Regulations
TERMS AND CONDITIONS OF THE ONLINE STORE WWW.MONUMENT.EN
z 11.07.2014
1. Definitions
1.1 Regulations - these Regulations, defining the rules for the conclusion of distance sales agreements through the Internet Store, the rules for the execution of these agreements, the rights and obligations of the parties to the distance sales agreement and the rules of the complaint procedure. With regard to services provided electronically, the Regulations are, respectively, the regulations referred to in Art. 8 Law on Provision of Electronic Services.
1.2 Customer - a natural person with full legal capacity, a legal person or an organizational unit without legal personality, which is granted legal capacity by the law, who concludes a Distance Sales Agreement with the Seller.
1.3 Consumer - consumer within the meaning of art. 22 1 of the Civil Code. According to the statutory definition: a Consumer is defined as a natural person making a legal transaction with an entrepreneur that is not directly related to his/her economic or professional activity.
1.4 A natural person conducting a sole proprietorship making a purchase of a non-professional nature - a natural person entering into a Distance Sales Agreement directly related to his/her business activity, when it is clear from the content of the agreement that it is not of a professional nature for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity, to whom the law grants the right to: to withdraw from the contract under the rules granted to Consumers, to apply the provisions on prohibited clauses used in contract templates and concerning liability for defects of the sold thing for warranty.
1.5 Vendor - Monument Skate Shop, tel. 817184880, mail@monument.pl, NIP 949-134-47-58, REGON 152056920.
1.6 Seller's registered address - 31 Najświętszej Maryi Panny Avenue, 42-200 Częstochowa.
1.7 Online Shop - Internet service run by the Seller, available at electronic addresses: monument.en through which the Customer can obtain information about the Goods and their availability and buy the Goods or order a service.
1.8 Distance sales contract - contract for the sale of Goods/provision of services/delivery of digital content (if applicable), concluded through the Online Store.
1.9 Merchandise - a movable thing that the Customer may purchase from the Online Store.
1.10 Privacy and Cookies Policy of the Online Store - document setting out detailed rules for the processing of personal data and the use of cookies. The privacy and cookies policy is attached as Appendix 3 to the Terms and Conditions and is available at https://monument.en/pol-privacy-and-cookie-notice.html.
1.11 Durable carrier - means a material or tool that allows the Customer or the Vendor to store information addressed personally to the Customer, in a manner that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used and that allows the stored information to be reconstructed unchanged, in particular electronic mail.
1.12 Electronic order form - electronic ordering procedure made available by the Seller to the Buyer.
1.13 Electronic return form - electronic returns procedure made available by the Seller to the Buyer; available at https://monument.en/returns-open.php.
1.14 Electronic complaint form - electronic complaint procedure made available by the Seller to the Buyer; available at the following address https://monument.en/rma-open.php.
1.15 Sending an order - Approval of the order by clicking by the Customer on the button "Order with obligation to pay" treated as submission by the Customer of a binding declaration of intent to conclude a Distance Sales Agreement with the Seller.
1.16 Account - a set of data stored in the Online Store and in the Seller's ICT system concerning a given Customer and the orders placed by him or her and the distance Sales Agreements concluded, using which the Customer may place orders, and in due time - cancel or edit them and conclude Distance Sales Agreements.
1.17 Evaluation of order handling and Evaluation of individual goods - Subjective statements and ratings given by the customer in the form of stars from 1 to 5 for the Online Store after the completed Order.
2. General provisions
2.1 Types and scope of services provided electronically:
2.1.1 concluding Online Sales Agreements - with respect to Goods sold in the Online Store,
2.1.2 rules for registration and use of the Account within the Online Store,
2.1.3 add reviews, comments and ratings - Customers can add an opinion or comment to their order,
2.1.4 sending e-mails in which the Seller confirms receipt of the order, receipt of payment, if any, acceptance of the order for processing.
