Regulations of the smtfeurope.com online store.
I. Definitions
The terms used in the Regulations mean:
1. Customer – a natural person, legal person or organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which places an Order in the Store;
2. Consumer – in accordance with art. 22 [1] of the Civil Code means a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity;
3. Seller – PHU “WIKORIA” PAWEŁ BACZYŃSKI ul. Parkowa 8, 93-570 Lodz. Registration data: NIP: 7292597680, REGON: 100182222. Contact details: e-mail address: shop@smtfeurope.com, tel. +48 42 683 21 26
4. Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
5. Regulations – these Regulations for the provision of electronic services as part of the smtfeurope.com online store;
6. Online Store (Store) – a website available in the smtfeurope.com domain, through which the Customer may, in particular, place Orders;
7. Goods – products presented in the Online Store;
8. Sales contract – a contract for the sale of Goods within the meaning of the Civil Code, concluded between PHU Wikoria and the Customer, concluded using the Store’s website;
9. Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);
10. Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended);
11. Order – Customer’s declaration of will, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.
12. Administrator – the administrator of personal data is PHU “WIKORIA” PAWEŁ BACZYŃSKI,
13. Proof of purchase of goods – a receipt or a VAT invoice issued by the Online Store
II. General provisions
2.1. These Regulations define the rules for using the online store available at smtfeurope.com .
2.2. These Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services.
2.3. The online store, operating at the address: smtfeurope.com , is run by PHU “WIKORIA” PAWEŁ BACZYŃSKI ul. Parkowa 8, 93-570 Lodz. Registration data: NIP: 7292597680, REGON: 100182222. Contact details: e-mail address: shop@smtfeurope.com, tel. +48 790 55 88 66, +48 42 683 21 26.
2.4. These Regulations define in particular:
a) the rules for registering and using the account as part of the online store;
b) the terms and conditions for making electronic reservations of products available as part of the online store;
c) the terms and conditions for submitting orders via electronic means as part of the online store;
d) the rules for concluding Sales Agreements with the use of services provided as part of the online store.
2.5. Using the online store is possible provided that the IT system used by the customer meets the following technical requirements:
a) Internet browser: Mozilla Firefox version 3.0 and higher or Internet Explorer version 6.0 and higher, Opera version 9.0 and higher, Google Chrome version 10.0.6 and higher;
b) it is recommended to enable cookies and javascript in the web browser.
2.6. In order to use the online store, the Customer should obtain access to a computer station or terminal device with Internet access on his own.
2.7. In accordance with applicable law, the Seller reserves the right to limit the provision of services via the Online Store to people who have not reached the age of 18. In this case, potential customers will be notified of the above.
2.8. Customers can access these Regulations at any time via the link on the home page of smtfeurope.com and download it and print it out.
2.9. The condition for using the website of the online store is consent to the processing of personal data by the Administrator and consent to the collection of cookies, the so-called cookies.
III. Rules for using the Online Store
3.1. Registration in the Store is voluntary.
3.2. Registration takes place by completing and accepting the registration form, available on one of the Store’s websites.
3.3. The condition for registration is consent to the content of the Regulations, the processing of personal data and the provision of correct personal data – marked as mandatory.
3.4. The Seller may deprive the Customer of the right to use the Online Store, and may limit his access to some or all of the Online Store’s resources, with immediate effect, in the event of a breach by the Customer of the Regulations, the Rules for the processing of personal data or the rights of third parties, in particular when the Customer:
a) provided data during registration in the Online Store false, inaccurate or out of date, misleading or infringing the rights of third parties;
b) has infringed the personal rights of third parties via the Online Store, in particular the personal rights of other customers of the Online Store;
c) has committed other behaviors that will be considered by the Seller to be inconsistent with applicable law or general principles of using the Internet or detrimental to the Seller’s good name.
3.5. A person who has been deprived of the right to use the Online Store may not re-register without the prior consent of the Seller.
3.6. In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, 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 of personal data sent on the Internet by unauthorized persons. In particular, the Store uses anti-virus, anti-phishing and other software related to fraud and illegal processing of personal data.
3.7. The customer is obliged in particular to:
a) not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties;
b) use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices;
c) not taking actions such as: sending or posting unsolicited commercial information (spam) within the Online Store;
d) use the Online Store in a way that is not inconvenient for other customers and for the Seller;
e) use of any content contained in the Online Store only for personal use;
f) use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
IV. Procedure for concluding a Sales Agreement
4.1. Information about the Goods provided on the Store’s websites, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to submit offers to conclude a contract, within the meaning of art. 71 of the Civil Code.
4.2. In order to conclude a Sales Agreement via the Online Store, go to the smtfeurope.com website, agree to download cookies, the so-called cookies and for the processing of personal data, select the Goods by taking further technical steps based on the messages displayed to the Customer and information available on the website.
