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Regulations

Regulations of the Silesia Drum online store

Specifying, inter alia, rules for concluding sales contracts through the store, containing the most important information about the Seller, the store and the rights of the Consumer.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order fulfillment
§ 7 Right to withdraw from the contract
§ 8 Exceptions to the right to withdraw from the contract
§ 9 > Complaints
§ 10 Personal data
§ 11 Disclaimers
Appendix 1: Model withdrawal form contracts

§ 1 DEFINITIONS

Working days - days from Monday to Friday, except public holidays.
Account - free Store function regulated by separate regulations (service provided electronically ), thanks to which the Buyer can set up his individual Account in the Store.
Consumer - Consumer within the meaning of the Civil Code.
Buyer - each Buyer Shop.
Regulations - these regulations.
Store - the Silesia Drum online store run by the Seller at https://silesiadrum.de/
Seller - WOJCIECH JERZY WĘGLARCZYK, an entrepreneur running a business under the name WĘGLARCZYK WOJCIECH ŚLĄSKIE CENTRUM PERKUSYJNE, entered into the Central Register and Information on Economic Activity conducted by the minister responsible for matters economy and running Central on the Register and Information on Economic Activity, NIP 6272688315, REGON number 241637825, ul. Stefana Batory 64, 41-506 Chorzów.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: ul. Stefana Batorego 64, 41-506 Chorzów
  2. E-mail address: info@silesiadrum.de
  3. Phone: +48 882 503 719

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store, you need:
    • Device with Internet access
    • A web browser that supports JavaScript and cookies.
  2. To place an order in the Store, in addition to the requirements set out in paragraph 1, an active email account is required.

§ 4 SHOPPING IN THE STORE

  1. The prices of goods visible in the Store are the total prices for the goods, including VAT.
  2. The Seller points out that the total price of the order consists of the following in the Store: the price for the goods and, if applicable, the costs of delivery of the goods.
  3. The product selected for purchase should be added to the basket in the Store.
  4. Then the Buyer selects from the available in the Store: the method of delivery of the goods and the method of payment for the order, and also provides the data necessary to complete the order.
  5. The order is placed upon confirmation of its content and acceptance of the Regulations by the Buyer.
  6. Placing an order is tantamount to concluding a sales contract between the Buyer and the Seller.
  7. The Seller will provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium at the latest upon delivery of the goods.
  8. The Buyer may register in the Store, i.e. set up an Account in it or make purchases without registration by providing his data with each possible order.

§ 5 PAYMENTS

  1. You can pay for the order placed, depending on the Buyer's choice:
    1. By ordinary transfer to the Seller's bank account.
    2. The provider of online payment services by electronic means is imoje (ING)
    3. With a payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    4. Via the payment platform:
      • dotpay
    5. Cash on delivery, ie cash upon delivery to the Buyer.
    6. By card or in cash upon personal collection.
  2. If the Buyer selects payment in advance, the order must be paid within 14 Business Days of placing the order.
  3. The seller informs that for some payment methods, due to their specificity, payment for the order with this method is possible only immediately after placing the order.
  4. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.
  5. If there is a need to return funds for a transaction made by the customer with a payment card, the seller will refund to the bank account assigned to the payment card of the Ordering Party.

§ 6 ORDER COMPLETION

  1. The seller is obliged to deliver the goods without defects.
  2. The order completion date is indicated in the Store.
  3. In the event that the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order after paying for it.
  4. In a situation where, under one order, the Buyer has purchased goods with different delivery dates, the order will be processed within the time limit applicable to the goods with the longest delivery date.
  5. Countries where the delivery takes place:
    • Republic of Poland
    • Germany
    • United Kingdom
    • Spain
    • Czech Republic
    • Slovakia
    • Ukraine
    • Slovenia
    • Italy
    • Austria
    • Belgium
    • Russia
  6. Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:
    1. Via a courier company
    2. To InPost machines
  7. The Buyer may pick up the goods in person at the company's premises during its opening hours.
  8. If the Buyer selects a personal collection, the goods will be ready for collection at the indicated date of the contract, and if the Seller has indicated the date of shipment of the goods - within this period.
  9. If the customer chooses the method of payment by bank transfer or payment card, the order processing time is counted from the date of crediting the Seller's bank account or settlement account.

