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GDPR clause

On 25 May 2018, regulations on personal data protection were amended. Since that day, the Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (General Data Protection Regulation) have been legally binding. Due to that, we wish to inform you that our organisation, with a view to prioritising safety of your personal data, has introduced proper personal data protection policies (pursuant to Article 24 (1) and (2) of the aforementioned Regulation). In order to comply with the information obligation under Article 13 of GDPR, we are providing you with necessary information concerning processing your personal data. Click here to find out more about the way we process personal data.

The www.store.carlexdesignlimited.com Online Store cares for the rights of consumers. The consumer cannot waiver the rights granted based on the Consumer Rights Act. Any agreement provisions less favorable to the consumer, than those in the Consumer Rights Act are void and in their place corresponding provisions of the Consumer Rights Act shall be applied. For that reason, the provisions of these Terms and Conditions are not meant to exclude or limit any rights of consumers granted based on the strictly binding legal regulations, and all possible doubts should be interpreted to the benefit of the consumer. In the case of any possible nonconformity between the provisions of these Terms and Conditions with the above regulations, the above regulations take priority and shall be applied.

1. GENERAL PROVISIONS

 

  1. The Online Store available at the address www.store.carlexdesignlimited.com is operated by CARLEX DESIGN LIMITED SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with office in Czechowice-Dziedzice (office address and correspondence address: ul. Świerkowicka 41, 43-502 Czechowice-Dziedzice); registered in Register of Entrepreneurs of National Court Registry under the KRS number: 0000668234, Register Court which holds the Company's documentation: District Court for East Katowice in Katowice, VIII Commercial Department KRS, share capital of: 200.000,00 zł, tax ID no. NIP: 8961560922, National Economy Register No. REGON 366781519, e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it. and telephone number: 0048788788001.
  2. These Terms and Conditions are intended for consumers, as well as entrepreneurs who use the Online Store unless a section is intended solely for consumers or entrepreneurs.
  3. The Seller is the Controller of personal data processed in connection with the execution of the Terms and Conditions. Personal data is processed for the purposes, in the scope and on the basis of rules indicated in the privacy policy published on the Online Store’s website. The privacy policy contains primarily rules for the processing of personal data by the Processor in the Online Store, including the basics, purposes and scope of the processing of personal data and the rights of persons to whom the personal data refers, as well as information on the use of cookie files and analytical tools in the Online Store. Using the Online Store, including making purchases is voluntary. Similarly, the provision of personal data by the Service User or the Customer is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
  4. Definitions:
    1. WORKING DAY – one day from Monday to Friday excluding public holidays.
    2. REGISTRATION FORM – an electronic form available at the Online Store which enables the establishment of an Account.
    3. ORDER FORM – Electronic Service, an interactive form available in the Online Store which enables placement of an Order, especially through the addition of a Product to the electronic shopping cart and specification of Sales Agreement terms, including the method of delivery and payment.
    4. CUSTOMER – (1) a natural person with full legal capacity and, in instances provided for by the commonly applicable regulations also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, on which the law bestows legal capacity – which has entered or intends to enter into a Sales Agreement with the Seller.
    5. CIVIL CODE – the 23rd of April 1964 Civil Code Law (Journal of Laws of 1964 no. 16, pos. 93 further amended).
    6. ACCOUNT – Electronic Service, annotated with an individual name (login) and password within the Service Provider’s information and communication technology (ICT) system, which collects data provided by the Service User and information regarding the Orders placed by the User in the Online Store.
    7. NEWSLETTER – Electronic Service; an electronic distribution service provided by the Service Provider via electronic mail, which enables all subscribed Service Users to automatically receive regular contents of subsequent editions of the newsletter, including information on Products, new additions and promotions in the Online Store.
    8. PRODUCT – a movable item or a service available at the Online Store, being the subject of a Sales Agreement between the Customer and the Seller.
    9. TERMS AND CONDITIONS – the following Online Store terms and conditions.
    10. ONLINE STORE – the Service Provider’s store available at the Internet address: www.store.carlexdesignlimited.com
    11. SELLER; SERVICE PROVIDER – CARLEX DESIGN LIMITED SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with office in Czechowice-Dziedzice (office address and correspondence address: ul. Świerkowicka 41, 43-502 Czechowice-Dziedzice); registered in Register of Entrepreneurs of National Court Registry under the KRS number: 0000668234, Register Court which holds the Company's documentation: District Court for East Katowice in Katowice, VIII Commercial Department KRS, share capital of: 200.000,00 zł, tax ID no. NIP: 8961560922, National Economy Register No. REGON 366781519, e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it..
    12. SALES AGREEMENT – a Product sales agreement concluded or pending conclusion between the Customer and the Seller via the Online Service website.
    13. ELECTRONIC SERVICE – a service rendered electronically by the Service Provider to the benefit of the Service User via the Online Store’s website.
    14. SERVICE USER – (1) a natural person with full legal capacity and, in instances provided for by the commonly applicable regulations also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, onto which the law bestows legal capacity – who uses or intends to use the Electronic Service.
    15. THE CONSUMER RIGHTS ACT, THE ACT – the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended).
    16. ORDER – a Customer’s declaration of will submitted using the Order Form with the direct purpose of concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES PROVIDED BY THE ONLINE STORE

 

