Opt Lasers online store regulations

which specifies the rules of sales conducted through it

 

  • 1 Definitions

1.              

Working days

days from Monday to Friday, with the exception of public holidays in Poland.

 

2.              

User account

free-of-charge Store feature (service) allowing the Buyer to create an individual user account in the Store, regulated by separate, available in the Store regulations.

 

3.              

Buyer

any entity making purchases in the Store.

 

4.              

Pickup point

place where a Buyer may personally collect goods purchased from the Store located in Warsaw at Baletowa 30 C Street (Poland).

 

5.              

Terms and Conditions

 

these terms and conditions.

6.              

Store

Opt Lasers online store operated by the Seller at the following addresses: https://optlasers.com/; https://optlasersgrav.com/

 

7.              

Seller

Tomorrow's System Sp. z o.o. with its registered office in Bialystok at Pulaskiego 125/35, 15-337 Bialystok, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Bialystok, XII Commercial Division of the National Court Register, under KRS number 0000535029, NIP 5423238556, REGON number 200866868, share capital PLN 8,300.00.

 

8.              

Entrepreneur recognized as a Consumer

a natural person who enters into an agreement directly related to his/her business activity, where it follows from the content of the agreement that it is not of a professional nature for that person, arising in particular from the subject of his/her business activity made available on the basis of the provisions of the Business Activity Central Register and Information.

 

9.              

Consumer

a natural person making a purchase in the Store not related directly to his/her economic or professional activity.

 

10.          

Entrepreneur

business or professional entity.

 

  • 2 Contact details
  1. Mailing address: Tomorrow's System Sp. z o.o., 30 C Baletowa St., 02-867 Warsaw, Poland.
  2. E-mail address: info[at]optlasers.com,
  3. Phone number: + 48 505 947 338
  4. The Seller informs that in case of phone calls the basic tariff of the telecommunications operator used by the Buyer applicable to this type of calls shall apply. The Seller points out that the cost of calls other than domestic calls may be higher than domestic calls - depending on the tariff of the Buyer's operator.
  • 3 Order placement
  1. In order to conclude a contract of sale through the Store with the Seller in the first step you must add products to your shopping cart, as well as specify its quantity if the Buyer intends to buy more than one piece of the goods.
  2. Then the Buyer gives his data (including the address for shipment of the order), chooses the method of delivery of the order and the method of payment for it.
  3. The moment the Buyer confirms the order, including its price, and accepts the Terms and Conditions a sales agreement is concluded.
  4. To place an order it is necessary to set up a user account in the store, which will be created for the Buyer, on the terms specified in the Rules of the user account available in the store.
  • 4 Order Cost
  1. Prices given in the Store in the description of products are total prices for goods, payable to the Seller from the Buyer.
  2. The total price of the order consists of the price of the goods and the cost of delivery of goods visible in the Store when placing an order, which the Buyer can read before concluding a contract of sale.
  3. If the order may involve additional, other than those specified in paragraph 1, charges on the part of the Buyer outside the Polish information about this will appear when placing an order in the Store, and the Buyer is responsible for covering the costs of customs duties or other taxes that may be associated with the purchase.
  • 5 Payments
  1. Buyer can pay for the goods purchased in the store through the payment platform PayPal, Stripe or by bank transfer.
  2. The order must be paid for within 5 working days from the date of conclusion of the contract of sale, unless the Buyer agrees with the Seller another term at least in documentary form.
  • 6 Order processing
  1. Purchased in the Store goods are delivered via courier service and the Polish Post Office, with the proviso that orders of a value exceeding 800 PLN, and for amounts quoted in U.S. dollars above - 200 USD are delivered exclusively through a courier service.
  2. The Buyer has the option of collecting the goods purchased in the Store in person at the Store's pick-up point (Tomorrow's System sp. z o.o., Baletowa 30C St., 02-867 Warsaw, Poland) after arranging the time of delivery with the Seller, which will take place upon receiving an e-mail from the Seller with information that the goods are ready for collection.
  3. The order lead time consists of: the time needed for the Seller to dispatch the product, as indicated in the product description, and the time needed for the delivery of the product to the Buyer, which is:
    1. for deliveries within the European Union - up to 14 working days,
    2. for deliveries outside the European Union - up to 30 working days,

- although delivery is usually within a shorter period.

  1. Order processing time is counted from the date of the contract of sale, subject to paragraph 6.
  2. If an order consists of several products, the lead time for the entire order shall be the lead time for the product with the longest lead time. Rozpoczęcie realizacji zamówienia nastąpi po otrzymaniu przez Sprzedawcę płatności za zakupiony towar.
  3. If the Buyer has chosen as a method of delivery of goods personal delivery date means the moment when the goods will be ready for pickup at the point of collection.
  4. Countries to which it is possible to deliver the goods purchased in the Store are indicated in the Store.
  5. Seller is obliged to deliver goods without defects.

