Terms and Conditions
Terms and Conditions of the www.primodi.eu website
I. Definitions
§ 1
In these terms and conditions of the www.primodi.pl online store, hereinafter referred to as the “Terms and Conditions”, the following terms shall have the meanings set out below:
a. “Seller” – LCM Holding Spółka z Ograniczoną Odpowiedzialnością with its registered office in Pabianice, ul. Konstantynowska 13, 95-200 Pabianice, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0001081572, whose registration files are kept by the District Court for Łódź-Śródmieście in Łódź, 20th Commercial Division; share capital in the amount of: PLN 5,000; NIP: 7312084542; REGON: 527474081; e-mail: sklep@primodi.pl, tel. +48 660 020 111.
b. “Store” – the online store located at www.primodi.eu and its subpages,
c. “Buyer” – any person who has concluded an agreement with the Seller for the creation of an account in the Store or, without concluding such an agreement, has placed an order; this term also means a person who does not have an Account and is in the process of placing an order,
d. “Account” – the Buyer’s account created by the Buyer in the Store in accordance with the rules set out in the Terms and Conditions,
e. “Consumer” – a person as defined in Article 22¹ of the Civil Code,
f. “Sole Trader” - a natural person concluding an agreement with the Seller within the Store directly related to that person’s business activity, where the content of that agreement indicates that it is not of a professional nature for that person.
II. General provisions
§ 2
1. The Terms and Conditions set out the rules for the provision of electronic services by the Seller to Buyers, consisting in enabling them to:
a. conclude, via the Internet, contracts for the sale of goods included in the Store’s assortment at the prices stated on the relevant subpages of the Store,
b. create an Account.
2. The Store fulfils orders within Germany.
3. The Terms and Conditions form an integral part of the product sales contract.
§ 3
The content presented on the Store’s pages, in particular announcements, advertisements, price lists and other information, does not constitute an offer within the meaning of Articles 66 and 66¹ of the Civil Code, but an invitation to submit offers.
§ 4
The prices of goods included in the Store’s assortment are expressed in EUR (€) and include VAT. The gross price of the goods does not include the cost of shipment. The Seller may modify the Store’s assortment and the prices of goods, and may conduct and cancel promotional campaigns. Such changes do not affect sales contracts for individual goods already concluded with Buyers.
§ 5
A purchase in the Store may be made without creating an Account or after creating one.
§ 6
1. No special technical requirements need to be met by the Buyer’s computer or other device in order to use the Store. It is sufficient to have: Internet access, an e-mail address, and a standard operating system and web browser.
2. In order to use the Account properly and to place an order, support for so-called necessary cookies must be enabled in the web browser. Cookies are used to maintain the Buyer’s session after logging in to the Account and to maintain the order placement process. Detailed information about cookies is contained in the provisions of Part IV of the Privacy Policy.
III. Creating an Account
§ 7
1. A person wishing to conclude an agreement with the Seller for the creation of an Account should select the “Create account” option on the login subpage. The form located there constitutes the Seller’s offer addressed to the future Buyer regarding the conclusion of an agreement for the creation of an Account.
2. The above-mentioned form should then be completed by providing: first name, surname, e-mail address and password.
3. It is prohibited to enter unlawful content in the form, in particular false data.
4. Clicking the “Create account” button sends the registration form to the Seller and is equivalent to acceptance, by the person creating the Account, of the Seller’s offer referred to in paragraph 1 of this section. At that moment, an agreement for the creation of an Account is concluded between the Seller and the person who completed the registration form. In order to gain access to the Account, it must be activated by clicking the link that will be sent to the Buyer at the e-mail address provided during registration.
5. If the Buyer is a Consumer or a Sole Trader, the Buyer has the right to withdraw from the agreement for the creation of an Account, without giving any reason, within 14 days from the date of its conclusion, i.e. from the moment specified in paragraph 5 of this section. The provisions of § 15(2)-(4) shall apply accordingly.
