1.Who we are and how to find us?
The joint controllers of your personal data are:
1. SOBE TRADE spółka z ograniczoną odpowiedzialnością with its registered office in Łódź, entered in the Register of Entrepreneurs kept by the District Court for Łódź-Centre in Łódź, 20th Commercial Division of the National Court Register, KRS no.: 0000777668, REGON no.: 382880870 and NIP no.: 7272836029, with the share capital of PLN 20,000.00,
2. Luxobeslux Sarl with its registered office in Luxembourg (address: 8 Rue de Beggen, L-1220 Luxembourg), VAT EU LU28279037.
The aforesaid companies have entered into an agreement for the joint controlling of personal data, which means that:
- when one of the companies obtains your personal data, the other company will also have access to it,
- both companies decide jointly how and why they process your personal data,
- you can contact any of the companies to obtain information or exercise any of your other rights under the GDPR. We have established a common point of contact for this purpose - i.e. email at: GDPR@besolux.com and telephone number: (+48) 662 151 499.
2. How and why we process your personal data?
ONLINE STORE CUSTOMERS
If you are a customer of our online store, we process your personal data for the purpose of contract performance and for the purposes of accounting, tax, and consumer law-obligations (e.g. for the purposes of complaint handling).
The legal basis for the processing of your personal data is therefore Article 6(1)(b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter: GDPR), (processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract) and Article 6(1)(c) of the GDPR (processing is necessary for compliance with a legal obligation to which the controller is subject).
RECIPIENTS OF PURCHASED PRODUCTS
If you are a person indicated as the recipient of products purchased by customers of our online store (sometimes a customer indicates a family member, neighbour, receptionist, employee, etc. as the person who will collect the products ordered by the customer), the processing of your personal data is based on the legal premise of Article 6(1)(f) of the GDPR, i.e. the premise of the legitimate interest of the controller (processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party).
The legitimate interest in this case is our intention to perform a contract with a customer who has indicated you as the recipient of purchased products. We assume in good faith that the customer has agreed this with you before providing us with your data, or that collecting shipments is part of your job duties. We therefore assume that in processing your data in the manner described here, we are not doing so for purposes other than those for which it was obtained from you by our customer.
If you contact us, you provide us with your personal data, including the data contained in your communication, in particular: your first name and surname and your e-mail address or telephone number. Providing this data is voluntary, but necessary to contact us.
The legal basis for processing your personal data that you provide when contacting us is Article 6(1)(f) of the GDPR (processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party). The legitimate interest in this case is to contact customers of our online store and to answer queries posed by persons interested in our services and the operation of our store.
If you are a subscriber to our newsletter, we process your personal data in order to send you the newsletter, with your consent. The newsletter may include paid promotions, commercial offers, industry information and advertising.
Therefore, the legal basis for processing your personal data in this case is Article 6(1)(a) of the GDPR (the data subject has given consent to the processing of his or her personal data for one or more specific purposes).
You can withdraw your consent at any time (which does not affect the legality of the processing carried out on the basis of your consent before withdrawing it) by unchecking the appropriate box in your account settings.
We process the data of each user of our site that characterises the manner in which they use our site (this is known as operating data). This processing includes the automatic reading of the unique identifier of the telecommunications network termination point or ICT system you are using (i.e. your IP address), as well as the date and time of the server, information about the technical parameters of the software and the device you are using (e.g. whether you are browsing our website using a laptop or a phone), and the location from which you connect to our server. We may use this information for market research purposes and to improve the operation of the website. The data recorded in the server logs are not associated with specific users of the site. The server logs constitute only auxiliary data used for administration of the website.
The legal basis for the processing of operating data is Article 6(1)(f) of the GDPR (processing is necessary for the purposes of the legitimate interests pursued by the controller). The legitimate interest in this case is to enable diagnosing errors in the site and to improve its quality.
MARKETING OF CONTROLLER'S SERVICES
Upon your separate consent, we may also process your personal data for marketing purposes, including inviting you by email or telephone to take part in promotions and sending you other commercial, advertising, or marketing information, as well as inviting you to express your opinion about our store on online review sites.
The legal basis for processing your personal data for these purposes is in this case Article 6(1)(a) of the GDPR (the data subject has given consent to the processing of his or her personal data for one or more specific purposes). You can withdraw your consent at any time (which does not affect the legality of the processing carried out on the basis of your consent before withdrawing it) by unchecking the appropriate box.