  1. The Online Store provides access to the following Electronic Services: Account, Order Form, Newsletter.
    1. Account – use of the Account is possible after performing a total of three subsequent steps by the Service User – (1) filling out the Registration Form, (2) clicking the „Register” field and (3) confirming creation of the Account by clicking the confirmation link automatically sent to the e-mail address provided by the Service User. The Registration Form requires the Service User to provide the following data: name and surname/company name, address (street, house/flat number, postal code, town/city, country), e-mail address, contact telephone number and password. In the case of non-consumer Customers it is also necessary to provide the company name and Tax ID number.
      1. The Account Electronic Service is provided free of charge for an indefinite time. The Service User has the option, at any time and without stating a reason, to delete their Account (resignation from Account) by sending a corresponding request to the Service Provider, in particular via e-mail at the address: This email address is being protected from spambots. You need JavaScript enabled to view it. or in writing at the address: ul. Świerkowicka 41, 43-502 Czechowice-Dziedzice.
    2. Order Form – use of the Order Form begins upon addition by the Customer of the first Product to the electronic shopping cart in the Online Store. Placement of an Order is effected after the Customer performs a total of two subsequent steps – (1) fills out the Order Form and (2) clicks the “Confirm order with the obligation to pay” button on the Online Store’s Website after filling out the Order form – from that point on there is a possibility of individual modification of the entered data (to do that, follow the instructions displayed onscreen and information available at the Online Service’s website). In the Order Form it is essential for the Customer to provide the following data: name and surname/company name, address (street, house/flat number, postal code, town/city, country), e-mail address, contact telephone number and information regarding the Sales Agreement: Product/s, quantity of Products, place and method of Product delivery, method of payment. In the case of non-consumer Customers it is also necessary to provide the company name and Tax ID number.
      1. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service User.
    3. Newsletter – forwarding Newsletter occurs after signing in to the “Newsletter” bookmark on the bottom of the Online Store’s Website and approving regulations after clicking the field “Subscribe”. It is possible to sign in to the Newsletter whilst placing the Order – the e-mail address is kept to Newsletter the moment the Order is placed.
      1. The Newsletter Online Service is provided free of charge for an indefinite time. The Service User as the option, at any time and without stating the cause, to unsubscribe from the Newsletter (resign from the Newsletter) by sending a corresponding request to the Service Provider, particularly via e-mail at the address This email address is being protected from spambots. You need JavaScript enabled to view it. or in writing at the address: ul. Świerkowicka 41, 43-502 Czechowice-Dziedzice.
  2. Technical requirements essential to support the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) e-mail access; (3) Internet browser: Mozilla Firefox version 17.0 or higher or Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher, Microsoft Edge version 25.10586.0.0 or higher; (4) recommended minimum screen resolution: 1280x800 or 1920x1080; (5) enabled option to save Cookie files and Javascript support in the Internet browser.
  3. The Service User is required to use the Online Store in accordance with the law and good customs, and in respect of the personal rights, copyrights an intellectual property rights of the Service Provider and third parties. The Service User is obliged to enter data which is true and accurate. The Service User is also prohibited from entering content which is illegal in nature.
  4. Complaint procedure:
    1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints associated with the operation of the Online Service (excluding the Product complaint procedure, which is described in pts. 6 of the Terms and Conditions) can be submitted by the Service User:
      1. in writing at the address: ul. Świerkowicka 41, 43-502 Czechowice-Dziedzice;
      2. electronically via e-mail at the following address: This email address is being protected from spambots. You need JavaScript enabled to view it.;
    2. In the complaint description it is recommended for the Service User to provide: (1) information and circumstances regarding the subject of complaint, especially the type and occurrence date of the irregularity; (2) the Service User’s claim/request; and (3) contact data of the claimant – this will facilitate and expedite investigation of the complaint by the Service Provider. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.
    3. The Service Provider shall address the complaint without delay, no later than within 14 calendar days from the date of submission.

3. TERMS OF CONCLUDING SALES AGREEMENTS

 

  1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after the prior placement of an Order by the Customer via the Order Form available in the Online Store, according to pt. 2.1.2 of the Terms and Conditions.
  2. The Product price visible on the Online Service’s website is given in euros (EUR) and includes taxes. The Customer is informed of the total value of the Product included in the Order, as well as of the delivery costs (including fees for transport, delivery and postal services) and other costs, or the obligation to pay those costs, if the value of those fees cannot be determined, on the Online Store’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into the Sale’s Agreement.
  3. Procedure of Sales Agreement Conclusion at the Online Store using the Order Form
    1. Conclusion of a Sales Agreement between the Customer and Seller takes place after prior placement by the Customer of an Order in the Online Store as per pt. 2.1.2 of the Terms and Conditions.
    2. After placement of the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for execution. Receipt confirmation of the Order and its acceptance for execution is effected by way of the Seller sending the Customer a message at the e-mail address provided by the Customer, containing at the least the Seller’s statement regarding receipt of the Order and its acceptance for execution, as well as confirmation of the Sales Agreement conclusion. Upon the Customer’s receipt of such message, the Sales Agreement between the Customer and Seller is concluded.
  4. The recording, securing and provision of contents of the concluded Sales Agreement to the Customer takes place though (1) making these Terms and Conditions available on the Online Service’s website and (2) sending the Customer the message mentioned in pt. 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured within the Seller’s Online Store ICT system.

4. METHODS AND TERMS OF PRODUCT PAYMENT

 

  1. The Seller makes the following methods of payment related to the Sales Agreement available to the Customer:
    1. Payment via transfer to the Seller’s bank account.
    2. Electronic and pay-card payments via the PayU service – up to date possible payment methods are provided on the Online Store’s website under the methods and terms of payment tab and on the http://www.payu.pl.
      1. Settlements of electronic and pay card payment transactions are carried out according to the Customer’s choice via the PayU.pl service. Servicing of electronic and pay card payments is handled by:
        1. PayU.pl –PayU S.A. company with a registered office in Poznań (address: ul. Grunwaldzka 182, 60-166 Poznań), entered into the Entrepreneurs Registry of the National Court Register under the number 0000274399, registry documents kept by the District Court of Poznań – Nowe Miasto and Wilda in Poznaniu, share capital in the amount of 4.000.000 PLN fully paid up, Tax ID: 779-23-08-495.
  2. Payment term:
    1. The Customer is obliged to issue the payment within 3 calendar days from the Sales Agreement conclusion date.

