TERMS AND CONDITIONS FOR THE PROVISION OF THE SERVICE
Pasuri Premium
§1 General provisions
The Service Provider provides the Services in accordance with these Terms and Conditions and generally applicable provisions of law.
The Service Provider may be contacted:
by post: Pasuri Group Spółka Cywilna, ul. Zjednoczenia 9, 65-120 Zielona Góra,
by e-mail: [email protected],
by telephone: +48601447443,
via the contact form.
The Service Provider makes these Terms and Conditions available on the Store website and may also make them available in the Customer Account or attach them to e-mail messages containing statements of acceptance of Customers’ offers. Customers may at any time access the Terms and Conditions, record them, obtain them and reproduce them by printing them or saving them on a data carrier.
In order to use the Service, the Customer must have an ICT device with Internet access, a properly configured web browser in the current or immediately preceding version: Microsoft Edge, Mozilla Firefox, Google Chrome, Safari or Opera, with JavaScript enabled, as well as an active and properly configured e-mail account and Customer Account.
§2 Ordering the Service
Orders may be placed via the Store website 7 days a week, 24 hours a day, using the Cart function.
After completing the list of items to be ordered, the Customer proceeds to place the order in the Cart area.
To place an order, the Customer should follow the successive steps in accordance with the messages displayed on the Store pages.
When placing an order, the Customer is required to:
enter the data marked as required. Failure to provide such data will make it impossible to complete the order,
select the payment method and delivery method.
Before placing the order, the Customer is shown, in the Cart area, information on the total price of the order including taxes and ancillary costs, in particular payment costs.
An order may be placed by using the appropriate button in the Cart and is equivalent to the Customer submitting to the Service Provider an offer to conclude an agreement for the provision of the Services included in the order.
Before submitting the order form, by selecting the appropriate checkbox, the Customer should declare that they have read these Terms and Conditions and accept their provisions.
The Service Provider confirms acceptance of the order by promptly sending an e-mail message. The message contains the terms of the agreement for the provision of Services agreed by the parties, as well as the data entered by the Customer in the order form, so as to enable any errors in that data to be detected. If such an error is detected, the Customer may notify the Service Provider by sending an e-mail indicating the correct data.
Confirmation of acceptance of the order is equivalent to the Service Provider accepting the Customer’s offer to conclude an agreement for the provision of Services.
§3 General terms for the provision of the Service
The Service Provider provides Customers with a paid Service consisting of membership in the Pasuri Premium programme, in accordance with these Terms and Conditions and the information made available on the Service page.
The Services available in the Service Provider’s offer are each time presented in the current range on the Store website. The specific nature and characteristics of each Service are set out in the description on the relevant Service page within the Store website.
The subject matter of the agreement is the paid provision by the Service Provider of the Pasuri Premium membership Service for a period of 12 months from the date on which the agreement for the provision of Services is concluded.
Under this Service, for the duration of the agreement, the Service Provider undertakes to:
entitle the Customer to use the method of delivery of Goods to a parcel locker or parcel station made available by the Service Provider, without being required to pay the delivery fee indicated by the Service Provider for delivery of the Goods to a parcel locker or parcel station for the purpose of performing a Sale Agreement for Goods concluded through the Store, in accordance with the conditions set out in these Terms and Conditions,
provide the Customer with an entitlement allowing the value of orders placed using a Customer Account marked with Pasuri Premium membership status to be automatically reduced by 5% of the gross value of the order, in accordance with the conditions set out in these Terms and Conditions,
mark the Customer Account with Pasuri Premium member status for the duration of the Service, in accordance with the information made available on the Service page.
The Customer undertakes to pay the price indicated when placing the order, in accordance with the current Service price list made available on the Store website.
The Service is provided exclusively to and for the individual use of the Customer.
Making the subject matter of this Service available to third parties is prohibited.
The period for commencement of performance of the Service is calculated from the time the payment is credited to the Service Provider’s bank account.
