The terms used in the Regulations mean:
- Customer – a natural person, legal person or organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which places an Order in the Store;
- Consumer – in accordance with art. 22  of the Civil Code means a natural person who performs a legal transaction with an entrepreneur not directly related to his business or professional activity.
- Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
- Regulations – these Regulations specifying the general terms of sale and the rules for the provision of electronic services as part of the em-smart.pl online store;
- Online Store (Store) – a website available at https://em-smart.pl, through which the Customer may, in particular, place Orders;
- Goods – products presented in the Online Store;
- 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 Store’s website;
- Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);
- 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);
- Order – Customer’s declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.
- These Regulations define the rules for using the online store available at https://emsmartlasers.com.
- These Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services.
- The online store sklep.softgraf.pl, operating at https://sklep.softgraf.pl, is run by Softgraf Systemy Informatyczne i Graphics Komputerowa Marek Nowak, Plebiscytowa 51G, 43-190, Mikołów, NIP: 9540022139, REGON: 271244545. The economic activity is registered in the Central Register and Information on Economic Activity (CEIDG) kept by the minister responsible for economy. Tel. +48 32 326 09 83
- These Regulations specify in particular:
– rules for registering and using the account as part of the online store;
– the terms and conditions for submitting Orders via electronic means as part of the online store;
– the rules for concluding Sales Agreements with the use of services provided as part of the Online Store.
- Using the online store is possible provided that the IT system used by the customer meets the following minimum technical requirements: To complete the order, it is enough to use any web browser.
- In order to use the online store, the Customer should, on his own, gain access to a computer station or terminal device with Internet access.
- In accordance with applicable law, sklep.softgraf.pl reserves the right to limit the provision of services via the Online Store to people who have reached the age of 18. In this case, potential customers will be notified of the above.
- Customers can access these Regulations at any time via the link on the home page of https://sklep.softgraf.pl and download it and print it out.
- 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 the acquisition and modification by unauthorized persons of personal data sent on 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 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) as part of the Online Store,
– use the Online Store in a way that is not inconvenient for other customers and for emsmartlasers.com,
– use any content posted as part of the Online Store only for your own personal use,
- In order to conclude a Sales Agreement via the Online Store, go to the website https://emsmartlasers.com, select the STORE in the menu and select the Goods by taking further technical steps based on the messages displayed to the Customer and information available on the website.
- The selection of the ordered Goods by the Customer is made by adding them to the basket.
2a. The prices visible on the summary product card are net prices
2b. After adding the product to the shop cart, the net amount and the tax due are shown, depending on the customer’s status, whether he is an entrepreneur or an entrepreneur from the European Union.
2c. In the case of entrepreneurs from the European Union, the final price depends on the introduction and correct verification by the store’s IT system of the entrepreneur’s tax identification number.
- When placing the Order – until the button confirming the submission of the Order is pressed – the Customer has the option of modifying the entered data and the selected Goods. To do this, follow the messages displayed to the Customer and the information available on the website.
- After the Customer using the Online Store provides all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include, among others: a description of the selected goods or services, the total price and all other costs.
- In order to send the 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.
- Information about the Goods provided on the Store’s websites constitute an offer within the meaning of art. 66 of the Civil Code. Sending the Order by the Customer is a declaration of will to conclude a Sales Agreement with emsmartlasers.com, in accordance with the Regulations.
The contract is considered concluded when the Customer’s Order is received into the IT system of the Online Store, provided that the Order complies with the Regulations.
After concluding the contract, the Customer receives an e-mail containing confirmation of all essential elements of the Order.
- The sales contract is concluded in Polish and English, with the content in accordance with the Regulations.
- Customers may access these Regulations at any time via the link on the home page of the website https://emsmartlasers.com and download it and print it out.
Consolidation, security, disclosure and confirmation to the Customer of the relevant provisions of the Agreement for the sale of Goods takes place by sending the Customer to the e-mail address provided and by attaching a printout of the confirmation, Order specification and VAT invoice to the shipment containing the Goods.
