Terms
TERMS AND CONDITIONS OF DEVICE.PL ONLINE STORE
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order execution
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal from the contract
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Attachment No. 1: Template withdrawal form
§ 1 DEFINITIONS
Working days - days from Monday to Friday except for public holidays in Poland.
Civil Code - the law of April 23, 1964 Civil Code.
Consumer - a consumer within the meaning of the Civil Code.
Buyer - any entity purchasing from the Store.
Privileged Buyer - Consumer or Business Privileged Buyer.
Privileged Buyer - a person who enters into a contract with the Seller that is directly related to his business activity, but which is not professional in nature for him (the definition is effective for contracts concluded as of January 1, 2021).
Regulations - these rules and regulations.
Customer Panel - the panel assigned to the Customer's account after registration and confirmation of registration by the Customer.
Store - DEVICE.PL online store operated by the Seller at www.device.pl.
Seller - Device Europe Sp. z o.o., based in Bydgoszcz, ul. Ernsta Peterson 4A, 85-862 Bydgoszcz, Poland, entered in the register of entrepreneurs kept by the District Court in Bydgoszcz, XII Economic Department of the National Court Register - under the KRS number 0000161511, with the share capital of PLN 1,073,600, paid in full, NIP 5541728307, REGON 091406197, BDO number 000004374, phone +48 52 370 68 60.
Law on Consumer Rights - Law of May 30, 2014 on consumer rights.
§ 2 CONTACTING THE SELLER
1. Postal address: ul. Ernsta Peterson 4A, 85-862 Bydgoszcz, Poland
2. E-mail address: sklep@device.pl
3. Phone: +48 52 370 68 60
4. Address for returning the goods (in case of withdrawal from the contract): ul. Ernsta Peterson 4A, 85-862 Bydgoszcz, Poland
5. Address for sending the advertised goods: ul. Ernsta Peterson 4A, 85-862 Bydgoszcz, Poland
§ 3 TECHNICAL REQUIREMENTS
1. For the proper functioning of the Store you need:
a. device with Internet access;
b. a web browser that supports JavaScript and cookies.
2. For placing an order in the Store, in addition to the requirements specified in paragraph 1, an active email account and a phone number are necessary.
§ 4 SHOPPING IN THE STORE
1. Prices of products shown in the Store are the total prices for the product. All prices of goods displayed on the Store's website are gross prices and are given in Polish zlotys and include applicable value added tax.
2. The Seller points out that the total price of an order consists of the indicated in the Store: the price for the product and, if applicable, the delivery costs of the goods.
3. The product selected for purchase should be added to the shopping cart in the Store.
4. The Buyer then selects the method of delivery of goods and the method of payment for the order from among the options available in the Store, and provides the data necessary to complete the order placed.
5. The order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.
6. Placing an order is the same as concluding a contract between the Buyer and the Seller.
§ 5 PAYMENTS
1. The order placed can be paid for, depending on the Buyer's choice using various payment methods. However, the actual availability of payment methods at the time the order is placed may vary and the Buyer will be informed of the specific payment methods offered before placing the order.
2. If the Buyer chooses to pay in advance, the order must be paid for within 4 Business Days of placing the order.
3. The seller informs that in the case of payment methods in which the field for entering the data necessary to complete the payment appears immediately after the order is placed, payment of the order is possible only immediately after the order is placed.
4. By purchasing from the Store, the Buyer accepts the use of electronic invoices and e-invoices by the Seller. The Buyer has the right to withdraw his acceptance.
§ 6 ORDER EXECUTION
1. The order completion date is indicated in the Store and is valid for the territory of Poland. For other countries of the European Union the order delivery date may differ.
2. If the Buyer has chosen to pay in advance for the order, the Seller will proceed to process the order after payment.
3. In a situation where the Buyer has purchased products with different lead times within one order, the order will be fulfilled within the time limit applicable to the product with the longest lead time.
4. States on the territory of which the delivery is made:
a. Poland;
b. European Union.
5. Products purchased from the Store are delivered - depending on which delivery method the Buyer has chosen:
a. via courier firm;
b. via the parcel machine.
6. The customer can make changes to the order until it is completed (that is, until it is submitted for shipment). The customer may withdraw the placed order in its entirety until it is dispatched.
7. Making the above changes is possible through the Customer Panel or the Customer's contact with the Store via e-mail at sklep@device.pl, by phone at +48 52 370 68 60.
8. Modifications to orders relating to changes of: the Customer's address, delivery address and those containing orders for refund of overpayment must be confirmed by the Customer Panel or in writing by sending via e-mail to sklep@device.pl or by fax to +48 52 370 68 60 (costs according to the operator's tariff).
