TERMS AND CONDITIONS
TERMS AND CONDITIONS OF THE ONLINE SHOP AT WWW.IVOLTA.PL OPERATED BY VOLTA SP. Z O.O.
These Terms and Conditions state rules of making purchases through the online shop operated by the Seller at www.ivolta.pl.
The Seller is Volta Sp. z o.o. based in Warsaw (02-230), 94 Jutrzenki Street, entered into the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division under KRS number 0000023698, NIP: 521-13-67-444, Regon: 010829096, also referred to as Service Provider.
The Service Provider can be contacted by:
- Customer Hotline: +48 22 295 06 06 cost per minute according to customer's telecommunication operator's rates.
- E-mail: firstname.lastname@example.org
§ 1 Definitions
- Terms and Conditions – these terms and conditions. In regard to electronically provided services Terms and Conditions are the regulations stated in article 8 of Act on Providing Services by Electronic Means of 18 July 2002 (2002 Journal of Laws No. 144, item 1204 as amended).
- Customer – natural person, legal entity or organisation with no legal personality but with full capacity to perform acts in law, who places an Order in the Online Shop, according to the rules stated in these Terms and Conditions. A Customer is also a B2B Partner in accordance to the conditions stated in the point 3 below.
- B2B Partner – the entity which is not a natural person with the exception of a natural person who is self-employed with whom the Seller signed individual B2B contract.
- Consumer – the Customer who is a natural person using the Online Shop for goals not directly connected with customer's business or professional activity.
- Company – the Customer not being a Consumer or a B2B Partner
- Service Provider / Seller – the entity providing purchase services through the Online Shop according to the rules stated in these Terms and Conditions.
- Product – moveable property presented in the Online Shop, which is the subject of Sale Contract
- Special Order Products – products with limited availability where the order possibility and/or order completion period depends on product's availability from producer or importer.
- Additional Service – service provided by the Seller to the Customer beyond the scope of the Online Shop in connection with the products sold.
- Sale Contract – sale contract of the Products as provided for by Civil Code, concluded between the Service Provider and the Customer through the Online Shop.
- Online Shop (Shop) – the website available at www.ivolta.pl, where the Customer is able to place an Order.
- Order – statement of the Customer's will, constituting an offer, clearly stating the type and amount of Products, chosen method of delivery (e.g. pick up in store) and a method of payment – this leading directly to Sale Contract conclusion through the Online Shop.
- ICT system – a collection of cooperating computer devices and software ensuring processing, storage, sending and receiving data through telecommunication networks by an appropriate end device for a given type of network.
- Website –the website available at www.ivolta.pl.
- Order Fulfilment – the activities including gathering of the ordered Products and their transfer to the carrier realising the chosen method of delivery.
- Customer's Account - a base containing the Customer's personal details for the purpose of fulfilment of placed orders as well as order and complaint history.
§ 2 General terms
- The Online Shop is selling goods via the Internet.
- All Products on offer are new, originally packed, with no physical or legal defects and were legally introduced to the Polish market.
- The use of Service Provider's ICT System requires an active email account from the Customer and a device connected to the Internet and fulfilling the following minimum technical requirements:
- the minimum screen resolution is 1024 x 768 pixels
- The Customer is obliged to refrain from any activities influencing functioning of the Shop, including refraining from supplying illegal content specifically content exhorting to violence, defaming a character, infringing personal interests or rights of third parties.
- The Seller neither guarantees that the Online Shop Website and the server hosting the Website are compatible with the hardware used by the Customer nor that the Website does not contain viruses, bugs, trojans. The Seller is not liable for any damage to the Customer resulting from those dangerous elements.
§ 3 Placing an order
- Information concerning the Products on offer on the Website is an invitation to make an offer and do not constitute an offer in view of the provisions of law.
- All available Products' prices are given in PLN. The prices do not include delivery costs. The Seller stipulates that in case an Order is placed by a Customer with his base or place of stay outside Poland the price in PLN will be converted into equivalent in a suitable currency (according to average exchange rates announced by Narodowy Bank Polski) i.e.
