Regulations

REGULATIONS OF MAKING AGREEMENTS USING THE TOOLS AVAILABLE ON WWW.PASSAN.COM.PL
The Regulations set forth below indicate the rules of shopping via e-shop operated by the Seller on www.passan.com.pl

The Seller is Przedsiębiorstwo Produkcyjno-Handlowe “PASSAN” Spółka Jawna Andrzej Wojciechowski with its legal address: 09-540 Sanniki, ul. Wschodnia 3, Poland, NIP: PL7740015864, REGON: 610039889, registered by Sąd Rejonowy dla Miasta Stołecznego Warszawy w Warszawie Wydział XIV Gospodarczy Krajowego Rejestru Sądowego do Rejestru Przedsiębiorców Krajowego Rejestru Sądowego pod numerem: 0000026203.

Contact with the Seller is possible via:
1. phone/fax: +48 24 2776 200
2. e-mail: handlowy@passan.com.pl

§ 1 Definitions

1. Regulations – given regulations. Concerning the services offered via the Internet, the Regulation shall be considered as a regulation that is specified in the art. 8 of the act constituting of services provided electronically dated on July 18, 2002 (Dz.U. z 2002 r. Nr 144, poz. 1204 ze zm.).
2. The Buyer – a physical person over 13 years old. In case of using the e-shop services by a person under 18, there is a confirmation of their legal representative required. The Buyer can be also a legal person, or a legal entity who is not a legal person and who has given special legal capacity by the law, and who is going to place an order or is using other services offered by the E-shop (also a Consumer).
3. A Consumer – a physical person who is making a legal action, by placing an order, for the goods of value above 10 EUROS, that is not connected with their economic or personal activity.
4. Goods – the movable goods which the Agreement applies.
5. The Agreement – The Agreement of selling the Goods as defined in the Civil Code, entered by the Seller and the Buyer, using the ways of distance communication.
6. E-shop – the Internet service available on www.passan.com.pl through which the Buyer can order the Goods.
7. A Party – the Seller and the Buyer.
8. E-shop Site – each site or subsite www included in www.passan.com.pl
9. An Order – statement of the Buyer’s wish, clearly specifying a type and quantity of Goods, leading to making the Agreement.


§ 2 General Rules
1. A necessary condition of placing the Order via E-shop by the Buyer is careful reading of the Regulations and their acceptance all of their rules during the Order’s fulfilling.
2. The E-shop www.passan.com.pl sells the Goods via the Internet.
3. Unless there was a special and clear note in the Goods description, all the Goods offered by the E-shop are brand new, originally packed , free of defects and legally introduced on Polish market.
4. All the Goods are sold in their basic commercial pack: 1 piece or 1 pack 5-100 m (dependently on a product.) More detailed information about the packing are included in the Goods’ descriptions.
5. The whole Website is a property of P.P.H. “PASSAN” Sp. Jawna Andrzej Wojciechowski and undertakes the legal protection. All of the photos and contents put in the Website can be used by the third parties, for commercial purposes, only after receiving a written consent of the Seller.
6. The colours of the Goods presented on the Website are approximate and could differ from the real ones (especially because of the individual settings of the computer monitors which display the Website). Because of this, improper colour of the Goods cannot be considered as a defect or inconsistency of the Goods with the Agreement. The Seller declares that before placing an order, the Customer can ask for a products’ samples in order to check their features, especially a colour. A sample shall be sent to the address given by the Buyer, who will be also charged for a sample’s delivery.
7. The E-shop processing the orders within Polish territory as well as abroad.
8. All detailed information concerning placing and delivery of orders to Poland are included in § 3 of this Regulations.
9. All detailed information concerning placing and delivery of orders abroad are included in § 4 of this Regulations.


