Terms & Conditions
Terms and Conditions of the Online Shop – www.7sun.pl
I. General provisions
- These Terms and Conditions define the general conditions, the manner of providing electronic services and sales conducted via the Online Shop www.7sun.pl. The Shop is operated by Paweł Sternal, conducting business under the name of Paweł Sternal FOTON, entered into the Register of Entrepreneurs of the Central Register and Information on Business Activity kept by the minister competent for economy at the address ul. Wojska Polskiego 8, 41-208 Sosnowiec, NIP [Tax Identification No.] 6443163595, REGON [National Business Registry No.] 240990583, BDO [Waste Management Database No.] 000495026 hereinafter referred to as the Seller.
- Contact with the Seller takes place through
- the following e-mail address: firstname.lastname@example.org;
- as well as via telephone: +48 534 318 667;
- and chat available on the Shop's website.
- These Terms and Conditions are continuously available on the website www.7sun.pl, in a way that it is possible to obtain, reproduce and preserve their content by printing or saving them on a storage device at any time.
- The Seller informs that the use of Services provided electronically may be connected with a risk on the part of each user of the Internet, consisting of the possibility of introducing harmful software to the Client's IT system and obtaining and modifying its data by unauthorised persons. In order to avoid the aforementioned risks, the Client shall use appropriate technical measures to minimise their occurrence, in particular, anti-virus software and a firewall.
The terms used in these Terms and Conditions have the following definitions:
- Working days – days from Monday to Friday excluding public holidays;
- Client – Entrepreneur within the meaning of Article 43  of the Polish Civil Code, with the exception of natural persons conducting a sole proprietorship, for whom the Agreement for the provision of Services by electronic means or sale is directly related to their business, but is not of a professional nature, arising in particular from the subject of their business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity;
- Polish Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended);
- Account – a part of the Online Shop assigned to a given Client, by means of which the Client may perform certain actions within the Online Shop;
- Consumer – a Client who is a consumer within the meaning of Article 22 of the Civil Code;
- Carrier – the entity or person who delivers the Goods ordered by the Client;
- Terms and Conditions – this document;
- Goods – a product presented in the Online Shop, the description of which is available next to each of the presented products;
- Sales Agreement – an agreement of sale of the Goods, as defined by the Civil Code, concluded between the Seller and the Client;
- Services – services provided by the Seller to Clients electronically within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
- Act on provision of services by electronic means – Act of 18 July 2002 on provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended);
- Order – Client's declaration of will, aiming directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.
III. Terms of using the Online Shop
- The use of the Online Shop is possible granted that the ICT system used by the Client meets the following minimum technical requirements:
- a computer or mobile device with Internet access,
- e-mail access,
- browsers: Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1 or later,
- Using the Online Shop means any action of the Client which leads to him/her becoming acquainted with the content of the Shop.
- The Client has the following obligations:
- not to provide or transmit content that is prohibited by law, e.g. content that promotes violence, is defamatory or infringes personal rights and other rights of third parties,
- use the Online Shop in a manner which does not disrupt its operation, in particular through the use of specific software or devices,
- not to take actions such as: sending or posting unsolicited commercial information (spam) within the Online Shop,
- use the Online Shop in a manner not burdensome for other Clients and the Seller,
- use any content of the Online Shop only for their own personal use,
- use the Online Shop in a manner consistent with the provisions of the law in force in the Republic of Poland, the provisions of the Terms and Conditions and the general principles of using the Internet.
- The Seller via the Online Shop makes available free Services, which are provided by the Seller 24 hours a day, 7 days a week.
- The Service of maintaining an Account in the Online Shop is available after registration. Registration takes place by completing and accepting a registration form, made available on one of the pages of the Online Shop. The agreement for the provision of services consisting in maintaining an Account in the Online Shop is concluded for an indefinite period of time and shall terminate upon the submission by the Client of a request to delete the Account.
- The Client has the possibility to receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Client (Newsletter service). For this purpose, he must provide a valid e-mail address or activate the corresponding field in the registration form or the Order form. The Client may revoke consent to sending commercial information at any time. The Newsletter Service agreement shall be entered into for an indefinite period of time and shall terminate upon the Client's sending a request to remove his/her e-mail address from the Newsletter subscription service or unsubscribe from the Newsletter service with the use of a link contained in the message sent under the Newsletter Service.
