1. 1. The following code constitutes a legal basis defining the rules of using atlantic.pl internet store including the delivery of ordered products, making payments by the buyer for ordered products, privileges of the buyer to cancel orders and withdraw from the contract as well as the rules of placing and processing complaints. The seller shares the code free-of-charge by means of atlantic.pl, which ensures the possibility of examining its contents before making the sales contract, including downloading, storage and printing.
2. 1. This code does not apply to shopping made by economic entities on the basis of other trade agreements signed with via moda sp. z o.o. (llc).
3. 1. By shopping in atlantic.pl internet store, the buyer accepts the statement of the following code and agrees to abide by the rules herein written.
4. 1. The atlantic.pl storerespects consumers’ rights. the statements of the following code do not aim to exclude or infringe on any rights bestowed on the clients by the power of current, indiscriminate code of law, including the bill of consumer’s rights. In the event of possible discrepancy of the statements of the following code with laws written above, the laws regulating consumers’ rights apply, and must be taken into consideration over atlantic.pl code stated herein.
5. 1. The following code was made on the basis of article 8 bill number 1 position 1 of the electronically supplied services act and also the bill of consumer rights.
6. 1. The following code is directed to buyers and entrepreneurs using ethe atlantic.pl internet store.
The terms written with a capital letter used in the code have a following meaning.
1. Atlantic.pl (hereafter called store) – internet store available under the address www.atlantic.pl, is directed and managed by Via Moda sp. z o.o. (llc) based in Warsaw Mokotowska 7/10, 00-640 Warsaw. registered by the regional court for the capital city of Warsaw, XII Economic Department of the national register of court. nrs number: 0000551916, TIN: 5252614419, NBRN: 361243059
2. Product – a commodity, identified as personal property, an item being sold by means of atlantic.pl store
3. Buyer – a physical individual that is over the age of 18 possessing full capability for legal action, a legal entity or organizational unit not possessing legal character but capable of acquiring rights and duties in its name, making a purchase in atlantic.pl store. Buyers may be persons above the age of 13 that have not reached the age of 18, capable of acquiring rights and duties in accordance to commonly binding law.
4. Consumer – The buyer, defined as a physical person, taking legal action within the boundaries of Via Moda, not directly connected with their business or professional activity.
5. Enterpreneur – The buyer, defined as a physical person making purchases by means of atlantic.pl store related to their business or professional activity, a legal person or organizational unit not possessing legal character but capable of acquiring rights and duties in its own name, executing business or professional activity in their own name.
6. Sale – actions related to concluding a sales contract of products between a buyer and the seller.
7. The seller – Via Moda Sp. z o.o. based in Warsaw, Mokotowska 7/10, 00-640 Warsaw, registered by the regional court for the Capital City of Warsaw, XII Economic Department of the National Register of Court. NRS number: 0000551916, TIN: 5252614419, NBRN: 361243059.
8. Statute – the following code defining the rules of using atlantic.pl store;
9. Civil code - bill from april 23, 1964 (journal of laws 2014, position 121 with changes);
10. Consumer rights bill -bill from may 30, 2014 (journal of laws 2014, position 827);
11. Bill regarding electronically supplied services - bill regarding electronically supplied services from july 18, 2002 (journal of laws from 2013, position. 1422 with changes).
Electronically supplied services and the minimal technical requirements for using the Atlantic.pl store.
1. Usage of atlantic.pl store is possible by using a computer, a tablet, a smartphone or other devices connected to the internet, under the condition of the aforementioned devices meeting the minimal system requirements:
Operational system: Windows, Linux (with a graphic console) or Mac OS;
Hard drive: 8.0 gb of free space;
Graphic card: 256 MB memory, compatible with 1024x768 resolution;
Internet connection with a minimal bandwidth of 512 kbit/s for downloading and 128 kbit/s for sending information.
Navigation: keyboard, mouse, touchscreen.
2. The buyer or any other person using the atlantic.pl store is obligated to provide themselves with means and knowledge necessary to use the internet and access and explore atlantic.pl internet store and also covers the cost of accessing the internet and devices connected to the internet as well as accessing the www.atlantic.pl website.
3. Atlantic.pl store does not take responsibility for blocked messages to the e-mail address provided by the buyer by the administrators of e-mail servers, including software installed on the computer or any other device used by the buyer.
4. The buyer is obligated to use the atlantic.pl store in a manner compatible with law and good conduct, respecting personal rights and copyright laws as well as intellectual property of the seller and third party persons. The buyer is obligated to provide information reflecting the actual state in the forms available on atlantic.pl store. The buyer is obligated to refrain from any activity that may interfere with correct functioning of atlantic.pl store and most importantly, from tampering in any way whatsoever with the content of atlantic.pl store or its technical elements, including the delivery of unlawful content.
Registration and the rules pertaining to the use of Atlantic.pl store
1. Orders placed in the store are processed between monday and friday (with the exemption of public holidays) in the hours between 8.00 a.m. – 4.00 p.m. orders placed in the days other than specified above will be realized in the first business day after the day in which the order was placed.
