Smart Armaments Online Store Terms and ConditionsThese Regulations sets out the general terms, conditions, and manner of sales doing business under the legal name Adrian Orzeł Consulting entered into the Central Register and Information on Economic Activity of the Republic of Poland (CEIDG) kept by the minister responsible for economy, domiciled in Zabrze at the following address: ul. Św. Jacka 23/6, 41-800 Zabrze, NIP: 6482777485, REGON: 364126383, through the online store smartarmaments.com (hereinafter: “Online Store”)
- Working days – means weekdays from Monday to Friday excluding bank holidays.
- Delivery – means the physical act of approach to provide the Customer by the Seller, through the Supplier, the Goods specified in the order.
- Supplier – means an entity with which the Seller operates in carrying out deliveries of Goods by Poczta Polska (The Polish Post S.A.) with its registered office in Warsaw;
- Password – is a string of letters, digits, or other characters selected by the customer during the Registration in the Online Store, used to protect access to customer accounts in the Online Store.
- Customer – is the entity for which compliance with the Regulations and laws can be provided in order to carry out services that may be concluded electronically or an entity with whom a contract of sale may be concluded.
- Consumer – means any natural person making the entrepreneur legal action not related directly to his business or professional activity.
- Customer Account – means an individual panel for each Customer, run on his behalf by the Seller, after the Customer Registration and conclusion of the contract for the service of carrying customer accounts.
- Login – means the individual identification of the Customer, established by the Customer, consisting of a string of letters, digits, or other characters, required along with the Password to found a Customer Account in the Online Shop. The login is an appropriate email address of the Customer.
- Entrepreneur – means a natural person, legal person or organizational unit who is not a legal entity, in which the law recognizes the legal capacity, leading in their own name a business or professional activity and making the legal actions directly related to his trade or profession.
- Regulations – means these terms and conditions.
- Registration – means the physical act made in the manner as prescribed in the Regulations, required for use by the Customer of the Online Store with all the functionality.
- Seller – Adrian Orzeł Consulting entered into the Central Register and Information on Economic Activity of the Republic of Poland (CEIDG) kept by the minister responsible for economy, domiciled in Zabrze at the following address: ul. Św. Jacka 23/6, 41-800 Zabrze, NIP: 6482777485, REGON: 364126383, who is also the owner of the Shop.
- Online Store – means all the websites under which the Seller is leading the Online Store, operating in the common domain of smartarmaments.com
- Goods – means the product described by the Seller through the Online Store, which could be subject to the agreement of sale.
- Sales Agreement – a contract of sale is concluded at a distance, on the terms specified in the Regulations, between the Customer and the Seller.
2 General provisions and use of the Online Store
- All rights to the Online Store, including copyrights, intellectual property rights to its name, the Internet domain, Online Store, as well as patterns, forms, logos appearing on the Online Store (except for logos and images presented on the Online Store for presentation purposes of the goods to which the copyrights belong to third parties) belong to the Seller, and using them can take place only in the manner specified and in accordance with the Rules and after consent of the Seller is expressed in writing.
- The Seller applies the “cookies” mechanism ensuring that when the Online Store is used by the Customer, “cookie” files are sent for storage by the Sellers server onto the Customer’s terminal’s hard disk. The use of “cookies” is to ensure the proper functioning of the Online Store on the Customer’s terminal equipment. This mechanism does not damage the Customer’s terminal device, and does not change the configuration of the terminal devices or any software installed on these devices. Every customer can disable the “cookies” in the web browser of their terminal. The Seller indicates however that the exclusion of “cookies” may give rise to difficulties or an inability to access the Online Store.
- In order to place an order via the Online Store and to use the services available on the Internet sites of the Store, the Customer must have an active email account.
- It is prohibited to the Customer to provide illegal content or use of the Customer Online Store, Online Store or free services provided by the Seller in a manner contrary to law and morality or that violates personal rights of third parties.
