TERMS AND CONDITIONS OF THE ITALUX ONLINE STORE

 

The Seller and the owner of the Online Store is Italux Janusz Baran sp. kom. with its registered office in Warsaw (04-697), address: ul. Mrówcza 208, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw Warszawa in Warsaw, 13th Commercial Division under KRS number: 0000351037, NIP: 9522085112, REGON: 14233643100000.

 

Contact with the Seller and the method of communication with the Customer:

by phone; phone number:

  • +48 22 300 26 56 (on Business Days from 9.00 am to 4.00 pm, and on Saturday from 9.00 am to 2.00 pm);
  • + 48 696 038 288 (on Business Days from 9.00 am to 4.00 pm, and on Saturday from 9.00 am to 2.00 pm);
  • by e-mail; e-mail address: [email protected]
  • by post; local address for service: Ul. Rebusowa 3, 02-292 Warsaw.

 

§ 1. DEFINITIONS

Order Completion Time - the time during which the order is completed and then released to the carrier in order to deliver the Goods to the address indicated by the Customer; The Order Execution Time does not include the delivery time (the time between the release of the Goods by the Seller to the carrier and its release to the Customer);

Business days - days of the week from Monday to Friday (excluding public holidays);

Customer - an entity with full legal capacity, who, under the conditions specified in the Regulations, places an Order in the Online Store and for whom electronic services are provided;

Consumer - a natural person making a legal transaction with the entrepreneur not directly related to his business or professional activity;

Account - a service provided electronically; a customer-dedicated, modifiable element of the Online Store, created after the Customer's Registration;

Shopping basket - a service provided electronically; a form constituting an integral part of the Store's purchasing system, in which the Customer approves the subject and terms of the Order, i.e. the type and quantity of Goods, delivery or invoice details, payment method;

Regulations - these regulations of the Online Store;

Registration - a service provided electronically; procedure performed by the Customer in the manner indicated in the Regulations in order to set up an Account and possibly complete the Order and use certain functions of the Online Store;

Online Store (Store) - an internet service available at www.outletoswietleniu.pl, with the use of which the Customer may, in particular, place an Order for available Goods;

Sklep Stacjonarny - a traditional place of sale run by the Seller, located in Warsaw, at Rebusowa 3 street, open Mon. – Friday: 10.00 – 17.00 and Saturdays 9:00 – 14:00;

Goods - a product indicated in the Online Store, which may be the subject of the Sales Agreement; the essential properties of each Good are made available on the subpage of the Store assigned to it; the image of the Goods presented on the Online Store website is a visualization of its actual appearance and is for information purposes only;

Sales Agreement - a contract for the sale of Goods within the meaning of the Act of 23 April 1964 - Civil Code, concluded in accordance with the provisions of these Regulations between the Seller and the Customer, via the Store's sales system;

Order - Customer's declaration of will leading directly to the conclusion of the Sales Agreement, with an indication of its essential conditions, made using the Basket.

 

§ 2. GENERAL PROVISIONS

  1. These Regulations define the rules for using the Online Store, in particular the conditions for setting up an Account, placing an Order and modifying it, making payments and other rights and obligations of the Customer and the Seller.
  2. Through the Online Store, retail sale of Goods is carried out, in particular lighting, via the Internet. The Online Store also provides free services provided electronically in the form of sharing the functionality of the Store, including maintaining a Customer Account and an interactive Order submission form.
  3. If a service provided electronically consists of an interactive form, the Seller clearly marks the fields that must be completed in order for the Customer to use the service.
  4. These Regulations are made available free of charge before concluding the contract on the Online Store website, and - at the Customer's request - in a way that allows him to obtain, reproduce and record the content of the Regulations using the ICT system.
  5. The condition for using the Online Store is to read and accept the Regulations.
  6. The information contained in the Online Store is not an offer within the meaning of the Act of 23 April 1964 - Civil Code, but constitutes an invitation to conclude a Contract.
  7. In order to use the Online Store and complete the Order, the following minimum technical requirements must be met: a device with Internet access, an installed and updated version of the Edge, Chrome, FireFox, Opera, Safari web browser with JavaScript enabled, an active account electronic mail (e-mail). Recommended minimum screen resolution: 1024x768 pixels.
  8. The customer is prohibited from: providing content prohibited by law, including content that violates personal rights and other rights of third parties; acting in a way that violates the law or in order to circumvent the law, as well as in conflict with the principles of social coexistence or decency; use the Online Store in a way that disrupts its functioning or is burdensome for the Seller and other Customers.
    9. The Seller ensures the protection of electronic transmission and digital content by using technical and organizational measures to protect them, in particular data against their acquisition by unauthorized persons, including SSL encryption, access passwords or anti-virus programs and against unwanted software. At the same time, the Seller indicates that the use of the Internet and services provided electronically may be at risk of malicious software entering the ICT system and the user's device, as well as unauthorized access to the Customer's data, including personal data, by third parties. In order to minimize these threats, the Customer should use appropriate technical security measures, e.g. using anti-virus programs or programs that protect user identification on the Internet.
  9. Agreements are concluded in accordance with Polish law and in Polish.