 

  • 7 Withdrawal from the agreement

 

  1. The consumer has the right to withdraw from the contract of sale of goods, subject to § 8 paragraph 1 of the Regulations, within 14 days without giving any reason.
  2. The period for withdrawal expires after 14 days from the date of:
    1. on which the Consumer has taken possession of the goods, or on which a third party other than the carrier and indicated by the Consumer has taken possession of the goods;
    2. on which the Consumer has acquired possession of the last item, or on which a third party other than the carrier and indicated by the Consumer has acquired possession of the last item in the case of a contract that involves the transfer of ownership of multiple items that are delivered separately.
  3. In order for the Consumer to be able to exercise his right of withdrawal, he must inform the Seller, using the data specified in § 2 of the Terms and Conditions, of his decision to withdraw from the sales contract by an unequivocal statement (for example, a letter sent by post or information transmitted by e-mail).
  4. The Consumer may use the model withdrawal form located at the end of the Terms of Sale, but it is not mandatory.
  5. To meet the deadline for withdrawal it is sufficient that the Consumer sends information on the exercise of his right of withdrawal before the expiry of the deadline for withdrawal.
  6. In the case of withdrawal from the sales contract the Seller shall return to the Consumer all payments received from him, except for the direct costs of returning the goods, the additional costs arising from the chosen method of delivery by the Consumer, promptly, and in any case no later than within 14 days from the date on which the Seller received the return of purchased goods or was informed about the decision of the Consumer to exercise the right of withdrawal.
  7. Reimbursement of payments will be made by the Seller using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer agrees to another solution, in any case the Consumer will not incur any fees in connection with this return.
  8. The Seller may withhold reimbursement until it has received the goods or until it has been provided with proof of return, whichever event occurs first.
  9. The Seller asks to return the goods to his mailing address of his Receiving Point (Tomorrow's System sp. z o.o., Baletowa 30C St., 02-867 Warsaw, Poland) immediately, and in any case no later than within 14 days from the date on which the Consumer communicated the withdrawal from the sales contract to the Seller. The deadline is met if the Consumer sends back the goods before the expiry of the 14-day period.
  10. The Consumer shall bear the direct costs of returning the goods.
  11. Due to the nature of the goods, they may be returned by courier and the Consumer will have to bear the direct costs of returning them. The amount of these costs is estimated at:

- about PLN 25 for goods sent back from Poland,

- about PLN 300 for goods sent from outside Poland.

  1. The Consumer is liable for any diminution in the value of the goods resulting from the use of the goods in a manner other than that necessary to establish the nature, characteristics and functioning of the goods and the removal by the Seller of the features of the use of the returned goods.
  2. Any rights to which the Consumer is entitled in accordance with the provisions of this paragraph shall also be vested in the Entrepreneur recognized as the Consumer.

 

  • 8 Withdrawal – exclusion

 

  1. The right of withdrawal from a distance contract does not apply to the consumer in relation to contracts:
  2. in which the subject matter of the performance is a non-refabricated thing produced according to the specification of the Consumer or serving to meet his individual needs;
  3. in which the subject matter of the performance is an item that deteriorates rapidly or has a short shelf life,
  4. in which the subject matter of the performance is an item supplied in a sealed package which cannot be returned after opening the package due to health protection or hygienic reasons, if the package has been opened after delivery;
  5. in which the subject matter of the performance are things that after delivery, due to their nature, are inseparably connected with other things;
  6. in which the subject matter of the performance are sound or visual recordings or computer programs supplied in sealed packaging if the packaging has been opened after delivery.
  • 9 Complaints
  1. In the event of a defect in the goods, the Buyer is entitled to make a claim for defective goods under the warranty regulated by the Civil Code Act, subject to paragraphs 3 and 4 of this section in relation to the Entrepreneur.
  2. In the case of a defect in the goods, the Consumer and Entrepreneur recognized as a Consumer may, under the rules and within the time limits set out by the Civil Code:
    1. make a declaration of price reduction,
    2. in the case of a material defect - make a statement on withdrawal from the contract,
    3. demand to replace the item with a defect-free item,
    4. demand removal of the defect.
  3. In relation to the Entrepreneur, the Seller is liable under the warranty if a defect in the goods is found within one year of the release of the goods to the Entrepreneur.
  4. Under the warranty, the Entrepreneur is entitled only to the rights referred to in paragraph 2 letters b) and c).
  5. If a guarantee has been granted, information about it will be placed by the Seller in the description of the goods in the Store.
  6. The Seller requests that complaints made on the basis of the warranty be sent by e-mail or in writing to the appropriate address of the Collection Point indicated in § 2 of the Terms and Conditions.
  7. In order to consider a complaint submitted under the warranty, if necessary, the Buyer is obliged, in the case of a consumer at the expense of the Seller to deliver the defective goods to the address: Tomorrow’s System Sp. z o.o., Baletowa 30C St., 02-867 Warsaw, Poland.
  8. The Seller recommends that the following information is included in the complaint form: the Buyer's identification data, a brief description of the defect, the moment the defect was found and the Buyer's complaint request. The complaint form is available at: https://optlasers.com/complaints-service and https://optlasersgrav.com/complaints-service
  9. Any recommendation of the Seller, which is contained in these Terms and Conditions has in relation to the Consumer only the nature of non-binding guidance, which the Consumer may, but does not have to use. Failure by the Consumer to use the Seller's recommendations in no way affects the rights of the Consumer, and in particular does not affect the rights associated with the warranty.
  10. Complaints regarding the functioning of the Store should be submitted electronically to the e-mail address specified in § 2 of the Regulations.
  11. The Seller shall respond to the complaint within 14 days.
  12. In case of loss of the package with the goods, when in the system of the courier company or the Polish Post Office carrying out the delivery there is information about delivery of the package to the Buyer, the Buyer, before making any claims against the Seller is obliged to notify the courier company of the actual non-delivery of the package and competent authorities of the theft with request to prosecute the perpetrator. Notification of claims in this regard to the Seller may be made only on the basis of confirmations of notifications referred to in the previous sentence.
  • 10 Out-of-court complaint and redress procedures
    1. The Consumer and Entrepreneur recognized as a Consumer has the opportunity to take advantage of, among others :
    2. as a rule, free-of-charge mediation conducted by a competent regional Inspectorate of Trade Inspection, to which a request for mediation should be submitted. The list of Inspectorates is available here:

