Opt Lasers Store Regulations
Regulations of the shop Opt Lasers, which specifies the rules of sales through the Shop’s website.
§ 1 Definitions
- Working days - mean weekdays from Monday to Friday excluding public holidays in Poland.
- User account - means a free of charge function (service) of the Shop allowing the Buyer to open an individual User account in the Shop, which is regulated by the separate Shop Regulations available at the Shop’s website.
- Buyer - means each entity making purchases in the Shop.
- Collection point - means the place where the Buyer can collect in person the goods purchased in the Shop. The Collection point is located in Warszawa, Baletowa 30C.
- Regulations - mean these regulations.
- Shop - means an online shop Opt Lasers run by the Seller at https://optlasers.com
- Seller - Tomorrow’s System Sp. z o.o. with its registered seat in Białystok, 15-337, Pułaskiego 125/35, entered in the Register of Entrepreneurs kept by the District Court in Białystok, XII Economic Division of the National Court Register under the number KRS 0000535029, NIP 5423238556, REGON 200866868, with share capital in the amount of 8300 PLN.
§ 2 Contact data
- Postal address: Tomorrow’s System Sp. z o.o., Baletowa 30C, 02-867 Warszawa.
- Email address: [email protected] and [email protected]
- Telephone number: +48 510 173 702
- The Seller indicates that in case of telephone calls there applies a basic tariff of telecommunications operator which is used by the Buyer for this type of calls. The Seller notes that the cost of calls other than domestic may be higher than domestic call charges - depending on the tariff of the Buyer’s operator.
§ 3 Placing an order
- In order to conclude the sales agreement with the Seller through the Shop, at first an item should be added to the cart which needs to be followed by the determination of its quantity if the Buyer intends to buy more than one piece of a given item.
- Then the Buyer provides their data (including the shipping address), chooses the method of delivery of the order and the method of payment for it.
- At the time of the confirmation of the order, including the price, by the Buyer, and acceptance of the Regulations, the sale agreement is concluded.
- In the Shop the Buyer may open a User account that will be created for the Buyer pursuant to the User account Regulations available in the Shop. However, it is not necessary to place an order.
§ 4 Cost of the order
- Prices given in the Shop in the product description are total prices for the goods due to the Seller by the Buyer.
- The total price of the order consists of a price for the goods and the delivery cost of the goods displayed in the Shop when placing an order, with which the Buyer may familiarize themselves before the conclusion of the sale agreement.
- In case when the order may be associated with additional costs other than those specified in the section 1, the charges lie with the Buyer outside Poland. The information about this will appear when placing an order in the Shop.
§ 5 Payments
- The Buyer shall pay for the purchased goods via PayPal payment platform.
- The order must be paid within 5 Business Days from the date of the conclusion of the sale agreement.
§ 6 Execution of the order
- The goods purchased in the Shop are delivered via courier or the Polish Post with the proviso that orders worth more than 800 PLN, in case of prices provided in US dollars - above $200, are delivered exclusively via courier.
- The buyer has the possibility to personally collect the goods purchased in the Shop at the Collection point (Baletowa 30C, 02-867 Warszawa) after determining the date of collection with the Seller, which will take place after the receipt of an email from the Seller with the confirmation that the goods are ready for collection.
- Order delivery time consists of the time indicated in the item description needed to send the item by the Seller and the time needed to deliver the goods to the Buyer, i.e.:
a) in the case of delivery of goods within the European Union - up to 14 Business Days,
b) in the case of delivery of goods outside the European Union - up to 30 Business Days,
- Usually, the delivery takes place within a shorter period of time.
- Order delivery time is counted from the date of the conclusion of the sale agreement, subject to section 6.
- If the order consists of several items, delivery time of the entire order is equivalent to the delivery time of the item with the longest execution time.
- The execution of the agreement follows the receipt of payment for the purchased goods by the Seller.
- If the Buyer chose personal collection as a method of delivery of goods, the date of dispatch of the goods shall be the moment when the goods will be ready for collection at the Collection point.