In certain cases, the legal basis for the processing of your personal data for direct marketing purposes may be legitimate interests of the controller (Article 6(1)(f) of the GDPR - processing is necessary for the purposes of the legitimate interests pursued by the controller and recital 47 of the GDPR - The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest). In accordance with recital (47) of the GDPR, such a legitimate interest may exist in cases where there is a relevant and appropriate relationship between the data subject and the controller – for example where the data subject is a customer of the controller. Remember that you have the right to object at any time and free of charge to this processing, whether primary or further processing – Including profiling, insofar as it is related to direct marketing. Once you have objected to the processing of your personal data for direct marketing purposes - the controller may no longer process your data for such purposes.
HANDLING OF LEGAL CLAIMS
The content of your correspondence and information relating to the performance of the contract may be subject to archiving. You have the right to request the history of your correspondence with us and your purchase history (if archived) to be presented to you, as well as to request its deletion, unless archiving is justified by our overriding interests.
The legal basis for our processing of your personal data after the termination of your contact with us or the performance of the contract between you and us is our legitimate interest. Therefore, we may process your personal data in order to assert and defend ourselves against claims, to ensure that, in the event of a dispute with you, we are able to demonstrate the content of the contract between you and us and that we have duly performed it, on the basis of Article 6(1)(f) of the GDPR (processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child).
Cookies enable us to:
1) ensure the proper functioning of the website,
2) improve the speed and security of use of the website,
3) use analytical tools,
4) use marketing tools, including tools involving profiling within the meaning of the GDPR.
In the situation described in items 1, 2 and 3 we process the information contained in cookies on the basis of Article 6(1)(f) of the GDPR (processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party). The legitimate interest in this case is to ensure the proper functioning of the site, as well as to monitor and analyse traffic and keep site visit statistics.
In the situation described in item 4 (i.e. where we process your personal data for marketing purposes, i.e. for advertising, market research, and research of your behaviour and preferences, with the results of this research intended to improve the quality of our services), we process the information contained in cookies on the basis of Article 6(1)(a) of the GDPR (i.e. data subject’s consent).
3. What personal data do we process?
1) We may process the following categories of personal data:
- With regard to customers of our online store:
- full name,
- company name,
- phone number,
- email address,
- residence address,
- business address,
- address to which the products are to be sent,
- shopping history,
- if an invoice or VAT invoice is issued, the data required to issue it,
- data relating to the lodging and processing of a complaint.
2) With regard to the recipients of products purchased in the online store:
- full name,
- delivery address,
- phone number.
3) With regard to newsletter subscribers:
- email address,
- information on the response to the newsletter sent (e.g. if and when the newsletter e-mail was read).
4) With regard to persons contacting us:
- full name,
- email address,
- phone number,
- other personal data that may be potentially included by the sender in the body of the message and in documents attached thereto.
5) We may process the following personal data of all service users:
- IP address,
- server date and time,
- location of the terminal device used to access the site,
- technical parameters of the device and software used by the user,
- data on the content viewed on the site (how the user navigates between the subpages of the online store),
- data on the source from which the user arrived at the site,
- geographical location (country only),
- preferred language (device interface language),
- mouse actions (movements, locations, clicks) and key clicks,
- URL code of a link and its domain,
- device screen resolution,
- online identifiers, including cookie identifiers, internet protocol addresses and device identifiers.
4. Whom do we disclose your personal data to?
The personal data of the users of our online store are processed in an IT system, some of which is located in the so-called public computing cloud provided by third parties (responsible for hosting the online store and e-mail). Due to the location of the servers of these entities, the data may be transmitted, stored, and processed in third countries. However, these third parties guarantee an adequate level of data protection.
You also need to be aware that in our business, we use the support of specialist third parties who may or must have access to some of your data – such third parties include:
- carriers / forwarders / courier agencies - in the case of a customer who uses in the online store the method of product delivery by post or courier services, the Controller makes the collected personal data of the customer available to the selected carrier, forwarder or agency performing the shipment on commission of the Controller to the extent necessary to complete the delivery of the product to the customer or in order to verify the complaint lodged by the customer (e.g. if the complaint claims are related to the delivery of the product),
- manufacturers of products purchased by customers in case the delivery of the Product is made directly from the manufacturer's warehouse to the place of delivery indicated by the customer – the Controller makes available the customer's data necessary for such a delivery,
- entities processing electronic or credit card payments – if there is an option to pay by electronic means or credit card in the online store the Controller makes the collected personal data of the Customer available to a selected entity processing the above-mentioned payments in the online store on commission of the Controller, to the extent necessary to process the payment made by the Customer,
- repair services for products offered by the Controller – the Controller makes personal data available to a repair service if the customer reports defects or faults of the purchased product, in order to examine the reported complaint or to resolve it.