 

§ 3. REGISTRATION

  1. The customer has the option of creating an individual Account to streamline the Order placement process, including saving the ordering party's data, delivery address and viewing the purchase history. For this purpose, the Customer completes the Registration procedure.
  2. The user gains the status of a registered customer after performing the necessary registration activities in the Online Store according to the interactive form (in particular providing his real data), following the messages displayed in the form when completing it, and then activating the "Register" button.< /li>
  3. The Customer may also set up an Account during the Order placement procedure by activating the "Create an Account" button.
  4. At the moment of confirmation of the Registration sent to his e-mail address, an agreement for the provision of services by electronic means of maintaining an Account with the Seller is concluded for an indefinite period. The Customer may terminate the Account maintenance agreement at any time by sending such a statement to the Seller. The account together with the saved data will be deleted immediately.
  5. In the Registration process, the Customer provides a password, through which he then gains access to the Account. The customer is obliged to protect the password and may not disclose the password to third parties. The account is non-transferable.

 

§ 4. ORDER

  1. Orders can be placed electronically through the Store's sales system, 24 hours a day, 7 days a week throughout the year, with the proviso that their implementation takes place on Working Days from 8.00 am to 16.00.
  2. Orders may be placed by Customers who:

a)       have the status of a registered user of the Online Store;

b)      do not have the status of a registered user of the Online Store.

  1. A customer who does not have a registered Account places an Order without registering or logging in.
  2. The Customer prepares the Order by virtually adding the Goods to the Basket. Successful addition causes that in the Basket tab the index of Goods on the list of Orders changes, which can be freely modified. After confirming the selection of Goods, the Customer indicates in the Order form: his data and shipping address, the form and price of the shipment and the method of payment for the Order. After completing the Order, the Customer approves it and sends it to the Seller by activating the "I confirm and pay" button.
  3. If you have a discount voucher, the Customer should enter the voucher symbol before placing the Order in the field provided for this purpose in the Order form. Entering the voucher symbol will automatically recalculate the cost of the Order. The details of the promotion are indicated in the separate regulations dedicated to them.
  4. Each time, before sending the Order to the Seller, the Customer is shown a summary of the Order in order to confirm it, i.e. the main features of the service and the total price of the Order.
  5. In the process of placing the Order, until the "I confirm and pay" button is activated, it is possible for the Customer to detect and correct errors in the Order and modify it through the Online Store's sales system. The Customer also has the option of correcting data in the settings of his Account.
  6. After this moment, the Customer may change the Order, in particular correct errors in the entered data, until the shipment with the Goods is sent by direct, immediate (telephone) contact with the Seller.
  7. The information presented in the Online Store is an invitation to submit offers by Customers. Placing an Order by the Customer is tantamount to submitting a declaration of will to conclude a Goods Sale Agreement. The conclusion of the Sales Agreement takes place when the confirmation of acceptance of the Order for execution by the Seller is sent to the e-mail address provided in the Order.
  8. The order is effective if the Customer correctly completes the Order form and correctly provides contact details, including the correct address to which the Goods are to be sent. The Seller will contact the Customer when the data is not complete. If it is not possible to contact the Customer at least twice, it is considered that the service is impossible and the Seller may cancel the Order.
  9. The content of the concluded Agreement is recorded, secured and made available through the Store's sales system (the content is available at any time on the Customer's Account). The Customer who placed the Order will be provided with a digital document confirming the conclusion of the Agreement.
  10. The time of order fulfillment is up to 3 Business Days. The execution of the Order begins after: payment on delivery - after placing the Order; bank transfer - after the payment is credited by the Seller; other - after confirmation received by the Seller from the payment operator.
  11. After the above During Order Execution, the Goods are handed over to the carrier.