2.2 The use of the Online Store is possible provided that the computer system used by the Customer meets the following minimum technical requirements:
2.2.1 web browsers i.e. Firefox, Chrome, Internet Explorer in the current version,
2.2.2 any program from viewing PDF files.
2.3 The content posted on the pages of the Online Store, including descriptions of the Goods and prices, constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code. They become binding - for the purpose of concluding a specific contract - only when the Customer sends an order, which is done by clicking the "Order with obligation to pay" button".
2.4 The Seller shall make these Terms and Conditions together with the Attachments available via a link located on the home page before the conclusion of the Distance Sales Contract, during and after the conclusion of the Contract. The buyer can download it and make a printout of it.
2.5 In order to ensure the security of the transmission of messages and data in connection with the services provided, the Online Store takes technical and organizational measures appropriate to the degree of security of the services provided, in particular, measures to prevent the acquisition and modification by unauthorized persons of personal data transmitted on the Internet.
3. Orders
3.1 Placing an order in the Online Store can be done through your Account or you can choose to purchase without registering.
3.2 Purchases are made by completing the Electronic Order Form available on the pages of the Online Store. The selection of the ordered Goods is made by adding them to the shopping cart. The electronic order form specifies m.in. what Goods, at what price and in what quantities the Customer wants to order to the location indicated by him/her. The customer takes the appropriate technical steps based on the messages displayed.
3.3 After the customer enters all the necessary data, a summary of the placed order will be displayed. The order summary will contain information regarding: data identifying the Seller, the subject of the order, the unit and total price of the ordered Goods, including delivery and other costs if any, the selected method of payment, the selected method of delivery, the time and cost of delivery.
3.4 If the subject of the contract is the delivery of digital content that is not recorded on a tangible medium or services provided electronically or at a distance - the Consumer in the additional wantcbox, required to place an order and located on the Electronic Order Form, gives the following consent: "I consent to the delivery of digital content that is not stored on a tangible medium or to the commencement of the service before the expiration of 14 days from the date of conclusion of the contract and I acknowledge the loss of the right to withdraw from the contract". The seller will confirm receipt of the above consent by email.
3.5 In order to place an Order, it is necessary to provide personal data marked as mandatory in the Electronic Order Form, to accept the content of the Terms and Conditions, to send the order by pressing the button "Order with obligation to pay".
3.5.1 The sending of the Electronic Order Form by the Customer constitutes a binding declaration of intent to conclude a Distance Sales Agreement in accordance with the content of these Regulations.
3.5.2 A distance sales contract is considered to be concluded at the moment the Seller accepts the Electronic Order Form, which is confirmed by displaying to the Buyer a message confirming acceptance of the order and providing the order number.
3.5.3 After concluding a Contract of Sale at a distance, the Customer receives, in the form of an e-mail, a confirmation of the placed order, containing: confirmation of acceptance of the order and containing final confirmation of all material elements of the Order and the general terms and conditions of the concluded Contract of Sale at a distance (Regulations of the Internet Shop with Annexes No. 1 and 2), data of the Seller, the Seller's responsibility for the quality of performance, about the services provided by the Seller after the sale and about the manner and effects of withdrawal from the contract. An instruction as to the manner and consequences of withdrawal from the contract is contained in Appendix No. 2.
3.5.4 Until the Seller begins processing the order:
3.5.4.1 The customer can change his order using the technical solution available on the Electronic Order Form page and going through the entire order path again. The order is changed by placing a new order, which takes the place of the previously placed one. Alternatively, the payment made by the customer is settled against the new order, and in the case of an overpayment, it is returned to the bank account from which the payment was made.
3.5.4.2 The customer can cancel his order by selecting the "cancel order" option available on the Electronic Order Form page.
3.5.5 If the Customer cancels an order, the Seller shall refund the payment received within 3 working days. The payment will be refunded using the same method of payment used by the customer.
3.5.6 The execution time of the Order is from 1 to 45 working days counting from the day of concluding the contract.
4. Payment
4.1 The online store offers the possibility of payment in the form of prepayment , cash on delivery, with payment on account after delivery. Deferred payment option is possible in situations individually agreed with the Seller.
