CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
- 4. Basic definitions:
- b. Seller or Service provider: Phone Mirrors Design Limited Liability Company with its headquarters in Warsaw, ul. Lokalna 24, 04-903 Warsaw, entered into the Registry of Entrepreneurs of the National Court Registry maintained by the District Court of the City of Warsaw, XIII Commercial Division of the National Court Registry under the KRS number 0000660671, NIP 9522157461, REGON 366464411;
- c. Costumer: a physical person, legal entity and an organizational unit without legal personality, but able to acquire and exercise the rights and incur obligations to enter into a legal relationship with the Seller within the scope of the Store. A Costumer is also a Consumer, if there are no separate provisions in relation to the Consumer;
- d. Consumer: a Costumer who is a physical person who makes a legal purchase from the Seller, not directly related to his or her business or profession;
- e. Electronic Service – a service within the meaning of the Act from July 18th, 2002 on the provision of services by electronic means (OJEU.2016.1030 t.j. ze zm.), provided through electronic means by the Service Provider to the Client through a direct Service, including a Store;
- f. Store or Internet Store: Online store run by the Seller at the following web address: www.store.peemer.com;
- g. Service: internet service provided by the Seller at www.peemer.com;
- h. Account – Electronic Service marked with an individual’s name (login) and password provided by the Costumer, a collection of resources in the Service Provider’s informatics system in which there are information provided by the Costumer, including information about the activities collected for the purpose of the Store;
- i. Good or Product – goods sold in the Store, as offered by the Seller;
- j. Contract – a distance agreement concerning the purchase of the Goods created as a result of the Costumer’s placing an Order in the Store and its acceptance by the Seller;
- k. Order – disposition of a purchase of Goods made by the Costumer through means of electronic communication;
- l. Order form – an electronic script created for the purpose of electronic communication enabling the processing of an Order;
- m. Newsletter – Electronic Service, electronic distribution service provided by the Provider through electronic mail such as an e-mail which enables all Costumer who use it to automatically receive from the Service Provider the cyclic content of subsequent editions of the newsletter containing information about the Service, including news or promotions in the Store.
CHAPTER 2. BASIC AND TECHNICAL INFORMATION
- 1. The seller offers the following types of services through electronic means:
- a. Online store, operated via website, through which the Costumer enters into an internet sale agreement, the parties are informed of the sale through an electronic mail generated automatically, and the execution of the contract (in particular the delivery of the Goods) takes place outside the Internet;
- b. Newsletter, consisting of sending by the Seller, to the e-mail address of the Costumer, an electronic message containing information about Services, including news and/or promotions available in the Store.
- 3. The technical condition of being able to use the Store is that the Customer has a computer or other device capable of browsing the Internet, appropriate software (including web browser), access to the Internet, as well as a current and active e-mail account.
- 4. The Costumer is forbidden to provide unlawful content.
- 5. Use of the Internet Store may involve risks typical to Internet use, such as spam, viruses, and hacker attacks. The Seller will take action to counteract and prevent these threats. The Seller points out that the public nature of the Internet and the use of electronic services may entail the risk of unauthorized acquisition or modification of Costumer’s data, that is why the Costumer should use appropriate technical measures to minimize the above mentioned threats, including antivirus software and identity protection programs for those using the Internet.
- 6. Coming into an agreement about using online services happens through the online store via the internet. The Costumer may at any point terminate the use of electronic Services by leaving the Online Store or by deleting the Costumer’s account. In this case, the electronic service agreement shall be automatically terminated without the need for additional statement by the parties.
- 7. There is no possibility to use the Store anonymously or with a nickname.
- 8. The Seller also sells its products outside the territory of the Republic of Poland.
CHAPTER 3. PERSONAL DATA
- 1. Personal data provided by the Costumer is collected by the Seller and processed in accordance with applicable law, in particular:
- a. The Seller shall use due diligence to protect the interests of the people, whom data this concerns, to insure that this data is:
- i. Processed in accordance with the law;
- ii. Collected for marked, legitimate purposes and not processed further in violation of these purposes;
- iii. Substantively correct and adequate in relation to the purposes for which they are processed,
- iv. Kept in a format that allows the identification of the people concerned, no longer than it is necessary to achieve the purpose of processing it;
- 2. The basis for processing of personal data is the consent given by the Costumers themselves, as well as the statutory authorization to process personal data, arising from the Personal Data Protection Act from August 29th, 1997 (Dz.U.2016.922 ze zm.) and the act from July 18th, 2002 on the provision of services by electronic means (Dz.U.2016.1030 ze zm.).