§ 3 Entering and fulfilling the agreement within Polish territory.
1. All prices specified in the E-shop are gross prices, given in Polish Zloty (PLN) and include Polish tax (VAT).
2. Given prices do not include transportation cost.
3. The orders can be placed via the Website, phone and fax (+48 24 2776 200) or by e-mail (handlowy@passan.com.pl).
4. Orders placed by the Website, e-mail or fax can be placed every time. Placing an orders by the phone is possible only within the hours given on the E-shop Website.
5. Orders are valid on condition that the Buyer fill the order form and put there correct contact data along with detailed delivery address, phone number and e-mail address.
6. In case of improper data given in the order form, the Seller shall contact the Buyer. The Seller reserves the right to cancel the order if contact with the Buyer is impossible.
7. The Buyer agrees to prepare and send electronically, to indicated e-mail address, billing documents, especially: INVOICES along with attachments, correction INVOICES with attachments and other forms. Set forth agreement allows the Seller to preparing and sending invoices in electronic form, according to Regulation of Minister of Finance dated on December 17, 2010 , regarding sending invoices in electronic form, the rules of their storage and their sharing mode for the tax authorities or the inspection authority.
8. During ordering process, the Buyer can agree to have their personal data stored in the database of the E-shop and processed in order to process the order. In case of allowing the data to be processed, the Buyer has a possibility to view and change their data as well as to require of their cancellation.
9. The Buyer can use the option of “remembering” their data by the E-shop, what could simplify the process of placing the next orders. In order to do that, the Buyer should give chosen by themselves login and password which are necessary to gain the access to their E-shop account. A login of the Buyer is a set of signs or e-mail address. A password is a set of signs chosen by the Buyer. The password is not available for the Seller and the Buyer is obliged to keep it in secret and to protect it from using by the third parties.
10. When the Buyer places an effective order via E-shop , the automatic response with order’s confirmation is sent to them.
11. The time of the Order’s fulfilling is started at the moment of receiving full payment by the Seller (the proper account number is given in the Order’s confirmation form) in case of prepaid orders, and at the moment of placing an order – in case of orders paid by “cash upon delivery”.
12. The Goods are sent to the indicated in the ordering form, given in phone conversation or by e-mail, address. If the ordering form is filled in incorrectly, and if occurring errors make shipping of the Goods impossible or delayed, the Seller immediately informs the Buyer about this fact.
13. The Goods are delivered by specialized companies. There is also a possibility to pick up the Goods from the Seller’s office in some cases.
14. A parcel is delivered in possibly shortest time (usually within 1-3 days), however not longer than 30 days since the moment of receiving of the Order by the Seller.
15. The Seller does all his best to update the offer presented on the Website. However, if any product would be currently unavailable, the Seller is obliged to inform the Buyer about this fact immediately, by phone or e-mail.
16. The buyer borne the transportation cost (delivery cost) which are specified in the price list: http://www.passan.com.pl/297160/platnosci-i-dostawa
The transportation cost is dependent on a transport way and a payment method.
17. For all sold Goods, the Seller prepare a bill or an invoice (on condition that the Buyer tick the option “F.VAT required” during the process of placing an order.)
18. The Buyer can pay for the ordered Goods in two ways: by “cash upon pickup” or by a bank transfer to the Seller account. In case of advanced payment, the Seller has the right to cancel the Order, if the payment has not be done within 7 days after receiving the Order form.
19. In case of orders value above 3.000,00 PLN, or orders for products available “upon request”, the Seller reserves the right to change the payment method to deposit or advanced payment requiring. This restriction does not apply the Consumers.