Under each payment option, performance of the Service commences no earlier than after payment has been made by the Customer.
After the agreement for the provision of Services expires, it is not automatically renewed.
The Service Provider reserves the right to conduct promotional campaigns, in particular campaigns involving a reduction in the price of Services until a specified date.
The agreement for the provision of the Pasuri Premium membership Service is concluded when the Service Provider confirms acceptance of the Customer’s order and remains in force for 12 months.
The agreement for the provision of the Service is concluded in Polish and its content is consistent with these Terms and Conditions.
§4 Benefits arising from the provision of the Service
The Customer may exercise the entitlement to delivery without paying the delivery fee indicated by the Service Provider solely for the purpose of performing a Sale Agreement for Goods concluded through the Store where payment under the Sale Agreement is made in advance.
As part of the Service, the Service Provider provides the Customer with delivery of Goods solely using the option of delivery of the Goods by the Carrier to a parcel locker or parcel station selected by the Customer.
Deliveries are made within the territory of the Republic of Poland.
During the term of the agreement for the provision of the Service, the Customer is entitled to an unlimited number of deliveries referred to in this section.
To exercise the entitlement referred to in the point above, the Customer is required to place an order for the Sale of Goods using a Customer Account marked with Pasuri Premium member status. When placing an order, the Customer should follow the successive steps in accordance with the messages displayed on the Store pages.
The discount referred to in § 3(4)(2) of these Terms and Conditions is automatically assigned to the Customer Account marked with Pasuri Premium membership status upon commencement of the provision of the Service.
The discount granted under this Service entitles the Customer to reduce the value of an order under a Sale Agreement for Goods by an amount equal to 5% of the gross value of the order.
The discount may be used by the Customer in respect of any order involving the conclusion of a Sale Agreement for Goods during the term of the agreement for the provision of the Service.
The Customer is entitled to use the discount an unlimited number of times during the term of the agreement.
Within a single order under a Sale Agreement for Goods, the discount is applied once to the entire order when the order is placed. It may not be further divided or used again within the same order.
The discount obtained under this Service may be combined with other discounts and discount codes offered by the Service Provider.
Only Goods offered via the Store website are covered by the discount.
The Customer Account is marked with Pasuri Premium member status, as referred to in § 3(4)(3) of these Terms and Conditions, for the period during which the Service is provided, in accordance with the information provided on the Service page.
The manner in which the Customer Account is marked with Pasuri Premium member status is determined in accordance with the information provided on the Service page.
In matters not regulated by these Terms and Conditions, the provisions of the Store Terms and Conditions apply, in particular the provisions concerning vouchers and delivery.
§5Payments
The amount payable for an order is determined on the basis of the price list available on the Service Provider’s website at the time the Service is ordered.
The price stated on the Store website for the Service is a gross price expressed in Polish zlotys and includes the amount of taxes due. The price includes the cost of handling payment methods, the amount of which corresponds to the actual costs incurred by the Service Provider. Information on the costs of handling payment methods is provided to the User before the payment method is selected.
The total price of the order, displayed in the Cart area before the order is placed and after the payment method has been selected, includes the price of the ordered Services together with taxes due and all ancillary costs, in particular transaction costs.
The Service Provider enables the following payment methods for the Services provided:
by electronic transfer to the Service Provider’s bank account through an external payment operator,
by payment card through an external payment operator,
by BLIK through an external payment operator.
The Service Provider uses the services of external payment operators:
using the external PayNow payment system operated by mElements S.A., with its registered office in Warsaw (00-850), at ul. Prosta 18, entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000590484, NIP: 5223047892 and REGON: 363203696,
using the external Google Pay payment system operated by Google Ireland Limited, with its registered office at Gordon House, Barrow Street, Dublin 4 (Ireland).
The Customer is required to make payment when placing the order.