- 3. Costumers have the right to control the processing of data, including updating, straightening, deleting it in accordance with the rules as mentioned above.
- 4. Seller ensures that the Costumer’s personal information shall not be provided to any unauthorized entity. Costumer’s personal data may be transferred to entities entitled to receive them under the applicable law, including competent authorities.
- 5. Costumer’s personal data may be entrusted to third parties for purposes of fulfilling the contract between the Seller and the Costumer, including the use of electronic payment – hand selected by the Seller in the online Store.
CHAPTER 4. ADDITIONAL INFORMATION
§ 1 Account
- 1. Account registration on the Store’s website is free of charge and requires the following actions: the Costumer should complete the registration form by providing specific data and submitting a statement. A link to verify the account will be sent to the Costumer’s e-mail address provided during the registration process. Logging into the account consists of entering the Costumer’s e-mail address and password, determined by the Costumer. The password is confidential and should not be shared with anyone. The account allows the Costumer to modify his or her data, check orders and order history. The Costumer may at any time cancel his or hers account on the Store’s website by sending the appropriate request to the Seller through electronic means.
- 2. The account gives the Costumer access to enter or modify data, perform order checks and view order history.
- 3. The electronic service of the account is provided free of charge for an indefinite period of time.
- 4. The Costumer may at any time cancel his or her account in the Store by sending an appropriate request to the Seller through an electronic means to the following e-mail address: email@example.com or through a written format send to the headquarters at the address of the Seller (ul. Lokalna 24, 04-903 Warszawa).
§ 2. Newsletter
- 1. The Newsletter service is designed to provide the Costumer with requested information.
- 3. A link will be sent to the Costumer’s e-mail address confirming the online subscription to the Newsletter.
- 4. The Newsletter service is provided free of charge for indefinite period of time.
- 5. Costumer may unsubscribe from the Newsletter at any time by sending an appropriate request to the Seller through electronic means to the following e-mail address: firstname.lastname@example.org or through a written format send to the headquarters at the address of the Seller (ul. Lokalna 24, 04-903 Warszawa).
CHAPTER 5. SALES
§ 1. Goods
- 1. All products offered in the Store are new and have no defects.
- 2. Costumer is obligated to fill out the Form carefully, giving all accurate data and determining the method of payment and delivery.
- 3. The goods may be granted a warranty or after-sales service. Detailed information about that is available by the description of the Goods.
§ 2. Orders and their realization
- 1. An order may be submitted by completing a Form available at the Store.
- 2. Costumer is obligated to fill out the Form carefully, giving all accurate data and determining the method of payment and delivery.
- 4. Orders in the Store can be made 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays and holidays are processed the next business day.
- 5. Confirmation of the order is made by the Costumer by selecting the button (field) labeled “order with payment”. The Seller will send the Costumer an e-mail with a confirmation order.
- 6. The processing time for standard products (meaning till the order has been shipped) is 2 business days. The processing time for personalized products or special order products is determined by the client and dependent on the scope of the changes needed to be made to the product (such as engraving, ornaments, etc.)
§ 3. Payment
- 1. All prices of Goods provided in the Store are gross prices in PLN (prices include VAT). The price of the Goods does not include costs referred to in item 2 below. The price of the Goods given at the time of placing the Order is binding on both parties.
- 2. Costs related with delivery of the Goods (meaning transport, delivery, postal services) and any other costs are incurred by the Costumer. The amount of these costs may depend on the Costumer’s choice of delivery method. Information about the amount of these costs is provided at the stage of placing the Order.
- 3. The Costumer can choose the form of payment:
- a. Payment before Shipment (prepayment). After submitting the Order, the Costumer should pay/ make a wire transfer to the Store’s bank account number. The order is placed after the Costumer has posted the payment in the bank account of the Store.
- b. Payment upon receipt of the Goods (direct charge) – The Costumer pays the fee directly upon receiving Goods. Order execution takes place after acceptance of the Order. This form of payment is only acceptable for standard Products.
- 4. For each sold product, the Store issues a proof of purchase and delivers it to the Costumer.
§ 4. Delivery
- 1. Goods are sent to the address indicated by Costumer on the online Form, unless otherwise specified by the Parties.
- 2. Goods are delivered either by courier service or by postal services depending on which option the Costumer chose. Shipments made via the postal service should be delivered within 1-3 business days once the shipment is processed and 1 business day if sent by the courier service.
