TERMS AND CONDITIONS OF USING THE WEBSITE, GENERAL CONDITIONS FOR CONCLUDING CONTRACTS AND PROVIDING SERVICES, INCLUDING ELECTRONIC SERVICES BY rapack.pl

These Regulations define the rules of using the website, general terms and conditions of concluding contracts, rules and manner of providing services, including electronic services, by RA Construction based in Warsaw, hereinafter referred to as „RA Construction.”, Via the rapack.pl website, hereinafter referred to as ” Service „.

I General Information

  1. The owner of the website www.rapack.pl is the company RA Construction Rafał Rozbicki based in Dobre, ul. Wólka Kokosia 25, 05-307, e-mail address: biuro@RaConstruction.pl telephone contact: +48 692 413 488 NIP: 822 231 96 86, REG: 363 806 377
  2. These Regulations are addressed to both consumers and non-consumer customers using the Website, with the exception of §13 of the Regulations, which is addressed only to non-consumer customers.
 
 
  1. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is RA Construction.Personal data is processed for the purposes, to the extent and based on the principles set out in the Privacy and Security Policy published on the Website’s website. Providing personal information is voluntary. Each person whose personal data is processed by RA Construction. has the right to inspect their content and the right to update or correct them; the right to delete data, commonly known as the „right to be forgotten”; the right to data portability.

I Definitions

  1. RA Construction, the owner of the Website, specified in §1 sec. 1;
  2.  Website – an internet platform operating in the rapack.pl domain;
  3.  Regulations – a document specifying the rules of using the Website, general terms and conditions of concluding contracts, rules and manner of providing services, including electronic services, by RA Construction;
  4.  Business day – one day from Monday to Friday, excluding public holidays;
  5.  Client – a natural person with full legal capacity, and in the cases provided for by generally applicable regulations, also a natural person with limited legal capacity or a legal person or an organizational unit without legal personality, which the law grants legal capacity – which has concluded or intends to conclude an Agreement with RA Construction abo uses or intends to use at least one Service or Electronic Service;
  6.  Civil Code – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended);
  7.  Order form – Electronic service, an interactive form available on the Website that allows placing an Order, in particular by adding Services or Products to the electronic basket and defining the terms of the Agreement, including payment;
  8.  Product – a movable item available on the Website which is the subject of the Sales Agreement between the Customer and RA Construction;
  9. Service – paid functionality available on the Website, not of a material nature, being the subject of the Agreement between the Client and RA Construction;
  10.  Electronic service – a service provided electronically by RA Construction to the Client via the Website;
  11. Contract for the provision of the Service concluded or concluded between the Client and RA Construction, via the Website, or another type of contract, specified individually in the Regulations;
  12.  Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended);
  13.  Order – Customer’s declaration of will submitted via the Order Form and aimed directly at concluding an Agreement with RA Construction;
 

II. ELECTRONIC SERVICES PROVIDED BY RA Construction

 RA Construction provides the Customers on the Website with the following Electronic Services:

  1.  Inquiry form – each contact form made available on the Website, a service provided by RA Construction free of charge, giving the possibility of submitting an inquiry regarding the offer and content made available on the Website. Submitting an inquiry via the Inquiry Form is voluntary. In order to use the form, you must complete all the required fields, i.e. provide the data necessary to perform the service, different depending on the selected form, but necessary to provide an appropriate answer. The data provided will be processed in accordance with the Privacy and Security Policy available on the Website. By using the Inquiry Form, the Customer agrees to the processing of his personal data contained in the form in order to receive an answer to the question asked.

III. Technical requirements 

  1. Technical requirements recommended for cooperation with the IT system used by RA Construction: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox version 50.0 or higher, Internet Explorer version 11.0 or higher, Opera version 35.0 or higher, Google Chrome version 48.0. or higher, Safari version 10.0 or higher; (4) the recommended minimum screen resolution: 1024 × 768; (5) enabling the option of saving cookies and Javascript in the web browser.
  2. The Customer is obliged to use the Website in a manner consistent with the law and morality, taking into account personal rights as well as copyrights and intellectual property of RA Construction. and third parties. The customer is obliged to enter data in accordance with the facts. The customer is prohibited from providing illegal content.
  3. Complaints related to the provision of Electronic Services by RA Construction and other complaints related to the operation of the Website (excluding the Service or Product complaint procedure, which is presented in §10 of the Regulations), the Customer has the right to submit:
    * in electronic form via e-mail to the following address: biuro@RaConstruction.pl
    * in writing (by mail) to the following address: Dobre, ul. Wólka Kokosia 25, 05-307 Poland.
  4. It is recommended that the Customer provide in the description of the complaint: information and circumstances regarding the subject of the complaint, in particular the type and date of the occurrence of the irregularity and the Customer’s request, as well as the contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by RA Construction. the form of the recommendation and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
  5. The reply to the complaint by RA Construction takes place immediately, not later than within 14 calendar days from the date of its delivery or receipt to the e-mail address.