2. An active e-mail account is neccessary for shopping in the internet store. browsing the store inventory does not require registration.
3. To place the order, first register a member account, which entails filling out the form available on www.atlantic.pl which requires providing a first name and a last name (or a title), contact address, e-mail address, contact number and also requires accepting the following code and giving consent to processing of personal information in matters of realizing the electronic services and realizing orders. In the case of one-time purchase a registration is not necessary. Fill out the order form correctly and accept the terms and delivery price to finalize the transaction
4. To place the order, first register a member account, which entails filling out the form available on www.atlantic.pl which requires providing a first name and a last name (or a title), contact address, e-mail address, contact number and also requires accepting the following code and giving consent to processing of personal information in matters of realizing the electronic services and realizing orders. In the case of one-time purchase a registration is not necessary. Fill out the order form correctly and accept the terms and delivery price to finalize the transaction
5. The shipping address provided in the members’ account will become the default address which will be used to realize orders, however during each purchase the buyer will have the possibility of giving any other shipping address. Should the buyer provide a business address, they must also provide the name of the company.
6. While making a purchase using a member account, the buyer can change their contact details at any time for the purpose of updating them and gets access to review their shopping history. The shopping history for unregistered users is not being saved, because the data used to realize the order is only kept in the database for the duration of the order.
7. If you wish to delete your account from the atlantic.pl store you have to send a message requesting the deletion of your account to email@example.com from the e-mail address that is currently active in the store.
8. The seller does not agree to the usage of any graphic elements belonging to him. the financial copyright to graphic elements found on www.atlantic.pl belongs to the seller
The selling procedure and placement of orders
1. Information about the products on www.atlantic.pl does not constitute a trade offer in legal terms of the civil code, but is solely an invitation to conclude a contract in terms of article 71 of the civil code.
2. By placing an order the buyer declares an offer of a selling contract
3. To place an order, the buyer is obligated to make a choice regarding:
- the ordered products and their quantity
- delivery option, and the address for the delivery;
- if the client requests a vat receipt they must provide details for the receipt (including the name of the company, the address and the tax number;
- choose a payment and delivery method.
4. The deliveries are realized in accordance to the option chosen by the client for the address given in the order form. if an order exceeds 199.00 pln then the delivery cost is covered by the seller. (does not include wholesale purchases in the case of b2b sale).
5. Order confirmation sent by Atlantic.pl store to the e-mail address provided by the buyer constitutes a declaration of acceptance of the offer described above, leading to the conclusion of a sales contract between the buyer and the seller.
6. The quantity of products offered in atlantic.pl store is frequently changing and is subject to constant actualization.
7. Orders are accepted according to the succession in which they are received until the stock has been cleared. In the event of stock unavailability or inability to process the order for other reasons, the buyer will be notified by the store in 7 (seven) days at the latest, starting from the contract date, and will immediately receive a financial refund. The notification will be sent to the e-mail provided by the buyer in the order form.
8. The realization time consists of preparing the products to be sent by Atlantic.pl store and the delivery time. It also consists of the completion of the products, booking the payment, issuing the sale document, packing and sending the package. normally, after sending the package by Atlantic.pl store, the courier company delivers the ordered products in 1-2 business days.
Buyer's rights and obligations
1. By placing an order the buyer declares that they possess legal action capability concerning the duties put on them by the terms of the following code. The Atlantic.pl store does not have the duty to verify the legal action capabilities of the buyer and other individuals visiting the store. In terms of the above, if the product is ordered by a person that does not have even a limited legal capability, then the individuals responsible for them (specifically the parents or legal guardians) accept full responsibility for their order and payment of the price.
2. The buyer is responsible for providing a full and correct shipping address.
3. If the contact information provided by the buyer in the process of creating an account or filling out a one-time purchase form should change, the buyer is obligated to its immediate actualization.
4. The seller declares that they possess a legal title to all products offered by them by means of atlantic.pl store and is entitled to manage them.
5. The seller sends the ordered products according to the statement of the code, and is obligated to pack the products with due care, ensuring a safe shipment to the buyer.
Price, payments and cancellation of the order
1. The total price amount consists of: product price and the shipping cost (delivery price). The price of the product shown on the Atlantic.pl store website is binding at the moment of placing the order by the buyer. The buyer may choose any payment form available for the ordered products with a delivery in Poland.
- quick internet transfer available through przelewy24, the realization of the order begins with authorization of the payment in Przelewy24 payment system. the operator of the payment cards is paypro sa agent rozliczeniowy, Kanclerska 15 street, 60-327 Poznań, inscribed into the entrepreneur registry of the national court register led by regional court of Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register by the NCR number 0000347935, TIN 7792369887, NBRN 301345068
- regular transfer to the account:
VIA MODA Sp z.o.o
ul. Mokotowska 7 lok. 10
Pekao SA: 79 1240 1040 1111 0010 8518 2016
Transfer title: order number + name and surname of the ordering person
- payment upon delivery: the payment is done upon delivery – a cash payment is done with a receipt for the courier.
2. All prices of the products shown on www.atlantic.pl
website are in pln,
they contain the Vat
and do not include delivery price.
