The conclusion of an Agreement between the Buyer and Seller may occur in two ways.
The Buyer has a right, before placing an order, to negotiate any contractual provisions with the Seller, in this also changing records of the following regulations. These negotiations should be carried out in writing form and targeted to the Seller's address (Przedsiębiorstwo Pszczelarskie/Apiarian Enterprise/ Tomasz Łysoń Ltd, limited partnership, Racławicka Str. No. 162, PL-34125 Sułkowice, Poland).
In the event of the resignation by the Buyer from the possibility to conclude the contract in the way of individual negotiations, applies the following rules of procedure and the applicable laws.
REGULATIONS (TERMS AND CONDITIONS)
1. Postal address - name and surname or name of institution, location in the town (in case of the town divided on the streets: street, building number, number of flats or premises; in case of the town, non-divided on streets: name of the town and the number of real estate), postal code and town.
2. Complaint address:Przedsiębiorstwo Pszczelarskie/Apiarian Enterprise/ Tomasz Łysoń Ltd, limited partnership Klecza Dolna No. 148, PL-34124 Klecza Górna, Poland.
3. Price list of deliveries – located at the address http://lyson.com.pl/content/ Summary of available types of delivery and their cost.
4. Contact details:
Przedsiębiorstwo Pszczelarskie/Apiarian Enterprise/ Tomasz Łysoń Ltd, limited partnership
Klecza Dolna No. 148, PL-34124 Klecza Górna, Poland.
phone: +48 33 875-93-24, +48 33 875-99-40
5. Delivery – the type of transport service together with an indication of the carrier and cost, listed in the pricelist of deliveries located at address http://lyson.com.pl/content/64-dostawa.
6. Proof of purchase – invoice, bill or sales slip, issued in accordance with the Act on the goods and services tax of 11 March 2004 with subsequent amendments and other relevant provisions of law.
7. A product card (product fiche) – single subpage of the online retailer (e-shop) containing information about an individual product.
8. Customer – an adult natural person with full legal capacity, legal person or an organisational unit not having legal personality and having legal capacity, making the purchase at the Seller associated directly with his business or professional activities.
9. The Civil Code – the Civil Code Act of 23 April 1964 with subsequent amendments.
10. A Code of Good Practice – a set of operating principles, and in particular ethical and professional standards, referred to in Article 2 point 5 of Act on counteracting unfair market practices of 23 August 2007 with subsequent amendments.
11. Consumer – an adult natural person with full legal capacity, making the purchase at the Seller not associated directly with his business or professional activities.
12. Shopping cart/shopping basket – the list of products drawn up from products offered in the store on the basis of selection by the Buyer.
13. The Buyer – both Consumer and Customer.
14. Place of the release of things – postal address or point of receipt, specified in the order by the Buyer.
15. The moment of the release of things – the moment, in which the Buyer or designated by him to receive a third party will seizure things.
16. Payment – method of payment for the subject matter of the contract and delivery, listed at address http://lyson.com.pl/content/65-platnosc
17. Consumer law – the Act on the rights of the Consumer of 30 May 2014.
18. Product – minimum and indivisible amount of things, which may be the subject of the order, and which is given in the Seller's shop, as a unit of measurement when determining its price (price/unit).
19. Subject matter of an agreement – products and delivery that are the subject of a contract.
20. The subject of the provision – subject matter of an agreement.
21. Point of receipt – the place of release of things not constituting postal address, listed in the statement made available by the Seller in the shop.
22. Thing – movable thing which may be, or which is the subject of the agreement.
23. Shop – Internet service available at address http://lyson.com.pl, through which the Buyer may place an order.
24. The Seller:
Przedsiębiorstwo Pszczelarskie/Apiarian Enterprise/ Tomasz Łysoń Ltd, limited partnership
Racławicka Str. No. 162, PL-34125 Sułkowice, Poland
Tax ID: 551-260-51-86 ,
National Economy Register (REGON): 121516572,
Inspector General for Personal Data Protection (GIODO): registered and appear in the records of the Central Registration and Information on Business (CEIDG) under address: or in National Court Register (KRS) under number: 0000384597
BANK ACCOUNT: 41 8110 0000 2001 0022 9645 0002
25. System – the IT equipment (hardware) and software set cooperating with one another, for processing and storage, as well as sending and receiving data through the telecommunication networks using the terminal (unit)/end-user device, appropriate for the type of given network, colloquially referred as Internet.
