I. GENERAL PROVISIONS

  1. These Regulations define the rules for using the online store available at https://emsmartlasers.com.
  2. 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. Activities the business is registered in the Central Registration and Information on Economic Activity (CEIDG), kept by the Minister responsible for economy. Office phone number: +48 32 326 09 83.
  3. 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 his own. To complete the order, just use any web browser.
  4. These Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services.
  5. The Seller provides the following services free of charge electronically:
    1. maintains a Customer account through which goods can be purchased,
    2. enables Customers to use the Cart services,
    3. newsletter.
  6. Every visitor to the https://emsmartlasers.com website has the opportunity to create their own individual Account in the store’s database. Registration takes place by providing personal and address data, as well as an e-mail address and selecting a login and an individual password to access the created Account, which is required when logging in. Providing information is necessary to create an Account.
  7. The user has the opportunity to view the data provided to the administrator and is responsible for its validity and accuracy.
  8. The moment of conclusion of the contract for the provision of the service of maintaining the Customer’s account is the completion of the account registration process. The contract for the provision of the Basket service is concluded when the Customer takes steps to launch a given service by clicking on the appropriately marked “Add to Cart” button. The contract for the provision of the newsletter service is concluded after subscribing to the service by providing an e-mail address.
  9. The Seller provides the Customer with the opportunity to terminate the use of the service provided electronically at any time.
  10. These Regulations specify in particular:
    • rules for registering and using the account in the online store;
    • terms and principles of electronically placing Orders in the online store;
    • rules for concluding Sales Agreements using the services provided within the Online Store.
  11. The terms usedin the Regulations mean:
    1. Individual Entrepreneur – a natural person concluding a contract directly related to the business activity conducted, when the content of this contract shows that it is not of a professional nature for this person , resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity;
    2. Customer– a natural person, a legal person or an organizational unit – with full legal capacity – concluding a contract with the Store using means of communication remotely, i.e. using the form and purchasing scheme available on the website www.prospersklep.pl and on the terms specified in the Regulations, a sales contract. In the case of minor natural persons who are over 13 years of age, concluding a contract 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;
    3. Civil Code– Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) ;
    4. Consumer– Customer who is a natural person who purchases the Product for purposes unrelated to professional or business activity (within the meaning of Article 221c.);
    5. Account – part of the online store, assigned to the Customer when registering an account, identified by e-mail address/login, enabling the user performing specific actions within the store. For the purposes of creating an Account, the Customer is obliged to provide true data, including: name, surname, residential address, e-mail address;
    6. Regulations– these Regulations specifying the general terms and conditions of sale and the rules for the provision of electronic services within the em-smart.pl online store;</ li>
    7. Online store (Store) – website available at https://emsmartlasers.com, through which the Customer can, in particular, place Orders;
    8. Goods – a movable item included in the store’s assortment and presented on its websites, which may be the subject of an Order placed by the Customer.
    9. Sales contract – a contract for the sale of Goods within the meaning of the Civil Code, concluded between em-smart.pl and the Customer, concluded using the website Store;
    10. Consumer Rights Act – Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item .827 as amended);
    11. Act on the provision of services by electronic means – Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
    12. Order – the Customer’s declaration of will, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of the Goods.
  12. Customers can access these Regulations at any time via the link on the main page of the website https://emsmartlasers.com and download and print it.
  13. 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 degree of threat to the security of the services provided, in particular measures to prevent unauthorized persons from obtaining and modifying personal data sent via the Website. Internet.
  14. The customer is obliged in particular to:
    • use the Online Store in a manner consistent with the provisions of 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 providing or transmitting 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 interfere with its functioning, in particular through the use of specific software or devices,
    • not taking actions such as: sending or posting unsolicited commercial information (spam) in the Online Store
    • use the Online Store in a way that is not inconvenient for other customers and emsmartlasers.com,
    • use all content posted in the Online Store only for your own personal use.

