Terms and conditions

Terms and Conditions of the smtfeurope.com online store

I. Definitions

The terms used in the Regulations mean:

1. Customer – a natural person, a legal person or an organizational unit that is not a legal person, to which special provisions grant legal capacity, who places an Order within the Store;

2. Consumer – in accordance with Article 22[1] of the Civil Code, means a natural person who concludes a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity;

3. Seller – PHU “WIKORIA” PAWEŁ BACZYŃSKI, ul. Parkowa 8, 93-570 Łódź. 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

4. Civil Code – Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);

5. Regulations – these Regulations for the provision of electronic services within the smtfeurope.com online store;

6. Online Store (Store) – an online service 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 Agreement – ​​a sales agreement for 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 – Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827);

10. Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);

11. Order – a declaration of will of the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of Goods.

12. Administrator – the administrator of personal data is PHU “WIKORIA” PAWEŁ BACZYŃSKI,

13. Proof of purchase of the goods – receipt or 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 Article 8 of the Act on the provision of services by electronic means.

2.3. The online store, operating at: smtfeurope.com, is run by: PHU "WIKORIA" PAWEŁ BACZYŃSKI, ul. Parkowa 8, 93-570 Łódź. Registration details: 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 specify in particular:

a) rules for registering and using an account in the online store;

b) terms and conditions for making electronic reservations of products available in the online store;

c) terms and conditions for placing Orders electronically within the online store;

d) rules for concluding Sales Agreements using the services provided within the online store.

2.5. The use of 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 or higher or Internet Explorer version 6.0 or higher, Opera version 9.0 or higher, Google Chrome version 10.0.6 or higher;

b) it is recommended to enable cookies and JavaScript in your 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 their own.

2.7. In accordance with applicable law, the Seller reserves the right to limit the provision of services through the Online Store to persons under the age of 18. In such a case, potential Customers will be notified thereof.

2.8. Customers can access these Regulations at any time via the link on the home page of smtfeurope.com, download them, and print them.

2.9. The condition for using the online store website is to consent to the processing of personal data by the Administrator and to the downloading of 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 pages.

3.3. Registration is conditional upon consent to the Terms and Conditions, 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 also limit their 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 Terms and Conditions, the Personal Data Processing Principles or the rights of third parties, and in particular when the Customer:

a) provided false, inaccurate or outdated data, misleading data or data that infringes the rights of third parties during registration in the Online Store;

b) has committed, through the Online Store, infringement of the personal rights of third parties, in particular the personal rights of other customers of the Online Store;

c) has committed other behaviors that the Seller considers to be inconsistent with applicable law or general principles of using the Internet or detrimental to the good name of the Seller.

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. To ensure the security of communication and data transmission in connection with the services provided on the Website, the Online Store adopts technical and organizational measures appropriate to the level of security risk to the services provided, in particular measures to prevent unauthorized access and modification of personal data transmitted online. In particular, the Store uses anti-virus, anti-phishing, and other software related to fraud and the 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 promoting violence, defamatory or violating personal rights and other rights of third parties;

b) use the Online Store in a way that does not interfere with its operation, in particular through the use of specific software or devices;

c) refrain from 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 burdensome for other customers and for the Seller;

e) use any content posted on 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 the Sales Agreement

4.1. Information about the Goods provided on the Store's website, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to submit offers to conclude a contract, within the meaning of Article 71 of the Civil Code.

4.2. In order to conclude a Sales Agreement via the Online Store, you must visit the website smtfeurope.com, consent to the download of cookies and the processing of personal data, select the Goods, and perform subsequent technical steps based on the messages displayed to the Customer and the information available on the website.

4.3. The Customer selects the Goods ordered by adding them to the shopping cart.

4.4. When placing an Order – until the "Buy and Pay" button is clicked – the Customer can modify the entered data and the selected Product. To do so, the Customer should follow the displayed messages and the information available on the website.

4.5. After the Customer using the Online Store has provided all necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include information regarding:

a) the subject of the order;

b) the unit and total price of the ordered products or services, including delivery costs and additional costs (if any);

c) selected payment method;

d) selected delivery method;

e) delivery time.

4.6. In order to send an Order, it is necessary to accept the Regulations, provide personal data marked as mandatory and press the "Buy and pay" button.

4.7. Sending an Order by the Customer constitutes a declaration of intent 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 Agreement is deemed concluded upon receipt by the Customer of the e-mail message referred to above.

4.10. The sales contract is concluded in Polish, with the content consistent with the Regulations.

4.11. Customers can access these Regulations at any time via the link on the home page of smtfeurope.com, download them, and print them.

4.12. The Order data and the General Terms and Conditions are recorded, secured and made available via e-mail.

V. Delivery

5.1. Delivery of Goods takes place within Europe and is sent to the address indicated by the Customer when placing the Order.

5.2. Dostawa zamówionych Towarów odbywa się przesyłką kurierską, paczką pocztową lub dostawą do paczkomatów. Koszty dostawy przedstawia cennik na tej stronie.  Koszty dostawy zostaną również wskazane w momencie składania Zamówienia.

5.3. The delivery deadline is counted from the date the Customer sends the Order and is specified on the Product pages and at the time of placing the Order.

