TERMS AND CONDITIONS OF ”WWW.LED-LABS.PL” E-STORE
1.1. Internet store available at the Internet address www.led-labs.pl (hereinafter referred to as called the Store) is owned by the LED Labs sp. z o.o. and based in Kraków at Zakopiańska 2C, 30‑418 Cracow, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the capital of Cracow - Central Cracow, Economic Division of the National Court Register, under no. KRS 0000544027, NIP 6793108450, REGON 360837680, email: firstname.lastname@example.org, tel.: (012) 633 44 11 (hereinafter referred to as the Seller)
1.2. These Terms and Conditions define the general usage rules is the Store, particularly rights and obligations of the Seller and the Client, rules of ordering and conclusion and termination of agreements of products offered by the Retailer and also rules of enforcing agreements and rues of the complaint procedure and the personal data protection. These Terms and Conditions also define rules applicable to services provided electronically.
1.3. The Customers can obtain free access to these Terms and Conditions on the Store’s website www.led-labs.pl, download and archive the content of the Terms and Conditions in form of an electronic file (PDF) or print it. During the procedure of setting up User account and ordering, Terms and Conditions are made available for the Customers and also delivered in email confirming the conclusion of the purchase agreement, referred to in point 3.4 these Terms and Conditions.
1.4. These Terms and Conditions is targeted at both consumers and entrepreneurs using the Store, with the exception of points 7 and 8 of the Terms and Conditions, which are aimed exclusively at the Customers being consumers and for point 9, which is aimed exclusively at the Customers being entrepreneurs, and also with the exception of these Terms and Conditions, which clearly relate only to consumers or only to entrepreneurs.
The Customers can communicate with the Retailer with email. phone or in writing (contact details as in point 1.1 of these Terms and Conditions), but the Customers order offered by the Retailer products using order form in accordance with the procedure provided in point 3 of these Terms and Conditions.
Any advertisements, commercials, pricelists and other information posted on the Store’s website www.led-labs.pl, relating to products listed there, do not constitute an offer within the meaning of the Civil Code, but only an invitation to conclude an agreement within the meaning of Article71 of the Civil Code.
SERVICES PROVIDED ELECTRONICALLY
2.1. The Retailer provides services electronically consisting of enabling the Customers to set up User account on the Store's website and make purchase order form available for the Customers on the Store’s website. In addition, the Retailer may provide Newsletter service for those Customers who expressed the will to receive it.
2.2. User account service enables the Customers using the services of the Store after logging in. Setting up a new User account requires to fill in and send the new user registration form containing: the name or business name of the Customer, phone or email address. User account service is provided free of charge and is valid indefinitely. Using contact details given in the point 1.1 of the Terms and Conditions, the Customer may delete her/his User account by sending a request to the Retailer, in writing or via email, at any time without providing reasons.
2.3. In accordance with the procedure laid down in point 3 of the Terms and Conditions, purchase order form service enables placing orders (making declarations of intent) for products offered by the Retailer via the Store’s website. The service is provided free of charge and is one-off nature. The service is ended immediately after making the order in the shop.
2.4. Newsletter service consists in sending of the latest news and promotions in the Store and the information about the Retailer’s current operating activity by email to the Customers, who expressed the will to receive it. Newsletter service is provided free of charge and is valid indefinitely. Using contact details given in the point 1.1 of the Terms and Conditions, the Customer may revoke her/his approval for receiving the Newsletter by clicking the link included in the message (newsletter) sent or by sending the request to the Retailer, in writing or via email, at any time without providing reasons.
The Retailer informs the Customer that risks related to the use of electronic Services via Internet are computer viruses, Trojan horses, spam (unrequested advertisements sent out to multiple recipients) and interference by third persons (hackers). In every Internet service User’s best interest, is to install authorized and updated software protecting the User’s device against risks mentioned above.
The Customers shall refrain from any illegal activities, in particular from delivering the illegal content and interfering the content of the Store or its technical elements.
Using contact details given in the point 1.1 of the Terms and Conditions, all claims concerning the electronically supplied services can be reported in writing or via email. Complaints will be considered by the Retailer within 14 days.
