PROMAR
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REGULATIONS

 

I. GENERAL INFORMATION

These regulations set out the principles on which a sales contract is concluded between the Customer and the Seller using the online store promar.se.
The regulations are available on the store’s website in the regulations tab.

 

DEFINITIONS

  1. Seller: Promar AB,
    Stångholmsbacken 18 lgh. 1003
    127 40 Skärholmen , Sweden
    VAT: SE559174529301
  2.  Entrepreneur – a natural person, legal person and organizational unit, which is not a legal person, and whose law confers legal capacity, conducting business activity on its own behalf,
  3. Consumer – a natural person making a legal transaction with an entrepreneur not directly related to his business or professional activity,
  4. Customer – Entrepreneur or Consumer,
  5. Brokerage service – a service provided by the Broker to the Customer in accordance with the principles set out in these Regulations,
  6. Act on consumer rights – the Act of 30 May 2014 on consumer rights (Journal of Laws item 827, as amended),
  7. VAT – tax on goods and services imposed upon importation in accordance with the Act of 11 March 2004 on tax on goods and services (Journal of Laws 2016.710, j.).
  8. Regulations – these regulations,
  9.  Store – an online store run by the Seller at www.pomar.se
  10. Newsletter – Electronic Service that allows the Customer to subscribe and receive free information from the Service Provider about the goods available in the Store to the e-mail address provided by the Customer.

 

II. SCOPE OF SERVICES PROVIDED BY THE STORE

  1. The Seller provides the following services via the online store:
    •  conclusion of purchase / sale contracts
    •  keeping a user account
  2. The Seller provides the above-mentioned services (referred to in III.1.1) on the terms set out in the Regulations.
  3. The Seller has the right to place advertising content as part of the Store’s website. They are an integral part of the store.

 

III. CONDITIONS FOR CONCLUDING AND PROVIDING CONTRACTS FOR ELECTRONIC SERVICES

  1. Conclusion of contracts for the sale of goods is carried out by concluding a contract for a fixed period. The contract is self-terminating when the order is placed or the Customer stops submitting it.
  2. The Customer’s account is maintained by entering into an agreement for an indefinite period.
  3. To cooperate with the ICT system used by the Seller, the following technical requirements are necessary:
    • computer with internet access,
    • web browser with cookies and Javascript enabled,
    • access to electronic mail;
  4. The Customer is obliged to use the Store in accordance with applicable law and enter data in accordance with the facts.

 

IV. CONDITIONS FOR CONCLUDING SALES CONTRACTS

  1. 1. By placing an order, the customer submits an offer to buy specific goods under the conditions set out in the description. The information on the store’s website does not constitute an offer within the meaning of the Civil Code.
  2. Offered goods are in gross prices.
  3. The shipment should be added to the goods, which is specified in the delivery price list. The specified type of shipment contains the maximum quantity of goods that is covered by one fee.
  4. Promotional goods may be available in limited quantities. When the goods run out, the promotional offer expires.
  5. The customer places an order by adding goods to the basket, then confirmation of the order with payment is required.
  6. Orders are processed on business days, during the store’s business hours, i.e. from 9 to 17. All sold goods have the certificates and approvals required by law, and are also allowed for sale in the Republic of Poland.
  7. After placing the order by the Customer, the Seller immediately sends the Customer an order confirmation in the form of an e-mail. Order confirmation binds the Customer with his order and initiates the conclusion of a contract between the Customer and the Seller. The message contains confirmation of all relevant elements of the order, instruction on the right to withdraw from the contract, a statement on withdrawal from a distance contract, link to these Regulations.
  8. A confirmation of purchase (receipt or invoice on request) is provided with each order.

 

V. TERMS OF PAYMENT

  1. Payment by bank transfer to the Seller’s bank account using PayPal.
  2. Payment by bank transfer to the Seller’s bank account using Klarna.
  3. Payments made using the above-mentioned payment systems will be based on the individual internal regulations of each service provider, specifying their general terms of service.

 

VI. SUPPLY OF GOODS

  1. Delivery takes place in the manner specified in the order.
  2. Goods can be delivered by mail via courier companies and postal operators. All possible delivery options for a given product along with the declared delivery dates are available on the Store’s website.
  3. The condition for delivery is completing the Delivery Option Form by the Customer.
  4. Delivery costs will be included in the following packages, depending on the option selected and the amount of the order:
    • Sweden – orders below 1499sek:
      • PostNord – Postpaket inrikes –  149sek
      • PostNord – Utkörning till företag- 235sek
      • PostNord – Hemkörning till mottagare – 245sek
    • Sweden – orders above 1499sek:
      • PostNord – Postpaket inrikes –  0sek
      • PostNord – Utkörning till företag – 86sek
      • PostNord – Hemkörning till mottagare – 96sek
    • Abroad – Deliveries carried out abroad in Sweden will be priced individually, depending on the country of the contracting authority, customs fees and offers of forwarding companies.