In the relevant agreements with these entities, we have ensured that your data entrusted to them shall be protected in accordance with the GDPR.
We are also entitled to disclose personal data of the customers of the online store, to the extent required, to state administrative bodies authorised to receive such data by virtue of law (such as tax authorities).
Some of the operations described above involve the transfer of your personal data to third countries (i.e. countries outside the European Economic Area), where the GDPR does not apply. However, this is always done on the basis of the legal instruments provided for in the GDPR, which guarantee adequate protection of your rights and freedoms.
5. For how long we will process your personal data?
When you enter into a contract with us (by purchasing products from our online store), we will process your personal data for the duration of that contract and, after its completion, for the period as required under applicable tax law or the statute of limitations for claims relating to the contract (whichever is longer).
If we have a continuing relationship with you, we will, of course, process some of your data necessary for this purpose for the entire duration of the relationship.
Furthermore, if you are entitled to any after-sales rights on the basis of the law or a contract, we will need to process your personal data for the entire period of their validity in order to provide you with assistance in this regard, should the need arise.
If you have lodged a complaint, your personal data will be stored for the period necessary for the processing of the complaint, but not longer than the period of the statute of limitations for the complaint claims, or the period until the final legal resolution of the dispute concerning the complaint claims.
Personal data provided to us by means of communication of your choice will be stored for no longer than necessary to provide you with a response, after which time the data may be stored to cover possible claims, for a period of the statute of limitations set out in the relevant legislation.
In the case of processing of your data based on your consent as a legal prerequisite, such processing may continue until you withdraw your consent.
6. How do we enable you to exercise your rights?
We endeavour to ensure that you are satisfied with your relationship with us. However, please be aware that you have a number of rights which allow you to influence the way we process your personal data and, in some cases, cause us to stop such processing. These rights are as follows:
- right of access do personal data (regulated by Article 15 of the GDPR)
Right of access by the data subject
1. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
a) the purposes of the processing;
b) the categories of personal data concerned;
c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
f) the right to lodge a complaint with a supervisory authority;
g) where the personal data are not collected from the data subject, any available information as to their source;
h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
2. Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
3. The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
4. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
- right to rectification (regulated by Article 16 of the GDPR)
Right to rectification
The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement
- right to erasure (regulated by Article 17 of the GDPR)
Right to erasure (‘right to be forgotten’)
The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
c) the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
d) the personal data have been unlawfully processed;
e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
f) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
a) for exercising the right of freedom of expression and information;
b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
c) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
e) for the establishment, exercise or defence of legal claims.
- right to restriction of processing (regulated by Article 18 of the GDPR)
Right to restriction of processing
1. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
d) the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
2. Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
3. A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.
- right to object against data processing (regulated by Article 21 of the GDPR)
Right to object
1. The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
3. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
6. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
- right to data portability (regulated by Article 20 of the GDPR)
Right to data portability
The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
a) the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and
b) the processing is carried out by automated means.
2. In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
3. The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
4. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.
To exercise any of these rights, please contact us by e-mail at the address by which we contact you, or at the following address: GDPR@besolux.com. You can also contact us for this purpose by phone on: (+48) 662 151 499.
7. Complaint to the supervisory authority
In accordance with Article 77 of the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the provisions of the GDPR.
In Poland, the supervisory authority is the President of the Personal Data Protection Office. More detailed information (including current telephone numbers and e-mail addresses) can also be found on the website of the Personal Data Protection Office at: https://uodo.gov.pl/
Should you wish to contact another supervisory authority responsible for the protection of personal data, please visit the website of the European Data Protection Board: https://edpb.europa.eu/about-edpb/about-edpb/members_pl
8. Is it necessary to provide the data to enter into a contract with us?
We collect your personal data first of all to the extent necessary for the conclusion and performance of the contract. Some of the data is also necessary for us to fulfil our legal obligations (tax regulations, accounting regulations, after-sales obligations). Unfortunately, in this case your failure to provide personal data will prevent the conclusion and performance of the contract.
