Terms and Conditions

Terms and conditions of rockerfiller.com online store

Below you will find the terms and conditions of the online store, which include information on, among other things, how to place an order leading to the conclusion of a contract, details on the execution of the concluded contract, forms of delivery and payment available in the store, the procedure for withdrawal from the contract, or the complaint procedure.

§ 1 Definitions

For the purposes of these regulations, the following meanings of the following terms are adopted:

Buyer - a natural person, a legal entity or a deified legal entity,
Consumer - a natural person who enters into a contract with the Seller that is not directly related to his/her business or professional activity; a Consumer is also a Buyer,
POCK- a natural person entering into a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity; POCK is also the Buyer,
Regulations - these rules and regulations,
Store - online store operating at rockerfiller.com,
Vendor:
ROCKER BUSINESS LTD
Bishopsgate 42-44,
EC2N 4AH London, United Kingdom
Subsidiary:
ROCKER BUSINESS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ ODDZIAŁ W POLSCE
Hoża 86/410,
00-682 Warszawa, Poland
NIP: 109-000-65-37
E-mail: [email protected], Phone number WhatsApp (International): +44 7873 749289, Phone number (Poland): +48 607 663 340.

§ 2 Preliminary provisions

Through the Store, the Seller conducts retail sales, while providing electronic services to Buyers. Through the Store, the Buyer can purchase goods, shown on the pages of the Store.
Regulations define the terms and conditions of use of the Store, as well as the rights and obligations of the Seller and Buyers.
In order to use the Store, including, in particular, to make a purchase in the Store, it is not necessary for the Buyer's computer hardware or software to meet special technical conditions. Sufficient are:

Internet access,
standard, up-to-date operating system,
A standard, up-to-date web browser with cookies enabled,
having an active e-mail address.

The buyer cannot purchase from the Store anonymously or under a pseudonym.
It is forbidden during the use of the Store to provide content of an unlawful nature, in particular by sending such content via forms available in the Store.
All product prices listed on the Store's pages are gross prices.

§ 3 Services provided electronically

Through the Store, the Seller provides electronic services to the Buyer.
The basic service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order in the Store leading to the conclusion of a contract with the Seller. The type of agreement concluded depends on the subject of the order. In the case of an order for goods, a contract of sale is concluded. In the case of an order for digital content, a contract for the supply of digital content is concluded.
If the Buyer sets up a user account in the Store, a user account service agreement is concluded with the Seller, on the basis of which the Seller provides the Buyer with an electronic service consisting of setting up and maintaining an account in the Store. The account stores the Buyer's data and the history of orders placed by the Buyer in the Store. The Buyer logs into the Account using his e-mail address and a password defined by him.
Services are provided electronically to the Buyer free of charge. However, sales contracts concluded through the Store are chargeable.
In order to ensure the security of the Buyer and the transmission of data in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the degree of security risk of the services provided, in particular, measures to prevent the acquisition and modification of personal data by unauthorized persons.
The Seller takes measures to ensure the full proper functioning of the Store. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Store.
Any complaints related to the functioning of the Store, the Buyer may submit via e-mail to the e-mail address [email protected]. In the complaint, the Buyer should specify the type and date of occurrence of irregularities related to the functioning of the Store. The Seller will consider all complaints within 14 days of receipt of the complaint and will inform the Customer of its resolution at the e-mail address of the complainant.

§ 4 Placing an order

Placing an order is done by filling out the order form after adding the products of interest to the Buyer to the shopping cart. In the form it is necessary to provide the data necessary for the execution of the order. At the stage of placing the order, it is also necessary to choose the method of delivery of the ordered products and the method of payment for the order. Placing an order is conditional on accepting the Terms and Conditions, with which the Buyer should first become familiar. In case of any doubts concerning the Regulations, the Buyer may contact the Seller.
The ordering process is completed by clicking on the button that finalizes the order.
If the Buyer has chosen online payment when placing an order, after clicking on the order finalizing button he/she will be redirected to a payment gateway operated by a third-party payment operator to make payment for the order. If the Buyer has chosen payment by bank transfer, after clicking on the button finalizing the order he will be redirected to the Store's website with order confirmation and instructions for making payment. Payment for the order should be made within 7 days of placing the order.
In the order form, the Buyer must provide true personal information. The Buyer is liable for providing false personal data. The Seller reserves the right to suspend the execution of the order in a situation where the Buyer has provided false data or where the data raises reasonable doubts of the Seller as to its accuracy. In such a case, the Buyer will be informed by phone or e-mail about the doubts of the Seller. In such a situation, the Buyer shall have the right to explain any circumstances related to the verification of the veracity of the data provided. In the absence of data allowing the Seller to undertake contact with the Buyer, the Seller will provide any explanations after the Buyer has undertaken contact.
The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their veracity and correctness, although he has such a right in accordance with paragraph 4 above.

