Conclusion of the agreement between the Buyer and the Seller can take place in two ways.
The Buyer has the right, before placing an order, to negotiate any provisions of the agreement with the Seller, including changes to the provisions of the following regulations. These negotiations should be conducted in writing and sent to the Seller’s address (Sansei Sp. z o.o., Św. Rocha 39a/14, 35-330 Rzeszów).
In case the Buyer decides not to proceed with the agreement through individual negotiations, the following regulations and applicable legal provisions apply.
§1 Definitions
- Postal Address – name and surname or institution’s name, 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: name of the town and property number), postal code and town.
- Complaint address: Sansei Sp. z o.o., Św. Rocha 39a/14, 35-330 Rzeszów
- Delivery Price List – available at: https://sansei.eu/gb/guest-tracking a summary of available types of delivery and their costs.
- Contact details:
Sansei Sp. z o.o.
Św. Rocha 39a/14
35-330 Rzeszów
NIP: 8133886455 , REGON: 523333981
KRS: 0000995652
email: shop@sansei.eu - Delivery – a type of transportation service, along with the carrier and cost, as listed in the delivery price list available at:
5.1. Delivery within the Republic of Poland: https://sansei.eu/gb/guest-tracking - Proof of purchase – invoice, receipt or bill issued in accordance with the Goods and Services Tax Act of March 11, 2004, with subsequent amendments and other relevant legal provisions.
- Product page – a single subpage of the store containing information about a single product.
- Customer – an adult individual with full legal capacity, a legal entity, or an organizational unit without legal personality but capable of legal actions, making a purchase directly related to their business or professional activity. For the purposes of these regulations, the term Customer does not include an individual entering into an agreement directly related to their business activity, if the contract does not have a professional nature, particularly in terms of the subject of the business activity disclosed under 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, particularly ethical and professional norms, referred to in Article 2, point 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, with subsequent amendments.
- Consumer – an individual making a purchase from the Seller unrelated to their business or professional activity. For the purposes of these regulations, the term Consumer also includes an individual entering into a contract directly related to their business activity if the contract does not have a professional nature.
- Cart – a list of products made from those offered in the store based on the Buyer’s selections.
- Buyer – both the Consumer and the Client.
- Place of delivery – the postal address or pickup point indicated in the order by the Buyer.
- Moment of delivery – the moment when the Buyer or a third person designated by them takes possession of the item.
- Payment – the method of payment for the subject of the agreement and delivery.
- Consumer rights – the Consumer Rights Act of May 30, 2014.
- Product – the minimum indivisible quantity of goods that can be ordered, and is listed in the Seller’s store as the unit of measure for determining its price (price/unit).
- Subject of the agreement – the products and delivery that are the subject of the agreement.
- Subject of the service – the subject of the agreement.
- Pickup point – the place of delivery that is not a postal address, listed in the summary provided by the Seller in the store.
- Item – a movable item that can be or is the subject of the agreement.
- Store – the online service available at sansei.eu, through which the Buyer can place an order.
- Seller:
Sansei Sp. z o.o.
Św. Rocha 39a/14
35-330 Rzeszów
NIP: 8133886455, REGON: 52333398100000, KRS: 0000995652
registered by the District Court in Rzeszów, XII Economic Department of the National Court Register under the number: 0000995652 with a share capital of 15,000 PLN.BANK ACCOUNTS:
Santander
PLN: 96109027500000000161452997
EUR: 07109027500000000161453047
BIC: WBKPPLPPNEST BANK
EUR: PL96253000082051107855760003
BIC: NESBPLPW - System – a set of cooperating information devices and software that ensures processing and storage, as well as sending and receiving data through telecommunication networks using an appropriate terminal device for the type of network, commonly known as the Internet.
- Completion time – the number of hours or working days stated on the product page. It is the sum of two numbers: the waiting time for shipment and the delivery time executed by the carrier.
- Goods with digital elements – a product containing digital content or a digital service or combined with them in such a way that the absence of digital content or digital service would prevent its proper functioning.
- Agreement – a contract concluded outside the seller’s premises or remotely, in the meaning of the Consumer Rights Act of May 30, 2014, for Consumers, and a sales contract under Article 535 of the Civil Code Act of April 23, 1964, for Buyers.
- Order – a declaration of will made by the Buyer through the store, clearly specifying: the type and quantity of products; the type of delivery; the type of payment; the place of delivery; the Buyer’s data, aiming directly to conclude an agreement between the Buyer and the Seller.
§2 General Conditions
- The agreement is concluded in the Polish language, in accordance with Polish law and these regulations. The provision of Polish law does not apply to Buyers for whom universally applicable law regulates this matter differently.
- The Seller is obligated and agrees to provide services and deliver goods in accordance with the agreement and free from defects.
