§ I. General provisions
The Regulations contain rules for the functioning of the Online Store, operating at: https://atocan.com which is run by ATOMIS Marcin Machciński, Ogrodowa 5 Street, 09 -140 Raciąż, Mazowieckie Voivodeship, Tax Identification Number: PL5671523041, including the rules of making Orders by the Customers.
The terms used in the Regulations means:
· Seller or Vendor - ATOMIS Marcin Machciński, Ogrodowa 5 Street, 09 -140 Raciąż, Mazowieckie Voivodeship, Tax Identification Number: PL5671523041.
· Customer - a private person with full legal capacity, over 18 years of age, as well as a legal person or an organizational unit without legal personality, if it has legal capacity under separate regulations.
· Consumer - a customer who is a private person making a legal transaction with an entrepreneur (Seller) not directly related to his/her business or professional activity.
· Store - online store, operated by the Seller at the Internet address http://atocan.com.
· Product - a thing or movable things or services for sale, available at the Store.
· Price - the price of a Product placed on the Store's website next to each Product. Prices are given in Polish zloty, Euros, American dollars and include VAT. The price does not include the cost of delivery of the Product to the Place of Delivery.
· Delivery Costs - costs associated with delivery of the Product to the Place of Delivery.
· Delivery date - the date of delivery of the Product to the Place of Delivery.
· Supplier - a courier company to which the Seller entrusts the delivery of Products.
· Order - an order for a Product placed by the Customer, in accordance with the Terms and Conditions. The Order constitutes an offer to purchase.
· Place of delivery - the address indicated by the Customer in the Order.
· Law - the Law of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827).
The Seller operates in the sale of products using the Internet.
The information provided on the Store's website is an invitation to customers to make offers and does not constitute an offer within the meaning of the Civil Code.
The Seller reserves the right to limit the number of ordered Products, covered by the promotion in force at a certain time.
The Seller provides e-mail service to Customers from Monday to Friday from 10:00 am to 4:00 pm (Polish time zone), except for public holidays. The Seller, for the purpose of handling Orders, contacts Customers electronically at the e-mail address provided or by telephone.
Each registered Customer, after logging in, has access to all his ordered goods in the Store.
The terms and conditions of the sales contract are defined by these Terms and Conditions, applicable laws and any individual arrangements between the Seller and the Customer.
§ II. Placing Orders
1. the Customer can place an Order in the Store using one of the following options:
· through the Store's website: http://atocan.com
· via electronic mail (e-mail), sent to the e-mail address of the Seller: atomispl@gmail.com
· by phone at +48 505 624 873; +48 730 690 000
· The company does not sell only by mail order it is also possible to pick up the goods personally after contacting Atomis Marcin Machcinski.
2 Procedure for placing and processing orders
· You can place an order by using the function of adding a product to the shopping cart and then via the "Order" button.
· In order to be able to correctly carry out the order procedure, it will be necessary to create a user account, through which you can also observe the status of the order processing.
· The basic condition for the realization of the purchases made is the correct filling in of the contact details, together with the correct existing e-mail address and telephone number at which it will be possible to confirm the order.
· The order can be placed 24 hours a day throughout the year. Orders placed on weekdays after 14:00, on Saturdays, Sundays and holidays - will be processed the next working day.
· In case of circumstances disallowing full or temporary realization of the order placed, Atomis Marcin Machcinski company reserves the right to suspend the realization of the order - the company undertakes to immediately notify the customer about the situation.
· Orders in which contact details have been filled incorrectly (non-existent e-mail, or no phone number) will not be considered.
· Atomis company Marciń Machciński reserves the right to suspend orders that raise doubts.
· Prices of goods in the online store atomis.com.pl are given in Polish zloty, Euros, American dollars and include VAT (gross prices).
· In case of return of the package due to not taking it in time - the costs are covered by the buyer.
· Atomis Marcin Machcinski company issues a receipt or VAT invoice for the purchased goods. In order to receive a VAT invoice you must correctly fill in the details of the company including NIP.
· All orders placed by 2 pm on a given day are handled by the Seller on the same working day. Orders placed after 2 pm on a given day are handled by the Seller for the next working day.
§ III. Delivery terms
The delivery term is indicated each time for the Product and is visible next to the Product.
· The delivery term is counted in working days (excluding Saturdays) from the day of placing the Order - in case of choosing cash on delivery payment, or from the day of payment - in case of choosing another form of payment.