III. AGREEMENT AND CONDITIONS FOR CONCLUDING IT

  1. Before concluding the Agreement, the Customer may contact RA Construction by e-mail at the e-mail address biuro@RaConstruction.pl in order to determine the individualized features of the Service or Product. As a result of determining the individualized features of the Service or Product, they are added to the offer on the Website’s website and made available to the Customer in order to conclude the Agreement in accordance with §3 para. 4 of the Regulations.
  2.  The conclusion of the Agreement between the Customer and RA Construction takes place after the Customer has placed the Order via the Order Form on the Website.
  3.  The price of the Service or Product visible on the Website is given in Polish zlotys and includes taxes (gross price). The total price including taxes for the Services or Products being the subject of the Order and any other additional fees, and if the amount of these fees cannot be determined – about the obligation to pay them, the Customer is informed on the Website’s website when placing the Order, including at the time of the Customer expresses his will to be bound by the Agreement with RA Construction.
  4.  The procedure of concluding the Agreement on the Website using the Order Form: the conclusion of the Agreement between the Client and RA Construction takes place after the Client places an Order on the Website via the Order Form. As a result of placing the Order, RA Construction immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the e-mail address provided during the ordering process. The message sent by RA Construction contains at least a declaration of receipt of the Order and its acceptance for implementation as well as confirmation of the conclusion of the Agreement. Upon receipt of the above message by the Customer, an Agreement is concluded between the Customer and RA Construction.
  5.  Consolidation, security and making the content of the concluded Agreement available to the Customer takes place by making these Regulations available on the Website’s website and sending the Customer an electronic message to the e-mail address referred to in §3 para. 4 of the Regulations. The content of the Agreement is additionally recorded and secured in the RA Construction IT system.

IV. SALES AGREEMENT AND TERMS OF CONCLUDING IT

  1.  Before concluding the Sales Agreement, the Customer may contact RA Construction by e-mail at the e-mail address biuro@RaConstruction.pl in order to determine the individualized features of the Product. As a result of determining the individualized features of the Product, it is added to the offer on the Website’s website and made available to the Customer in order to conclude the Agreement in accordance with §3 para. 4 of the Regulations.
  2.  The conclusion of the Sales Agreement between the Customer and RA Construction takes place after the Customer has placed the Order via the Order Form on the Website.
  3.  The Product price visible on the Website is given in Polish zlotys and includes taxes (gross price). The total price including taxes of the Products being the subject of the Order and any other additional fees, and if the amount of these fees cannot be determined – about the obligation to pay them, the Customer is informed on the Website’s website when placing the Order, including when expressing by The customer prefers to be bound by the Sales Agreement with RA Construction.

V. EFFECTIVE FORM OF CONTACT

  1. RA Construction provides an effective form of contact:
    electronic – by sending an e-mail to the e-mail address biuro@raconstruction.pl
    in writing (by mail) to the following address: Dobre, ul. Wólka Kokosia 25, 05-307 Poland.

VI. FORM, METHOD AND DATE OF PAYMENT

  1.  RA Construction provides Clients with the following methods of payment under the Agreement:*payment by bank transfer.
  2. An invoice is issued for each Order.

VII. COST, METHOD OF DELIVERY AND DATE OF COMPLETION OF THE ORDER WHICH IS A SERVICE

RA Construction provides the Customers with the following forms of fulfilling the Product Order: 

* shipping the product on a pallet;

* shipment of the product by freight forwarding;

*pickup in person.

  1. Delivery costs are determined on the basis of the type and quantity of ordered products. Delivery type is set indyvidually.
  2. The delivery time depends on the type and quantity of ordered products. The date is set individually.

VIII. COMPLAINT ON A SERVICE OR PRODUCT

  1. The legal basis and scope of RA Construction’s liability towards the Customer, if the Service or Product sold has a physical or legal defect (warranty), are defined in generally applicable laws, in particular in the Civil Code.
  2.  RA Construction is obliged to perform the ordered Service in accordance with the Agreement and in the best faith, and deliver the ordered Product without defects.
  3. The customer has the option of submitting a complaint: in electronic form via e-mail to the following address: biuro@RaConstruction.pl;in writing (by mail) to the following address: Dobre, ul. Wólka Kokosia 25, 05-307 Poland.
  4. It is recommended for the Customer to provide in the description of the complaint: information and circumstances regarding the subject of the complaint, in particular the type and date of the defect, and requests for the performance of the Service in accordance with the Agreement or for the release of the Product in accordance with the Agreement, or a declaration of price reduction or a declaration of withdrawal from the Agreement, such as also the contact details of the person submitting the complaint – this will facilitate and accelerate the consideration of the complaint by RA Construction. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
  5. The reply to the complaint by RA Construction takes place immediately, not later than within 14 calendar days from the date of its delivery or receipt to the e-mail address. Failure to respond within the above deadline, by operation of law, means that RA Construction considered the complaint justified.

IX. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES

  1.  Detailed information on the possibility for the Customer who is a consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection and voivodship Inspectorates of the Trade Inspection.
  2. Klient będący konsumentem na prawo skontaktować się z RA Construction w celu uzyskania pomocy w zakresie skorzystania z uprawnień do pozasądowego sposobu dochodzenia roszczeń.