- All prices quoted by the Seller are in Polish currency and are gross prices (including VAT). Product prices do not include the delivery cost, which is specified in the delivery price list.
- The Seller informs about known third-party warranties granted for the products in the store.
- All deadlines are calculated in accordance with Article 111 of the Civil Code, meaning the deadline specified in days expires at the end of the last day, and if the deadline starts with a specific event, the day the event occurs is not considered in the deadline.
- Confirmation, provision, preservation, and security of all significant terms of the agreement to gain access to this information in the future occur in the form of: order confirmation via email: orders, information about the right to withdraw from the agreement, links to download the regulations and the withdrawal template; electronic invoice sent to the specified email address after the order is completed.
- The Seller does not charge any fees for communication with them via distance communication means, and the Buyer will bear the costs resulting from the contract they concluded with a third party providing a specific service enabling communication.
- The Seller ensures the proper functioning of the store for Buyers using the system on the following browsers: Microsoft Edge, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest JAVA and FLASH versions installed, on screens with horizontal resolution above 1024 px. Using third-party software affecting the functionality and display of browsers may impact the proper display of the store. To ensure full functionality, all third-party software should be disabled.
- The Buyer can opt to save their data with the store to facilitate the process of placing future orders. To do so, the Buyer should provide their email and password, necessary to access their account. The Buyer must keep this information confidential and protect it from unauthorized access. The Buyer can view, modify, update their data, and delete their account at any time.
§3 Conclusion of the Agreement and Execution
- Orders can be placed 24 hours a day.
- To place an order, the Buyer must complete at least the following steps, some of which may be repeated:
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Add a product to the cart;
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Choose the type of delivery;
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Choose the type of payment;
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Choose the place of delivery;
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Submit the order using the “Buy and Pay” button.
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- The agreement with the Consumer is concluded when the order is placed. Execution of a Consumer’s order paid on delivery occurs immediately, and orders paid by transfer or through an electronic payment system are executed after the payment is credited to the Seller’s account, which should occur within 7 days of placing the order, unless the Consumer was unable to perform the obligation through no fault of their own and notified the Seller.
- The agreement with the Client is concluded when the order is accepted by the Seller within 48 hours of placing the order.
Execution of the Client’s order paid on delivery occurs immediately after the agreement is concluded, and orders paid by transfer or via an electronic payment system are executed after the agreement and payment are credited to the Seller’s account. - Execution of the Client’s order may depend on full or partial payment of the order value or obtaining a credit limit equal to at least the order’s value or the Seller’s consent to send the order with COD (cash on delivery).
- Sending the subject of the agreement takes place within the timeframe specified on the product page, and for orders with multiple products, in the longest timeframe of those specified on the product pages. The term starts when the agreement is concluded.
- The purchased subject of the agreement is sent to the delivery method selected by the Buyer to the place indicated in the order.
- An invoice is issued for each product sold. The VAT invoice is sent electronically to the email provided by the Buyer unless the Buyer explicitly states that the VAT invoice should be delivered in paper form.
- Acceptance by the Buyer to issue and send invoices electronically does not exclude the Seller’s right to issue and send purchase documents in paper form.
- The Seller declares that according to Article 106b(5) of the Goods and Services Tax Act of March 11, 2004, no VAT invoices will be issued based on receipts confirming the purchase of products in the online store after December 31, 2019, for Clients who are VAT taxpayers, unless the receipt contains the number identifying the Client for tax purposes. This means the Buyer must provide this number when entering into the agreemen
§4 Right to Withdraw from the Agreement
- The Consumer has the right to withdraw from the agreement concluded remotely without giving a reason and without incurring costs, except for the costs specified in Articles 33 and 34 of the Consumer Rights Act.
- The withdrawal period for an agreement concluded remotely is 14 days:
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For an agreement in which the entrepreneur delivers goods and is obliged to transfer ownership – from the moment the goods are taken possession of by the Consumer or a third person indicated by them, other than the carrier, and in the case of an agreement involving:
a) multiple goods delivered separately, in batches, or in parts – from the moment the last item, batch, or part is taken possession of,
b) regular delivery of goods over a specified period – from the moment the first item is taken possession of; -
For other agreements – from the day the agreement is concluded, and to meet the deadline, sending the declaration before the deadline suffices.
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- The Consumer may submit a declaration of withdrawal from the agreement on a form available at https://sansei.eu/gb/content/1-complaints-and-returns or in another form compliant with the Consumer Rights Act. The Seller will promptly confirm the receipt of the withdrawal declaration by email.
- In case of withdrawal, the agreement is considered not concluded. The Consumer must return the goods to the Seller within 14 days from the day of withdrawal. To meet the deadline, the goods must be sent before it expires.
