TERMS OF SERVICE FOR USING MEANS OF REMOTE COMMUNICATION AND RENDERING SERVICES ONLINE
These terms of service determine rules of purchases at an online store run by Seller at http://sklep.lewi-polska.pl/.
Seller is 4 ENERGY TOMIKA Tomasz Nowak seated at Skłodowskiej 8/10, 95-200 Pabianice, a sole proprietor with the VAT number 728-145-36-58, registration number REGON: , referred to as also as „Service Provider”.
One can contact Service Provider by phone at +48 42 227 02 97 or by email at firstname.lastname@example.org.
§ 1 Definitions
- Terms of service – these terms of service for rendering electronic services are the terms of service specified in Art. 8 of the Act of 18.07.2002 on providing services by electronic means (Journal of Laws 2002 No. 144 item 1204 as amended).
- Customer (Buyer) - a natural person above 13 years old as well as a legal person and an organisational entity not being a legal person, which has been granted legal capacity on the basis of special regulations, which places or aims to place an Order or uses other services of Online Store (also Consumer).
- Transaction subject - Goods mentioned and described at the website of Online Store. Seller uses best efforts that the offer presented at the website was up-to-date. However, if any of ordered Goods were not available, Seller is obliged to immediately inform Buyer about such situation by phone or by email.
- Goods - movables, the subject of Sales Agreement.
- Additional service - a service rendered by Service Provider for Customer outside Online Store in relation to the character of sold products.
- Product - Goods and Additional services presented at Online Store.
- Sales Agreement - a sales agreement on Products within the meaning of the Civil Code, concluded between Service Provider and Customer, using remote means of communication (including by phone).
- Lewi-Polska Online Store (Store, Online Store) – an online service available at http://sklep.lewi-polska.pl/ , by the means of which Customer can buy Product.
- Parties - Service Provider and Customer.
- Store website - each website or subpage available at http://sklep.lewi-polska.pl/
- Order - a declaration of will of Customer unequivocally specifying the type and amount of Products, directly aimed at concluding Sales Agreement remotely by the means of Online Store.
§ 2 General Rules.
- A condition to place Order at Online Store by Customer is being familiar with these Terms of Service and accepting their provisions during Order realisation.
- LEWI-POLSKA Online Store runs retail sales using the Internet.
- All products offered at Lewi-Polska are brand new and originally packed, free from physical and legal faults, legally introduced into Polish market.
§ 3 Placing Orders
- All prices specified at websites are gross prices in PLN (including VAT). Shipping costs are not included.
- Orders can be place at the website, by phone or by email.
- Orders at the website can be placed 24/7 whole year. Placing orders by phone or by email is possible only during hours specified at the website of Online Store.
- Order is successful is Buyer properly fills the order form and provides correct contact data, including the exact address where Goods are to be sent as well as the phone number and email address.
- In case when provided data are incomplete, Seller contacts Buyer. If the contact with Buyer is not possible, Seller is allowed to cancel Order.
- Buyer gives his consent to issue and send online to the address specified by him an electronic image of settlement documents, especially such as: VAT invoices with attachments, correction VAT invoices with amendments and forms.
This consent allows Seller also to issue and send VAT invoices in a digital form in accordance to the ordinance of the Minister of Finance of 17.12.2010 on electronic transmission of invoices, rules of their storage and presentation to the tax or fiscal audit authorities.
- When placing Order, Customer can give his consent to include his personal data in the database of Online Store of Seller for the aims of their processing in relation to Order realisation. In case of such consent, Buyer is eligible to review, edit or delete his personal data.
- Buyer has the right to select an option of remembering his data by the system in order to facilitate the process of placing further Orders. For this aim, Buyer should provide his login and password, obligatory to have an access to his account. Login is the Customer's email address. The Customer's password is not known by Seller and Customer is obliged to keep it in secret and protect it from an access of third parties.
- After a successful placing of Order, Customer receives an automatic reply from Store confirming acceptance of Order.
- The time of starting realisation of Order is the time when the payment arrives to the bank account specified in the order confirmation in case or the moment of placing an order in case of payment by card or COD options.
§ 4 Shipment cost and term
- Goods are sent to the address specified in the order for or provided by phone or email. Store immediately informs Customer when the form is completed incorrectly, what makes him unable to send Goods or delay sending.
- Goods are delivered by specialised couriers or by Polish Post. In some cases, there is the possibility of personal collection at the seat of Seller.
- The package is delivered in the term specified for each product at the service site. This is an approximate time of delivery and concerns COD options. In case of "bank transfer" or "payment by card or online transfer" options, it is necessary to add the time during which the payment is booked at the Store's bank account (usually 1-2 working days).