26. The implementation deadline – the number of hours or working days specified on the product card/ product fiche.
27. The agreement – a contract concluded outside the business premises of the entrepreneur or at a distance within the meaning of the Act on consumer rights of 30 May 2014 in the case of Consumers and the contract of sale within the meaning of Article 535 of the Civil Code Act of 23 April 1964 in the case of Buyers.
28. Defect – both the physical defect and legal defect.
29. Physical defect – incompatibility of the thing sold with the agreement, and, in particular, if the thing:
a. does not have properties, that thing of this kind should have in view of the objective in the contract, specified or resulting from circumstances or destination;
b. does not have properties, about the existence of which the Seller has assured the Consumer,
c. is not suitable for the purpose, about which the Consumer has informed the Seller at the conclusion of the contract, and the Seller did not raise any objections as to of such its destination;
d. was released to the Consumer in incomplete condition;
e. in the event of improper its install and run, if these steps have been made by the Seller or by a third party, for who the Seller is liable, or by the Consumer, who did according to the instructions received from the Seller;
f. does not have the properties, about which assured the manufacturer or his representative or a person who places the thing on the market in terms of their economic activities and the person who by putting on thing sold of his name, trade mark or another distinctive mark, presents itself as a manufacturer, unless the Seller did not know of these assurances neither, in assessing the reasonably, could not know or they could not have influence on the decision of the Consumer regarding the conclusion of the agreement, or when their content has been corrected before the conclusion of the agreement.
30. Legal defect – the situation, when the thing sold is the property of a third party or is encumbered with right of a third party, and also, if restriction on the use or managing of the thing results from the decision or the judgment of the competent authority.
31. Order – declaration of intent by the Buyer placed through the shop by specifying clearly: the type and quantity of the products; type of delivery; payment type; the place of release of thing, Buyer's data and directly aimed at the conclusion of the agreement between Buyer and Seller.
§2 General terms and conditions
1. The agreement is concluded in Polish, in accordance with the Polish law and these terms and conditions/regulations.
2. The place of release of thing must be located on the territory of the Republic of Poland.
3. The Seller is obliged and undertakes to provide services and deliver goods free from defects.
4. All prices given by the Seller are expressed in Polish currency and they are gross prices (incl. VAT). The prices of the products do not include the cost of delivery, that is specified in the price list of deliveries.
5. All time limits are counted in accordance with Art.111 of the Civil Code, that is, the period marked in days shall end with the expiry of the last day, and if the beginning of the period, indicated in the days is some event, when calculating the time limit shall not be taken into account the day, in which the event occurred.
6. Confirmation, making accessible, fixation, security all the relevant provisions of the agreement in order to obtain access to this information in the future occurs in the form of:
a. confirmation of the order by sending at the designated email address: of order, pro forma invoice, Information on the right to withdraw from the contract, these terms and conditions in pdf version, model form of withdrawal from the agreement in pdf version, links to download of the rules and the pattern of withdrawal from the contract, and other information required by law;
b. annexe to the realised order, sent to the indicated place of release of things printed: proof of purchase, information on the right to withdraw from the contract, these terms and conditions, the model form of withdrawal from the contract, and other information required by law.
7. The Seller shall inform about the known guarantees granted by third parties for the products in the shop.
8. Seller does not charge any fee for communication with him using the means of communication at a distance, and the Buyer shall bear the costs of communication in the amount resulting from the agreement which has concluded with a third party providing a particular service in his favour for communication at a distance.
9. Seller shall provide Buyer benefiting from the system the correct operation of the shop in the following browsers: version 7 or higher of IE, version 3 or higher of FireFox, version 9 or higher of Opera, version 10 or higher of Chrome, Safari with the latest versions of JAVA and FLASH, on screens with horizontal resolution of 1024 pixels. Using third-party software having an impact on the operation/functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may have an impact on the proper display of the shop, therefore in order to obtain the full functionality of the shop, they should all be off.
10. The Buyer can use the option of remembering his date by the shop in order to facilitate the process of placing of next order. To do this, the Buyer should provide the login and password, necessary to access to your account. Login and password are a string of characters determined by the Buyer, who is obliged to maintain them in secrecy and protect against unauthorised access by third parties. The Buyer has at any time the ability to access, correct, update the data and removing the account in the shop.