- The 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.
- The delivery of the ordered Goods is carried out via:
– Courier company.
There is no possibility of personal ordered goods in our store.
Delivery costs are: The cost of courier delivery is PLN 24.60 gross for deliveries within the territory of the Republic of Poland and EUR 35 gross for deliveries within the European Union and Great Britain. In addition, delivery costs will be indicated at the time of placing the Order.
- The delivery time is 2-4 working days. and counts from the date of sending the Order by the Customer. In the case of an ordered device, the delivery time may be extended to 10 business days
- Damage to the Goods caused during delivery.
In the case of a distance consumer purchase, our Store always bears the risk of accidental damage or loss of goods in transit. If the goods are delivered with obvious damage caused during transport, we kindly ask you to report such a defect to the deliverer as soon as possible and contact us. A delay in submitting such a complaint or making contact has no consequences for your statutory claims and their satisfaction, in particular for your rights under the statutory warranty for defects (point VIII of the Regulations). Faster reporting of noticed damage caused during transport helps us to pursue our own claims against the carrier or transport insurer.
- The prices of the Goods are given in Polish zlotys and in Euro for the foreign language version and include all components, including VAT, customs duties and any other components.
- The customer has the option of paying the price:
– by transfer to a bank account
– payment in the PayU system
– PayU installment payment
– forms of Leasing are available on request
Sample instruction on withdrawal from the contract
Only the Customer who is a Consumer has a 14-day period to withdraw from the contract. According to Art. 22 (1) of the Civil Code, a Consumer is a natural person who performs a legal transaction with the entrepreneur not directly related to his business or professional activity.
The right to withdraw from the contract is also available to natural persons concluding a contract directly related to their business activity, when the content of this contract shows that it is not of a professional nature for these persons within the meaning of Art. 556 (4) of the Civil Code. Other entrepreneurs are not entitled to withdraw from the contract.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the day on which you came into possession of the item or on which a third party other than the carrier and indicated by you came into possession of the item.
To exercise the right to withdraw from the contract, you must inform us (Softgraf Systemy Informatyczne i Graphics Komputerowa Marek Nowak, Plebiscytowa 51G, 43-190 Mikołów, email@example.com, Telephone: +48323260983) about your decision to withdraw from this contract in by an unequivocal statement (for example, a letter sent by post, fax or e-mail). You can use the model withdrawal form, but it is not mandatory.
In order to meet the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
Consequences of withdrawing from the contract
If you withdraw from this contract, we will reimburse to you all payments received from you, with the exception of the cost of the transport service related to the return of the goods. Return shipping costs based on the bill of lading sent by our company are: PLN 26.40 gross in Poland and EUR 35 from the territory of the European Union and Great Britain. The notification should be made immediately, and in any case not later than 14 days from the day on which we were informed about your decision to exercise the right to withdraw from this contract. We will make the refund using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise. Refunds will be charged the return shipping amount. We may withhold the reimbursement until receipt of the item or until you provide us with proof of its return, whichever occurs first.
Please send back or give us the item or Softgraf Systemy Informatyczne i Komputerowa Marek Nowak ul. Plebiscytowa 51G 43-190 Mikołów, immediately, and in any case not later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the item before the period of 14 days has expired. We bear the cost of returning the items. You are only responsible for the decrease in the value of the item resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the item.
- The consumer’s right to withdraw from the contract is excluded in the case of:
- Agreements in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs.
- Contracts 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 withdrawing from the contract.
TEMPLATE WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)
– Recipient Softgraf Information Systems and Computer Graphics Marek Nowak, Plebiscytowa 51G, 43-190 Mikołów, firstname.lastname@example.org, Phone: +48323260983
– I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following items(*) the contract for the supply of the following items(*) the contract for a specific task consisting in the performance of the following items(*)/for the provision of the following service (*)
– Date of contract conclusion(*)/receipt(*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
(*) Delete where not applicable.
