TERMS OF SERVICE OF OUTLET OŚWIETLENIOWY INTERNET STORE
The seller and the owner of the Internet Store is Italux sp. z o. o. sp. Kom., with the registered office in Warsaw (04-697), address: ul. Mrówcza 208, entered into the register of entrepreneurs of the National Court Register [KRS] maintained by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division, under number KRS 0000351037, Taxpayer Identification Number NIP: 9522085112, National Business Registry Number REGON: 14233643100000.
Contact with the Seller and way of communicating with the Client:
- via phone; phone number: + 48 602 477 100 (on Business Days from 9.00 p.m. to 4.00 p.m.);
- via e-mail; e-mail address: firstname.lastname@example.org (on Business Days from 9.00 a.m. to 4.00 p.m.);
- via mail; address for service: ul. Mrówcza 208, 04-697 Warsaw.
§ 1. DEFINITIONS
Account – a service provided by electronic means; a modifiable element of the Internet Store dedicated to the Customer, created upon completion of the Registration procedure by the Customer;
Business Days – days of the week from Monday to Friday (except for bank holidays);
Cart – a service provided by electronic means; a form constituting an integral part of the Store shopping system, in which the Customer confirms the object and terms and conditions of the Order, i.e. type and quantity of Products, data for delivery or issuing an invoice, mode of payment;
Consumer – a natural person performing a legal transaction, which is not directly related to the business or professional activity of such person, with an entrepreneur;
Customer – an entity with full capacity to perform acts in law, who places an Order in the Internet Store in compliance with the terms and conditions as prescribed in these Terms of Service, and for the benefit of whom the services are rendered by electronic means;
Internet Store (Store) – a website available at the address www.outletoswietleniowy.pl, with which the Customer may in particular place an Order for available Products;
Order – a declaration of will of the Customer which directly results in conclusion of the Sale Agreement, stating relevant conditions of the Agreement, placed with the use of the Cart.
Order Processing Time – time, in which the order is picked and then released to a carrier in order to deliver the Product to the address indicated by the Customer; the Order Processing Time shall not include delivery time (the time between releasing the Product by the Seller to the carrier and delivering it to the Customer);
Outlet – a traditional sale venue operated by the Seller and located in Warsaw at ul. Lucerny 25, opened on Friday at: 10.00 a.m. – 6.00 p.m. and on Saturday at 9.00 a.m. – 2.00 p.m.;
Product – a product presented in the Internet Store, which may constitute the object of the Sale Agreement; relevant properties of each Product shall be available on relevant subpage of the Store assigned to it; the image of the Product presented on the websites of the Internet Store shall be a visualization of its factual appearance and shall be of information nature only;
Registration – a service provided by electronic means; procedure completed by the Customer in the way as prescribed in the Terms of Service in order to create the Account and possibly to place an Order and make use of certain functions of the Internet Store;
Sale Agreement – a sale agreement of the Product within the meaning of the Act of April 23, 1964 – the Polish Civil Code, concluded between the Seller and the Customer by means of the Store’s sale system in accordance with the provisions of these Terms of Service;
Terms of Service – these terms of service of the Internet Store;
§ 2. GENERAL PROVISIONS
- These Terms of Service shall establish rules governing the use of the Internet Store, in particular the terms and conditions of creating the Account, placing and modifying an Order, making payments and other rights and obligations of the Customer and the Seller.
- The Internet Store shall be the tool for an online retail sale of the Products, in particular lighting. The Internet Store shall also provide free of charge services by electronic means through rendering the functionalities of the Store, including the Customer’s Account and interactive Order form.
- If the service provided by electronic means involves an interactive form, then the Seller shall expressly mark fields to be obligatorily filled in by the Customer in order to use relevant service.
- These Terms of Service shall be rendered available free of charge prior to the conclusion of the agreement on the website of the Internet Store, as well as - upon the Customer’s request - in a way which enables the Customer to obtain, copy and record the content of the Terms of Service by means of a teleinformatic system.
- The condition for using the Internet Store shall be getting acquainted with the Terms of Service and accepting them.
- Information included in the Internet Store shall not constitute an offer within the meaning of the Act of April 23, 1964 - the Polish Civil Code, but shall constitute an invitation to conclude the Agreement.
- The Customer shall be prohibited from: providing content prohibited by the provisions of law, including content infringing personal and other rights of third persons; acting in a way infringing law or aimed at circumventing law, as well as in a way contrary to the rules of social coexistence or good practices; using the Internet Store in a way distorting its operation or tedious for the Seller or other Customers.
