold goods on the terms and for the period specified in the warranty card attached to the goods, and if such a card is missing, in the information included with the goods at the point of sale.
Section IV. Personal Data
The Seller is the administrator of the personal data provided by the Consumer in connection with the concluded contract. The personal data is processed for the purpose of contract performance, and if the Consumer agrees, also for marketing purposes. The recipients of the personal data may be entities involved in the performance of the contract. The Consumer has the right to access their personal data and to correct them. Providing personal data is voluntary, but necessary for the conclusion and performance of the contract.
§5 Warranty and Non-Conformity of Goods, Digital Content, or Digital Service with the Contract
- The Seller, pursuant to Art. 558§1 of the Civil Code, completely excludes liability towards Customers for physical and legal defects (warranty).
- The Seller is liable to the Consumer for the non-conformity of goods with the contract under the terms defined in Art. 43a and subsequent of the Consumer Rights Act, as well as for not providing digital content or a digital service under the terms defined in Art. 43j of the Consumer Rights Act, and for the non-conformity with the contract of the delivered digital content or digital service under the terms defined in Art. 43k and subsequent of the Consumer Rights Act. This does not exclude the Seller’s liability for non-performance or improper performance of the contract under general terms according to the Civil Code.
- The Seller is liable for the non-conformity of 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 specified by the Seller, their legal predecessors, or persons acting on their behalf is longer. It is presumed that the non-conformity of goods with the contract, which revealed itself before the lapse of two years from the moment of delivery, existed at the time of delivery, unless proven otherwise or if such presumption cannot be reconciled with the nature of the goods or the nature of the non-conformity.
- In relation to goods with digital elements, the Seller is liable for the non-conformity with the contract of digital content or a digital service delivered continuously, which occurred or revealed itself during the time when, according to the contract, they were to be delivered. This period cannot be shorter than two years from the moment of delivery of goods with digital elements. It is presumed that the non-conformity of digital content or a digital service with the contract occurred during this time if it revealed itself during this time.
- The Seller is liable for the non-conformity with the contract of digital content or a digital service delivered once or in parts, which existed at the time of their delivery and revealed itself within two years from that moment. It is presumed that the non-conformity of digital content or a digital service with the contract, which revealed itself before the lapse of one year from the moment of delivery of digital content or a digital service, existed at the time of their delivery.
- The Seller is liable for the non-conformity with the contract of digital content or a digital service delivered continuously, which occurred or revealed itself during the time when, according to the contract, they were to be delivered. It is presumed that the non-conformity of digital content or a digital service with the contract occurred during this time if it revealed itself during this time. The Seller is liable for the non-conformity with the contract of digital content or a digital service in the scope regulated in Art. 43k (3) of the Consumer Rights Act, which occurred during the time specified in this provision.
- The presumptions specified in paragraphs 5 and 6 do not apply if:
- The Consumer’s digital environment is not compatible with the technical requirements, about which the Seller clearly and understandably informed them before the conclusion of the contract;
- The Consumer, clearly and understandably informed before the conclusion of the contract about the obligation to cooperate with the Seller, within a reasonable range and using the least burdensome technical means, in order to determine whether the non-conformity of digital content or a digital service with the contract in the appropriate time results from the characteristics of the Consumer’s digital environment, does not fulfill this obligation.
- Complaints should be submitted to the Seller at the address specified in §1 (2) or by email at: sklep@sansei.eu
- The Seller considers the complaint and informs the Consumer about how it has been dealt with within 14 days from the day of its submission.
- The Consumer is notified of the way the complaint has been dealt with in the same way they submitted the complaint, or in another way chosen by them.
§6 Personal Data Security
- The administrator of the Buyers’ personal data is the Seller – Sansei limited liability company, ul. Św. Rocha 39a/14, 35-330 Rzeszów, NIP: 8133886455, REGON: 52333398100000, registered by the District Court in Rzeszów, XII Economic Department of the National Court Register in KRS under number: 0000995652 with a share capital of 15,000 PLN.
- The personal data of the Buyers are collected and processed by the Seller for the purpose of executing the sales agreement concluded with the Buyer and (if the Buyer has subscribed by providing their email address) for the purpose of sending newsletters.
- In connection with the processing of personal data, the Buyer has the right to:
- a) access personal data (Art. 15 GDPR);
- b) rectify personal data (Art. 16 GDPR);
- c) request the deletion of personal data in the cases specified in Art. 17(1), taking into account the exceptions specified in the provision of Art. 17(3) GDPR;
- d) request the restriction of data processing in the cases specified in Art. 18 GDPR;
- e) transfer data in the cases specified in the provisions of Art. 20 GDPR;
- The Buyer also has the right to lodge a complaint with the supervisory authority dealing with the protection of personal data in case the personal data administrator violates the provisions concerning the protection of personal data when processing the Buyer’s personal data.
- If the personal data administrator processes the Buyer’s personal data based on consent, the Buyer has the right to withdraw consent at any time, without affecting the validity of the processing that was carried out on the basis of consent before its withdrawal.
- Additionally, the personal data administrator informs that for reasons related to the Buyer’s particular situation, the Buyer has the right to object to the processing of their personal data, including profiling, in case the basis for data processing by the ADO is:
- a) the necessity of processing to perform a task carried out in the public interest or in the exercise of official authority entrusted to the data administrator (Art. 6(1)(e) GDPR),
- b) the legitimate interest of the ADO (Art. 6(1)(f) GDPR).
- Detailed information concerning data processing and their protection is included in the Privacy Policy available on our website.
§7 Final Provisions
- The Buyer may not provide the Seller with content of an unlawful nature.
- None of the provisions of these terms and conditions is intended to infringe upon the Buyer’s rights. Nor should it be interpreted in such a way, as in the event of any incompatibility of any part of the terms and conditions with the applicable law, the Seller declares unconditional compliance and application of that law in place of the challenged provision of the terms and conditions.
- The current version of the terms and conditions is always available to the Buyer in the store’s terms and conditions tab. During the order processing and throughout the entire post-sale care period of the Buyer, the terms and conditions accepted by them when placing the order apply. Except for situations when the Consumer considers it less favorable than the current one and informs the Seller about choosing the current one as applicable.
- For matters not settled by these terms and conditions, the relevant applicable legal provisions shall apply. Disputes, if the Consumer expresses such a will, are resolved through mediation proceedings at the Provincial Inspectorates of Trade Inspection or arbitration proceedings at the Provincial Inspectorate of Trade Inspection, or through equivalent and lawful methods of pre-trial or out-of-court dispute resolution indicated by the Consumer. The Consumer may also use the ODR platform available at: https://ec.europa.eu/consumers/odr. Ultimately, the case is decided by the court competent in terms of place and subject matter.
In matters not regulated by the terms and conditions, the provisions of the Civil Code and relevant Polish law acts, as well as European Union law, particularly GDPR (Regulation (EU) 2016/679 of the European Parliament and of the Council 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) apply.////
[1] Regulation (EU) 2016/679 of the European Parliament and of the Council 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.