§ 7 RIGHT TO WITHDRAW FROM THE AGREEMENT

  1. The consumer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
  2. The withdrawal period will expire after 14 days from the day:
    1. On which the Consumer acquires physical possession of the goods or on which a third party other than the carrier and indicated by the Consumer acquires physical possession of the goods.
    2. On which the Consumer acquires, or in which a third party, other than the carrier and indicated by the Consumer, acquires possession of the last of the goods in the case of an agreement obliging to transfer the ownership of many items that are delivered separately.
  3. In order for the Consumer to exercise the right to withdraw from the contract, he must inform the Seller, using the data provided in § 2 of the Regulations, about his decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or information sent by e-mail). < / li>
  4. The consumer may use the model withdrawal form at the end of the Regulations, but it is not obligatory.
  5. To meet the deadline to withdraw from the contract, it is sufficient for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.

    EFFECTS OF WITHDRAWAL FROM THE AGREEMENT
  6. In the event of withdrawal from the concluded contract, the Seller returns to the Consumer all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard delivery method offered by the Seller), immediately, and at any time case no later than 14 days from the date on which the Seller was informed about the Consumer's decision to exercise the right to withdraw from the contract.
  7. The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution, in each case the Consumer will not incur any fees in connection with this return.
  8. The seller may withhold the reimbursement until receipt of the goods or until proof of its return is provided to him, whichever occurs first.
  9. The seller asks you to return the goods to the following address: ul. Stefana Batorego 64, 41-506 Chorzów immediately, and in any case not later than 14 days from the day on which the Consumer informed the Seller about the withdrawal from the sales contract. The deadline is met if the Consumer sends back the goods before the period of 14 days has expired.
  10. The consumer bears the direct cost of returning the goods.
  11. The consumer is only liable for a decrease in the value of the goods resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the goods.
  12. If the goods, due to their nature, cannot be returned by regular mail, the Consumer will also have to bear the direct costs of returning the goods. The Consumer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.
  13. If there is a need to return funds for a transaction made by the customer with a payment card, the seller will be refunded to the bank account assigned to the Buyer's payment card.

§ 8 EXCEPTIONS FROM THE RIGHT TO WITHDRAW FROM THE AGREEMENT

  1. The right to withdraw from a distance contract is not available to the Consumer in relation to the contract:
    1. In which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs.
    2. In which the subject of the service is an item that deteriorates quickly or has a short shelf-life.
    3. In which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery.
    4. In which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.
    5. In which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery.
    6. For the supply of newspapers, periodicals or magazines, with the exception of a subscription agreement.
    7. In which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract.
    8. For the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.
  2. The right to withdraw from a distance contract is not available to an entity other than the Consumer.

§ 9 COMPLAINTS

  1. In the event of a defect in the goods, the Buyer has the option of complaining about the defective goods on the basis of the warranty or guarantee provided for in the Civil Code, provided that the guarantee has been granted.
  2. Using the warranty, the Buyer may, on the terms and within the time limits specified in the Civil Code:
    1. Submit a price reduction statement
    2. In the event of a significant defect - submit a declaration of withdrawal from the contract
    3. Demand that the item be replaced with one that is free from defects
    4. Demand that the defect be removed
  3. The seller asks you to submit a complaint based on the warranty to the postal or electronic address indicated in § 2 of the Regulations.
  4. If it turns out that in order to consider the complaint, it is necessary to deliver the advertised goods to the Seller, the Buyer is obliged to deliver the goods, in the case of the Consumer at the Seller's expense, to the address: ul. Stefana Batory 64, 41-506 Chorzów.
  5. If the product has an additional warranty, information about it, as well as about its conditions, is available in the product description in the Store.
  6. Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
  7. Consideration of the complaint by the Seller will take place within 14 days.

    EXTRAJUDICIAL METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS
  8. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, inter alia, with:
    1. Mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://www.uokik.gov.en/wazne_adresy.php#faq595 .
    2. Assistance of the competent local permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596 .
    3. Free help from the municipal or poviat Consumer Ombudsman.
    4. Online ODR platform available at: http://ec.europa.eu/consumers/odr/ .

§ 10 PERSONAL DATA

  1. The administrator of personal data provided by the Buyer when using the Store is the Seller.
  2. The Buyer's personal data is processed on the basis of a contract and for its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information on data processing by the Seller is included in the privacy policy posted in the Store.