5. COSTS, METHODS AND TERMS OF PRODUCT DELIVERY

 

  1. The cost of transportation inside the territory of European Eunion or outside of the Europe Union is payable. Costs of a payable delivery (including transport charges, delivery as well as post services) are fixed by store system or are individually agreed after concluding the Sales Agreement.
  2. Personal collection of a Product by the Customer is free of charge.
  3. The Seller offers Customers the following Product delivery methods:
    1. Courier service.
    2. Pallet shipment service.
    3. Personal collection available at: ul. Świerkowicka 41, 43-502 Czechowice-Dziedzice – on Business Days, between 8 a.m. and 4 p.m.
  4. The time of delivery of the Product to the Customer is up to 45 Business Days, unless in the description of a given Product or during placing an Order a shorter term was indicated. In the case of Products with different delivery times, the delivery deadline shall be the longest time given which may not exceed 45 Business Days. Starting point for delivery of the Product to the Customer shall be calculated from the crediting date of the Seller’s bank account or current account.
  5. The time of readiness of a Product to be collected by the Customer - if the Customer chooses personal collection of a Product, the Product will be ready for collection in up to 45 Business Days, unless during the Order placement, a longer term is specified. The Seller shall additionally notify the Customer of the readiness for pick-up of the Product. In the case of Products with different terms of readiness for collection, the term of readiness for collection is the longest term provided which, however, cannot exceed 45 Business Days. The date on which the term of readiness for collection of the Product by the Customer starts to run shall be calculated from the crediting date of the Seller’s bank account or current account.

6. PRODUCT COMPLAINT

 

  1. The basis and extent of Seller's liability towards the Customer, if the Product sold has a physical or legal defect (warranty), are specified by the generally applicable laws, especially the Civil Code (including art. 556-576 of the Civil Code).
  2. The Seller is obliged to provide the Customer with a Product without faults. Detailed information regarding the Sellers product liability and the Customer’s rights is provided at the Online Store’s website, under the product complaint tab.
  3. A complaint can be submitted by the Customer in the following ways:
    1. in writing to the following address: ul. Świerkowicka 41, 43-502 Czechowice-Dziedzice;
    2. in electronic form via e-mail to the following address: This email address is being protected from spambots. You need JavaScript enabled to view it..
  4. It is recommended that the Customer provide the following in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request regarding the method of restoring the Product to a state of conformity with the Sales Agreement, or statement of price reduction, or withdrawal from the Sales Agreement; and (3) the claimant’s contact information – this will facilitate and expedite investigation of the complaint by the Seller. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.
  5. The Seller shall address the complaint without delay, no later than within 14 calendar days from the date of submission. If a consumer requests an exchange of a Product or a removal of defects or submits a statement of a price reduction, stating the amount of which the price is to be reduced and the Seller does not respond to the complaint within the abovementioned period, it means that the Seller has deemed the complaint as justified.
  6. The Customer who exercises the rights under the warranty shall be obliged to deliver the defective Product at the expense of the Seller to the following address: ul. Świerkowicka 41, 43-502 Czechowice-Dziedzice. In a case of a consumer, the Seller bears a cost of delivery of the Product. In a case of a Customer who is not a consumer, a Customer bears a cost of delivery of the Product. If, due to the nature of the Product or the way it is mounted, the delivery of the Product by Customer would be extremely difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.

7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELL AS RULES OF ACCESS TO THOSE PROCEDURES

 

  1. Detailed information regarding the possibilities for Customers who are consumers to use extrajudicial methods of settling complaints and asserting claims, as well as the rules of access to those procedures are available on the website of the Office of Competition and Consumer Protection at the address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
  2. By the President of the Office of Competition and Consumer Protection operates a contact point (telephone number: +48 22 55 60 333, email address: This email address is being protected from spambots. You need JavaScript enabled to view it. or address: pl. Powstańców Warszawy 1, Warszawa), tasked, among other things, with helping consumers in cases concerning extrajudicial settling of consumer disputes.
  3. A consumer has the following options of using extrajudicial methods of settling complaints and asserting claims: (1) an application to the permanent amicable consumers’ court (more information at a page: http://www.spsk.wiih.org.pl/); (2) an application in a matter of extrajudicial settling of a dispute to the regional inspector of the Commercial Inspection (more information available on a page of the inspector competent due to a Seller’s place of business operation); (3) a aid of the district (municipal) consumer advocate or a social organization, whose tasks include the protection of consumers (incl. the Consumers’ Federation, Polish Consumers’ Association). Advice is provided at the e-mail address This email address is being protected from spambots. You need JavaScript enabled to view it. and under the consumer hotline number 801 440 220 (the hotline operates on Working Days, from 8 a.m. to 6 p.m., connection fee according to operator’s tariff).
  4. At the address http://ec.europa.eu/consumers/odr there is available a platform of online dispute resolution system between consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with one-stop service for consumers and businesses seeking an out-of-court settlement of disputes concerning contractual obligations arising from an online sale or an online service contract (more information on the site of the platform or at the online address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT TO WITHDRAW FROM AN AGREEMENT

 

