Please check the products are not damaged in the presence of the courier. In case of damage, please report the damage to the courier. We ensure that products are shipped intact and undamaged. The packages are carefully packed and clearly marked with the ATTENTION GLASS / FRAGILE sticker.
If the parcel has not been checked at the courier, we as a shop are not responsible for products damaged during transport.
In order to accept a complaint in the event of damage to the products during transport, we need a scan of the damage report prepared by the courier. Please also make sure that the courier does not write a falsehood (the product is not properly secured against shipping).
TERMS AND CONDITIONS FOR THE USE OF THE ONLINE STORE www.motoLEDy.pl
- Store - an online store located at www.motoLEDy.pl
- Regulations - these regulations, regulating the rules of using the Store, being an integral part of the contract concluded between the Seller and the Buyer.
- Agreement - a sales contract concluded between the Buyer and the Seller, the integral part of which is the Regulations.
- Parties - both parties to the Agreement, the Buyer and the Seller.
- Seller - entity responsible for the functioning of the Store: Podlaska Foundation of Sport, Tourism and Nature Protection SWT, ul. A. Mickiewicza 66, 15-213 Białystok, NIP: 5423229528, KRS: 0000446793.
- Buyer - an entity making purchases through the Store; The buyer can be both the purchasing entity and the consumer. If the buyer is a natural person, he must be of legal age and have full legal capacity.
- Consumer - consumer within the meaning of the Act of 23 April 1964 - Civil Code (Journal of Laws No. 16, item 93, as amended)
- Agreement - an agreement concluded between the Parties, the integral part of which is the Regulations.
- User - a person viewing the content of the Store's website.
- Service - sale provided by the Store, Newsletter and Account.
- Newsletter - a free service provided by the Seller, consisting in periodic or irregular sending of information related to the functioning of the Store to the User to the e-mail address provided by the User.
- Account - a part of the Store available to the User only after logging in, in which the User may add, modify and delete his personal data, other data, as well as use individual Account functionalities.
- Goods - goods sold in the Store, mainly LED lighting products.
- Delivery Price List - the price list of goods delivery services publishedhe is here.
- The regulations are based on art. 8 sec. 1 point 1 of the Act on Providing Services by Electronic Means (Journal of Laws of 2002, No. 144, item 1204, as amended).
- The regulations specify in particular:
a) types and scope of services provided electronically,
b) conditions for the provision of electronic services,
c) the conditions for concluding and terminating contracts for the provision of electronic services,
d) the complaint procedure
- The buyer accepts the Regulations.
- The subject of the Store's activity is the sale of Goods. The Goods sold together with a detailed description and price are presented on the relevant subpages of the Store.
- The contract is concluded in Polish.
- The contract is concluded on the basis of the law in force in Poland.
In order to avoid errors when using the Services, it is necessary to use a PC or similar computer connected to the Internet, a tablet or a smartphone, equipped with the Windows, Android, iOS, Linux or MAC OS operating system and the Internet Explorer, Google Chrome web browser. , Opera, Mozilla Firefox or Safari.
- The provisions of the Regulations do not infringe the generally applicable provisions of law on consumer protection, including the Civil Code and the Consumer Rights Act.
- Provisions inconsistent with generally applicable legal norms are deemed not to be binding. In their place, the relevant norms of generally applicable law are applied.
Contact with the Seller takes place: by phone - at the number: + 48 513 182 597, by e-mail: shop @motoLEDy.pl Traditional correspondence should be sent to the address of the Seller's registered office.
PROCEDURE FOR ORDERING GOODS
- The Buyer places an order by completing the interactive order form available on the Store's website and sending it to the Store, while the selection of the ordered Goods is made by adding them to the virtual shopping cart. The form is completed in accordance with the detailed instructions visible while filling in.
- The Buyer indicates the Goods he wants to order. The Buyer provides the following data: name and surname, address of residence / registered office, address for delivery, e-mail address, telephone number, method of payment, method of delivery of the Goods. Additionally, the Buyer provides the necessary data to issue an invoice or bill.
- If the Buyer makes purchases using the Account, he does not have to provide the data specified in paragraph 2 sentence the second.
- The buyer is allowed to verify and correct the order data.
- The purchase procedure ends by the Buyer pressing the button confirming the order with the obligation to pay (the button "order with the obligation to pay").