When you contact us via the communication channel of your choice, the provision of the personal data you have selected is entirely voluntary, but necessary in order to respond to your request.
Likewise, you do not have to share the information contained in cookies with us. You can prevent this by deleting cookies and changing the cookie settings in your browser. However, please note that if you change your cookie settings in such a way that the use of the information contained in them is blocked, this may cause difficulties in using the site.
9. Where do we get your personal data from?
We obtain personal data of customers of our online store and persons who contact us exclusively from them.
We obtain personal data of recipients of products purchased in our online store exclusively from customers of our online store who have indicated certain persons as recipients of the purchased products.
We collect operating and cookie-related data automatically.
10. Automated processing and profiling
Data processed for advertising and marketing purposes, through dedicated tools, may be subject to profiling within the meaning of the GDPR. In such a case, profiling may be aimed at adjusting sales offers to the user's preferences (e.g. on the basis of previous purchases or previously viewed offers).
Other data of users of the site, including data of persons contacting us, are not processed by automated means or subject to profiling.
TERMS AND CONDITIONS OF ONLINE STORE
establishing the rules for the provision of services by electronic means
§1. General provisions
1. These terms and conditions (hereinafter referred to as 'Terms and Conditions') define the rules for the conclusion and performance of contracts for the provision of services by electronic means and sales contracts in the online store, as well as the rights and obligations of the parties to these contracts.
2. The online store (hereinafter: 'Store' or 'Site') is available to all persons (hereinafter: 'Users') at: www.kookohome.com
3. The Store owner (hereinafter referred to as 'Seller') is SOBE TRADE spółka z ograniczoną odpowiedzialnością with its registered office in Łódź, entered in the Register of Entrepreneurs kept by the District Court for Łódź-Centre in Łódź, 20th Commercial Division of the National Court Register, KRS no.: 0000777668, REGON no.: 382880870 and NIP no.: 7272836029, with the share capital of PLN 20,000.00.
4. Contact details of the Seller to enable Users to contact it are as follows:
1) address: ul. Łąkowa 7a/F, 90-562 Łódź, Poland,
2) phone: + 442045257863 Monday to Friday,
3) email address for complaints: firstname.lastname@example.org,
4) email address for inquiries about the Seller's products: email@example.com
5. Contracts for the provision of electronic services and sales are concluded with the Seller via the Store.
6. The object of the Seller's business is to sell the products indicated on the Site (hereinafter referred to as 'Products').
7. The Seller communicates with the Users via the website indicated in § 1(2) above, as well as by phone, post, and e-mail.
8. The store makes it possible to:
1) create a User account (hereinafter referred to as 'Account') and maintain it, i.e. make changes and modifications to data, view the status of order completion, view purchase history, use the storeroom, save the shopping basket, receive discounts and promotional coupons, and access to the order archive,
2) obtain information about the Products which can be purchased via the Store,
3) place orders – by persons using the Store (called then: 'Buyers' or 'Customers'),
4) subscribe to a newsletter (hereinafter: 'Newsletter'), which means an electronic form of the Seller's newsletter intended for all persons interested in news and promotions on the Store's offer and sent to them by the Seller with their consent via e-mail.
9. In these Terms and Conditions, the term 'Consumer' means a User who is a natural person making - with a trader - a legal action which is not directly related to that person's economic or professional activity, as well as a User who is a natural person concluding a contract directly related to their economic activity, when the content of this contract indicates that the contract is not of a professional nature for them.
10. In order to register an Account, it is necessary to accept the Terms and Conditions by checking the appropriate box in the registration form.
11. There is no charge to the User for using the Store.
12. Both the contract of sale and the contract for the provision of services by electronic means may be concluded in all versions of languages in which the Site is available. There is no minimum duration of the Consumer's obligations under the sales contract and the contract for the provision of services by electronic means. If the Consumer has no right of withdrawal (§ 5(5) of the Terms and Conditions), the duration of the Consumer's obligations under the sales contract lasts until the payment of the price to the Seller.
13. The provision of a performance unsolicited by the Consumer takes place at the Seller's risk and does not impose any obligations on the Consumer on that account. The lack of the Consumer's response to unsolicited performance shall not constitute the Consumer's consent to the conclusion of any contract.
§2. Placing orders in the Store
1. Orders of Products in the Store (hereinafter: 'Orders') may be placed by natural persons, legal persons, and organisational units without legal personality that are granted legal capacity by law.
2. The Site enables the registration of an Account, which consists in the submission by the User of a completed Account registration form available in the Store.