  1. A Consumer who entered into an agreement remotely may within 14 calendar days withdraw from said agreement without stating a cause and without incurring costs, with the exception of costs incurred in clause 10.8 of the Terms and Conditions. In order to meet the above deadline, it is sufficient to send the declaration of withdrawal before it expires. The withdrawal declaration may be submitted:
    1. in writing at the address: ul. Świerkowicka 41, 43-502 Czechowice-Dziedzice;
    2. electronically via e-mail at the address: This email address is being protected from spambots. You need JavaScript enabled to view it.;
  2. An example agreement withdrawal form template is included as appendix no. 2 to the Consumer Rights Act and additionally available in the pt. 11 of the Terms and Conditions and on the Online Store’s website in the bookmark about possibility of withdrawal of the agreement. The Consumer may use the template form, however it is not obligatory.
  3. The course of the term to withdraw from an agreement begins:
    1. for agreements in the performance of which the Seller releases the Product under obligation to transfer its ownership (e.g. Sales Agreement) – on the date of Product ownership acquisition by the Consumer or a specified third party other than a carrier, and in the case of an agreement which: (1) encompasses multiple Products which are delivered separately, in batches or in parts – on the date of the final Product, batch or part ownership acquisition, or (2) involves regular delivery of Products over a specified time – on the date of the first Product’s ownership acquisition;
    2. for other agreements – on the agreement conclusion date.
  4. In case of withdrawal from an agreement concluded remotely, the agreement is deemed null and void.
  5. The Seller is obliged to immediately, no later than within 14 calendar days from the receipt date of the Consumer’s declaration of withdrawal from the agreement, to refund all payments issued by the Consumer, including the Product’s delivery costs (with the exception of additional costs associated with the method of delivery selected by the Customer other, than the least expensive regular method of delivery offered by the Online Store). The Seller issues the payment refund using the same method of payment used by the Consumer, unless the consumer has clearly consented to a different refund method which is not associated with any additional cost to the Consumer. If the Seller does not offer to reclaim the Product from the Consumer, the Seller may withhold payment of the refund until receipt of the returned Product or delivery of documented proof of a return delivery by the Consumer, whichever occurs first.
  6. The Consumer shall without delay, no later than within 14 calendar days from the agreement withdrawal date, return the Product to the Seller or hand it over to a person authorized by the Seller, unless the Seller has offered to personally reclaim the Product. In order to meet the above deadline, it is sufficient to send the Product back before the deadline expires. A consumer may return the Product at the address: ul. Świerkowicka 41, 43-502 Czechowice-Dziedzice.
  7. The Consumer bears responsibility for degradation of a Product’s value as a result of its use beyond the scope necessary to determine the Product’s nature, features and functioning.
  8. Possible costs associated with the Consumer’s withdrawal from the agreement payable by the Consumer:
    1. If the consumer has selected a Product delivery method other than the least expensive regular delivery method offered by the Online Store, the Seller is not obliged to refund any additional costs incurred due to this fact to the consumer.
    2. The Consumer bears the direct costs of Product return.
    3. In the event of service Products, the provision of which – at the clear request of the Consumer – is commenced before the agreement withdrawal deadline, the Consumer exercising their right to withdraw from the agreement upon submission of such a request is obliged to pay for the services provided until the time of withdrawal from the agreement. The payment amount is calculated proportionally to the scope of services provided, taking into consideration the price or remuneration stipulated in the agreement. If the price or remuneration are in excess, the basis for calculating said amount is the market value of services rendered.
  9. The right to withdraw from an agreement concluded remotely does not apply in the case of:
    1. (1) agreements on rendering services, if the Seller has fully performed the service at the express consent of the consumer, who was informed prior to the commencement of services that the right to withdraw from the agreement shall be lost upon completion of the service by the Seller; (2) agreements in which the price or remuneration depends on fluctuations on the financial market, over which the Seller has no control and which may occur before the expiry of the agreement withdrawal term; (3)  agreements in which the Product or service provided is not prefabricated, but is produced according to the consumer’s specifications or meant to satisfy the consumer’s custom needs; (4) agreements in which the provided Product is highly perishable or has a short use by period; (5) agreements regarding a Product delivered in a sealed package, which is impossible to return upon opening due to health safety or hygienic reasons, if the packaging was opened upon delivery; (6) agreements regarding Products which upon delivery, due to their nature, are inseparably connected to other items; (7) agreements concerning the delivery of alcoholic beverages, whose price was agreed upon during conclusion of the Sales Agreement and which can be delivered only after 30 days, and the value of which depends on market fluctuations, over which the Seller has no control; (8) agreements in which the consumer expressly requested the Seller to come to the consumer’s premises in order to carry out urgent repairs or maintenance; if the Seller additionally renders other services than those requested by the consumer or delivers Products other than replacement parts essential to carry out repairs or maintenance, the consumer has the right to withdraw from the Agreement in relation to the additional services or Products; (9) agreements relating to the provision of audio or video recordings or computer software delivered in sealed packaging, if the packaging was opened upon delivery; (10) agreements regarding the delivery of daily journals, periodic journals or magazines, with the exception of subscription agreements; (11) agreements entered into by way of public auction; (12) agreements for the provision of services in the area of accommodation other than for residential purposes, transport of items, lease of vehicles, catering, services associated with leisure, entertainment, sports or cultural events, if the agreement specifies a date or period of service provision; (13) agreements regarding the delivery of digital content, which are not recorded on a physical carrier, if the performance of services was commenced with the express consent of the consumer before the expiry of the agreement withdrawal terms and after the consumer was previously informed by the Seller of the loss of rights to withdraw from the agreement.