- The order placed by the Buyer is confirmed by the Seller by sending an (automatic) e-mail. Along with the confirmation, the Seller sends the Buyer the Regulations.
- The buyer should follow the indications contained in the confirmation, in particular, click on the link provided in the e-mail.
- Regardless of the information sent to the Buyer regarding the Agreement, the full content of the Agreement is recorded by the Seller in the form of an electronic record placed in its IT system and is made available to the Buyer at his request.
- In the event of detecting errors in the data entered by the Buyer, referred to in paragraph 2, the Buyer may request their correction by providing the correct data. This option does not apply to changing the Goods ordered after their shipment to the Buyer.
- In case of doubts as to the reliability of the data provided, the Seller is entitled to confirm them and may refrain from completing the order until their verification. The Seller will immediately inform the Buyer about such a situation and, at his request, will return the amount already paid for the price.
- Unless the Parties have agreed otherwise, the ordered Goods are delivered as soon as possible, the average order processing time is 24 hours from the conclusion of the Agreement. The deadline for completion is counted from the date of sending the order confirmation by the Seller, or - in the case of prepayment - from the date the amount due is credited to the Seller's account.
Delivery is carried out via:
- Inpost Paczkomaty 24/7 - delivery within 24 hours on working days
- DPD courier, prepayment - delivery within 24 hours on business days
- In the event that the Seller has not fulfilled his obligation to deliver the Goods within the time limit specified in the preceding paragraph, the Buyer shall request him to deliver the Goods within an additional period appropriate to the circumstances. If the Seller has not delivered the Goods within this additional period, the Buyer has the right to terminate the Agreement. The provision of § 18 shall apply.
- Paragraph 1 above shall not apply if the Seller has refused to deliver the Goods or if the delivery date has been individually agreed with the Buyer and is significant due to all circumstances related to the conclusion of the Agreement or if the Buyer informs the Seller prior to the conclusion of the Agreement that delivery of the Goods before or on a specific date is essential. In such cases, if the Seller did not deliver the Goods within the period agreed with the Buyer or within the period specified in paragraph 1, the Buyer has the right to terminate the Agreement immediately.
- After the termination of the Agreement in accordance with the above provisions, the Seller shall refund the entire amount paid under the Agreement without undue delay.
- Delivery of the ordered Goods is normally carried out via a courier company.
- It is recommended that the Buyer checks the condition of the shipment at the time of its delivery, and in the event of visible damage, report this fact to the person delivering the shipment and, if possible, draw up a damage report with her participation. Failure to control the shipment results in the loss of rights to report damage to the shipment during transport, does not result in the loss of rights to file a complaint.
PRICE AND PAYMENT
- The prices of the Goods are listed on the Store's website.
- The prices of the Goods are given in the final version, including all fees and taxes, including in particular VAT at the applicable rate, taking into account, however, the provisions of the paragraph below.
- The prices of the Goods do not include shipping costs, which are presented to the Buyer during the ordering procedure. Independently, the Buyer may refer to the applicable rates of charges for the delivery of the Goods in the Delivery Price List.
The buyer receives the invoice in an electronic version by e-mail on the day of sending the parcel to the e-mail address provided in the order.
- The Delivery Price List specifies the costs of individual delivery options for the Goods. The choice of options is up to the Buyer.
- The parties may agree to deliver the Goods using a different option not included in the Delivery Price List.
- If the transport costs, due to the nature of the order or the size of the ordered Goods, do not allow the price to be calculated in advance, it will be determined based on the generally applicable rates of the given carrier. In this case, the Seller may choose an entity other than the one indicated in § 9 sec. 1.
The buyer chooses one of the following payment methods:
a) cash on delivery - the Buyer pays the payment for the Goods and shipment upon receipt of the package at the post office or to the deliverer.
b) by bank transfer - the amount due for the Goods, the Buyer pays in advance to the Seller's account at the ING Bank Śląski SA bank account number: 93 1050 1953 1000 0090 3167 8973 (PLN)
c) electronic payments handled by iMoje - the online payment system of ING Bank Śląski SA
d) Twisto deferred payment - handled by iMoje - payment system of ING Bank Śląski SA
e) electronic payments handled by Paypal
f) payment upon receipt of the order in a stationary storemotoLEDy, at A. Mickiewicza 66, 15-232 Białystok
ACCOUNT AND NEWSLETTER SERVICES
The provision of § 15 and § 16 are specific provisions and apply to the implementation of the Newsletter Service and the Account.
