Shop rules

I. GENERAL PROVISIONS

These Terms and Conditions define the rules of using the online store available at https://emsmartlasers.com.
The EM-Smart online store, operating at https://emsmartlasers.com, is run by Softgraf Systemy Informatyczne i Grafika Komputerowa Marek Nowak, Plebiscytowa 51G, 43-190, Mikołów, NIP: 9540022139, REGON: 271244545. The business activity is registered in the Central Register and Information on Business Activity (CEIDG), run by the Minister responsible for economic affairs. Office telephone number: +48 32 326 09 83.
The use of the online store is possible provided that the IT system used by the Customer meets the minimum technical requirements. In order to use the online store, the Customer should obtain access to a computer station or terminal device with Internet access on their own. To complete the order, it is enough to use any Internet browser.
These Regulations are the regulations referred to in Article 8 of the Act on the provision of services by electronic means.
The Seller provides the following services electronically free of charge:
a) maintains a Customer account through which goods can be purchased,
b) enables Customers to use the Basket services,
c) newsletter.
Each visitor to the https://emsmartlasers.com website has the option of creating their own individual Account in the store database. Registration is done by providing personal and address data, as well as an e-mail address and selecting a login and an individual password for access to the created Account, which is required when logging in. Providing information is necessary to create an Account.
The user has the ability to view the data provided to the administrator and is responsible for their currency and truthfulness.
The moment of conclusion of the agreement for the provision of the service of maintaining the Customer’s account is considered to be the end of the account registration process. The agreement for the provision of the Basket service is concluded when the Customer takes steps to launch the given service by clicking on the appropriately marked button: “Add to basket”. The agreement for the provision of the newsletter service is concluded after signing up for the service by providing an e-mail address.
The Seller provides the Customer with the option to terminate the use of the service provided electronically at any time.
These Regulations specify in particular:
– the rules for registering and using an account within the online store;
– the terms and conditions for placing Orders electronically within the online store;
– the rules for concluding Sales Agreements using the services provided within the Online Store.
The terms used in the Regulations mean:
a) Individual Entrepreneur – a natural person concluding an agreement directly related to the conducted business activity, when the content of this agreement indicates that it does not have a professional character for this person, resulting in particular from the subject of the business activity conducted by him, made available on the basis of the provisions on the Central Register and Information on Business Activity;
b) Customer – a natural person, legal person or organizational unit – having full legal capacity – concluding a sales agreement with the Store using means of distance communication, i.e. using the form and shopping scheme placed on the website www.prospersklep.pl and on the principles specified in the Regulations. In the case of natural persons under 13 years of age, concluding an agreement requires the consent/confirmation of their legal representative. Without such consent, a declaration of will made by a person under 18 years of age is invalid;
c) Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
d) Consumer – a Customer who is a natural person who purchases a Product for purposes unrelated to professional or business activity (within the meaning of art. 221 of the Civil Code);
e) Account – part of the online store, assigned to the Customer in the case of registering an account, identified by means of an e-mail address/login, enabling the user to perform specific actions within the store. For the purposes of creating an Account, the Customer is obliged to provide true data, including: first name, last name, home address, e-mail address;
f) Regulations – these Regulations specifying the general terms and conditions of sale and the rules of providing services electronically within the em-smart.pl online store;
g) Online Store (Store) – internet service available at https://emsmartlasers.com, through which the Customer may, in particular, place Orders;
h) Goods – a movable item in the store’s assortment and presented on its websites, which may be the subject of an Order placed by the Customer.
i) Sales Agreement – a sales agreement for Goods within the meaning of the Civil Code, concluded between em-smart.pl and the Customer, concluded using the Store’s online service;
j) Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended);
k) Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
l) Order – a declaration of will of the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.
Customers can access these Regulations at any time via the link on the home page of the website https://emsmartlasers.com, download them, and print them.
In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the level of risk to the security of the services provided, in particular measures to prevent unauthorized persons from obtaining and modifying personal data sent over the Internet.
The Customer is obliged in particular to:
– use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet,
– not to provide or transmit content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
– use the Online Store in a way that does not disrupt its functioning, in particular through the use of specific software or devices,
– not to take actions such as: sending or placing unsolicited commercial information (spam) within the Online Store,
– use the Online Store in a way that is not burdensome for other customers and for emsmartlasers.com,
– use all content posted within the Online Store only for personal use.