9. PROVISIONS REGARDING ENTREPRENEURS

 

  1. This section of the Terms and Conditions and provisions contained herein relate exclusively to Customers and Service users who are not consumers.
  2. The Seller is entitled to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from its conclusion. Withdrawal from a Sales Agreement in such an instance may take place without stating a cause and does not entitle the Customer who is not a consumer to any claims towards the Seller.
  3. In the case of Customers who are not consumers, the Seller has the right to limit the available methods of payment, as well as require the issue of a prepayment in full or in part, regardless of the method of payment selected by the Customer and the fact of concluding a Sales Agreement.
  4. Upon the Seller’s release of a Product to the carrier, the benefits and burdens associated with the goods and risk of any loss or damage to the Products as a result of accidents are transferred to the Customer who is not a consumer. In such a case the Seller is not responsible for the full or partial loss, or damage to a Product which may occur between the Product’s release for transport and delivery to the Customer, nor for any delays in transport.
  5. In the case of a Product being delivered to a Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel within a time and in a manner generally accepted for such deliveries. If it is determined that loss or damage of the Product occurred during transport, the Customer is obliged to perform all actions necessary to determine the responsibility of the carrier.
  6. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product to the Customer who is not a consumer shall be excluded.
  7. In the case of Service Users who are not consumers, the Service Provider may terminate an Electronic Service Provision agreement with immediate effect and without stating the cause by way of sending a corresponding statement to the Service User.
  8. The Service Provider’s/Seller’s liability towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, shall be limited - both within a single claim, as well as for any claims in total - to the amount of the price paid and the cost of delivery in respect of the Contract for Sale, but not more than the amount of one thousand Polish Zlotys. The Service Provider/Seller shall be accountable to the Service Recipient/Customer who is not a consumer only for typical damage foreseeable at the time of conclusion of the contract and shall not be held accountable for lost profits to the Service Recipient/Customer who is not a consumer.
  9. Any disputes arising between the Service Provider/Seller and the non-consumer Service User/Client shall be settled by a court of competent jurisdiction over the Service Provider’s/Seller’s seat.

10. FINAL PROVISIONS

 

  1. Agreements concluded through the Online Store are drawn up in English.
  2. Amendment of Terms and Conditions:
    1. The Service Provider reserves the right to amend the Terms and Conditions due to significant reasons, i.e. change in legal regulations; change in methods of payment and delivery – in a scope, in which such changes influence the execution of provisions of these Terms and Conditions.
    2. In the event of the conclusion of perpetual agreements based on these Terms and Conditions (e.g. for the provision of the Account – Electronic Service), the amended Terms and Conditions are binding for the Service User, provided that the requirements of art. 384 and 384[1] of the Civil Code are met, i.e. the Service User has been properly notified of the amendments and has not terminated the agreement within 14 calendar days from the notification date. In cases, where an amendment of Terms and Conditions results in the introduction of any new charges or increase of current ones, the Service User who is a consumer is entitled to withdraw from the agreement.
    3. In case of conclusion of agreements other than perpetual ones based on these Terms and Conditions (e.g. Sales Agreements), amendments to the Terms and Conditions shall in no way affect the rights acquired by consumer Service Users/Customers before the effective date of the amended Terms and Conditions; in particular the amendments to the Terms and Conditions will not affect pending or already placed Orders and concluded, in progress or performed Sales Agreements.
  3. In matters not regulated in these Terms and Conditions, the commonly applicable regulations of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); for Sales Agreements concluded before the 24th of December 2014 with consumer Customers – provisions of the 2nd of March 2000 Act on the Protection of Certain Consumer Rights and Hazardous Product Liability (Journal of Laws of 2000 no. 22, pos. 271 further amended), and the 27th of July 2002 Act on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code (Journal of Laws of 2002 no. 141, pos. 1176 further amended); for Sales agreements concluded after the 25th of December 2014 with consumer Customers – the provisions of the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended); as well as other corresponding provisions of commonly applicable law.
  4. These Terms and Conditions shall not exclude the laws of the country of habitual residence of the consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by agreement. Seller/Service Provider warrants in this case, the consumer protection afforded to him by provisions which cannot be excluded by agreement.

11. MODEL WITHDRAWAL FORM (APPENDIX NO. 2 TO THE CONSUMER RIGHTS ACT)

 

Model withdrawal form

(This form must be completed and returned only if you fish to withdraw from the contract)

 

- Recipient:

CARLEX DESIGN LIMITED SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ

ul. Świerkowicka 41, 43-502 Czechowice-Dziedzice

store.carlexdesignlimited.com

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

- I/We (*) hereby inform of my/our withdrawal from the contract of sale of the following goods(*) contract for the supply of the following goods(*) contract for specific task consisting in making the following goods(*)/provision of the following services(* )

 

- Date of the contract(*)/reception(*)

- Name of consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (only if this form is sent by letter)

- Date

 

Model withdrawal form (*.pdf)

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS
  2. BASIS FOR THE PROCESSING OF DATA
  3. PURPOSE, BASIS, PERIOD AND SCOPE OF PROCESSING DATA IN THE ONLINE STORE
  4. DATA RECIPIENTS IN THE ONLINE STORE
  5. PROFILING IN THE ONLINE STORE
  6. THE RIGHTS OF THE DATA SUBJECT
  7. COOKIES IN THE ONLINE STORE, OPERATIONAL DATA AND ANALYTICS
  8. FINAL PROVISIONS

 