11. The Seller shall apply to the code of good practice.
§3 The conclusion and performance of an agreement
1.Orders can be placed 24 hours a day.
2. To place an order, the Buyer should carry out at least the following steps/operations and some of which may be repeated:
a. adding a product to cart/basket;
b. select the type of delivery;
c. select the type of payment;
d. the choice of the place of release of things;
e. placing an order in the shop by using the button “Order with obligation to pay”.
3. The conclusion of the agreement with a Consumer shall take place upon the moment of placing the order.
4. Fulfilment of an order of the Consumer, paid by cash on delivery, shall take place immediately, and fulfilment of an order paid by bank transfer or via the electronic payment system, after entering in the books of the payment of the Consumer on the Seller's account, what should be done within 30 days from placing an order, unless the Consumer has not been able to meet the provision no fault of their own and informed about it the Seller.
5. The conclusion of the agreement with the Customer shall take place from the moment of accepting an order by the Seller, who shall notify about it the Customer within 48 hours from the moment of placing an order.
6. Fulfilment of an order of the Customer paid by cash on delivery shall take place immediately after the conclusion of the agreement, and order paid by bank transfer or via the electronic payment system, after the conclusion of the agreement and after entering the payment of the Customer in the books on the Seller's account.
7. Fulfilment of an order of the Customer may be dependent on payment in full or part of the value of the contract or obtaining a limit of trade credit at least to the amount of the order value or consent of the Seller to sending an order on the basis of cash on delivery (paid on delivery).
8. Dispatch of the subject-matter of the contract shall take place within the time limit specified on the product card/product fiche, and for orders with multiple products in the longest time limit from specified on the product cards. The time limit shall begin to run from the moment of fulfilment of an order.
9. Purchased the subject matter of the agreement is sent together with the sales document selected by the Buyer with a mode of delivery selected by the Buyer to the place of release of thing indicated by the Buyer on the order, along with the attached annexes, referred to in §2 point 6b.
§4 The right to withdraw from the agreement
1. On the basis of the Article 27 of the Consumer law, the Consumer shall have the right to withdraw from the agreement concluded at a distance, without giving reasons and without the need to incur additional costs, with the exception of costs referred to in Article 33, Article 34 of the Consumer law.
2. The time limit of withdrawal from the agreement concluded at a distance is 14 days since the release of things, and to meet a deadline simply sending notice before the expiry of the time limit.
3. A Consumer may make a statement on withdrawing from the agreement on the form of which a specimen is given in Annex No. 2 to Consumer law, on the form which is available at address http://lyson.com.pl/content/59-reklamacje-i-zwroty or in another form, compatible with Consumer law.
4. The Seller will confirm immediately receipt of the statement/declaration on withdrawing from the agreement in the e-mail to the Consumer (given at the conclusion of the agreement and other, if it was given in made a declaration).
5. In the event withdrawal from the agreement, the agreement is considered null and void.
6. The Consumer is obliged to return of thing for Seller immediately, however not later than 14 days from the day on which he withdrew from the Agreement. To meet the deadline just send things back before its expiry.
7. The Consumer sends things back being the subject-matter of the agreement, from which he withdrew at his own expense and risk.
8. The Consumer shall not bear the costs of provision of digital content, that are not recorded on a tangible medium, if he has not given his consent on performance before the expiry of the time limit to withdraw from the agreement or was not informed of the loss of his right to withdraw from the agreement at the time of the granting of such consent or the trader did not provide confirmation in accordance with Article15 (1) and Article 21 (1) of the Consumer law.
9. The Consumer shall be liable for the reduction in the value of a thing, which is the subject of the agreement and as a result of using it as going beyond necessary to determine the nature, characteristics and functioning of the thing.
10. Seller shall immediately, not later than within 14 days from the date of receipt of the declaration to withdraw from the agreement submitted by the Consumer, will return to the Consumer all made by his payments, including the cost of delivery of the things, and if Consumer chose the way of delivery other than the cheapest, the usual way of delivery offered by the Seller, the Seller will not return to the Consumer of additional costs, in accordance with Article 33 of the Consumer law.
11. The Seller shall refund the payment using the same method of payment, which used Consumer unless Consumer expressly agreed to another method of payment, that is not associated with any costs.
12. The Seller may withhold the reimbursement payment received from Consumer until the moment of the receipt of the thing back or provide proof of its sending back by the Consumer , whichever occurs earlier.
