§1 General provisions
The CUMULUS Online Store available on the Website www.cumulus.equipment
is operated by Zdzisław Wylężek carrying out an economic activity under the business name of Zdzisław Wylężek CUMULUS, ul. Goplany 15, 81-524 Gdynia, NIP (Tax ID): 5860219373, REGON (Business ID): 008303125 and Jacek Wylężek carrying out an economic activity under the business name of CUMULUS Jacek Wylężek, ul. Goplany 15, 81-524 Gdynia, NIP (Tax ID): 5862199870, REGON (Business ID): 221836977, acting jointly as part of a civil law partnership under the name of “CUMULUS Zdzisław Wylężek, Jacek Wylężek spółka cywilna”, NIP 586-230-27-18, REGON 363418280 (hereinafter also referred to as “CUMULUS”). Contact details:
CUMULUS s. c.
Opata Hackiego 19 street
NIP: 586 230 27 18
Contact number of the CUMULUS Customer Service Centre: +48 58 620 94 12, open from Monday to Friday at 8:00 a.m. – 4:00 p.m. Polish time.
These Rules and Regulations are addressed to entities using the Online Store and they specify the terms and conditions, the rules and the manner of selling products via the Online Store.
§2 Rules of using the Online Store
1. In order to use the Online Store, including to browse through the range of products available in the Online Store and to place orders, the following minimum technical requirements must be met: having a multimedia device connected to the internet that supports a web browser meeting the requirements necessary for proper functioning of the Online Store.
2. All and any rights to the Online Store, including the proprietary copyrights, intellectual property rights to its name, its internet domain, the Online Store Website as well as to the models, forms, logotypes placed on the Online Store Website (with the exception of logotypes and photographs presented on the Online Store Website for the purpose of displaying products the copyrights to which are held by third parties) rest with CUMULUS and they may be used only and exclusively subject to a prior consent given by CUMULUS in writing.
3. A customer using the Online Store is obliged to use the Online Store in a manner consistent with the applicable provisions of the law as well as the provisions of these Rules and Regulations. Customers are prohibited from providing content of unlawful nature and from using the Online Store, the Online Store Website or gratuitous services provided by CUMULUS in a manner at variance with the law, good customs or infringing on the rights or personal interests of third parties.
4. To place an order in the Online Store via the Online Store Website and to use services provided by electronic means via the Online Store Website, the Customer must have an active e-mail account.
5. Customers are not permitted to use the resources and functions of the Online Store to carry out an activity that would infringe or might potentially infringe on the interest of CUMULUS.
§ 3 Registration
1. In order to create an Account on the Online Store Website, the Customer is obliged to complete a free Registration process. Using and closing the Account are free of charge too.
2. Registration is not necessary to place an order in the Online Store.
3. To complete the Registration process, the Customer should fill in the registration form made available by CUMULUS on the Online Store Website and send a filled in registration form by electronic means to CUMULUS by choosing an appropriate function in the registration form. The Customer sets an individual password during the Registration.
4. When filling in the registration form, the Customer is able to and obliged to read the Rules and Regulations as well as accept the content thereof by checking an appropriate field in the form.
5. After sending a filled in registration form, the Customer immediately receives a Registration confirmation from CUMULUS by electronic means to the e-mail address provided in the registration form. As of this moment CUMULUS starts maintaining the Customer’s Account while the Customer becomes able to access the Customer’s Account as well as edit and close it.
§4 Product price arrangements
1. Prices of products presented on the Online Store Website are denominated in PLN, GBP, EUR and USD currencies and they are gross prices, i.e. they include local Polish taxes where applicable, including the Goods and Services Tax (VAT).
2. Prices of products listed on the Online Store Website do not include product delivery costs. Product delivery costs are included in the total order value on a case-by-case basis, which value is displayed at the moment when the Customer accepts and places an order. The total order value includes the product price and product delivery costs.
3. Information about product prices, features and material product properties is available on the Online Store Website and it is provided next to a given being displayed.
4. The binding and final price is the price specified in “Your basket” in the order summary at the moment when the Customer places an order via the Online Store.
5. Prices of products presented on the Online Store Website may change, however, a change of the product price does not affect orders placed and reservations made before the change of the price took effect.
6. CUMULUS reserves the right to change prices of products on offer, add new items to the product range of the Online Store, withdraw currently available products as well as carry out and cancel promotional campaigns on the Online Store Website or modify them.