1. GENERAL PROVISIONS

  1. This Privacy Policy of an Online Store is of informative nature, which means that it shall be no source of obligations for Service Users or Customers of the Online Store. The Privacy Policy contains, above all, the principles concerning the processing of data by the Controller in the Online Store, including the basis, purpose and scope of personal data processing and the rights of data subjects as well as information regarding the use of cookies and analytical tools in the Online Store.
  2. The Controller of the personal data collected via the Online Store shall be CARLEX DESIGN LIMITED SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with office in Czechowice-Dziedzice (office address and correspondence address: ul. Świerkowicka 41, 43-502 Czechowice-Dziedzice); registered in Register of Entrepreneurs of National Court Registry under the KRS number: 0000668234, Register Court which holds the Company's documentation: District Court for East Katowice in Katowice, VIII Commercial Department KRS, share capital of: 200.000,00 zł, tax ID no. NIP: 8961560922, National Economy Register No. REGON 366781519, e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it. – hereinafter referred to as “Controller” and being simultaneously the Service Provider of the Online Store and the Seller.
  3. Personal data in the Online Store shall be processed by the Controller in accordance with the binding legal regulations, in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (General Data Protection Regulation) ¬ hereinafter referred to as “GDPR” or “GDPR Regulation”. The official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679.
  4. Using the Online Store, including shopping, is voluntary. Similarly, providing personal data by the Service User or the Customer using the Online Store is voluntary, subject to two exceptions: (1) entering into contracts with the Controller – failure to provide the personal data necessary for the conclusion and performance of the Contract of Sale or a contract for the provision of an E-Service with the Controller in the cases and within the scope indicated on the website of the Online Store and the Terms and Conditions of the Online Store and this Privacy Policy shall result in no possibility to enter into the contract. Providing personal data is a contractual requirement in such a case and if the data subject is willing to enter into the contract with the Controller, they shall be obligated to provide the required data. The scope of the data required to enter into the contract is each time specified in advance on the website of the Online Store and in the Terms and Conditions of the Online Store; (2) statutory obligations of the Controller – specifying the personal data is a statutory requirement resulting from the commonly binding legal regulations obligating the Controller to process the personal data (e.g. processing data to fiscal books and ledgers) and failure to specify the data will render it impossible for the Controller to perform the obligations.
  5. The Controller assures due diligence to protect the interest of persons being data subjects, in particular being responsible and liable for and assuring that the data collected are: (1) processed in accordance with the Act; (2) collected for specific, legal purposes and not subject to further processing inconsistent with the purposes; (3) correct as regards the subject matter and adequate as regards the purpose of the processing; (4) stored in a form making it possible to identify the people they apply to, no longer than it proves necessary to attain the purpose of processing and (5) processed in a manner ensuring security of the personal data, including the protection against illicit or illegal processing or accidental loss, damage or destruction, with the use of appropriate technical and organisational measures.
  6. Taking into account the nature, scope, context and purpose of processing as well as the risk of breaching the rights or freedoms of natural persons with varied likelihood and degree of threat, the Controller is implementing appropriate technical and organisational measures so that the processing takes place pursuant to the Regulation and it is possible to show it. The measures are reviewed and updated, as necessary. The Controller applies technical measures preventing the acquisition and modification of personal data sent electronically by unauthorised persons.
  7. Any words, phrases and acronyms used in this privacy policy starting with a capital letter (e.g. Seller, Online Store, E-Service) shall be understood in accordance with the definition contained in the Terms and Conditions of the Online Store available on the websites of the Online Store.

 

2. BASIS FOR THE PROCESSING OF DATA

  1. The Controller is authorised to process the personal data in cases, and to the extent, when at least one of the following conditions is met: (1) the data subject consented to the processing of their data to one or more specified ends; (2) processing is necessary for contract performance the data subject is a party to, or to take actions to the request of the data subject, prior to contract conclusion; (3) processing is necessary to meet the legal obligation of the Controller; or (4) processing is necessary for the needs resulting from the legally justified interests of the Controller or third party, except for situations when the interests or basic rights and freedoms of the data subject override such interests and they require personal data protection, especially when the data subject is a child.
  2. The processing of personal data by the Controller each time requires having at least one basis indicated in item 2.1 of the privacy policy. Specific bases for processing personal data of the Service Users or the Customers of the Online Store by the Controller are specified in the following point of the privacy policy – as regards the specific goal of processing personal data by the Controller.

 

3. PURPOSE, BASIS, PERIOD AND SCOPE OF PROCESSING DATA IN THE ONLINE STORE

  1. Each time, the purpose, basis, period and scope as well as the recipients of personal data being processed by the Controller result from actions undertaken by a given Service User or Customer in the Online Store. For instance, in the case the Customer decides to purchase a product in the Online Store and selects collecting the purchased Product personally instead of shipment, their personal data will be processed with a view of performing the Contract of Sale entered into, but they will not be made available to the courier delivering the shipment to the Controller’s order.
  2. The Controller may process the personal data in the Online Store for the purposes, on the bases, within the periods and scope, as follows:
    Purpose of data processing Legal basis for processing and the period of data storage Scope of data processing
    The performance of the Contract of Sale or a contract for the provision of an E-Service, or taking actions to the request of the data subject, prior to entering into the above contracts.

    Article 6, par. 1, point b) of the GDPR Regulation (contract performance)

    The data shall be stored for the period necessary for the performance, termination or expiry of a contract entered into in a different manner.

    Maximum scope: name and surname; e-mail address; phone no.; delivery address (street, flat no., office no., zip code, town, country), address of residence/running a business/registered office, if different than the delivery address).

    In the case of Service Users or Customers who are not consumers, the Controller may also process the company name and Tax ID no. (NIP) of the Service User or the Customer.

    The above constitutes the maximum scope – in the case of e.g. collecting a product personally, one does not have to specify the delivery address.

