Regulations of the www.smartkontrol.eu online store
Preliminary Provisions
- The Online Store available at smartkontrol.eu, through which Products are sold, is run by UNI PLATINUM SP. Z O.O. SP.K. with its registered office in Warsaw, 01-227 Warszawa, ul. Szymczaka 5 lok.24 entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw, 14th Commercial Division of the National Court Register under the number 0000763482, with a share capital of PLN 198,000.00, paid up in full, with NIP: 525-277-47-26, REGON: 382090323.
- The Online Store conducts retail sale of Products within the meaning of § 2 section 1 point j), via the Internet, on the basis of these Regulations.
- These Regulations are the regulations referred to in art. 8 of the Act on the provision of electronic services. In the event of updating the Regulations, the version valid on the date of placing the Order is binding for the Customer, which means that the implementation of the Order and after-sales services will be carried out in accordance with the content of the Regulations in the wording applicable on the date of placing the Order.
- The Regulations specify the rules for using the Online Store available at www.smartkontrol.eu, in particular: the rules for registering and using the account within the Online Store, the terms and conditions for placing Orders and their implementation, the rules for concluding Sales Agreements using the services provided as part of the Online Store, and also, in the case of Consumers: the rules for exercising the rights under the warranty for defects and the right to withdraw from the Agreement.
- The Regulations are addressed to both Customers who are Consumers and Customers who are Entrepreneurs, with the exception of those provisions, the content of which clearly shows that they are addressed to a specific group of Customers.
- The Regulations are an integral part of the Sales Agreement concluded with the Customer.
- The Customer is not obliged to accept the Regulations, however, the lack of acceptance of the Regulations prevents the registration of the account and prevents the Customer from placing an Order.
- The Customer may access these Regulations at any time via the link on the website smartkontrol.eu, as well as download and print it.
Definitions
- Whenever the Regulations refer to:Online Store, Store - it is understood as the Internet service available at www.smartkontrol.eu, through which the Customer may, in particular, place Orders;
- Sellers - Uni Platinum sp. z o.o. sp.k. with its registered office in Warsaw at Szymczaka 5 lok. 24, 01-227 Warszawa, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw Warsaw, 14th Commercial Division of the National Court Register under the number 0000763482 and each of the employees employed in the Online Store, acting on its behalf and for its benefit.
- Customer - it means a natural person, legal person or organizational unit that is not a legal person, to whom the law grants legal capacity, placing an Order in the Online Store;
- Consumer - it means a natural person who performs a legal transaction with the entrepreneur not directly related to his business or professional activity.
- Entrepreneurs - it means a natural person, a legal person or an organizational unit that is not a legal person, which the law grants legal capacity, conducting business or professional activity on its own behalf.
- Sales Agreement, Agreement - it is understood as a contract for the sale of goods or services concluded between the Seller and the Customer using the Online Store website available at smartkontrol.eu;
- Product, Goods - it means things presented in the Online Store, covered by the Sales Agreement.
- Order - it is understood as a declaration of will made by the Customer, aiming directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods;
- Business day - a day of the week from Monday to Friday, excluding public holidays.
- Retail sale - it is understood as any sale made to the Customer, the one-time value of which does not exceed PLN 10,000 (in words: ten thousand zlotys) gross.
- Custom-made product - Product unavailable in the permanent offer of the online store, imported at the Customer's individual request.
- Consumer Rights Act - it means the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);
- Act on the provision of electronic services - it is understood as the Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2013, item 1422);
- Personal Data Protection Act - it means the Act of August 29, 1997 on the Protection of Personal Data (i.e. Journal of Laws of 2015, item 2135);Civil Code - it means the Act of 23 April 1964 Civil Code (i.e. Journal of Laws of 2016, item 380);Regulations - it means these Regulations with attachments, in the currently applicable wording.
General Provisions
- Using the Online Store requires the ICT system used by the Customer to meet the following technical requirements:
- the current version of the browser (supported browsers: Internet Explorer version 10.0 or newer with enabled Firefox version 17.0 or newer, Opera version 12.0 or newer, Google Chrome version 23.0 or newer, Safari version 5.0 or newer);
- minimum screen resolution of 728 x 1024 pixels;
- enabling the option of saving "cookies" and Javascript in the web browser.