§ 5 Placing orders
1. The Customer may purchase a product available in the product range of the Online Store by placing an order. Orders may be placed 24/7 via the Online Store Website www.cumulus.equipment
. CUMULUS, to the broadest extent permitted by the law, is not liable for any technical problems or disruptions impeding communication, including in particular no data transmission, and also for stoppages in the functioning of the Online Store caused by an act of Force Majeure, wrongdoing by third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
2. As part of the ordering procedure, the Customer is obliged to read and accept these Rules and Regulations, which the Customer confirms by checking an appropriate box before finalising a given order. If the Customer fails to accept these Rules and Regulations during the ordering procedure, the Customer will be unable to purchase a given product via the Online Store.
3. A Customer who has registered a Customer’s Account in the Online Store may place an order with the use of the Customer’s Account after logging to the Online Store.
4. A Customer placing an order via the Online Store Website completes the order by selecting the Product that the Customer is interested in. The Product is added to the order by choosing the command “Add to basket” on the sub-site of the given Product presented on the Online Store Website. After completing the entire order and specifying the delivery method as well as the payment form in “Your basket”, the Customer places the order by sending the order form to CUMULUS by clicking “Order and pay” on the Online Store Website. Before the order is sent to CUMULUS, the Customer is informed of the total price for the selected Product and Delivery on a case-by-case basis. After the order is placed, the Customer is required to pay the full price and delivery costs.
5. By placing the order, the Customer submits a proposal to CUMULUS to enter into the Contract for the Sale of Products being the subject matter of the order.
6. The Contract for the Sale of Products is entered into in accordance with the Polish law and in Polish.
7. After the order has been placed, CUMULUS sends an order confirmation to the e-mail address provided by the Customer, which confirms that the contract has been entered into, to which the Customer gives his/her consent. Then the order is given the following status: “New”.
8. Next, after the amount which the Customer was obliged to pay is posted, information about the payment made is sent to the e-mail address provided by the Customer. Then the order is given the following status: “Paid”.
9. At the moment of shipping the Product, a courier company sends shipment details to the e-mail address provided by the Customer, enabling the Customer to track the delivery of the shipment from CUMULUS to the Customer. Then the order is given the following status: “Shipped”.
10. Apart from the information that the Customer receives to his/her e-mail address, the Customer may also check the order status in his/her Customer’s Account on the Online Store Website.
11. Information about accepting an order for completion is a representation by CUMULUS on having accepted the proposal and the Sale Contract is entered into at the moment of the receipt thereof by the Customer.
§ 6 Payment forms
1. The Customer may choose the following forms of paying for the Products ordered:
1) prior to collecting the product ordered – payment by bank transfer to the account of the Online Store,
2) prior to collecting the product ordered – payment by online transfer via a payment getaway, such as Dotpay, PayU or PayPal, however, payments in this form are made subject to the rules and regulations of those platforms,
2. Products ordered via the Online Store are delivered together with an invoice for the subject matter of the order issued by CUMULUS.
§ 7 Order completion and product delivery
1. A product ordered via the Online Store is to be delivered to the address specified by the Customer via courier companies with which CUMULUS cooperates. The shipping charge is calculated when placing an order and depends on the chosen country of delivery.
2. The order completion time is as follows: up to 5 weeks in the case of serial produced products and up to 12 weeks in the case of custom-made products, as of the date of entering into the contract.
3. The order completion time may be individually agreed with CUMULUS at the Customer’s initiative. In order to arrange a specific date, it is necessary to contact the Customer Service Centre at the following e-mail address: [email protected]
4. After completing the order, the product is shipped to the Customer. The anticipated delivery time in the Republic of Poland is 1 business day. The anticipated delivery time outside the borders of the Republic of Poland ranges from 1 to 7 business days, depending on the country of destination.
5. If some products covered by the order are not available, the Customer is informed thereof. The decision whether the order is to be partially completed or fully cancelled is made by the Customer.
5. If the Customer is not present at the address specified by the Customer at the moment of placing the order as the delivery address, the courier will leave a notification or try to contact the Customer by telephone in order to determine the date when the Customer will be present. If the Supplier sends the Product ordered back to the Online Store, CUMULUS will contact the Customer by e-mail or telephone in order to determine the Delivery date and cost with the Customer once again. Re-delivery costs are borne by the Customer.