    Direct marketing

    Article 6, par. 1, point f) of the GDPR Regulation (legitimate interest of the controller)

    The data shall be stored for the period of the legitimate interest of the Controller, however no longer than the period of limitation of claims as regards the data subject under the business activity of the Controller. The period of limitation shall be specified by legal provisions, in particular the Civil Code (the basic period of limitation in the case of claims related to business activity amounts to three years, and for a Contract of Sale two years).

    The Controller may not process the data for the needs of direct marketing in the case of expressing clear objection in this field by the data subject.

    E-mail address
    Marketing

    Article 6, par. 1, point a) of the GDPR Regulation (consent)

    The data are stored until the data subject withdraws the consent to further process their data to that end.

    Name, e-mail address
    Keeping ledgers

    Article 6, par. 1, point c) of the GDPR Regulation in relation with Article 74 par. 2 of the Act on Accounting, consolidated text of 30 January 2018 (Journal of Laws of 2018 item 395)

    The data shall be stored for the legally required period, requesting the Controller to store ledgers (5 years, counting from the beginning of the year following the fiscal year the data apply to).

    Name and surname: address of residence/running a business/registered office (if other than the delivery address), business name and Tax ID no. (NIP) of the Service User or the Customer.
    Determining, pursuing or defence of claims on the side of the Controller, or ones that may arise as regards the Controller.

    Article 6, par. 1, point f) of the GDPR Regulation

    The data shall be stored for the period of the legitimate interest of the Controller, however no longer than the period of limitation of claims as regards the data subject under the business activity of the Controller. The period of limitation shall be specified by legal provisions, in particular the Civil Code (the basic period of limitation in the case of claims related to business activity amounts to three years, and for a Contract of Sale two years).

    Name and surname; phone no.; e-mail address; delivery address (street, flat no., office no., zip code, town, country), address of residence/running a business/registered office (if different than the delivery address).

    In the case of Service Users or Customers who are not consumers, the Controller may also process the company name and Tax ID no. (NIP) of the Service User or the Customer.

 

4. DATA RECIPIENTS IN THE ONLINE STORE

  1. For the needs of proper Online Store functioning, inclusive of the performance of the Contracts of Sale entered into, it shall be necessary for the Controller to make use of external companies’ services (e.g. software provider, courier, or payment system provider). The Controller uses solely the services of such processing entities which ensure sufficient guarantee to implement appropriate technical and organisational measures so that the processing meets the requirements set out in the GDPR Regulation and protects the rights of data subjects.
  2. Providing data by the Controller does not take place in every case and not to all the recipients or categories of recipients defined in the privacy policy – the Controller provides the data only in the case it proves necessary to attain a given purpose of personal data processing and solely within the necessary scope. For instance, in the case the Customer selects collecting an item personally, their data will not be given to the carrier being the Controller’s collaborator.
  3. Personal data of the Online Store Service Users or Customers may be provided to the following recipients or categories of recipients:
    1. carriers/forwarders/couriers – in the case of a Customer who selects the Online Store to deliver the Product by post or courier, the Controller makes the collected Customer’s personal data available to the selected carrier, forwarder or agent performing shipment for the Controller to the extent necessary to deliver the Product to the Customer.
    2. e-payments or payment card service providers – in the case of a Customer who uses in the Online Store the option of e-payment or payment card, the Controller makes the collected Customer’s personal data available to the selected payment service provider in the Online Store for the Controller to the extent necessary to perform the payment of the Customer.
    3. service providers rendering for the Controller technical, IT or organisational solutions, making it possible for the Controller to conduct a business, inclusive of the Online Store and E-Services provided via it (in particular computer software providers for the Online Store, e-mail companies and hosting providers as well as software providers for company management and technical aid for the Controller) – the Controller makes the collected personal data of the Customer available to the selected provider operating to their order only in the case and to the extent necessary for attaining a given purpose of data processing in accordance herewith.
    4. accounting, legal and counselling services providers rendering for the Controller accounting, legal or counselling services (in particular an accounting agency, law firm or debt collection company) – the Controller makes the collected personal data of the Customer available to the selected provider operating to their order only in the case and to the extent necessary for attaining a given purpose of data processing in accordance herewith.

 

5. PROFILING IN THE ONLINE STORE

  1. The GDPR Regulation obligates the Controller to inform about the automated decision-making process, including profiling referred to in Article 22, par. 1 and 4 of the GDPR Regulation, and – at least in those cases – the vital information concerning the decision-making process as well as the meaning and foreseeable consequences of processing for the person being the data subject. Bearing in mind the above, the Controller specifies in this point of the privacy policy the information concerning the possible profiling.
  2. The Controller may use profiling in the Online Store for direct marketing purposes, yet the decisions made on its basis by the Controller do not concern the conclusion or rejection to conclude the Contract of Sale, or the possibility to make use of E-Services in the Online Store. The result of profiling in the Online Store may be e.g. discount for a given person, sending a discount code, reminding about unfinished purchase process, sending Product offers, which may be related to the interests or preferences of the person, or offering better conditions as compared with the standard offer of the Online Store. Regardless of profiling, the person makes decisions freely, whether they want to use the discount given, or better conditions and buy a product in the Online Store.
  3. Profiling in the Online Store consists in automatic analysis or forecast of the conduct of a given person on the website of the Online Store, e.g. by adding a given Product to the cart, browsing the page of a given product in the Online Store, or the analysis of the history of purchase in the Online Store. The condition for such profiling is for the Controller to have the personal data of the person, so that they can later send them e.g. a discount code.
  4. The data subject shall have the right not to depend on the decision which is only based on automated processing, including profiling, and has some legal effects on the person or similarly affects them.