III. DELIVERY

Delivery of the Goods is limited to the area of the European Union and Great Britain and takes place to the address indicated by the Customer when placing the Order.
Delivery of the ordered Goods is carried out via a courier company to the address provided by the Customer in the Order form.
The current price list of delivery costs is available on the website.
It is not possible to collect the Goods ordered in our store in person.
The delivery time is from 2 to 4 business days, and is counted from the day the Customer places the Order. In the case of an ordered device, the delivery time may be extended to 10 business days.
In the case of a consumer purchase at a distance, our Store always bears the risk of accidental damage or loss of goods in transport. If the goods are delivered with obvious damages incurred during transport, we kindly ask you to report such a defect to the carrier as soon as possible and contact us. Delay in reporting such a complaint or establishing contact has no consequences for the statutory claims of the Customer who is a Consumer and their satisfaction, in particular the rights arising from the seller’s liability for the lack of conformity of the goods with the contract. Faster reporting of noticed damages incurred during transport helps us to pursue our own claims against the carrier or transport insurer.
The risk of accidental loss or damage to the Goods passes to the Consumer only on the date the Goods are delivered to the Customer by the courier company.

II. ORDERS

In order to conclude a Sales Agreement via the Online Store, go to the website https://emsmartlasers.com , select SHOP in the menu and select the Product by performing subsequent technical actions based on the messages displayed to the Customer and the information available on the website.
The Customer places Orders via the Store and is available 24 hours a day, 7 days a week. In the event of a technical break, such information appears on the website.
Orders can be placed without registration or with registration. In both cases, the Customer provides his/her personal data.
The Customer selects the Goods to be ordered by adding them to the shopping cart.
The prices of the Goods are given in Polish zloty and in euro for the foreign language version of the website and include all components, including VAT, customs duties and all other components.
Prices visible on the collective product card are net prices. These prices do not include shipping costs, which are added only in the basket window.
After adding a product to the cart, the gross amount and the tax due are displayed, depending on the customer’s status, i.e. whether he or she is an entrepreneur from the Republic of Poland or an entrepreneur from another European Union country.
In the case of entrepreneurs from another European Union country, the final price depends on the entry and correct verification of the entrepreneur’s tax identification number by the store’s IT system.
During the Order placement process – until the button confirming the Order placement is pressed – the Customer has the option to modify the entered data and the selected Product. In order to make modifications, the Customer should follow the messages displayed to them and the information available on the website.
After the Customer using the Online Store has provided all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include, among other things, a description of the selected Goods, the total price and all other costs.
In order to send an Order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the button confirming placement of the Order.
Information about the Goods provided on the Store’s websites constitutes an offer within the meaning of Article 66 of the Civil Code. Sending an Order by the Customer constitutes a declaration of intent to conclude a Sales Agreement with emsmartlasers.com, in accordance with the Regulations.
The customer has the option to pay the price:
– by bank transfer,
– payment via Stripe system,
– Stripe installment payment,
– optional leasing options are available upon request.
1. The Agreement is considered concluded at the moment the Customer’s Order is received in the computer system of the Online Store, provided that the Order complies with the Regulations.
  After the Agreement is concluded, the Customer receives an e-mail containing confirmation of all essential elements of the Order.
2. The essential provisions of the Goods Sale Agreement are recorded, secured, made available and confirmed to the Customer by sending a confirmation printout, Order specification and VAT invoice to the e-mail address provided by the Customer and by attaching a confirmation printout, Order specification and VAT invoice to the shipment containing the Goods.
3. The sales agreement is concluded in Polish and English, with the content consistent with the Regulations, based on the Polish legal system