13. In accordance with Article 38 of the Consumer law, the Consumer shall not have the right to withdraw from the agreement:
a. where 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 time limit to withdraw from the agreement;
b. in which the subject of the provision is the non-prefabricated thing, manufactured according to the specifications of the Consumer or to meet his individualised needs;
c. in which the subject of the provision is a thing which is liable to deteriorate or expire rapidly;
d. in which the subject of the provision is thing delivered in a sealed package, which could not be returned after opening due to health protection or for hygiene reasons, if the packaging has been opened after delivery;
e. in which the subject of the provision is things, which after the delivery, due to their nature, are inseparably connected with other things;
f. in which the subject of the provision is sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery;
g. to provide digital content, that is not recorded on a tangible medium, if compliance with the provision began with the express consent of the Consumer before the expiry of the time limit to withdraw from the agreement and after having informed him by the trader on the loss of the right of withdrawal;
h. to provide newspapers, periodicals or magazines, with the exception of the subscription agreement.
1. On the basis of Article558 §1 of the Civil Code, the Seller completely disables the responsibility towards Customers due to physical and legal defects (warranty).
2. The Seller is liable to the Consumer under the conditions referred to in Article 556 of the Civil Code and subsequent as defects (warranty).
3. In the event of the agreement with a Consumer, if the physical defect has been found before the end of the year since the release of things, it is assumed that it existed in the time of transition of danger to the Consumer.
4. If the thing sold has a defect, the Consumer can:
a. make a declaration on request a reduction in the price;
b. make a declaration to withdraw from the agreement; unless the Seller shall immediately and without undue inconvenience to the Consumer will replace the defective thing on free from defects or will remove the defect. If however thing was already replaced or repaired by the Seller or Seller does not satisfy his obligation of exchange thing on free from defects or removal of the defect, shall not have the right to replace of things or removal of the defect.
5. The Consumer may, instead of the removal of the defect proposed by the Seller, request an exchange of thing on free from defects or instead of exchanging things require removal of defects, unless bringing the thing into conformity with the agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared with the way proposed by the Seller, while when assessing the cost inordinateness it takes into account the value of thing free from defects, the type and importance of defects found, as well as are taken into account for the inconvenience, on what the consumer would be exposed by otherwise satisfy.
6. The Consumer can not withdraw from the agreement if the defect is irrelevant.
7. If the thing sold has a defect, the Consumer can also:
a. request an exchange of thing on free from defects;
b. demand the removal of a defect.
8. The Seller is obliged to replace the defective thing on free from defects or remove thedefect within a reasonable period of time without undue inconvenience to the Consumer.
9. The Seller may refuse the redress request Consumer if bringing defective things to conformity with the agreement in the manner chosen by the Buyer is impossible or, compared to the second possible way of bringing to comply with the agreement, would require excessive costs.
10. In the case where the defective thing has been mounted, the Consumer may require from the Seller of dismantling and re-installation after replacing to free from defects or removal of the defect, however, is obliged to pay part of the costs involved, which exceed the price of thing sold or he may require from the Seller of payment of part of the costs of dismantling and re-installation to the amount of the price of the thing sold. In the event of non-fulfilment of the obligation by the Seller, the Consumer is authorised to make these steps/operations at the expense and risk of the Seller.
11. A Consumer who exercises the powers of warranty, is obliged to provide the defective thing to the complaint address at the Seller's expense, and if due to the nature of the thing or its assembly method, delivery of thing by the Consumer would be extremely difficult, the Consumer is required to make things accessible for the Seller in the place where are things. In the event of non-fulfilment of the obligation by the Seller, the Consumer is authorised to send things back at the expense and risk of the Seller.
12. The cost of replacement or repair shall be borne by the Seller, except for the situation described in §5 point 10.
13. The Seller is obliged to accept the defective thing from Consumer in a case of replacing things for free from defects or withdraw from the agreement.
14. Within fourteen days, Seller shall respond to:
a. a statement about the request on the price reduction;
b. a statement about withdrawal from the agreement;
c. request the exchange of things for free from defects;
d. requests for removal of the defect.
Otherwise, it shall be deemed that the Seller recognised a statement or request the Consumer to be justified.
15. The Seller is responsible for a warranty, if the physical defect is detected before the expiry of two years since the release of things to the Consumer, and if the subject of sale is the thing used before the end of the year since the release of things to the Consumer.