- The seller uses "cookies". Their operation consists in saving by the Seller's server on the hard drive of the Customer's end device information obtained when using the Seller's website. "Cookies" enable the correct operation of the Seller's website on the Customer's end devices and do not affect the configuration settings of these devices, as well as the configuration settings of the software installed on these devices. By using the web browser option on the end device, the Customer has the option of disabling "cookies", which may, however, result in hindered use or complete prevention of the use of the Seller's website.
- Information presented on the Online Store website or - in the case of placing Orders using other means of distance communication - an electronic message confirming the content of the proposed Sales Agreement, in particular the description of the Goods, their technical and functional parameters and prices, are only directed by the Seller an invitation to conclude a contract within the meaning of art. 71 of the Civil Code and do not constitute an offer within the meaning of the provisions of the Civil Code.
- The Seller informs that using the Online Store via a web browser, including placing an Order, as well as making a telephone connection with the Seller, may involve the need to incur the costs of connecting to the Internet (data transfer fee) or telephone connection costs, in accordance with the tariff package of the service provider used by the Customer.
- The Seller undertakes to provide the Customer with Goods free from defects.
Rules for using the Online Store
- In order to place an Order in the Online Store directly via the Store's website or via e-mail and to be able to use the services provided on the Store's website, the Customer must have an active e-mail account.
- Placing an order by phone in the Online Store requires the Customer to have an active telephone number and an active e-mail account,
- The customer has the option of registering in the Online Store in order to set up a customer account. The account may be deleted by the Customer (Resignation from the account) at any time and without giving any reason. Resignation from the account takes place by sending to the Seller via e-mail (to the address biuro@smartkontrol.eu) information about the resignation from the account.
- Registration is free of charge and is not required to place an Order in the Store.
- Registration takes place by completing and accepting the registration form available on one of the Store's pages. The Customer should provide the login and password in the form of characters determined by him, which will enable access to the Customer's account. The customer is obliged to keep the login and password secret and protect them against unauthorized access by third parties. At any time, the customer has access to his account, can correct, update or delete it.
- The condition for registration is consent to the content of the Regulations and providing personal data marked as mandatory.
- The Seller may, with immediate effect, deprive the Customer of the right to use the Online Store, as well as limit his access to some or all of the Online Store's resources in the event of a breach by the Customer of the Regulations, and in particular when the Customer: provided untrue, inaccurate or outdated data during registration in the Online Store, misleading or infringing the rights of third parties; committed an infringement of the personal rights of third parties via the Online Store, in particular the personal rights of other Store Customers; will engage in other behaviours that will be considered by the Seller to be inconsistent with applicable law or general principles of using the Internet or detrimental to the good name of the Seller.
- A person who has been deprived of the right to use the Online Store may not re-register without the Seller's prior consent.
- In order to ensure the security of the transmission of messages and data in connection with the services provided as part of the Store, 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 way that does not interfere with its functioning; in particular for use with specific software or devices;
- 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;
- not to take actions such as sending or posting unsolicited commercial information (spam) as part of the Online Store;
- refrain from taking any actions (including IT activities) aimed at unauthorized access to information not intended for the Customer, including in particular data of other Customers;
- not to modify in an unauthorized manner the content posted by the Seller, including the prices or descriptions of the Products provided in the Store;
- use the Online Store in a way that is not inconvenient for other Customers and for the Seller;
- use any content posted as part of the Online Store only for your own personal use;
- use the Online Store in a manner consistent with the provisions of generally applicable law in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet and the accepted principles of social coexistence and established customs;
- providing in the Order and registration forms true, current and complete data indicated as mandatory customer data;
- updating the indicated Customer data to the extent that it is necessary for the proper performance of services and the execution of the Order;
- timely payment of the price and other costs agreed by the Customer and the Seller;
- Complaints regarding the provision of electronic services may be submitted via e-mail to the address biuro@smartkontrol.eu or in writing to the address of the Seller's store, i.e. Janki, ul. Al. Krakowska 44, 05-090 Janki. The complaints referred to in this paragraph do not apply to complaints about the Product.
- It is recommended that the Customer provide in the description of the complaint: information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity, the Customer's specific request and contact details of the complainant - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the previous sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
- Consideration of the complaint by the Seller takes place immediately, but not later than within 14 calendar days.