4.2 Payment for goods can be made by the method selected at the time of ordering on the Electronic Order Form.
4.3 The currently available prepaid payment methods in the Online Store are available at https://monument.en/pol-payments.html.
5. Delivery
5.1 On the Electronic Order Form, the customer selects the method of delivery by marking the choice made. The Seller reserves the right to change the method of delivery chosen by the Customer at no additional cost to the Customer.
5.2 In the event that the Goods are not collected by the Customer, resulting in the return of the Goods to the Seller - the Seller may withdraw from the contract of sale. Withdrawal from the contract is made by submitting a statement to the customer in the form of an e-mail message.
5.3 In the situation indicated in item 2, the Seller shall immediately return to the Customer the payment received for the Goods purchased by the Customer.
5.4 The currently available delivery methods in the Online Store are available at https://monument.en/pol-delivery.html.
6. Withdrawal from the contract - electronic return form
6.1 A buyer who is a Consumer who has entered into a Distance Sales Contract may withdraw from it within 14 days without giving any reason. In the case of withdrawal from the Sales Agreement concluded at a distance - the agreement is considered not concluded.
6.2 The right to withdraw from the contract under the terms of Chapters 6 and 7 of these Regulations also applies to a sole proprietor making a non-professional purchase.
6.3 The seller will verify the entitlement of the person indicated in point 2 to submit a statement of withdrawal from the Agreement. Verification is done by checking whether the concluded contract does not have a professional character for this person - which, in particular, is done by analyzing the PKD codes indicated in the Central Register and Information of Economic Activity.
6.4 In the case of recognition that the purchase of Goods made by a sole proprietor in the Online Store was of a professional nature - the Seller shall immediately, i.e. no later than within 3 working days of receipt of the statement of withdrawal - inform the person making the statement that due to the professional nature of the purchase made - there is no right of withdrawal, and therefore the statement made about the withdrawal from the contract - does not have legal effects. If a physical return of the Goods has been made along with the declaration of withdrawal - the Goods will be sent back at the expense of the person making the declaration and to the address details previously provided in the Order. The Vendor's response will be given using the same method used by the person making the statement.
6.5 In case of withdrawal from the contract - the Consumer shall bear only the direct costs of returning the Goods.
6.6 The Consumer's statement must unambiguously express his will to withdraw from the contract, in particular, the Consumer may:
6.6.1 use the electronic return form available on the website of the Online Store: https://monument.en/returns-open.php.
6.6.2 withdraw from the contract using the form of withdrawal from the contract, which is Attachment No. 1 - by sending it to the address Monument Krakowskie Przedmieście 55, 20-076 Lublin.
6.6.3 The Seller shall immediately confirm on a durable medium the fact of receipt of the declaration of withdrawal from the contract submitted in the manner indicated in subsections 1 and 2.
6.7 Sending the statement before the deadline is sufficient to meet the deadline.
6.8 The period for withdrawal from the contract begins:
6.8.1 for a contract in the performance of which the Seller issues a thing, being obliged to transfer its ownership - from taking possession of the Goods by the Consumer or a third party indicated by him other than the carrier, and in the case of a contract which:
6.8.1.1 includes multiple items that are delivered separately, in batches or in parts - from taking possession of the last item, batch or part;
6.8.1.2 consists in the regular delivery of things for a fixed period of time - from taking possession of the first of the things;
6.8.2 for other contracts - from the date of conclusion of the contract.
6.9 Form of declaration of withdrawal from the contract (Appendix No. 1 to these Regulations) and information on the exercise of the right of withdrawal (Appendix No. 2 to the
of these Regulations) shall be transmitted in the electronic form indicated in III, point 5(3) of these Regulations.