§ 11 RESERVATIONS

  1. The Buyer is forbidden to provide illegal content.
  2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the regulations. The contract is concluded on time and for the purpose of order fulfillment.
  3. Agreements concluded on the basis of these regulations are concluded in Polish.
  4. In the event of a possible dispute with the Buyer who is not a Consumer, the competent court will be the court competent for the seat of the Seller.
  5. Nothing in these regulations excludes or in any way limits the consumer's rights under the law.



Annex 1 to the Regulations

Below is a model withdrawal form which the Consumer may or may not use:

MODEL WITHDRAWAL FROM THE AGREEMENT
(this form should be completed and returned only if you wish to withdraw from the contract)

WĘGLARCZYK WOJCIECH ŚLĄSKIE DRUM CENTER
ul. Stefana Batorego 64, 41-506 Chorzów e-mail address: info@silesiadrum.de

- I ............................................. ............................ hereby inform about my withdrawal from the contract of sale of the following items:

... .................................................. .................................................. .................................................. .................................................. .........................

................. .................................................. .................................................. .................................................. .................................................. ...........

............................... .................................................. .................................................. .................................................. ...............................................

- Date of receipt ............................................ .................................................. .................................................. .................................................. .......

- Name and surname of the consumer (s) ........................... .................................................. .................................................. ......................................

- Consumer's address ( s) ................................................ .................................................. .................................................. ..................................

........ .................................................. .................................................. .................................................. .................................................. ....................

..................................... .................................................. ......
Consumer's signature
(only if the form is sent in paper version)


Date .... ........................................

(*) Delete as appropriate.

Account Terms

Account regulations in the Silesia Drum store

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal data
§ 7 Disclaimers

§ 1 DEFINITIONS

Account - the free Store function (service) regulated in these regulations, thanks to which the Buyer can set up his individual Account in the Store.
Buyer - each Buyer in the shop.
Store - the Silesia Drum online store run by the Seller at https://silesiadrum.de.
Seller - an entrepreneur running a business under the name WĘGLARCZYK WOJCIECH ŚLĄSKIE CENTRUM PERKUSYJNE, entered into the Central Register and Information on Economic Activity kept by the minister competent for economy and keeping the Central Register and Information on Economic Activity, NIP 6272688315, REGON number 241637825, ul. Stefana Batory 64, 41-506 Chorzów.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: ul. Stefana Batory 64, 41-506 Chorzów
  2. E-mail address: info@silesiadrum.de
  3. Telephone: 32 700 12 07

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning and creation of an Account, you need:
    • An active e-mail account
    • Device with Internet access
    • A web browser that supports JavaScript and cookies

§ 4 ACCOUNT

  1. Creating an Account is completely voluntary and depends on the will of the Buyer.
  2. The account gives the Buyer additional options, such as: viewing the history of orders placed by the Buyer in the Store, checking the order status or editing the Buyer's data.
  3. In order to create an Account, you must complete the appropriate form in the Store.
  4. At the time of creating the Account, an agreement is concluded for an indefinite period between the Buyer and the Seller regarding the maintenance of the Account on the terms specified in the Regulations.
  5. The Buyer may terminate the Account at any time without incurring any costs.
  6. In order to cancel the Account, please send your resignation to the Seller to the e-mail address: info@silesiadrum.de, which will result in immediate deletion of the Account and termination of the Account maintenance contract.

§ 5 COMPLAINTS

  1. Complaints regarding the functioning of the Account should be sent to the e-mail address info@silesiadrum.de.
  2. Consideration of the complaint by the Seller will take place within 14 days.

    EXTRAJUDICIAL METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS
  3. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others with:
    1. Mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://www.uokik.gov.en/wazne_adresy.php#faq595 .
    2. Assistance of the competent local permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596 .
    3. Online ODR platform available at: http://ec.europa.eu/consumers/odr/ .

§ 6 PERSONAL DATA

  1. The administrator of personal data provided by the Buyer when using the Store is the Seller.
  2. The Buyer's personal data is processed on the basis of a contract and for its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information on data processing by the Seller is included in the privacy policy posted in the Store.

