Terms & Conditions
These Terms and Conditions specify the general terms, rules, and manner of sale conducted by PATON Europe Sp. z o.o., with its registered office in Rzeszów, through the online store https://paton.uk (hereinafter referred to as the “Online Shop”), and set out the terms and conditions for the provision of free electronic services by PATON Europe Sp. z o.o.
§ 1. Definitions
- Working days – weekdays from Monday to Friday, excluding public holidays.
- Delivery – the actual process of delivering the Goods specified in the order to the Customer by the Seller, via the Supplier.
- Supplier – the courier company cooperating with the Seller in the delivery of Goods.
- Password – a sequence of letters, digits, or other characters chosen by the Customer during Registration to secure access to the Customer’s Account in the Online Shop.
- Client – an entity to whom, in accordance with these Regulations and applicable law, electronic services may be provided or with whom a Sales Agreement may be concluded.
- Consumer – a natural person performing a legal transaction with an entrepreneur not directly related to their business or professional activity.
- Client’s Account – an individual panel activated for each Client by the Seller upon registration and conclusion of a service agreement to maintain the Account.
- Entrepreneur – a natural person, legal person, or organizational unit without legal personality, granted legal capacity by law, conducting business or professional activity on its own behalf, performing legal acts related to that activity.
- Regulations – these Terms and Conditions.
- Registration – an action performed as specified in the Regulations, required for the Customer to access full functionalities of the Online Shop.
- Seller – PATON Europe Sp. z o.o., registered office: Przemysłowa 14, 35-105 Rzeszów, VAT EU: PL8133751525, REGON: 367842571, registered in the register of entrepreneurs by the District Court in Rzeszów, XII Commercial Division of the National Court Register under KRS number 0000687755, share capital PLN 5,000; e-mail: sale@paton.uk; owner of the Online Shop.
- Shop’s website – websites operated by the Seller under the domain https://paton.uk/
- Goods – products presented by the Seller on the Shop’s website, which may be subject to a Sales Agreement.
- Durable medium – a tool or material allowing the Customer or Seller to store information addressed personally to them, accessible in the future for a time adequate to the purpose, enabling unchanged reproduction of the stored information.
- Sales agreement – a distance sales agreement concluded under the terms specified in these Regulations between the Customer and Seller.
§ 2. General provisions and use of the Internet Shop
- All rights to the Online Shop, including copyrights and intellectual property rights to its name, Internet domain, Shop’s Website, as well as samples, forms, logos, photographs placed on the Shop’s Website, belong to their legal owners. Their use is permitted only in a manner specified by law.
- The Seller will ensure that the Online Shop is accessible to Internet users using popular browsers, operating systems, device types, and connection types. Minimum technical requirements include Internet Explorer 11, Chrome 39, Firefox 34, Opera 26, or Safari 5 or higher, with JavaScript enabled, cookies accepted, and an Internet connection bandwidth of at least 256 kbit/s. The Shop’s website is optimized for a minimum screen resolution of 1024×768 pixels.
- The Seller uses “cookies” files, stored on the Customer’s device by the Seller’s server during use of the Store’s Website. Cookies ensure proper functioning of the website on the Customer’s device. This mechanism does not damage or alter the Customer’s device or software. Customers may disable cookies in their browser settings, but this may impair or prevent use of the Store’s Website. Detailed cookie usage rules are in the Privacy Policy.
- To place an order via the Shop’s Website or e-mail, and to use services available on the Shop’s Websites, the Customer must have an active e-mail account.
- In order to place an order in the Internet Shop by phone, it is necessary for the Customer to have an active telephone number and an active e-mail account.
- It is prohibited to submit illegal content or use the Internet Shop, its Website, or free services provided by the Seller in a manner contrary to law, good manners, or violating the rights of third parties.
- The Seller warns that due to the public nature of the Internet and electronic services, there is a risk of unauthorized access or modification of customer data. Customers should take appropriate technical measures to minimize these risks, including use of antivirus and identity protection software. The Seller never requests passwords from Customers.
- Use of the Internet Shop’s resources and functions to conduct business activities that violate the Seller’s interests is prohibited.
§ 3. Registration
- To create a Client Account, the Client is required to complete a free Registration.
- Registration is not mandatory to place an order in the Internet Shop.