16. The claim of the Consumer for the removal of defects or replacement of thing sold for free from defects, shall expire at the end of the year, from the date of finding defect, however, not earlier than before the expiry of two years since the release of thing to the Consumer, and if the subject of the sale is thing used not later than one year since the release of thing to the Consumer.
17. In the case when the expiration date of thing, determined by the Seller or themanufacturer, ends after two years since the release of thing to the Consumer, the Seller is responsible for a warranty for physical defects of this thing identified before the expiry of that period.
18. Within the time limits specified in the §5 point 15-17, the Consumer may make a declaration to withdraw from the agreement or price reduction due to a physical defect of the thing sold, and if the Consumer has requested the exchange of thing for free from defects or removal of the defect, the period of making a declaration to withdraw from the agreement or price reduction starts at the moment of ineffective lapse of the time limit to the exchange of thing or removal of defect.
19. In the event of proceedings before a court or conciliation court of one of the rights(entitlements) under a warranty, the deadline for the implementation of other rights to which the Consumer is entitled is suspended until the end of the final and valid termination of proceedings. Accordingly also applies to the mediation proceedings, while the deadline for the implementation of other rights under a warranty to which the Consumer is entitled , begins to run from the date of the refusal by the court of approval of the settlement concluded before the mediator or ineffective the completion of the mediation.
20. For the exercise of powers under a warranty for legal defects of thing sold shall apply §5 point 15-16, with the proviso that the period starts from the date , in which the Consumer has learned about the existence of defect, and if the Consumer learned of the existence of the defect only as a result of legal action by third person – from the date on which a judgment (the decision of the court) given in a dispute with a third party becomes enforceable.
21. If due to defects in thing the Consumer made a declaration to withdraw from the agreement or the price reduction, he may claim compensation for the damage, which incured by the fact that has entered into an agreement, not knowing about the existence of defect, even, if the damage was the result of circumstances, for which the Seller is not responsible and, in particular, may claim reimbursement of the costs of the conclusion of the agreement, the cost of receiving, transport, storage and insurance of thing, reimbursement of made expenditures to the extent that he did not benefit from them, and did not receive their reimbursement from a third party and reimbursement of litigation costs. Without prejudice to the provisions about an obligation to remedy the damage in the general principles.
22. The expiry of any time limit to finding the defect does not exclude the implementation of rights under a warranty if the Seller deceitfully concealed the defect.
23. The Seller if is obliged to provide or financial benefit to a Consumer will do it without undue delay, not later than the date provided for in the law.
1. The Seller is the administrator of personal data bases transmitted by the Buyers of a shop.
2. The Seller is committed to the protection of personal data in accordance with the personal data protection Act of 29 August 1997 and Act on providing electronic services of 18 July 2002. Buyer, by providing your personal data to the Seller when placing an order, shall agree on their processing by the Seller in order to carry out the order. The Buyer has, at any time, the ability to access/ review, correct, update and deleting your personal data.
§7 Final provisions
1. Nothing in these rules aims to the violation of the rights of the Buyer. Can not be also interpreted in this way, because in the event of a conflict between any part of the rules with applicable law, the Seller declares the absolute compliance with and application of this law in place of the contested (questioned) provision of the rules.
2. Registered Buyers will be notified by email (on the e-mail, indicated during the registration or ordering) about the changes of the rules of procedure and their scope. Notification will be sent at least 30 days before the entry into force of the new rules. The changes will be introduced in order to adapt the rules of procedure to the current legal status.
3. The current version of the regulations is always accessible for Buyer in the tab - regulations /terms & conditions (http://lyson.com.pl/content/63-regulamin). In the course of the fulfilment of an order and during throughout the period of the after-sales service and technical assistance, Buyer is subject to the regulations, which he accepted when ordering. Except when Consumer will consider it as less favourable from the current rules and will inform the Seller about the choice of the current rules, as applicable.
4. In matters not regulated by these regulations, are applied the relevant applicable legal provisions. Disputed/ controversial issues, if the Consumer expresses such the will, are solved through mediations before Voivodship Inspectorates for Trade Inspection or proceedings before conciliation court at Voivodship Inspectorate for Trade Inspection or on the basis of equivalent and lawful methods of the pre-trial proceedings or the outof-court dispute resolution procedures, indicated by the Consumer. In the last resort, disputes shall be resolved by a court of local jurisdiction.
Version 12.6 (Sułkowice 01-02-2015)