https://www.uokik.gov.pl/wazne_adresy.php#faq595

  1. as a rule, free of charge assistance by the competent permanent consumer arbitration court operating at the Provincial Trade Inspection Inspectorate, to which a request for consideration of the matter before the arbitration court should be submitted. The list of courts is available at:

https://www.uokik.gov.pl/wazne_adresy.php#faq596

  1. The European Commission's Internet ODR platform accessible at:

http://ec.europa.eu/consumers/odr/

 

  1. In cross-border cases within the European Union, free assistance to consumers is also provided by the European Consumer Centres, which inform consumers about their rights and help them solve individual problems related to cross-border transactions. The list of centers can be found at:
    http://www.konsument.gov.pl/pl/eck-w-europie.html

 

  • 11 Personal Data
  1. The administrator of the Buyer's personal data submitted to the Seller while using the Shop is the Seller.
  2. Buyer's personal data is processed mainly on the basis of the agreement and for the purpose of its implementation, in accordance with the principles set out in the General Regulation of the European Parliament and of the Council (EU) on data protection (RODO). Detailed information on data processing by the Seller is contained in the privacy policy located in the Shop.

 

  • 12 Technical requirements

In order to use the Store, it is necessary to have a device with a cookie-capable web browser with access to the Internet, and in order to make purchases it is also necessary to have an active e-mail account.

  • 13 Final provisions
  1. Sales agreement concluded on the basis of these Regulations concerns a specific and one-time order - it is concluded for the purpose and for the time of its execution. Each order requires a separate acceptance of the Regulations.
  2. Agreement concluded on the basis of the Regulations shall be governed by Polish law, provided that this choice does not lead to depriving the Consumer of the protection afforded to him under the mandatory provisions that would apply if no choice of law was made.
  3. Notwithstanding the rights referred to in § 7 of these Terms and Conditions, each contractual Party shall have the right to terminate the contract in the event of the other Party's delay in performing its obligation within the period specified in the contract of sale without the need to set an additional date. This provision shall not prejudice the rights of the Consumer under the law.
  4. In case of a possible dispute between the Seller and the Buyer who is not a Consumer, the competent court will be the court having jurisdiction over the registered office of the Seller.
  5. Contracts concluded in connection with the Store are concluded in Polish or English - depending on the Buyer's choice.
  6. It is forbidden for the Buyer to provide unlawful content.

 

Below is a sample withdrawal form that the Consumer and Entrepreneur deemed to be a Consumer may or may not use:

WITHDRAWAL FORM TEMPLATE

(this form must be completed and returned only if you wish to withdraw from the contract)

 

–   Tomorrow’s System Sp. z o.o., Pułaskiego 125/35 St., 15-337 Bialystok, Poland, e-mail: info[at]optlasers.com.

–   I/We(*) hereby inform of my/our withdrawal from the contract of sale of the following items(*) contracts for the supply of the following (*) a contract for work consisting in the performance of the following (*)/for the provision of the following service(*)

–   Date of contract (*)/receipt(*)

–   Full name of Consumer(s)

– Address of the Consumer(s)

–   Signature of Consumer(s) (only if the form is sent in hard copy)

–   Date

(*) Delete as appropriate.