- The Seller shall ensure security of electronic transmission and digital content through technical and organizational tools for the purpose of securing them, in particular with regard to data, against obtaining by unauthorized persons, including through SSL encryption, access passwords or antivirus programs, and against unwanted software. At the same time, the Seller states that using the Internet and services provided by electronic means may pose a threat of malware breaking into user’s teleinformatic system and device, as well as any other unauthorized access to the Customer’s data, including personal details, by third parties. In order to minimize such threats, the Customer shall use appropriate technical security means, e.g. using antivirus programs or programs securing identification of the user in the Internet.
- The agreements shall be concluded in accordance with the Polish law.
§ 3. REGISTRATION
- The Customer may create an individual Account for facilitating the process of placing an Order, including saving data of the ordering person, address for delivery and review of the purchase history. To this end, the Customer shall complete the Registration procedure.
- The user shall gain the status of registered Customer as a result of completing requisite registration actions in the Internet Store according to the interactive form (in particular providing his/her true data), following messages displayed in the form in the course of completing it, and then activating button “Register”.
- The Customer may also create the Account in the course of the procedure of placing an Order through activating button “Create Your Account”.
- Upon confirming completion of the Registration sent to his/her e-mail address, the agreement for provision of service of operating the Account by electronic means shall be concluded with the Seller for an unlimited period of time. The Customer may terminate the agreement for operating the Account at any time, by means of sending relevant declaration to the Seller. The Account along with the stored data shall be immediately removed.
- In the course of the Registration the Customer shall set a password, which shall enable him/her to access the Account. The Customer shall be obliged to protect the password and may not reveal it to third persons. The Account shall be non-transferable.
§ 4. ORDER
- Orders may be placed by electronic means through the Store’s sale system, 24 h a day, 7 days a week, 365 days a year, on the provision that they are processed on Business Days from 9.00 a.m. to 4.00 p.m.
- Orders may be placed by the Customers who:
- have the status of registered user of the Internet Store;
- do not have the status of registered user of the Internet Store.
- The Customer without a registered Account shall place an Order avoiding the Registration or log-in procedure.
- The Customer shall prepare an Order through virtual adding relevant Products to the Cart. Effective adding shall result in the change of the number of Products in the Order list, which may be modified in any way, in the Cart tab. Upon confirmation of the choice of the Products, the Customer shall indicate in the Order form: his/her data and address for delivery, the way and price of delivery and payment mode for the Order. Having completed the Order, the Customer shall confirm it and send it to the Seller through activating button “Order with obligatory payment”.
- If the Customer has a discount coupon, he/she should enter the symbol of the coupon prior to placing an Order in the field provided for that purpose in the Order form. Entering the symbol of the coupon shall cause automatic re-calculation of the Order value. Details of the promotion shall be provided in separate specific terms of service.
- Each time, prior to sending the Order to the Seller, the Customer shall be provided with the summary of the Order for the purpose of its confirmation, i.e. main features of the consideration and total price of the Order.
- In the course of placing the Order until activating button “Order with obligatory payment” it shall be possible for the Customer to identify and correct errors in the Order and to modify it through the sale system of the Internet Store. The Customer may also correct data in the settings of his/her Account.
- After that the Customer may change the Order, in particular correct errors in the entered data, until sending the Product through direct and immediate (via phone) contact with the Seller.
- Information presented in the Internet Store shall constitute an invitation for the Customers to place offers. Placing an Order by the Customer shall be tantamount to making a declaration of will concerning conclusion of the Sale Agreement with regard to the Product. Conclusion of the Sale Agreement shall proceed upon sending the confirmation of accepting the Order for execution by the Seller to the e-mail address indicated in the Order.
- The Order shall be effective if the Customer fills in the Order form correctly and provides correct contact data, including correct address for which the Product is to be sent. The Seller shall contact the Customer if such data are incomplete. If it not possible to contact the Customer at least twice, then it shall be assumed that the consideration is impossible and the Seller may cancel the Order.
- Recording, securing and disclosing the content of the concluded Agreement shall proceed through the Store’s sale system (the content shall be available at any time on the Account of the Customer). The Customer who placed an Order shall receive a digital document confirming conclusion of the Agreement.
- The time for processing the order of a Product shall be ... (...) Business Days. Process of an Order shall be initiated upon: in the case of cash on delivery – upon placing the Order; in the case of bank transfer – upon crediting the payment by the Seller; in other cases – upon confirmation received from a payment provider by the Seller.