§ 8
The Seller recommends that the Buyer carefully safeguard the data used to log in to the Store so that no unauthorised persons gain access to such data.
§ 9
After creating an Account, the Buyer may, in particular: edit their data, place orders and view the status of order fulfilment.
§ 10
1. The Seller is liable for lack of conformity of a digital service or digital content on the basis of applicable provisions of law, in particular Chapter 5b of the Act of 30 May 2014 on Consumer Rights.
2. The Seller may make changes to a digital service or digital content for the reasons indicated below:
a. the Seller’s introduction of new functionalities available through the Account or changes to existing functionalities, provided that on this basis the Seller may not remove the Buyer’s ability to use the service referred to in § 2(1)(a) of the Terms and Conditions,
b. changes in provisions of law that make it necessary to adapt the Terms and Conditions to them, in particular changes in provisions concerning: consumer protection, provision of electronic services, and personal data protection.
3. The introduction of the change described in the paragraph above will not involve any costs for the Buyer. Without prejudice to § 19(3) of the Terms and Conditions, if such a change materially and negatively affects the Buyer’s access to or use of the digital content or digital service, the Seller will inform the Buyer, sufficiently in advance and on a durable medium, of the features and timing of the change and of the right to terminate the agreement without a notice period within 30 days from the date the change is made or from the date of being informed of the change, if the information is provided later than the change.
IV. Placing an order
§ 11
1. Goods are sold on the basis of orders placed by the Buyer.
2. The sales contract is concluded in German.
§ 12
1. In order to conclude a sales contract with the Seller, the Buyer should first select a variant of the goods and click the “Add to cart” button next to it.
2. After adding goods to the cart, the Buyer may remove them or add further goods. To proceed to the next stage of placing the order, the Buyer should click the “Checkout” button. If the Buyer does not have an Account, they may create one or use the option to shop without registration and provide the data necessary to fulfil the order. If the Buyer chooses to place an order without creating an Account, providing the data indicated in the form is necessary in order to place the order. If the Buyer has an Account, they should log in to it. At this stage, the Buyer should also select the delivery method and payment method and specify the delivery address and billing address. If the Buyer has a discount code, they may enter it in the appropriate field.
3. At the bottom of the page, an order summary will be displayed indicating the total amount payable, i.e. including the price of the goods, delivery costs and the selected payment method. The “Order and pay” button should then be clicked.
4. The goods indicated in the summary, together with their quantity, prices, and delivery and payment costs, constitute an invitation from the Seller to the Buyer to submit an offer to conclude a sales contract for those goods. By clicking the “Order and pay” button, the Buyer submits to the Seller an offer to conclude the above contract. The Seller sends an e-mail confirming receipt of the Buyer’s offer. Upon the Seller’s confirmation of receipt of the offer, the Buyer is bound by the offer. In a subsequent e-mail, the Seller will inform the Buyer whether the Buyer’s offer has been accepted or rejected. Upon the Buyer’s receipt from the Seller of an e-mail stating that the Buyer’s offer has been accepted, a sales contract is concluded for the goods indicated in the offer submitted by the Buyer.
5. The Seller confirms to the Buyer the content of the contract being concluded by sending it on a durable medium in an e-mail together with information on acceptance of the Buyer’s offer.
6. If an electronic payment method is selected, after clicking the “Order and pay” button the Buyer will be redirected to the website of the entity processing online payments. Payment is processed on the basis of the terms and conditions available on the website of the entity processing online payments.
7. The Seller uses the following methods and measures to detect and correct errors in the data entered in connection with placing an order:
a. displaying a transaction summary so that the Buyer can verify the data before placing the order;
b. enabling individual fields and stages of the order form to be edited.
8. If incorrect data is entered in the order form, the Buyer may contact the Seller by e-mail at shop@primodi.eu in order to modify it.
§ 13
1. The following payment methods are available: payment on delivery and electronic payment (including card payment. The form of delivery is courier shipment.