 

6. THE RIGHTS OF THE DATA SUBJECT

  1. The right to access, rectify, restrict, erase or transmit – the data subject shall have the right to demand the Controller to have access to their personal data, rectify, erase (“the right to be forgotten”) or restrict the processing and shall have the right to object to the processing and transmit their data. Detailed conditions of the above rights shall be indicated in Articles 15¬22 of the GDPR Regulation.
  2. The right to withdraw the consent at any time – the person whose data are being processed by the Controller on the basis of the consent given (pursuant to Article 6, par. 1, point a) or Article 9, par. 2, point a) of the GDPR Regulation), they shall have the right to withdraw their consent at any time without any impact on the compatibility with the right to process made based on the consent prior to the withdrawal.
  3. The right to lodge a complaint with a supervisory body – the person whose data are being processed by the Controller shall have the right to lodge a complaint with a supervisory body in a manner and mode specified in the provisions of the GDPR Regulation and the Polish law, in particular the Personal Data Protection Act. The supervisory body in Poland shall be the President of the Office for Personal Data Protection.
  4. The right to object – the data subject shall have the right, at any time, to lodge a complaint – for reasons related to their particular situation – as regards the processing of their personal data based on Article 6, par. 1, point e) (public interest or official authority) or f) (legitimate interest of the controller) in the case of profiling based on the provisions. The Controller in such a case must stop processing the personal data, unless they show the existence of legally significant and justified bases for the processing, overriding the interests, rights and freedoms of the data subject, or the bases for determining, pursuing or defending the claims.
  5. The right to object as regards direct marketing – in the case the personal data are being processed for the needs of direct marketing, the data subject shall have the right, at any time, to lodge a complaint as regards the processing of their personal data for the needs of such marketing, including profiling, to the extent to which the processing is related to direct marketing.
  6. To perform the rights mentioned in this point of the privacy policy, one may contact the Controller by sending them an appropriate message in writing or via e-mail to the address of the Controller indicated at the beginning of the privacy policy or using the contact form available on the Online Store’s website.

 

7. COOKIES IN THE ONLINE STORE, OPERATIONAL DATA AND ANALYTICS

  1. Cookies are small pieces of text files sent by the server and saved at the visitor’s of the Online Store (e.g. on the hard disk of a computer, laptop, or smartphone’s memory card – depending on the type of device used by the Online Store’s visitor). Detailed information on Cookies as well as the history of their origin can be found e.g. at: http://pl.wikipedia.org/wiki/Ciasteczko (https://en.wikipedia.org/wiki/HTTP_cookie).
  2. The Controller may process the data contained in Cookies while the visitors of the Online Store use it for the following purposes:
    1. 1.1.1.      identification of the Service Users being logged in the Online Store and showing that they are logged in;
    2. 1.1.1.      saving Products added to the cart to place an order;
    3. 1.1.1.      saving data from the Order Forms, polls or logging data to the Online Store;
    4. 1.1.1.      adjusting the content of the Online Store to individual preferences of the Service User (e.g. concerning the colours, font size, layout) and optimising the use of the Online Store’s websites;
    5. 1.1.1.      preparing anonymous statistics presenting the manner of using the Online Store;
    6. 1.1.1.      remarketing, namely evaluating the conduct of visitors of the Online Store through anonymous analysis of their activities (e.g. repeated visits on particular pages, key words etc.) to create their profile and provide them with adverts matching their interests, also when they visit other websites in the advertising network of Google Ireland Ltd. and Facebook Ireland Ltd.;
  3. As a standard, most internet browsers on the market accept saving Cookies by default. Every person has the possibility to specify the conditions of using Cookies in the browser settings. It means that one may, e.g. partially restrict (e.g. temporarily) or fully disable saving Cookies – in the latter case it may have an impact on some functionalities of the Online Store (for instance it may prove impossible to go through the Order using the Order Form owing to failure to save the Products in the cart in the course of subsequent stages of Order placement).
  4. The browser settings concerning Cookies are essential as regards the consent to use Cookies by our Online Store – in accordance with the law, such consent may also be expressed in the browser settings. In view of lack of such consent, change the browser setting accordingly as regards Cookies.
  5. Detailed information concerning the change in Cookies settings and their individual removal in the most common browsers is available in the help section of the browser and the following websites (click the link):
    1. Chrome
    2. Firefox
    3. Internet Explorer
    4. Opera
    5. Safari
    6. Microsoft Edge
  6. The Controller may use Google Analytics and Universal Analytics services in the Online Store, which are provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). The services help the Controller to analyse the frequency of visits in the Online Store. The data collected are processed under the above services in an anonymous manner (the so-called operational data, which make it impossible to identify a person) to generate statistics helpful while administering the Online Store. The data are of collective and anonymous nature, i.e. they do not contain any identifying features (personal data) of the visitors of the Online Store. Using the above services in the Online Store, the Controller collects such data as the sources and medium of acquiring visitors of the Online Store and the manner of their conduct on the website of the Online Store, information concerning their devices and browsers used to visit the website, IP and domain, geographical data and demographic data (age, sex) and interests.
  7. It is possible to easily block sharing information with Google Analytics as regards the activity on the website of the Online Store – install to that end an opt-out add-on made available by Google Ireland Ltd. available at: https://tools.google.com/dlpage/gaoptout?hl=pl.

 

8. FINAL PROVISIONS

  1. The Online Store may contain links to other websites. The Controller encourages that at the time of being transferred to other websites, become familiar with the privacy policy. This privacy policy shall apply only to the Online Store of the Controller.

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