3. For the effective registration of the Account it is also necessary to provide all of the following:
1) providing the User's data in the form, whereas the provision of some of the data may be optional or required only at the time of placing the Order,
4. The Buyer undertakes not to disclose the password to third parties.
5. Upon creation of the Account, a contract for the provision of services by electronic means is concluded between the Seller and the User.
6. Orders in the Store can be placed via a form, after logging into the User's Account, having previously registered in the Store and accepted the provisions of the Terms and Conditions. Placing Products by the Customer in the shopping basket (i.e. the Store's functionality allowing the preview of Products already selected, but not yet purchased by the Customer when placing an Order) does not entail their purchase or reserving. The Seller has the right to refuse to sell Products if fulfilment of the whole or part of the Order would not be possible.
8. Each time, the Order placement procedure is completed by the User clicking the button: 'Order and pay' (or a button labelled with another equivalent wording indicating the completion of the purchase and the obligation to pay for the selected products), which is equivalent to the User confirming that the Order form has been completed correctly and that the data provided are true, up-to-date, complete, and correct, and that the User is aware that the execution of the Order entails the obligation to pay, including the obligation to pay the selected delivery costs.
9. In the event of an incorrectly completed Order form, no contract of sale is concluded between the Seller and the Buyer. The Buyer has the right to correct the data provided in the submitted Order by contacting the Seller by e-mail.
10. After placing an Order, an e-mail message is sent immediately to the e-mail address indicated in the form, with a confirmation of the Order placement by the User, which notifies the User whether their Order has been placed correctly.
11. In the e-mail message referred to in the paragraph above, the Seller provides the Buyer who is a Consumer with the information required under consumer rights legislation. The information will be included in the body of the e-mail message or in an attachment in *.pdf format. To view this document, it is necessary to have an appropriate software such as Adobe Acrobat Reader. Such information may also be provided by the Seller in paper form together with the delivered Product.
12. The contract of sale of the Product is concluded when the Seller informs about the commencement of the Order execution. Such a confirmation will be sent to the Buyer by e-mail. Should the Customer pay for the Products before that time, and the execution of the Order be impossible, the Seller shall immediately refund the amount paid.
13. In the case of unavailability of the Products included in the Order, the Seller will inform the Customer that the Order cannot be fulfilled. If the inability to fulfil the Order is only related to temporary unavailability of the Products, the Seller will inform the Customer about the estimated time of completion of the Order by sending an e-mail to the address provided by the Customer in the Order form.
14. The orders are executed in the order of their placement.
15. The Seller is entitled to impose a maximum number of pieces of a Product covered by one Order, as well as to impose limitations on the methods of delivery, forms of payment, or bulk orders. Any such restrictions will be each time communicated to the User before completion of the Order.
§3. Prices and payments
1. The Product prices displayed in the Store do not include delivery costs. The total cost of the Order including delivery costs will be presented to the Buyer before the final submission of the Order.
2. Payment for the Products can be made in one of the following forms:
1) transfer to the Seller's bank account indicated on the Site,
2) online payment in the instant payment system indicated on the Site.
3. The Seller may also provide additional methods of payment, which will be duly indicated on the Site.
4. Should the payment not be made within 7 (seven) working days from the date of the Order - the Order will be cancelled.
5. In the case of payment methods specified in §3(1) and (2) above, the Order will be delivered no later than within 10 (ten) working days after the whole price of the ordered Products has been credited to the Seller's bank account (the Customer will receive a sales confirmation after the whole price of the ordered Products has been credited).
6. Should the form of payment indicated in §3(2)(1) or §3(2)(2) or §3(3) above be used, the Seller shall not be liable for any additional costs or charges imposed on the User by the provider of the solutions enabling the use of a given form of payment, including a card issuer or the User’s bank.
7. The Buyer authorizes the Seller to issue invoices (or other accounting documents documenting sales in electronic form) without obtaining the Buyer's signature, and agrees to send them electronically to the e-mail address provided by the Buyer.
8. The descriptions, photos, and prices of the Products presented on the Website do not constitute an offer, but only an invitation by the Seller to enter into a sales agreement.
9. Should there be any material errors in the price of a Product on the Website (reduction of the Product price in the absence of visible information on discount, promotion, special offer, or sale justifying the reduction of the Product price), the Seller shall not be obliged to enter into the sales agreement for the Product with the Buyer. At the same time, the Seller has the right to cancel the Order to the extent concerning such a Product. The Seller shall notify the Client of this fact and, if the Client has paid for the Product, the Seller shall immediately reimburse the amount paid by the Client.