§ 8 Right to renounce the contract
1. Pursuant to Article 27 of the Act of 30 May 2014 on Consumer Rights, a Customer being a Consumer who has entered into a contract with the Online Store remotely may, within 14 days, renounce this contract without providing any cause.
2. The running of the period for renouncing the contract starts on the day on which the Consumer took possession of the product or on which the third party indicated by the Consumer other than the carrier took possession of the product. In the case of a contract covering multiple items that are delivered separately, in batches or in parts, the running of the period for renouncing the contract starts on the day on which the Consumer took possession of the last of the items, the last batch or lot or on which the third party indicated by the Consumer other than the carrier took possession of the last of the items, the last batch or lot.
3. The Customer may renounce the sale contract by submitting a contract renunciation statement to CUMULUS by sending an unambiguous statement by e-mail to the following address: [email protected]
. In order to observe the time limit, it is enough to send the statement before the time limit expires. For this purpose one can use the specimen statement attached below, however, this is not mandatory.
4. In order to observe the time limit, it is enough for the Customer to ship products before 14 days pass as of the contract renunciation date to the following address: CUMULUS s.c., Opata Hackiego 19 street, 81-211 Gdynia, with an annotation “Return”. The product that is being returned should be sent back together with the invoice received with it.
5. If the contract is renounced, it is deemed not to have been entered into. If a Customer being a Consumer submits a contract renunciation statement before CUMULUS accepts his/her proposal, the proposal ceases to be binding.
6. In the case of renouncing the contract, the Customer is obliged to return the product immediately, however, not later than within 14 days as of the day on which the Customer informed CUMULUS of renouncing the contract. This is possible only when the product shows no signs of having been used, when it is complete and had not been damaged in any way. The Customer is liable for a reduction of the Product’s value as a result of using it in a manner that goes beyond what is necessary to determine the nature, features and functioning of the Product.
7. CUMULUS is obliged to refund to the Customer the amount equivalent to the product price paid immediately, though not later than within 14 days as of the receipt of the Customer’s statement on renouncing the sales contract. Money will be refunded within 14 business days. The payment will be refunded by CUMULUS using the same payment methods as those used by the Customer, unless the Customer clearly agreed to another payment refund method – in any case the Customer will not be charged any extra fees in connection with the payment refund. The payment may be refunded by bank transfer to the account specified by the Customer. The cost of shipping the product to the Customer and the cost of sending the product back are not refunded. The Customer is obliged to cover direct costs related to returning the product.
8. CUMULUS may refrain from refunding payments received from the Customer until receiving the Product back or until the Customer delivers proof of sending the Product back, depending on which of these events takes place earlier.
9. A Customer being a Consumer does not have the right to renounce the sales contract with respect to contracts where the Product is an item delivered in sealed packaging that cannot be returned after opening the packaging due to health protection or hygiene considerations if the packaging was opened after delivery.
10. Pursuant to Article 38 of the Act of 30 May 2014 on Consumer Rights, the Consumer does not have the right to renounce a contract entered into remotely with respect to contracts:
- for the provision of services if the entrepreneur performed the service in full subject to an explicit consent of the consumer who was informed, prior to the commencement of the performance, that the consumer would lose the right to renounce the contract after the completion of the performance by the entrepreneur;
- where the subject matter of performance is a non-prefabricated item, manufactured according to the consumer’s specification or used to satisfy the consumer’s individual needs;
§ 9 Complaint handling procedure
1. CUMULUS is obliged to provide products free of physical and legal defects to Customers. With respect to Customers, CUMULUS is liable for product defects on the rules specified in the provisions of the Act of 23 April 1964 – the Civil Code, in particular in Article 556 and subsequent ones of the Civil Code.
2. If the Product has a defect, the Customer may request that the defective Product be exchanged for one free of defects or that the defect be remedied. All and any complaints are handled within 14 days as of the receipt thereof. A defective product will be repaired or exchanged for a new product of full value, and should that be impossible, for instance because stocks have run out, CUMULUS will refund the equivalent of the product price to the Customer or offer other products available in the store to the Customer to choose from.
3. A Customer who performs rights related to Product defectiveness is obliged to deliver the defective item to the address of CUMULUS. The store does not accept any shipments sent back for cash on delivery. [The store] refunds standard costs related to sending back a product complained about to CUMULUS immediately after the complaint has been recognised. A description of the grounds for the complaint should be added to the Product sent back. Checking the shipment upon receipt is a necessary condition in order to take into account any claims of the Customer related to damage or theft while in transit.