Placing Orders and concluding a Sales Agreement
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order.
An Order may be placed:
- via e-mail to the following address: biuro@smartkontrol.eu;by phone, at the number 22 723 19 09;
- using a registered Customer account or directly via the Store's website.
- Orders of Goods from the Online Store can be made via e-mail 24 hours a day, 7 days a week. Telephone orders can be placed on business days from 10am to 6pm
- A natural person placing an Order must be over 18 years old and have full legal capacity. The obligation to have full legal capacity also applies to representatives and proxies acting on behalf of the Client. Placing an order by a proxy of a natural person, as well as a proxy or representative of a legal person or an organizational unit without legal personality, is tantamount to submitting a statement that the proxy or representative is authorized to represent a given Customer. If the power of attorney to act on behalf of the Customer is not confirmed by him, or if the person placing the order as a body of a legal person is not its body, or goes beyond the scope of his powers, he will be obliged to return what he received from the Seller, as well as to repair the damage that the Seller will incur as a result of accepting the order without knowing about the lack of authorization.
- In order to place an order via the Online Store, go to the website smartkontrol.eu, select the Product and follow the technical steps displayed on the website in the form of messages and displayed information. The selection of ordered Products is done by adding them to the basket.
- In order to place an Order, the Customer must provide data marked as mandatory. Providing the company's NIP or the NIP of a sole proprietorship in the process of placing an Order means the willingness to place an Order as an Entrepreneur.
- When placing the Order, until the "Order and pay" button is pressed, it is possible to modify the entered data free of charge, including the data regarding the Order itself, in particular the number of Products, as well as replacing the Product with another. After pressing the "Order and pay" button, changing the data is possible only by sending an e-mail to biuro@smartkontrol.eu and may involve additional fees.
- Changing the delivery address, without incurring additional costs, is possible until the Goods are handed over to the carrier. Any additional delivery costs will be collected from the Customer in the form of a transfer to the Seller's bank account, after prior consent of the Customer.
- After the Customer enters his data marked as necessary and adds the ordered Products to the basket, a summary of the placed Order will be displayed. This summary will contain the following information:
- the name and main features of each ordered Product.
- chosen payment method.
- the unit price of each ordered Product, including VAT;
- selected delivery method.
- cost of delivery.
- additional costs, if any.
- the total cost of the placed Order.
- In order to place an Order, it is necessary to confirm that you have read the Regulations and accepted them. In addition, it is necessary to consent to the processing of personal data in connection with the execution of the Order. In the case of Customers who are Consumers, it is necessary to confirm that they have read the instruction on the right to withdraw. The confirmation referred to above and consent to the processing of personal data is done by ticking the appropriate boxes at the end of the order form.
- Pressing the "Order and pay" button is a declaration of the Customer's will to conclude a Sales Agreement with the Seller, in accordance with these Regulations.
- After placing the Order, the Customer receives an e-mail to the e-mail address indicated in the registration form or when placing the order, entitled "Order Confirmation", containing confirmation of all essential elements of the Order.
- If the Customer intends to place an Order by phone or directly via e-mail, the Customer should contact the Seller at the following address: biuro@smartkontrol.eu or at the telephone number 22 723 19 09;
- Customers who are Consumers who have chosen the form of placing an order by phone will be informed by the Seller at least about:
- data identifying the Seller.
- where they can read the Regulations and information on the right of withdrawal.
- the main features of the Product and the obligation to pay for the placed Order.
- the total cost of the placed Order.
- With the consent of the Consumer, other information will be recorded and sent via e-mail to the address provided when placing the Order.
- After placing the Order by phone or via e-mail, an e-mail titled "Order Confirmation" will be sent to the Customer, containing all relevant data regarding the Order, including these Regulations. The Order is placed by the Customer by sending an e-mail or to the address of the Seller's registered office, a statement on the conclusion of the Agreement and acceptance of the Regulations.
- The contract is considered concluded at the moment of sending an e-mail titled "Order Confirmation" to the Customer.
- The sales contract is concluded in Polish, with the content in accordance with the Regulations.
- The Seller reserves the right to refuse to accept an order whose value exceeds the value of retail sales referred to in § 2 section 1 point j). In the event of refusal to accept the order, the Customer will be informed within 2 business days about the refusal to accept the order and the possibility of concluding a Wholesale Agreement, to the e-mail address provided by the Customer.