- To register, the Customer must fill out the registration form provided by the Seller on the Store’s Website and submit it electronically by using the appropriate function on the registration form. During Registration, the Customer sets an individual Password.
- During completion of the registration form, the Customer may read the Regulations and accepts them by marking the relevant checkbox.
- During registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes (e.g., newsletters, promotional offers) by ticking the relevant box. The Seller clearly informs the Customer about the purpose of data collection and known or potential recipients of the data.
- Consent to process personal data for marketing is not a condition for concluding the agreement for Account Management services with the Seller. The Customer may withdraw consent at any time by submitting a relevant statement to the Seller, e.g., via e-mail.
- After submitting the completed registration form, the Customer immediately receives an e-mail confirmation from the Seller to the address provided. At this moment, the agreement for electronic Client Account maintenance is concluded, granting the Client access to their Account and the ability to update data submitted during Registration.
§ 4. Orders
- The information contained on the Store’s Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Agreement.
- The Customer may place orders in the Internet Shop via the Shop’s Website or by e-mail 7 days a week, 24 hours a day, at any time.
- The Customer may place orders in the Internet Shop by telephone during the hours and days indicated on the Shop’s Website.
- The Customer placing an order via the Store’s Website, completes the order by selecting the Goods he or she is interested in. Adding Goods to the order is done by selecting the “Add to basket” command under the given Goods presented on the Store’s website. After completing the whole order and indicating in “basket” the method of Delivery and the form of payment, the Customer shall place the order by sending the order form to the Seller by selecting the button “Order with payment obligation” on the Store’s website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs he is obliged to incur in connection with the Sales Agreement.
- A Customer placing an order via telephone shall use the telephone number provided by the Seller on the Store’s Website. The Customer places an order by phone, giving the Seller the name of the Goods from among the Goods on the Store’s website and the quantity of Goods he or she wants to order. Then, after completing the entire order, the Customer defines the manner and address of Delivery and the form of payment, and also indicates, at his discretion, his e-mail address or correspondence address to confirm the order. Each time the Customer places an order by phone, the Seller shall inform the Customer about the total price of the selected Goods and the total cost of the selected Delivery method, as well as about all additional costs which it is obliged to incur in connection with the Sales Agreement.
- After placing an order by the Customer via telephone, the Seller shall send in writing to the e-mail address or correspondence address provided by the Customer information containing confirmation of the terms and conditions of the Sales Agreement. The confirmation shall include in particular: specification of the Goods being the subject of the Sales Agreement, its price, cost of Delivery and information on any other costs which the Customer is obliged to incur in connection with the Sales Agreement.
- The Customer placing an order via e-mail shall send it to the e-mail address provided by the Seller on the Store’s Website. In the message sent to the Seller, the Customer shall specify in particular: the name of the Goods, their colour and quantity, from among the Goods presented on the Store’s Website and their contact details.
- After receiving from the Client by electronic means the message referred to in § 4 section 7, the Seller shall send the Client a return message via electronic mail, stating its registration data, price of selected Goods and possible forms of payment and delivery method together with its cost, as well as information about all additional payments which the Client would have to incur under the Sales Agreement. The message also contains information for the Customer that the conclusion of the Sales Agreement by the Customer via electronic mail entails the obligation to pay for the ordered Goods. On the basis of information provided by the Seller, the Customer may place an order by sending an electronic message to the Seller indicating the chosen payment method and method of Delivery.
- Placing an order constitutes placing an offer by the Client to the Seller to conclude a Contract for the sale of Goods subject to the order.
- After placing an order, the Seller sends a confirmation of its placement to the e-mail address provided by the Customer.
- Then, after confirming the order, the Seller sends to the e-mail address provided by the Customer information about the acceptance of the order for processing. Information on acceptance of the order for processing is the Seller’s statement on acceptance of the offer referred to in §4 paragraph 9 above and upon its receipt by the Customer, a Sales Agreement is concluded.
- After the conclusion of the Sales Agreement, the Seller confirms to the Customer its terms and conditions by sending them in writing to the Customer’s e-mail address or in writing to the address indicated by the Customer during the Registration or ordering process.
§ 5. Payments
- Prices on the Store’s Website placed next to a given Goods are gross prices and do not include information about the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, which will be communicated to the Customer when selecting the Delivery method and placing the order.