6.10 The right of withdrawal from a Distance Sales Contract does not apply to the contracts indicated in Art. 38 of the law of 30.05.2014. (OJ.U. of 2019. pos. 134) on consumer rights, m.in. Contracts:
6.10.1 in which the price or remuneration depends on fluctuations in the financial market, over which the trader does not control, and which may occur before the expiry of the deadline for withdrawal from the contract;
6.10.2 whose object of performance is a non-refabricated item, manufactured to the Customer's specifications or serving to meet his individualized needs;
6.10.3 whose object of performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;
6.10.4 whose object of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
6.10.5 on the supply of digital content and electronic licenses that are not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the trader has informed him of the loss of the right of withdrawal;
6.10.6 the subject of which is a perishable item or has a short shelf life, and in which the subject of performance are things that after delivery, due to their nature, become inseparable from other things;
6.10.7 for the supply of daily newspapers, periodicals or magazines, except for a subscription contract;
6.10.8 concluded through a public auction;
6.10.9 for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
6.10.10 in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control;
7. Effects of withdrawal from the contract of sale of goods
7.1 Seller within 14 days from the date of receipt of the statement of withdrawal from the Agreement for the sale of an item, will return to the Consumer all payments made by him, including delivery costs, corresponding to the cheapest delivery method offered by the Seller.
7.1.1 The payment will be refunded using the same method of payment used by the Consumer.
7.1.2 If the Consumer in order to exercise the right of withdrawal - uses the Electronic Return Form - the funds will be returned by the chosen method and to the bank account provided by the Consumer.
7.2 If the Seller has not offered to collect the Goods from the Consumer itself, it may withhold the refund of the payment received from the Consumer until it receives the Goods back or the Consumer provides proof of their return, whichever event occurs first.
7.3 The Seller may offer the Consumer to collect the item from him himself. However, if the Seller has not made such a proposal - the Consumer should return the item to the Seller (or a person authorized by the Seller to receive it) immediately, but no later than 14 days from the date on which he withdrew from the contract. To meet the deadline it is sufficient to send the item back before the deadline. Goods that the Consumer returns should send them to the address of the Seller's registered office.
7.4 The consumer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
8. Complaints
8.1 The Seller is obliged to deliver Goods free from physical and legal defects and is responsible to the Customer for physical and legal defects of the purchased Goods under the terms of the Civil Code.
8.2 If, after ownership of the Goods has passed to the Buyer, the Buyer finds that the Goods have physical or legal defects, the Buyer may file a defect warranty claim with the Seller:
8.2.1 via the Electronic Claim Form;
8.2.2 in writing to the address of Monument Krakowskie Przedmieście 55, 20-076 Lublin or by e-mail to poczta@monument.en.
8.2.3 In the notification, it is necessary to specify the defect that the Buyer believes the goods have, the claims against the Seller, and if possible - to document the said defect and provide proof of purchase of the Goods in the Online Store. The seller is obliged to respond to the complaint within 14 days of its receipt. If he did not respond within the aforementioned period, it is considered that he acknowledged the complaint. The Seller's response to the complaint shall be provided to the Buyer in writing or on a Durable Medium.
8.2.4 The steps to be taken by the Buyer to file a complaint, including the method of delivery of the advertised Goods to the Seller, are indicated at various stages in the Electronic Complaint Form. In the event that the Buyer uses a method of filing a complaint other than through the Electronic Complaint Form - the Seller will inform the Buyer about further steps of the complaint procedure in a manner corresponding to the manner of the complaint filed.
8.2.5 In the event that the Seller recognizes the complaint as justified: the cost of replacement, repair, including the cost of shipping associated with the complaint of the Goods shall be borne by the Seller.
8.2.6 The seller will verify whether a complaint submitted by a sole proprietor making a non-professional purchase is of a non-professional nature for that person. Verification is done by analyzing the PKD codes indicated in the Central Registration and Information of Economic Activity.
8.2.7 If, following a complaint filed by the Consumer, the dispute has not been resolved, the Seller shall provide the Consumer with a statement on paper or any other permanent medium about:8.2.7.1 the intention to request the initiation of proceedings for out-of-court settlement of consumer disputes or consent to participate in such proceedings or
8.2.7.2 refusal to participate in the procedure for out-of-court settlement of consumer disputes.