- The Client may compare Goods using the Compare Service. The agreement for provision of the Service consisting in comparing Goods is concluded for a definite period of time and terminates as soon as the Goods are removed from the "Compare" list or the Client terminates the browser session.
- The Client, who has an account in the Shop, can send a request for quotation of the Goods. The agreement for provision of the Service consisting in sending a request for quotation of selected Goods to the Seller terminates when the button "Send" is pressed or when the Client terminates the browser session.
- The Client has the possibility to send messages to the Seller using the "Inquire about the Goods" form available on the page with each Good. The agreement for the provision of the Service consisting in the provision of an interactive "Inquire about the Goods" form enabling the Clients to contact the Seller concerning the Goods is concluded for a definite period of time and is terminated at the moment of sending the message by the Client.
- The Client can contact the Seller via a chat available on the Shop website. The agreement for the provision of the Service consisting in making available an interactive chat room enabling the Clients to contact the Seller is concluded for a definite period of time and terminates as soon as the Client closes the chat room or leaves the website of the Online Shop.
- The Seller has the right to organise occasional competitions and promotions, the terms of which will be stated on the Shop's websites each time. Promotions in the Online Shop cannot be combined, unless the Rules of a given promotion state otherwise.
- In the case of violation by the Client of the provisions of these Terms and Conditions, the Seller, after a prior failed call to cease or remove the violations, setting an appropriate deadline, may terminate the agreement for the provision of Services upon 14 days' notice.
V. Procedure for concluding the Sales Agreement
- Information about the Goods given on the websites of the Shop, in particular their descriptions, technical and usable parameters as well as prices, constitute an invitation to conclude an Agreement, within the meaning of Article 71 of the Civil Code.
- All Goods available in the Online Shop are brand new and have been legally introduced into the Polish market.
- Actions aimed at concluding an Agreement, in particular placing an Order, may only be performed by persons duly authorised to act on behalf of the Client. It is assumed that the person placing the Order is the person authorised by the Client to do so.
- The condition for placing an Order is having an active e-mail account as well as an Account in the Shop and logging into it.
- In the event of placing an Order via the Order form available on the website of the Online Shop, the Order is placed by the Client to the Seller in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods subject to the Order. An offer made in electronic form is binding upon the Client, if the Seller sends to the e-mail address provided by the Client a confirmation of acceptance of the Order for execution, which constitutes the Seller's statement of acceptance of the Client's offer, and upon receipt thereof by the Client a Sales Agreement is concluded.
- Placing an Order in the Online Shop via telephone, by sending an electronic message or by sending a message via the contact form takes place on Working Days and during the hours indicated on the website of the Online Shop. For this purpose, the Client should:
- specify in a phone call, in an e-mail or in a message sent via the contact form, addressed to the Seller the name of the Goods from among the Goods on the website of the Shop and their quantity,
- indicate the method of delivery and method of payment from among the methods of delivery and payment given on the Shop's website,
- provide the data needed to complete the Order, in particular: name and surname, place of residence and e-mail address.
- Information on the total value of the Order, referred to above, is given each time by the Seller verbally after the Order has been completed, or by e-mail, together with information that conclusion of the Sales Agreement by the Client entails the obligation to pay for the ordered Goods, and the Sales Agreement is concluded at that moment.
- The Sales Agreement shall be concluded in the Polish language, with the contents in compliance with the Terms and Conditions.
- The Seller reserves the right to refuse the execution of an order, in particular when the Order does not contain all the relevant data, when the Client delays any payment to the Seller or for other reasons indicated by the Seller.
- The Seller will inform the Client about the refusal of the Order, regardless of the reason, by telephone or e-mail.
- The Seller may withdraw from the Agreement in whole or in part at any time. If an Order is executed in parts, withdrawal shall have effect only in relation to that part of the Order which has not been executed, in particular which has not been delivered to the Carrier, unless otherwise specified in the Seller's statement of withdrawal from the Agreement.
