Terms and Conditions
WEBSITE REGULATIONS
Glossary of terms used in the Regulations:
1. The owner and administer of the online store operating at www.stalesia.com/en is Stalesia, ul. Mariana Domagały 19, 30-741 Kraków, Court Registry Number (KRS) 0000257623, Tax Identification Number (NIP) 6792899343, REGON no. 120268020, e-mail: info@stalesia.com, phone number: +48 660 621 705 hereinafter referred to as Stalesia.
2. Online Shop – Stalesia online shop at www.en.stalesia.com.
3. Client – consumer or entrepreneur using the Stalesia services
4. Consumer – person concluding an agreement with Stalesia (making a purchase at the Online Shop) for purposes not directly related to his or her economic or occupational activity.
5. Entrepreneur – person concluding an agreement with Stalesia (making a purchase at the Online Shop) as part of his or her economic or occupational activity.
6. Goods – objects offered for sale by Stalesia
7. Order – order, the subject of which are the Goods in the Stalesia offer
8. Order form – form available on the Website, used for submitting orders for Goods
9. Account – the Client’s personal account facilitating the Goods ordering procedure.
10. Mailing address – address to which correspondence and mail shipments are to be sent, i.e. Mariana Domagały 19, 30-741 Kraków
11. Warehouse - personal collection point for orders at ul. Pszczyńska 140 in Warszowice, postcode 43-254
12. Working day – each day from Monday to Friday, except for statutory holidays.
13. Civil Code – Act of 23 April 1964 – Civil Code (Polish Journal of Laws; Dz. U. of 1964, no. 16 , item 93)
I. Application of the Regulations’ provisions
1. The regulations are applicable to remote agreements concluded with Stalesia’s Clients via the Online Shop.
II. Basic information
1. The owner of the Online Shop and the entity with which the agreement is concluded in Stalesia.
2. The Online Shop’s clients can include both consumers and entrepreneurs.
3. The sales of Goods in Stalesia’s offer take place via the Online Shop.
4. Each Client that submits an order is obliged to get acquainted with these Regulations. When submitting an order, the Client confirms the fact of getting acquainted with the Regulations and accepts them in their current form by selecting the box in the order form and makes a declaration on his or her consent for the processing of personal details with the purpose of correct execution of the agreement and order processing.
5. The Online Shop may be used if the IT system used by the Customer meets the following minimum technical requirements:
– Internet Explorer version 10.0 or later or Mozilla Firefox version 34.0 or later
– a minimum screen resolution of 1024×768 pixels
– software for opening PDF, doc files.
III. Goods and price
1. Stalesia includes information about the material properties of the Goods and their prices on the Website. The information about the Goods and their prices presented on the Website apply only to the Online Shop.
2. All prices specified in the Online Shop are gross prices expressed in Euro (€). Stalesia is a VAT tax payer. The prices of the Goods will be supplemented with the shipment costs, which are added at order submission.
3. Stalesia restricts the right to change the range of products available in its offer, including to withdraw and market new Goods, conduct, cancel or change promotional campaigns. The prices of Goods in the Online Shop can be subject to change. The Client is bound by the price applicable at the time of order submission.
4. Stalesia restricts the copyrights to all pictures published at the www.stalesia.com Website and prohibits their use for any purpose without the author’s approval.
5. The Goods on the Website are marketed in accordance with the law and its sales takes place in accordance with the current legal regulations.
6. All Goods delivered to the Client based on an Order are to be delivered by Stalesia without physical and legal defects.
7. Sections cut from material in stock. When you buy several pieces of the same product, you will receive separate sections, but it is possible to cut them to any length after consultation. The picture in the listing does not show the actual surface of the product. Pipes and bars are a metallurgical product, manufactured in accordance with EN or ASTM standards, intended for further processing. The specificity of the band saw used for cutting does not guarantee a perfectly smooth surface of the cutting place. Cutting tolerance is -0 / + 5mm. All properties not listed in the offer are specified in the standard. Non-prefabricated goods - not subject to the provisions on withdrawal from the contract.