- The countries to which the goods purchased in the Shop can be delivered are enumerated in the Shop.
- The Seller is obliged to deliver the goods without defects.
§ 7 Withdrawal from the agreement
- The Consumer has the right to withdraw from the sale agreement, subject to §8, section 1 of these Regulations, within 14 days without giving any reasons.
- The period of withdrawal from the agreement expires after 14 days from the day:
a) when the Consumer came into possession of the goods or a third party other than the carrier and indicated by the Consumer came into possession of the goods.
b) when the Consumer came into possession of the last of the items or a third party other than the carrier and indicated by the Consumer came into possession of the last item in the case of the agreement obliging to the transfer of ownership of many items which are delivered separately.
- In order to give the Consumer a possibility to exercise the right to withdraw from the agreement, they must inform the Seller using the data given in §2 of these Regulations of their decision to withdraw from the sale agreement by an unequivocal statement (e.g. a letter sent by post or information sent by email).
- The consumer may use a model sale agreement withdrawal form placed at the end of the Sale regulations, but it is not mandatory.
- To keep the deadline for withdrawal from the agreement it is sufficient that the Consumer sends information on exercising their right to withdraw from the agreement before the end of the period for withdrawal from the agreement.
- In the case of withdrawal from the sale agreement, the Seller returns all payments received from the Consumer to the Consumer, including the costs of delivery of the goods (with the exception of the additional costs resulting from the delivery method selected by the Consumer, other than the least expensive method of delivery offered by the Seller), immediately and in any case not later than 14 days from the date on which the Seller was informed of the decision of the Consumer to exercise their right to withdraw from the sale agreement.
- The Seller shall return the payments using the same payment methods that have been used by the Consumer in the transaction, unless the Consumer agrees to a different solution. In each case the Consumer does not incur any fees as a result of the payment return.
- The Seller may withhold the reimbursement until it has received the goods back or the Consumer has supplied the evidence of having sent back the goods, depending on which event occurs first.
- The Seller asks to return the goods to the Collection point (Baletowa 30C, 02-867 Warszawa, Poland) immediately and in any event not later than 14 days from the day on which the Consumer informed the Seller about the withdrawal from the sale agreement. The deadline is met if the Consumer sends back the goods before the period of 14 days has expired.
- The Consumer bears the direct costs of returning the goods.
- If the goods, due to their nature (e.g. due to its size), cannot be sent in the usual way by post the Consumer will have to bear the direct costs of returning the goods. These costs are estimated to be:
- about 20 PLN for the goods to be returned from Poland,
- about 300 PLN for the goods to be returned from outside Poland.
- The Consumer shall only be liable for the diminished value of the goods resulting from its use in a different way than it was necessary to state the nature, characteristics and functioning of the goods.
§ 8 Withdrawal from the agreement - exclusion
- Right to withdraw from the agreement concluded remotely does not apply in the below circumstances:
a) when the subject matter of the service is a non-prefabricated item manufactured according to the specifications of the Consumer or serves the meeting of its individual needs,
b) when the subject matter of the serviceis an item vulnerable to rapid decay or having a short shelf life,
c) when the subject matter of the serviceis an item delivered in a sealed packaging which after its opening cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
d) when the subject matter of the service are items that after delivery, due to their nature, are inextricably connected with other things,
e) when the subject matter of the service are sound recordings or visual material or computer programs delivered in a sealed packaging, if the packagingwas opened after delivery.
§ 9 Complaints
- If the goods are defective, the Buyer has the right to lodge a complaint about the defective goods on the basis of a warranty regulated by the Civil Code, subject to the paragraph 3 and 4 in relation to the Entrepreneur.
- If the goods are defective, on the basis of the terms and within the time limits set by the Civil Code, the Consumer may:
a) submit a statement of the price reduction,
b) in case of a serious defect - make a statement of withdrawal from the agreement,
c) demand the exchange of an item for the one free from defects,
d) demand the removal of the defect.