- The Buyer does not have the right to withdraw from the contract if the subject of the service is a non-prefabricated item, manufactured according to the Buyer's specifications or serving to satisfy his individual needs.
Payment methods, payment terms, prices
- The prices of the Products indicated on the Store's website are given in Polish zlotys and include all components, including VAT in the amount of 23%, customs duties and others.
- The Seller is responsible only for the prices and descriptions of the Products posted on its website. The Seller is not responsible for the prices and description of the Product on websites administered by third parties, in particular such as price comparison websites. It is recommended to check the price and description of the Product each time directly on the Online Store website.
- The Seller offers the following payment methods to the Customers:
- transfer to the Seller's bank account for UNI PLATINUM SP. Z O.O. SP.K. with its registered office in Warsaw, ul. Szymczaka 5 lok. 24 01-227 Warsaw via Bank BGŻ BNP Paribas S.A. with the number: 16 1750 0009 0000 0000 4097 4644; payment is collected by the bank at the time of transfer;
- payment in the "Przelewy24" electronic system;
- cash on delivery from the courier; cash payment is collected at the time of delivery of the Goods;
- payment in cash upon personal collection at the Seller's registered office.
- Credit Agricole Installments payment made by Credit Agricole Bank Polska S.A.
- Each Order sent is accompanied by a VAT invoice or receipt constituting a confirmation of sale and proof of ownership.
- The ordered Goods remain the property of the Seller until the payment for the Goods is made. Until the transfer of ownership, without the express consent of the Seller, the Buyer has no right to further sale, lease, establishment of pledge, transfer of ownership to secure claims, processing and other dispositions and making changes to the Goods.
Order fulfilment
- The delivery time of an order completed with shipment (or personal collection) is determined on the basis of the product availability date of a given manufacturer. If the Buyer orders products with different availability dates, the shipping time (or personal collection) is equal to the shipping time of the goods with the longest given time. In the event of a lack of a product ordered by the Buyer or an extension of the order processing time, the Buyers are informed about this fact by e-mail or by phone. Buyers, in accordance with their decision, will be able to wait for delivery, choose another product or withdraw from the Agreement. Withdrawal from the Agreement involves the return of all funds for the unrealized order, provided that they have been paid by the Buyer to the Seller's bank account
- If you choose payment by bank transfer and in the Przelewy24 payment system, the execution of the Order begins only when the payment is credited to the Seller's bank account.
- The deadline for the execution of Orders with payment on delivery made after 11:00 or Orders with prepayment for which the payment will be booked after 11:00 is extended by one business day.
- If you choose payment by bank transfer, in the Przelewy24 payment system and on delivery, the execution of the order is completed with the shipment of the Order, which takes place within two working days (subject to paragraph 2) from the moment of starting the execution of the Order. In the case of choosing payment on personal collection, the execution of the order is completed by sending an e-mail to the e-mail address indicated by the Customer entitled "Order ready for collection"
Delivery
- The delivery of Products is limited to delivery within the territory of the Republic of Poland and takes place to the address indicated by the Customer when placing the Order.
- Deliveries to Customers are made by GLS or INPOST courier company or by personal collection of the Product at the Seller's headquarters. When placing an Order, the Customer selects one of the above-mentioned delivery methods.
- Delivery of the Product to the Customer is payable, unless the Agreement provides otherwise. Delivery of the Product consisting in the receipt of the Product by the Customer at the Seller's headquarters is free of charge
- Delivery costs are indicated underaddress. In addition, the delivery costs are indicated to the Customer at the time of placing the Order.
- Delivery takes place to the address indicated by the Customer when placing the Order. The seller is not responsible for incorrectly provided address.
- The customer receives the shipment in the period consisting of:
- the time of order fulfillment and
- delivery time of the Product by the carrier.
- The delivery time of the Product by the carrier depends on the carrier selected when placing the order. If you choose the InPost courier company, this time is no longer than 7 days. If you choose Kursk DHL., DPD, this time does not exceed 7 days. When placing an order, the Customer will be informed each time about the estimated delivery date or the Customer will be informed each time about the estimated delivery date in the "order confirmation" e-mail received from the Seller.