§ 7 RESERVATIONS

  1. The Buyer is forbidden to provide illegal content.
  2. The Account maintenance agreement is concluded in Polish.
  3. In the event of important reasons referred to in sec. 4, the Seller has the right to amend these Account Regulations.
  4. Important reasons referred to in sec. 3 are:
    1. the need to adapt the Store to the legal provisions applicable to the Store's operations
    2. improving the security of the service provided
    3. changing the functionality of the Account requiring modification of the Account regulations.
  5. The buyer will be informed about the planned change of the Account regulations at least 7 days before the change is implemented via an e-mail sent to the address assigned to the Account.
  6. If the Buyer does not accept the planned change, he should inform the Seller about it by sending an appropriate message to the Seller's e-mail address info@silesiadrum.de, which will result in the termination of the Account maintenance agreement upon entry into force of the planned change or earlier if requested by the Buyer.
  7. If the Buyer does not object to the planned change until its entry into force, it is assumed that he accepts it, which does not constitute any obstacle to termination of the contract in the future.
  8. In the event of a possible dispute with the Buyer who is not a Consumer, the competent court will be the court competent for the seat of the Seller.
  9. Nothing in these regulations excludes or in any way limits the consumer's rights under the law.

 

Newsletter Terms

Silesia Drum

§ 1 DEFINITIONS

Newsletter - a free service provided electronically, thanks to which the Service Recipient may receive from the Service Provider electronically previously ordered messages about the Store, including information about offers, promotions and new products in the Store.
Store - the Silesia Drum online store run by the Service Provider at https://silesiadrum.de/
Service Provider - an entrepreneur running a business under the name WĘGLARCZYK WOJCIECH ŚLĄSKIE CENTRUM PERKUSYJNE, entered into the Central Register and Information on Economic Activity kept by the minister competent for economy and keeping the Central Register and Information on Economic Activity, NIP 6272688315, REGON number 241637825, ul. Stefana Batorego 64, 41-506 Chorzów.
Customer - each entity using the Newsletter service.

§ 2 Newsletter

  1. The Service Recipient may voluntarily use the Newsletter service.
  2. To use the Newsletter service, you need a device with the latest version of a web browser that supports JavaScript and cookies, with access to the Internet and an active e-mail account.
  3. E-mails sent as part of this service will be sent to the e-mail address provided by the Customer at the time of subscribing to the Newsletter.
  4. The Service Recipient, in order to conclude a contract and subscribe to the Newsletter service, in the first step provides his e-mail address to which he wants to receive messages sent as part of the Newsletter. Then, to the e-mail address provided in the first step, the Service Provider will send the Service Recipient a message verifying the e-mail address, which will include a link to confirm the Service Recipient's will to subscribe to the Newsletter. After the Customer confirms his will to subscribe to the Newsletter, a contract for the provision of the service is concluded and the Service Provider will start providing it to the Customer.
  5. The messages sent as part of the Newsletter will contain information about the possibility of unsubscribing from it, as well as a link to unsubscribe.
  6. The Service Recipient may unsubscribe from the Newsletter, without giving any reason and incurring any costs, at any time, using the option referred to in paragraph 5 or by sending a message to the Service Provider's e-mail address: info@silesiadrum.de.
  7. The use by the Customer of the link to unsubscribe from the Newsletter or sending a message with a request to unsubscribe from the Newsletter will result in the immediate termination of the contract for the provision of this service.

§ 3 Complaints

  1. Complaints about the Newsletter should be reported to the Service Provider at the following e-mail address: info@silesiadrum.de.
  2. The Service Provider will respond to the complaint within 14 days of receiving the complaint.

§ 4 Personal data

  1. The administrator of the personal data provided by the Service User when using the Newsletter is the Service Provider.
  2. The Customer's personal data is processed on the basis of a contract and for its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information on data processing by the Seller is included in the privacy policy posted in the Store.

§ 5 Final provisions

  1. The Service Provider reserves the right to amend these regulations only for important reasons. An important reason is the need to change the regulations caused by the modernization of the Newsletter service or a change in the law, affecting the provision of the service by the Service Provider.
  2. Information about the planned change to the regulations will be sent to the Customer's e-mail address provided at the time of subscribing to the Newsletter at least 7 days before the changes are introduced.
  3. If the Service Recipient does not object to the planned changes until their entry into force, it is assumed that he accepts them.
  4. In the event of non-acceptance of the planned changes, the Service Recipient should send information about it to the Service Provider's e-mail address: result in the termination of the service contract with the entry into force of the planned changes.
  5. The Service Recipient is forbidden to provide illegal content.
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