9. Feedback
9.1 Within a certain period of time after the completion of the Order, the Customer who has an Account - may be asked in an email to add an Order Service Rating and an evaluation of individual goods. Evaluation of order handling and evaluation of individual goods is voluntary and free of charge, and in order to do so, click on the link that takes you to a separate page. Within a single order - the customer can only add the above-mentioned evaluation once.
9.2 Within the aforementioned Ratings, the customer can give a star rating from 1 to 5 and add a verbal statement limited to 65,535 word characters. The aforementioned Assessments are automatically signed with the Client's name and city, which is indicated by the Client when registering the Account.
9.3 Evaluations are stored and presented to the public on the website of the Online Store, as well as on the websites of Partners.
9.4 Vendor does not substantively verify, does not control Order Assessments. The buyer is solely and independently responsible for the statement made under the Assessments. The Seller is entitled to block the Assessments in whole or in part under the terms of the law and these Regulations.
9.5 It is unacceptable to post content that contains information that is untrue, misleading, vulgar, aggressive, offensive in nature or that is clearly considered to be against good morals. It is also unacceptable to post content of an unlawful nature, violating the rights of third parties, or constituting an act of unfair competition.
9.6 The customer agrees not to post content that contains links to external websites, of a promotional or advertising nature, or that contains personal information of third parties. It is also forbidden to post content of an unlawful nature, in particular constituting an act of unfair competition, etc.
9.7 The customer is responsible for the statements he edits and posts, in particular he is responsible for violating the rights or property of third parties
9.8 At the express request of the Customer, the content of the Ratings may be hidden to other users of the Store, but the awarded rating in the form of stars is included in the overall rating of the Store and the Goods.
10. Intellectual property
10.1 The Customer declares that he/she is not entitled to any rights, including copyrights or related rights to the evaluations and statements posted by him/her, except the right to use the Online Store in the manner specified in the Regulations. The Customer shall not be entitled to any recording, reproduction, sharing, publicizing or disseminating of the content, unless such right arises from the law or the Terms and Conditions.
10.2 The customer is not authorized to interfere in any way with the content, structure, form, graphics, mechanism of operation, or other elements of the Online Store.
10.3 The customer posting Assessments on the Online Store, which constitute works within the meaning of the Act of 4.2.1994. on Copyright and Related Rights - grants the Seller a non-exclusive and gratuitous and not limited in time and territory license to use these works by the Seller, together with the right to grant sublicenses to the Seller's Partners, which includes making the work available to the public in such a way that anyone can have access to it at a place and time of their choosing (Internet). The license is granted for all fields of exploitation known at the time of its granting, in particular for the following fields of exploitation:
10.3.1 to the extent of fixation and reproduction of the work by any technique - in particular, by printing, reprography, magnetic recording, digital techniques, i.e. using any techniques on any audiovisual or visual medium, in particular, on audiovisual discs, CDs, computer disk, in a multimedia network, including the Internet and related online services and reproduction, fixation, use on the Internet, advertising, reproduction of the recording in electronic form in computer memory and in internal and external networks,
10.3.2 use of the whole or fragments or any elements of the work with the possibility of making modifications resulting from the essence of the given Internet medium - in all publications, especially online, digital, newsletters and information, alone or in combination with other works or fragments of works; use in whole or in fragments for promotion and advertising, especially in the form of audiovisual, audio, media advertising.
10.3.3 within the scope of circulation of the original or copies on which the work was fixed - introduction into circulation, lending, rental of the original or copies
10.3.4 in the scope of dissemination of the work in a manner other than specified above - public performance, exhibition, display, reproduction, as well as broadcasting and rebroadcasting, as well as making the work available to the public in such a way that everyone can have access to it at a place and time of their own choosing,
10.3.5 use of works for promotional and marketing purposes;
10.4 The deletion of the Account by the Customer or the Appraiser pursuant to Section 9(8) does not affect the validity of the above license.