- The Customer may choose the following payment methods for the ordered Goods:
- bank transfer to the bank account of the Seller (in this case, the execution of the order will be commenced after the Seller sends the Customer a confirmation of order acceptance and after the funds are credited to the bank account of the Seller);
- bank transfer via an external payment system PayPal, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. with its registered office in Luxembourg (in this case, the execution of the order will be commenced after the Seller sends the Customer a confirmation of order acceptance and after the Seller receives information from PayPal about the payment made by the Customer);
- The Customer should make payment for the order in the amount resulting from the concluded Sales Agreement within 7 Business Days, if he has chosen the form of prepayment.
- If the Client fails to make the payment within the time limit referred to in §5.3 of the Regulations, the Seller shall set an additional time limit for the Client to make the payment and shall inform the Client about it in writing. The information about the additional period for making payments shall also include information that after the ineffective expiry of this period, the Seller shall withdraw from the Sales Agreement. In the event of ineffective expiry of the second period for making payments, the Seller shall send the Customer in writing a statement of withdrawal from the contract pursuant to Article 491 of the Civil Code.
§ 6. Delivery
- The Seller performs the Delivery on the territory of Great Britain.
- The Seller shall be obliged to deliver the Goods subject to the Sales Agreement without defects.
- The Seller publishes on the Store’s Website information on the number of Working Days required for Delivery and order processing.
- The term of Delivery and completion of the order indicated on the Store’s Website is counted on Business Days pursuant to §5.2 of the Regulations.
- The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
- On the day of sending the Goods to the Customer, the information confirming the sending of the consignment by the Seller is sent to the Customer’s e-mail address.
- The Customer is obliged to examine the delivered shipment in time and in the manner accepted for shipments of a given type. In the event of a defect or damage in the shipment, the Customer has the right to require the Supplier’s employee to write a proper protocol.
- The Seller, in accordance with the Customer’s will, attaches a receipt or a VAT invoice covering the Goods to the shipment being delivered.
- In the event of the Customer’s absence at the address indicated by the Customer, given at the time of placing the order as the Delivery address, the Supplier’s employee will leave an advice note or attempt to contact the Customer by phone to determine the date on which the Customer will be present. If the ordered Goods are returned to the Online Shop by the Supplier, the Seller shall contact the Customer by e-mail or telephone, re-establishing the date and cost of Delivery with the Customer.
§ 7. Warranty
- The Seller shall ensure the Delivery of Goods free from physical and legal defects. The Seller shall be liable towards the Customer if the Goods have a physical or legal defect (warranty).
- If the Goods have a defect, the Customer may:
- make a statement on price reduction or withdraw from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Goods with Goods free from defects or removes the defect.
- This limitation shall not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled its obligation to replace the Goods with Goods free from defects or to remove defects. The Client may instead of the defect removal proposed by the Seller demand replacement of the Goods with Goods free from defects or instead of replacement of the Goods demand removal of the defect, unless bringing the Goods to conformity with the agreement in the manner chosen by the Client is impossible or would require excessive costs in comparison with the manner proposed by the Seller. While assessing the excessive costs, the value of the Goods free from defects, the type and significance of the defect found, as well as the inconvenience to which the Client would be exposed by another method of satisfaction shall be taken into account.
- demand replacement of the defective Goods with Goods free from defects or removal of defects. The Seller is obliged to replace the defective Goods with Goods free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer.
- The Seller may refuse to satisfy the Customer’s demand if bringing about compliance with the Agreement for the sale of defective Goods in the manner chosen by the Customer is impossible or in comparison with the other possible way of bringing about compliance with the Agreement for the sale would require excessive costs. The costs of repair or replacement shall be borne by the Seller.
- The Customer who exercises warranty rights is obliged to deliver the defective item to the Seller’s address. In the case of a Customer who is a Consumer, the cost of delivery shall be covered by the Seller.
- The Seller shall be liable under warranty if a physical defect is found within two years from the date of delivery of the Goods to the Customer. Claim for removal of a defect or replacement of the Goods with a defect-free one-year period expires, but this period cannot end before the lapse of the period specified in the first sentence. Within this period, the Client may withdraw from the Sales Agreement or make a statement on price reduction due to a defect in the Goods. If the Client demanded replacement of the Goods with Goods free from defects or removal of defects, the period for withdrawal from the Sales Agreement or submission of a declaration on price reduction begins at the moment of ineffective expiry of the period for replacement of the Goods or removal of defects.