- If it is not possible to make delivery to the address indicated by the Customer, the Seller will contact the Customer in order to indicate an alternative delivery address or cancel the Order.
- In relation to Customers who are Entrepreneurs, the Seller shall not be liable for any losses, claims, costs, damages, fees or expenses incurred by Customers who are Entrepreneurs and resulting from any delays in delivery.
- Upon delivery of the Product to the Customer, the risk of its loss or damage passes to him. If the delivery of the Product is delayed as a result of the Customer's breach of the Agreement, the risk referred to in the first sentence shall pass to the Customer at the moment when the delivery would have taken place if such a breach had not occurred. The Seller shall not be liable for loss or damage to the Product from the moment the risk is transferred to the Customer.
- The Customer is obliged to ensure the receipt of the Product without undue delay and within a reasonable time.
- REMEMBER! Before collecting the parcel from the courier, check its condition. According to Art. 74. Para. 1 Transport Law - If before shipping it turns out that it has suffered loss or damage, the carrier shall immediately determine the condition of the shipment and the circumstances of the damage in a report. The carrier performs these activities also at the request of the recipient, if he claims that the shipment is damaged. This protocol will significantly speed up the initiation of the complaint procedure, and thus the replacement of damaged goods with new ones.
💡 Please careful inspection of the package upon receipt. If the product has any damage please draw up a damage report together with the courier – otherwise, a complaint for loss or mechanical damage will be impossible.
The right to withdraw from the Agreement by the Customer who is a Consumer.
- The consumer may, within 14 calendar days, withdraw from the Agreement concluded at a distance, without giving any reason, on the terms described in the Act on consumer rights. The deadline to withdraw from the Agreement starts from the day on which the Customer came into possession of the item or on which a third party, other than the carrier, indicated by the Customer came into possession of the item.
- The deadline is considered met if, within 14 days from the date of the event described in section 1 The Customer shall provide the Seller with a declaration of withdrawal.
- The statement may be sent to the address of the Seller's shop, i.e. UNI PLATINUM SP. Z O.O. SP.K. Janki, Al. Krakowska 44, 05-090 Janki, delivered in person or via e-mail to the e-mail address: biuro@smartkontrol.eu. -Download the form
- The customer may use the available model withdrawal form, which is an attachment to the Regulations (visible on the last page of the Regulations). The use of the provided template of the Regulations is not obligatory.
- If the Customer sends a statement of withdrawal from the Agreement electronically, the Seller shall immediately send the Customer via e-mail confirmation of receipt of information on withdrawal from the contract.
- In the event of withdrawal from the Agreement by the Customer, the Agreement is considered not concluded.
- In the event of withdrawal from the contract, the Seller is obliged to immediately return to the Customer all payments received from the Customer, including the costs of delivering the item (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest, usual method of delivery offered by the Seller), and in each case, no later than 14 days from the date on which the Seller was informed by the Customer about the exercise of the right to withdraw from the Agreement.
- The Seller will refund the payment using the same payment methods that were used by the Customer in the original transaction, unless the Customer expressly agreed to a different solution; in any case, the Customer does not incur any fees in connection with this return.
- The Seller may withhold the return of payment until receipt of the Goods or until the Seller has been provided with proof of its return, depending on which event occurs first.
- If the Customer has used the Goods in a way that goes beyond what is necessary to establish its nature, characteristics and functioning, as a result, it is liable for reducing the value of the Goods being the subject of the Agreement.
- In the event of withdrawal from the Agreement, the Customer is obliged to return the product, unused in its original packaging, to the Seller immediately, but not later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to send back the Goods before its expiry. In this case, the Customer bears only the direct costs of returning the Goods.
- The Buyer does not have the right to withdraw from the contract if the subject of the service is a non-prefabricated product, manufactured according to the Buyer's specifications or serving to satisfy his individual needs.
- Pursuant to Art. 34 sec. 2 of the Act of 30 May 2014 on consumer rights, the costs of returning the goods (i.e. from the Buyer to the Seller), from which the customer resigned for individual reasons, are covered by the Buyer.
The right to return the goods in connection with withdrawal from a distance contract is granted only to the Consumer who is a natural person who does not run a business or runs a sole proprietorship when the goods were purchased for a purpose not directly related to its business or professional activity, in accordance with the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827) and pursuant to art. 22 of the Civil Code (Journal of Laws of 2014, item 121, as amended).