4. The Customer may file a complaint with CUMULUS in connection with using gratuitous services provided by electronic means by CUMULUS. A complaint may be filed electronically, by sending it to the following address: [email protected]
. A complaint may also be filed by standard mail to the address: CUMULUS s.c., Opata Hackiego 19 street, 81-211 Gdynia, with an annotation “Complaint”. In the complaint the Customer should describe the relevant problem. CUMULUS shall consider the complaint and reply to the Customer immediately, though not later than within 14 days as of the receipt of the complaint.
§ 10 Warranty
1. Products sold by CUMULUS may be covered by warranty provided by the Product manufacturer or distributor. Warranty covers all and any defects occurring through the fault of the manufacturer or the raw materials supplier. Warranty does not cover mechanical damage.
2. In the case of Products covered by warranty, information regarding the existence, duration and content of warranty is presented on a case-by-case basis on the Online Store Website and its content presented by CUMULUS is binding.
3. Other terms and conditions for using warranty are specified in the provisions of the Civil Code.
§ 11 Out-of-court methods of handling complaints and pursuing claims
1. If a dispute arises in view of the sales contract entered into, the parties will seek to resolve the case amicably. The law applicable to the resolution of disputes arisen in view of these Rules and Regulations or related to legal relations described therein shall be the law of the Republic of Poland.
2. Among other things, the Customer has the following options to use out-of-court methods of handling complaints and pursuing claims:
1) [the Customer] is entitled to apply to the Provincial Inspectorate of the Trade Inspector to institute mediation proceedings in order to amicably resolve a dispute between the Consumer and CUMULUS,
2) [the Customer] is entitled to apply to the amicable consumer court attached to the Provincial Inspectorate of the Trade Inspection to resolve a dispute arisen from the sales contract entered into.
3. It is voluntary to use out-of-court methods of handling complaints and pursuing claims and both parties must agree to such proceedings.
4. In order to institute proceedings, it is necessary to submit an appropriate application to the competent Provincial Inspectorate of the Trade Inspection, depending on the type of proceedings an application for mediation or an application for considering the case before an amicable consumer court. For convenience, application forms are available at the registry of each and every amicable consumer court and also on the websites of the Provincial Inspectorates of the Trade Inspection.
5. Detailed information about out-of-court methods of handling complaints and pursuing claims as well as the rules of access to these procedures is available at the headquarters and on the websites of district (municipal) consumer ombudsmen, grassroots organisations the statutory tasks of which include consumer protection, the Provincial Inspectorates of the Trade Inspection and also at the following addresses of the Office of Competition and Consumer https://www.uokik.gov.pl/consumer_protection_in_poland.php
6. A Customer being a Consumer may get free assistance in a case of resolving a dispute between the Consumer and CUMULUS by taking advantage of free assistance provided by the district (municipal) consumer ombudsman or a grassroots organisation the statutory tasks of which include consumer protection, including the Polish Consumer Federation (website: www.federacja-konsumentow.org.pl
7. Assistance in the resolution of cross-border disputes is provided by the European Consumer Centres Network. The addresses of these institutions are available on the website of the European Consumer Centre (website: www.konsument.gov.pl
9. It is voluntary to use out-of-court methods of handling complaints and pursuing claims, described in particular in the Rules and Regulations, and both parties must agree to such proceedings, i.e. this requires a consent of the Customer on a case-by-case basis and a consent of CUMULUS on a case-by-case basis.
1. The personal data provided by the Customer during the registration or ordering process are processed by Zdzisław Wylężek carrying out an economic activity under the business name of Zdzisław Wylężek CUMULUS, ul. Goplany 15, 81-524 Gdynia, NIP (Tax ID): 5860219373, REGON (Business ID): 008303125 and Jacek Wylężek carrying out an economic activity under the business name of CUMULUS Jacek Wylężek, ul. Goplany 15, 81-524 Gdynia, NIP 5862199870, REGON 221836977, acting jointly as part of a civil law partnership under the name “CUMULUS Zdzisław Wylężek, Jacek Wylężek spółka cywilna”, ul. Goplany 15, 81-524 Gdynia, NIP 586-230-27-18, REGON 363418280, who are personal data controllers.