- The Consumer sends the goods back at their own expense. If the goods were delivered to the Consumer’s residence at the time of entering into the agreement, the Seller is obligated to collect the goods at their own expense if they cannot be returned by mail.
- The Consumer does not bear the cost of delivering digital content not stored on a physical medium if they did not consent to the performance of the service before the withdrawal period or were not informed of the loss of the right to withdraw from the agreement.
- The Consumer is responsible for any reduction in the value of the goods that results from using them in a way that exceeds what is necessary to determine their nature, characteristics, and functioning.
- The Seller will refund all payments made by the Consumer, including the cost of delivery, within 14 days of receiving the declaration of withdrawal, unless the Consumer chose a delivery method other than the cheapest standard delivery method offered by the Seller.
- In that case, the Seller will not refund the additional delivery costs according to Article 33 of the Consumer Rights Act.
- The Seller will make the refund using the same payment method used by the Consumer, unless the Consumer explicitly agrees to another payment method that does not incur any costs for the Consumer.
- If the Seller did not offer to collect the goods from the Consumer, the Seller may withhold the refund until the goods are returned or the Consumer provides proof of sending them back, whichever happens first.
- In case of withdrawal from an agreement on the delivery of digital content or digital services, the Consumer has the right to recover from the Seller, free of charge, the digital content delivered or created by the Consumer while using the digital content or service, without interference from the Seller, within a reasonable time and in a commonly used machine-readable format.
- In case of withdrawal from an agreement on the delivery of digital content or digital services, the Seller may prevent the Consumer from continuing to use the digital content or digital service, particularly by blocking the Consumer’s access to the digital content or service or blocking the user account (necessary to use the digital service). This provision does not affect the Consumer’s right to request access to content other than personal data, which was delivered or created by the Consumer during their use of digital content or services delivered by the Seller, as per Article 32a(2) of the Consumer Rights Act.
- In case of withdrawal from an agreement on the delivery of digital content or digital services, the Consumer must stop using that digital content or service and not share it with third parties.
Under Article 38 of the Consumer Rights Act, the Consumer does not have the right to withdraw from the agreement in the following cases:
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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 explicit and prior consent of the Consumer, who was informed before the performance of the service that after the service is provided, they will lose the right to withdraw from the agreement, and they acknowledged it;
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Where the price or remuneration depends on fluctuations in the financial market that are beyond the Seller’s control and may occur before the withdrawal period expires;
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Where the subject of the service is a non-prefabricated item, made according to the Consumer’s specifications or serving to meet their individualized needs;
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Where the subject of the service is a perishable item or one with a short shelf life;
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Where the subject of the service is an item delivered in a sealed package, which cannot be returned due to health or hygiene reasons once opened;
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Where the subject of the service consists of goods that, after delivery, due to their nature, are inseparably combined with other things;
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Where the subject of the service is alcoholic beverages whose price was agreed upon when the sales agreement was concluded, and their delivery can only occur after 30 days, and whose value depends on market fluctuations outside the Seller’s control;
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Where the subject of the service is sound or video recordings, or computer programs delivered in a sealed package, if the package was opened after delivery;
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For the delivery of newspapers, periodicals, or magazines, except for subscription agreements;
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For the provision of accommodation services other than for residential purposes, the transport of goods, car rentals, catering, leisure services, or services related to entertainment, sports, or cultural events, if the date or period of the service performance is specified in the agreement;
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For the provision of digital content not delivered on a physical medium, for which the Consumer is required to pay the price, if the Seller started the service with the explicit and prior consent of the Consumer, who was informed before the service started that after the service was performed, they would lose the right to withdraw from the agreement, and they acknowledged this, and the Seller provided the Consumer with confirmation as described in Article 15(1) and 2 or Article 21(1) of the Consumer Rights Act.
§5 Warranty and Non-compliance of Goods, Digital Content, or Digital Services with the Agreement
- The Seller, based on Article 558 §1 of the Civil Code, completely excludes liability to Clients for physical and legal defects (warranty).
- The Seller is liable to the Consumer for non-compliance of the goods with the agreement under the provisions of Articles 43a and subsequent of the Consumer Rights Act, as well as for failure to deliver digital content or digital services under the provisions of Article 43j of the Consumer Rights Act and for non-compliance with the agreement of the delivered digital content or digital services under the provisions of Article 43k and subsequent of the Consumer Rights Act. This does not exclude the Seller’s liability for non-performance or improper performance of the agreement under the general provisions of the Civil Code.
- The Seller is responsible for the non-compliance of goods with the agreement at the time of delivery and revealed within two years from that time, unless the expiration date of the goods determined by the Seller, its legal predecessors, or persons acting on their behalf, is longer. It is presumed that the non-compliance of the goods with the agreement, which was revealed within two years of delivery, existed at the time of delivery unless proven otherwise or this presumption cannot be reconciled with the nature of the goods or the character of the non-compliance with the agreement.