- the equivalent in Euro in case of Orders placed by Customers from the EU territory excluding Poland,
- the equivalent in USD in case of Orders placed by Customers from outside EU.
The Customer makes payment in a currency in which the Order was placed.
- The total cost that the Customer must pay, including taxes and shipping costs will be calculated and available for the Customer before ordering.
- The Orders can be placed through the Website or in exceptional cases through emails. Website Orders can be placed in 24/7 days a week cycle.
- The Customer
- can register in Online Shop in order to create a Customer's Account,
- can place an Order not registering
- not being a Consumer may conclude a B2B Contract with the Seller in order to obtain a B2B Partner status.
- To create an Account you need to fill in the registration form, state the first name and surname or company name, email address and password. You also need to accept these Terms and Conditions and agree for the processing of your personal data for the purposes of establishing, shaping the content, change, termination and correct performance of services by electronic means and the Customer's Order fulfilment. A message will be sent to Customer's email account, provided in the registration form, containing a link confirming registration and clicking it will conclude the registration process. Customer's Login is the email address provided in the form. Password is the set of characters chosen by the Customer. Customer's Password is not known to the Seller and the Customer is obliged to keep it secret and to protect it from third party access. The Customer is fully responsible for the actions of third party resulting directly from disclosing Login and/or Password by the Customer.
- After registering in the Online Shop signing in is possible with the use of details given in the registration form. After signing in the Customer can change or complete his/her personal details or change password under "My personal details" tab.
- In order to remove the Customer's Account from the Online Shop the Customer needs to send an email to: email@example.com, asking to remove Customer's Account.
- While placing an Order the Customer:
- selects ordered Products placing them in the basket
- if a Customer has an Account he/she signs in or if the Customer wishes to place an Order without registering he/she completes a form with his/her contact details, phone number and email address;
- selects the method and address of delivery,
- selects the method of payment.
- In case the details provided by the Customer while placing an Order are incomplete or doubtful the Seller will contact the Customer. If it is not possible to reach the Customer, the Seller is entitled to cancel the Order.
- The Order placed by the Customer constitutes an offer to conclude a Sale Contract for the ordered Products. The Sale Contract is concluded by the Customer placing an Order and the Seller confirming it on these Terms and Conditions.
- Delivery of the Order placed by the Customer is confirmed by an email automatically sent by the Online Shop to Customer's email address. The email is merely informative of the fact that Customer's Order has reached the server of the Online Shop.
- The Seller checks the accuracy of provided details in placed Order and then sends an Order Confirmation email to the Customer. The Seller reserves the right to request placed Order confirmation from the Customer.
- The Seller states that acceptance of the Order including providing additional Services may depend on Customer's email confirmation of genuineness of his/her Order. The Seller will contact the Customer for those purposes. If it is not possible to obtain confirmation from the Customer, the Seller is entitled to cancel the Order.
- In case the ordered Products are not available in store or at Seller's suppliers and there is no possibility to process Customer's Order, the Customer will be informed by the Seller about this situation within 30 days from the date of Sale Contract conclusion and will also receive full refund. The notice will be send to Customer's email. If such situation occurs the Seller is not liable for damages to the Customer resulting from the terminated Order.
- In case some of the ordered Products are not available in store or at Seller's suppliers, the Customer will be informed in an email about the change of Order's status and prospect of its realisation. The Customer's options are:
- partial realisation - Customer's choice of this option is treated as an Order of the available Products only;
- cancelling of the entire Order - Customer's choice of this option is treated as cancellation of this Order.
If the Customer already paid for the Product which is not accessible, he/she will get a refund for this Product from the Online Shop.
- The Seller will start processing an Order after its confirmation and after the funds have been credited to Seller's bank account. In case of "cash on delivery” or "cash at the pickup in store” payment method an Order is processed immediately after confirmation. In case of B2B Partners the beginning of Order processing is determined individually.
- In order to allow Customers to express an opinion on the proper realization of the Sale Contract by the Seller, the Seller shall send to the Customer invitation to fill out the questionnaire on the assessment of the transaction by e-mail. Filling out of the questionnaire is only a right and not an obligation of the Customer.