- All complaints related to the Goods or the performance of the Sales Agreement may be submitted by the Customer in writing to the Seller’s address.
- Within 14 days from the date of the request containing the complaint, the Seller shall respond to the complaint of the Goods or the complaint related to the performance of the Sales Agreement submitted by the Customer.
- The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. A complaint may be submitted in electronic form and sent to sale@paton.uk – in the complaint, the Customer should include a description of the problem. The Seller shall immediately, but no later than within 14 days, consider the complaint and provide the Customer with an answer.
- The Seller does not use out-of-court dispute resolution referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.
§ 8. Warranty
- Goods sold by the Seller may be covered by a warranty granted by the manufacturer of the Goods or distributor.
- In the case of Goods covered by the guarantee, the information concerning the existence and content of the guarantee is always presented on the Store’s website.
§ 9. Withdrawal from the Sales Agreement
- A Customer who is a Consumer and who has concluded a Sales Agreement may, within 14 days, withdraw from it without giving any reason.
- The period for withdrawal from the Sales Agreement starts from the moment of taking over the Goods by the Consumer.
- The Consumer may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller. This statement may be made, for example, in writing to the address of the Seller, by e-mail to the address of the Seller. The declaration may be made on a form, the specimen of which has been placed by the Seller on the Store’s website at the address: Withdrawal form. In order to meet the deadline, it is sufficient to send the statement before its expiry.
- The Consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller using the form available on the website at the address: Electronic withdrawal form. In order to meet the deadline, it is sufficient to send the statement before its expiry. The Seller shall immediately confirm to the Consumer the receipt of the form submitted via the website.
- In case of withdrawal from the Sales Agreement, it shall be deemed not to have been concluded.
- If the Consumer made a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
- The Seller shall immediately, no later than within 14 days of receipt of the Consumer’s statement on withdrawal from the Sales Agreement, return to him all payments made by him, including the cost of Delivery of Goods to the Consumer. The Seller may withhold the return of payments received from the Consumer until the moment of receiving the Goods back or providing by the Customer the proof of sending back the Goods, depending on which event occurs earlier.
- If the Consumer exercising the right of withdrawal chose a method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for any additional costs incurred by him.
- The Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send the Goods back to the Seller’s address before the deadline.
- In the case of withdrawal, the Customer who is a Consumer shall bear only direct costs of returning the Goods.
- If, due to its nature, the Goods cannot be returned by post in the usual manner, the Seller shall inform the Consumer about the costs of returning the goods on the Store’s Website.
- The Consumer shall be liable for any reduction in the value of the Goods resulting from their use in a manner exceeding the manner necessary to determine the nature, features and functioning of the Goods.
- The Seller shall reimburse the payment using the same method of payment as the consumer unless the consumer has expressly agreed to another method of reimbursement which does not entail any costs for the consumer.
§ 10. Free services
- The Seller provides free of charge services to Customers by electronic means:
- Newsletter;
- Keeping the Client’s Account.
- The services specified in §10 section 1 above are provided 7 days a week, 24 hours a day.
- The Seller reserves the right to choose and change the type, forms, time and manner of granting access to the selected services listed above, which will be communicated to the Customers in a manner appropriate for the amendment of the Regulations.
- The Newsletter service is available to any Customer who enters his or her e-mail address using the registration form provided by the Seller on the Store’s Website. After sending the completed registration form, the Customer shall immediately receive confirmation by the Seller by e-mail to the e-mail address provided in the registration form. At this moment, a contract for the provision of the Newsletter service by electronic means shall be concluded.
- During the Registration process, the Customer may additionally tick the appropriate box in the registration form in order to subscribe to the Newsletter service.
- The Newsletter service consists in sending by the Seller, to the e-mail address, an e-mail message in electronic form containing information about new products or services offered by the Seller. The Newsletter shall be sent by the Seller to all Customers who have subscribed.
- Each Newsletter addressed to Customers’ data shall contain, in particular: information about the sender, a completed “subject” field, specifying the content of the shipment and information about the possibility and manner of resigning from the free Newsletter service.
- The Customer may at any time resign from receiving the Newsletter by unsubscribing from the subscription by means of a link included in every e-mail sent as part of the Newsletter service or by activating an appropriate field in the Customer’s Account.