- After the Order Processing Time mentioned above, the Product shall be released to a carrier.
§ 5. PRICES AND PAYMENT LIMITATIONS
- The prices provided on the websites of the Internet Store shall be gross prices (including any customs duties and taxes, in this VAT) and shall be expressed in PLN and shall not include postage costs. Total amount of the Order shall be calculated according to the choices made by the Customer in the Order form, in compliance with the rates indicated there.
- The final binding amount shall be indicated in the Order summary upon sending it to the Seller.
- The Customer may choose one of the following modes of payment (modes of payment shall be limited to):
- wire transfer to the Seller’s bank account;
- electronic payment through external payment system PayU SA, with its registered office in Poznań, 60-166 Poznań, at ul. Grunwaldzka 182, entered in the register of entrepreneurs maintained by the District Court in Poznań - Nowe miasto i Wilda, 8th Commercial Division of the National Court Register under number KRS: 0000274399, Taxpayer Identification Number NIP: 779-23-08-495.
- If within 3 (five) days from the date of sending the Order the Customer fails to make the payment, then the Order shall be cancelled.
- For each sold Product a bill of sale in the form of fiscal receipt or VAT invoice shall be issued upon request of the Customer. The sale document shall constitute the confirmation of relevant elements of the order placed.
- The prices provided in the Internet Shop may be changed (e.g. within the frames of special offer or sales of Products). Terms and conditions pertaining to the Order may not be changed with regard to the Customer who placed an offer in the way as prescribed in § 4 of the Terms of Service prior to changing the price.
§ 6. DELIVERY
- The Shop shall process Orders within the territory of the European Union.
- Deliveries shall be made in the way selected by the Customer, provided that delivery of the Product is limited to the forms as specified by the Seller in the Order form and in the “Delivery” tab.
- The cost of delivery of the Product shall be borne by the Customer. Such costs shall be calculated on the basis of prices of delivery as indicated in the Order form and delivery option selected by the Customer in the Order form. Upon making the said choices by the Customer, the delivery cost shall be added to the Order amount in the summary. The costs of delivery shall be expressed in PLN and shall include the goods and services tax (VAT).
- If the Customer selected “Personal Collection” option in the Order form, then delivery to the Outlet shall be free of charge.
- In each case, the condition for sending the Product shall be payment of the Order amount.
- The Product shall be sent to the address indicated in the Order form. The Seller shall contact the Customer immediately if it is impossible to deliver the Order effectively due to an incorrectly filled in form.
- Time for delivering the Order within the territory of the Republic of Poland shall be maximum … (…) Business Days, counted from the date of picking and sending the Order by the Seller.
- If prior to delivery of the dispatch it turns out that it has incurred any shortage or damage, then the carrier shall be obliged to establish the condition of the dispatch and the circumstances of the damage in a report. The carrier should carry out the said actions also upon request of the Customer, if he/she claims that the dispatch is broken. The risk of incidental loss or damage of or to the Product shall be transferred to the Customer upon delivering the Product to him/her.
§ 7. WITHDRAWAL FROM AGREEMENT
- A Consumer, who has concluded a remote agreement, may withdraw from such agreement without providing reasons, by filing relevant declaration in writing within 14 (fourteen) days from the date on which the object was taken in the possession by the Consumer or a third person indicated by him/her. If the Consumer files the declaration on withdrawing from the agreement before the Seller accepts his/her offer, then the offer shall cease to be effective.
- In order to comply with this term, it shall suffice to send relevant declaration prior to the lapse of such term. The Customer may use the template of the declaration on withdrawal from the agreement, which shall be an annex to these Terms of Service and shall be sent to the Customer to his/her e-mail address. It shall not be obligatory for the Customer to use this template.
- In the case of withdrawing from the Agreement, the Seller shall return to the Consumer any payments received, including costs of delivery of the objects (with the exclusion of additional costs resulting from the mode of delivery selected by the Consumer other than the cheapest, ordinary delivery mode offered by the Seller), immediately, and in each case not later than 14 (fourteen) days from the date on which the Seller was notified on the decision on exercising the right to withdraw from this Agreement.
- The Consumer shall be obliged to return the Product to the Seller immediately, but not later than 14 (fourteen) days from the date of withdrawal. In order to comply with the term, it shall suffice to send the Product back prior to the lapse of such term.