§ 4 The cost and time of shipment
- The Products will be delivered by a courier company or Poczta Polska S.A. (parcels weighing up to 2 kg) to the address provided by the Customer and according to the method of delivery chosen during the ordering process. There is also "pickup in store" option available. The list of available "pickup in store" locations is visible during the ordering process.
- The Products are delivered within the period shown beside each Product in the Online Shop. In case of ordering several Products with different accessibility period the Seller reserves the right to deliver them within the longest of those periods. These are, however, only estimated periods for orders with the "cash on delivery" payment method chosen. When choosing "bank transfer", "credit card" or "electronic transfer" payment method the period shown beside each Product in the Online Shop should be lengthened by the time of crediting the funds to the Online Shop bank account (usually 1-2 working days). In case of B2B Partners the Products' delivery is determined individually.
- The Customer pays the cost of chosen delivery method stated in the delivery pricelist. At any time the customer can check the pricelist by clicking the "Delivery Conditions" link.
§ 5 Payments
- Payment for the ordered Product may be realised by:
- cash at the pickup in store,
- cash on delivery
- electronic payment systems available on the Website or
- bank transfer to the Online Shop bank account.
In case of B2B Partners the methods of payment are determined individually.
- Each sold Product is provided with a proof of purchase (invoice or receipt).
- VAT invoice for purchased Products will be sent to the Customer's email account as an electronic image of settlement documents. Accepting these Terms and Conditions the Customer agrees that the Shop will issue and send an electronic VAT invoice. The Customer can request an invoice on paper; however, the Seller reserves the right to charge the Customer with environmental tax. The B2B Partner can require a VAT invoice on paper by completing a form available here Electronic Invoices Refusal Form, and other Customers can do that by writing such a request in the "Special instructions" box during the ordering process.
§ 6 Withdrawal from the Sale Contract, Product return
- The Consumer has the right to withdraw from the Sale Contract for convenience by providing an adequate statement in writing, within a 10-day period from the date of releasing the items by the Seller. When the Sale Contract concerns services – from the day of the Contract conclusion. The Consumer may download and fulfill Order Withdrawal Form here. The statement of withdrawal from the Sale Contract should be sent to Seller's address.
- The Consumer who withdrew from the Sale Contract in accordance with § 6 point 1 of these Terms and Conditions is obliged to return the purchased Product. The Product should be returned within a 14-day period from the day of withdrawal from the Sale Contract. The purchased Product should be returned to the Seller's address. The Consumer who withdrew from the Sale Contract is entitled to a full refund of payment. The cost of Product return is covered by the Consumer. In case of return at the expense of the Seller, the Seller reserves the right to deduct the cost of return from the refund paid to the Customer.
- The Product returned by the Consumer should be in genuine condition unless the change was necessary within the scope of ordinary management activities. The Consumer is liable for reduction in value of the Product resulting from Product's use exceeding the necessary ways to estimate the character, properties and functionalities of the Product. The returned Product should be properly packed to prevent it from damage.
- There is no return policy for audio or visual recordings or computer programs recorded on various data storage media delivered in sealed packages removed by the Customer and also the Special Order Products.
- Seller shall reimburse the payment (including the shipment costs) immediately, but not later than within 14 days of receipt of returned goods. Money back to the same account from which the consumer pays for the ordered goods, unless the consumer agrees to other conditions of reimbursement.
- The return of the purchased Product by B2B Partner is regulated by individual terms and conditions in a B2B Contract concluded between the Customer and the Seller.
§ 7 Warranty and Complaint Processing
- In case the Product is not consistent with the Sale Contract, the Consumer may lodge a complaint to the Seller's address.
- In order to lodge a complaint the Consumer completes the complaint form, available at "Register a complaint". After obtaining the number of complaint application the Customer returns to the Seller the Product with this number. A complaint is regarded as lodged at the moment defective Product reaches the Seller. Attaching the receipt to the complaint application will shorten the complaint process.
- The Seller will process the complaint within 14 days from the date of its lodging. In case of resolving the matter to the Customer's benefit the Seller will either repair or replace the defected Product with a new and fully functional one, according to Seller's choice.