VII. COMPLAINTS

  1. 1. The Seller is liable under the warranty for physical and legal defects of the goods to the extent specified in art. 556 and subsequent of the Act of April 23, 1964, the Civil Code (Journal of Laws of 1964 No. 16, item 93, as amended).
  2. A physical defect in a good is the incompatibility of the thing sold with the sales contract, so if the good does not have the proper properties, which should have due to the purpose of the contract, resulting from circumstances or destination. If the goods do not have properties that the seller has provided to the customer, it is not suitable for the purpose that the customer informed the seller at the conclusion of the contract, and the seller did not raise any objections to such use, or if the goods were delivered to the customer in an incomplete state, it is not compatible with auctioned, unfit for use – for the purpose for which it is used, it does not match the description and / or photo.
  3. A legal defect of a good occurs when it is the property of a third party or is encumbered with the right of that person, when the restriction on the use or regulation results from a decision or ruling of a competent authority.
  4. Liability under the warranty for physical defects of goods occurs if it is confirmed within two years of the goods being delivered to the Customer.
  5. The customer should send the goods back for returns with a description of the physical or legal defect and confirmation of purchase.
  6. In other cases and complaints regarding the provision of electronic services should be delivered to the e-mail address of the Seller or to the address of the Seller’s registered office.
  7. Complaints shall be considered within 14 days of delivery of the complaint to the Seller.
  8. If the product has a defect, the Customer may submit a statement about the price reduction or withdrawal from the contract, unless the Seller immediately replaces the defective product with a non-defective one or removes the defect. This provision, however, does not apply if the goods have already been replaced or repaired by the Seller or the Seller has not complied with the obligation to exchange the goods for free from defects or to remove defects.
  9. The consumer may, instead of removing the defect, request the exchange of the goods for free from defects or instead of replacing the goods, request the removal of the defect, unless bringing the goods to compliance with the contract in a manner chosen by the Consumer is impossible or would require incurring excessive costs compared to the proposed method by the seller.
  10. If the complaint of the Customer who is a Consumer is accepted, the Seller shall cover the costs of receipt, delivery and exchange of the goods for free from defects.
  11. A claim for removal of a defect or replacement of a product free from defects expires after one year from the date of finding the defect. The period for consumers is valid for a period of two years.
  12. In the case of selling goods traded between Entrepreneurs pursuant to art. 558 § 1 of the Civil Code. the parties exclude the Seller’s liability under the warranty for physical and legal defects of goods.

VIII. WITHDRAWAL FROM THE CONTRACT

  1. The consumer, in accordance with the provisions of the Act on consumer rights of 30 May 2014 (Journal of Laws 2014 item 827 as amended) may withdraw from the contract without giving a reason and without incurring costs within 14 working days.
  2. The deadline of 14 days for withdrawal from the contract by the Consumer shall be counted from the date on which the Consumer takes possession of the goods.
  3. All payments made in connection with withdrawal will be returned immediately, not later than within 14 business days from the date of receipt of the Consumer’s statement on withdrawal from the contract. The withdrawal form is attached to each order. The payment will be refunded by bank transfer to the indicated No. Consumer.
  4. The Seller is not responsible for reimbursement of additional costs incurred by the Consumer beyond the cheapest method of delivery offered by the Seller.
  5. The consumer is obliged to return the goods to the Seller no later than 14 days from the date of withdrawal from the contract.
  6. The consumer is responsible for reducing the value of things as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
  7. The right of withdrawal is not entitled to the consumer in relation to contracts in which the subject of the service is an item subject to rapid deterioration or having a short shelf life and in which the subject of the service is an item delivered in a sealed package that cannot be returned after opening the package for health protection or hygiene reasons, if the packaging has been opened after delivery. This also applies to goods for individual orders.
  8. The Seller does not refund the costs of return shipment.

IX. ADDITIONAL INFORMATION

  1. These regulations apply from 1.09.2017.
  2. The Regulations and the conclusion of contracts by the Seller are in accordance with Polish law.
  3. The Regulations do not exclude or limit any rights of the Customer who is a Consumer, which he has pursuant to mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law, granting rights to consumers, priority is given to these provisions.
  4. In the event of any non-compliance of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in their place.
  5. All content posted on the website at promar.se enjoys copyright protection and belongs to the Seller. The Customer bears full responsibility for damage caused to the Seller, which occurs through the use of any content without the consent of the Seller.
  6. All provisions of the regulations are intended to clarify the statutory rights and obligations of the Seller and Customers, and not to exclude or limit them.
  7. Any disputes arising between the Seller and the Customer will be settled by mediation. If it is not possible, disputes will be settled by a competent court. The Customer who is a Consumer also has the right to use out-of-court dispute resolution, in particular by submitting an application after mediation to initiate mediation or an application for consideration of a case by the Arbitration Court.
  8. In the event of disputes between the Seller and the Entrepreneur, the court’s jurisdiction shall be determined in accordance with the seat of the Seller.