§ 4 Entering and fulfilling the agreement out of Polish territory.
1. There is a possibility to change a currency in the E-shop to EUR or USD. Given prices are GROSS values (include Polish tax).
2. Presented in the E-shop prices (PLN, EUR, USD) do not include transportation cost and any other charges deriving from the law (e.g. custom clearance), and have only approximate character. The final prices including all costs are specified in a Pro-forma Invoice that is sent to the Buyer, to indicated during the ordering process e-mail address. The prices in a Pro-forma are calculated according to the published by NBP, on the day of placing an order, exchange rate; transportation cost is based on a price list of a transportation company valid on a day of placing an order, and the other additional charges are calculated according to the law affecting in a day of placing an order. The Seller does not gather any additional charges (which are not included in the law) connected with preparing the Goods to be shipped out of Poland.
3. Placing an order by the Buyer does not cause making the Agreement and does not impose any other obligations to the Buyer. Placing an order by the Buyer only leads the Seller to prepare Pro-forma Invoice that is mentioned in above section, and send it to the Buyer no later than within 5 working days after receiving an order.
4. Sending the Pro-forma by the Seller is a proposal of making the Agreement.
5. An Agreement is made after receiving a positive answer from the Buyer and acceptance of all costs specified in the Pro-forma. The Buyer can confirm his acceptance of the Pro-forma in a statement directed to the Seller. In order to make such a statement, the Buyer shall use one of the mentioned before ways of long-distance communication (especially e-mail, fax or phone.)
6. The Buyer has the right to cancel the order because of the inconvenient prices of the Goods or transportation cost. If the Seller does not receive the Buyer’s acceptance within 5 working days from the date of sending Pro-forma to the Buyer’s e-mail address, the Seller consider it as the Buyer’s refusal and cancel the Order, with no consequences for the Buyer.
7. Selling the Goods out of the Polish territory is based on an invoice including the net prices (excluding VAT) on condition that the Buyer indicate their European Tax Number during the ordering process.
8. All orders can be placed via the Website, phone or fax (+48 24 2776 200) or via e-mail (handlowy@passan.com.pl.)
9. Orders placed by the Website, e-mail or fax can be placed every time. Placing an orders by the phone is possible only within the hours given on the E-shop Website.
10. The Buyer agrees to preparing and sending electronically, to indicated e-mail address, billing documents, especially: INVOICES along with attachments, correction INVOICES with attachments and other forms. Set forth agreement allows the Seller to preparing and sending invoices in electronic form, according to Regulation of Minister of Finance dated on December 17, 2010 , regarding sending invoices in electronic form, the rules of their storage and their sharing mode for the tax authorities or the inspection authority.
11. During ordering process, the Buyer can agree to have their personal data store in the database of the E-shop and processed in order to fulfill the order. In case of allowing the data to be processed, the Buyer has a possibility to view and change their data as well as to require of their cancellation.
12. The Buyer can use the option of “remembering” their data by the E-shop, what could simplify the process of placing the next orders. In order to do that, the Buyer should give chosen by themselves login and password which are necessary to gain the access to their E-shop account. A login of the Buyer is a set of signs or e-mail address. A password is a set of signs chosen by the Buyer. The password is not available for the Seller and the Buyer is obliged to keep it in secret and to protect it from using by the third parties.
13. The time of the Order’s fulfilling is started at the moment of receiving full payment by the Seller (the proper account number is given in the Order’s confirmation form) in case of prepaid orders, and at the moment of placing an order – in case of orders paid by “cash upon delivery”.
14. The Goods are sent to the indicated in the ordering form, given in phone conversation or by e-mail, address. If the ordering form is filled in incorrectly, and if occurring errors make the shipping of the Goods impossible or delayed, the Seller immediately informs the Buyer about it.
15. The Goods are delivered by specialized companies.
16. A parcel is delivered in possibly shortest time (usually within 2-5 days), however not longer than 30 days since the moment of receiving the Buyer’s acceptance of the Pro-forma.
17. The Seller does all his best to update the offer presented on the Website. However, if any product would be currently unavailable, the Seller inform the Buyer about this fact before sending the Pro-forma.
18. The Buyer is charged for the transportation cost (delivery cost) which are specified in the Pro-forma.
19. For all sold Goods, the Seller prepares an invoice.
20. Payment for the ordered Goods can be done only by a bank transfer to the account indicated in the Pro-forma. If the payment is not done within 7 days after the Order’s confirmation, the Seller cancels the Order.
21. In case of the orders placed by Consumers, a payment can be done also by “cash upon pickup” – on condition that a Consumer clearly indicate such a payment method along with the Pro-forma values acceptance. In such a situation, a Consumer is obliged to transfer to the Seller’s bank account a value of transportation cost that was specified in the Pro-forma. If the payment is not done within 7 days after the Pro-forma’s confirmation, the Seller cancels the Order.