Attention, complaints about parcels that have been damaged in transport WILL BE CONSIDERED only if the complaint documents are accompanied by DAMAGE REPORT.
Complaints without a written damage report will not be considered.
Warranty rights for the Customer who is a Consumer.
- The Seller is liable to the Customer under the warranty for physical and legal defects on the terms set out in art. 556 and following of the Civil Code.
- Complaints arising from the violation of the Customer's rights guaranteed by law or under these Regulations should be sent to the e-mail address: office@smartkontrol.eu or by post or in person to the following address: UNI PLATINUM SP. Z O.O. SP.K. Janki, Al. Krakowska 44, 05-090 Janki.
- The Seller undertakes to consider each complaint immediately, but not later than within 14 calendar days. If the Seller does not respond to the complaint within the above-mentioned period, it is deemed that the complaint has been accepted.
- If it is necessary to deliver the Goods to consider the complaint or to exercise the Customer's rights under the warranty, the Customer will be asked by the Seller to deliver it to the address of the Seller's registered office. The costs of delivering the Goods are borne by the Seller. The delivery of the Goods does not affect the running of the period indicated in paragraph 3 and does not violate the Customer's right to request the Seller to dismantle the defective Goods and re-install them after removing the defect or replacing it with a defect-free one.
- The Customer, if it is found that the Goods have defects, is entitled to submit a statement containing a request to reduce the price or submit a statement of withdrawal from the Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the Goods with a defect-free one or removes the defect. The Seller does not have the right to replace the item with a defect-free one or remove the defect if the Product has already been replaced or repaired by the Seller or if the Seller has not fulfilled the obligation to replace it with a defect-free one or remove the defect.
- The Customer may not withdraw from the Agreement if the defect is insignificant.
- The Customer may, instead of removing the defect proposed by the Seller, demand replacement of the item with a defect-free one, or instead of replacing the item, demand removal of the defect, unless bringing the Goods to a state compliant with the Agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would be exposed by a different method of satisfaction.
- If the Goods have a defect, the Customer may also: demand replacement of the item with a defect-free one, demand removal of the defect.
- The Seller is obliged to replace the defective item with a defect-free item or remove the defect within a reasonable time without undue inconvenience to the Consumer.
- If a defective Product has been installed, the Customer may request the Seller to disassemble and reinstall it after removing the defect or replacing it with a defect-free one, however, he is obliged to bear some of the related costs exceeding the price of the Goods sold or may demand from the Seller payment of part of the costs of disassembly and reassembly, up to the price of the sold Goods. In the event of failure to perform the obligation by the Seller, the Customer is authorized to perform these activities at the expense and risk of the Seller.
- The costs of replacing or repairing the Product, subject to point 10, shall be borne by the Seller.
- In the event of withdrawal by the Customer from the Agreement when exercising the rights under the warranty or in the event of replacing the Product with a defect-free Product, the Seller is obliged to accept the defective Product from the Customer.
- The Seller is obliged to respond to the Customer's statement on the price reduction request, the statement on withdrawal from the Agreement, the request to replace the Goods with defect-free ones or the request to remove the defect within 14 calendar days from the date of receipt of the Customer's statement. After the ineffective expiry of this period, it is considered that the Client's statement or request was justified.
- The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Product to the Customer.
- The Customer's claim for the removal of a defect or replacement of the Good with a defect-free one expires after one year from the date of finding the defect, but not earlier than two years from the date of delivery of the Good to the Consumer.
- In the case of pursuing one of the rights under the warranty before the court or arbitration court, the deadline for exercising other rights of the Consumer in this respect is suspended until the final conclusion of the proceedings. This provision shall also apply accordingly to mediation proceedings, while the deadline for exercising other warranty rights to which the Consumer is entitled begins to run from the date of refusal by the court to approve the settlement concluded before the mediator or ineffective termination of mediation.
- The expiry of the deadline for finding a defect does not exclude the possibility of exercising the warranty rights if the Seller has fraudulently concealed the defect.
Warranty
- The Products sold may be covered by a warranty provided by the manufacturer or distributor.
- In the case of Products covered by the guarantee, information on its existence and content is each time posted on the Store's website.