 

§ 5. PRICES AND PAYMENT LIMITATIONS

  1. The prices given on the Online Store website are gross prices (include all duties and taxes, including VAT), are expressed in Polish zlotys and do not include shipping costs. The total price of the Order is calculated according to the choices made by the Customer in the Order form, in accordance with the rates indicated there.
  2. The binding price is indicated in the Order summary at the time of sending it to the Seller.
  3. The Customer may choose one of the following payment methods (payment methods are limited to):

a)        electronic payment via the external payment system PayU SA with its registered office in Poznań, 60-166 Poznań, at ul. Grunwaldzka 182, entered into the Register of Entrepreneurs kept by the District Court in Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000274399, NIP: 779-23-08-495.

  1. If the Customer fails to pay within 3 (three) days from the date of sending the Order, the Order will be canceled.
  2. For each sold Good, a sales document is issued in the form of a receipt or VAT invoice, at the Customer's request. The sales document confirms the essential elements of the placed order.
  3. Prices given in the Online Store may change (e.g. as part of a promotional campaign or sale of Goods). The terms of the Order may not be changed in relation to the Customer who submitted the offer in the manner indicated in § 4 of the Regulations, before making the price change.

 

§ 6. SHIPPING

  1. The Store executes Orders on the territory of the Republic of Poland.
  2. Shipments are delivered in the manner selected by the Customer, with the proviso that the delivery of the Goods is limited to the forms indicated by the Seller in the Order form and in the "Shipping" tab.
  3. The cost of shipping the Goods is paid by the Customer. This cost is calculated on the basis of the delivery prices indicated in the Order form and the delivery option selected by the Customer also in the Order form. After making these choices by the Customer, the cost of delivery is added to the amount of the Order in the summary. Delivery costs are expressed in Polish zlotys and include value added tax (VAT).
  4. If the Customer has selected the "Personal collection" option in the Order form, shipping to the stationary store is free of charge.
  5. In any case, the condition for sending the Goods is the payment of the value of the Order.
  6. The goods are sent to the address indicated in the Order form. The Seller will contact the Customer immediately if an incorrectly completed form prevents effective delivery of the Order.
  7. If, before handing over the consignment, it turns out that it has suffered a loss or damage, the carrier is obliged to immediately establish the condition of the consignment and the circumstances of the damage in a report. The carrier should also do so at the Customer's request if he claims that the shipment is tampered with. The risk of accidental loss or damage to the Goods passes to the Customer upon its release.

 

§ 7. WITHDRAWAL FROM THE AGREEMENT

  1. A consumer who has concluded a distance contract may withdraw from it without giving a reason by submitting a relevant statement in writing within 14 (fourteen) days from the date of taking possession of the item by the Consumer or a third party indicated by him. If the consumer made a declaration of withdrawal from the contract before the Seller accepted his offer, the offer ceases to be binding.
  2. To meet this deadline, it is enough to send a statement before its expiry. The Customer may use the model declaration of withdrawal from the contract, which is an attachment to these Regulations and sent to the Customer's e-mail address. The Customer's use of this pattern is not obligatory for him/her.
  3. In the event of withdrawal from the Agreement, the Seller returns to the Consumer all payments received, including the costs of delivering the item (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by the Seller), immediately, and in any case no later than 14 (fourteen) days from the date on which the Seller was informed about the decision to exercise the right to withdraw from this Agreement.
  4. The consumer is obliged to return the Goods to the Seller immediately, but not later than 14 (fourteen) 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.
  5. The consumer is responsible for the decrease in the value of the Goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
  6. The right to withdraw from the contract is not entitled to the Consumer in relation to those indicated in art. 38 of the Act of 30 May 2014 on consumer rights of contracts, including for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur, he will lose the right to withdraw from the contract, in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specification or serving to satisfy his individualized needs, in which the subject of the service is an item that is subject to rapid deterioration or has a short shelf life, in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items, for the supply of digital content that are not recorded on a tangible medium if the performance of the service began with the express consent of the consumer before the deadline for withdrawing from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.
  7. The direct costs of returning the Goods to the Seller in the event of withdrawal from the distance contract are borne by the Consumer.
  8. The right to withdraw from a distance contract is not granted to Customers who are not Consumers.

