Regulamin

Before starting to use on-line shop www.eyewear24.net The recipients are obliged to read the terms and conditions. TERMS AND CONDITIONS OF www.eyewear24.net ON-LINE SHOP I. General provisions II. Definitions III. Type and range of electronic services IV. Conditions of providing and concluding electronic service contracts V. Conditions of concluding sale contracts VI. Payment methods VII. The cost, timing and delivery VIII. Conditions of withdrawal of Electronic Service contracts IX. Product warranty X. Warranty procedure XI. Right of withdrawal XII. Results of withdrawal XIII. Intellectual property XIV. Final provisions I. GENERAL PROVISIONS 1. On-line shop working under www.eyewear24.net address is run by Anna Duda and Arkadiusz Fras, who conducts economic activity under Salony Optyczne Fras s.c. firm, which is entered into the Central Register and Information on Business Activity of the Republic of Poland run by the minister competent for the economy. The address of pursuit of the professional activities and delivery address: ul. Kościuszki 2, 88-400 Żnin, NIP:5621803117, REGON:341291690, e-mail address: kontakt@eyewear23.net, tel: +48535453453 2. The www.eyewear24.net shop operates on the terms and conditions set forth in these regulations. 3. Regulations define type and range of electronic services rendered by www.eyewear24.net shop, conditions of providing these services, conditions of concluding and withdrawal contracts of providing electronic services and concluding Sales Agreements and procedures of warranty. 4. Each Consumer upon taking action to use Electronic Service Shop www.eyewear24.net, is obligated to obey the provisions of these Regulations. 5. Get to know with regulations and acceptance of these regulations is a condition for ordering. 6. The www.eyewear24.net shop runs retail sales of products, sales by the intenet in Poland and in other countries of European Union. 7. Products offered by this shop are brand new, free from legal effects and legally introduced to the Polish market. All products have got necessary certificates and conformity declarations. 8. All of trade names, product names, firm names and its logos used by www.eyewear24.net website belong to its owners and they are used for identification purposes. They may be registered trademarks. All of materials, descriptions and photos are presented on the www.eyewear24.net website and they are used for informational purposes. 9. In cases unregulated by the Regulations, the Regulations apply: Acts on the provision of electronic services of 18’s July 2002 (Dz. U. Nr 144, poz. 1204 ze zm.), Consumer Rights Acts of 30’s May 2014 (Dz. U. 2014 poz. 827), Civil Code of 23’s April 1964 (Dz. U. Nr 16, poz. 93 ze zm.) and other appropriate acts of Polish Law. II. DEFINITIONS 1. Working Day – one day from Monday to Friday, excluding days, according to the law, free from work 2. Registration Questionnaire – questionnaire available on the www.eyewear24.net website, enabling the creation of an account 3. Order Questionnaire – questionnaire available on the www.eyewear24.net website, enabling the placement of the order 4. The Consumer – physical person, who undertakes with businessman legal acts, which isn’t directly related to his business or profession 5. The Customer – person, who intends to conlude or signed a Purchase Agreement with a Seller 6. Account – signed with an individual name (logo) and a password, a collection of resources in the IT system of the Service Provider, in which the data of Customer, including information on the orders placed, is collected 7. Terms & Conditions – present regulations of the store 8. The Store – provider’s on-line shop working at www.eyewear24.net 9. Seller, Provider – Anna Duda, Arkadiusz Fras performing business under the name Salony Optyczne Fras s.c., ul. Kościuszki 2, 88-400 Żnin, NIP: 5621803117, REGON:341291690 10. The Product – available in the store movable thing, which is the subject of the Sales Agreements between the Customer and the Seller 11. Sale Agreement – product sale contract concluded between the customer and the seller through the store 12. The Client – physical person, legal person or organizational unit without legal personality, whose law grants the legal capacity to use the Electronic Services 13. Electronic Service – the service provided electronic way by provider to the customer through the store 14. The Order – declaration of customers’ intent, constituting the offer to conclude the Product Sale Agreement with the Seller 15. Newsletter – the electronic service enabling the provider to subscribe and receive to the Service recipient’s e-mail free information from the Provider on the products available in the store III. TYPE AND RANGE OF ELECTRONIC SERVICES 1. The Provider enables via the shop to use electronic services so as: a) entering into agreements of the sale of the product b) the run of the account in the shop c) using the Newsletter. 2. Providing electronic services for customers in the store takes place on specified conditions in regulations. 