ARUŚ R. I A. CHROBAK SPÓŁKA JAWNA
+48 501 750 169
hereinafter referred to as “Supplier” -
the customer specified in § 2 of the contract – hereinafter referred to as “Customer”.
- 1 Scope of application, definitions
(1) The business relationship between the eBay shop supplier (hereinafter “Supplier”) and the customer (hereinafter “Customer”) shall be governed exclusively by the following General Terms and Conditions as applicable at the moment of the order. Deviating conditions of the buyer shall not be recognized, unless the Supplier expressly agrees to their validity in writing.
(2) The Customer is a consumer, insofar as the purpose of the ordered deliveries and performances cannot predominantly be linked to its commercial or independent professional activity. The contractor, on the other hand, is any natural or legal person or legally responsible partnership who/which, when concluding the contract, is exercising its commercial or independent professional activity.
(1) The Customer can select products, in particular furniture, from the product range of the Supplier and collect these with the button “Add to cart” in a so-called shopping cart. With the button “Confirm order“, the Customer places a binding order for the goods contained in the shopping cart. Before sending the order, the Customer can view and change the data at any time. However, the order can only be submitted and transmitted, if the Customer has accepted these contract conditions by clicking the button “I accept the Terms and Conditions” and has thereby included them in the order.
(2) The Supplier shall then send the Customer an automatic confirmation of receipt by e-mail in which the order of the Customer is again specified and which the Customer can print out via the “Print” function. The automatic confirmation of receipt merely documents that the Supplier has received the order of the Customer and does not constitute an acceptance of the order. The contract shall only come into effect upon the submission of the declaration of acceptance, which shall be sent by separate e-mail (Order confirmation). In this e-mail or in a separate e-mail, but at the latest with the delivery of the products, we shall send the contract text (consisting of the order, the GTC and the order confirmation) to the Customer on a durable medium (e-mail or paper printout) (Contract confirmation). The contract text shall be stored in accordance with the data protection regulations.
(3) The conclusion of contract shall take place in English.
- 3 Delivery, product availability
(1) The delivery times specified by us are calculated from the moment of our order confirmation, subject to previous payment of the purchase price (except in case of purchase on account).
(2) Should the products selected by the Customer not be available at the time of the order, the Supplier shall immediately inform the Customer thereof in the order confirmation. If the product is permanently unavailable, the Supplier shall abstain from the declaration of acceptance. In this case, no contract shall be concluded.
(3) If the product specified by the Customer in the order is only temporarily unavailable, then the Supplier shall also immediately inform the Customer thereof in the order confirmation. In case of a delay in delivery of more than two weeks, the Customer shall have the right to withdraw from the contract. The legal right of revocation of the Customer (see § 9 of these contract conditions) shall remain unaffected. Furthermore, the Supplier shall then also be entitled to withdraw from the contract in which case the Supplier shall immediately reimburse any payments already made by the Customer.
(4) The following terms of delivery shall apply: The Supplier shall deliver only to Customers with ordinary residence (invoice address) in one of the following countries and who can provide a delivery address in the same country: EU
The delivered products shall remain the property of the Supplier until fully paid for.
- 5 Prices and shipping costs
(1) All the prices specified on the website of the Supplier are inclusive of the respectively applicable legal VAT.
(2) The corresponding shipping costs shall be specified in the order form and are to be borne by the Customer, provided the Customer does not exercise his right of revocation.
(3) The goods shall be shipped by post. The shipping risk shall be borne by the Supplier, if the Customer is a consumer.
(4) In case of revocation, the Customer shall bear the direct costs of returning the goods.
(1) The Customer can pay by PayPal or transfer.
(2) The payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is specified by reference to the calendar, the Customer shall already be in default by exceeding the date. In this case, the Customer shall pay the Supplier default interest in the amount of 5 percentage points above the base interest rate.
(3) The obligation of the Customer to pay default interest shall not exclude the assertion of further delay damages by the Supplier.