- The warranty rights are described in the warranty card or on the Store's website. These powers should be exercised in accordance with the conditions described therein
Out-of-court methods of settling disputes.
- The provisions of this paragraph are for information purposes only.
- Customers have the right, on a voluntary basis, to use out-of-court dispute resolution methods.
- The Seller is not obliged to use out-of-court dispute resolution methods.
- Customers who are Consumers may obtain detailed information on the possibility of using out-of-court dispute resolution methods at the headquarters and on the websites of poviat and municipal consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection. The website address of the Office of Competition and Consumer Protection is:uokik.gov.pl
- Customers who are Consumers have the option of using the online platform for settling disputes arising between consumers and entrepreneurs (ODR platform). This platform is available onlinehttp://ec.europa.eu/consumers/odr and is an EU multilingual website for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.
Provisions concerning Entrepreneurs.
- The Seller has the right to withdraw from the Sales Agreement in relation to the Customer who is an Entrepreneur, within 14 calendar days from the date of its conclusion, without giving any reason. The Customer is not entitled to any claims in connection with the Seller's exercise of the right to withdraw from the Agreement.
- The Seller has the right to limit the available payment methods for Customers who are Entrepreneurs, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer.
- As soon as the Seller releases the Products to the carrier, all benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is an Entrepreneur. The Seller shall not be liable for the loss, shortage or damage to the Product arising from its acceptance for transport until its release to the Customer, as well as for delays in the transport of the shipment.
- If the Product is sent to the Customer via a carrier, the Customer who is an entrepreneur is obliged to examine the shipment in time and in the manner accepted for such shipments. If he finds that the Product has been lost or damaged during transport, he is obliged to take all actions necessary to determine the liability of the carrier.
- The Seller's liability under the warranty for the Product towards the Customer who is an Entrepreneur is excluded pursuant to art. 558 § 1 of the Civil Code.
- In the case of Contracts for the provision of services, the Seller may terminate the contract with Customers who are not Consumers with immediate effect and without giving reasons by sending them a statement in any form.
- The Seller's liability towards the Customer who is an Entrepreneur, regardless of its legal basis, is limited - in relation to a single claim, as well as all claims jointly - to the amount of the price paid and delivery costs under the Sales Agreement.
- The Seller is liable to the Customer who is an entrepreneur only for normal consequences resulting from the damage, i.e. those that could have been foreseen at the time of concluding the Agreement. The Seller shall not be liable to the Customer who is an Entrepreneur for lost profits.
- The Seller reserves the right to amend the Regulations in relation to Customers who are Entrepreneurs at any time, based on applicable law.
Privacy policy and personal data protection
- The administrator of personal data, within the meaning of the Act on the Protection of Personal Data, collected via the Online Store, is Uni Platinum SP. z o. o. sp.k. with its registered office in Warsaw, ul. Szymczaka 5 lok. 24
- Providing personal data in the forms takes place with the consent of the Customer, and is necessary to complete the order. (Article 6(1a) GDPR)
- The processing of Customers' personal data is carried out in accordance with the Personal Data Protection Act and the Electronic Services Provision Act.
- Personal data is used to implement Sales Agreements, and therefore may be transferred to entities responsible for the execution of payments, delivery of purchased goods to the Customer and - in the case of purchases in installments - to institutions crediting the purchase. (Article 6(1b) of the GDPR) )
- The personal data administrator processes the following personal data of Customers: name and surname, e-mail address, contact telephone number, address of residence or registered office (street, house number, apartment number, zip code, city, province, country).
- Using the Online Store and concluding Sales Agreements and the related provision of personal data is voluntary. A customer who does not consent to the processing of personal data in the manner and for the purpose specified in the Regulations should refrain from using the Online Store, because placing an Order is tantamount to consent to the storage and processing by the Administrator indicated in par. 1 of personal data provided in the Order form and on the registration website smartkontrol.eu. in accordance with the provisions contained in the Act on the Protection of Personal Data, for the purposes referred to in art. 23 sec. 1 point 3 (if it is necessary for the performance of the contract) and art. 23 sec. 1 point 5 in connection with art. 23 sec. 4 point 1 and point 2 of this Act.