The Service Provider refunds payments promptly, no later than within 14 days from the date on which the grounds for the refund arise, in the event of:
withdrawal from the agreement by the Consumer,
the Service Provider accepting, in whole or in part, a claim covered by a complaint, on the basis of generally applicable provisions of law.
The refund is made using the same payment method that was used by the Customer in the original transaction, unless the Customer agrees to another solution that does not involve any costs for the Customer.
§6 Complaints – non-conformity with the agreement
The provisions of this section concern the rights of Consumers.
Complaints may be submitted on the grounds that the Service provided does not conform to the agreement, in accordance with applicable law.
A complaint may be submitted by letter or e-mail to the postal or electronic address of the Service Provider. It may be submitted using the form, a specimen of which is attached to these Terms and Conditions, but use of the form is not mandatory.
It is recommended that a complaint include:
the Consumer’s contact details to be used for replying to the complaint and conducting related correspondence,
the Consumer’s bank account number to be used for refunding funds if such circumstances arise,
a description of the problem and the Consumer’s identification details.
The Service Provider considers complaints within 14 days of the date on which they are submitted.
The Service Provider will inform the Consumer of the manner in which the complaint has been resolved electronically or by ordinary mail, depending on the Consumer’s preference or the method used by the Consumer to submit the complaint.
Any refund of funds in connection with a complaint will be made by bank transfer to a bank account, in accordance with the Consumer’s preference.
§7 Out-of-court complaint handling and pursuit of claims
The Consumer may use the following out-of-court methods of handling complaints and pursuing claims:
submit an application for settlement of a dispute arising from the concluded agreement to a permanent consumer arbitration court operating at the Trade Inspection, whose address, according to jurisdiction, can be determined via the website of the Office of Competition and Consumer Protection at the URL https://www.uokik.gov.pl/wazne_adresy.php#faq596,
submit an application to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Service Provider to the provincial inspector of the Trade Inspection, whose address, according to jurisdiction, can be determined via the website of the Office of Competition and Consumer Protection at the URL https://www.uokik.gov.pl/wazne_adresy.php#faq595,
use the assistance of a district or municipal consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
Detailed information on out-of-court procedures for handling complaints and pursuing claims, as well as the rules governing access to those procedures, is available at the offices and on the websites of the entities referred to in point 1.
A list of entities and institutions that carry out tasks related to out-of-court resolution of consumer disputes, together with detailed information in this regard, is available on the website of the Office of Competition and Consumer Protection at the URL https://www.uokik.gov.pl.
§8 Withdrawal from the agreement
The Consumer may withdraw from the agreement without giving any reason within 14 days, subject to the rules set out in the information on withdrawal from the agreement attached to these Terms and Conditions.
The right to withdraw from the agreement does not apply, inter alia, to an agreement under which the Service Provider has fully performed the service with the Consumer’s express consent, where the Consumer was informed before performance began that, once the Service Provider had fully performed the service, the Consumer would lose the right to withdraw from the agreement.
In other cases, the agreement may be withdrawn from by submitting a statement of withdrawal to the Service Provider. The statement may be submitted using the form, a specimen of which is attached to these Terms and Conditions.
In the event of withdrawal from the agreement, the agreement is deemed not to have been concluded. If the Consumer submits a statement of withdrawal before the Service Provider accepts the Consumer’s offer, the offer ceases to be binding.
§9 Processing of data and cookies
Information on the conditions for processing personal data is contained in the Store’s Privacy and Cookies Policy.
Information on the cookies used is contained in the Store’s Privacy and Cookies Policy.
§10 Entry into force and amendment of the Terms and Conditions
These Terms and Conditions enter into force 1 day after the date on which they are published on the Store website.
These Terms and Conditions may be amended due to changes in provisions of law concerning the subject matter of the Services, as well as due to technical or organisational changes concerning the services provided by the Service Provider.
The Terms and Conditions are amended by publishing their new wording on the Store website.