- Regarding goods with digital elements, the Seller is responsible for the non-compliance of digital content or digital services delivered continuously, which occurred or was revealed during the period they were supposed to be delivered according to the agreement. This period cannot be shorter than two years from the delivery of the goods with digital elements. It is presumed that the non-compliance of digital content or digital services with the agreement occurred during this time if it was revealed during this period.
- The Seller is responsible for the non-compliance with the agreement of digital content or digital services delivered in a one-time or in parts, which existed at the time of delivery and was revealed within two years from that moment. It is presumed that the non-compliance of digital content or digital services with the agreement, which was revealed within a year of delivery, existed at the time of delivery.
- The Seller is responsible for the non-compliance of digital content or digital services with the agreement in the scope regulated by Article 43k(3) of the Consumer Rights Act, which occurred during the period specified in this provision.
- Presumptions set out in paragraphs 5 and 6 do not apply if:
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The Consumer’s digital environment is not compatible with the technical requirements that the Seller has informed them about in a clear and understandable manner before concluding the agreement;
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The Consumer, informed in a clear and understandable manner before concluding the agreement about the obligation to cooperate with the Seller, to a reasonable extent and with the least intrusive technical means, in order to determine whether the non-compliance of digital content or digital services with the agreement was due to the features of the Consumer’s digital environment, does not fulfill this obligation.
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- Complaints should be submitted to the Seller at the address provided in §1, paragraph 2 or by email at shop@sansei.eu
- The Seller will review the complaint and inform the Consumer about the resolution method within 14 days from the date of submission.
- The Consumer will be notified of the complaint resolution in the same way in which the complaint was submitted or by another method chosen by the Consumer.
§6 Personal Data Security
- The administrator of personal data of Buyers is the Seller – Sansei Sp. z o.o., 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 under the number: 0000995652 with a share capital of 15,000 PLN.
- The personal data of Buyers is collected and processed by the Seller for the purpose of performing the sales agreement and (if the Buyer has subscribed by providing their email) for sending newsletters.
- In connection with the processing of personal data, the Buyer has the right to:
a) access their personal data (Article 15 of the GDPR);
b) rectify their personal data (Article 16 of the GDPR);
c) request the deletion of personal data in the cases specified in Article 17(1), with the exceptions specified in Article 17(3) of the GDPR;
d) request the restriction of processing personal data in the cases specified in Article 18 of the GDPR;
e) request data portability in the cases specified in Article 20 of the GDPR; - The Buyer also has the right to lodge a complaint with the supervisory authority responsible for personal data protection if, in the process of processing the Buyer’s personal data, the Data Administrator violates the provisions on personal data protection.
- If the 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 lawfulness of processing based on consent before its withdrawal.
- Additionally, the Data Administrator informs that due to special circumstances related to the Buyer’s situation, the Buyer has the right to object to the processing of their personal data, including profiling, in cases where the basis for data processing by the Data Administrator is:
a) the necessity of processing for the performance of a task carried out in the public interest or in the exercise of public authority vested in the data controller (Article 6(1)(e) of the GDPR),
b) the legitimate interest of the data controller (Article 6(1)(f) of the GDPR). - Further details regarding the processing of personal data and their protection are provided in the Privacy Policy available on our website.
§7 Final Provisions
- The Buyer may not provide the Seller with unlawful content.
- None of the provisions of these regulations are intended to violate the Buyer’s rights. They may not be interpreted in this way, and in case of any inconsistency with applicable law, the Seller declares absolute adherence and compliance with the law in place of the challenged provision.
- The current version of the regulations is always available to the Buyer in the store’s regulations tab. During the order process and throughout the post-sale care period, the regulations accepted by the Buyer at the time of placing the order apply, unless the Consumer considers them less favorable than the current version and notifies the Seller of their choice of the current version as applicable.
- In matters not regulated by these regulations, the relevant applicable legal provisions are applied. Disputes, if the Consumer expresses such a desire, are resolved through mediation proceedings at the Provincial Inspectorates of Commercial Inspection or through the arbitration court at the Provincial Inspectorate of Commercial Inspection or through equivalent and legally acceptable pre-court or out-of-court dispute resolution methods chosen by the Consumer. The Consumer may also use the ODR platform available at: https://ec.europa.eu/consumers/odr. In the final instance, the issue is resolved by the court competent both locally and in terms of subject matter..
In matters not regulated by the regulations, the provisions of the Civil Code and relevant Polish laws, as well as European Union law, especially the GDPR (Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016, on the protection of individuals concerning the processing of personal data and the free movement of such data, repealing Directive 95/46/EC) apply
[1] Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016, on the protection of individuals concerning the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC.
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