- The cost of delivery specified in the transport rate sheet is covered by Buyer. The cost depends on the type of transport and payment. Buyer can check the rate sheet any time clicking "transport rate sheet".
§ 5 Payment
- For which sold good we issue a personal proof of purchase (invoice).
- Payment options include: COD or bank transfer.
- In case of some types of goods, Service Provider reserves his right to limit the payment type by disabling some options at the website.
§ 6 Reception of goods
- Deliveries are realised in the area of Poland and abroad. The cost of foreign mail needs to be individually determined.
- Before collecting a parcel at the post office or from the courier, one must check if the packing was not damaged during transport. One should, especially, check the state of tapes or seals on the parcel. In case when the packing has symptoms of damages or when seals (tapes) are broken, one should not accept the parcel and to make a damage protocol at the presence of a courier and to immediately contact with Seller in order to clarify the case. A lack of stating any irregularities concerning quantitative or quality state of the parcel at collection can have a negative influence on the result of looking into claims of Customer due to damages or theft of the parcel during the transport.
§ 6 Withdrawal from a contract
- Consumer who concluded a remote agreement has the right to withdraw from such agreement without stating reasons for that by providing a proper statement in writing. However, it is limited in time and is available only within 14 days (Art. 7 par. 1 of the on the protection of certain consumer rights and on the liability for damage caused by a dangerous product (Journal of Laws no. 22 item 271 as amended)). This term is non-extendible and is valid from the day of delivering goods and in case of services - from the day of its conclusion. To keep this term, it is enough to send a statement before this date.
- The right specified in this paragraph concerns consumer sales so it concerns only sales to natural persons purchasing goods for the aims not related with professional or economical activity.
- Goods returned in such case shall be accepted only and solely when they are fully complete and the product itself and accessories are not damaged and have no signs of use indicating the use of product other than checking it.
- In case of using the right to withdraw from an agreement, the returned goods should be sent at Customer's expense to the Service Provider's seat address.
- The return parcel should include a written statement concerning the withdrawal from a contract and the number of the bank account to which Store should send the return payment.
- Immediately, not later than 14 days from the reception of goods with the statement, Store is to check the returned product. If the goods meet requirements specified in point 2 of this paragraph, the whole payment for the goods shall be returned. In case of returning the whole goods, Customer shall receive also a return of the original shipment costs.
§ 7 Procedure of claims
- Products have the warranty of a manufacturer, importer or seller, valid in the area of Poland.
- In case when the warranty is granted by Service Provider, the product should be sent to the Service Provider's address at his cost.
- The repaired product is sent back to Customer at the cost of Service Provider.
- In case of an incompability of the product with the agreement, the goods with a letter specifying the type of incompability and expectations concerning the way of realising our obligations should be sent to Service Provider at his cost (Act of 27.07.2002 on specific terms and conditions of consumer sale and amendments to the Civil Code (Journal of Laws no. 141 item 1176 as amended) and the Act of 02.07.2000 on the protection of certain consumer rights and on the liability for damage caused by a dangerous product (Journal of Laws 2000 no. 22 item 271 as amended).
- Customer loses the rights specified in the Act on specific terms and conditions of consumer sale and amendments to the Civil Code if he fails to inform Store about the fact of incompatibility of goods with the agreement within two months from stating such fact. To keep the term it is enough to send a written report before the term ends. In case of sales not being consumer sales provisions included in articles 556-576 of the Civil Code are excluded.
- The administrator of personal data provided by Customers of Online Store in relation to purchases is Service Provider.
- Personal data are used for realisation of sales agreements, thus can be relayed to entities responsible for delivery of purchased goods to Customer and, in case of instalment sale, to institutions granting a loan. Customers have the right to review and edit their personal data. Data are provided at the Customers' own accord.
§ 9 Final provisions
- To all matters not settled herein, provisions of the Act of 02.03.2000 on the protection of certain consumer rights and on the liability for damage caused by a dangerous product (Journal of Laws 2000 no. 22 item 271 as amended), the Act of 27.07.2002 on special conditions of consumer selling and on amending the Civil Code (Journal of Laws 2002 no. 141 item 1176 as amended), the act of 23.04.1964 - the Civil Code (Journal of Laws no 16 item 93 as amended).
- Any disputed resulting from these Terms of Service and related with performing agreements concluded between Store and Customer shall be settled by the court of proper jurisdiction in accordance to the regulations on material and local jurisdiction in accordance to the Act of 17.11.1964 - the Civil Proceedings Code (Journal of Laws no. 43 item 296 as amended).
- Service Provider reserves the right to introduce amendments to these Terms of Service, with the stipulation that for agreements concluded before the amendments, valid is the version of the Terms of Service which was in force at the moment when Customer was placing Order.
- Date of publishing Terms of Service: 07.01.2014.