IV. COMPLIANCE OF THE GOODS WITH THE CONTRACT / MANUFACTURER’S WARRANTY

In relation to Customers who are Consumers, the store is obliged to deliver Goods in accordance with the contract within the meaning of the provisions of the Consumer Rights Act.
In the case of a sales agreement concluded with a Customer who is not a Consumer, pursuant to Article 558 § 1 of the Civil Code, the liability of the Online Store under the warranty for defects in the Goods is excluded.
Complaints can be submitted:
– in writing to the following address: Softgraf Information Systems and Computer Graphics Marek Nowak, Plebiscytowa 51G, 43-190, Mikołów,
– via e-mail to the following address: kontakt@softgraf.pl.
In the submitted complaint it is recommended to (1) provide information regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) specify the request regarding the method of removing the defect (replacement of the product with a new one, repair of the product, reduction of price, withdrawal from the contract – if the defect is significant); and (3) provide contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Store. The recommendations specified in the previous sentence take the form of non-binding guidelines only and do not in any way affect the effectiveness of complaints submitted without providing the recommended information.
In the event of exercising the rights arising from the liability for the lack of conformity of the Goods with the contract – if we consider it necessary to consider the complaint – the Customer is obliged to deliver the Goods that are not in conformity with the contract at our expense to the postal address indicated above. If, due to the type of the Goods or the way they are installed, their delivery would be excessively difficult, the Customer is obliged to make them available to us at the place where they are located. We undertake to respond to the complaint immediately, no later than within 14 days from the date of its submission.
emsmartlasers.com is not a manufacturer of the Goods and does not provide an additional guarantee for the Goods sold. The manufacturer may be liable under the guarantee for the Goods sold by the online store on the terms and for the period indicated in the guarantee card. If the guarantee document provides for such a possibility, the Customer may also submit their claims under the guarantee directly to an authorized service center, the address of which is provided in the guarantee card. The guarantee does not exclude, limit or suspend the rights of the Customer who is a Consumer resulting from the provisions on the seller’s liability for the lack of conformity of the Goods with the contract.

V. WITHDRAWAL FROM THE AGREEMENT

Customers who are Consumers or Individual Entrepreneurs have a 14-day period to withdraw from the contract. Other entrepreneurs do not have the right to withdraw from the contract.
The Consumer or Individual Entrepreneur has the right to withdraw from the contract without giving any reason. The period for withdrawal from the contract expires after 14 days from the day on which the Customer came into possession of the Goods or on which a third party other than the carrier and indicated by the Customer as the recipient came into possession of the Goods.
In order to exercise the right to withdraw from the contract, the Customer should inform the seller (i.e. Softgraf Systemy Informatyczne i Grafika Komputerowa Marek Nowak, Plebiscytowa 51G, 43-190 Mikołów, kontakt@softgraf.pl, Phone: +48323260983) of their decision to withdraw from the contract by submitting an unequivocal statement (in a letter sent by post, fax or e-mail). The Customer may use the model withdrawal form, but this is not obligatory (link to the form:).
In order to meet the deadline for withdrawal from the contract, it is sufficient for the Customer to send information regarding the exercise of the right to withdraw from the contract before the deadline for withdrawal expires.
In the event of withdrawal from the contract, the seller returns all payments received to the Customer, except for the cost of the transport service related to the return of the Goods. The cost of return shipping based on the bill of lading sent by our store is: PLN 26.40 gross in Poland and EUR 35.00 from the European Union and Great Britain. We will refund the payment using the same payment methods that were used by the Customer in the original transaction, unless the Customer indicates another solution. The refund will be charged with the amount of the return shipping if the store has incurred the costs of the return shipping. The store may withhold the refund until the Goods are received or until we are provided with proof of their return, depending on which event occurs first.
The Goods should be returned to the address Softgraf Systemy Informatyczne i Grafika Komputerowa Marek Nowak, ul. Plebiscytowa 51G, 43-190 Mikołów, immediately and in any case no later than within 14 days from the date on which the Customer submitted a declaration of withdrawal from the contract. The deadline is considered to have been met if the Customer returns the Goods before the expiry of the aforementioned 14-day period.
The Customer is liable for any reduction in the value of the item resulting from using it in a manner other than necessary to establish the nature, characteristics and functioning of the item.
The right to withdraw from the contract by the consumer is excluded, among others, in the case of:
- a contract under which the subject of the provision is a non-prefabricated item, manufactured according to the Customer’s specifications or intended to meet their individual needs,
- a contract in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawal from the contract expires.