- Creating an Account is optional for Users who want to use the Services.
- The purpose of the account is to make it easier for the User to make purchases via the Store.
- The User using the Account Service agrees to the commencement of its provision by the Seller upon the creation of the Account.
- An account is created after completing the interactive application form "Registration".
- The procedure for completing the interactive form includes providing the data indicated in § 6 sec. 2, second sentence. It is obligatory to provide a valid e-mail address to which the Account password will be sent.
- Data for the Account are provided by each User voluntarily. The User has the option of updating his personal data and deleting the Account himself.
- After confirming the entered data by clicking the "Register" button on the last version of the interactive form, a message will be sent to the e-mail address provided by the User with a verification link and the conditions under which the Agreement was concluded, including the content of the applicable Regulations.
- After opening the verification link sent to the User to the e-mail address provided by him, the User enters his password in the "Your password" field. By clicking the "Login" button, you are creating an Account. It is also the moment of concluding the Agreement.
- Regardless of the information sent to the User regarding the Agreement, the full content of the Agreement is recorded by the Seller in the form of an electronic record placed in its IT system and is made available to the User at his request.
- Creating an Account is free of charge.
- The free Newsletter service is provided by the Seller on the terms set out in this paragraph.
- Setting up an Account by the User requires consent to receive the Newsletter, and at the same time is the moment of concluding the contract for the provision of the Newsletter service.
- The seller will not make the e-mail addresses entrusted to him available to third parties.
- The User has the right to unsubscribe from the Newsletter service at any time by deleting his Account. This is the moment of termination of the contract for the provision of the Newsletter service.
- The removal of the User's e-mail account from the address database takes place immediately after the Account is deleted.
- The Seller reserves the right to:
a) sending advertisements and commercial information via the newsletter within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 of 2002) to the User's e-mail account,
b) complete cessation of the Newsletter service after prior notification of its Users, without giving any reason. The moment of notifying the User is the moment of termination of the contract for the provision of the Newsletter service.
- The Seller undertakes to deliver the Goods without defects.
- The Seller is liable to the Buyer for physical and legal defects of the Goods to the extent specified by the Civil Code Act of April 23, 1964 (Journal of Laws of 1964, No. 16, item 93, as amended)
1. If the Product has a defect, the Buyer may:
a) demand the removal of the defect by the Seller
b) demand replacement of the Product with a new one
c) demand a price reduction
d) withdraw from the Agreement
- The Buyer may not demand a price reduction or withdraw from the Agreement if the Seller immediately and without undue inconvenience to the Buyer replaces the defective Product with a Product free from defects or removes the defect.
- If the Buyer is a Consumer, he may, instead of the removal of the defect proposed by the Seller, demand the replacement of the Product with a Product free from defects, or instead of the proposed replacement of the Product, demand the removal of the defect, unless it is impossible to bring the Product into compliance with the Agreement in a manner chosen by the Buyer or would require excessive costs compared to the method proposed by the Seller.
- In the event of a repeated replacement or repair of the Goods, the limitation of the possibility of withdrawing from the Agreement or requesting a price reduction referred to in paragraph 2 shall not apply.
- In the event of a minor defect, the Buyer may not withdraw from the Agreement.
- The Seller may refuse to satisfy the demand to repair the Goods or replace them with a new one, if it is impossible to bring the defective item into compliance with the Agreement in the manner chosen by the Buyer or would require excessive costs compared to the second possible method of bringing it into compliance with the Agreement.
- If the Buyer is an entrepreneur, the Seller may refuse to replace the defective item with a non-defective one or to remove the defect also when the costs of compensating this obligation exceed the price of the sold item.
- Complaints regarding the Goods should be submitted in writing to the address of the Seller. The letter containing the complaint should provide the complainant's data and describe the reasons for the complaint.
- The Seller shall inform the Buyer about the method of considering the complaint within 14 days from the date of receipt of the complaint in writing (the date of sending the letter by the Seller is important), as well as in the form of an e-mail.
- The Seller is not liable for defects in the goods sold if the defect is found after two years from the delivery of the goods to the Buyer. The Buyer's claims shall expire after one year from the date of finding the defect. The limitation period may not end before the expiry of two years from the delivery of the item.