IV. Ordering of Goods
1. The order is submitted via the Online Shop Website by filling out the order form, via e-mail to handel@stalesia.com, via the product enquiry form.
2. A natural person that submits an order must be at least 18 years old and must be of full legal capacity. In case of minors, we require the approval of a parent or guardian.
3. In case of remote agreements (via the Online Shop), the information about the Goods in the Online Shop, i.e. descriptions, prices, among others, only constitute an invitation to conclude a sales agreement within the meaning of Article 71 of the Civil Code, according to the Regulations’ conditions.
4. The order submission procedure especially includes the following:
– selection of ordered Goods,
– specification of Client information required to execute the agreement,
– specification of the delivery method or personal pickup,
– selection of the method of transaction confirmation (invoice, bill of sale)
– selection of the payment method,
– acceptance of these Regulations,
– consent for personal details processing.
– clicking the “chargeable order” button or equivalent in the Online Shop. The order is submitted by filling out the Order Form and specifying the details required for correct order processing (name, surname, address, e-mail address, etc.). The order can be changed by the Client following Stalesia’s approval.
5. After order submission, the Client will receive information that the order was approved for processing and is being processed on their e-mail address.
6. In case of orders submitted by the Client via telephone or e-mail, the agreement is concluded at confirmation of the order acceptance by Stalesia. In case of order submitted by the Consumer via telephone, Stalesia will confirm the Order conditions, especially the price and properties of the Goods as well as the delivery time via the e-mail address provided by the Consumer. The contents of these Regulations will be enclosed to the message sent.
7. If the Customer is a Consumer, the Seller shall provide him/her with information referred to in Art. 12.1 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827) no later than the moment the Consumer expresses his/her will to be bound by a distance contract. This obligation is fulfilled by acquainting the Consumer with the content of these Regulations before placing the order.
8. The customer can choose the form of delivery from those displayed in the shopping cart or personal collection at the Warehouse. The lead time of the order (sending the goods or preparing them for personal collection) is up to 3 working days after the payment from the buyer has been credited.
9. The Customer may pay for the Order and delivery by one of the payment methods listed, with the final availability of a specific payment method depending on the currency in which the Customer makes the Order:
- Via payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro
- Via payment platforms:
- Instant transfer / BLIK / Apple Pay within Shoper Payments (the payment service provider is Blue Media S.A.).
- Przelewy24 - electronic and card payments are handled by the Przelewy24 service, used by the company PayPro SA, ul. Kanclerska 15, 60-327 Poznań, tel: (61)847-52-64, fax: (61)847-08-38, website address: www.przelewy24.pl, e-mail: serwis@przelewy24.pl )
- Dotpay
- Paypal
- By traditional bank transfer to a bank account in one of the currencies (PLN,EUR,GBP)
9a. If the Customer chooses to pay by bank transfer or payment card, the order processing time is calculated from the date of crediting the Seller's bank account or settlement account.
9b. When making payment by traditional international bank transfer, the Customer agrees to cover the costs of handling the transfer. The Customer will fulfil the condition by ordering a SEPA or OUR transfer in his banking system. The Seller reserves the right to reject a payment that will debit its account with the transfer handling costs (i.e. SHA, BEN).
9c. In the event that a refund is required for a transaction made by the Customer by payment card, the Seller will make the refund to the bank account assigned to the Customer's payment card. If the Customer chooses to pay by bank transfer or payment card, the order processing time is calculated from the date of crediting the Seller's bank account or settlement account.
10. Deliveries of Goods are executed domestically and abroad via courier mail.
11. During shipment receipt, it is necessary to pay special attention to its contents and condition in the courier’s presence
V. Goods compliance with the agreement and complaints.
1. Shop www.stalesia.com is liable based on statutory warranty for physical defects existing at the time of assignment of risk to the Purchaser or resulting from internal defects of the Goods sold at the same time and for non-compliance of the Goods with the agreement.
2. In case of submission of claims on statutory warranty and the Goods’ non-compliance with the agreement, the purchased Goods must be sent back to the Mailing Address including in the proof of purchase and complaint description (lack of proof of purchase prevents complaint processing).