- The Seller shall, at his discretion, send the statement of withdrawal referred to in section 11 above by e-mail to the e-mail address indicated by the Client in the Order
Delivery of the Goods includes the territory of the Republic of Poland, the territory of the European Union and European non-EU countries. Delivery shall be made to the address indicated by the Customer when placing the Order.
- Delivery of the Goods is limited to the territory of the Republic of Poland and is carried out to the address indicated by the Client in the course of placing the Order.
- Delivery of Goods is carried out through a Carrier, i.e. through a courier company, forwarding company or through the Seller's own transport. The Client can collect the Goods at the Seller's personal collection point.
- If different lead times are stipulated for the Goods covered by the Order, the longest of the stipulated periods shall apply to the entire Order.
- As soon as the Goods which are the subject of the Order are handed over to the Carrier, the benefits and burdens of the Goods and the risk of accidental loss or damage to the Goods shall pass to the Client.
- Delivery is made on working days. The Seller may arrange individually with the Client the delivery also on days other than Working Days.
- Delivery of the Goods shall take place at the time indicated by the Seller.
- The Client is obliged to check the condition of the Goods upon their receipt. If any damage is found or other objections are raised upon receipt of the Goods, a report of objections should be drawn up in the presence of the Carrier, specifying the exact quantity and type of Goods and their damage in accordance with the procedure in force at the given Carrier.
- The Seller is not responsible for the actions of the Carrier.
- The Seller is not liable for damages resulting from incorrect or incomplete data provided by the Client during the Order placement process, as well as caused by incorrect contact details or the address of receipt.
- It is assumed that the person collecting the Goods on behalf of the Client is the person authorised by the Client to take delivery and sign on his behalf the delivery documents, as well as to perform other actions related thereto.
- In the event of the Client's failure to collect the Ordered Goods on one occasion, if they were delivered via a Carrier, the Seller may, at his discretion, set another date for the Client to collect or deliver the Order, or terminate the Agreement immediately with the Client or withdraw from it on the terms specified in these Terms and Conditions. In addition, the Client shall be obliged to pay the costs incurred by the Seller for failure to collect the Goods referred to in this subsection and the cost of shipping the Goods.
- The Client undertakes to pay all costs incurred by the Seller due to the Client's failure to collect the ordered Goods.
- The Seller shall not be liable for any damage caused to the Client as a result of waiting for loading by transport organised by the Client, as a result of failure to adhere to the time limit for collection of the Goods indicated in the Order or otherwise specified by the Seller.
- The Seller shall provide the Client with an electronic invoice.
VII. Prices and payment methods
The prices of the Goods are given in Polish zloty and include all components, including VAT, customs duties and other charges. In the case of foreign Contractors, the price is given in Euro.
- The Client can choose the following payment methods:
- bank transfer to the Seller's bank account (in this case the processing of the Order will be initiated after the Seller has sent the Client a confirmation of acceptance of the Order, and the Order will be dispatched immediately after the funds have been credited to the Seller's bank account and the Order has been completed);
- cash on delivery – payment at the Seller's personal collection point (in this case the Order will be executed immediately after the Seller sends confirmation of Order acceptance to the Client, and the Goods will be made available at the Seller's personal collection point);
- The Seller may also provide an Entrepreneur with a payment method including deferred payment, hereinafter referred to as "Trade Credit". In this case, execution of the Order shall commence after the Seller has sent an Entrepreneur a confirmation of acceptance of the Order and the shipment shall be made immediately after completion of the Order. The payment period will be agreed individually with the Entrepreneur. The payment period shall not exceed 90 days.
- The decision to grant Trade Credit and its terms and conditions, in particular its maximum amount and payment period is granted by the Seller individually for each Client.
- For information on how to request a Trade Credit, the Client shall contact the Seller individually.
- The Seller has the right to refuse to grant Trade Credit to the Client or to change its amount at any time without providing a reason. The above provision shall not apply to Sales Agreements concluded before changing the amount of the Trade Credit by the Seller. The information about the refusal to grant Trade Credit or about the change of its amount is communicated by the Seller by e-mail to the Client's address indicated by the Client during his contact with the Sales Supervisor.