1. Delivery of the Products is limited to the area of: France, Poland, Belgium, Luxemburg, the Netherlands, Germany. If the User wishes to receive the Products at an address outside the area indicated in the preceding sentence, the Seller will ask the Customer to contact it by e-mail, telephone, or by using the contact form in the Store in order to agree on the feasibility and possible conditions of such a delivery.
2. Deliveries are made from Monday to Friday, except for public holidays.
3. The Products ordered by the Buyer are delivered via the carrier indicated on the Site, the cost of which will be indicated each time when placing an Order. For delivery of the Products to countries other than those specified in the first sentence of §4(1) above, determining the delivery costs may require individual contact between the Buyer and the Seller.
4. In the case of an Order for a larger number of Products, the shipping time for the whole Order will correspond to the Product with the longest lead time.
5. The standard lead time for the Products is presented on the Website. Due to the nature of the Products offered by the Seller, in special cases, this lead time may change (of which the Seller will inform the Buyer). However, in such a situation, the deadline for release of the Products ordered by the Buyer shall not be longer than 90 working days from the date of concluding the agreement.
6. A Buyer who is not a Consumer must verify in the presence of the carrier (courier) whether the Product has not been delivered damaged. The basis for any return is the damage report properly drawn up in the presence of the courier. The absence of the report is synonymous with the Seller's refusal to accept the return.
7. The Seller ensures delivery of Products together with bringing them to the place indicated by the Customer. As part of the delivery, the Seller does not ensure unpacking of Products, disposal of Products' packaging, or assembly of Products consisting of multiple elements.
8. Once the Buyer has placed the Order and the Seller has forwarded the ordered Products for dispatch, the Buyer cannot change the delivery address of the Order.
§5. Right of withdrawal
1. A consumer purchasing a Product from the Store has the right to withdraw from the sales contract concluded with the Seller within 14 (fourteen) days as of the date of delivery of the Product, without incurring costs other than direct costs of returning the Product. The right of withdrawal referred to in the preceding sentence may be exercised by submitting a statement in written form or by e-mail, and in order to meet the deadline indicated in the preceding sentence, it is sufficient to send the statement before the deadline to the address indicated in § 1(4) of the Terms and Conditions. The statement of withdrawal can be made using a form, which constitutes an appendix to the Terms and Conditions, and is also sent to the Consumer in the confirmation of conclusion of the sales contract or together with the Product.
2. Should the right of withdrawal be exercised, the Seller will reimburse to the Consumer all payments made, including the costs of delivery (with the exception of additional costs arising from the method of delivery chosen by the Consumer other than the least expensive method of delivery offered by the Seller) immediately, and no later than within 14 (fourteen) days as of the date of receipt by the Seller of the notice of withdrawal from the sales contract, using the same method of payment as the Consumer has used, unless the Consumer has agreed to a different method of reimbursement, which does not involve any costs to them. If the Consumer has chosen the method of payment provided for in §3(2)(1) or 2) of the Terms and Conditions, the payment will be returned to the Consumer, with the Consumer's consent and depending on their choice, to the bank account indicated by them or by postal order to the address indicated by them.
3. Third Should the Consumer exercise their right of withdrawal, they must return the Product within 14 (fourteen) days as of the date of making the statement of withdrawal from the contract of sale of the Product. Due to the nature of the Products, their return will be organized by the Seller. Given the size and weight of the Products, in case of withdrawal from the contract of sale returning the Products may involve higher than standard return costs. In order to return the Product, the Customer should contact the Seller and set a date for the collection of the returned Product. The returned Product will be collected by a carrier commissioned by the Seller. The Customer will receive a return receipt label from the Seller, which should be placed on the packaging of the returned Product.
4. The Consumer bears the direct costs of returning the Product, which may be deducted by the Seller from the amount to be reimbursed to the Consumer (referred to in the first sentence of paragraph 2 above).
5. The Consumer is liable for any diminished value of the Product resulting from the use of the Product beyond what is necessary to establish its nature, characteristics, and functioning.