- Information on methods and technical means for detecting and correcting errors in the entered data: when placing an Order, until the "" button is pressed, Customers with an account in the Online Store have the option of correcting the entered data by editing the account profile; data verification or correction. Orders can also be placed by sending an e-mail to: biuro@smartkontrol.eu;
- The customer has the option to change the data entered when creating the account at any time, within the available options.
- Information on the rules and methods of recording, securing and making the content of the concluded Agreement available to the Customer by the Seller:
- the content of the concluded Agreement is recorded, secured and made available by sending the content of this Agreement to the e-mail address provided by the Customer or by providing the Customer with the specification of the Order and the proof of purchase;
- the content of the concluded Agreement is additionally recorded and secured in the Seller's ICT system and made available at each request of the Customer.
- The Seller automatically collects data contained in "Cookies" when using the Store's website.
- Customers' personal data are confidential and will not be disclosed to third parties.
- Customers' personal data are stored, secured and protected in accordance with the provisions of the Personal Data Protection Act and are not transferred, resold, lent or otherwise made available to other persons or institutions. Personal data may be transferred to authorized bodies on the terms set out in the applicable law. (Article 6(1c) of the GDPR)
- The Buyer has the right to inspect their personal data, to correct them and to submit a request to stop processing them by the Seller.
- More about privacy policy
- Additional provisions
- The Seller is the owner of the property rights as well as intellectual rights to the logotype, Internet domain, Store website, as well as written and visual content posted on them. The exception is the content used to present the Goods, the copyrights to which are owned by third parties. The use of all content contained on the Store's website may only be carried out in accordance with the Regulations, and publishing them in any form and medium requires the written consent of the Seller.
- In relation to Customers who are Consumers, the Seller informs that the Consumer may not waive the rights granted to him in the Act on Consumer Rights. Provisions of contracts less favourable to the consumer than the provisions of the Act on Consumer Rights are invalid, and the provisions of the Act on Consumer Rights apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory provisions of law, and any possible doubts should be explained in favour of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, priority shall be given to these provisions and they should be applied.
- The Act on used electrical equipment obliges the Store to accept used equipment (goods of the same type as purchased in our store and in the same quantity) from our customers. The customer may return the equipment at his own expense to the address of the Store after informing us about it by phone or e-mail. You can also ask the Commune or City Office for a facility in your area that deals with free recycling of used electronic and electrical equipment. In addition, such information can be found on the website of the Chief Inspectorate of Environmental Protection.
- Customers who have an account in the Store will be informed about the change in the Regulations via e-mail correspondence. If, within the time that has elapsed since the last login, the Regulations have been changed, the Customer accepts or does not accept its provisions after the changes. In the absence of acceptance of the terms of the Regulations, in particular after introducing its changes, shopping in the Online Store is not possible. The customer who does not accept the changes introduced in the Regulations has the right to delete the account at any time. Orders placed by Customers before the entry into force of the amendments to the Regulations will be carried out in accordance with the existing provisions of the Regulations.
- If any of the provisions of the Regulations are found to be unlawful, invalid or otherwise unenforceable, the remaining provisions of the Regulations remain effective
- The headings in the Regulations have been included only to ensure the clarity of the text and should not be taken into account when interpreting the Regulations.
- Expressions in the singular also apply to the plural, if the context so requires, and vice versa.
- Any reference to a legal provision shall be a reference to the relevant provision as amended, as well as to any ordinances, orders and other implementing acts issued based on the given legal act.
Final Provisions
- Settlement of any disputes that have not been resolved amicably, arising between the Seller and the Customer who is a Consumer within the meaning of art. 221 of the Civil Code, is submitted to the competent courts in accordance with the provisions of the Act of November 17, 1964. Code of Civil Procedure (i.e. Journal of Laws of 2014, item 101, as amended).
- Settlement of any disputes arising between the Seller and the Customer who is not a Consumer within the meaning of art. 221 of the Civil Code, is subject to the court having jurisdiction over the seat of the Seller.
- In matters not covered by the Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services and other relevant provisions of generally applicable law; for Sales Agreements concluded by December 24, 2014 with Customers who are Consumers - the provisions of the Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws of 2000, no. 22, item 271, as amended) and the Act of 27 July 2002 on special terms of consumer sales and on amendments to the Civil Code (Journal of Laws of 2002, No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are Consumers - the provisions of the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended);
Annexes to the Regulations(download)