- The Consumer shall be held liable for reducing the value of the Product resulting from using it in a way beyond necessary for determining the nature, features and operation of the Product.
- The Consumer shall not have a right to withdraw from agreements as specified in Article 38 of the Act of May 30, 2014 on the rights of consumers, among others, agreements for providing services, if the entrepreneur performed the full service upon express consent of the Consumer, who was notified prior to commencing the performance that upon completion of the performance by the entrepreneur he/she shall lose the right to withdraw from the agreement, in which the object of the performance is a non-prefabricated object manufactured according to the specification of the consumer or which is to satisfy its individualized needs, in which the object of the performance is an item liable to deteriorate rapidly or having a short expiry date, in which the object of the performance are items which, upon delivery, due to their nature, are inseparably connected with other items; agreements for providing digital content, which is not recorded on a physical data carrier if the provision of services has commenced upon express consent of the consumer prior to the lapse of the term prescribed for withdrawing from the agreement and upon notifying him/her by the entrepreneur on the loss of right to withdraw from the agreement.
- Direct costs of sending the Product back to the Seller in the case of withdrawal from the remote agreement shall be borne by the Consumer.
- The right to withdraw from the Remote Agreement shall not be granted to the Customers not being Consumers.
§ 8. COMPLAINTS
- The Seller is obliged to deliver the Product free from defects to the Customer. The Seller shall be liable against the Consumer if the Product has a physical or legal defect (warranty). The Consumer shall have the right to warranty in the form of removal of the defect, replacement of the object with one free from defects, reduction of price or withdrawal from the Agreement.
- Complaint shall be available to the Consumers only. The Parties, the Customer not being a Consumer and the Seller shall exclude the warranty for defects against each other.
- Complaints shall be sent to the postal or e-mail address indicated in the Contact section. In order to facilitate the complaint procedure, the Product complained should be delivered along with the proof of purchase and complaint report.
- The Seller shall consider the claim of the Consumer within 14 (fourteen) days.
- Depending on the way of filing the complaint by the Customer, the Seller shall notify the Customer on consideration of the complaint and its result in a letter sent to the address indicated in the complaint or via e-mail.
- The complaint procedure shall refer accordingly to the services provided by electronic means by the Seller.
- The Customer being a Consumer, who seeks assistance with the complaint, may refer to municipal or district consumer ombudsman.
- Personal data provided by the Customer shall be processed by the Seller, who is the Personal Data Controller (ADO) within the meaning of the Data Protection Act of August 29, 1997 (Journal of Laws of 1997 No. 133 item 883, as amended).
- The purposes and scope of the processed personal data shall be limited by the scope of consents and provided data, in particular sent by means of relevant forms. Processing the personal data of the Customers shall pertain to e-mail address, residential address, first and last name, phone number, computer IP address.
- Personal data shall be processed for the following purposes:
- realization of legal provisions,
- creation of the Account, process of the Order, including provision of services by electronic means, examination of filed complaints and other actions as specified in these Terms of Service,
- promotional and commercial actions of the Seller.
- Processing the personal data of the Customer for marketing purposes shall require his/her separate consent.
- Providing the personal data and giving the consent to their process shall be voluntary, but the lack of consent to process personal data marked as obligatory shall prevent performance of the services and agreements by the Seller (subject to clause 4).
- Such consents may be cancelled at any time by sending relevant request at the e-mail address or the address of the registered office of the Seller stated herein.
- The legal basis for processing the personal data in the case referred to in clause 3 letter a, shall be the statutory authorization to process data essential to act in accordance with the law, whereas in the case referred to in clause 3 letters b and c, it shall be an authorization under an agreement to process personal data if it proves to be essential to achieve the goals justified by the law and performed by the data controller or the recipients of the data, and the consent of the Customer.
- Data shall be disclosed only for the purpose of processing the Order and performing the agreements for provision of services by electronic means (to a carrier or a company providing accounting services for the Seller). Personal data collected by the Seller may also be disclosed to:
- competent state bodies upon their request on the basis of relevant provisions of law,
- other persons and entities – in the cases prescribed in the provisions of law.
- Disclosing the personal data to unauthorized entities under the Terms of Service may take place only upon prior consent of the Customer to whom such data pertain.
- Customers shall have the right to control processing the data which pertains to him/her and are included in databases, in particular the right to:
- access his/her personal data, complement and correct them by filing such request with the Seller,
- request temporary or permanent suspension of their processing or their removal if they are incomplete, invalid, inaccurate or if they have been collected in violation of the law or they have become unnecessary to realize the purpose, for which they have been collected,
- object processing his/her personal data – in the cases prescribed in the legal provisions – and the right to request their removal if they become unnecessary to realize the purpose, for which they have been collected.