2. The Buyer should make payment within 2 days from the date of conclusion of the sales contract. After this period, the Seller will set an additional period of 2 days for the Buyer. If the additional period expires without effect, the Seller will be entitled to withdraw from the contract. If the Buyer has selected payment on delivery, payment must be made upon receipt of the goods.
3. The costs associated with delivery of goods within Germany are borne by the Buyer. For orders up to €100, delivery costs €8. For orders including and above €100, delivery is free of charge.
4. The delivery time for products is available in the “Delivery and returns” tab.
§ 14
1. A sales document compliant with tax regulations is included with the order.
2. The Buyer consents to the Seller using electronic invoices for settlements within the meaning of the Act of 11 March 2004 on Value Added Tax.
V. Returns and complaints
§ 15
1. If the Buyer is a Consumer or a Sole Trader, the Buyer has the right to withdraw from the sales contract concluded with the Seller, without giving any reason, within 30 days from the day on which the Buyer took possession of the goods or on which a third party, other than the carrier and indicated by the Buyer, took possession of the goods. If the subject of the contract comprises multiple goods that are delivered separately, this period expires 30 days from the day on which the Buyer took possession of the last of the goods or on which a third party, other than the carrier and indicated by the Buyer, took possession of the last of the goods.
2. In order to exercise the right of withdrawal from the contract, the Buyer should inform the Seller of the decision to withdraw from the contract by means of an unequivocal statement (for example, a statement made in writing and sent by post, by e-mail to the Seller’s address specified in § 1(a) of the Terms and Conditions.
3. The Buyer may use the model withdrawal form made available by the Seller, which form is available at this link, however this is not mandatory.
4. In order to meet the withdrawal deadline, it is sufficient for the Buyer to send information concerning the exercise of the right of withdrawal before the withdrawal period has expired.
5. In the event of withdrawal from the contract, the Seller shall, without undue delay and in any event no later than 14 days from the date of receipt of the Buyer’s statement of withdrawal from the contract, reimburse to the Buyer all payments received from the Buyer, including the costs of delivering the goods to the Consumer or Sole Trader (except for additional costs resulting from the Buyer’s choice of a delivery method other than the least expensive standard delivery method offered by the Seller). The Seller will make the reimbursement using the same payment methods as those used by the Buyer in the original transaction, unless the Buyer has expressly agreed to another solution and it does not involve any additional costs.
6. The Seller may withhold reimbursement until receipt of the goods or until proof of their return has been provided, whichever occurs first.
7. The Buyer should return or hand over the goods to the Seller without undue delay and in any event no later than 14 days from the day on which the Buyer informed the Seller of the withdrawal from the contract. The deadline is met if the Buyer sends back the goods before the 14-day period has expired. The Seller recommends that the Buyer package the returned goods appropriately in order to protect them against damage during transport.
8. The direct costs of returning the goods within Germany are borne by the Buyer. The return shipment should be sent to the following address:
PRIMODI WAREHOUSE – RETURN
Ul. Konstantynowska 13
95-200 Pabianice
Poland
9. The Buyer is liable only for any diminished value of the goods resulting from using them in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.
10. The Consumer or Sole Trader does not have the right of withdrawal in relation to a contract:
a. where the subject of the performance is non-prefabricated goods manufactured according to the specifications of the Consumer or Sole Trader or serving to satisfy their individualised needs;
b. where the subject of the performance is goods liable to deteriorate rapidly or having a short shelf life;
c. where the subject of the performance is goods delivered in sealed packaging which cannot be returned after the packaging has been opened due to health protection or hygiene reasons, if the packaging was opened after delivery;
d. where the subject of the performance is goods which, after delivery, by their nature, become inseparably combined with other goods.
§ 16
1. The Seller informs that it is liable for the conformity of the goods and the digital service with the contract.
2. Complaints concerning the provision of electronic services by the Seller or concerning purchased goods may be submitted in writing to the Seller’s address:
PRIMODI WAREHOUSE – COMPLAINT
ul. Konstantynowska 13
95-200 Pabianice
Poland
or by e-mail to the following e-mail address: shop@primodi.eu.
