§ 1
Preliminary provisions
1. The Q-LAC online store, available at www.q-lac.pl, is operated by Oxymotion Sp. z o.o. with its registered office in Lublin at Bohdana Dobrzańskiego 3, 20-262 Lublin, registered in the National Court Register by the District Court Lublin East in Świdnik, VI Commercial Department of the National Court Register under the KRS number 866461, with a share capital of PLN 8000, tax identification number (NIP) 7123409144, and statistical number (REGON) 387370560.
2. These Rules and Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules of using the online Store, as well as the principles and mode of concluding distance contracts for the sale of products with the Client through the Store.
§ 2
Definitions
1. Consumer – a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
2. Seller – Oxymotion Sp. z o.o. with its registered office in Lublin at Bohdana Dobrzańskiego 3, postal code 20-262, registered in the National Court Register by the District Court Lublin East in Świdnik, VI Commercial Department of the National Court Register under the KRS number 866461, with a share capital of PLN 8000, tax identification number (NIP) 7123409144, and statistical number (REGON) 387370560.
3. Client – any entity making purchases through the Store.
4. Entrepreneur – a natural person, legal person, or organizational unit without legal personality, to which separate laws grant legal capacity, conducting business activity on its own behalf, which uses the Store.
5. Store – an online store run by the Seller at the internet address: https://q-lac.pl/produkt/.
6. Distance contract – a contract concluded with the Client within an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract inclusive.
7. Rules and Regulations – these rules and regulations of the Store.
8. Order – a declaration of the Client's will submit using the Order Form, aimed directly at concluding a Sales Agreement for the Product or Products with the Seller.
9. Account – the client's account in the Store, where data provided by the Client and information about Orders placed by the Client in the Store are stored.
10. Registration form – a form available in the Store, enabling the creation of an Account.
11. Order form – an interactive form available in the Store, enabling the submission of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. Cart – an element of the Store's software, in which the Products selected for purchase by the Client are visible, and there is also a possibility to establish and modify Order data, in particular the quantity of products.
13. Product – a movable item/service available in the Store that is the subject of a Sales Agreement between the Client and the Seller.
14. Sales Agreement – a product sales agreement concluded or to be concluded between the Client and the Seller through the online Store. The Sales Agreement also means - applying to the product's characteristics - a contract for the provision of services and a contract for specific work.
§ 3
Contact with the Store
1. Seller's address: Bohdana Dobrzańskiego Street 3, 20-262 Lublin.
2. Seller's e-mail address: kontakt@q-lac.pl.
3. Seller's telephone number: +48 790 707 970.
4. Seller's bank account number: 10 1090 2590 0000 0001 4723 9318.
5. The customer can contact the seller using the addresses and phone numbers provided in this paragraph.
6. The customer can contact the seller by phone between 9:00 a.m. and 6:00 p.m.
§ 4
Technical requirements
To use the Store, including browsing the Store's assortment and placing orders for Products, the following are necessary:
a. an end device with access to the Internet and a web browser, b. an active email account, c. cookies support enabled, d. FlashPlayer software installed.
b. active e-mail account (e-mail),
c. enabled cookies,
d. FlashPlayer installed.
§ 5
General information
1. The seller is not liable, to the fullest extent permitted by law, for disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the customer's technical infrastructure.
2. Browsing the Store's assortment does not require setting up an account. The customer can place orders for Products in the Store's assortment either after setting up an account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the order to be fulfilled without setting up an account.
3. The prices given in the Store are given in Polish zlotys and are gross prices (including VAT).
4. The final amount payable by the customer consists of the price of the Product and the cost of delivery (including fees for transport, delivery, and postal services), which the customer is informed about on the Store's pages when placing the order, including at the time of expressing the will to be bound by the Sales Agreement.
1. In the case of an agreement covering a subscription or the provision of services for an indefinite period, the final price is the total price including all payments for the settlement period.