3. The Provider has the right to place advertising contents on the website. IV. CONDITIONS OF PROVIDING AND CONCLUDING ELECTRONIC SERVICE CONTRACTS 1. Providing Electronic Services specified in section III number 1 of Regulations by Provider is free. 2. The time for which the contract was concluded a) the contract for provision of electronic services, which consists maintaining an account in on-line shop is concluded for an indefinite period of time. b) the contract for the provision of electronic services, which consists on enabling an order in the store, is concluded for specified period and is resolved at the moment of placing an order or at the moment of finishing order by customer. c) the contract for the provision of electronic services, which consists on using the Newsletter, is concluded for indefinite period of time. 3. Technical recquirements necessary for cooperation with the ICT system, which is used by Service Provider: a) computer with internet access b) access to e-mail c) web browser d) enabling cookies and javascript in your web browser. 4. The Consumer is obliged to using on-line shop in the legal way and with good manners, with having on mind profiling of personal rights and intellectual property rigts of third parties. 5. The Consumer is obliged to entry data according to actual state. 6. The Customer is prohibited from providing content of an unlawful nature. V. CONDITIONS OF CONCLUDING A CONTRACT OF SALES 1. Informations placed on the web-sites of the Shop don’t constitute an offer in the meaning of the law. Customer while placing an order, make a purchase of a specific product on the conditions given in its description. 2. The Customer making a purchase of the product, declares that ordered product was chosen by specialist in optical salon or in the ophthalmic office and the product meets the specifications that have been attributed to it. Additionally, the customer while making a purchase is obliged to confirm above assignment by ticking the appropriate box in the order form. The Seller isn’t responsible for wrong lens fitting. a) waiting time for selected products: -spherical contact lenses – from 2 to 9 weekdays -toric contact lenses – from 3 to 21 weekdays -progressive contact lenses – from 3 to 21 weekdays -glasses – from 2 to 21 weekdays, depending on the chosen model, color, size. The information about waiting time is available by shop online or by phone. b) delivery is made via: -delivery company DPD – delivery time – max. 2 weekdays -delivery company InPost – delivery time – max. 2 weekdays -Polish Post – delivery time – max. 3 weekdays The maximum time of the realization of the order is 21 weekdays, which are counting from the moment of making an order. Until then, you need to add the time od carrier, which is given above. 3. In case of inaccessibility part or all products in the order, the Customer is informed about it by e-mail or phone and is asked to make a decision about further implementation (cancellation of the order, realization without losing products, longer waiting time, choise a different product on missing product place) 4. The price of the product visible on the website is given in PLN and contains all of components, including VAT, duties and any other ingredients. The price does not include delivery costs. 5. The price of the product visible on the shop website is involving at the moment of making a purchase by Customer. This price won’t be changed (if no errors appear) independently of changing shop prices, which can be changed for individual products after making a purchase. 6. Products in the promotion are limited and purchases will be realized in order of receipt of orders until products run out. 7. The Customer isn’t obliged to account registration in the shop to make a purchase. 8. The orders can be made: -via the website using the Order Form (shop www.eyewear24.net) – 24 hours a day throughout the year -via e-mail to kontakt@eyewear24.net -by phone at the telephone number: +48 535 453 453 from Monday to Friday in hours from 9 A.M. to 5 P.M. 9. The shop fulfills orders placed from Monday to Friday during working hours of the shop – it is from 9 A.M. to 5 P.M.. Orders placed in Working Days after 6 P.M., on Saturdays to 2 P.M., on Sundays and on Holidays, will be considered the next Working Day. 10. Concluding the Sale Agreement a) An earlier submission by the customer of the order, made in available ways is necessary to conclude a contract. b) The Seller after placing an order, immediately confirms receipt it, what causes connection the Customer with his order. The receipt of the order is confirmed by sending an e-mail message, which concludes: -confirmation of all important elements of the order -statement about the receipt of the order -statement about the right of withdrawal -instruction on the right to withdraw from the contract -this regulations. c) Upon receipt of the message by the Customer, referred to in paragraph 11, a Sales Contract is concluded between the Customer and the Seller. 11. Each of Sale Contract will be confirmed by proof of purchase by fiscal receipt or VAT invoice, which will be attached to the shipment. VI. PAYMENT METHODS 1. The Seller provides the following payment methods: a) payment by bank transfer to the Seller-s bank account b) cash on delivery c) payment via electronic payment services d) payment via installment via bank Credit Agricole. 2. In case of payment by bank transfer, payment must be made to a bank account number 35 1050 1139 1000 0092 1528 8920 Salony Optyczne Fras s.c., ul. Kościuszki 2, 88-400 Żnin, NIP: 5621803117. In the title of the transfer should be entered “The order number…”. 