3. External interference into the Goods (self-reliant repairs or repairs done by other persons without sufficient competencies) can be a reason for the refusal to consider the claims on the Goods’ non-compliance with the agreement.
4. After receiving the compliant and the Goods, Stalesia will consider the complaint within 14 days and send a response to the Client’s mailing address or e-mail address. Lack of response to the reported complaint in the aforementioned time will be deemed as acceptance of the complaint. If it is necessary to conduct an expert’s analysis or for the Goods’ distributor/manufacturer to take a position, the Client will be notified that the complaint consideration deadline can be extended. Sending a letter via mail is sufficient to comply with the deadline. In case of complaint acceptance, the complaint will be processed within 14 days from the date of its acceptance.
5. The warranty is granted only if the issued Goods included the warranty document and only on the conditions specified in the document.
VI. Withdrawal from the agreement
1. The Client, who is also a Consumer, is entitled to withdraw from the remote order agreement for convenience within 14 days from the date of the Goods’ delivery to the Client and the detailed principles of exercising the right to withdraw from the agreement and the draft declaration of withdrawal from the agreement are presented in Appendix no. 1 to the Regulations. The Consumer is obliged to bear the costs of returning the Goods to Stalesia.
2. The right to withdraw from an agreement concluded outside company premises or a remote agreement does not apply to the Consumer in case of agreements, the subject of which is a non-fabricated object manufactured according to the Consumer’s specification or intended for the Consumer’s individual needs.
3. Stalesia notifies the Consumer that it is not a party in the code of good practice.
VII. Personal Data Protection
1. Customers’ personal data are processed on the basis of applicable provisions, i.e. the Act on the protection of personal data (Journal of Laws of 2002 No. 101, item 926, as amended) and the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) – from the date of application of the Regulation.
2. Personal data shall be used for the purposes of the contract and shall not be made available to other recipients. These data shall be processed on the basis of Art. 23.1.3 of the Act on the protection of personal data and Art. 6.1(b) of GDPR – from the start of its application. The data shall be stored until the Customer’s claims resulting from the concluded contract expire.
3. The Customer has the right to access his/her data and the right to correct, rectify, delete them, limit their processing, the right to transfer data, the right to raise objections.
4. The Customer has the right to bring a complaint to the supervisory authority if he/she considers that the processing of his/her personal data violates the provisions on the protection of personal data.
5. The data will not be subject to automated processing, including profiling.
6. If the Customer expressly agrees, the personal data will be processed for the purpose of direct marketing of products offered for sale. In this case, the Customer has the right to withdraw his/her consent at any time with no bearing on the legality of the processing made on the basis of the consent before its withdrawal. In this case, the data shall be processed on the basis of Art. 23.1.1 of the Act on the protection of personal data and Art. 6.1(a) of GDPR – from the start of its application. The data shall be stored until the Customer withdraws his/her consent.
7. Stalesia is the Personal Data Controller.
8. Stalesia represents that before starting the data processing it will take technical and organisational measures to secure the entrusted personal data. Stalesia represents that it has appropriate means, including proper securities, to process personal data in accordance with the provisions of the Act of 29 August 1997 on the protection of personal data (Journal of Laws of 2002 No. 101, item 926, as amended) and the Ordinance of the Minister of Internal Affairs and Administration of 29 April 2004 on documentation regarding personal data processing as well as technical and organisational requirements for equipment and computer systems used in personal data processing (Journal of Laws 2004, No 100, item 1024).
VIII. Final provisions
1. All rights to the www.stalesia.com Website and the materials (pictures and descriptions) published on the www.stalesia.com Website are restricted. Without the approval of the owner of copyrights and author of the Website, no part of this publication can be duplicated, copied, reproduced or stored in search systems or published on other websites. It cannot be conveyed in any form and by any electronic, mechanical means, via photocopiers, on CD’s or in any other technical manner.