6. If the nature of the subject matter of the agreement does not allow for a reasonable assessment of the final price in advance, information on how the price will be calculated, as well as fees for transport, delivery, postal services, and other costs, will be provided in the Store's Product description.
§ 6
Setting up an account in the Store
1. To set up an account in the Store, you must fill out the Registration Form. The following information is necessary: first name, last name, email address, and contact phone number.
2. Setting up an account in the Store is free of charge.
3. Logging in to the account is done by providing the login and password established in the Registration Form.
4. The customer has the option to delete the account at any time, without giving any reason and without incurring any fees, by sending a relevant request to the Seller, by email or in writing to the addresses provided in § 3.
§ 7
Order placement rules
To place an order, you must:
1. log in to the Store (optional); (opcjonalnie);
2. select the Product that is the subject of the Order and then click the "Add to Cart" button (or equivalent); (lub równoznaczny);
3. log in or use the option to place an order without registration by filling out the Order Form;
4. if the option of placing an Order without registration has been selected – fill in the Order Form by entering the recipient's data and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter invoice data, if different from the recipient's data,
5. click the "Order and pay" button/click the "Order and pay" button and confirm the order by clicking on the link sent in the e-mail,
6. wybrać jeden z dostępnych sposobów płatności i w zależności od sposobu płatności, opłacić zamówienie w określonym terminie, z zastrzeżeniem § 8 pkt 3.
§ 8
Offered methods of delivery and payment
1. The customer can choose from the following methods of delivery or collection of the ordered product:
a. Courier delivery, cash on courier delivery.
2. The customer can choose from the following methods of payment:
a. Payment on delivery
b. Bank transfer payment to the seller's account
c. Electronic payments
d. Payment by payment card.
3. Detailed information on the methods of delivery and acceptable payment methods can be found on the Store's website.
§ 9
Execution of a sales contract
1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an order using the Order Form on the online store website in accordance with § 7 of the Regulations.
2. After placing an order, the Seller immediately confirms its receipt and at the same time accepts the order for execution. The confirmation of receipt of the order and its acceptance for execution is made by the Seller sending a relevant e-mail message to the e-mail address provided by the Customer during the order placement process. The message must contain at least a statement by the Seller confirming the receipt of the order and its acceptance for execution, as well as confirmation of the conclusion of the Sales Contract. The Sales Contract between the Customer and the Seller is concluded upon receipt of the above e-mail message by the Customer.
3. If the Customer chooses:
a. payment by bank transfer, electronic payments or payments by credit card, The Customer is obliged to make the payment within two calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be canceled.
b. payment on delivery on delivery, the Customer is obliged to make a payment on delivery.
c. payment in cash upon personal collection of the parcel, the Customer is obliged to make a payment on delivery.
4. The Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer when placing the Order.
a. In the case of ordering Products with different delivery times, the delivery date is the longest given date.
b. W przypadku wyboru przez Klienta sposobu płatności za pobraniem – od dnia zawarcia Umowy Sprzedaży.
5. The beginning of the delivery period of the Product to the Customer is counted as follows:
a. If the Customer chooses the method of payment by bank transfer, electronic payment, or payment card – from the date of crediting the Seller's bank account.
b. W przypadku zamówienia Produktów o różnych terminach dostawy, Klient ma możliwość żądania dostarczenia Produktów częściami lub też dostarczenia wszystkich Produktów po skompletowaniu całego zamówienia.
6. Delivery of the Product takes place within the European Union.
7. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store website in the "Delivery costs" tab and when placing the Order, including when the Customer expresses the will to be bound by the Sales Agreement.
§ 10
Right of withdrawal from the contract
1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period specified in paragraph 1 shall begin with the delivery of the Product to the Consumer or a person indicated by him other than the carrier.
3. In the case of a Contract that covers many Products that are delivered separately, in batches or in parts, the period indicated in paragraph 1 runs from the delivery of the last item, batch or part.
4. In the case of an Agreement that consists in regular delivery of Products for a definite period of time (subscription), the period indicated in paragraph 1 runs from taking possession of the first item.