3. In case of cash on delivery, the shipment is sent after validation of the address data. 4. In case of payment via electronic payment services. The Customer makes a payment before starting the order fulfillment. Electronic payment services provide making payments by credit cards or by fast bank transfer from selected Polish banks. The products will be shipped only after it has been paid. In case of withdrawal from the contract by the Consumer, the Seller isn’t obliged to cover bank charges paid by Consumer for the initial payment. The Customer is obliged to pay the price under the Sales Contract within 7 Working Days from the date of its conclusion, unless the Sales Agreement provides otherwise. 5. Payment via installment via bank Credit Agricole. Salony Optyczne Fras – ARKADIUSZ FRAS, ANNA DUDA – SPÓŁKA CYWILNA declares that under the agreements concluded with Credit Agricole Bank Polska S.A. is authorized to perform legal actions related to the conclusion/amendment of credit agreement for the purchase of goods and services. VII. THE COST, TIMING AND DELIVERY WAYS 1. The costs of delivery of the Product are set during the ordering process and are subject to the choice of payment method and delivery method of purchased product. 2. For orders with a total value exceeding 300 PLN the Seller is obliged to cover the delivery costs of the Product. 3. Purchased products in the store are shipped cia Paczkomat or courier company (DPD). 4. The Customer can pick up the product in chosen institution from one of our stores, which the Customer informs shop by sending a separate e-mail to the kontakt@eyewear24.net and giving the order number. 5. Delivery time of the product consists of the time of product completion and the delivery time of the product by the carrier. a) The time of product completion is from 1 to 25 Working Days. b) The delivery of the product by the carrier takes place within the time declared by the carrier (from 1 to 2 Working Days). Delivery is only on Working Days, excluding Saturdays, Sundays and holidays. VIII. CONDITIONS OF WITHDRAWAL OF ELECTRONIC SERVICES CONTRACTS 1. Withdrawal of the electronic services contracts a) The electronic services contracts od a continuous and indefinite nature may be terminated. (ec. Maintaining of account) b) The Customer may terminate the contract with immediate effect and without stating the reasons by sending a relevant statement via e-mail on address kontakt@eyewear24.net. c) The Service Provider may terminate the contract for the provison of Electronic Services of a continuous and indefinite nature in case the Service Receiver breaches the regulations, in particular, when the Service Receiver delivers unlawful content after an unsuccessful prior call for termination of the infringement with an appropriate deadline. In this case, the contract expires after 7 days from the day od declaration of will to termination. (notice period) d) The termination leads to termination of the legal relationship with effect for the future. 2. The Service Provider and the Service Receiver may terminate the Electronic Service Agreement at any time by agreement between the parties. IX. THE PRODUCT WARRANTY 1. All of products offered by the store have a manufacturer’s warranty in force in the Republic of Poland. 2. The product warranty period is from 12 to 24 months and is calculated from the date of delivery of the product to the Customer. 3.The guarantee document is the guarantee card and proof of purchase: a receipt or a VAT invoice. X. WARRANTY PROCEDURE 1. Warranty claims: a) The basis and scope of the Seller’s liability towards the Consumer, in respect of the warranty, including physical and legal defects, are definied in the Civil Code of 23.04.1964r. (Dz. U. nr 16, poz. 93 ze zm.) b) Notices of defects in the Product and the request can be made by e-mail to kontakt@eyeweat24.net or written to the address ul. Kościuszki 2, 88-400 Żnin c) In the above e-mail, please provide as much informations and circumstances as possible, regarding the object of the complaint, in particular the type and date of the irregularity and contact details. Provided informations will make it much easier and quicker to handle the Seller’s complaint. d) When it is necessary to assess the physical defects of the product it should be delivered to the address ul. Kościuszki 2, 88-400 Żnin. e) The Seller will respond to the Customer’s request promptly, no later than within 14 days. The complaint response is sent to the e-mail address provided by the client or in another way provided by the client. f) In case of a Consumer who is Customer complaint – unresolved complaints within 14 days are unequivocal. Due to a reasoned complaint from a Consumer who is a Customer, the Seller covers the costs of receipt, delivery and replacement for the product free from defects. 