- The Client shall not deduct or subtract any amounts claimed or due from the Seller under any other obligation between him and the Seller or from the remuneration the Seller is entitled to from the Client, unless the Parties have agreed otherwise under separate arrangements.
- The Seller shall have the right to withhold execution of Orders or delivery of Goods, or may withdraw from the Agreement in whole or in part, in the event of delay in payment by the Client to the Seller. The Client shall not be entitled to any present or future claims for damage or loss of profit that may arise in connection with the suspension of deliveries.
VII. Liability, defects in the Goods
- The warranty for defects referred to in the Civil Code is excluded.
- The Seller shall not be liable in particular in the event of storage, transport or use of the Goods contrary to the information contained in the description of the Goods and on their labels.
- The Seller's liability for lost profits towards the Client is excluded.
- Any liability of the Seller arising from the Agreement for sale or provision of Services to the Client shall be limited to half of the amount resulting from the last Order placed by the Client.
- The Client shall not be entitled to any claims against the Seller on Account of third party claims arising from the use of the Goods.
IX. Complaints concerning the provision of electronic services
- The Client may submit complaints to the Seller in relation to the functioning of the Shop and the use of the Services. Complaints can be made in writing to the following address: Paweł Sternal FOTON, ul. Bończyka 33, 41-400 Mysłowice, at the e-mail address: email@example.com, telephone number +48 534 991 991.
- In the complaint, the Client should provide his/her name, correspondence address, type and description of the problem.
- The Seller undertakes to examine each complaint within 14 days, and if this is not possible, to inform the Client when the complaint will be examined. In case of deficiencies in the complaint, the Seller shall call the Client to supplement it to the extent necessary within 7 days from the date of receipt of the call by the Client.
- Goods may come with a manufacturer's warranty.
- In the case of Goods under warranty, information on the existence and content of the warranty and the period for which it is granted shall be each time presented in the description of the Goods on the websites of the Shop.
XI. Intellectual property
- The Client agrees not to use the Seller's trademarks, trademarks or symbols without the Seller's prior consent.
- Any drawings, specifications, technical sheets, advertising materials or other materials made available by the Seller to the Client or to the public shall be the sole property of the Seller. The Client shall not make changes to these materials without the prior consent of the Seller.
- The Client, on his/her own or on the basis of an appropriate authorisation, grants the Seller a free, non-exclusive and temporally and territorially unlimited licence for the logotype of the Client's business activity, to use it for purposes of the Seller's business activity in the following fields of exploitation: recording, multiplication by any method, uploading of the work into computer memory and into a computer network, public display or reproduction on the Internet, in particular on the Seller's websites.
- The Client agrees for the aforementioned data to be included in the list of the Seller's Clients, available, among others, on the Seller's website.
XII. Personal data protection
XIV. Final provisions
- The Client shall be obliged to immediately notify the Seller of any changes of delivery addresses, authorisations, powers of attorney, or else correspondence and execution of Orders placed by previously authorised persons shall be deemed valid and delivery to the last address indicated shall be deemed effective.
- All rights to the Online Shop, including proprietary copyright, intellectual property rights to its name, Internet domain, the Online Shop website, as well as to the forms, logotypes belong to the Seller, and the use of them may take place only in the manner specified and compliant with the Terms and Conditions.
- If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable in any respect under the law, this will not affect the validity of the remaining provisions of these Terms and Conditions.
- All cases and disputes arising from the Orders or Agreements concluded between the Seller and the Client, in particular those related to establishing a legal relationship between the Seller and the Client, its execution, termination, invalidation and pursuing claims for damages for non-performance or undue performance of the Order or the Agreement shall be subject to the exclusive jurisdiction of competent courts of the Republic of Poland and the Polish law.
- The court with the exclusive jurisdiction to resolve any disputes arising from agreements or execution of Orders concluded between the Seller and the Client shall be the court having jurisdiction over the Seller's registered office.
- In matters not regulated by these Terms and Conditions, the provisions of the Civil Code shall apply.
- The content of these Terms and Conditions is subject to change. Amendments to the Terms and Conditions shall come into force as of the date of their publication on the Seller's website. The amendments do not apply to orders placed before the date of entry into force of the Terms and Conditions.