SALE AGREEMENT PROCEDURE
3.1. The Retailer accepts the Customers’ orders via www.led-labs.pl. An order may be submitted via an order form 24 hours a day, 7 days a week Placing an order constitutes binding proposal the conclusion of the sale agreement of products which are the subject of the order within the meaning of Article 66 § 1 of the Civil Code.
3.2. The order is understood as choosing of type and number of products on www.led-labs.pl, clicking the “Add to chart” button, choosing payment and delivery method, filling in the order form, and the final validation and sending of the order by clicking the “Buy and pay” button. The Retailer informs that the orders placing via the Store entails the obligation to pay.
3.3. Getting familiar with these Terms and Conditions and their acceptance by the Customer is a necessary element of the order procedure and the Customer confirms it by ticking the appropriate box. During ordering, the non-acceptance of these Terms and Conditions does not allow to purchase of goods via the Store and it requires to determine the performance of the transactions in other form.
3.4. After the submission a duly completed order form, the Retailer shall immediately acknowledge the receipt of the order by sending the Customer an appropriate e-mail message to the address given by the Customer. Next, the Retailer sends the Customer e-mail message with the confirmation of accepting the order for processing constituting the acceptance of the Customer’s offer and the confirmation of the conclusion of the remote agreement. As soon as the Customer receives an email confirming order acceptance, the agreement between the Customer and the Retailer is concluded.
3.5. Agreements concluded via the Store are concluded in Polish. The Customer has the possibility to display foreign language version of the Store webpage and these Terms and Conditions, but in the case of any doubts the Polish version shall be determinative.
PRICE AND PAYMENT
4.1. Product prices displayed on the Store website are gross sales prices (i.e. including all components, such as customs duties and taxes, including VAT) and are expressed in Polish zloty (PLN) or Euro (EUR), depending on the language version chosen by the Customer.
4.2. Product prices presented on the Store websites do not include delivery costs, as referred to in paragraph 5 of the Terms and Conditions.
4.3. Prices are binding and final when the order is placed by the Customer.
4.4. Payment for the ordered merchandise can take the following forms:
a) transfer to the Retailer's bank account;
b) electronic payment via the service dotpay.pl;
c) cash on delivery;
d) cash on personal collection of merchandise.
4.5. Upon choice of payment by bank transfer or electronic payment via dotpay.pl, the Customer is obligated to make the payment within 7 calendar days from the date of purchase transaction. Upon choice of cash payment on delivery or in store, the Customer is obligated to make payment on delivery of products purchased.
4.6. For all merchandise ordered from the Store, there is issued a fiscal receipt or VAT invoice.
5.1. Delivery of the product to the Customer is an additional charge, unless the sales contract states otherwise or the Customer personally collects the merchandise. In the case of a merchandise order in which the total value exceeds a net amount of 300.00 PLN, delivery costs will be covered by the Retailer.
5.2. Costs of product delivery (including fees for transportation, delivery and postal services) are indicated to the Customer when placing the order, as well as at the moment of expressed consent by the Client to be bound by the sales contract. Cost of delivery depends on the selected method of delivery when submitting the order. The total cost of the contract, including the price of the product and the cost of delivery, is visible at the summary of the concluded order.
5.3. Merchandise ordered by the Customer will be delivered to the address indicated on the order form via courier or Polish Post. The Customer selects the method of delivery when filling out the order form.
5.4. Delivery of merchandise purchased through the Store is carried within the country of Poland. In case of a desire to purchase merchandise with delivery outside the country of Poland, please contact the Store before placing the order to determine the feasibility of delivery and costs. In this case, delivery costs will be determined individually and communicated to the Customer before the order is placed.
5.5. Delivery time is from 1 to 14 working days:
a) in case of payment by bank transfer or via dotpay.pl – delivery time is calculated from the date the bank transfer to Retailer is realized;
b) in the case of cash payments on delivery – delivery time is calculated from the date of the contract of sale;
c) in the case of personal collection – delivery time is calculated from the date of the contract of sale, upon which the Retailer will inform the Customer via e-mail of the product readiness.