2. An essential part of the registration or ordering procedure consists in the Customer providing his/her personal data, marked as obligatory, and giving a consent to the processing of his/her personal data during the registration or ordering procedure. The personal data marked as obligatory are provided freely, however, this is necessary for the purpose of registration or placing an order as well as completing and handling it. The personal data marked as non-obligatory are provided freely and at one’s discretion.
3. In the event where the Customer gave a consent to a service provided by electronic means, consisting in sending Newsletters free of charge, the e-mail address obtained is added to the e-mailing list and it is used exclusively for marketing purposes to send commercial information to the Customer by electronic means in the form of a Newsletter. Consent may be withdrawn at any time, without providing cause.
4. The Customer gives a consent to the processing of personal data by checking an appropriate box during the registration or ordering procedure.
5. The personal data collected are not made available to third parties, excluding transferring data to an entity participating in the performance and settlement of the order, in particular for the purpose of delivering the products ordered to the Customer, e.g. a courier company entrusted by CUMULUS with performing the delivery as well as the hosting service provider. In the event where the product ordered is paid for in advance, data are also provided to the entity via which the transaction is settled. The quantity and type of data provided are limited to the necessary minimum.
6. The Customer has the right to access the content of his/her personal data as well as to rectify them and request that they be erased. For this purpose the Customer may log into his/her account on the Online Store Website and make the necessary changes.
7. The Customer has the right to obtain information whether and to what extent his/her personal data are processed and also information about the purpose and scope of the processing of his/her personal data. To this end the Customer should contact CUMULUS, in particular by e-mail at: [email protected]
8. CUMULUS, as the controller, may entrust another entity, by means of a contract entered into in writing, with the processing of personal data in the scope of performing the purposes arising from the substance of the legal relations binding the Customer with CUMULUS.
10. Cookies collect data regarding the use of the Website by the User and their main aim is to make it easier for the User to use the Website, adjust the Website to the needs and expectations of a given User (personalising Website sub-sites) or analyse User traffic on the Website.
11. Cookies are used on the Website subject to the User’s consent. The User may give a consent through appropriate software settings, in particular of the web browser, installed on the telecommunications device used by the User to browse through the content of the Website.
11. The Website user may also, at any time, manage or disable cookies on his/her browser through such settings that the browser blocks cookies or warns the User before a cookie file is recorded on the device used to browse through the content of the Website. However, in such a case the Website may perform less efficiently, the User may have no access to some content and in extreme cases the Website may not be properly displayed at all.
12. The Website user may also, at any time, manage or disable cookies on his/her browser through such settings that the browser blocks cookies or warns the User before a cookie file is recorded on the device used to browse through the content of the Website. However, in such a case the Website may perform less efficiently, the User may have no access to some content and in extreme cases the Website may not be properly displayed at all.
1. Contracts entered into via the Online Store are concluded in Polish. Other language versions of the rules and regulations are merely a translation of the Polish text, and in case of any discrepancies in the interpretation of the provisions of particular language versions, the Polish text of the contract and the rules and regulations shall prevail for the interpretation of the terms used in the contract.
2. CUMULUS respects all rights of Customers stipulated in the provisions of the law applicable in the territory of the Republic of Poland, in particular those stipulated in the provisions of the Act of 23 April 1964 – the Civil Code and the Act of 30 May 2014 on Consumer Rights.
3. CUMULUS reserves the right to amend these Rules and Regulations on legal or organisational grounds, subject to Paragraph 4.
4. If these Rules and Regulations are amended or if new rules and regulations are implemented, orders and reservations placed/made before the effective date of an amendment to the Rules and Regulations or new rules and regulations will be performed in accordance with the Rules and Regulations in the wording applicable on the day on which the Customer entered into the contract or placed an order, and new rules and regulations will apply only and exclusively to contracts entered into after the implementation thereof.
5. The provisions of the law generally applicable in the Republic of Poland shall apply to any matters not regulated in these Rules and Regulations, in particular the provisions of the Act of 23 April 1964 – the Civil Code, and in the case of Customers being Consumers – also the provisions of the Act of 30 May 2014 on Consumer Rights.
6. CUMULUS reports that there are threats in the case of using means of distance communication and also in the case of using services provided by electronic means, in particular related to the possibility of breaching the confidentiality of communications. CUMULUS takes measures aimed at ensuring IT security and it recommends that its Customers take such measures.
7. These Rules and regulations take effect as of May 19, 2021 and they apply to orders and contracts placed/entered into as of this day.