§ 5 Delivery and payment

The available choices for order delivery are presented to the Buyer at the stage of order placement and may vary depending on the type and weight of products in the shopping cart. The cost of delivery of an order is borne by the Buyer, unless otherwise indicated by the Seller on the Store website. The Seller has the right to decide to split the order into several separate shipments without additional costs to the Buyer.
The available delivery methods in the store are:
1. InPost courier service - within Poland
2. GLS courier service - on the territory of Poland
3. DPD courier service - within the European Union (outside Poland)
4. UPS courier delivery - outside the European Union
5. FedEx Priority courier service - outside the European Union
Available payment methods for the order are presented to the Buyer at the stage of order placement.
The available payment methods in the store are:
1. Cash on delivery (available only within Poland)
2. PayU electronic payments
3. Traditional transfer to the account number:
  1. PLN: 59 1020 1169 0000 8102 0853 5843
  2. In EUR: 37 1020 1169 0000 8302 0853 5850
  3. in USD: 79 1020 1169 0000 8702 0853 5868
Electronic payments are handled by the PayU payment system, operated by PayU S.A. based in Poznan, Poland.
If the Buyer has requested an invoice, it will be delivered to the Buyer electronically, to the e-mail address provided in the order form.

§ 6 Order execution

Fulfillment of an order including goods consists in completing the ordered products, packing them for delivery to the Buyer and sending the shipment to the Buyer in accordance with the form of delivery of the order selected by the Buyer.
The order is considered completed when the shipment is shipped to the Buyer (entrusting the shipment to a carrier engaged in transportation). The exact date of delivery of the shipment is determined by the carrier. Delivery and surrender of the shipment shall be in accordance with the carrier's rules. The Buyer should examine the shipment at the time and in the manner usual for a given type of shipment, and in the event of detecting defects or damage to the goods in the shipment, perform all actions necessary to determine the carrier's liability, e.g. lead to the drawing up of a damage report.
The lead time is always indicated next to each product. The ordered products should be issued to the Consumer within 30 days, unless a longer period is clearly indicated by the Seller in the product description. In such a situation, by placing an order, the Buyer agrees to the longer lead time resulting from the product description.
If the Buyer orders products with different lead times indicated, the Seller's binding lead time for the entire order is the longest one among all products included in the order, although the Seller may offer to divide the order into several independent shipments in order to accelerate the lead time for some products.

§ 7 Withdrawal from the contract

A consumer and POCK who has entered into a remote contract with the Seller has the right to withdraw from the contract without giving any reason within 14 days from the date of taking possession of the goods.
The right of withdrawal does not apply to the contract:

in which the object of performance is goods that are perishable or have a short shelf life;
in which the object of performance is goods delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery;

To withdraw from the contract, the Consumer or POCK must inform the Seller of his decision to withdraw from the contract by an unequivocal statement - for example, a letter sent by mail, fax or e-mail.
The consumer or POCK can use the model withdrawal form, available HERE however, it is not mandatory.
In order to comply with the withdrawal period, it is sufficient for the Consumer or POCK to send information on the exercise of his right of withdrawal before the end of the withdrawal period.
The consumer or POCK is obliged to return the goods to the Seller or give them to a person authorized by the Seller to collect them immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the Seller offered to collect the goods himself. To meet the deadline it is sufficient to return the goods before its expiration.
The consumer or POCK shall bear the direct costs of returning the goods.
In the event of withdrawal from the contract, the Seller shall return to the Consumer or POCK all payments received from him, including the cheapest cost of delivery of the goods available in the Store (if the cost was paid by the Consumer or POCK) immediately, and in any case no later than 14 days from the day on which the Seller was informed of the exercise of the right of withdrawal. Reimbursement of payments will be made using the same means of payment that were used by the Consumer or POCK in the original transaction, unless the Consumer or POCK expressly agreed otherwise. In any case, the Consumer or POCK will not incur any fees in connection with the form of payment refund.
If the Seller has not offered to collect the goods from the Consumer or POCK itself, the Seller may withhold reimbursement of payments received from the Consumer or POCK until it receives the item back or the Consumer or POCK provides proof of return, whichever event occurs first.
The consumer or POCK shall be liable for any diminution in the value of the goods resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the goods.