Applies to the Customer who is a Consumer:
We are obliged to deliver goods free from defects. The statutory right of liability for defects in the sold item (warranty for defects) applies to the extent specified in art. 556 and art. 556-556 and subsequent of the Civil Code.
Complaints can be submitted:
– in writing to the following address: Softgraf Systemy Informatyczne i Graphics Komputerowa Marek Nowak, Plebiscytowa 51G, 43-190, Mikołów.
– via e-mail to the following address: email@example.com.
In the case of exercising your rights under the warranty – if we deem it necessary to consider the complaint, you are obliged to deliver the defective goods to the above-mentioned postal address at our expense. If, due to the type of goods or the method of their installation, the delivery of the goods would be excessively difficult, you are 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.
We are liable under the warranty if a physical defect is found within two years from the date of delivery of the goods to you. If the subject of the sale is a used movable item, the liability under the warranty is one year from the date of its release.
In the complaint, it is recommended to (1) provide information on the subject of the complaint, in particular the type and date of the defect; (2) specification of the request regarding the method of removing 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 the contact details of the complainant – this will facilitate and speed up the consideration of the complaint by the Store. The recommendations specified in the previous sentence are only non-binding guidelines and in no way affect the effectiveness of complaints submitted without providing the recommended information.
Applies to a Customer who is not a Consumer at the same time:
In the case of a Sales Agreement concluded with a Customer who is not a Consumer at the same time, pursuant to art. 558 § 1 of the Civil Code, the liability of the Online Store under the warranty for defects in the Goods is excluded. This exclusion is ineffective in case of fraudulent concealment of the defect by us
Emsmartlasers.com is not a producer of the Goods and does not provide any additional warranty for the products sold. The manufacturer may be liable under the warranty of the sold Goods on the terms 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 whose address is included in the warranty card. The warranty does not exclude, limit or suspend the Customer’s rights under the provisions on the warranty for defects in the sold item.
- emsmartlasers.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 time.
- The customer may notify us of any irregularities or interruptions in the functioning of the Online Store website. Irregularities related to the functioning of the Store should be reported by e-mail to the following address: firstname.lastname@example.org
- In a complaint regarding irregularities related to the functioning of the Online Store website, 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.
- Please be advised that there are ways to use out-of-court methods of dealing with complaints and pursuing claims. Using them is voluntary and can only take place if both parties to the dispute agree to it.
– The consumer may apply for the initiation of proceedings for out-of-court resolution of consumer disputes regarding 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 apply for a dispute regarding the concluded Sales Agreement to be resolved by a permanent arbitration court operating at the appropriate voivodship 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 Entrepreneurs (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/.
- Detailed information on the resolution of consumer disputes, including the possibility for the Consumer to use out-of-court methods of dealing with complaints, pursuing claims and the rules of access to these procedures are available at the headquarters and on the websites of the voivodship inspectorates of the Trade Inspection and at the internet address: https://uokik .gov.pl/spory_konsumenckie.php.
- Please be advised that we undertake to use out-of-court resolution of disputes with Consumers within the meaning of the Act of 23 September 2016 on out-of-court resolution of consumer disputes. The entity authorized to out-of-court dispute resolution between sklep.softgraf.pl and the Consumer is: Voivodship Inspectorate of Trade Inspection in Katowice available at: http://www.katowice.wiih.gov.pl/. The consumer may submit an application to this entity to initiate proceedings for out-of-court resolution of consumer disputes.
- The competent court for resolving disputes with Consumers is the court having local jurisdiction in accordance with the applicable provisions of the Code of Civil Procedure.
- Settlement of any disputes arising between emsmartlasers.com and the Customer who is not a Consumer is subject to the court having jurisdiction over our registered office.
- In matters not covered by these Regulations, the provisions of applicable law shall apply, in particular the provisions of the Act of April 23, 1964. Civil Code (consolidated text, Journal of Laws of 2014, item 121, as amended) and the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827). In the event of any conflicts between these Regulations and the rights of Customers and provisions resulting from generally applicable laws, generally applicable provisions of Polish law shall apply.