· The Seller will inform the Customer about the shipment of the Product from the Seller's Storehouse.
· In the event of a delay in the execution of the Order, the Customer may set an additional deadline for the release of the Product, and after its ineffective expiration, may terminate the contract.
· In the event that the Order cannot be completed due to the unavailability of the Product, the Seller shall immediately inform the Customer, who may, without loss of other claims:
· Agree to change the Delivery Date;
· Amend the Order;
· Withdraw from the contract.
· In the case of withdrawal from the contract by the Customer, the Seller shall immediately refund the amount paid to the Customer, if the Customer has made a prepayment.
· The provisions of the Terms and Conditions concerning the Delivery Deadline shall apply accordingly to the date when the Product will be available for pick-up at the Personal Collection Point, if the Customer chooses this form of Order processing.
§ IV. Order Execution: Delivery
The Seller will fulfill Orders by courier delivery through the Supplier, in accordance with the content of the instruction given by the Customer when placing the order.
The cost of delivery is indicated on the Store's website and is calculated on each occasion when the Customer selects the Products (it depends on the selected form of payment and delivery).
In the case that the shipment at the time of delivery bears signs of violation that can be seen from the outside, the Customer should refuse to accept the shipment, notify the Supplier of the request for a protocol determination of the status of the shipment. In any case, such Customer should inform the seller within 2 days of the damage to the shipment and provide the seller with all information necessary to establish the supplier's liability.
The Seller will send the Customer an Invoice or receipt enclosed with the goods to the delivery address of the goods. In case of the Customer's objection, the Seller will send the Customer an electronic version of the VAT invoice.
§ V. Payments
The customer can choose the form of payment from the following forms:
· Online payment: through the services: PayU service - at the time of placing the Order
· Payment into the bank account of the Seller - within 3 days after placing the Order
· Cash - into the hands of the Supplier upon receiving the Product at the Place of Delivery ("cash on delivery").
In the case of payment made by bank transfer or payment to the Seller's bank account, the following should be included on the transfer order in the title of the transfer: the Customer's name, company details and the Order number. The amount should be paid to the Seller's bank account:
· PKO BP - account in PLN ;
BIC (Swift) code: BPKOPLPW ;
PL 27 1020 1592 0000 2602 0175 8002
· PKO BP - account in EURO ;
BIC (Swift) code: BPKOPLPW ;
PL 53 1020 1592 0000 2002 0242 9553
· PKO BP - account in USD ;
BIC (Swift) code: BPKOPLPW ;
PL95 1020 1592 0000 2902 0276 1260
Payments can also be made to PayPal account :
The seller reserves the right to own the products until the Price is paid.
§ VI. Withdrawal of the Consumer from the contract
1. The Consumer has the right to withdraw from the contract of sale without giving any reason within 14 days after the product is taken into possession by the Consumer or a third person indicated by the Consumer. To keep the deadline, it is enough to send a statement before the deadline.
2. In case of withdrawal from the contract, the contract is considered not concluded.
3. A consumer wishing to use the right of withdrawal should make an appropriate declaration via the postal operator or by e-mail to: atomispl@gmail.com.
4. The consumer can use the form template, but it is not mandatory. At the same time, the Seller provides the Customer the opportunity to submit a statement of withdrawal electronically.
5. If a declaration of withdrawal is made electronically, the Seller will immediately send the Consumer a confirmation of receipt of the withdrawal.
6. In a case of withdrawal from the contract by the Consumer, both the Seller and the Consumer are obliged to return everything they received from the other party.
7. The customer covers the full costs of returning the Product.
8. The returned Product should be sent immediately to the address: ATOMIS Marcin Machciński, Ogrodowa 5 Street, 09-140 Raciąż
9. The Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the contract, return to the Consumer all payments made by the Consumer, including the costs of execution of the Order (Delivery Costs), subject to paragraph 12 below.
10. The Seller has to refund the payments referred to above using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for the Consumer.
11. The Seller may postpone reimbursement of payments received from the Consumer until receiving the Product back or the Consumer provides proof of its return, depending on which event occurs first.