2. The provisions of the Polish law shall apply in matters not regulated by these Regulations.
3. The settlement of possible disputes arising between Stalesia and the Client, who is a Consumer, will be submitted to courts with jurisdiction in accordance with the provisions of relevant regulations of the Civil Proceeding Code. Stalesia notifies the Consumer that it is possible to resolve a dispute outside of courts and seek his or her claims by way of arbitration, negotiation and via courts of arbitration, the principles of proceeding and access to procedures of which are specified by relevant centres of arbitration, negotiation and courts of arbitration and according to separate regulations.
4. The settlement of possible disputes arising between Stalesia and the Client, who is not a Consumer, will be submitted to a court with jurisdiction over Stalesia’s registered seat.
5. None of the Regulations’ provisions limits the Consumer’s rights to which he or her is entitled pursuant to the regulations of the Republic of Poland’s law. In case of establishing that a specific provision infringes the above rights, the regulations of the Republic of Poland’s law, especially of the Civil Code and the Act of 30 May 2014 on consumer rights (Polish Journal of Laws of 2014; Dz. U. 2014, item 827) shall apply.
6. The current Regulations are published on the www.stalesia.com Website and is provided to the Client (via e-mail) on request free-of-charge. The Client can gain access to these Regulations at any time via a reference link included on the www.stalesia.com Website as well as download and print it.
7. These Regulations may be modified. In this case Stalesia shall inform each Customer of the changes introduced thereto, by placing at the home page of the Online Shop an information about such changes, containing a summary of changes, and by keeping the information on the home page of the Online Shop for a period of at least 14 (fourteen) consecutive calendar days, and the Customers with Customer Account shall be additionally notified by Stalesia by e-mail sent to the address indicated by them in the registration form with information including a summary of changes to the Regulations.
8. The Regulations enter into force on 21st February 2018 and apply to orders concluded after this date.
Appendix 1.
Consumer information concerning the exercise of the right to withdraw from the agreement
Consumer instructions on the right to withdraw from the agreement
The Clients, who are also consumers within the meaning of the Act of 23 April 1964 (Civil Code) are entitled to withdraw from this agreement for convenience within 14 days. The right to withdraw from an agreement concluded outside company premises or a remote agreement does not apply to the Consumer in case of agreements, the subject of which is a non-fabricated object manufactured according to the Consumer’s specification or intended for the Consumer’s individual needs. The time for withdrawing from the agreement expires after 14 days from the date on which the Client receives the goods or on which a third person other than the carrier and indicated by the Client receives the goods. To exercise the right to withdraw from the agreement, the Client has to notify Stalesia – Mailing address: ul. Boryńska 4, 44-240 Żory, handel@stalesia.com about his or her decision on withdrawal from this agreement by making a clear declaration (e.g. via a letter sent by mail or e-mail to the aforementioned e-mail address). The Client can use the draft form of withdrawal from the agreement enclosed as Appendix no. 2 to the Regulations, however this is not mandatory. In order to comply with the agreement withdrawal deadline, it is sufficient for the Client to send a notification about exercising the right to withdraw from the agreement prior to the agreement withdrawal deadline. In case of withdrawal from the agreement, we promptly refund all payments made by the Client, including the object delivery costs (except for additional costs resulting from a chosen delivery method other than the cheapest method offered by us), in any case no later than within 14 days from the date on which we were notified about the Client’s decision to withdraw from this agreement. The payment refund will be executed using the same payment method used by the Client in the original transaction, unless the Client approved a different solution. In any case, the Client will not be charged with any fees related to the refund, except for the costs of returning the object to Stalesia. Stalesia can abstain from refunding the payment until it receives the object or proof of its resending, depending on the earlier event. Please promptly return the received object to the mailing address: ul. Boryńska 4, 44-240 Żory, however no later than within 14 days from the date on which the Client notified us about the withdrawal from the agreement. The deadline is maintained if the Client resends the object prior to the 14-day period expiry. The Client will have to bear the direct costs of returning the goods. The Client is only liable for the decrease in the object’s value resulting from using it in a manner other than necessary to establish the nature, features and functioning of the object.
Appendix 2.
