Terms and conditions

A contract may be between two persons – the buyer and supplier.
The buyer has the right to negotiate elements of the contract from the supplier before ordering, this therefore, also changes the terms of the rules below. All negotiations or changes should be done in writing and sent to the suppliers address (SUIPINGSHA ZHOU, Ul. Skoroszewska 22A/62, 02-495 Warszawa).
If the buyer decides not to negotiate the terms of the contract, the buyer must agree to the terms set out below. 
RULES

§1 Definition

1. Postal address:
SUI PINGSHA ZHOU
Ul. Skoroszewska 22A/62
02-495 Warszawa
2. Returns address:
SUI PINGSHA ZHOU
Ul. Skoroszewska 22A/62
02-495 Warszawa
3. Details of delivery costs, as well as forms of delivery, can be found at www.suishop.eu/dostawa.
4. Contact details:
SUI PINGSHA ZHOU
Ul. Skoroszewska 22A/62
02-495 Warszawa
e-mail: zamówienie@suishop.eu
5. Forms and names of delivery services together with pricing can be found on www.suishop.eu/dostawa 
6. Proof of purchase will be given in the form of a receipt, check or invoice as stated in the sales and services tax law from 11th March 2004 and any changes or updates relevant.
7. Product card – individual subpage on the online shop that has information about the each individual product.
8. A customer is a natural person who has reached the age of majority and has the capacity to conduct legal actions, a legal person or an organisation without a legal person and has the capacity to perform a legal activity with the trader and not related to said persons business or profession.
9. The civil code covered in the code from 23th April 1964 (Kodeks cywilny) and any later changes.  
10. The code of good practise. The rules that cover ethical and professional norms found under article no. 2 point 5 The law of fair practise in the market from 23rd August 2007 and later changes.
11. The consumer is a natural person who has reached the age of majority and has the capacity to perform a legal activity with the trader and not related to his/her business or profession.
12. The Basket is the list of products offered by the shop and chosen by the customer before finalising the sale.
13. The buyer is the consumer and also the customer.
14. The issuing location: the postal address or the collection up point indicated at the moment of ordering.
15. Handing over the goods. The moment when the buyer, or a third party representing the buyer, receives the product/s.
16. The internet platform ODR. The union of internet services underlined in the regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21st May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) https://webgate.ec.europa.eu/o... 
17. Payment. The agreed method of payment and delivery for items ordered on www.suishop.eu/platnosc
18. Consumer law. The regulation in the law from 30th May 2014 (Prawo konsumenckie)
19. The product. The minimum and indivisible amount that can be counted as one ordered item, which is supplied in the shop as a single item with an identification of a single price (price per piece)
20. The contracted item is the item ordered and delivered. 
21. Contract item – procurement item..
22. Collection point. The place, which is not the postal address provided by the seller.
23. UOKiK ¬register. The office of competition and consumer protection (Urząd Ochrony Konkurencji i Konsumentów) of registered products and the laws for fairness from 23rd September 2016found at:  https://uokik.gov.pl/rejestr_p...
24. A product. A product can be an item or a procurement item. 
25. The shop. The service, available for buyers, is accessible at: www.suishop.eu.
26. Supplier:
SUI PINGSHA ZHOU
Ul. Skoroszewska 22A/62
02-495 Warszawa
NIP: 5213578530, REGON:367118303, 
registered at CEIDG and found at:
 https://prod.ceidg.gov.pl/CEID...
BANK ACCOUNT NO.: 05 1090 1056 0000 0001 3450 9855
27. The system. An IT and programming team working together to ensure the safety and protection of data sent and held by telecommunications with the help of the correct internet database.
28. Time frame. The time frame of delivery are given on the product card in hours and working days.
29. The contract. According to the consumer law from 30 May 2014, the contract agreed on other than on the suppliers property or at a distance within the law in the case of the consumer’s sales contract and the supplier’s agreement Article 535 in the civil code from 23rd April 1964.
30. Defects - including physical and legal defects.
31. Physical defects. An item which is sold under the agreement does not fit the description in the agreement if it:
a. Has different functions which are crucial for the product to complete its purpose.
b. Has no functions similar to those described by the seller.
c. Does not complete the purpose for which it is intended, as described by the seller in the contract and the buyer has not been informed of changes,
d. Is completely different to what the buyer receives,
e. Is incorrectly assembled by the producer. If it has been done by the seller or a third party, for whom the supplier takes responsibility, or by the consumer who used the instuctions provided by the seller.
f. Has different functions to those that the producer has descibed it should complete. This also covers producers that have sold products under their name or brand and that do not rightfully belong to them. 
32. Legal defects. The situation when the item becomes the property of a third person or effects a third party unless otherwise decided by a legal body.
33. Orders. The buyer declares the amount and type of products, type of delivery, type of payment, collection point, buyers details and initiates the terms of the contract between the buyer and the seller.