An amendment to the Terms and Conditions does not apply to agreements concluded before the date of the amendment.
Information about an amendment to the Terms and Conditions is published on the Store website 3 days before the date on which the new wording takes effect.
The Service Provider sends information about an amendment to the Terms and Conditions electronically where the parties are bound by an agreement concluded for an indefinite period.
§11 Final provisions
The meaning of capitalised terms is consistent with the explanations contained in the section setting out the definitions used in these Terms and Conditions.
Capitalised terms not defined in the section setting out the definitions used in these Terms and Conditions have the meaning assigned to them in the Store Terms and Conditions.
The Service Provider is not liable for:
interruptions in the proper functioning of the Store and improper provision of Services caused by force majeure, in relation to Customers who are not Consumers,
interruptions in the proper functioning of the Store and improper performance of Services for Customers who are not Consumers, caused by technical activities or by reasons attributable to entities through which the Service Provider provides the Services,
lost benefits of Customers who are not Consumers.
If a dispute between the Service Provider and a Customer who is not a Consumer, or a Consumer who does not reside in the territory of the Republic of Poland, cannot be settled amicably, and where such an arrangement is permitted by the law of that Consumer’s country, the court having jurisdiction over the registered office of the Service Provider shall have jurisdiction to settle the dispute.
In relation to Customers who are not Consumers or Consumers who do not reside in the territory of the Republic of Poland, where the law of their country permits such an arrangement, the law of the Republic of Poland shall govern the performance of an agreement concluded with the Service Provider and the resolution of disputes related to that agreement.
The provisions of these Terms and Conditions are not intended to exclude or limit the rights of a Customer who is a Consumer arising from the provisions of locally applicable mandatory law. A Consumer may not waive such rights.
With respect to agreements concluded with the Service Provider, if these Terms and Conditions are inconsistent with generally applicable provisions of law in the Consumer’s country, the generally applicable provisions of law in the Consumer’s country shall apply.
If any provisions of these Terms and Conditions prove invalid or ineffective, this does not affect the validity and effectiveness of the remaining provisions of these Terms and Conditions. The invalid or ineffective provisions shall be replaced by a rule corresponding to what the parties agreed or what they would have agreed had they included such a provision in these Terms and Conditions.
§12 Definitions used in these Terms and Conditions
Customermeans a natural person, legal person or organisational unit without legal personality to which generally applicable provisions of law grant legal capacity, which concludes an agreement with the Service Provider for the provision of the Service.
Customer Accountmeans a panel enabling the Customer to manage their orders through the Store, subject to registration and login.
Consumermeans a Customer who is a natural person and concludes an agreement for a purpose not directly related to their business or professional activity.
Pasuri Premiummeans a paid Service provided by the Service Provider to the Customer under a fixed-term agreement concluded between the parties through the Store, on the terms set out in these Terms and Conditions.
Terms and Conditionsmeans these contractual terms, the subject matter of which is the electronic provision of Services by the Service Provider to Customers through the Store.
Store Terms and Conditionsmeans the terms and conditions of the Store, the content of which is available on the website at the URL: pasuri.pl/Informacje/Regulamin.
Storemeans the store operated by the Service Provider via the website available on the Internet at the URL: pasuri.pl.
Service Providermeans Pasuri Group Spółka Cywilna with its registered office in Zielona Góra (65-120) at ul. Zjednoczenia 9, REGON: 526769012 and NIP: 9731097355, operated by the partners: Bartosz Majewski, conducting business under the business name MJS Bartosz Majewski, with its registered office in Zielona Góra (65-528) at ul. Tadeusza Zawadzkiego "Zośki" 40a/1, registered in the Central Register and Information on Business Activity maintained by the Minister of Development and Technology under NIP: 9730947142 and REGON: 080312510, and Magdalena Węglewska, conducting business under the business name MKJ Magdalena Węglewska, with its registered office in Zielona Góra (65-528) at ul. Tadeusza Zawadzkiego "Zośki" 40a/1, registered in the Central Register and Information on Business Activity maintained by the Minister of Development and Technology under NIP: 9731088273 and REGON: 523255100. The Service Provider may be contacted by telephone at 601447443 and by e-mail at [email protected].