- The Seller informs that the public nature of the Internet and the use of services provided by electronic means may be associated with the risk of acquiring and modifying of Customer data by unauthorized persons, so Customers should apply appropriate technical measures to minimize the risks mentioned above. In particular, they should use anti-virus software as well as software designed to protect their identity while using the Internet. The Seller never asks the Customer to grant him access to the Customer’s passwords in any form.
- Registration is not required to place an order in the Online Store.
- In order to register, the Customer must complete the registration form provided by the Seller on the Online Store’s website and send the completed registration form electronically to the Seller by choosing appropriate functions contained in the registration form. During the Registration the Customer establishes an individual password.
- While filling out the registration form, the Customer has the opportunity to become familiar with the Regulations, accepting its contents by marking the appropriate box on the form.
- The Customer can place orders in the Online Store 7 days a week, 24 hours a day.
- When placing an order through the Online Store, the Customer completes the order by selecting product(s) they are interested in. Adding Goods to the cart is done by selecting the “ADD TO CART” option under the Goods presented on the Online Store’s website. After the completion of the whole order and identifying the method of delivery and payment method in the “CART” section, the Customer places an order by sending the order form to the Seller, by selecting the “PLACE ORDER WITH OBLIGATION TO PAY” option. Before each shipment of the order form to the Seller, the Customer is informed of the total price for the chosen Goods and Delivery, as well as all additional costs that are required to pay in connection with the Contract of sale.
- Placing an order is a submission of an offer made by the Customer to the Seller to enter into contracts of sale of the Goods covered by the contract.
- After placing an order, the Seller shall send an email confirmation of its submission to the e-mail address provided by the Customer.
- After confirmation of the order, the Seller shall send to the email address provided by the Customer an acknowledgment of the order for execution. Information about the acceptance of an order is a statement of acceptance of the offer referred to in §4.4 above made by the Seller and the date of its receipt by the Customer is considered the date when the Agreement for the sale is concluded.
- After the conclusion of the Sales Agreement, the Seller confirms the Customer the terms, sending them on a lasting medium to the email address provided by the Customer, or in writing to the address indicated by the Customer during the registration or ordering process.
- The prices on the Online Store included with the price of the Goods are gross and do not include information on delivery costs and any other costs that the Customer will be required to pay in connection with the Contract of sale, of which the Customer will be informed when choosing a method of delivery, and ordering.
- The customer can choose the following methods of payment for the Goods:
- a) bank transfer to the Seller’s bank account (in this case, the performance of the contract will be initiated after sending the order confirmation to the Customer by the Seller and shipment will be effected immediately after receipt of the funds to the Seller’s bank account);
- b) transfer via external payment systems such as Sofort Banking, iDEAL, EPS, GiroPay, Klarna Pay, and Przelewy24 operated by Mollie B.V., with offices at Keizersgracht 313, 1016 EE Amsterdam (in this case the performance of the contract will be initiated after sending the confirmation to the Customer by the Seller of the contract and upon receipt by the Seller of information from the Mollie B.V. system of payments);
- c) credit card (Visa, Visa Electron, MasterCard, Maestro, MasterCard Electronic), supported by Mollie B.V., with offices at Keizersgracht 313, 1016 EE Amsterdam (in this case the performance of the contract will be initiated after sending the confirmation of order to the Customer by the Seller and receiving information about the successful completion of the payment from Mollie B.V.);
- The Customer is always informed by the Seller’s Online Store of the time in which he is obliged to make the payment for their order in the amount resulting from the sale of the signed Agreement.
- In the event of lack of payment by the Customer in the time specified in §5.3, the Seller shall designate the Customer additional time for payment and notify the Customer at a lasting medium. Information on the additional time for payment shall indicate that after the expiry of that period, the Seller withdraws from the Sales Agreement. In the case of ineffective expiry of the second deadline for payment, the Seller will send to the Customer, with use of a lasting media, a statement of withdrawal from the contract on the basis of Art. 491 of the Civil Code.
- The seller performs Delivery within Europe and North America
- The seller is obliged to deliver the Goods at issue in the Sales Agreement without flaws
- The Seller shall publish on the Online Store information about the number of Business Days required for delivery and performance of the contract.