5.6. Upon receiving the package, the Customer should check in the presence of the supplier if possible, the status of the package. In case of any damage to the package during transport, as far as is possible, a refusal by the Customer to receive the damaged merchandise or a statement written in the presence of the supplier of the protocol setting out the status of as well as the circumstances causing the damage, will greatly facilitate any future product return.
6.1. The shop is required to provide customers sold items without physical and legal defects (warranty ). In the case of defective purchased merchandise, the Customers have the rights provided for in the Act of 23 April 1964 Civil Code (Journal of Laws 2014, item 121, as amended), in particular the part concerning the warranty (Articles 556 et seq.).
6.2. Using contact details given in the point 1.1 of the Terms and Conditions, all claims can be reported in writing or via email, Or via the form available on the Store’s website. The complaint should contains the Customer’s details, the nature of the defects and the date of occurrence of the defects, the Customer’s claim, and in the case of any doubts - also the confirmation of the purchase claimed merchandise in the Store (e.g. a receipt or VAT invoice). The above content of the complaint takes the form of recommendations, and complaints of other content will also be considered by the Retailer.
6.3. If the complaint proves necessary to refer to the Retailer to the sold thing , the Customer, who shall exercise the powers under the warranty, will be required to provide for the Retailer's cost to the address of the Retailer, as referred to in point 1.1. If the supply of the customer would be extremely difficult ,because of the nature of things or the way it is mounted, the Client is obliged to make available to the Retailer at the place where the property is situated.
6.4. Shop will address the Customer complaints within 14 days.
6.5. The Retailer informs that, in the case of the additional guarantee on the merchandise offered via the Store, the guarantee shall not exclude, limit or suspend the Customer rights based on the warranty law for physical defects for defects in sold goods.
6.6. The Retailer does not provide after-sale services.
RIGHT OF WITHDRAWAL FROM CONTRACT
7.1. In accordance with art. 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827) The Customer who is the Consumer, and concluded the remote agreement through the Store, has the right to withdraw a sale contract within 14 days without giving any reason for withdrawal and without any costs, except the costs referred to in points 7.4, 7.5 and 7.8 of these Terms and Conditions. Instruction on the right to withdraw, including in particular information about how and when to exercise the right of withdrawal and the cost of returning things in case of withdrawal from the contract , which shall be borne by the Customer, is attached as Appendix 1 of these Terms and Conditions.
7.2. The Customer can use the model withdrawal form, attached as Appendix of the .Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), and Appendix No 2 of these Terms and Conditions, but it is not mandatory.
7.3. In case of withdrawing from this contract, the contract shall be considered not concluded. If the Customer who is the Consumer, made the statement before the Retailer accepted the offer, the offer shall cease to be binding.
7.4. If the Customer chose the type of delivery other than the least expensive normal delivery the Retailer offers, the Customer is not obligated to reimbursement the Customer for the additional costs incurred by the Customer.
7.5. In case of withdrawal from the contract, the Customer must assume the cost of returning items.
7.6. The Customer is only responsible for the decrease in value of merchandise resulting in its use in a way other than the express, specified purpose consistent with the nature, characteristics and functioning of that merchandise.
7.7. There is no right of withdrawal in respect of distance contracts for the Customer with reference to the contracts listed in Article 38 of the Act of 30 May 2014 on the consumer rights (Journal of Laws of 2014 No. 827), in particular in relation to the contract:
a) in which the object of the provision is the non-prefabricated good, manufactured according to the specifications of the Consumer or meet individual needs;
b) in which the object of the provision is the good liable to deteriorate or expire rapidly;
c) in which the object of the provision is the good delivered in a sealed package, and it is not suitable for return due to health protection or hygiene reasons and was unsealed after delivery.
d) in which the object of the provision are the goods by nature inseparably mixed with other items after delivery.
7.8. If the Consumer has explicitly requested the services to begin during the withdrawal period, she/he shall pay an amount which is in proportion to what has been provided she/he have communicated the Retailer about withdrawal from the contract.