VI. OUT-OF-COURT COMPLAINT AND CLAIM SETTLEMENT PROCEDURES

We inform you that there are possibilities of using out-of-court methods of handling complaints and pursuing claims. Using them is voluntary and can only take place when both parties to the dispute agree to it:
– The consumer may submit an application to initiate proceedings for the out-of-court resolution of consumer disputes concerning the concluded Sales Agreement to the Trade Inspection, in accordance with Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended).
– The Consumer may also file a request for the resolution of a dispute concerning the concluded Sales Agreement by a permanent arbitration court operating at the relevant provincial inspectorate of the Trade Inspection, in accordance with Art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended).
– The European Commission also provides a platform for online dispute resolution between Consumers and Traders (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/ .
The consumer may obtain free assistance in resolving a dispute between the consumer and the seller, also using the free assistance of the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation on the free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porad@dlakonsumentow.pl .
Detailed information on the possibility of using out-of-court complaint and claim settlement methods by a Customer who is a consumer and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php
http://www.uokik.gov.pl/sprawy_indywidualne.php
and
http://www.uokik.gov.pl/wazne_adresy.php .
The entity authorized to out-of-court resolution of disputes between sklep.softgraf.pl and the Consumer is: Voivodeship Inspectorate of Trade Inspection in Katowice.

VII. PERSONAL DATA PROTECTION

The Seller declares that, as the controller of personal data, it protects the personal data of Customers on the principles and in accordance with the applicable provisions in the field of personal data protection, in particular the provisions of Regulation (EC) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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 Store declares that it applies technical and organizational measures to ensure the protection of processed data appropriate to the threats and categories of data subject to protection, and in particular protects the personal data of Customers against unauthorized access, loss or damage.
During the procedure of ordering Goods, the Customer voluntarily provides his/her personal data to the extent required by the store.
Personal data obtained by the store will be processed by the store for the purpose of:
- provision of services referred to in these Regulations,
- settlement of payments for ordered products,
- pursuing claims for payment for placed orders,
- and, if the Customer has consented, sending information about the Seller’s products/services electronically (marketing purposes/newsletter).
The Client’s personal data are processed:
- for the period necessary to complete the sale, settle payments and pursue claims, and in connection with mandatory provisions requiring the seller to process data after the transaction has been completed;
- in the case of processing based on consent, personal data are processed until the consent is withdrawn, and the withdrawal of consent does not affect the lawfulness of the processing carried out on the basis of consent before its withdrawal.
At any time, the Customer may oblige the seller, by sending an appropriate inquiry, including by e-mail, to provide information about the status of the processed personal data concerning his person. In the event of sending a request by e-mail, the seller may verify the truthfulness of the inquiry.
The customer has the right to request the deletion, supplementation or change of personal data processed by the seller.
Customer data is not profiled by the seller.
Detailed information for Customers regarding the processing of personal data, including the purposes, the basis for processing with an indication of the provisions of law, processing periods and their rights are provided to Users each time they obtain personal data from them. Additionally, detailed data on the processing of personal data by the Service Provider are included at the address: https://emsmartlasers.com/en/privacy-policy

VIII. OTHER PROVISIONS

com takes steps to ensure the proper operation of the Online Store, to the extent that results from the current technical knowledge, and undertakes to remove any irregularities reported by Customers within a reasonable period of time.
The Client may notify us of any irregularities or interruptions in the functioning of the Online Store service. Please report irregularities related to the functioning of the Store by e-mail to the following address: office@emsmartlasers.com.
In a complaint regarding irregularities related to the operation of the Online Store service, please indicate the type and date of the irregularity.
We undertake to respond to the complaint immediately, no later than within 14 days from the date of its submission.
Any disputes arising between emsmartlasers.com and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over our registered office.
In matters not regulated in these Regulations, the provisions of applicable law shall apply, in particular the provisions of the Act of 23 April 1964, the Civil Code (Journal of Laws No. 16, item 93, as amended) and the Act on Consumer Rights. In the event of any conflict between these Regulations and the rights of Customers and provisions resulting from generally applicable provisions, the generally applicable provisions of Polish law shall apply.
The change to the Regulations does not affect those transactions in which the Customer placed an Order for a given Product in the store before the changes to the Regulations came into force.
These regulations are effective from 01.03.2025.