4.3. The choice of goods ordered by the customer is made by adding them to the basket.
4.4. When placing an Order – until the button “Place order” is pressed – the Customer may modify the entered data and the selected Product. To do this, follow the messages displayed to the Customer and the information available on the website.
4.5. After the Customer using the Online Store provides all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include information on:
a) the subject of the contract;
b) unit and total price of the ordered products or services, including delivery costs and additional costs (if any);
c) selected payment method;
d) chosen method of delivery;
e) delivery time.
4.6. In order to send an Order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the “Place order” button.
4.7. Sending the Order by the Customer is a declaration of will to conclude a Sales Agreement with the Seller, in accordance with the Regulations.
4.8. After placing the Order, the Customer receives an e-mail containing the final confirmation of all essential elements of the Order.
4.9. The contract is considered concluded with the moment the Customer receives the e-mail referred to above.
4.10. The sales contract is concluded in Polish, with the content in accordance with the Regulations.
4.11. Customers can access these Regulations at any time via the link on the home page of smtfeurope.com and download it and print it out.
4.12. Consolidation, protection and sharing of the Order data and the General Terms and Conditions takes place via e-mail.
V. Delivery
5.1. The delivery of the Goods takes place in Europe and is sent to the address indicated by the Customer when placing the Order.
5.2. The ordered Goods are delivered by courier, postal parcel or delivery to parcel machines. Delivery costs shows the price list on this page. Delivery costs will also be indicated at the time of placing the Order.
5.3. The delivery date is counted from the date the Customer sends the Order and is given on the Goods pages and at the time of placing the Order.
5.4. In the case of orders carried out outside the territory of the Republic of Poland, the shipping cost is determined individually for a given customer.
5.5. Providing false data by the Customer or placing an order in a way that prevents or significantly hinders its implementation (e.g. flooding) is charged to the Customer, and is also the basis for the Store’s refusal to implement it.
VI. Prices and payment methods
6.1. The prices of the Goods are given in PLN, EUR or USD and include all components, including VAT (with the amount of the rate) and all other components.
6.2. The customer has the option to pay the price:
a) by transfer to the bank;
b) payment in the Przelewy24 system
PayPro S.A. (PayPro) – the entity rendering the Service for the Users, with its registered seat in Poznań, ul. Pastelowa 8 (60-198), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda, 8th Commercial Division of the National Court Register, KRS entry No. 0000347935, NIP No. 7792369887, share capital of 5 476 300,00 PLN, fully paid up, entered in the register of domestic payment institutions kept by the Polish Financial Supervision Authority, UKNF entry No. IP24/2014;
c) payment by Visa, MasterCard payment cards. The credit card is charged when the Order is placed;
d) payment to the courier upon delivery.
VII. The right to withdraw from the contract
7.1. The consumer may withdraw from a distance contract by submitting a relevant statement in writing within 14 days.
7.2. The deadline for withdrawing from the contract referred to above begins: for a contract under which the entrepreneur issues the item, being obliged to transfer its ownership – from taking possession of the item by the Consumer or a third party other than the carrier indicated by him, and in the case of a contract, which: includes many items that are delivered separately, in batches or in parts – from taking possession of the last item, batch or part; for other contracts – from the date of conclusion of the contract.
7.3. Withdrawal may be made by providing an unequivocal statement of withdrawal from the sales contract to the Seller. To meet the deadline, it is enough to send a statement to the Seller before the expiry of the 14-day period referred to in paragraph 1 above.
7.4. A declaration of withdrawal from the contract may be submitted in writing to the following address: SMTF Europe, “Returns” , ul. Parkowa 8, 93-570 Lodz or via e-mail. The consumer may use the model withdrawal form at the end of the Returns Policy.
7.5. In the event of withdrawal from the contract by the Consumer, the contract is considered null and void, and the Consumer is released from any obligations towards the Seller. If the Consumer submitted a declaration of withdrawal from the contract before the Seller confirmed the offer, the offer ceases to be binding.
7.6. Goods purchased by the Consumer are returned unchanged. The Product returned by the Consumer should be packed in an appropriate way to ensure no damage during transport. If possible, the Product should be packed in its original packaging. The direct costs of returning the goods to the Seller are borne by the Consumer.
7.7. The consumer is responsible for the decrease in the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
7.8. The consumer is obliged to return the Product immediately, but not later than within 14 days from the date on which he withdrew from the contract. To meet this deadline, it is enough to send the product back to the Seller before its expiry.
7.9. In the event of withdrawal from the contract by the Consumer, if any payments have been made by the Consumer, their return will take place within 14 days from the date of receipt of the returned Product to the Seller, through the same channel through which the Buyer made the payment (excluding quick payments), unless the Consumer expressly agrees to a different form of reimbursement. In any case, the Consumer does not bear the costs of returning the payment.