2. Complaints related to the provison of Electronic Services by the Service Provider a) Complaints related to the provison of Electronic Services through the shop can be made by Customer by e-mail to kontakt@eyewear24.net. b) In the abobe e-mail, please involve as much informations and circumstances about object of the complaint as possible, in particular the type and the date of the irregularity and contact detaiuls. Provided informations will make it much easier and quicker to handle the Seller’s complaints by Service Provider. c) Complaints will be processed by the Service Provider immediately, not later that within 14 days. d) The Service Provider’s reply to the complaint is sent to the recipient’s e-mail address given in the complaint form or in another way provided by the recipient. XI. RIGHT OF WITHDRAWAL Only the Consumer who is Customer is entitled to a 14 day withdrawal period. Pursuant to Article 22 of the Civil Code, a Consumer is a natural person, who commits a business activity with a trader not directly related to his or her business or profession. You have the right to withdraw from the contract within 14 days without giving any reason. The deadline to withdraw from the contract will expire after 14 days from the date on which the state entered into possession or a third party other than the carrier and indicated by the state came into possession of thing. To exercise your right of withdrawal you must inform us (Salony Optyczne Fras Arkadiusz Fras, Anna Duda s.c., ul. Kościuszki 2, 88-400 Żnin, kontakt@eyewear24.net) of your decision to withdraw from this contract by a clear statement (for example a letter sent by post, fax or e-mail). You may use the exemplar of the withdrawal form, but this is not mandatory. In order to maintain the withdrawal deadline, you only need to send information on the exercise of your right of withdrawal from the contract before the expiration of the withdrawal period. XII. RESULTS OF WITHDRAWAL In the case of withdrawal from this contract we will refund all payments received from you, including the cost of delivery of the item (except for additional costs resulting from your choice, of delivery method other than the cheapest usual delivery), promptly and in any event no later than 14 days from the date we were notified of your decision to exercise your right of withdrawal from this contract. We will reimburse you using the same payment methods as you used in your original transaction unless you explicitly agreed otherwise; in any case, you will not incur any charges in connection with this refund. We may withhold payment until the item has been received or until we receive a proof of return, whichever occurs first. Please return or transfer thing to us immediately, and in any event not later than 14 days from the date on which we informed you of your withdrawal from this contract. The deadline is retained if you send the item before the 14-day deadline expired. You will have to defray the direct cost of returning the item. You are only responsible for the reduction of the value of things resulting from the use of it in a way other than necessary to establish the nature, characteristics and functioning of things. Right to withdraw from the contract is excluded in case of: -contracts, where the subject of the benefit is an unconverted item, made to the consumer’s specifications or catered his individual needs -contracts, where the subject of the benefit is an item, which is delivered in sealed package, which is impossible to return after opening of it, because of health or hygiene reasons, and the package has been opened after delivery. XIII. INTELLECTUAL PROPERTY 1. All contents posted on the www.eyewear24.net website, excluding content described in chapter I point 8 of Regulations, use copyright protection and is property of Arkadiusz Fras, who does business under the company Salony Optyczne Fras s.c., the address of business and the address of deliveries: ul. Kościuszki 2, 88-400 Żnin, NIP:5621803117, REGON:341291690. The Customer is fully responsible for any damages caused to the Service Provider, resulting from the use of any content of the www.eyewear24.net website, without the permission of the Service Provider. 2. Any use by anyone, without written permission of the Service Provider, any component that constitutes the content and content of www.eyewear24.net website is an infringement of copyright of the Service Provider and results civil and criminal liability. XIV. FINAL PROVISIONS 1. Contracts concluded by the store are concluded under Polish law. 2. Changes, made in Regulations by Service Provider, involve the Customer, provided that the Customer has been properly informed of the changes and has no terminated the agreement for the provision of electronic services within 14 days from the date of notification of changes by the store. 3. The content of changes of the Regulations will be communicated to each Customer by the Service Provider, on the main page of the store. Maintaining this information on the store’s main page should last at least 14 calendar days. 4. In case of contradiction of any part of Regulations with the applicable law, the applicable provisions of the regulations shall apply instead of the applicable provisions of Polish law. 5. Any disputes arising from the Sale Agreements between the Store and the Customer, first will be resolved by negotiation, with an intention of amicable ending of the dispute. However, if it is not possible or not satisfactory for either part, the disputes will be resolved by the competent general court in accordance with clause 6 of this chapter. 6. Court resolving of disputes: a) Any disputes arising between the Service Provider and the Recipient (Customer) being the Consumer, shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17.11.1964r. (Dz. U. Nr 43, poz. 296 ze zm.) b) Any disputes arising between the Service Provider and the Recipient (Customer) are subject to the court of competent jurisdiction of the Service Provider.