6. In specific cases, the right of withdrawal referred to in paragraph 1 above may not be granted to the Consumer due to exceptions indicated in legislation on consumer rights, including in relation to contracts:
1) of sales of non-prefabricated Products manufactured according to the Consumer's specification or serving to satisfy their individual needs,
2) under which the subject matter of the performance is an item supplied in sealed packaging which cannot be returned after opening the packaging for reasons of health protection or hygiene, if the packaging has been opened after delivery,
3) under which the subject matter of the performance are items which after delivery, due to their nature, are inseparably connected with other items.
7. The right of withdrawal referred to in this Article shall apply mutatis mutandis to services provided by the Seller by electronic means.
§6. Additional legal disclaimers
1. The content and structure of the Site are protected by copyright. Copying data or information, and in particular using texts placed on the website (including the Terms and Conditions), as well as their fragments, and photos, graphics, drawings, maps, plans and films, in cases other than those expressly permitted by law or the Terms and Conditions, is prohibited without the consent of the Seller.
2. The Seller informs that photographs and visualisations of Products placed on the Site serve only for the presentation of specifically indicated models of Products and may vary depending on individual settings of the User's device.
§7. Specific provisions relating to the rendering of services by the Seller by electronic means
1. These Terms and Conditions also constitute terms and conditions for the provision of services by electronic means, subject to paragraph 15 below.
2. In order to browse the Store and interact with the IT system used by the Seller, it is necessary to have:
1) a device with Internet access, enabling browsing of websites, in particular a device operating under Windows, Linux, MacOS or Android operating system; the minimum screen resolution for responsive access to the Store's website is 1024x768,
2) an updated web browser with Java Script support in the latest stable version supplied by the manufacturer, such as: MS Edge, Google Chrome, Mozilla Firefox, Opera, Safari,
4) disabled software that blocks the execution of the aforementioned scripts,
5) Information provided by the Seller, including the Terms and Conditions, may be made available in *.pdf format. In order to view them, it is necessary to install software enabling such files to be opened, e.g. Adobe Acrobat Reader.
3. A contract for the provision of services by electronic means is concluded upon registration of an Account by a person using the Store or by providing an e-mail address to receive the Newsletter.
4. The contract for the provision of services by electronic means is concluded for an indefinite period of time and may be terminated under the rules set out in applicable law, as well as by sending a statement of termination of the contract for the provision of services by electronic means to the Seller's contact details as specified in § 1(4) of the Terms and Conditions.
5. When using the Store and other services provided by Seller by electronic means, the User is prohibited to provide content that is unlawful, violates personal rights or copyrights of third parties, or infringes in any way the existing social norms and customs, rules of social interaction on the Internet (netiquette). In particular, the User is prohibited to:
1) promote totalitarian systems, symbols associated with them, incite to hatred or committing a crime,
2) posting abusive content, or content containing profanities, or content commonly regarded as offensive,
3) posting and using personal data and images of other persons without proper authorisation,
4) providing malicious software,
5) posting content that promotes the use of drugs or psychoactive substances, or promotes alcohol abuse,
6) spamming or acting in a manner characteristic of an act of unfair competition or unfair market practice,
7) posting content undermining the good name or reputation of the Seller or third parties,
8) posting links to websites and files containing such content as indicated above.
6. It is prohibited to conduct in relation to the Store any penetration tests, security tests, attempts to break the protections, and hacking activities.
7. The User is liable for the content posted by them in the Store. If the User posts content in the Store that is prohibited by law or by the Terms and Conditions, the Seller is entitled to remove it, as well as to terminate the contract on the provision of services by electronic means on this basis with immediate effect.
8. The procedure for complaints concerning services provided by electronic means is as follows:
1) persons who are recipients of a service may file complaints regarding services provided by electronic means by the Seller; complaints should be submitted in writing or by e-mail to the addresses indicated in §1(4) of the Terms and Conditions,
2) the complaint must include:
a) designation of the User and the data identifying them,
b) designation of the service complained against,
c) justification pointing to the irregularity.
9. Complaints will be examined within 14 (fourteen) days of their receipt.
10. During the complaint procedure, the Seller may request additional explanations, documents, or verification of the event covered by the complaint.
11. After deciding on the complaint, the Seller will inform the complainant whether the complaint has been upheld or not (the information about the refusal to uphold the complaint will include a justification).
12. Once the complaint procedure provided for in the Terms and Conditions has been exhausted, the User who is a Consumer may use the court procedure to assert their potential claims or use the out-of-court complaint procedure provided for by the law.