- 3. Together with the Goods, the Seller will send to the Costumer all elements of its equipment including operational manual and maintenance instructions.
- 4. Seller indicates that:
- a. Upon delivery of the Good to the Costumer or the Courier, the Costumer shall take all the responsibility for the Goods as well as the risk of accidental loss or damage of the Goods. When selling to the Costumer directly, the risk of accidental loss or damage of the Goods shall be burden upon the Costumer’s side once the Goods are handed over the Costumer. The delivery of the Goods is deemed complete once the Goods have been entrusted by the Seller to the Courier if the Seller had no influence in choosing the carrier by the Costumer,
- b. Acceptance of the package with the Goods by the Costumer without reservations is equivalent to the Client’s expiration of any claims to loss or damage in delivery, unless:
- i. The damage was reported prior to the receipt of the delivery package;
- iii. Loss or damage was caused by willful fault or gross negligence of the carrier;
- iv. Damage not identifiable from the outside of the package, the claimant noted after receiving the package and within 7 days made an appropriate claim to the Seller and proved that the damage occurred between the time that the package was processed for shipment and actual acceptance of the shipment.
§ 5. Additional Information for the Costumer
- 1. The contract is not concluded for a definite period and will not be automatically renewed.
- 2. The minimum duration of the Costumer’s obligations under the Agreement is the time it takes to execute such Agreement, meaning execution of the payment and receipt of the Goods.
- 3. Use of the online Store by the Costumer does not involve the obligation to deposit any money or provide other financial guarantees.
- 4. Seller does not apply the Code of Good Practice referred to in Article 2 Point 5 from the August 23rd, 2007 Act on Counteracting Unfair Market Practices (Dz.U.2016.3 ze zm.).
CHAPTER 6. RESPONSIBILITY
- 1. Warranty liability is excluded in legal relations with the Costumer.
- 2. Seller is liable to the Costumer if the Goods have a physical or legal damage (warranty) in accordance with the provision of the Civil Code (Dz.U.2016.380 ze zm.), on the following principles:
- a. The physical defect of the Goods is inconsistent with the contract. In particular, the Goods are inconsistent with the contract if:
- i. Goods do not have the properties that they should have as determined by the contract or by the circumstances or destiny;
- ii. Goods do not have the properties that the Seller guaranteed to the Costumer;
- iii. Goods are not suitable for the purpose of which the Costumer informed the Seller at the conclusion of the contract and the Seller did not raise any objections to such purpose;
- iv. Goods were issued to the consumer in an incomplete state.
- b. Goods have a legal defect, if Goods are the property of a third party or if it’s encumbered by the right of a third party and if the restriction in the use or disposal of the Goods results from a decision of a competent authority; in case of selling of the right, the Seller is responsible for the existence of such law;
- c. Seller is liable for physical defects that existed at the time of passing the risk to the Costumer or occurred due to a cause existing already in the Good at that time.
- d. Seller is relieved of liability under the warranty if the Costumer knew about the defects of the Good at the time the contract was signed;
- e. If a physical defect has been discovered within one year from the date of delivery of the Goods, it is presumed that the defect or cause thereof existed at the time the risk was passed onto the Costumer;
- f. Seller is liable under the warranty if a physical defect is discovered within two years of the delivery date of the Goods to the Costumer but if the Good purchased by the Costumer is a Good with movable properties and if a physical defect is determined the warranty is only valid for one year from the delivery date.
- g. The Costumer’s rights under the warranty are:
- i. Demanding a reduction in the price of the Goods or withdrawal from the contract, unless the Seller promptly and without undue disadvantage to the Costumer shall exchange the faulty Good for a Good free of defect or the defect shall be removed;
- ii. The Costumer may instead of the Seller’s proposed removal of the defect, demand a replacement of the Goods for a Good free of defect or instead of exchanging the Good demand defect removal, unless it is impossible to meet the Costumer’s chosen option or it would require excessive costs incurred by the Seller. In assessing excessive costs, the value of the damage Good is taken into consideration as well as the inconvenience that would otherwise be exacerbated on the Costumer if other option was chosen.
- h. A Costumer who exercises his or her warranty rights is obligated at the expense of the Seller to deliver the defected Good to the address as determined by the contract and if such place is not specified by the contract to the place where such Good was handed over to the Costumer.