 

§ 8. COMPLAINT

  1. The Seller is obliged to deliver Goods without defects to the Customer. The Seller is liable to the Consumer if the Goods have a physical or legal defect (warranty). The consumer is entitled to a warranty in the form of removing the defect, replacing the item with a defect-free one, lowering the price or withdrawing from the Agreement.
  2. Complaints are only available to Consumers. The parties, the Customer who is not a Consumer and the Seller exclude the warranty for defects between themselves.
  3. Complaints should be submitted to the postal address or e-mail address indicated in Contact. In order to facilitate the complaint procedure, the complained Goods should be delivered together with the proof of purchase and the complaint notification.
  4. The Seller will respond to the Consumer's request within 14 (fourteen) days.
  5. Depending on how the complaint was submitted by the Customer, the Seller will notify the Customer about the consideration of the complaint and its result by letter sent to the address provided in the complaint or by e-mail.
  6. The complaint procedure applies to services provided electronically by the Seller.
  7. A Customer who is a Consumer who wants to get help with a complaint may contact the municipal or poviat consumer ombudsman.

 

§ 9. PERSONAL DATA AND PRIVACY POLICY

  1. Personal data provided by the Customer are processed by the Seller, who is the Personal Data Administrator (ADO) within the meaning of the Act of August 29, 1997 on the protection of personal data (Journal of Laws of 1997, No. 133, item 883, as amended). as amended).
  2. The purposes and scope of processed personal data are determined by the scope of consents and supplemented data, in particular those sent using appropriate forms. The processing of Customers' personal data may concern the e-mail address, address of residence, name and surname, telephone number, computer IP address.
  3. Personal data will be processed for the purpose of:

a)        the implementation of legal provisions,

b)      creation of an Account, execution of the Order, including the provision of electronic services, consideration of complaints and other activities indicated in the Regulations,

c)        the Seller's promotional and commercial activities.

  1. The processing of the Customer's personal data for marketing purposes requires a separate consent.
  2. Providing personal data and consenting to their processing is voluntary, but the lack of consent to the processing of personal data marked as mandatory will prevent the Seller from performing services and performing contracts (subject to paragraph 4).
  3. These consents may be withdrawn at any time by sending such a request to the Seller's e-mail address or local address provided in the Regulations.
  4. The legal basis for the processing of personal data in the case referred to in par. 3 lit. a, is the statutory authorization to process data necessary to act in accordance with the law, while in the case referred to in para. 3 lit. b and c, it is a contractual authorization to process personal data in the event that it is necessary to fulfill legally justified purposes pursued by the data controller or data recipients and the Customer's consent.
  5. Data is made available only for the purpose of executing the Order and contracts for the provision of electronic services (to the carrier and the company providing accounting services for the Seller). Personal data collected by the Seller may also be made available:

a)      to the relevant state authorities at their request on the basis of the relevant provisions of law,

b)       other persons and entities - in cases provided for by law.

  1. Disclosure of personal data to unauthorized entities according to these Regulations may take place only with the prior consent of the Customer to whom the data pertains.
  2. Customers have the right to control the processing of data concerning them contained in data sets, in particular the right to:

a)        access to your personal data, supplementing and correcting data by submitting such a request to the Seller,

b)      requests to temporarily or permanently suspend their processing or delete them if they are incomplete, outdated, untrue or have been collected in violation of the law or are no longer necessary to achieve the purpose for which they were collected,

c)        object to the processing of their personal data - in cases provided for by law - and the right to request their removal when they become unnecessary to achieve the purpose for which they were collected.