5. The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the expiry of this period.
6. The statement may be sent by traditional mail or electronically by sending the statement to the Seller's e-mail address or by submitting a statement on the Seller's website – the Seller's contact details are specified in § 3. The declaration may also be submitted on the form of which is attached to these Regulations and the annex to the Act of 30 May 2014 on consumer rights, but it is not mandatory.
7. If the Consumer sends the statement electronically, the Seller will immediately send the Consumer to the e-mail address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
8. Consequences of withdrawal from the Agreement:
a. In the event of withdrawal from the Distance Agreement, the Agreement shall be deemed void.
b. W przypadku odstąpienia od Umowy Sprzedawca zwraca Konsumentowi niezwłocznie, nie później niż w terminie 21 dni od dnia otrzymania oświadczenia Konsumenta o odstąpieniu od Umowy, wszystkie dokonane przez niego płatności, z wyjątkiem kosztów dostarczenia rzeczy.
c. The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction unless the Consumer has expressly agreed to another solution that will not involve any costs for him.
d. The Seller may withhold the refund until the Product is returned.
e. The Consumer should send the Product back to the Seller's address provided in these Regulations immediately, no later than 3 days from the date on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends back the Product before the expiry of the period of 14 days from the date of purchase.
f. The Consumer bears the direct costs of returning the Product, including the costs of returning the Product, if due to its nature the Product could not be returned by post in the usual way.
g. The Consumer is only responsible for the decrease in the value of the Product resulting from using it in a way other than it was necessary to establish the nature, characteristics and functioning of the Product.
9. If, due to the nature of the Product, it cannot be sent back by regular mail, information about this, as well as about the costs of returning the Product, will be included in the Product description in the Store.
10. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:
a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs,
b. w której przedmiotem świadczenia jest rzecz dostarczana w zapieczętowanym opakowaniu, której po otwarciu opakowania nie można zwrócić ze względu na ochronę zdrowia lub ze względów higienicznych, jeżeli opakowanie zostało otwarte po dostarczeniu,
c. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the performance of the service by the Seller he will lose the right to withdraw from the Agreement,
d. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the Agreement,
e. in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things,
f. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the packaging has been opened after delivery,
g. for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing him by the Seller about the loss of the right to withdraw from the Agreement.
§ 11
Complaint and warranty
1. The Sales Agreement covers new Products.
2. In the event of a defect in the goods purchased from the Seller, the Customer has the right to complain based on the provisions of the warranty in the Civil Code.
3. The complaint should be submitted in writing or electronically to the addresses of the Seller provided in these Regulations.
4. The Seller will respond to the complaint request immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer's request was considered justified.
5. Goods sent back as part of the complaint procedure should be sent to the address given in § 3 of these Regulations.
6. If a warranty has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store. The Seller will also attach a warranty card to the Product sold.
§ 12
Out-of-court complaint handling and claims procedures
1. Detailed information on the possibility for the Consumer to use out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following exemplary possibilities of using out-of-court complaint and redress methods:
a. The consumer is entitled to apply to a permanent consumer arbitration court, referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
b. The consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
c. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (m.in. Consumer Federation, Association of Polish Consumers).
§ 13
Personal data in the Online Store
1. The administrator of Customers' personal data collected via the Online Store is the Seller.
2. Customers' personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees to it – also for marketing purposes.
3. The recipients of personal data of the Online Store Customers may be:
a. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary performing the shipment at the request of the Administrator.
b. In the case of a Customer who uses the Online Store with the method of electronic payment or payment card, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Online Store.
4. The Customer has the right to access their data and correct them.
5. Providing personal data is voluntary, however, failure to provide personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.
§ 14
Final provisions
1. Agreements concluded through the Online Store are concluded in Polish.
2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations.
3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; the Act on Consumer Rights, the Act on the Protection of Personal Data.
4. The Customer has the right to use out-of-court complaint and redress methods. To that end, it may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.