Servicemeans a service provided by the Service Provider to the Customer under an agreement concluded between the parties through the Store. The agreement is concluded within an organised distance-contracting system, without the simultaneous physical presence of the parties.
INFORMATION ON THE EXERCISE OF THE RIGHT
TO WITHDRAW FROM THE AGREEMENT
INFORMATION ON WITHDRAWAL FROM THE AGREEMENT
The provisions contained in this information apply to Consumers.
You have the right to withdraw from an agreement concluded in our Store within 14 days without giving any reason, subject to the cases indicated in the section “Exclusion of the right to withdraw from the agreement”. The withdrawal period expires 14 days after the date on which the agreement is concluded.
To meet the withdrawal deadline, it is sufficient for you to send information concerning your exercise of the right of withdrawal before the withdrawal period expires.
To exercise the right of withdrawal, you must inform us: Pasuri Group Spółka Cywilna, ul. Zjednoczenia 9, 65-120 Zielona Góra, e-mail: [email protected], of your decision to withdraw from this agreement by an unequivocal statement (for example, a letter sent by post or e-mail).
When withdrawing from the agreement, you may use the model withdrawal form, but this is not mandatory. The model form is attached to the terms and conditions for the provision of electronic services within the Store.
EFFECTS OF WITHDRAWAL FROM THE AGREEMENT
If you withdraw from this agreement, we will reimburse all payments received from you without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to exercise the right to withdraw from this agreement.
We will make the reimbursement using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
EXCLUSION OF THE RIGHT TO WITHDRAW FROM THE AGREEMENT
The right to withdraw from an off-premises or distance agreement does not apply to a Consumer in respect of service agreements where the trader has fully performed the service with the Consumer’s express consent and the Consumer was informed before performance began that, once the trader had fully performed the service, the Consumer would lose the right of withdrawal.
MODEL WITHDRAWAL FORM
(complete and return this form only if you wish to withdraw from the agreement)
Addressee: Pasuri Group Spółka Cywilna, ul. Zjednoczenia 9, 65-120 Zielona Góra | [email protected]
I/We(*) hereby give notice that I/We(*) withdraw from my/our agreement for the provision of the following service(*):
Method of reimbursement of the payment made:
Date of conclusion of the agreement(*)/receipt(*):
First name and surname:
Address:
Signature:
(only if this form is submitted on paper)
Date:
COMPLAINT FORM
(this form may be completed and returned if you wish to submit a complaint)
Addressee: Pasuri Group Spółka Cywilna, ul. Zjednoczenia 9, 65-120 Zielona Góra
First name and surname or Customer name:
Customer address:
Customer telephone number:
Customer e-mail address:
Order number:
Ascontact details to be used for replying to the complaintand conducting related correspondence, I provide:
postal address:
e-mail address:
The complaint concerns:
an agreement for the provision of another service:
other:
Date on which the grounds for the complaint were identified:
Description of the problem:
Remedy requested in the complaint:
Bank account number for the refund of funds:
Declaration when acting as an entrepreneur with consumer rights:
I declare that the concluded sale agreement was directly related to my business activity, but was not of a professional nature for me, arising in particular from the subject matter of the business activity conducted by me under the provisions on the Central Register and Information on Business Activity. As evidence, I list below the PKD codes for my business activity published in CEIDG:
PKD No. ____________________ Description: ______________________
PKD No. ____________________ Description: ______________________
PKD No. ____________________ Description: ______________________
PKD No. ____________________ Description: ______________________
Date:
Signature of the person submitting the form:
(only if this form is submitted on paper)