§ 5 The right to withdraw from the Agreement
1. The Consumer has the right to withdraw from the Agreement within 14 days from the date of making the Agreement, without giving a reason of their decision.
2. The period for withdrawing from the Agreement expires after 14 days from the date when the Consumer, or a third party indicated by the Consumer, takes possession of the Goods.
3. If the Consumer decides to withdraw from the Agreement, then it is necessary to inform the Seller about this fact with a clear statement (e.g. a written form sent by post, fax or e-mail.) The relevant statement shall be sent to: P.P.H. “PASSAN” Sp. J. Andrzej Wojciechowski, ul. Wschodnia 3, 09-540 Sanniki, Poland or: handlowy@passan.com.pl
4. In order to withdraw from the Agreement, a Consumer can use a withdrawal form (available in the Regulations of www.passan.com.pl), although it is not necessary.
5. In order to withdraw from the Agreement, it is enough for a Consumer to send an information including withdrawal to the Seller, within the aforementioned term.
6. In case of withdrawal from the Agreement, the Seller returns all payments received from the Buyer, along with delivery cost (with an exception of additional costs deriving from any other transportation way, chosen by a Consumer, that is more expensive than a standard delivery way offered by the Seller), with no delay and in every situation, within no more than 14 days from the date when the Seller is informed by the Consumer about decision of withdrawal.
7. In case of withdrawal from the Agreement, the Consumer shall return ordered Goods within 14 days from the date of sending the withdrawal statement to the Seller. The goods shall be sent to: P.P.H. “PASSAN” Sp. J. Andrzej Wojciechowski, 09-540 Sanniki, ul. Wschodnia 3, Poland. The Consumer can also deliver the Goods in their own to the Sales Office within aforementioned term. The right to withdraw from the Agreement expires if the Consumer does not place a relevant statement within 14 days.
8. The Consumer will be charged for all returns costs.
9. The Consumer is reliable for any looses of the Goods value deriving from improper usage that is not necessary to check the Goods’ features.
10. The Seller can delay return of the money till the moment of arriving the Goods in the Seller’s warehouse, or when the Consumer provide the Seller with a document confirming that the Goods have been returned, dependently on a time when mentioned above situations occur.
11. The Seller does not pick up the parcels which are paid by “cash on delivery”.
12. The withdrawal right does not apply for the Goods prepared “upon request”.

§ 6 The Seller’s responsibility for defects of the Goods
1. In case of Buyers who are not Consumers, the Seller is responsible for physical and legal defects of the Goods according to the rules specified in the act of warranty of the Civil Code that applies at the moment of making the Agreement, with noted below rules reserved.
2. The Seller is obliged to remove a defect, to change the price properly or to deliver a free of defects Goods to the Consumer. Any other responsibility of the Seller is excluded (especially a duty to cover a cost deriving from looses incurred by the Buyer.)
3. The Buyer is obliged to check whether the parcel was not damage during transportation process. It is especially important to check condition of packing tapes. If the Buyer notes that the parcel is damaged, or the tapes are broken, then they should not pick up the parcel and draw a special damage report with a courier. Then the Buyer is obliged to contact with the Seller in order to solve a problem. The Seller is not responsible for the damage if there is no lack in a quantity and quality of ordered Goods.