  1. Entrusted personal data is stored and secured in accordance with the principles set out in applicable law: the Act of 29.6.1997 on the protection of personal data (Journal of Laws No. 101 of 2002, item 926, as amended .), the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended), the Regulation of the Minister of Interior and Administration of April 29, 2004 on documentation processing of personal data and technical and organizational conditions that should be met by devices and IT systems used to process personal data (Journal of Laws No. 100, item 1024).
  2. The Seller applies technical and organizational measures to ensure the protection of personal data being processed appropriate to the threats and categories of data protected, and in particular protects data against unauthorized access, removal by an unauthorized person, processing in violation of the Act and change, loss, damage or destruction.
  3. If the Seller receives information about the Customer's use of a service provided electronically in violation of the Regulations or applicable regulations (unauthorized use), the Seller may process the Customer's personal data to the extent necessary to determine the Customer's liability.
  4. The website may store http queries, therefore some information may be stored in the server log files, including the IP address of the computer from which the query came, name of the client's station - identification carried out by the http protocol, if possible, date and system time of registration on the website and request arrival, number of bytes sent by the server, URL address of the page previously visited by the user, if the Customer entered via a link, information about the user's browser, information about errors that occurred during the http transaction.</li >
  5. Logs may be collected as material for proper administration of the website. Only persons authorized to administer the IT system have access to information.
  6. Log files can be analyzed in order to compile traffic statistics on the Website and errors. The summary of such information does not identify Customers.

 

§ 10. CHANGE OF THE REGULATIONS

  1. The Seller may change these Regulations for important legal or technical reasons.
  2. Customers who have an Account will be informed about the change in the Regulations in an e-mail sent 14 (fourteen) days before the entry into force of the Regulations in the new wording, and other users - in a message displayed on the home page for 14 (fourteen) days before its entry into force.
  3. During this time, the Customer must again accept or refuse to accept the Regulations. In the event of non-acceptance of the amended Regulations, the Customer may delete the Account at any time.
  4. Orders placed before the entry into force of the amendments to the Regulations are carried out in accordance with the existing content of the Regulations.

 

§ 11. FINAL PROVISIONS

  1. In matters not covered by these Regulations, the provisions of common law shall apply, in particular the Act of April 23, 1964 - Civil Code, the Act of November 17, 1964 - Code of Civil Procedure and the Act of May 30, 2014 - on consumer rights.
  2. The Customer's obligations under the Agreement are fulfilled at the time of payment for the Goods and delivery and collection of the Goods, made in accordance with the Order.
  3. All materials, including graphic elements, the composition of these elements, trademarks and others, available in the Online Store are subject to exclusive rights, in particular, they are subject to the protection of copyright and industrial property rights. The use of materials made available in the Online Store in any form requires the consent of the Seller each time
  4. In the event of a dispute with the Seller, the Customer is entitled to apply to the permanent amicable consumer court operating at the Trade Inspection with a request to settle the dispute arising from the concluded Sales Agreement. The consumer may also request mediation or resolution to another arbitration court (use alternative dispute resolution methods, the so-called ADR). For this purpose, the Seller must be provided, depending on the will of the Consumer, with an application for mediation or an application for consideration of the case before the arbitration court. If the dispute concerns a defect in the Goods, it should be borne in mind that the use of the assistance of the consumer court operating at the Trade Inspection is possible after the complaint process with the Seller has been completed. Detailed information on access to these procedures is available from the authorities conducting them, including on their websites. In other cases, when determining the place of jurisdiction of the court, the rules set out in the Act of 17 November 1964. Code of Civil Procedure (consolidated text: Journal of Laws of 2014, item 101, as amended) should be followed. Disputes arising between the Seller and the Customer, who is not also a Consumer, shall be submitted to the court competent for the seat of the Seller.

 

Date of entry into force of the regulations: January 19, 2015