3. The complaint should state: the order number (or other data enabling it to be identified), the Buyer’s contact details enabling a response to the complaint, and a description of the event forming the basis of the complaint.
4. The Seller will respond to the complaint within 14 days from the date of its receipt.
VI. Duration of the agreement for the creation of an Account
§ 17
The agreement with the Buyer for the creation of an Account is concluded for an indefinite period.
§ 18
The Buyer may terminate the agreement for the creation of an Account at any time with immediate effect by sending a notice of termination to the Seller’s address specified in § 1(a) of the Terms and Conditions or by e-mail to: shop@primodi.eu.
VII. Amendments to the Terms and Conditions
§ 19
1. The Seller has the right to unilaterally amend the Terms and Conditions in accordance with the rules set out in this section and only if one of the following reasons occurs:
a. introduction by the Seller of new services related to the Store,
b. changes to delivery or payment methods,
c. modification of the purchasing path,
d. changes in provisions of law that make it necessary to adapt the Terms and Conditions to them, in particular changes in provisions concerning: consumer protection, provision of electronic services, and personal data protection. If this reason occurs, the Terms and Conditions may be amended to the extent necessary to adapt their content to the new legal requirements.
2. If one of the above reasons occurs, the Seller will send to Buyers, at the e-mail addresses provided by them in the Store, information about the planned amendment to the Terms and Conditions together with the content of the new Terms and Conditions. The information will be sent to Buyers at least 14 days before the date on which the planned changes enter into force.
3. A Buyer who does not accept the planned changes may terminate the agreement for the creation of an Account in accordance with the rules indicated in § 18 of the Terms and Conditions. If the Buyer does not terminate the agreement for the creation of an Account before the date on which the new wording of the Terms and Conditions enters into force, it becomes binding on the Buyer on the date indicated as the effective date of the new version of the Terms and Conditions.
VIII. Provisions not applicable to Consumers and Sole Traders
§ 20
The provisions of Part VIII of the Terms and Conditions apply only to Buyers who are entrepreneurs within the meaning of Article 43¹ of the Civil Code, hereinafter referred to as “Entrepreneurs”. They do not apply to Consumers or Sole Traders.
§ 21
The Seller has the right to withdraw from a sales contract concluded with an Entrepreneur within 14 days from the date of its conclusion. Such withdrawal may take place without giving any reason and does not give rise to any claims on the part of the Entrepreneur against the Seller.
§ 22
The Seller has the right to limit the payment methods available to Entrepreneurs, including requiring full or partial prepayment, irrespective of the payment method selected by the Entrepreneur.
§ 23
1. At the moment the Seller hands over the goods purchased by the Entrepreneur to the carrier, the benefits and burdens associated with the goods, as well as the risk of accidental loss of or damage to the goods, pass to the Entrepreneur. In such a case, the Seller is not liable for loss, shortage or damage to the goods arising from the time they are accepted for carriage until they are handed over to the Entrepreneur, nor for any delay in the carriage of the shipment.
2. Upon receipt of the goods, the Entrepreneur is obliged to inspect the shipment at the time and in the manner customary for shipments of this type. If the Entrepreneur finds that any shortage or damage to the goods occurred during carriage, the Entrepreneur is obliged to take all steps necessary to establish the carrier’s liability.
§ 24
Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under the statutory warranty for defects in relation to goods purchased by an Entrepreneur is excluded.
§ 25
All disputes arising between the Seller and an Entrepreneur shall be resolved by the common courts having territorial jurisdiction over the Seller.
IX. Final provisions
§ 26
When using the Store and corresponding with the Seller, it is prohibited to provide unlawful content.
§ 27
1. Subject to the provision of the paragraph below, contracts concluded by Buyers with the Seller on the basis of the Terms and Conditions are governed by Polish law.
2. However, in the case of contracts concluded with Consumers, the above choice of governing law does not deprive the Consumer of the protection granted under the provisions of the law of the country in which the Consumer has their habitual residence and which cannot be excluded by agreement.