12. The Consumer shall be responsible for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the thing.
13. The right of withdrawal does not apply to the Consumer in the cases specified in detail in Article 38 of the Act, i.e. for contracts:
· The right of withdrawal from a contract concluded at a distance does not apply to consumers with respect to contracts:
· providing services, if the entrepreneur has provided the service in full with the express agreement of the consumer, who was informed before the start of the service, that after the fulfillment of the entrepreneur will lose the right to withdraw from the contract;
· 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 deadline for withdrawal;
· in which the object of fulfillment is a non-refabricated item, produced to the consumer's specifications or serving to meet his individualized needs;
· in which the object of the fulfillment is an item that is perishable or has a short shelf life;
· in which the subject of the fulfillment is an item delivered in a closed package that cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;
· in which the subject of the fulfillment are things that after delivery, due to their nature, become inseparably connected with other things;
· in which the consumer expressly requested that the trader come to him for urgent repair or maintenance; if the trader provides in addition other services than those requested by the consumer, or provides things other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or things;
· in which the subject of fulfillment is sound or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery;
· concluded through a public auction;
· delivery of digital content that is not recorded on a physical carrier, if the fulfillment has begun with the express consent of the consumer before the expiry of the deadline for withdrawal and after the trader has informed him of the loss of the right of withdrawal.
14. In the case of partial withdrawal from the contract, i.e. with regard to some of the Products purchased, in a situation where the Delivery Costs depended on the number of Products purchased, they will be returned in the part constituting the excess above the Delivery Costs, calculated for the Product or Products from the purchase of which the Customer does not withdraw. If the Customer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Seller (higher than the lowest Delivery Costs), the Seller will return to the Customer who withdraws from the contract the amount equivalent to the cheapest method of delivery of the Product (the lowest Delivery Costs).
15. In the case of withdrawal from the contract, upon receipt of the Product, the Consumer will receive a corrective invoice from the Seller, if an invoice was previously issued to the Consumer.
16. Sample withdrawal form:
(this form should be filled in and sent back only if you wish to withdraw from the contract)
Addressee: ATOMIS Marcin Machciński, Ogrodowa 5 Street, 09 -140 Raciąż, e-mail: atomispl@gmail.com
I/We(*) hereby inform (*)about my/our (*) withdrawal from the contract of sale of the following items:.....................................…
Date of contract(*)/collection(*):....................
Name of consumer(s):....................
Consumer(s) address:....................
Additional data (optional, but very helpful for efficient handling of the case):
Customer number:....................
Invoice number:....................
NOTE: Refund of payment is made using the same methods of payment that were used by the consumer in the transaction, unless he/she has expressly agreed otherwise; in any case, the consumer will not incur any fees in connection with this refund. If the payment was made by bank transfer or payment card, if you do not specify a bank account number, the refund will be made to the bank account or payment card from which the payment was made, with cash on delivery the refund will be made by postal order if you choose not to give the following consent to bank transfer):
I agree to return the payment made by bank transfer to the bank account number:
...................................................................................................................................
Signature of the consumer(s)
(only if the form is sent on paper)
§ VII. Obligation to deliver the Product without defects, complaints
1. The Seller has the responsibility for the delivery of the Product without defects, according to the principles provided in the Civil Code. art. 556 et seq.
2. In the case of defects, the Customer may assert his rights under the warranty, and if granted, also under the guarantee.
3. Obligation to deliver the Product without defects, complaints
4. The Seller has the responsibility for the delivery of the Product without defects, according to the principles provided in the Civil Code. art. 556 et seq.
5. In the case of defects, the Customer may assert his rights under the warranty, and if granted, also under the guarantee.
6. The Seller will inform the Buyer about the way in which his complaint will be considered. If the complaint addressed to the Seller is not accepted, he will provide the reasons for his decision.
7. It is recommended that the Buyer when receiving the shipment with the product, should confirm its receipt in the presence of the courier with an accompanying note that the shipment was delivered undamaged, or that the shipment has signs of damage with a simultaneous description of the damage.
8. In the case of warranty, the seller is responsible for physical defects that existed at the time when the hazard passed to the buyer or resulted from a cause inherent in the sold thing at the same time, as well as for legal defects.
9. According to the rules of the Civil Code under the warranty, the customer may demand:
· Repair
· Replacement of the Product with a defect-free one;
· Reduction of the Price;
10. Withdrawal from the contract - if the defect is significant.
11. The Seller shall be liable under the warranty if the physical defect is discovered before one year from the date of release of the Product.
12. Complaints are also submitted about incomplete execution of the Order, i.e. the delivery of less Products than ordered by the Customer. In such a situation it is sufficient to send a complaint.
13. In order to complain about a defective Product on the basis of the warranty, the Customer should inform the Seller about the defectiveness of the Product, indicating whether he uses the warranty or the guarantee (if a guarantee has been granted), the reason for the complaint (approximately state what the defect consists of), providing his data, including: name and surname or company, email address or telephone number, needed to consider the complaint.