- If the Product is inconsistent with the Sale Contract, the Consumer may demand bringing the product into conformity with the Sale Contract by free repair or replacing the Product with a new one, unless the cost of repair or replacement is too high. While estimating the excessive cost, the worth of the Product consistent with the Sale Contract and the type and degree of inconsistency are taken into consideration. If the above-mentioned causes prevent the Consumer from demanding the repair or replacement or if the Seller will not be able to satisfy the Consumer’s expectations in due time or the repair or replacement will expose the Customer to too much inconvenience, the Customer is entitled to demand adequate price discount or to withdraw from Sale Contract. It is not possible to withdraw from Sale Contract if the inconsistency is irrelevant.
- The Consumer loses the rights stated in point 4 of this paragraph if he/she does not notify the Seller about Product inconsistency with the Sale Contract within 2-month period. To stay within the time-limit the Customer needs only to notify the Seller.
- In case of a Customer who is not a Consumer, the Seller excludes the warranty for the physical defects of the Products purchased in the Online Shop (Art. 558 § 1 of the Civil Code).
- The Products purchased in the Online Shop by Companies and B2B Partners may be covered by producer's, importer's or Seller's warranty valid on Polish territory. The warranty period for each Product is shown in Product's description on the Online Shop Website. Detailed warranty conditions covered by the Seller and the procedure of lodging a complaint are available under the "Warranty Conditions" tab. Most of the Products are covered by warranties realised directly by authorised producers' service centres. The exact addresses of service centres are available on the producers' websites. A Company/B2B Partner may use the Seller's warranty procedure on account of Seller's warranty.
- The Consumer can use the extrajudicial means of dealing with complaints and redress. To seize the opportunity of peaceful settlement of disputes relating to purchases through the online store, the Consumer can submit his complaint, for example, via the EU's Internet platform ODR available at: http://ec.europa.eu/consumers/odr/
§ 8 Terms and Conditions of Handling Customer Complaints
- Repair service may refuse free repair in case of violation of the factory seals, non-compliance data and documents on the product, making corrections in the warranty card (if attached to the product) or interference in the device work by unauthorized persons.
- Free repair does not include actions that, according to the instructions of the goods shall be made by the Consumer.
- Free repair does not apply to:
- damage caused by improper use or storage, user negligence or use of the product not in accordance with the safety instructions.
- damage to goods caused by fire, flood, lightning or other natural disasters, war or civil unrest, unforeseen incidents, thermal injury, chemical contamination, corrosion and rust, wear and tear of the outer casing of the product.
- damage to goods caused by improper installation, improper use of consumables (other than those recommended by the manufacturer or the Guarantor) or use tchem not in accordance with the recommendations of the manufacturer or the Guarantor.
- actions related to normal operation and maintenance of: conservation, cleaning of sensors and readers, etc .; product damage caused by disruptions in the power supply.
- signs of normal wear and operation such as blown fuses, available to the user, and the magnetization of the kinescope tube, wear and tear of moving parts.
- the damage caused by power surges and the lack of protection devices in the network.
- the claim concerning the technical parameters of the equipment, if they are in accordance with those stated by the manufacturer.
§ 9 Changes in the Terms and Conditions
- If during the time from the last Customer's singing in to the Online Shop Website there have been changes in the Terms and Conditions, the Customer may either accept it or not. In case the Customer does not accept changes in the Terms and Conditions, especially after introduced changes, purchasing in the Online Shop will not be possible.
- The Customer who does not accept the changes in the Terms and Conditions is entitled to remove Customer's Account at any time. This can be done using the method described in § 3 point 8 of the Terms and Conditions.
- The Orders placed by the Customers before introduction of changes to the Terms and Conditions will be processed according to the Terms and Conditions valid at the time of placing the Order.
§ 10 Final provisions
- To all matters not settled herein provisions of applicable law shall apply.
- Disputes resulting from these Terms and Conditions and in connection to processing of Sale Contracts concluded between the Online Shop and Customers, will be resolved by the Court of competent jurisdiction and proper venue.
Terms and Conditions publication date: 15 June 2016