Terms and conditions

These Terms of Use specify general terms and conditions of sale applicable in our online shop available at rpfabrics.pl and operated by SISCOM S.C. Didyk, Siwek, Bysewska 30, Gdańsk 80-298, Tax identification no. (NIP): 958-153-68-52 , Business registration no.: 220301292. The business activity is registered in the Central Register and Information on Business Activity (CEIDG) kept by the Minister in charge of economic affairs.

1. Scope of the Terms of Use

These Terms of Use apply to all orders placed by Consumers and Entrepreneurs through our online shop.

According to Article 22 of the Civil Code, a Consumer is a natural person making a legal transaction with an entrepreneur which is not directly related to his/her business or professional activity.

An entrepreneur is, in accordance with Article 43 of the Civil Code, a natural person, a legal person and an organisational unit which is not a legal person, who is granted legal capacity by the law and who runs business or professional activity in its own name.

Other or additional Terms of Use and General Business Terms and Conditions applied by Entrepreneurs do not apply – they shall become part of the agreement only after our explicit consent given in writing.

2. Concluding an agreement

Sales agreement is concluded with SISCOM S.C. Didyk, Siwek.

The presentation of products in our online shop constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code. To place a product purchase offer, the User needs to place an order. Using the mechanisms available in our shop, you can add the products of your choice to a shopping cart and make a purchase offer. The shopping cart content and data entered in the forms can be modified before placing an order by using available features and messages displayed during ordering. By clicking on the confirm and finalise button on the order summary page, you are placing an order for the products in your cart.

After placing an order, you will receive an e-mail that is automatically generated by a mailing system, which confirms registration of your order. This e-mail does not constitute a declaration of acceptance of your offer and conclusion of the sales agreement. The sales agreement is concluded after verifying whether the order can be executed and after accepting your offer, which shall take place in a separate e-mail stating acceptance of the order for execution. Once you receive such declaration, the sales agreement is concluded.

The Customer receives the sales document in electronic form. By placing an Order, you give consent to the sending of invoices in electronic form within the meaning of the provisions on VAT. On Customer’s request, the document shall be sent by traditional mail. For this purpose, please send us information to [email protected]. If there is no e-mail address in the Order, the sales document shall be sent by traditional mail.

3. Language and rules for recording agreements

Sales agreements can be concluded in Polish and English.

We record the content of the agreement and send you all order details by e-mail. You can also check your Orders’ details via your customer account. The Terms of Use are also available on our online shop website so that you can obtain, reproduce and save the content.

4. Delivery of products

In some cases, delivery costs should be added to product prices. Ordered products are delivered by courier companies that cooperate with us. Details on possible methods and dates of delivery, as well as costs of shipment, are presented during placing the order and in a special information tab on our shop’s website.

It is generally possible to collect products in person at the following address: RP Atelier, ul. Przebendowskich 28, 81-526 Gdynia, from 10:00 am to 3:00 pm (DUE TO CURRENT COVID-19 PANDEMIC COLLECTION IN PERSON IS NOT POSSIBLE).

We do not ship products to parcel lockers.

When making a purchase in the shop and selecting “cash on delivery” payment option, the Customer is obliged to collect the ordered Goods and make payment on their delivery. If the Customer fails to fulfil the above-mentioned obligations, the Shop shall be charged by the courier company with the costs of delivery and return of the ordered Goods. After the Goods not collected by the Customer have been returned, the Shop is also forced to put them into storage, which also involves additional costs. According to the applicable legislation, in a situation where the goods remain uncollected, the seller may claim compensation for the damage caused by their contractor’s delay and collection by the buyer of the sold goods (Article 475 of the Civil Code). Moreover, according to Article 551 of the Civil Code, in case of the buyer’s delay in collecting the goods, the seller may put the goods into storage at the buyer’s expense and risk. Please be advised that the above costs are comprised of courier company remuneration (cost of delivering and returning the goods), daily cost of goods storage and costs of registered mail letter with demand for payment. Having this in mind, please note that in case of failure to fulfil your obligations mentioned above you will be charged with these costs.

5. Payments

Our online shop offers the following payment methods:

• Electronic payments (e-payments) via online payment service.

• Cash on delivery.

• Payment with traditional bank transfer to our shop’s bank account. If this method is selected, after placing an order we will send you an e-mail with details needed for transfer. The processing of your order will commence once the full amount of the required payment for your order has been credited to our account.

Detailed information about available methods of payment, including about online payment services integrated with our shop and available types of e-payments, as well as possible additional costs, is presented in the course of order placement and on our shop’s website in a special information tab concerning payment methods.

6. Right to withdraw from the agreement

Consumers have the right to withdraw from the agreement according to information provided in the instruction on withdrawal right.

Withdrawal right applies also to natural persons concluding an agreement related directly with their business activity, if the content of such agreement explicitly states that it does not have a professional nature within the meaning of Article 556(4) of the Civil Code. Other entrepreneurs do not have the right to withdraw from an agreement.