§ 8 Responsibility for compliance with the contract

The warranty for defects referred to in the Civil Code is excluded for a Buyer other than a Consumer or POCK. In the case of a Consumer or POCK, the provisions of the Consumer Rights Act shall apply with respect to liability for the conformity of goods or digital content with the contract.
The Seller is obliged to provide the Consumer or POCK with goods free of defects.
Conformity of goods or digital content with the contract shall be assessed in accordance with the provisions of the Law on Consumer Rights.
The rights of the Consumer or POCK related to the non-conformity of the goods or digital content with the contract and the manner of their realization are defined by the mandatory provisions of the Law on Consumer Rights. For the sake of the interests of the Consumer or POCK, the Seller has prepared an excerpt from these provisions, attached as Appendix 1 to the Regulations.
In order to simplify for the Consumer or POCK the exercise of rights related to the non-conformity of goods or digital content with the contract, the Seller has prepared a model complaint form, which the Consumer or POCK can use. The template is available HERE.
The seller will respond to the complaint submitted within 14 days from the date of delivery of the complaint to him by such means of communication, using which the complaint was submitted.

§ 9 Personal data and cookies

The rules for processing personal data and using cookies are described in the privacy policy published on the Store's website.

§ 10 Intellectual property rights

The Seller hereby instructs the Buyer that digital content, content available on the Store's pages and elements of goods (e.g. graphic designs), may constitute works within the meaning of the Act of February 4, 1994 on Copyright and Related Rights, the copyrights to which are vested in the Seller or other authorized entities.
The Seller hereby instructs the Buyer that further distribution of copyrighted content by the Buyer without the consent of the Seller or other authorized entity, except for the use of the content within the framework of permitted personal use, constitutes copyright infringement and may result in civil or criminal liability.
If the Buyer wishes to use copyrighted content beyond the limits of permitted personal use, the Seller may grant a license to the Buyer on a case-by-case basis.

§ 11 Out-of-court ways of dealing with complaints and claim investigation

The seller agrees to submit any disputes arising in connection with the concluded contracts to mediation. Details will be determined by the conflicting parties.
The Consumer has the opportunity to use out-of-court means of handling complaints and claims. Among other things, the Consumer has the opportunity to:

to apply to a permanent amicable consumer court to resolve a dispute arising from the contract,
to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Buyer and the Seller,
use the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection.

For more detailed information on out-of-court ways of handling complaints and claims, the consumer can look for on the website http://polubowne.uokik.gov.pl.
Consumers can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and businesses seeking out-of-court settlement of disputes regarding contractual obligations arising from an online sales contract or service contract.

§ 12 Final provisions

The Seller reserves the right to introduce and cancel offers, promotions and to change the prices of products in the Store without prejudice to the Buyer's acquired rights, including, in particular, the terms of contracts concluded before the change.
The seller reserves the right to make changes to the Terms and Conditions for important reasons such as changes in laws, technological changes, business changes.
Sales contracts and contracts for the provision of digital content that do not involve the creation of an account for the Buyer on the course platform, concluded before the amendment of the Regulations, shall be governed by the Regulations as in effect at the time of conclusion of the contract.
In the case of a user account service contract, a Buyer with a registered user account in the Store is informed of any change in the Terms and Conditions by sending a message to the e-mail address assigned to the user account. If the Buyer does not accept the new Regulations, the Buyer may terminate the user account service agreement by deleting his user account.
In the case of a contract for the provision of digital content that involves the creation of an account for the Buyer on the course platform, the Buyer with an account on the course platform shall be informed of any change in the Terms and Conditions by sending a message to the email address assigned to the account. The Consumer or POCK may terminate the agreement only if the amendment to the Terms and Conditions materially and adversely affects the Consumer's or POCK's access to or use of the digital content. The termination may be submitted within 30 days after the Consumer or POCK is notified of the change in the Terms and Conditions. The right of termination shall not be granted to a Buyer other than the Consumer or POCK. . Any disputes related to contracts concluded through the Shop will be considered by the Polish common court of competent jurisdiction for the place of residence or permanent performance of business by the Seller. This provision does not apply to Consumers and POCK, for whom the jurisdiction of the court is considered on general principles.
These Regulations are effective as of 2023-01-20
All archived versions of the Regulations are available for download in .pdf format - links are provided below the Regulations.

Appendix No. 1 - extract from the provisions of the Law on Consumer Rights

Rights of the Consumer / POCK in case of non-conformity of goods with the contract

Article 43d [Repair or replacement].

