TERMS AND CONDITIONS OF PURCHASE AT OPLOT.EU ONLINE STORE
TERMS USED FOR THE PURPOSE OF THESE TERMS AND CONDITIONS
Order Fulfillment Time – the time in which the Store completes the order and transfers it for shipment using the form of delivery selected by the Customer.
Business Days – days of the week from Monday to Friday, excluding public holidays and other statutory holidays.
Customer – a natural person, legal person and an organizational unit without legal personality, granted legal capacity under provisions of law, making purchases in the Store.
Customer Account – a service provided by the Online Store and enabling the Customer to view and manage commercial information related to his orders, as well as his Personal Data.
Electronic Transfer – payment made by the Customer via an electronic bank account (“online”) or via the following systems: Przelewy 24, BLIK, payment card, or other online payment systems made available by the Store.
External Transfer – payment made by the Customer via a traditional or electronic bank account or post office, or another entity providing services related to the execution of money transfers.
Online Store (“Store”) – an electronic trading platform available at the address sklep.oplot.pl (enabling the sale of products offered by the Store via the Internet). The Online Store is run by OPLOT Borys Gołębiowski with its registered office in Łódź, at ul. Wigilijna 2/2, postal code 93-329 Łódź, Poland, NIP (Tax Identification Number): 731-139-05-15, entered in the register of business activity by the Trade, Services and Agriculture Department of the Municipal Office of Łódź – Łódź Górna Regional Office, Łódź, ul. Politechniki 32, under the number 58086 on August 31.
Price – a sum of money corresponding to the value of the object of sale specified in the Polish currency, shown by the goods for 1 running meter in the case of cables or per piece in the case of other items, including VAT.
Consumer – a person who concludes a contract with an entrepreneur for purposes not directly related to business activity.
Personal Data – any information relating to an identified or identifiable natural person, legal person and organizational unit without legal personality, granted legal capacity under provisions of law.
SALE, ORDER ACCEPTANCE AND PRODUCT INFORMATION ENVIRONMENT
- The Store sells goods remotely and provides services via the Internet.
- Information about products is published by the Store on sklep.oplot.pl
- Products presented on the Store’s website do not constitute an offer within the meaning of the Civil Code.
- Product orders placed by Customers are accepted through the website described in section 2 above.
- There is no need to create the Customer Account for a product order to be accepted, however only the Customer Account allows the Customer to access additional services related to it.
- Placing an order for product(s) includes:
- indicating the selection of ordered products, including their type and quantity;
- providing information about the Customer making the payment, including:
– in the case of natural persons: name, surname, PESEL number, NIP, e-mail address, telephone number and information whether the purchase is made in connection with business activity (whether the Customer is a Consumer),
– in the case of legal persons and organizational units without legal personality, granted legal capacity under provisions of law: company name, REGON (National Business Registry Number) and NIP, address of registered office, e-mail address and telephone number;
- providing information about the delivery address and the entity authorized to collect the delivery;
- designating the delivery method;
- choosing the method of payment.
- Placing an order for product(s) is confirmed by electronic mail (e-mail) and includes:
- an individual order number assigned by the Store, and
- detailed commercial information related to the order, i.e., the Price with all its components and the costs, place, method and date of delivery.
- By placing an order for product(s), the Customer submits an offer to purchase goods from the Store. Sending the confirmation referred to in section 2 above by the Store means acceptance of the offer by the Store.
- The order for product(s) will be processed provided that the product is available in the Store’s warehouse.
- The Store may make the execution of the order dependent on the fulfillment of additional conditions by the Customer.
- The Store will issue a receipt or a fiscal receipt for each Customer’s order. At the Customer’s request, the Store will issue a VAT invoice.
- Consolidation, protection and disclosure of essential provisions of the concluded contract will be made by electronic delivery of a receipt, a VAT invoice or a fiscal receipt to the Customer.
- If the Store finds that all or some of the ordered products are unavailable, the Customer will receive appropriate information by e-mail instead of order confirmation, and the contract is not concluded.
- In this case, the Customer makes decisions about:
- partial order fulfillment, or
- cancelling the entire order,
of which he will inform the Store immediately, no later than within 3 Business Days, also via e-mail. Failure to provide information within the above-mentioned time limit is considered to be the Customer’s resignation from the order. If the Customer chooses partial order fulfillment, the contract is concluded as soon as the new offer is confirmed by the Store via e-mail.
WITHDRAWAL AND CHANGE OF THE ORDER
- The Customer may withdraw the order during the period of its fulfillment.
- The Customer may change the order during the period of its fulfillment via the Customer Account service or the online contact form provided by the Store. The described right expires when the Store sends by e-mail information about the completion of the order fulfillment.
- Withdrawal or changes of the order will be confirmed by the Store via e-mail.
- The Prices of products placed on the website published at the address sklep.oplot.pl are gross prices (i.e., they include VAT at the applicable rate), are expressed in Polish zloty and do not include the cost of delivery.
- The Price of the product is binding for the Store at the time of placing the order by the Customer.
- Changes in product Prices do not affect the Prices set in the orders placed before making these changes.
ORDER FULFILLMENT TIME
- The Store will make every effort to ensure the shortest possible order fulfillment time. Approximate order fulfillment time is 2 to 3 Business Days.
- During order fulfillment, products are completed, properly packed and prepared for shipment using the form of delivery selected by the Customer.
- The Customer will be notified via e-mail about the completion of the order fulfillment and its transfer for shipment.
- Orders witihn EU are delivered via “DPD” courier company a .
- According to the information provided by DPD Poland, the estimated, declared delivery time is:
2/4 Business Days
- The Store is not responsible for non-delivery of products or delay in delivery caused by:
- incorrect or inaccurate address provided by the Customer when placing an order,
- force majeure.
- Delivery costs are determined according to the rates applicable by the above-mentioned Operators.
- Shipment is made from the following address: OPLOT, ul. 6 Sierpnia 58/60, 90-638 Łódź.
- It is possible to collect the goods at the premises of the Store at the following address: ul. 6 Sierpnia 58/60, 90-638 Łódź, after prior arrangement of the pickup time by e-mail or telephone.
FORMS OF PAYMENT
- When placing an order, the Customer may choose one of the following payment methods:
- Electronic Transfer, BLIK, online card payment,
- External Transfer.
- In the event of an overpayment, the Store returns it by bank transfer to the Customer’s bank account.
- If goods ordered by the Customer being the Consumer are inconsistent with the contract, the buyer may demand it to be brought into conformity with the contract by replacing it with a new one, unless repair is impossible or requires excessive costs.
- If products cannot be replaced for the reasons specified in section 1 or if the Store fails to meet such a request in a timely manner, or if the replacement would expose the buyer to significant inconvenience, he has the right to demand an appropriate Price reduction or to withdraw from the contract. It is not possible to withdraw from the contract if the non-compliance of the consumer goods with the contract is insignificant.
- In the event of non-compliance of the delivered products with the contract, the Customer being the Consumer should:
- inform the Store in writing by e-mail to the address email@example.com (or by registered letter sent to the address provided in the Terms and Conditions) about the non-compliance within 30 days from the day on which he found that the delivered products are not compliant with the contract,
- ship back the advertised products via Poczta Polska by economic mail to the following address: the address indicated in the Terms and Conditions, together with the proof of purchase (receipt, fiscal receipt or invoice) and the description of the complaint, request and justification.
- Within 14 (fourteen) days, the Store will respond to the Customer’s complaint by sending to his address by registered letter and e-mail information on the result of the complaint processing and, if the complaint is accepted, information on the time of repair or replacement of the product with a product which is free from defects.
- The Customer being a Consumer has the right to file a complaint within 2 (two) years from the date of delivery of the products covered by the order.
- In the event of a product defect that reduces its value or usefulness, the Customer not being the Consumer has the right to submit a complaint in writing by registered letter or courier within 7 days from the date of the delivery of the products.