II. ORDERS

  1. In order to conclude a Sales Agreement via the Online Store, go to the website https://emsmartlasers.com, select SHOP in the menu and complete selecting the Goods by taking further technical steps based on the messages displayed to the Customer and the information available on the website.
  2. 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.
  3. Orders can be placed without registration or with registration. In both cases, the Customer provides his/her personal data.
  4. The Customer selects the Goods ordered by adding them to the cart.
  5. The prices of the Goods are given in Polish zlotys and in euros for the foreign-language version of the website and include all components, including VAT, customs duties and all other components.
  6. The prices shown on the collective product card are net prices. These prices do not include shipping costs, which are added only in the basket window.
  7. After adding the product to the cart, the gross amount and the tax due are displayed, depending on the customer’s status, i.e. whether he is an entrepreneur from the Republic of Poland or an entrepreneur from another European Union country.
  8. In the case of entrepreneurs from another European Union country, the final price depends on entering and correct verification of the entrepreneur’s tax identification number by the store’s IT system.
  9. When placing an Order – until the button confirming placing the Order is pressed – the Customer has the opportunity to modify the entered data and the selected Goods. In order to make modifications, please follow the messages displayed to the Customer and the information available on the website.
  10. After the Customer using the Online Store provides all necessary data, a summary of the placed Order will be displayed. A summary of the placed Order will include, among others: a description of the selected Goods, the total price and all other costs.
  11. 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 the submission of the Order.
  12. Information about the Goods provided on the Store’s website constitutes an offer within the meaning of Art. 66 of the Civil Code. Sending the Order by the Customer constitutes a declaration of will to conclude a Sales Agreement with emsmartlasers.com, in accordance with the Regulations.
  13. The customer has the option of paying the price:
    • by transfer to a bank account,
    • PayU payment
    • PayU installment payment
    • iMoje payments: BLIK, Quick transfer, VISA, MASTERCARD and iMoje pay later,
    • Optional leasing options available on request.
  14. The Agreement is considered concluded when the Customer’s Order is received into the Online Store’s IT system, provided that the Order complies with the Regulations.
    After concluding the contract, the Customer receives an e-mail containing confirmation of all important elements of the Order.
  15. The essential provisions of the Goods Sales Agreement are recorded, secured, made available and confirmed to the Customer by sending the Customer to the provided e-mail address and by attaching a confirmation printout, Order specifications and a VAT invoice to the shipment containing the Goods.
  16. The sales contract is concluded in Polish and English, with content consistent with the Regulations, based on the Polish legal order

III. DELIVERYs

  1. Delivery of Goods is limited to the European Union and Great Britain and takes place to the address provided by the Customer when placing the Order.
  2. Delivery of the ordered Goods is carried out via a courier company to the address provided by the Customer in the Order form.
  3. The current price list of delivery costs is available on the website.
  4. It is not possible to collect the Goods ordered in our store in person.
  5. 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 extend to 10 business days.
  6. In the case of a consumer distance purchase, our Store always bears the risk of accidental damage or loss of the goods during transport. If the goods are delivered with obvious damage caused during transport, please report such defect to the deliverer as soon as possible and contact us. A delay in filing 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 rights arising from the seller’s liability for non-compliance of the goods with the contract. Faster reporting of noticed damage during transport helps us pursue our own claims against the carrier or transport insurer.
  7. The risk of accidental loss or damage to the Goods passes to the Consumer only on the date of delivery of the Goods to the Customer by the courier company.

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

  1. For 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.
  2. In the case of a sales contract concluded with a Customer who is not a Consumer, pursuant to Art. 558 § 1 of the Civil Code, the Online Store’s liability under the warranty for defects in the Goods is excluded.
  3. Complaints can be submitted:
    • in writing to the following address: Softgraf Systemy Informatyczne i Grafika Komputerowa Marek Nowak, Plebiscytowa 51G, 43-190, Mikołów,
    • via e-mail to: kontakt@softgraf.pl.
  4. When submitting a 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) specifying the request regarding how to remove the defect (replacement of the goods with a new one, repair of the goods, price reduction, withdrawal from the contract – if the defect is significant); and (3) providing contact details of the person filing the complaint – this will facilitate and speed up the processing of the complaint by the Store. The recommendations specified in the previous sentence are only non-binding guidelines and do not in any way affect the effectiveness of complaints submitted without providing the recommended information.
  5. In the event of exercising the rights arising from 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 inconsistent with the contract at our expense to the postal address indicated above. If, due to the type of Goods or the method of their installation, 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.
  6. com is not the manufacturer of the Goods and does not provide any additional warranty for the Goods sold. The manufacturer may be liable under the warranty for the Goods sold by the online store under the conditions and for the period indicated in the warranty card. If the warranty document provides for such a possibility, the Customer may also submit his claims under the warranty directly to the authorized service center whose address is included in the warranty card. The warranty does not exclude, limit or suspend the rights of the Customer who is a Consumer under the provisions on the seller’s liability for non-compliance of the Goods with the contract.

V. CANCELLATION OF THE AGREEMENT

  1. Customers who are Consumers or Individual Entrepreneurs have a 14-day period to withdraw from the contract. Other entrepreneurs have no right to withdraw from the contract.
  2. The Consumer or Individual Entrepreneur has the right to withdraw from the contract without giving any reason. The deadline for withdrawal from the contract expires after 14 days from the date 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.
  3. 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) about his decision to withdraw from the contract. withdrawal from the contract by submitting an unambiguous declaration (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:).
  4. 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 from the contract expires.
  5. In the event of withdrawal from the contract, the seller returns to the customer all payments received, except for the cost of the transport service related to the return of the Goods. Return shipping costs based on the waybill sent by our store are: PLN 26.40 gross within 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 a different solution. The refund will be charged the return shipping amount in case the store incurred the return shipping costs. The Store may withhold the refund until we receive the Goods or until we receive proof of its return, depending on which event occurs first.
  6. Returning the Goods to the following address: Softgraf Systemy Informatyczne i Grafika Komputerowa Marek Nowak, ul. Plebiscytowa 51G, 43-190 Mikołów, should take place 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 met if the Customer returns the Goods before the above-mentioned deadline. period of 14 days.
  7. The customer is responsible for reducing the value of the item resulting from using it in a way other than what was necessary to establish the nature, characteristics and functioning of the Goods.
  8. The consumer’s right to withdraw from the contract is excluded, among others: in case of:
    • a contract in which the subject of the service is a non-prefabricated item, manufactured according to the customer’s specifications or serving to meet his 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.