§2 Terms

1. The contract is set out in Polish and is follows Polish consumer laws and rights and the following regulations in Polish.
2. The items are from the place the goods are received in the territory of the Republic of Poland.
3. Suppliers are obligated to deliver and provide defect free products and service.
4. All prices given by the seller are given in PLN including VAT. However, do not need to include the delivery costs.
5. The time frame is according to article. 111 from the civil code the end which is indicated by the last day if the beginning of the time frame is at the beginning of the contract (unless otherwise stated).
6. Confirmation, availability, endurance and insurance that each party of the contract has access to information in the following areas:
a. Confirmation of the order sent to the given email address: an order, an invoice pro forma, information about lawfully cancelling the order, a pdf version of the rules outlined in this document, a pdf version of the application needed to cancel a contract, a link to be able to download the agreement regulations and the application to cancel an order.
b. The order is realised when the product is sent to the place of received 
7. The supplier informs the buyer of the guarantee 
8. The supplier does not collect any payment to communicate with him/her and the buyer poniesie jej koszty w wysokości wynikającej z umowy jaką zawarł z osobą trzecią świadczącą na jego rzecz określoną usługę umożliwiającą porozumiewanie na odległość.
9. The supplier ensures the buyers have a fully working system and that the websitre works on the follwing providers: IE 7 or newer, FireFox 3or newer, Opera 9 or newer, Chrome10 or newer or Safaru with JAVA and FLASH installed and with a screen of 1024px or higher. Using a third party program can also influence how well it functions on the following browsers: Internet Explorer, FireFox, Opera, Chrome, Safari and, therefore, should be turned off when using www.suishop.eu.
10. Buyers can use the ‘remember me’ option for ease of shopping and ordering. With this option the buyer should enter the login and password in order to access the account. The Login and password should be with symbols, letters and numbers and kept not shared with third parties. The buyer can update and/or delete their account at any point.
11. The supplier complies with the code of good practise.
12. The buyer is obligated not to: 
a.a. send contents protected by the law e.g. promoting violent or threatening content, discrediting or damage a person’s reputation,
a.b. Use the shop in any other way than it is programmed for,
a.c. Use the shop to send or advertise unwanted information such as spam, 
a.d. Use the shop other than to buy and sell items, 
a.e. Use the information in the shop for anything other than for personal use,
a.f. Use the in any other way than the law of the Republic of Poland allows it to be used.

§3 Conclusion and realisation of the contract

1. The ordering system is available 24 hours a day.
2. In order to complete the order buyers need to:
a. Add products to the basket;
b. Choose the method of delivery;
c. Choose the method of payment;
d. Choose the collection point/delivery address;
e. Complete the order by clicking ‘order and pay’.
3. The conclusion of the contract with the consumer is active from the moment of placing the order.
4. The payment of the order is realised by transfer or by electronic banking and should reach the suppliers bank account within 30 days of placing the order. If the buyer is unable to complete the payment within the agreed time, they should contact the supplier.
5. The contract is concluded when the buyer receives information that the payment should be received within 48 hours of ordering.
6. When the customer pays by cash after collecting the product, the contract is effective immediately. When the payment of the order is realised by transfer or by electronic banking after the conclusion of the contract and should reach and be recorded in the suppliers bank account.
7. The order can be settled by: completing the full payment, paying part of the order, agreeing on a buyers credit of the same value of the order or agreeing with the supplier that the order will be paid at the time of collection. 
8. The contracted item is sent within the time frame, which starts from the moment of placing the order, indicated on the product card and for orders which have many items the deadline will be product card with the longest time frame. 
9. The contracted item is the product chosen by the buyer, documents, method of delivery and delivery/collection point chosen by the buyer and the attached files, covered in §2 point 6b

§4 The right to cancel the contract.

1. In accordance with consumer law Article 27, the consumer has the right to cancel the order without giving a reason or any added costs apart from the costs covered in Article 33 and Article 34 in the consumer law act.
2. The consumer has the right to cancel the order and return the product within 14 days of receiving the product.
3. To declare the cancelation of the contract, the consumer must send a form which is found in attachment No. 2 of the consumer rights act and can be found at www.suishop.eu/zwroty-i-reklam... (or in an equivalent form).
4. Once the supplier reeives the information s/he then sends a confirmation of the cancelation to the buyer via email.
5. If the contract is cancelled, the contract has not been concluded.
6. The consumer is obliged to return the product to the supplier no later than 14 days after the cancellation. 
7. The product is sent will be and an item that will be paid separately by the consumer.
8. In accordance with Article 15 Act1 and Article 21 Act 2, the consumer does not pay for the digital if the supplier does not send a confirmation of return with a time frame.
9. The consumer is responsible to use the item in the correct manner.
10. According to Article 33 in the consumer law, if the consumer chooses to use a form of delivery other than the cheapest form of delivery on returning an item, the supplier cannot add costs for a more expensive transport.
11. The supplier returns money to the buyer in the same form as it was received unless otherwise agreed.
12. The supplier does not need to return the money until the product has been returned to and received by the supplier.
13. According to Article 38 of the consumer law, the consumer cannot cancel the order if:
a. prices change largely on the market over which the supplier has no control and which have changed before the deadline.
b. the product is faulty not a manufacturing fault. 
c. The product is short-term or single use;
d. The product is a hygiene product and the packaging has been opened;
e. There has been connected to other products after buying and it has not been disconnected;
f. a recording, voice or picture, or a program has been installed on the product after opening;