- The time of Delivery and contract fulfillment is indicated on the Online Store and is calculated in Business Days in accordance with §5.2.
- The ordered goods are delivered to the Customer via the Supplier at the address indicated in the order form.
- Upon dispatch of the Goods to the Customer (if personal collection of the Goods was not selected) a message confirming the dispatch of Goods will be sent to the email address provided by the Customer by the Seller.
- The Customer should examine the consignment delivered to them in time and in a manner acceptable to the shipments of that type in the presence of an employee of the Supplier. In case of loss or damage to the shipment, the Customer has the right to require the employee to write down the proper damage protocol as provided by the Supplier.
- The Seller, in accordance with the will of the Customer, shall attach to the Goods being the subject of delivery either a receipt or an invoice covering the delivered goods.
- In the absence of the Customer at the address indicated by him upon ordering, an employee of the Supplier will either leave a notification or attempt to contact the Customer by telephone in order to determine the date on which the Customer will be present. In the case of a return of the Goods by the Supplier, the Seller will contact the customer by email or phone in order to determine the new time and cost of delivery.
- The Seller provides the delivery of Goods free of physical and legal defects. The Seller shall be liable to the Customer if the Goods are delivered with either a physical of legal defect (warranty).
- If a product has a defect, the Customer can:
- a) make a declaration to reduce prices or to terminate the contract of sale, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective product for one free from defects or removes the defect.
- b) require the replacement of the defective Goods for Goods free of defects or defect removal. The Seller is obliged to replace the defective product for one free of defects or to remove the defect within a reasonable time without undue inconvenience to the Customer.
- The Customer, who shall exercise the powers under warranty, is obliged to provide for defective Goods to be delivered to the Seller’s address. In the case of a Customer who is a Consumer the cost of providing is covered by the Seller.
- The seller shall be liable under the warranty if physical defect is found before the expiry of two years from the date of the delivery of the Goods to the Customer. The claim for the removal of defects or replacement of the Goods to be free from defects expires after a year, but the term can not be completed before the deadline specified in the first sentence. At that time, the Customer may terminate the contract of sale, or to make a statement about the price reduction because of defects in the Goods. If the Customer demanded replacement of the Goods to be free from defects or to remove the defect, the deadline to withdraw from the sales agreement or a statement about reducing the price begins when the deadline to replace the Goods or remove the defect expires ineffectively.
- Any complaints relating to the Goods or performance of the Agreement of sale may be made in writing to the address of the Seller.
- The Seller shall, within 14 days of the receiving of the complaint, shall refer to the complaints on Goods or claims related to the implementation of the Agreement reported by the Customer.
9 Termination of the Sales Agreement
- The Customer who is a Consumer who has entered into a Sale Agreement may, within 14 days, withdraw from it without giving any reason.
- The deadline to withdraw from the Sales Agreement starts since taking possession of the Goods by the Customer.
- In the event of cancellation of the Sale Agreement, the Agreement is considered null and void.
- If the Customer has made a statement to terminate the contract of sale before the Seller accepted the offer, the offer ceases to be binding.
- The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the declaration from the Customer, to terminate the Sales Agreement and refund all payments made by the Customer to the Seller, including the original cost of delivery. The Seller may withhold the refund of payments received from the Customer until the moment of the return of the Goods by the Customer or providing of proof of sending of the Goods, depending on which event occurs first.
- If the Customer using the right to withdraw has chosen a method of delivery of the Goods other than the usual cheapest manner of supply offered by the Seller, the Seller shall not be required to reimburse the additional costs to the Customer.
- The Customer is required return the Goods to the Seller immediately, but no later than within 14 days from the date on which the Customer has withdrew from the Sales Agreement. To comply with this deadline simply return the Goods to the address:
- Name: Adrian Orzel Consulting,
- Address: ul. Sw. Jacka 23/6,
- Zip Code: 41-800
- City: Zabrze
- Country: POLAND
- In the event of cancellation the Customer is responsible only for the direct costs of returning the Goods.