§ 7 The Seller’s responsibility for the Goods’ inconsistency with the Agreement
1. The Seller is responsible for the Goods’ inconsistency with the Agreement, according to the rules specified in the act of a special conditions of Consumer Sales, dated on July 27, 2002 and changes in the Civil Code.
2. The Seller is holding liable if the Goods are not consistent with the Agreement at the moment of their releasing.
3. The Seller is not responsible for the Goods’ inconsistency with the Agreement if the Buyer is aware of this inconsistency, or reasonably concluding, should be aware of it.
4. If the Goods are not consistent with the Agreement, the Buyer has the right to demand the Seller to lead the Goods to the proper condition by free of charge repair or exchanging the product with the new one. This right does not apply if the repair or exchanging are impossible or too expensive. In such a situation, or if the Seller is not able to fill such demands in the proper time, or if the repair or exchange can expose the Buyer to significant inconvenience, then Buyer has the right to demand the Seller to change the price of the defective Goods properly or to withdraw from the Agreement. The Buyer cannot withdraw from the Agreement if the inconsistency of the Goods with the Agreement is irrelevant.
5. In case of finding the Goods inconsistent with the Agreement, the Buyer shall inform the Seller about this fact, in a written form (address: P.P.H. “PASSAN” Sp. J. Andrzej Wojciechowski, 09-540 Sanniki, ul. Wschodnia 3, Poland), by fax (+48 2776 200) or e-mail (handlowy@passan.com.pl) within two months from the date of noticing it. In order to keep given term, it is enough to send the proper statement within.
6. The Seller is not responsible for the inconsistency of the Goods with the Agreement if two years passed from the date of releasing the Goods to the Buyer. This period is begun again in case of exchanging the Goods. If the sold Good is a secondhand product, this period is shortened to one year.
7. Before picking up, the Buyer is obliged to check whether the package was not damage during transportation process. It is especially important to check condition of packing tapes. If the Buyer notes that the parcel is damaged, or the tapes are broken, then they should not pick up the parcel and draw a special damage report with a courier. Then the Buyer is obliged to contact with the Seller in order to solve a problem. The lack of any damages regarding the quantity and quality of the parcels can have a negative influence on considering a complaint deriving from inconsistency of the Goods with the Agreement.


§ 8 Privacy Policy and personal data protection
1. An administrator of the personal data connected with orders processing, given by the Customers to the E-shop, is the Seller.
2. Personal data of the Buyer are processed to fulfill the Agreement properly, as well as for commercial purposes and to assert by the Seller, some claims regarding receiving of a payment for bought Goods and recompense possible damages made by the Buyer. No third parties has the personal data base available for commercial purposes. However, personal data of the Buyers can be shared to entities responsible for deliver the Goods.
3. The Buyers have the right to access and change their data. All personal data of the Buyers are given freely by themselves.
4. The Customers who during the registration process agreed to receive the Newsletter can have sent commercial information, especially regarding promotions and news of the E-shop
§ 9 Final Statements
1. For all matters do not mentioned in this Regulation, the Polish law, the Civil Code and other act shall be applied.
2. For solving of all disputes regarding sale of the Goods according to this Regulation, the Polish jurisdiction and the Polish law shall applied. This resolution does not apply the Consumers although.
3. All disputes regarding processing the Agreements based on this Regulation shall be solved by the courts territorially corresponding to the Buyer warehouse. This resolution does not apply the Consumers although.
4. The Seller reserves the right to change the consent of this Regulation. However with the restriction that for every orders applies the Agreement valid at the moment of placing the Order by the Customer.
5. The Regulation set forth was published and has been valid since May 10, 2014. For all Agreements made before this date, the previous Regulations shall be applied.


…………………………, date ……………….
(city, date)
…………………………………..

…………………………………..

…………………………………..

…………………………………..
(name, surname, address of the Consumer)
PPH PASSAN Sp.j. Andrzej Wojciechowski
ul. Wschodnia 3
09-540 Sanniki
POLAND
handlowy@passan.com.pl
fax. +48 24 2776 200

THE STATEMENT OF WITHDRAWAL FROM THE
AGREEMENT BY THE CONSUMER

I would like to inform that I withdraw from the Agreement of selling the following Goods:
- ……………………………………………………………………………………………………..

- ……………………………………………………………………………………………………..

- ……………………………………………………………………………………………………..

- ……………………………………………………………………………………………………..

Ordering date: ……………………………………………………………………...

Date of receiving the Goods:………………………………………………….

The Order’s number (optional):………………………………………………

Billing document’s number (optional):………………….…………

Please, return all made payments to the following bank account
(optional)……………………………………………………………………………………………………………………………


…………………………………………………..
(the Consumer sign –not required in case of statement sent by e-mail)

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