The risk of loss or damage to the Goods shall be transferred to the Buyer when the Buyer or a third party designated by him, other than the carrier, acquires physical possession of the Goods. However, the risk passes to the Buyer upon delivery of the Goods to the carrier, if the Buyer commissioned this carrier to transport them, and the Seller did not offer such an option.
In the event of non-performance of the Agreement by the Seller, the Seller is obliged to repair the damage resulting from this fact under the terms of the Act of 23 April 1964 - Civil Code (Journal of Laws No. 16, item 93, as amended)
- The Seller provides a 12-month warranty for Goods purchased by Consumers and a 12-month warranty for Goods purchased by entrepreneurs.
THE RIGHT TO WITHDRAW FROM THE CONTRACT
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise your right of withdrawal, you must inform us (motoLEDy.pl - SWT Foundation, A. Mickiewicza 66, 15-232 Białystok, Poland, shop @motoLEDy.pl, telephone: 513182597) about his decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the model withdrawal form that we send with the e-mail confirming that the package has been sent to the customer, but it is not obligatory.
To keep the deadline for withdrawing from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
EFFECTS OF WITHDRAWING FROM THE CONTRACT
In the event of withdrawal from this contract, we will refund all payments received from you, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by you other than the cheapest standard delivery method offered by us), immediately, and in any case no later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement. We may withhold the reimbursement until we receive the item or until proof of its return is provided to us, whichever occurs first.
Please send back or hand over the item to us immediately, and in any case not later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
You are only responsible for reducing the value of things resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of things.
SPECIAL PROVISIONS FOR ENTREPRENEURS
The provisions of § 25, § 26, § 27, § 28, § 29 are special provisions and apply to Buyers who are not Consumers.
- The contract is concluded when the order is confirmed by the Seller.
- The order is confirmed by sending an e-mail by the Seller to the Buyer's address, in which the Seller confirms the terms of the Agreement resulting from the placed order.
The Seller shall not be liable for delays resulting from the fault of the supplier.
The Buyer will control the condition of the shipment at the time of its delivery, and in the event of visible damage to the packaging or the contents of the shipment, the Buyer will report this fact to the person delivering the shipment and prepare a damage report with their participation.
The Seller may require that in some cases the Buyer, after placing the order, prepares a prepayment of no more than 50% of the total order.
The parties agree that they are not bound by the provisions of Art. 66.1 par. 1-3 of the Civil Code.
PERSONAL DATA PROTECTION
- The Seller declares that it protects Users' personal data on the terms and in accordance with the applicable provisions on the protection of personal data, in particular Regulation of the European Parliament and of the Council 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation / GDPR). The Service Provider declares that it uses technical and organizational measures to ensure protection of the processed data appropriate to the threats and categories of data protected, in particular, protects Users' personal data against unauthorized disclosure, loss or damage.
- In the course of the Goods ordering procedure, the Buyer voluntarily provides his personal data to the extent required by the Seller.
- The personal data obtained by the Seller will be processed by the Seller in order to:
a.provision of the Services referred to in these Regulations,
b. settlement of payments for ordered products,
c. pursuing claims for payments for placed orders,
d. and if the User has consented to send information about the User's products / services by electronic means (marketing purpose / newsletter).
- The User's personal data is processed:
a. for the period necessary to carry out the sale, as well as settlement of payments and pursuing claims;
b. in the case of processing based on consent, personal data are processed until the consent is withdrawn, while the withdrawal of consent does not affect the lawfulness of the processing which was carried out on the basis of consent before its withdrawal.
- At any time, the Buyer may oblige the Seller, by sending an appropriate inquiry, including by e-mail, to provide information about the status of personal data being processed regarding his person.
- The Buyer also has the right to request the deletion, supplementation or modification of personal data processed by the Seller.
- Cookies can be installed on the User's device with his express consent.
- The Seller reserves the right to short-term technical breaks in access to the Store, caused by maintenance or updating of data on the server.
- The Seller does not provide any additional services related to the servicing of the Goods, apart from the services specified in the Regulations.
In the event of a dispute arising out of the performance of the Agreement, the Parties undertake to try to resolve it amicably.
- The Regulations come into force onMay 22, 2018
- The regulations may be changed at any time. Information about the content of changes to the Regulations is immediately posted on the Store's website.
- The changes are effective from the date of their publication on the Store's website and are not retroactive.
In matters not covered by the regulations, the provisions of the Civil Code and relevant acts of Polish law, as well as European Union law, in particular the GDPR (Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons in connection with with the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC).