§ 1 Introductory provisions
1) The SOLIDELE online store, available at the Internet address www.solidele.audio, is operated by SOLIDELE Sp. z o.o. with its registered office in Rzeszów, entered into the National Court Register by the District Court in Rzeszów, XII Commercial Department of the National Court Register under KRS number 0000786945, NIP 8133813462, REGON 383395183
§ 2 Definitions
1. Seller - SOLIDELE Sp. z o.o. with its registered office in Rzeszow, Szymanowskiego 8, postal code 35-328, entered in the National Court Register by the District Court in Rzeszow, XII Commercial Department of the National Court Register under KRS number 0000786945, NIP 8133813462, REGON 383395183.
2. Customer - any entity making purchases through the Store.
3. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing a business on its own behalf, which uses the Store.
4. Store - online store operated by the Seller at the Internet address www.solidele.audio
5. distance contract - a contract concluded with a Customer within an organized system of contract conclusion at a distance (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
6. Rules and Regulations - these rules and regulations of the Store.
7. Order - a declaration of will of the Customer made by means of the Order Form and aimed directly at concluding a Contract for Sale of a Product or Products with the Seller.
8. Account - Customer's account in the Store, which stores data provided by the Customer and information about Orders placed by him/her in the Store.
9. Registration form - a form available in the Store that allows you to create an Account.
10. Order Form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including delivery and payment methods.
11.Basket - an element of the Store's software in which the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the details of the Order, in particular the quantity of products.
12. Product - a movable item/service available in the Store, which is the subject of a Sales Agreement between the Customer and the Seller.
13. Sales Agreement - a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.
§ 3 Contact with the Store
1. e-mail address of the Seller: email@example.com
2. phone number of the Seller: +48 794 007 146
3. Postal address: SOLIDELE Sp. z o.o. 8 K.Szymanowskiego St., 35-328 Rzeszów
4. bank account number of the Seller 47 1020 4391 0000 6702 0190 8888
5. The Customer may communicate with the Seller using the addresses and telephone numbers specified in this paragraph.
6. The Customer may communicate with the Seller by telephone between 10:00 and 16:00 hours.
§ 4 Technical requirements
In order to use the Store, including browsing the Store assortment and placing orders for Products, the following are necessary:
a) A terminal device with access to the Internet and a web browser such as Microsoft Edge, Google Chrome, Firefox, Internet Explorer,
b) an active electronic mail (e-mail) account,
c) cookies enabled,
d) FlashPlayer installed.
§ 5 General information
1. To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Internet Store with the technical infrastructure of the Customer.
2. Browsing the assortment of the Store does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data to enable the execution of the Order without creating an Account.
3. The price quoted by the seller in the Store includes all taxes and public charges (gross price). The price does not include transportation costs and additional charges resulting from the form of payment chosen by the buyer.
The buyer is informed before placing an order about the transportation costs and other additional charges charged to him. The seller informs before the buyer places the order about the transportation costs and, in the case of cash on delivery payment, also about the amount of the handling fee.
The seller reserves the right to demand a down payment, in case of ordering goods of significant value, if the buyer orders goods payable on delivery. The buyer is informed of this demand before placing the order.
If the buyer uses credit, the costs of this credit are not part of the price of the goods and the seller does not inform about their amount. The amount of credit costs should be informed by the creditor.
4. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transportation, delivery and postal services), of which the Customer is informed on the pages of the Store during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Agreement.
5. When the nature of the subject matter of the Agreement does not allow, reasonably judging, to calculate in advance the amount of the final price, information about the manner in which the price will be calculated, as well as about transportation, delivery, postal service fees and other costs, will be provided in the Store in the Product description.
§ 6 Creating an Account in the Store
1. To set up an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: First and Last Name, delivery address, telephone number and e-mail address.
2. Setting up an Account in the Store is free of charge.
3. Logging into the Account is done by providing the login and password established in the Registration Form.
4. The Customer shall have the opportunity at any time, without giving any reason and without incurring any fees for this, to delete the Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses specified in § 3.
§ 7 Rules of placing an Order
In order to place an Order you should:
1. log in to the Store
2. select the Product that is the subject of the Order, and then click the "To cart" button (or equivalent);
3. log in or use the option of placing an Order without registration;
4. if the option of placing an Order without registration has been chosen - fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
5. click the "Order and pay" button and confirm the order by clicking on the link sent in the email,
6. select one of the available payment methods and, depending on the payment method, pay for the order within the specified time limit, subject to § 8.3.
§ 8 Delivery and payment methods and terms offered
1. The Customer may use the following methods of delivery or collection of the ordered Product:
a. Courier delivery,
b. Cash on delivery courier service.
2. The Customer may use the following payment methods:
a. Payment by cash on delivery,
b. payment by bank transfer to the Seller's account,
c. electronic payment in PayU system.
3. information on delivery of ordered goods, expected delivery date and accepted payment methods:
Detailed information about the available payment methods and about the options for choosing a courier company, prices for delivery services and delivery times can be found on the Store's website.
The term of delivery of an order to a buyer who is a consumer may not exceed 30 days from the date of conclusion of the contract. If the seller fails to meet the deadline referred to in the previous sentence, the consumer may withdraw from the contract.
In the event that the delivery date is extended beyond the time indicated on the Store's website or at the time of placing the order, the seller is obliged to contact the buyer to inform him of the change in the delivery date.
The buyer is notified via e-mail or telephone about the transfer of goods to the carrier and the expected date of delivery. At the request of the buyer, the seller shall send him a certified copy of the document confirming the transfer of the goods to the carrier.