7.10. The right to withdraw from the contract is excluded and cannot be exercised if:
VIII. Complaints about the Goods
8.1. The Seller is liable to the Customer who is a Consumer within the meaning of Art. 22 [1] of the Civil Code, under the warranty for defects to the extent specified in the Civil Code, in particular in Art. 556 and art. 556 [1] – 556 [3] and subsequent of the Civil Code.
8.2. Complaints arising from the violation of statutory rights or under these Regulations should be sent via the internal RMA system to the customer’s account in the Online Store or by e-mail to the following address: shop@smtfeurope.com or in writing to the following address: SMTF Europe, “Complaints Department”, ul. Parkowa 8, 93-570 Lodz. You can use the complaint form template, but it is not obligatory.
The seller undertakes to consider each complaint within 14 days. Failure to consider the complaint within the above-mentioned period means that it is considered justified.
8.3. The seller is not always the producer of the goods. The manufacturer is liable under the warranty for the sold Goods under the conditions and for the period specified in the warranty card. If the warranty document provides for such a possibility, the Customer may submit his claims under the warranty directly to an authorized service center or to the address of the manufacturer whose address is included in the warranty card.
8.4. Entrepreneurs who purchase in the Online Store agree to exclude the Store’s liability under the warranty.
IX. Complaints regarding the provision of electronic services
9.1. The Seller takes steps to ensure that the Store operates properly, to the extent that results from the current technical knowledge and undertakes to remove any irregularities reported by customers within a reasonable time.
9.2. The Customer is obliged to immediately notify the Seller of any irregularities or interruptions in the functioning of the Online Store website.
9.3. Irregularities related to the functioning of the Store may be reported by the Customer in writing to the following address: SMTF Europe, “Complaints Department”, ul. Parkowa 8, 93-570 Lodz or by e-mail at shop@smtfeurope.com.
9.4. In the complaint, the Customer should provide his name and surname, correspondence address, type and date of irregularities related to the functioning of the Store.
9.5. The seller undertakes to consider each complaint within 14 days. Failure to consider the complaint within the above-mentioned period means that it is considered justified.
9.6. Complaints for non-performance or improper performance of payment services should be directed to the relevant settlement agent directly to the e-mail address, using the contact form or by phone – in accordance with the regulations for the provision of electronic payment services of a given settlement agent:
a) PayPro S.A. (PayPro) – the entity rendering the Service for the Users, with its registered seat in 60-198 Poznan, ul. Pastelowa 8, Poland. Tel: +48616429344 or e-mail: serwis@przelewy24.pl
X. Exclusions of Liability
10.1. The online store, although it sets the rules for the use of the website located in the smtfeurope.com domain, is not responsible for the content posted by third parties. These entities are solely responsible for the infringement of third party rights and undertake to indemnify the Online Store from any liability for damages caused by their actions or omissions.
10.2. The Online Store has the right to temporarily or completely limit or disable access to the website located in the smtfeurope.com domain. The customer, using the website posted in the smtfeurope.com domain, waives any claims against the Online Store.
10.3. The customer is solely responsible for any damage caused by his actions or omissions on the website, in particular by providing false data, disclosing a business secret, business secret or confidential information.
10.4. The customer is solely responsible for any damage caused by his actions or omissions on the website, in particular the lack of adequate security of access to his account.
10.5. The Store is released from liability under the warranty if the Customer knew about the defect at the time of concluding the contract.
10.6. The store is not responsible to the buyer who is a consumer for the fact that the item sold does not have the properties resulting from the public assurances referred to in Art. 556 with n. 1 § 2, if he did not know these assurances or, judging reasonably, he could not know, or they could not have influenced the buyer’s decision to conclude the sale contract, or if their content was corrected prior to the conclusion of the sale contract.
XI. Settlement of disputes and final provisions
11.1. The customer who is a consumer may, if interested, use extrajudicial means of dealing with complaints and redress. Disputes regarding online purchases can be resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or the arbitration process at the Provincial Inspectorate of Trade Inspection. The consumer may also use other methods of out-of-court dispute resolution and, for example, submit his complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/
11.2. If the Consumer is not interested in the possibility of using out-of-court dispute resolution methods, the settlement of any disputes arising between the Seller and the Consumer will be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
11.3. Settlement of any disputes arising between the Seller and the Customer, who is not also a Consumer, will be submitted to the court having jurisdiction over the seat of the Seller.
11.4. In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services and other relevant provisions of Polish law shall apply.
SMTF Europe CEO : Paweł Baczyński
Adresa: : PHU Wikoria, ul. Parkowa 8, 93-570 Łódź
Zákaznické centrum : +48 513 020 680, +48 (42) 683 21 26.
Otevírací doba prodejny: Pondělí – Pátek: 8:00 – 17:00, Sobota: 8:00 – 14:00
VAT EU: PL7292597680
Copyright @ 2023 SMTF Europe. All rights reserved.