§5 Warranty

1. According to Article 558§1 in the civil code the supplier has passed the right of physical and legal warranty (defects) to the consumer.
2. The supplier takes responsibility as in Article 556 of the civil code and any defects covered in the warranty.
3. If a physical defect occurs within one year from the date purchased, the product is covered by the warranty.
4. If the product has a defect, the consumer can:
a. Apply for a part return of the payment;
b. Apply to cancel the contract;
Unless the supplier agrees to repair or change the defect in the product. The supplier is not obliged to replace or return the product, but can holds the right to choose to repair the product instead. 
5. The suppplier may decide to repair or exchange the defected part if the costs are lower than replacing the whole product unless the product proves to be hazardous.
6. The consumer cannot cancel the contract if the defect does not exist..
7. If the product has a defect, the consumer can:
a. Recieve a replacement product, without a defect;
b. Have the fault corrected.
8. The supplier is obliged to change the faulty product or correct the defect wihin a time frame agreed with the consumer. 
9. The supplier can reject the consumer’s solution to the faulty contract items when it is not possible due to high costs or similar to a better solution which does not cause high costs. 
10. If the faulty product has been assembled, the supplier can ask the consumer to deconstruct the product and re-assemble after the product has been exchanged or increase the cost of the product for the re-assembly of the product. 
11. The consumer is obligated to send the product to the supplier’s return address, who is obligated to cover the costs unless the type of product and the re-assembly or the method of delivery is not possible for the consumer then consumer must then inform the supplier where the product can be found. 
12. Apart from the situation stated in §5 point 10, the cost of the changes or repairs are covered by the supplier.
13. The supplier is obliged to receive the faulty product in order to exchange the product or cancel the contract.
14. According to Article. 5615 of the civil code, the supplier has 14 days to: declare a discount in pricing, exchange the product, correct the faulty product. According to Article 7a in the civil code, the supplier then has 30 days for all other declarations not covered in the 14 days mentioned in the civil code.
On the other hand, the supplier can accept the reason of the declaration or claim of the consumer.
15. The supplier is responsible for faults if the defects are physical and occur within two years, and if the product is used for a year, from the date the consumer has received the product. 
16. The consumer must claim against the defect within a year of the defect becoming apparent and must give the date and no longer than two years after the incident.
17. If the supplier gives a different validation date of the warranty, which is longer than two years, the supplier is responsible for the physical defect that occurs within the date given.
18. According to §5 points 15-17 the consumer can apply for a declaration of the cancellation of the contract or for a discount of the product because of a physical defect. The consumer can to exchange the product that has no faults, within the time frame given to cancel the contract or the product is advertised at a lower price.
19. If the case goes to court or the court finds that the product is faulty is within the terms of the warranty, the services for the consumer will be suspended and all communication between the supplier and the consumer will be conducted with a mediator until the case is resolved.
20. If the consumer learns of a defect through a third person and the product is repaired under the warranty as referred to in §5 point 15-16 and as long as the products defects were discovered within the given time frame, the third party becomes legally responsible.
21. If the consumer applies for a cancellation of the contract or a discount due to a defect in the product, the supplier is obliged to cover the costs of the repair or replace the product, even if the product was sold faulty without the suppliers knowledge. It does not release them from their legal rights and responsibilities.
22. There is no time frame limitations on returns or repairs of faulty products if the supplier is found guilty of concealing of the defect.
23. The supplier has the responsibility to provide the consumer with a financial compensation for the transaction within the time frame as outlined by the law.

§6 Privacy and protection of personal data.

1. The administrator of the consumer personal detail database is the supplier.
2. According to the personal data protection Act of 29th August 1997 and the provision of services by electronic means Act from 18th July 2002, the supplier is obliged to protect personal data. The consumer can place an order by entering their personal details and, therefore, completes the order. The consumer has the right to change details at any point.
3. Specifics of collecting, processing saving personal details by the shop can be found at: www. suishop.eu/polityka-prywatnosci

§7 Regulation conclusion

1. None of the regulations above are intended to prevent the consumers rights. They also cannot be interpreted to prevent the suppliers rights. Should any of the regulations above partly or fully effect the suppliers rights, the general rights should be referred to.
2. Should any of the regulations change, the consumer will be informed electronically (via email or during the registration process). Information of the changes are to be sent within a minimum of 30 days and before the new rules are effective. 
3. The most current version of the regulations are always available for the consumer under the regulations tab (www.suishop.eu/regulamin). The regulations need to be checked and accepted whilst placing each order. An exception can be whenthe consumer acknowledges that they are an obligation and informs the supplier of this.
4. If the regulations are not updated along with the general laws, the consumer has the right to use the WIIH (Wojewódzki Inspektorat Inspekcji Handlowej) as a mediator or go through the conciliatory court process. The consumer may also use various legal bodies such as the ODR or find the relevant documents through the UOKiK register. The supplier can declare and agree to the terms so that the case is cleared up outside of court. The final decision is made through the court under the correct terms and place.

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