13. The Seller also advices on the existence of the ODR (online dispute resolution) platform, operational since 15 February 2016, at: http://ec.europa.eu/consumers/odr and on the possibility to use the ODR platform to resolve disputes.
14. To comply with the law requirements for the provision of services by electronic means, the Seller hereby informs that:
1) using services provided by electronic means via the Internet is associated with risk. The main risk is the possibility of infection of the computer system by so-called viruses, worms, and Trojan horses. To avoid such risks, it is recommended that persons using the Store have antivirus software installed on their devices and that they keep it up to date,
2) The Seller introduces 'cookies' to the computer system used by the person visiting the Store, which are a small fragment of text sent to the browser by the Internet service and which the browser sends back on the subsequent visits to the website. 'Cookies' are mainly used to maintain a session, e.g. by generating and returning a temporary identifier after logging in. However, they can be used more extensively to store any data that can be encoded as a string of characters. This prevents the user from having to enter the same information each time they revisit the website, or move from one website to another.
15. The Seller reserves the right to draw up, for specific services provided by electronic means, terms and conditions that are separate from the present ones. Where such separate terms and conditions are in force, the provisions of paragraphs 1-14 above shall not apply to the service concerned.
1. The Seller undertakes, towards the Consumer, to deliver Products without defects.
2. The Seller is liable to the Buyer who is a Consumer if a Product sold has physical or legal defects. In relation to Buyers who are not Consumers, Seller's liability described in the previous sentence is excluded.
3. Complaints stemming from the rights of the Customers described in paragraph 2 above may be submitted to the Seller in writing or by e-mail to the address indicated in §1(3) of the Terms and Conditions.
4. A complaint should include at least:
1) designation of the complainant, with the necessary identifying data, including e-mail address,
2) designation of the Product subject to the complaint and a comprehensive indication of the irregularity.
5. Should the required information be missing, the Seller will call the complainant to complete it.
6. During the complaint procedure, the Seller may request additional explanations, documents, or verification of the course of event subject to the complaint.
7. Within 14 (fourteen) days of submitting a complaint containing all necessary data, the Seller will respond to it and notify the Consumer of the further procedure.
8. The Seller will do its best to process complaints without undue delay.
9. Upon exhaustion of the procedure set out in this paragraph, the User who is a Consumer has the possibility to use the court procedure to assert their potential claims or use the out-of-court complaint procedure provided for by the law.
10. The Seller also advices on the existence of the ODR (online dispute resolution) platform, operational since 15 February 2016, at: http://ec.europa.eu/consumers/odr and on the possibility to use the ODR platform to resolve disputes.
11. The Seller grants a 2-year warranty for its Products.
12. The Seller offers after-sales services.
1. Each User may, by providing their e-mail address, accepting the provisions of the Terms and Conditions, and submitting other required statements, express consent to receive the Newsletter at the provided email address.
2. Should the User express such consent, the Seller may periodically send the Newsletter to the email address provided by the User (at times defined at the Seller's discretion).
3. The User may unsubscribe from the Newsletter by clicking on the link included in each Newsletter message, by changing the Account settings, or by sending a message with the subscription cancellation request to the email address indicated in §1(4)(3) of the Terms and Conditions.
4. The Newsletter may contain paid promotion, commercial offers, industry information and advertising.
5. The Newsletter service is free of charge.
§10. Final provisions
1. The Seller is not bound by any additional, non-mandatory codes of good practices or other such documents, which does not prejudice the fact that under generally applicable provisions of law the Seller is already obliged not to infringe the principles of fair competition and not to employ unfair market practices.
2. In the case of a User who is not a Consumer, the assessment of the rights and obligations of the parties stemming from the Terms and Conditions shall be governed by Polish law. In the case of Consumers, the applicable jurisdiction is determined in accordance with the generally applicable law, in particular the law on the protection of consumer rights.
3. Any disputes arising between the Seller and the Customer who is not a Consumer will be resolved by the court with jurisdiction over the address indicated in §1(4)(1) of the Terms and Conditions.
4. All persons using the Store may access the Terms and Conditions at any time by clicking on the link provided on the Store website, and may copy the content of the Terms and Conditions to a file or download them in .pdf format and print them.
5. The Seller informs that the Terms and Conditions may be subject to change. In such a case, the Terms and Conditions will be provided to the User by placing them in the Store and on the appropriate websites of the Seller, as well as by sending the Terms and Conditions to the email address of the Customer.
7. These Terms and Conditions enter into force on 4.07.2022.