If the goods do not conform to the contract, the consumer may demand repair or replacement.
The trader may make an exchange when the consumer demands a repair, or the trader may make a repair when the consumer demands a replacement, if it is impossible or would require excessive costs for the trader to bring the goods into conformity with the contract in the manner chosen by the consumer. If repair and replacement are impossible or would require excessive costs for the trader, the trader may refuse to bring the goods into conformity with the contract.
In assessing the excessiveness of the costs for the trader, all the circumstances of the case shall be taken into account, in particular the significance of the non-conformity of the goods with the contract, the value of the conforming goods and the excessive inconvenience to the consumer caused by the change in the manner of bringing the goods into conformity with the contract.
The trader shall repair or replace within a reasonable time from the moment the trader is informed by the consumer of the lack of conformity with the contract, and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased them. The cost of repair or replacement, including, in particular, the cost of postage, transportation, labor and materials, shall be borne by the trader.
The consumer shall make the goods subject to repair or replacement available to the entrepreneur. The trader shall collect the goods from the consumer at his expense.
If the goods were installed before the goods became incompatible with the contract, the trader shall disassemble the goods and reassemble them after repairing or replacing them, or have them done at his own expense.
The consumer is not obliged to pay for the mere use of the goods, which were subsequently replaced.

Article 43e [Declaration of price reduction or withdrawal from contract].

If the goods are not in conformity with the contract, the consumer may make a statement of price reduction or withdrawal from the contract when:

The trader refused to bring the goods into conformity with the contract in accordance with Article 43d(2);
The trader failed to bring the goods into conformity with the contract in accordance with Article 43d (4-6);
the lack of conformity of the goods with the contract continues, even though the trader has tried to bring the goods into conformity with the contract;
the lack of conformity of the goods with the contract is so significant that it justifies either a reduction in price or withdrawal from the contract without first resorting to the protections set forth in Article 43d;
it is clear from the trader's statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.

The reduced price must remain in such proportion to the contract price as the value of the non-conforming goods remains to the value of the conforming goods.
The trader shall refund to the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than 14 days from the date of receipt of the consumer's statement on price reduction.
The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial. The lack of conformity of the goods with the contract is presumed to be material.
If the lack of conformity applies only to some of the goods delivered under the contract, the consumer may withdraw from the contract only with respect to those goods, as well as with respect to other goods purchased by the consumer along with the non-conforming goods, if the consumer cannot reasonably be expected to agree to keep only the conforming goods.
In the event of withdrawal from the contract, the consumer shall immediately return the goods to the entrepreneur at his expense. The trader shall return the price to the consumer immediately, no later than within 14 days of receipt of the goods or proof of their return.
The trader shall refund the price using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him.

Rights of the Consumer / POCK in case of non-conformity of digital content with the contract

Article 43m [Non-compliance of content or service with contract].

If the digital content or digital service is not in conformity with the contract, the consumer may demand that it be brought into conformity with the contract.
The entrepreneur may refuse to bring the digital content or digital service into compliance with the contract if bringing the digital content or digital service into compliance with the contract is impossible or would require excessive costs for the entrepreneur.
In assessing the excessiveness of the costs for the entrepreneur, all the circumstances of the case shall be taken into account, in particular, the significance of the non-conformity of the digital content or digital service with the contract and the value of the digital content or digital service that conforms to the contract.
The trader shall bring the digital content or digital service into conformity with the contract within a reasonable time from the moment the trader is informed by the consumer of the lack of conformity with the contract, and without undue inconvenience to the consumer, taking into account their nature and the purpose for which they are used. The cost of bringing the digital content or digital service into conformity with the contract shall be borne by the entrepreneur.

Article 43n [Declaration of price reduction or withdrawal from contract].

If the digital content or digital service is not in compliance with the contract, the consumer may submit a statement of price reduction or withdrawal from the contract when:

bringing the digital content or digital service into compliance with the contract is impossible or requires excessive costs pursuant to Article 43m (2) and (3);
the entrepreneur failed to bring the digital content or digital service into compliance with the contract in accordance with Article 43m(4);
the non-conformity of the digital content or digital service with the contract continues to exist even though the trader has tried to bring the digital content or digital service into conformity with the contract;
the lack of conformity of the digital content or digital service with the contract is so significant as to justify either a price reduction or cancellation of the contract without first resorting to the measure of protection set forth in Article 43m;
it is clear from the trader's statement or circumstances that he will not bring the digital content or digital service into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.

The reduced price must remain in such proportion to the contract price as the value of the non-conforming digital content or digital service remains to the value of the conforming digital content or digital service. If the contract stipulates that the digital content or digital service is provided in parts or continuously, the price reduction must take into account the time during which the digital content or digital service remained non-conforming.
A consumer may not cancel a contract if the digital content or digital service is provided in exchange for the payment of a price, and the lack of conformity of the digital content or digital service with the contract is immaterial. The failure of the digital content or digital service to conform to the contract is presumed to be material.