7. Reservation of title to goods

Goods ordered in our shop remain our property until full payment of the sale price.

8. Damages during transport

For Consumers: In case of consumer distance purchase, our shop always bares the risk of accidental damage or loss of goods during transport. If products are delivered with obvious damage caused during transport, please report the defect to the deliverer as soon as possible and contact us. A delay in making such a claim or in making contact has no consequences for your statutory claims and their satisfaction, and in particular for your rights under the statutory warranty for defects described in the following section. However, faster notification helps us to pursue our claims against the carrier or the transport insurer.

For entrepreneurs (excluding natural persons concluding an agreement related directly with their business activity, if the content of such agreement explicitly states that it does not have a professional nature within the meaning of Article 556(4) of the Civil Code): The risk of accidental loss or accidental deterioration of the product shall pass to you as soon as the product is handed over by us to the forwarder, carrier or other person or institution involved in the shipment. We shall not be liable for any loss, deterioration or damage to the product incurred from the time of acceptance of the product for transport until delivery to you or for any delay in delivery caused by the carrier.

9. Warranty, guarantee and seller’s liability

For Consumers: We are obliged to deliver defect-free products (goods). The statutory liability for defects of the sold item (so-called warranty for defects) shall apply to the extent specified in Article 556 and subsequent articles of the Civil Code. We are liable under the warranty if a physical defect is detected before the expiry of two years from the date on which the goods were handed over to you. If the object of sale is a used chattel, the liability under warranty is one year from delivery.

Complaints can be made:

• through electronic mail to: [email protected]
• in writing to: RP Atelier, ul. Przebendowskich 28, 81-526 Gdynia

We shall respond to your complaint as soon as possible and no later than in 14 days from submitting it. In case of exercising rights under warranty, if we find it necessary for complaint processing, you shall be obliged to deliver the defective item at your own expense to the postal address indicated above. If due to the nature of the item or way of its fitting, delivery would be excessively difficult, you are obliged to make the item available to us at the place where it is located.

Information concerning any possible additional guarantee and its detailed terms and conditions are always attached to the product and available on the online shop information sites.

For Entrepreneurs: In case of sale agreement concluded with an Entrepreneur, pursuant to Article 558(1) of the Civil Code, our online shop’s liability for damage under warranty is excluded.

Our customer support service is available for you: from Monday to Friday from 10:00 am to 3:00 pm.

10. Electronic services

In order to use our online shop, including to view assortment and place orders, it is necessary to have a multimedia device with Internet browser and Internet and e-mail access. It is recommended to activate JavaScript and Cookies in your browser settings. Users are obliged to use the online shop in a manner consistent with the law and good morals. The provision of unlawful content is prohibited.

We take all necessary measures to ensure that the website and the interface of our online shop operate fully correctly to the extent of our current technical knowledge, and we undertake to remove any irregularities or technical problems reported by users within a reasonable period of time. The above also refers to the possibility of subscribing for a newsletter or optional possibility of creating a customer account – if these services are offered in our online shop. You can inform us about any detected irregularities or breaks in our website and online shop’s services operation using contact details provided in the section above. Please indicate the type and date of irregularities in your complaints concerning the technical functioning of the online shop’s service.

11. Good Practice Code

We voluntarily follow the “Trusted Shops Quality Criteria” available at this link.

12. Out-of-court dispute settlement

Please be advised that Consumers have the right to make use of an out-of-court complaint handling and claims procedure. Information on access to the above disputes resolution mode and procedures can be found here: www.uokik.gov.pl under tab “Polubowne rozwiązywanie sporów konsumenckich”.

Moreover, at the address: http://ec.europa.eu/consumers/odr Consumers have access to an online platform for consumer disputes resolution (so-called ODR platform). The ODR platform is a multilingual, interactive website for consumers and entrepreneurs seeking out-of-court resolution of disputes arising from the conclusion of a distance sales or service contract.

Using the above out-of-court ways of pursuing claims and resolving disputes is voluntary and can take place only if both parties to the dispute (Consumer and seller) agree to it

13. Final provisions

Nothing in these Terms of Use is intended to infringe the statutory rights of the Consumer. In the event of any contradictions between the provisions of these Terms of Use and the rights of Consumers resulting from generally applicable regulations – the statutory regulations shall always be applied instead of the contested provisions hereof.

If you are an Entrepreneur, then for all agreements concluded with us Polish law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods.

If you are an Entrepreneur, a legal person under public law or a separate legal entity under public law, the court having exclusive jurisdiction for all disputes arising from the contractual relationship between us and you shall be the court having jurisdiction over our registered office. The above does not apply to natural persons concluding an agreement related directly with their business activity, if the content of such agreement explicitly states that it does not have a professional nature within the meaning of Article 556(4) of the Civil Code.