7.9. To minimize the risk of damage in transport, the Customer should safeguard the goods.
OUT-OF-COURT COMPLAINT AND REDRESS MECHANISM
8.1. If the Retailer refused to consider the complaint of the Customer who is a consumer and she/he does not agree with the Retailer’s decision, there is out-of-court complaint and redress mechanism.
8.2. In particular, the Customer may request the Provincial inspector of the Trade Inspection to initiate a mediation procedure aimed at an amicable settlement of the dispute between the Customer and the Retailer in accordance with art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended). The mediation process is of a voluntary nature (both parties must consent), and any agreement of the parties must be the result of the consensus of the parties. The effective request for mediation procedure does not warrant to conduct the mediation or its result.
8.3. The Customer may request to settle the dispute arising from the contract of sale by the Permanent Consumer Arbitration Court operating at the Provincial inspector of the Trade Inspection referred to in art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended). Rules of organization and operation of Permanent Consumer Arbitration Court are specified by the Regulation of the Minister of Justice of 25 September 2001 on determine the rules of organization and efficient operation of the Permanent Consumer Arbitration Courts (Journal of Laws of 2014 No. 113 item 1214).
8.4. Detailed information on out-of-court complaint and redress mechanism is available at the premises and on the websites of district (municipal) consumer advocates , the Provincial Inspectorates of the Trade Inspection and the Office of Competition and Consumer Protection.
9.1. The Retailer may grant access to an additional functionality of the Store (B2B platform) allowing the Retailer to determine the individual pricing and individual conditions established when the contract is made via the Store for the Customer being entrepreneur and to provide the personal administrator of the Customer - the sales representative.
9.2. To access the B2B platform, the Customer should contact the Retailer (contact details given in the point 1.1 Of the Terms and Conditions).
PERSONAL DATA PROTECTION
10.1. The Retailer processes the Customers personal data in accordance with the applicable law, in particular in accordance with the provisions of the Act of 29 August 1997 on Personal Data Protection (consolidated text Journal of Laws from 2002 No. 101, pos.926) and with provisions of the Act of July 18, 2002 on Electronic Services (Journal of Laws of 2013, item 1422, as amended 5).
10.2. The provision of personal information by the Customer is voluntary. The Customers have the right to access their personal data, and a motion to demand data correction, supplementation, update, temporary or permanent stoppage of data processing of a removal of the data.
10.3. The Retailer is an administrator of data given by the Customer, referred to in the point 1.1 of the Terms and Conditions.
10.4. For statistical purposes and to provide the highest quality services, the Store uses information stored by the server of the service on the Customer's computer, which the server can read whenever the Customer connects from this computer (‘cookies’). The software used for web sites browsing allows to place "cookies" by default on the device. At any time, the Customer can modify the settings of the browser not to accept cookies or notify when a cookie is sent.
11.1. The Retailer respects the Consumer rights provided for in the common law ,in particular in the Act of 30 May 2014 about consumer rights (Journal of Laws of 2014, item 827). Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any rights of consumers under the law. Any possible doubt be explained for the benefit of consumers using the Store The provisions of these Terms and Conditions less favourable to the consumer than the above-mentioned provisions are not binding, and in their place the provisions of this Act shall apply.
11.2. Amendments to these Terms and Conditions may be important reasons, in particular in the event of changes in the law. In the case of the conclusion on the basis of these Terms and Conditions of agreements of a permanent nature, the amended Terms and Condition involves the Customer, if the requirements set out in Article 384 and 3841 of the Civil Code are retained The customer has been properly informed about the changes and do not terminate the agreement within 14 days from the date of notification. In case of concluding the contracts of a different nature than the continuous contracts on the basis of these Terms and Conditions, changes to Terms and Conditions will not in any way affect the Customers rights acquired prior to the day of the changes coming into effect.
11.3. Annexes to the Terms and Conditions are: 1. Directives on the rights of withdrawal from contract, 2. Model withdrawal from These Annexes are an integral part of the Terms and Conditions.
11.4. These Terms and Conditions become effective as of 15 December 2015.
Appendix no. 1
to E-store Terms and Conditions www.led-labs.pl
Appendix no. 2
to E-store Terms and Conditions www.led-labs.pl
Terms and Conditions
available in pdf.
avaiable in PDF.