- If, due to its nature, the Goods can not normally be returned by mail, the Seller shall notify the Customer of the cost of returning the goods on the Online Store’s website.
- The Customer is responsible for the reduction in the value of the Goods as a result of using it in a way that goes beyond a necessary to establish the nature, characteristics and functioning of the Goods.
- The Seller shall refund the payment using the same method of payment which was used the customer, unless the Customer has expressly agreed to a different way of return, which does not incur any costs on the Customer.
10 Protection of personal data
- The administrator of personal information voluntarily provided to the Seller during the Registration, ordering placing and in the provision of electrical services by the Seller or in other circumstances as set out in the Regulations, is the Seller.
- The Seller processes personal information for the purpose of Customer orders, providing electronic services and other objectives set out in the Regulations. The data is processed exclusively by law or Consent by the customer.
- The collection of personal data provided to the Seller by the Seller is reported to the Inspector General for Personal Data Protection.
- Personal data provided to the Seller are given to him freely, provided, however, that failing to provide the data specified in the Regulations for the Registration process prevents Registration and the establishment of Customer Accounts, and prevents the submission and execution of Customer orders in case of a contract without Registration of a Customer Account.
- Anyone who gives the Seller his personal information has the right of access their content and to correct them.
- The Seller provides the ability to remove personal data from the database, especially in the case of the removal of the Customer Accounts. Seller may refuse to remove personal data if the customer fails to pay all amounts due to Seller or breach of the applicable law, and the keeping of personal data is necessary to explain the circumstances and determine the liability of the Customer.
- The Seller protects your personal data transferred to it and makes every effort to protect them from unauthorized access or use.
- The Seller transmits personal data of the Customer to the Supplier to the extent necessary to carry out deliveries.
- If the Customer selects the payment through the external payment systems his personal data are transmitted to the extent necessary for the implementation of payments to the Mollie B.V., with offices at Keizersgracht 313, 1016 EE Amsterdam
11 Termination (not applicable to the Sales Agreement)
- Both the customer and the Seller may terminate the provision of electronic services at any time and without giving reasons, with subject to the rights acquired by the other party before the dissolution of the above Agreement and the provisions below.
- The customer who has registered terminates the contract for the provision of electronic services by sending to the Seller an appropriate declaration of will, by any means of communication at a distance enabling the statement to be read by the Seller.
12 Final Provisions
- The seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts with customers who are Entrepreneurs seller is liable only for willful causing damage and limits the losses to those actually incurred to the Customer being Entrepreneur.
- The content of these Rules may be perpetuated through printing, copying or downloading at any time from the Online Store.
- In the event a dispute arises under a Sales Agreement already concluded, the parties will seek to resolve the matter amicably. The law applicable to any dispute arising under these Regulations is the Polish law.
- Each customer can benefit from non-judicial means of dealing with complaints and redress. In this respect, it is possible to use mediation by the Customer. Permanent list of mediators and mediation existing centers are transferred and made available by the Governing of appropriate District Courts.
- Every Customer can benefit from non-judicial means of dealing with complaint and redress. In this regard, it is possible for the Customer to enforce the help of a mediator. Lists of existing permanent mediators and mediation centers are made available by the Presidents of appropriate District Courts. The Customer who is a consumer can also use extrajudicial means of complaint and redress by filing a complaint at the EU’s ODR internet platform available at: http://ec.europa.eu/consumers/odr/
- The Seller reserves the right to change these Terms and Conditions. All orders accepted by the Seller to be carried out prior to the entry into force of the new Rules are based on the Rules of Procedure, which was in force at the date of the order by the Customer. Amendments to the Regulations enter into force within 7 days of the publication on the Online Store. The Seller shall notify the Customer 7 days prior to the entry into force of the new Regulations to amend the Regulations by means of electronic message containing a link to the text of the amended Regulations. In case the customer does not accept the new Regulations he is obliged to notify the Seller of this fact, which results in termination of the contract in accordance with the provisions of §11.