- In relation to the Entrepreneur, the Seller shall be liable under the warranty if the defect of the item is found within one year from the date of its delivery.
- Under the warranty, the Entrepreneur is entitled only to the powers referred to in the point b) and c) of the paragraph 2.
- When the warranty has been given on the item, the information about it will be placed by the Seller in the item description in the Shop.
- The Seller asks that the complaint under the warranty should be sent by email or in writing to the address indicated in §2 of these Regulations.
- In order to examine complaints under warranty, if necessary, the Buyer is obliged, in the case of the Consumer at the expense of the Seller, to deliver a defective item to the following address: Tomorrow’s System, Baletowa 30C, 02-867 Warszawa, Poland.
- The Seller recommends that a complaint form includes the following information: the identity of the Buyer, a brief description of the defect, the moment of noticing the defect and the complaint demands of the Buyer.
- Each recommendation of the Seller which is included in the Regulations in relation to the Consumer serves as a non-binding guideline which the Consumer may or may not use. The failure to comply with by the Seller’s recommendations in no way affects the rights of the Consumer, in particular it does not affect the rights related to the warranty.
- Complaints concerning the functioning of the Shop should be submitted electronically at the email address indicated in §2 of these Regulations.
- The Seller shall address the complaint within 14 days.
§ 10 Out-of-court complaint and redress mechanisms
- The Consumer has a possibility to use:
a) free mediation conducted by the field-relevant Regional Inspectorate of Trade Inspection, which one can turn to with the request for mediation. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595
b) free assistance of a field-relevantconsumer arbitration court operating at the Regional Inspectorate of Trade Inspection, where one can submit an application for the consideration of the case before the arbitration court. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596
c) Internet ODR platform run by the European Commission available at: http://ec.europa.eu/consumers/odr/
- In case of cross-border issues within the European Union, free assistance to Consumers is provided by the European Consumer Centers which inform Consumers about their rights and help in solving individual problems associated with cross-border transactions. The list of Centers can be found at: https://konsument.gov.pl/en/ecc-in-europe/
§ 11 Personal data
- The Administrator of the Buyers' personal data submitted to the Seller when using the Shop is the Seller.
§ 12 Technical requirements
- In order to use the Shop, a minimum requirement is a device both with a web browser which supports "cookies" and with Internet access as well as an active email account.
§ 13 Final provisions
- The sale agreement based on these Regulations applies to a specific and single order - is concluded for the purpose and for the time of its execution. Each order requires a separate approval of the Regulations.
- The agreement concluded on the basis of the Regulations is subject to the Polish law provided that this choice does not result in depriving the Consumer of the protection afforded to them on the basis of mandatory provisions that would apply if the choice of law were not made.
- Irrespective of the rights referred to in §7 of these Regulations, each of the contracting Parties shall have the right to withdraw from the agreement in case of delay of the performance of the obligation by the other party within the period specified in the sale agreement without the necessity of setting an additional deadline. This provision does not transgress the Consumers’ rightsarising from the provisions of the law.
- In the event of a dispute between the Seller and the Buyer not being a Consumer, the appropriate court shall be a court with the jurisdiction over the Seller’s registered office address.
- Agreements concluded in connection with the Shop are concluded in Polish or English - depending on the choice of the Buyer.
- Provision of illegal content by the Buyer is prohibited.
Below is a model agreement withdrawal form which the Consumer can but does not have to use:
MODEL AGREEMENT WITHDRAWAL FORM
(This form should be completed and sent only if you wish to withdraw from the agreement)
Tomorrow's System Sp. z o.o., Pułaskiego 125/35, 15-337 Białystok, Poland, email: [email protected]
I/We(*) hereby announce(*) on my/our withdrawal from the sale agreement of the following goods(*) agreement for the supply of the following items(*) contract for work consisting in performing the following things(*) / provision of the following services(*)
Date of the conclusion of the agreement(*) / of delivery(*)
Name and surname of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if the form is sent on paper)
(*) Delete as appropriate.