3. The order may be canceled or modified on request made by the buyer, which is to be done before the order is sent by the seller. the request should be sent to firstname.lastname@example.org at the latest of 24 hours since making the payment.
4. The seller sends the purchased products at the latest of 3 days from booking the payment on the bank receipt of the seller. The scheduled arrival of the package depends on the chosen form of delivery every time. In the case of courier companies it typically takes 1-2 business days.
5.Along with the ordered product the buyer receives a fiscal receipt from the seller as proof of payment, or a vat receipt should the buyer request it.
1. The ordered products can only be delivered in Poland. There is no personal pick-up option.
2. The sending cost is specified in the „payment and delivery” tab, and is the result of the chosen form of delivery.
3. In the event of buying several products, the buyer pays only once for the delivery. In the case of unusual or wholesale orders, the delivery price is agreed upon individually with every client.
4. The seller informs the buyer about sending the product via e-mail message.
5. In the event of failure to deliver the package to the buyer, the seller will immediately file a complaint to the deliverer. In the event of positive complaint examination by the deliverer, the seller will immediately refund the whole sum to the buyer. appropriate rules of the statement code found in section 11 apply.
6. If the product turns out to be damaged during transport, the buyer will notify the seller via e-mail message sent to email@example.com along with damage protocol, if such protocol was made by the buyer.
7. To expedite the examination of complaints resulting from damaging the product during transport it is recommended that, should the buyer, after inspecting the package, reveal any damage, make a damage protocol at the moment of receiving the package with the help of the courier or post office worker, if possible.
8. The seller, immediately after receiving the protocol of damage or a notification of package being damaged during transport, begins the complaint process in the delivery company.
9. In the event of a positive complaint examination, the seller will immediately refund the whole sum to the buyer.
Withdrawing from contract
1. The buyer has the right to withdraw from the contract in 14 days without stating a reason, from the day in which the consumer factually claims the purchased product in their possession.
2. Executing the right to withdraw, the buyer is obligated to return the product in unchanged condition. (possible acceptable changes to the condition of the product are changes resulting directly from using the product in a way not exceeding the necessary action needed to examine the character, traits and function of the product) – the buyer takes responsibility for returning the product in a condition affecting this rule
3. The right to withdraw from the contract does not apply to the client if the contract in question concerns a product delivered in a sealed package, a product which cannot be returned considering health concerns or hygienic reasons, if the package was opened after delivery.
4. Returning of the product should be done immediately, at the latest of 14 days after the date of submitting a claim of withdrawal from the transaction. to uphold the given time frame before its expiration it is sufficient to return the product to the hereby given address:
Via Moda Sp. z o.o.
Gen. L. Okulickiegi 7/9
05 - 500 Piaseczno
with the inscription "Return Atlantic".
5. Should the consumer withdraw from the contract, the direct cost of returning the product falls on the consumer.
6. In the event of stipulated withdrawal from the present contract, all payments, including the delivery cost, are returned to the consumer using the same method of payment chosen by the consumer that they chose during payment for the product.
7. The seller may return the payment in other ways, on condition that the consumer has given clear consent, and that this method does not entail any additional cost to the consumer.
8. The return of the sum owed due to withdrawing of the contract takes effect in 14 days from the date of submitting a withdrawal claim by the client to the seller. The seller may refrain from returning the payment up to the point of receiving the product in question.
1. The seller has the duty to deliver products that are free from defects in terms of article 556. the client has the right to submit complaints on the basis of rules contained in the civil code regarding warranty for defects and rules specified in the aforementioned civil code.
2. The product, subjected to a complaint, along with a filled out return form must be sent to:
Via Moda Sp.z.o.o.
Gen L. Okulickiego 7/9
05 - 500 Piaseczno
with the inscription: “Complaint Atlantic”.
3. When submitting a complaint, the client should most importantly specify the claim related to the defect of the product (claims owed for title of warranty are specified in the complaint form).
4. The client must prove the fact of concluding a transaction, which is the condition for positive examination of the complaint. to expedite the complaint process, it is suggested to attach a proof of transaction to the complaint.
5. The paid sum, in the event of receiving a damaged product, or a product containing any defects (if it is actually defective) will be returned in full, along with the delivery cost of sending the product and the costs of sending the product.
1. The following code constitutes a legal basis defining the rules of using the Atlantic.pl internet store.
2. The differences that may occur between the buyer and the seller, resulting from a placed order or a payment will be subject to consideration by the appropriate common court with accordance to the following laws:
- the code of civil procedure (journal of laws no. 43, position. 296 with later changes);
- bill from may 30, 2014 regarding consumer rights;
- bill from july 18, 2002 regarding providing electronically supplied services;
- bill from august 29, 1997 regarding personal information protection.
3. The atlantic.pl store reserves the right to revise the present code. the revised code will be shared on www.atlantic.pl with 7 days’ notice before taking effect, along with the information concerning the date of the new code taking effect.
4.Orders made before the date of the changes in the code taking effect will be realized on the basis of statements currently in effect on the day of submission.
The following Code takes effect on august 31, 2018.