- The provided personal data shall be stored and secured in accordance with the rules prescribed in the applicable legal provisions: the Personal Data Protection Act of June 29, 1997 (Journal of Laws of 2002 No. 101, item 926, as amended), the Act of July 18, 2002 on provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended), the Ordinance of the Minister of Interior and Administration of April 29, 2004 on the documentation of personal data processing, and technological and organizational conditions which shall be met by devices and IT systems used for personal data processing (Journal of Laws No. 100, item 1024).
- The Seller shall apply technological and organizational means in order to secure processing the personal data appropriate to the threats and category of data to be secured, in particular, the Seller shall secure data against publishing to unauthorized persons, taking over by an unauthorized person, processing in violation of the law and change, loss, damage or destruction.
- If the Seller was advised that the Customer uses the service provided by electronic means in a way violating the Terms of Service or applicable provisions of law (unauthorized use), then the Seller may process the personal data of the Customer in the scope required for establishing liability of the Customer.
- The website may store http enquiries, therefore the files containing web server logs may store certain data, including the IP address of the computer sending the enquiry, the name of Customer’s station - identification through http protocol, if possible, date and system time of registration in the service and receipt of the enquiry, number of bytes sent by the server, the URL address of the site visited by the user before if the Customer has entered the Internet Service through a link, information concerning user’s browser, information concerning errors occurred by realization of the http transaction.
- Web server logs may be collected for the purposes of proper administration of the website. Only the persons authorized to administer the IT system shall have access to the data.
- Files containing web server logs may be analyzed for the purposes of preparing statistics concerning traffic on the Website and occurring errors. Summary of such details shall not identify particular Customers.
§ 10. AMENDMENT TO THE TERMS OF SERVICE
- The Seller may amend these Terms of Service due to material reasons, whether legal or technical.
- The Customers with the Account shall be notified on any amendment to these Terms of Service by an e-mail sent 14 (fourteen) days before the new wording of the Terms of Service comes into effect, and to other users – by a message, which shall be displayed on the homepage 14 (fourteen) days before they come into effect.
- In this time the Customer shall accept the Terms of Service again or refuse to accept them. In the case of refusal to accept the amended Terms of Service, the Customer may remove the Account at any time.
- The Orders placed prior to the effective date of the amendments to the Terms of Service shall be processed in accordance with the to-date content of the Terms of Service.
§ 11. FINAL PROVISIONS
- To any matters not specified in these Terms of Service, relevant provisions of the generally applicable law, in particular of the Act of April 23, 1964 – the Polish Civil Code, Act of November 17, 1964 – the Polish Code of Civil Proceedings and Act of May 30, 2014 on the Consumers’ Rights shall apply.
- Liabilities of the Customer resulting from the Agreement shall be satisfied upon payment for the Product and delivery and collection of the Product performed in accordance with the Order.
- Any materials, including graphic elements, layout of such elements, trademarks and other, available in the Internet Store shall be the object of exclusive rights, in particular they shall constitute the object of protection of the copyrights and industrial property rights. Using the materials shared in the Internet Store in any form shall require each time the consent of the Seller.
- In the case of a dispute with the Seller, the Customer may refer a motion to settle the dispute arising out of the concluded Sale Agreement to the Permanent Consumer Arbitration Court at the Commercial Inspection. The Consumer may also refer to other arbitration court for mediation or settlement (he/she may take advantage of alternative dispute resolution, ADR). To this end, a motion for mediation or motion for settling the case before an arbitration court, depending on the intent of the Consumer, shall be provided to the Seller. If the dispute pertains to a defect of the Product, then it should be noted that seeking the assistance of a consumer court at the Commercial Inspection shall be possible upon completion of the complaint procedure by the Seller. Specific information concerning access to these procedures shall be available at competent bodies, including on their websites. In other cases, the local jurisdiction of the court shall be established in accordance with the rules prescribed in the Act of November 17, 1964 – the Polish Code of Civil Proceedings (consolidated text: Journal of Laws of 2014 item 101, as amended). Any disputes arising between the Seller and the Customer not being a Consumer shall be referred to the court with the local jurisdiction over the registered office of the Seller.
These Terms of Service shall be effective as of: January 19, 2015