- The Customer Account Service is available after the Registration according to the rules described in the Regulations and consists in making available to the Customer a dedicated panel within the Shop’s Website, enabling the Customer to modify the data provided during the Registration, as well as tracking the status of orders and the history of already completed orders.
- The Customer who has made the Registration may submit a request to remove the Account of the Customer of the Seller; however, in the case of a request to remove the Account of the Customer by the Seller, the request may be removed within 14 days from the request.
- The Seller shall be entitled to block access to the Client’s Account and free of charge services, in the event of the Client acting to the detriment of the Seller or other Clients, violation by the Client of legal regulations or provisions of the Regulations, and also when blocking access to the Client’s Account and free of charge services is justified for security reasons – in particular: breaking the security of the Store’s Website by the Client or other hacking activities. Blocking access to the Client’s Account and free of charge services for the reasons mentioned above lasts for a period necessary to resolve the issue constituting the basis for blocking access to the Client’s Account and free of charge services. The Seller notifies the Client about blocking access to the Client’s Account and free of charge services by electronic means to the address given by the Client in the registration form.
§ 11. Protection of personal data
- The administrator of personal data of Customers provided to the Seller voluntarily within the framework of Registration, one-off order placement and provision of services by the Seller by electronic means or under other circumstances specified in the Regulations, is the Seller.
- The Seller processes personal data of the Clients in order to carry out orders, provide electronic services by the Seller and other purposes specified in the Regulations and Privacy Policy. Data are processed exclusively on the basis of legal regulations or consent given by the Client in accordance with applicable legal regulations.
- The Customer provides his personal data to the Seller voluntarily, however, with the reservation that failure to provide specific data in the Registration process makes it impossible to register and set up a Customer Account and makes it impossible to place and execute a Customer order, in the case of placing an order without registering a Customer Account.
- Anyone who provides personal data to the Seller, has the right to access their content and to correct or request their removal, and in the cases provided for by law, to demand the cessation of processing of his personal data.
- The Seller protects the personal data provided to it and makes every effort to protect them against unauthorized access or use by unauthorized persons.
- The Seller shall provide the Supplier with personal data of the Customer to the extent necessary to carry out the Delivery.
§ 12. Termination of the contract (not applicable to Contracts of sale)
- Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving any reason, subject to the retention of rights acquired by the other party prior to termination of the aforementioned contract and the provisions below.
- The Customer who has completed Registration may terminate the agreement for the provision of electronic services by sending an appropriate declaration of intent to the Seller, using any means of remote communication that enables the Seller to become aware of the Customer’s declaration.
- The Seller may terminate the agreement for the provision of electronic services by sending an appropriate declaration of intent to the Customer’s e-mail address provided during Registration.
§ 13. Final provisions
- The Seller is liable for non-performance or improper performance of the contract, but in the case of agreements concluded with customers who are Entrepreneurs, the Seller is liable only in cases of wilful misconduct and within the limits of actual losses incurred by the Entrepreneur customer.
- The content of these Terms and Conditions may be recorded by printing, storing on a data carrier, or downloading at any time from the Store’s Website.
- In the event of any dispute arising from the concluded Sales Agreement, the parties shall attempt to resolve the dispute amicably. The law applicable to any disputes arising under these Regulations shall be Polish law.
- The Seller shall inform the Customer who is a Consumer about the possibility of using out-of-court complaint and claim resolution procedures. Information on access to these procedures is available at the offices or websites of entities authorized for out-of-court dispute resolution, such as consumer ombudsmen or Provincial Inspectorates of Trade Inspection. The list of such entities is available on the website of the Office of Competition and Consumer Protection. The Seller informs that the online platform for dispute resolution between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/.
- The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller before the new Regulations enter into force shall be executed under the Regulations in force at the time of order placement. Amendments shall come into force 7 days after publication on the Store’s Website. The Seller shall notify Customers 7 days prior to the effective date of the amendments by e-mail, including a link to the amended Regulations. If the Customer does not accept the new Regulations, they must notify the Seller, resulting in contract termination under §12 of the Regulations.
- These Regulations enter into force on 02 February 2020.
Company data:
PATON Welding UK Ltd.
71–75 Shelton Street
Covent Garden
London WC2H 9JQ
United Kingdom
VAT number: GB042051468
sale@paton.uk