§ 7 RIGHT OF WITHDRAWAL
1. Based on the applicable regulations, the Consumer has the right to withdraw from the contract within 14 days without giving any reason. At the DEVICE.PL Store, the Consumer and the Privileged Buyer have the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of the Regulations, within 30 days without giving any reason.
2. The deadline for withdrawal from the contract expires after 30 days from the date:
a. in which the Privileged Buyer took possession of the goods or in which a third party other than the carrier and designated by the Privileged Buyer took possession of the goods;
b. in which the Privileged Buyer took possession of the last good, lot or part, or in which a third party, other than the carrier and designated by the Privileged Buyer, took possession of the last good, lot or part, in the case of a contract requiring the transfer of ownership of multiple goods that are delivered separately, in lots or in parts.
3. In order for a Privileged Buyer to exercise his right of withdrawal, he must inform the Seller, using the data provided in § 2 of the Regulations, of his decision to withdraw from the contract by an unequivocal statement (for example, through the Customer Panel or a letter sent by mail, or by e-mail).
4. A Privileged Buyer may use the template withdrawal form located at the end of the this Terms and Conditions, but it is not mandatory.
5. In order to comply with the deadline for withdrawal it is sufficient for the Privileged Buyer to send information to the Seller regarding the exercise of his right of withdrawal before the expiry of the deadline for withdrawal to the data indicated in § 2 of the Regulations.
6. In the event of withdrawal from the concluded contract, the Seller shall return to the Privileged Buyer all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the Privileged Buyer's choice of delivery method other than the cheapest ordinary delivery method offered by the Seller), immediately and in any case no later than 14 days from the day on which the Seller was informed of the decision of the privileged Buyer to exercise his right to withdraw from the contract.
7. The Seller will refund the payment using the same means of payment that were used by the Privileged Buyer in the original transaction, unless the Privileged Buyer agrees otherwise, in any case the Privileged Buyer will not incur any fees in connection with this refund.
8. Once the Privileged Buyer has declared its intention to return, the Privileged Buyer can generate a return label in the Customer Panel. It is also possible that the Seller will generate a return label for the Privileged Buyer for use by a carrier designated by the Seller.
9. If the Seller has not offered to collect the goods from the Privileged Buyer himself, the Seller may withhold payment until he receives the goods or until he is provided with proof of their return, whichever event occurs first.
10.The Seller asks to return the goods to the address: ul. Ernsta Peterson 4A, 85-862 Bydgoszcz, Poland immediately, and in any case no later than 14 days from the day on which the Privileged Buyer informed the Seller about withdrawal from the sales contract. The deadline is met if the Privileged Buyer sends back the goods before the expiration of the 14-day period.
11. The Privileged Buyer shall be liable only for the diminution in value of the goods resulting from the use of the goods other than what was necessary to ascertain the nature, characteristics and functioning of the goods.
If the goods, due to their nature, cannot be returned by ordinary mail, the Privileged Buyer will also have to bear the direct costs of returning the goods. The Privileged Buyer will be informed of the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing an order.
§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal from a contract concluded at a distance, referred to in § 7 of the Regulations, does not apply to the contract:
a. in which the object of performance is goods produced according to the buyer's specifications or serving to meet his individualized needs;
b. in which the object of performance is goods, which after delivery, due to their nature, become inseparable from other things;
c. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery.
§ 9 COMPLAINTS
I GENERAL PROVISIONS
1. Any complaints related to the purchased products shall be handled in accordance with the laws applicable to the European Union member state in which the Consumer resides. The Consumer shall have the right to exercise his statutory rights under the consumer laws of his country.
2. The Seller requests that complaints be submitted through the Customer Panel in the Store or to the postal or electronic address indicated in § 2 of the Terms and Conditions.
3. If the product has a warranty, information about it, as well as its conditions, is available in the Store.
4. Complaints about the operation of the Store should be addressed to the e-mail address indicated in § 2 of the Regulations.
5. The seller will respond to the complaint within 14 days of receipt.
II CONSUMER
A. Goods
1. In case of non-conformity with the contract, you can exercise your rights under the Consumer Rights Act.
2. The Seller shall be liable for the lack of conformity of the goods with the contract, existing at the time of delivery and disclosed within two years from that time, unless the shelf life of the goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
3. Under the provisions of the Law on Consumer Rights, the Consumer may in any case demand:
a. exchange of goods,
b. repairs to goods.
4. In addition, the Consumer may make a statement about:
a. price reduction,
b. withdrawal
in a situation where:
i. The seller refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Law;
ii. The seller failed to bring the goods into conformity with the contract in accordance with Article 43d (4-6) of the Law on Consumer Rights;
iii. the lack of conformity of the goods with the contract continues, despite the fact that the Seller tried to bring the goods into conformity with the contract;
iv. 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 taking advantage of the protections set forth in Article 43d of the Consumer Rights Act;
v. it is clear from the Seller'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 Buyer.