CHAPTER 7. PROCEDURE FOR CONSIDERING COMPLAINTS
- 1. Complaints regarding defects of the Goods, the Costumer should address to the Seller in writing to the Seller’s headquarters at ul. Lokalna 24, Warszawa 04-903. You can also inform the Seller about sending such complaint by email at email@example.com
- 2. If it is found that the Good sent has been damaged, the Costumer should immediately (no later than within 7 days from the date the package was received) sent a complaint to the Seller. Such action will enable to pursue investigation against the delivery company.
- 3. The complaint should contain a detailed description of the defect of the Good and the request of the Costumer; possibly it can also include a photographic documentation.
- 4. The Seller agrees to consider every complaint within 14 days. If the Seller fails to respond to the Costumer’s complaint within 14 days, it shall be deemed justifiable.
- 5. If the Complaint Claim is accepted, the Seller will take every appropriate action as requested by the Costumer.
- 6. It is possible to use non-judicial means of handling claims and investigate legal claims with the Costumer, including:
- a. The ability to resolve disputes electronically via the online dispute resolution (ODR) platform available at http://ec.europa.eu/consumers/odr/;
- b. The ability to conduct arbitration proceedings before a common court or arbitration court;
- c. The possibility of mediation proceedings involving an independent mediator.
CHAPTER 8. CONTRACT WITHDRAWAL
- 1. Contract withdrawal by the Seller or the Costumer may occur in accordance with the provisions of the Civil Code (Dz.U.2016.38 ze zm.).
- 2. The Costumer has the right to withdraw from the contract within 14 days of receiving the Goods.
- 3. Information on contract withdrawal by the Costumer is contained in the notice of the right to withdraw from the contract available in the Store’s website.
- 4. The right to withdraw from the contract by the Costumer shall not be entitled in respect of certain contracts, including:
- a. for the provision of services, if the Seller has performed the full service as expressed through a full consent of the Costumer who has been informed prior to the commencement of the service that upon fulfillment of the of the contract by the Seller, he or she will lose his or her right to withdraw from the Contract;
- b. where the price or remuneration is determined by fluctuations on the financial market over which the Seller has no control and which may occur before the expiration of the deadline to exercise the right to withdraw from the contract;
- c. where the Good are not fabricated, manufactured according to the Costumer’s specifications or catered to suite individualized needs;
- d. in which the Good is subject to a quick deterioration or has a short shelf life;
- e. in which the Good is delivered in a sealed package which after the package has been opened the Good cannot be returned due to health or hygiene reasons, if the package has been opened after delivery.
- 5. The Seller shall immediately, without a delay, no longer than within 14 days of the Costumer’s declaration of withdrawal, return to the Costumer all payments made by him, including the cost of delivering the Goods. The Seller make a payment return using the same method of payment as used by the Costumer originally, unless the Costumer explicitly agrees to another way of reimbursement, which does not involve additional costs to the Costumer.
- 6. If the Costumer chooses a different delivery method than the cheapest delivery method available, then the Seller is not obligated to reimburse the Costumer for the additional costs incurred.
- 7. The seller may refrain from returning the payment until the Goods have received back to the Seller or until the Seller has been provided with a proof that such Goods are being returned, whichever comes earlier.
- 8. The Costumer shall bear only the direct costs of returning the Good to the Seller, unless the Seller agrees to bear the costs himself or fails to inform the Costumer of the necessity to bear such costs.
- 9. The Costumer is responsible for the reduction of the value of the Goods resulting from the use of such Goods in such a way that prevents it to determine the nature, characteristics and function.
- 10. In the event of effective withdrawal from the Contract, the Contract shall be deemed nulled.
CHAPTER 9. INTELECTUAL PROPERTY
- 1. The rights to the Website’s and its contents therein belong to the Seller.
- 2. The address of the website at www.store.peemer.com as well as the content of the website www.peemer.com, are the subject of copyright and are protected by the copyright and intellectual property law.
- 3. All logos, proprietary names, graphic designs, videos, texts, forms, scripts, source codes, passwords, trademarks, service marks etc. are proprietary marks and belong to the Seller, Manufacturer and Distributor of the Goods. Downloading, copying, modifying, reproducing, transmitting or distributing any content from www.peemer.co and www.store.peemer.com without the owner’s consent is prohibited.
CHAPTER 10. FINAL PROVISIONS
- 3. The most competent court to settle a dispute between the Seller and the Costumer shall be the most competent court registered at the Seller’s headquarters. The court responsible for resolving any disputes between the Seller and the Costumer shall be the court having the jurisdiction according to the general rules (domicile of the defendant’s address) or any other court more convenient for the consumer (based on the article 31-37 of the Civil Code).