The carrier is obliged to deliver the goods to the place indicated by the buyer in the order. In the case of an order for goods with a total weight of up to 30 kg, the carrier's obligation also includes carrying the ordered goods up the stairs.
Upon receipt of the shipment, the buyer is obliged to check its condition, and in case of damage - to immediately inform the carrier and write a protocol stating the damage, as well as immediately inform the seller of the damage.
§ 9 Execution of Sales Agreement
1. The conclusion of the Contract of Sale between the Customer and the Seller shall take place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
2. After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Client a relevant e-mail message to the Client's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3. If the Customer chooses:
a. payment by bank transfer or electronic payment, the Customer is obliged to make payment within 5 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be cancelled,
b. payment by cash on delivery, the Customer is obliged to make payment on delivery.
4. If the Customer has chosen a method of delivery other than personal collection, the Product will be dispatched by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
5. The beginning of the period for delivery of the Product to the Customer shall be calculated as follows:
a. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.b. If the Customer chooses the payment method on delivery - from the date of conclusion of the Sales Agreement,
6. In case of ordering Products with different dates of readiness for collection, the date of readiness for collection shall be the longest date given.
7. In the case of an order of Products with different dates of readiness for collection, the Customer has the option to collect the Products in parts (according to their readiness for collection) or to collect all the Products after completing the entire order.
8. The beginning of the period when the Product is ready for collection by the Customer shall be calculated as follows:
If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
§ 10 Right of withdrawal from the contract
1. The Consumer may within 14 days withdraw from the Sales Agreement without giving any reason.
2. The running of the period specified in paragraph 1 shall begin from the delivery of the Product to the Consumer or a person designated by the Consumer other than the carrier.
3. In the case of an Agreement that includes multiple Products that are delivered separately, in batches or in parts, the period specified in paragraph 1 shall run from the delivery of the last item, batch or part.
4. The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Contract, it is sufficient for the Consumer to send the statement before the deadline.
5. The statement may be sent by traditional mail or electronically by sending a statement to the Seller's e-mail address or by submitting a statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on the form, the template of which is attached as Appendix No. 1 to these Regulations and the Appendix to the Act of May 30, 2014 on Consumer Rights, but it is not mandatory.
6. If the statement is sent by the Consumer electronically, the Seller will immediately send to the Consumer at the email address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
7. Effects of withdrawal from the Agreement:
a. In the case of withdrawal from the Contract concluded at a distance, the Contract shall be considered not concluded.
b. In the event of withdrawal from the Contract, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Contract, all payments made by the Consumer, including the costs of delivering the item, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller.
c. The Seller will refund the payment using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him.
d. The Seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.
e. The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period.
f. The Consumer shall bear the direct costs of returning the Product
g. The Consumer shall be liable only for the diminished value of the Product resulting from the use of the Product in a manner other than necessary to ascertain the nature, characteristics and functioning of the Product.
8. If, due to the nature of the Product, it cannot be sent back in the usual way by mail, information about this, as well as about the cost of returning the Product, will be located in the description of the Product in the Store.
9. The right of withdrawal from a contract concluded at a distance is not granted to the Consumer in relation to the Contract:
a. in which the subject of performance is a non-refabricated item, produced to the Consumer's specifications or serving to meet his individualized needs,
b. for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who was informed before the start of the service that after the performance by the Seller will lose the right to withdraw from the Agreement,
c. in which the subject of the provision are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery,
d. for the delivery of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the Agreement and after the Seller has informed him about the loss of the right to withdraw from the Agreement
§ 11 Complaint and warranty
1. The Contract of Sale covers new Products.
2. The Seller shall be obliged to provide the Customer with a defect-free item.
3. In the event of a defect in the goods purchased from the Seller, the Customer shall have the right to make a complaint based on the warranty provisions of the Civil Code.
4. A sample complaint form is attached as Appendix No. 2 to these Regulations.
5. It is recommended to include in the complaint, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer making the complaint, and the Customer's request in connection with the defect of the goods.
6. The Seller shall respond to the complaint request immediately, no later than within 14 days, and if it does not do so within this period, it shall be deemed that the Customer's request is considered justified.
7. Goods sent back under the complaint procedure should be sent to the address specified in § 3 of these Regulations.
8. If a warranty has been granted for a Product, information about it will be included in the description of the Product in the Store. The Seller will also attach the warranty card to the sold Product.
§ 12 Out-of-court ways of handling complaints and pursuing claims
1. Detailed information on the possibility for the Consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following examples of out-of-court ways of handling complaints and claims:
a. The Consumer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
b. The Consumer is entitled to apply to the provincial inspector of the Commercial Inspection, in accordance with Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
c. The Consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).
§ 13 Personal data in the Online Store
1. The administrator of Customers' personal data collected via the Online Store is the Seller.
2. Customers' personal data collected by the administrator through the Online Store are collected for the purpose of implementing the Sales Agreement, and if the Customer agrees - also for marketing purposes.
3. Recipients of personal data of Customers of the Online Store may be:
a. In the case of a Customer who uses the method of delivery by mail or courier service in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.
b. In the case of a Customer who uses electronic or credit card payment method in the Online Store, the Administrator shall make the collected personal data of the Customer available to a selected entity handling the above payments in the Online Store.
4. The Customer has the right to access the content of his data and to correct them.
5. Provision of personal data is voluntary, although failure to provide the personal data indicated in the Terms and Conditions necessary for the conclusion of the Sales Agreement results in the inability to conclude this agreement.
§ 14 Final provisions
1. Contracts concluded through the Online Store are concluded in the Polish or English language.
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws, changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
3. Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on Provision of Electronic Services; Act on Consumer Rights, Act on Personal Data Protection.