5. In the case of goods subject to repair or replacement, the Consumer should make the goods available to the Seller.
6. The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial.
7. The Seller shall return to the Consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Buyer's statement on price reduction.
B. Out-of-court ways of dealing with complaints and redress of grievances
1. If the complaint procedure fails to produce the result expected by the Consumer, the Consumer may use, among other things:
a. mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. A list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
b. assistance of the locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php;
c. free assistance from the city or county consumer ombudsman;
d. ODR's online platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.
III BUYERS OTHER THAN CONSUMERS
1. The Seller disclaims liability under the warranty for defects with respect to Buyers who are not Consumers.
§ 10 PERSONAL DATA
1. The administrator of the personal data provided by the Buyer while using the Store is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as recipients of the data - can be found in the Privacy Policy available at the Store - due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection - "RODO".
2. The purpose of the processing of Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is the execution of orders. The basis for processing personal data in this case is:
a. contract or actions taken at the request of the Buyer aimed at its conclusion (Article 6(1)(b) RODO),
b. Vendor's legal obligation related to accounting (Article 6(1)(c) RODO) and Vendor's legitimate interest in processing data to establish, assert or defend potential claims (Article 6(1)(f) RODO).
3. Provision of data by the Buyer is voluntary, but at the same time necessary to conclude a contract. Failure to provide data will make it impossible to conclude a contract in the Store.
4. Buyer's data provided in connection with purchases in the Store will be processed until:
a. the contract concluded between the Buyer and the Seller will cease to be in force;
b. the Seller will cease to be under a legal obligation, obliging him to process the Buyer's data;
c. the possibility of asserting claims by the Buyer or Seller, related to the contract concluded by the Store will cease;
d. the Buyer's objection to the processing of his personal data is accepted - in case the basis of data processing was the legitimate interest of the Seller;
- depending on what is applicable in the case and what will happen at the latest.
5. The buyer is entitled to demand:
a. Access to their personal data,
b. their rectification,
c. removals,
d. processing restrictions,
e. Transfer of data to another controller and also the right:
f. object at any time to the processing of data for reasons related to the Buyer's particular situation - to the processing of personal data concerning him/her, based on Article 6(1)(f) of the RODO (i.e. on legitimate interests pursued by the Seller).
6. In order to exercise their rights, the Buyer should contact the Seller using the e-mail address rodo@device.pl .
7. If the Buyer believes that his data is being processed unlawfully, the Buyer may file a complaint with the President of the Personal Data Protection Authority.
§ 11 RESERVATIONS
1. It is prohibited for the Buyer to provide unlawful content.
2. Each time an order is placed in the Store, it constitutes a separate contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the time and purpose of fulfilling the order.
3. Contracts concluded on the basis of the Regulations are concluded in the Polish language.
4. In case of a possible dispute with the Buyer, the competent court will be the court having jurisdiction over the registered office of the Seller.
5. Pursuant to the Act of July 29, 2005 on Waste Electrical and Electronic Equipment (Journal of Laws No. 180, item 1495, as amended), a customer buying electrical or electronic equipment has the right to return old (used) equipment of the same type, and in an amount not greater than the electrical or electronic equipment sold, to the store where he bought the new product. Customers wishing to take advantage of this opportunity are asked to send back used equipment at their own expense to the following address: Device Europe Sp. z o. o, ul. Ernsta Peterson 4A, 85-862 Bydgoszcz, Poland. At the same time, please write legibly on the package the annotation "FOR UTILIZATION". The store does not accept shipments sent back cash on delivery.
6. These Terms And Conditions have been drawn up in Polish and English. In the event of any discrepancies in interpretation, the Polish version shall prevail.
Appendix 1 to the Terms and Conditions
Below is a sample withdrawal form, which the Consumer or Entrepreneur may or may not use:
TEMPLATE WITHDRAWAL FORM
(This form must be completed and returned only if you wish to withdraw from the contract)
DEVICE EUROPE Spółka z ograniczoną odpowiedzialnością
Address: ul. Ernsta Petersona 4A, 85-862 Bydgoszcz, e-mail address: sklep@device.pl
- I/We(*) hereby inform(*) about my/our
Withdraw from the contract for the sale of the following goods(*) / for the provision of the following service(*):
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- Date of contract /receipt(*)(*)
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- Name of the Consumer(s)/Entrepreneur(s):
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- Address of the Consumer(s)/Entrepreneur(s):
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Signature of the Consumer(s)/Entrepreneur(s).
(only if the form is sent in hard copy)
Date ............................................
(*) Delete as necessary.