- The Customer referred to in section 6 may request a Price reduction or replacement of the product with a new one. The Store considers the legitimacy of the complaint and the mentioned requests and decides which of the requests will be fulfilled. The Store informs the Customer about the decision by e-mail and registered letter within 30 days of receiving the letter referred to in section 6.
- No guarantee is given for any products sold in the Store.
THE RIGHT TO WITHDRAW FROM THE CONTRACT
- The Customer being the Consumer, who makes purchases in the Store, may withdraw from the contract without giving reasons by submitting an appropriate statement in writing within 14 days.
- The fourteen-day period during which the Consumer may withdraw from the contract starts to run on the day on which the Customer had the earliest opportunity to collect the parcel.
- The Customer referred to in section 1 of this article is obliged to return the purchased products in a non-deteriorated condition.
- The returned goods should be shipped back within the time limit specified in section 1 in a non-deteriorated condition together with the received electronic receipt, fiscal receipt or VAT invoice.
- The Store refunds the amounts due for the returned products within 14 Business Days from the date of their delivery to the Store’s address, by bank transfer to the Customer’s bank account.
- Shipping costs are borne by the Customer. The cost of shipping back the returned products is non-refundable.
- The Store does not accept COD shipments sent to it and is not responsible for the costs associated with such shipments.
- The provisions of this section do not apply to Customers not being Consumers.
- By placing an order in the Store, the Customer agrees to the placement of his Personal Data in the Store’s database and to their processing for the purposes of the contract performance.
- The consent referred to in section 1 also covers data processing in the future, for the unchanged purpose of processing.
3.Personal Data is secured by the implementation and use of appropriate technical and organizational measures ensuring data protection against unauthorized processing.
- Providing Personal Data by the Customer and consent to their processing are necessary to fulfill the order by the Store. The Customer bears responsibility for providing false Personal Data.
- The Customer has access to his Personal Data through the Customer Account and can modify them at any time.
- Personal Data are protected in accordance with the Act of August 29, 1997 on the protection of personal data (Journal of Laws No. 133, item 883) in a way that prevents access by third parties.
- In any case, when these Terms and Conditions provide for a refund to the Customer of the money paid by him, the Store reserves that it is not responsible for a failure to refund the amounts paid or a delay in the refund, if:
- despite summoning the Customer – by e-mail to the address provided by him – to send the Store the Customer’s bank account number, the Customer fails to send OPLOT his bank account number, or
- when the answer does not contain data enabling the refund.
- The Store is not responsible for the failure to refund the amounts paid or the delay in the refund if they result from an incorrect address or name or a wrong bank account number provided by the Customer.
- The sale contract is concluded between the Customer and the Store in Polish.
- The availability of information about products on the Store’s website does not imply the availability of these products in the warehouse and the possibility of fulfilling the order.
- The Store is not responsible for any interruptions in the use of the Store’s website due to technical or other reasons beyond its control.
- The Store is not responsible for blocking by mail server administrators the possibility of sending messages to the e-mail address indicated by the Customer and for removing and blocking e-mails by software installed on the computer used by the Customer.
- Differences between the image of the product available in the Store resulting from individual settings of the Customer’s computer (color, proportions, etc.) cannot be the basis for a complaint and return of the purchased product.
- Disputes will be settled by the court having jurisdiction over the address of the entity operating the Store.
- In matters not covered by these Terms and Conditions, the provisions of Polish law apply, in particular the Civil Code and the provisions of the Act on special conditions of consumer sales and amendment to the Civil Code (Journal of Laws No. 141 of 2002, item 1176) and the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws No. 22 of 2000, item 271).
- All product names posted on the Store’s websites are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law Act (Journal of Laws No. 119 of 2003, item 1117).
- These Terms and Conditions apply from March 1, 2012.
- The Store reserves the right to amend these Terms and Conditions. Amendment to these Terms and Conditions becomes effective at the time indicated by the Store, no sooner than 7 days from the moment the amended Terms and Conditions are made available on the Store’s websites.
- Orders placed by Customers before the date of entry of amendments to the Terms and Conditions into force are fulfilled in accordance with its previous provisions.