14. The customer should indicate the chosen method of complaint: repair, replacement, price reduction or withdrawal from the contract if the defect is significant. A complaint can also be made using the complaint form, which is attached to these Regulations.
15. Complaint (e.g. completed form), defective Product, proof of purchase (e.g. VAT invoice) or information about the proof of purchase (e.g. Order number, date, receipt) should be sent to the address: ATOMIS Marcin Machciński, Ogrodowa 5 Street, 09 -140 Raciąż, e-mail: atomispl@gmail.com
16. In order to make use of the Seller's ability to pick up the advertised Product, the Customer may contact via email address and telephone.
17. If, due to the nature of the Product or the way it is installed, it would be unreasonably difficult to deliver the Product, the Customer shall make the Product available at the place where the Product is located.
18. The seller will inform the customer within 14 days after the complaint is submitted about the processing of the complaint.
19. The Customer, who is not a consumer, loses the rights under the warranty for defects in the Product if he/she failed to examine the Product in the time and manner usual for things of that kind and did not immediately notify the Seller of the defect no later than within 14 days from the date of its discovery, and if the defect came to light only later - if he/she did not notify the Seller immediately after its discovery. However, no later than within 14 days from the date of its discovery. To comply with the aforementioned deadline it is sufficient to send a notice of the defect before its deadline.
20. In relation to Customers who are not Consumers, the Seller's liability is limited exclusively to the satisfaction of claims under the warranty, excluding liability for damages as specified in Article 566 of the Civil Code.
§ VIII. Warranties
1. Any item purchased in the ATOMIS Marcin Machcinski online store may be claimed, in accordance with the provisions of the Civil Code on warranty on sale. if a defect in the item (including non-conformity of the goods with the contract) is found within one year of its release to the customer.
2. The consumer shall be liable for any diminution in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
3. Possible costs associated with the consumer's withdrawal from the contract, which the consumer is obliged to cover: The consumer shall pay the direct costs of returning the Product.
4. In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the service provided, taking into account the price or remuneration agreed upon in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the performance provided.
5. The warranty for the sold product does not exclude, limit or suspend the Buyer's rights under the warranty regulations for defects of the sold thing.
§ IX. Seller's liability to non-consumer customers
In relation to Clients who are not consumers, the liability of the Seller, subject to the mandatory provisions of law, is limited to the warranty, and in the case of its granting - also to the guarantee, while claims for damages are excluded. For the rest, the Seller is exempt from liability. In particular, it is not liable for damages (losses, lost profits) arising in connection with the non-performance of the contract, or improper performance of the contract (except for reimbursement of the price and delivery costs), delivery of defective Products or in connection with a delay in delivery.
§ X.Personal data protection
1. The Administrator processes personal data taking into account the applicable laws in this regard, in particular the Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation).
2. The administrator fulfills information obligations at the phase of data collection from data subjects.
3. Detailed rules on the processing of personal data and cookies are included in the Privacy Policy.
§ XII. Commercial information, customer feedback
1. The Customer may give consent to receive from the Seller information of an advertising and commercial character (newsletter), such as: offers, information about new products, sales and special actions, by means of electronic communication (e-mail). The expression of consent is not a condition for the execution of the Order. The consent is given by the Customer by checking the appropriate option on the registration form or by subscribing to the newsletter on the website: http://sklep.atomis.com.pl
2. You can unsubscribe from receiving information of an advertising and commercial character by selecting the appropriate link in the e-mail.
3. The Seller stipulates that it will not store and display the opinion, containing content that does not comply with paragraph 4 below.
4. It is unacceptable to include in the opinion content that incites racial, religious, ethnic hatred or content that promotes violence and totalitarian system of state, as well as content with the use of words generally considered offensive; content that may violate the personal rights of third parties, content containing links to other websites; texts having the character of a work, originating from third parties, unless the publication is within the scope of the right of quotation; other illegal content, as well as content advertising services or products of entities other than the Seller.
5. By posting an opinion, the customer agrees that other Users or the Sellers may comment on the customer's statements, respecting personal rights.
§ XIII. Final regulations
The Regulations come into force on the date of publication on the Store's website.
Any changes to the provisions of the Regulations come into force upon their announcement on the Store's website, with effect for the future. These changes may not violate the rights of Customers, resulting from placing an Order before the changes.