VI. OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS

  1. We would like to inform you that it is possible to use out-of-court methods of dealing with complaints and pursuing claims. Their use is voluntary and can only take place if both parties to the dispute agree:
    • The consumer may apply to the Trade Inspection to initiate proceedings for out-of-court resolution of consumer disputes regarding the concluded Sales Agreement, in accordance with Art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001, No. 4, item 25, as amended).
    • The consumer may also request that a dispute regarding the concluded Sales Agreement be considered by a permanent arbitration court operating at the appropriate provincial inspectorate of the Trade Inspection, in accordance with Art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended).
    • The European Commission also provides a platform for online resolution of disputes between Consumers and Entrepreneurs (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/.
  2. The consumer may obtain free assistance in resolving the dispute between the consumer and the seller, also using the free assistance of the district (municipal) consumer ombudsman 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 at the free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl.</li >
  3. Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen and social organizations whose statutory tasks include protection consumers, Provincial Inspectorates of the 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_zdrowie.php
    and
    http://www.uokik.gov.pl/wazne_adresy.php.
    The entity authorized to out-of-court resolve disputes between sklep.softgraf.pl and the Consumer is: Provincial Inspectorate of Trade Inspection in Katowice.

VII. PERSONAL DATA PROTECTION

  1. The Seller declares that, as the administrator of personal data, it protects Customers’ personal data on the terms and in accordance with applicable provisions on the protection of personal data, in particular the provisions of Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of persons physical in connection with the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation/GDPR).
  2. The Store declares that it applies technical and organizational measures to ensure protection of processed data appropriate to the threats and categories of data protected, and in particular protects Customers’ personal data against disclosure to unauthorized persons, loss or damage.
  3. During the Goods ordering procedure, the Customer voluntarily provides his/her personal data to the extent required by the store.
  4. Personal data obtained by the store will be processed by the store for the following purposes:
    1. provision of services referred to in these Regulations
    2. settlement of payments for ordered products,
    3. claims for payment for placed orders,
    4. and, if the Customer has consented, sending information about the seller’s products/services by electronic means (marketing purposes/newsletter).
  5. The Customer’s personal data is processed:
    1. for the period necessary to complete the sale, as well as settle payments and pursue claims, and in connection with mandatory provisions requiring the seller to process data after the transaction has been completed;</li >
    2. 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.
  6. At any time, the Customer may oblige the Seller, by sending an appropriate inquiry, including by e-mail, to provide information on the status of personal data being processed regarding him. If a request is sent by e-mail, the seller may verify the authenticity of the inquiry.
  7. The customer has the right to request the deletion, addition or change of personal data processed by the seller.
  8. Customer data is not profiled by the seller.
  9. Detailed information for Customers regarding the processing of personal data, including the purposes, basis for processing, indication of legal provisions, processing periods and their rights, is always provided to Users at the time of obtaining personal data from them. Additionally, detailed data on the processing of personal data by the Service Provider are available at: ………………………

VIII. OTHER PROVISIONS

  1. com takes steps to ensure the fully correct operation of the Online Store, to the extent resulting from current technical knowledge, and undertakes to remove any irregularities reported by Customers within a reasonable time.
  2. The customer may notify us of any irregularities or interruptions in the operation of the Online Store website. Please report any irregularities related to the operation of the Store electronically to the following address: office@emsmartlasers.com.
  3. In a complaint regarding irregularities related to the functioning of the Online Store website, please indicate the type and date of occurrence of the irregularity.
  4. We undertake to respond to the complaint immediately, no later than within 14 days from the date of its submission.
  5. The settlement of 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.
  6. In matters not regulated by these Regulations, the provisions of applicable law shall apply, in particular the provisions of the Act of April 23, 1964, Civil Code (Journal of Laws No. 16, item 93, as amended) and the Act on Consumer Rights. In the event of any conflicts between these Regulations and the rights of Customers and provisions arising from generally applicable provisions, generally applicable provisions of Polish law shall apply.
  7. A change in the Regulations does not affect those transactions in which the Customer placed an Order for a given Good in the store before the changes in the Regulations entered into force.
  8. These regulations are effective from ______.