11. Final provisions
11.1 These Terms of Use are effective as of 2021.02.24.
11.2 If any of the provisions of these Terms and Conditions is modified or invalidated by a decision of a competent authority or court, the remaining provisions shall remain in force and bind the Seller and the Customer.
11.3 The governing law for the resolution of all disputes related to the Regulations is Polish law. These disputes will be resolved by the locally competent common court. A customer who is a Consumer may also use out-of-court ways of dealing with complaints and claims. All information on out-of-court ways to handle complaints and claims can be obtained from the website of the Office of Competition and Consumer Protection at: www.uokik.gov.en. At the same time, we inform you that the indicated proceedings are voluntary and both parties must agree to them.
11.4 Based on Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013. we inform that at https://ec.europe.eu/consumers/odr a platform for online dispute resolution between consumers and businesses at the EU level is available (ODR platform). The ODR platform is a one-stop shop website for consumers and businesses seeking out-of-court dispute resolution of contractual obligations arising from an online sales contract or service contract.
12. Appendix 1 - Information on exercising the right of withdrawal
12.1 The right to withdraw from the contract under the following rules also applies to a sole proprietor who makes a purchase of a non-professional nature, i.e. resulting, in particular, from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Business Activity. You have the right to withdraw from the contract under the following conditions - Consumer You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires after 14 days:
12.1.1 in the case of a contract of sale from the date on which you took possession of the item or on which a third party other than the carrier and indicated by you took possession of the item;
12.1.2 in the case of a contract involving the transfer of ownership of multiple items that are delivered separately from the date on which you took possession of the last item or on which a third party other than the carrier and designated by you took possession of the last item;
12.1.3 in the case of a contract obliging you to transfer ownership of items delivered in batches or parts from the date on which you took possession of the last batch or part or on which a third party other than the carrier and designated by you took possession of the last batch or part;
12.1.4 in the case of contracts for regular delivery of goods for a definite period of time from the date on which you took possession of the first item or on which a third party other than the carrier and designated by you took possession of the first item;
12.1.5 in the case of contracts the subject of which is the provision of services or digital content that is not delivered on a tangible medium - from the date of conclusion of the contract.
12.2 To exercise your right of withdrawal, you must inform us, i.e.: Monument Skate Shop, Michałowskiego 34/28, 42-224 Częstochowa, tel. 817184880, mail@monument.pl of its decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by mail, fax or e-mail).
12.3 You can use model withdrawal form, however, it is not mandatory.
12.4 You may also fill out the Electronic Return Form available on the Online Store website: https://monument.en/returns-open.php. If you use this option, we will immediately send you an acknowledgement of receipt of the withdrawal information on a durable medium.
12.5 In order to comply with the withdrawal period, it is sufficient for you to send information concerning the exercise of your right of withdrawal before the expiry of the withdrawal period.
12.6 If you withdraw from this contract, we will return to you all payments received from you, including the costs of delivery of the items (except for the additional costs resulting from your choice of delivery method other than the cheapest ordinary delivery method offered by us), immediately and in any case no later than 14 days from the day we are informed of your decision to exercise your right to withdraw from this contract. We will refund your payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise.
12.7 In the case of contracts that require the transfer of ownership of the goods, in which we have not offered to pick up the Goods in the event of withdrawal - we are to withhold reimbursement until we receive the goods or until we are provided with proof of their return, whichever event occurs first.
12.8 Please return the returned item to the address: Monument Krakowskie Przedmieście 55, 20-076 Lublin immediately, and in any case no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send the item back before the expiration of the 14-day period. You will have to bear the direct costs of returning the item.
12.9 Due to the weight and dimensions of the Goods, in the case of withdrawal from the contract - sending back the Goods may involve higher costs than ordinary postal delivery. If you want to use courier services, you may need to send your shipment on a pallet, which is more expensive than regular postal delivery.