X. THE RIGHT TO WITHDRAW FROM THE CONTRACT

  1.  The right to withdraw from a distance contract is not entitled to the consumer, among others in relation to contracts where the subject of the service is a non-prefabricated product, manufactured according to the consumer’s specifications or serving to satisfy his individual needs; to contracts for the provision of services, if RA Construction has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by RA Construction, he will lose the right to withdraw from the contract.
  2. Subject to §12 section 1 of the Regulations, a consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs. To meet the deadline, it is enough to send a statement before its expiry. The consumer has the right to submit a declaration of withdrawal from the Sales Agreement: in electronic form via e-mail to the following address: biuro@RaConstruction.pl,  in writing (by mail) to the following address: Dobre, ul. Wólka Kokosia 25, 05-307 Poland.
  3. An exemplary model withdrawal form is included in Annex 2 to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended) and additionally available in Annex 1 to the Regulations. The consumer may use the form template, but it is not obligatory.
  4.  In the event of withdrawal from a Distance Agreement, the Agreement shall be considered void.
  5.  RA Construction is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the Agreement, return to the consumer all payments made by him. RA Construction refunds the payment using the same method of payment as used by the customer who is a consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any additional costs for him.
  6.  Possible costs related to the consumer’s withdrawal from the Agreement, which he is obliged to bear:If the consumer has chosen a Product delivery method other than the cheapest, regular delivery method available on the Website, RA Construction is not obliged to refund the additional costs incurred by the consumer.
    *The consumer bears the direct costs of delivery of the returned Product or Products to RA Construction
    *In the case of a Service, the performance of which – at the express request of the consumer – began before the deadline to withdraw from the Agreement, the consumer who exercises the right to withdraw from the Agreement after such a request is made, is obliged to pay for the services provided until the withdrawal from the Agreement. The amount of the payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the Agreement. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
  7. The right to withdraw from a distance contract is not available to the consumer in relation to contracts: for the provision of services, if RA Construction has fully provided the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by RA Construction, he will lose the right to withdraw from the Agreement ; in which the price or remuneration depends on fluctuations in the financial market over which RA Construction has no control and which may occur before the deadline to withdraw from the contract; in which the subject of the service is a non-prefabricated product, manufactured according to the consumer’s specifications or serving to satisfy his individual needs; in which the subject of the service is a Product 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; in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things; 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; for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; concluded through a public auction; 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 Agreement and after RA Construction informed him about the loss of the right to withdraw from the Agreement.

XI. PROVISIONS RELATING TO CUSTOMERS WHO ARE NOT CONSUMERS

  1. This section of the Regulations and the provisions contained therein apply only to customers who are not consumers.
  2. RA Construction has the right to withdraw from the Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against RA Construction.
  3.  In the case of Customers who are not consumers, RA Construction has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer.
  4.  Pursuant to Art. 558 §1 of the Civil Code, RA Construction’s liability under the warranty for the Service or the Product towards the Customer who is not a consumer is excluded.
  5.  In the case of Customers who are not consumers, RA Construction may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons, by sending an appropriate statement to the Customer.
  6.  RA Construction’s liability towards the Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the amount of the price paid and delivery costs under the Agreement, but not more than the amount one thousand zlotys. RA Construction is liable to the non-consumer Customer only for typical damages predictable at the time of concluding the Agreement and is not liable for the lost benefits in relation to the non-consumer Customer.
  7.  Any disputes arising between RA Construction and the Customer who is not a consumer shall be submitted to the Polish common court having jurisdiction over the registered office of RA Construction.

XII. PERSONAL DATA PROTECTION

  1.  The administrator of personal data is RA Construction.
  2.  RA Construction makes every effort to ensure the maximum security of personal data protection of its customers, during their presence on the Website, during the ordering process and processing of these data in connection with the implementation of the order, as well as answering inquiries and handling the Order.
  3.  RA Construction processes Customers’ personal data only to the extent necessary for the proper performance of the order or Electronic Service, transfers or entrusts the processing of personal data to other entities only for the purpose and to the extent necessary for the correct and proper performance of the Electronic Service or the implementation of the Order, for statistical and analytical purposes, research customer satisfaction level.
  1. XIII. FINAL PROVISIONS
  2. The contracts concluded by RA Construction are concluded in Polish and English.
  3. RA Construction reserves the right to amend the Regulations in accordance with the obligations arising from the generally applicable law.
  4. In the event of concluding continuous contracts on the basis of these Regulations (e.g. provision of an Electronic Service – Account), the amended regulations bind the Customer if the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Customer has been properly informed about the changes and has not terminated the contract within 14 calendar days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the current fees, the Customer who is a consumer has the right to withdraw from the contract.
  5.  In the event of concluding contracts of a different nature than continuous contracts (e.g. sales contract) on the basis of these Regulations, amendments to the Regulations will not in any way infringe the rights acquired by Customers who are consumers before the date of entry into force of the amendments to the Regulations. In particular, changes to the Regulations will not affect the already placed or placed Orders and concluded, implemented or performed contracts.
  6.  In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded with Customers who are consumers – the provisions of the Act on consumer rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.
 
Regulations published on March 2020, enter into force on March 22, 2020.