- 7 Warranty for material defects, guarantee
(1) The Supplier shall be liable for material defects in accordance with the relevant legal regulations, in particular §§ 434 et seqq. of the BGB [German Civil Code]. In relation to entrepreneurs, the warranty period for items delivered by the Supplier is 12 months.
(2) An additional guarantee for the goods delivered by the Supplier shall apply only, if such a guarantee was expressly provided in the order confirmation for the relevant item.
(1) Damage claims of the Customer are excluded with the exception of damage claims of the Customer arising from harm to life, body or health, or from the violation of essential contractual duties (cardinal duties) as well as the liability for other damage due to an intentional or grossly negligent breach of duty on the part of the Supplier, its legal representative or vicarious agents. Essential contractual duties are duties the fulfilment of which is necessary for the achievement of the purpose of the contract.
(2) In case of a breach of essential contractual duties, the Supplier shall be liable only for foreseeable damage typical for this type of contract, if such damage was caused by minor negligence, unless the damage claims of the Customer concern harm to life, body or health.
(3) The restrictions under par. 1 and 2 shall apply also in favour of the legal representative and vicarious agents of the Supplier, if the claims are asserted directly against them.
(4) The regulations of the product liability law shall remain unaffected.
(1) When concluding a distance selling transaction, consumers have in principle a legal right of revocation, about which the Supplier shall inform them in accordance with the following legal sample. The exceptions from the right of revocation are specified in paragraph (2). Paragraph (3) contains a sample revocation form.
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party appointed by you, who is not the carrier, have/has taken possession of the last products.
In order to exercise your right of revocation, you must inform us
ARUŚ R. I A. CHROBAK SPÓŁKA JAWNA
+48 501 750 169
by means of an unequivocal statement (e.g. by letter, fax or e-mail) of your decision to revoke the contract. You can use for this the enclosed sample revocation form, but this is not compulsory.
The timely dispatch of the notification about the exercise of the right of revocation shall suffice to meet the revocation deadline.
Consequences of revocation
When you revoke this contract, we shall reimburse all the payments we have received from you, including the delivery costs (with the exception of additional costs caused by the fact that you have chosen another form of delivery, not the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we have received the notification of your revocation of this contract. For this reimbursement, we shall use the same means of payment that you used in the original transaction, unless expressly otherwise agreed with you; in no case shall you be charged for this reimbursement. We can withhold the reimbursement until we recover the products or until you provide proof that you have sent the products back, whichever is earlier.
You shall have to send or give the products back to us
ARUŚ R. I A. CHROBAK SPÓŁKA JAWNA
+48 501 750 169
without delay and in any case at the latest within fourteen days from the day on which you inform us about the revocation of this contract. The deadline shall be deemed to have been met, if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs for returning the products. The estimated costs amount to about 50,00 EUR at the most.
You shall be liable for a possible loss of value of the products only, if this loss of value is due to a handling of the products not necessary for the inspection of the condition, features and functioning of the products.
(2) Goods that are not prefabricated and for the manufacturing of which an individual selection or designation by the consumer is substantial or which are clearly tailored to the personal requirements of the consumer.
(3) The Supplier informs the Customer about the sample revocation form in accordance with the legal regulation, as follows:
Sample revocation form
(If you want to revoke this contract, please complete this form and send it back)
F.P.H. "Aruś" Ryszard Chrobak
+48 12 273 32 37
— I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following products (*)/ the provision of the following services (*)
— Ordered on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only in case of notification on paper)
(*) Please delete as applicable
(1) Contracts between the Supplier and the Customer shall be governed by the law of the Republic of Poland, with the exclusion of the UN Convention on Contracts for the International Sale of Goods. The legal regulations for the limitation of the choice of law and the applicability of mandatory regulations, in particular of the country in which the Customer as consumer is ordinarily resident, shall remain unaffected.
(2) Insofar as the Customer is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship between the Customer and the Supplier shall be the registered office of the Supplier.
(3) In case of legal invalidity of certain points of the contract, the remaining part of the contract shall remain binding. In place of the invalid points, the legal regulations, if any, shall apply. However, insofar as this would constitute an unreasonable hardship for one of the contract parties, the entire contract shall become ineffective.
As of: December 2015