5.4. In the case of orders placed outside the Republic of Poland, shipping costs are determined individually for each customer.

5.5. Providing false data by the Customer or placing an order in a way that makes its execution impossible or significantly more difficult (e.g. flooding) is the Customer's responsibility and is also the basis for the Store to refuse to process the order.

VI. Prices and payment methods

6.1. Prices of Goods are given in Polish zloty, euro or US dollars and include all components, including VAT (with the rate indicated) and all other components.

6.2. The customer has the option to pay the price:

a) by transfer to the bank account number;

b) payment in the Montonio system

The Services are provided by Montonio Finance UAB, a Lithuanian limited liability company, with registration number 305205122, with its registered office at Lvovo st. 25-702, Vilnius, Lithuania, holding a payment institution license no. LB002007 issued by the Bank of Lithuania;c) payment by Visa or MasterCard. The credit card is charged when the Order is placed;

c) payment by Visa, MasterCard. The credit card is charged when the Order is placed;

d) payment to the courier upon delivery.

VII. Right to withdraw from the contract

7.1. The consumer may withdraw from a distance contract by submitting an appropriate declaration in writing within 14 days.

7.2. The withdrawal period referred to above begins: for a contract in the performance of which the entrepreneur delivers an item and is obliged to transfer ownership thereof – from the moment the Consumer or a third party indicated by the Consumer other than the carrier takes possession of the item, and in the case of a contract which: covers many items that are delivered separately, in batches or in parts – from the moment the last item, batch or part is taken into possession; for other contracts – from the date of conclusion of the contract.

7.3. Withdrawal may be effected by submitting an unequivocal declaration of withdrawal from the sales contract to the Seller. To meet the deadline, it is sufficient to send the declaration to the Seller before the expiry of the 14-day period referred to in paragraph 1 above.

7.4. The declaration of withdrawal from the contract may be submitted in writing to the following address: SMTF Europe, "Withdrawal", ul. Parkowa 8, 93-570 Łódź, by e-mail or using the return form provided below. 

7.5. If the Consumer withdraws from the contract, the contract is deemed null and void, and the Consumer is released from any obligations to the Seller. If the Consumer submits a declaration of withdrawal from the contract before the Seller confirms the offer, the offer is no longer binding.

7.6. Goods purchased by the Consumer must be returned in their original condition. The Product returned by the Consumer should be appropriately packaged to prevent 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 any reduction in the value of the Product resulting from its use in a manner other than necessary to establish the nature, characteristics and functioning of the Product.

7.8. The Consumer is obligated to return the Product immediately, but no later than 14 days from the date on which they withdrew from the contract. To meet this deadline, it is sufficient to return the Product 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, they will be refunded within 14 days of receipt of the returned Product by the Seller, via the same method used by the Buyer to make the payment (excluding express payments), unless the Consumer expressly agrees to another form of refund. In any case, the Consumer will not incur any costs for the refund.

7.10. The right to withdraw from the contract does not apply to the Consumer in relation to the contract:

• in which the subject of the provision is a non-prefabricated Product, manufactured according to the Consumer's specifications or intended to meet their individual needs, e.g. prepared to a specific size; in a specific specification (e.g. foil cut from a running meter);
• in which the subject of the provision is a Product delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons if the package was opened after delivery; in which the subject of the provision is a Product which, due to its nature, is inseparably connected with other items after delivery.

VIII. Complaints regarding Goods

8.1. The Seller is liable to the Customer who is a Consumer within the meaning of Article 22[1] of the Civil Code, under the warranty for defects to the extent specified in the Civil Code, in particular Article 556 and Articles 556[1] – 556[3] and subsequent Articles of the Civil Code.

8.2. Reklamacje, wynikające z naruszenia praw gwarantowanych ustawowo, lub na podstawie niniejszego Regulaminu, należy kierować za pośrednictwem wewnętrznego systemu RMA na koncie klienta w Sklepie Internetowym lub za pomocą poczty elektronicznej na adres: shop@smtfeurope.com czy też pisemnie na adres: SMTF Europe, „Dział reklamacji”, ul. Parkowa 8, 93-570 Łódź. Mogą Państwo skorzystać z wzoru formularza reklamacyjnego, jednak nie jest to obowiązkowe.

The Seller undertakes to review each complaint within 14 days. Failure to review the complaint within this timeframe will result in the complaint being deemed justified.

8.3. The Seller is not always the manufacturer of the goods. The Manufacturer is liable for the warranty for the Goods sold under the terms and for the period specified in the warranty card. If the warranty document provides such an option, the Customer may submit warranty claims directly to an authorized service center or to the manufacturer's address, whose address is provided in the warranty card.

8.4. Entrepreneurs making a purchase in the Online Store consent to the exclusion of the Store's liability under the warranty.

IX. Complaints regarding the provision of services by electronic means

9.1. The Seller takes steps to ensure the proper operation of the Store, to the extent that results from 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. Nieprawidłowości związane z funkcjonowaniem Sklepu Klient może zgłaszać pisemnie na adres: SMTF Europe, „Dział reklamacji”, ul. Parkowa 8, 93-570 Łódź, mailowo na adres shop@smtfeurope.com lub przy użyciu formularza kontaktowego.

9.4. In the complaint, the Customer should provide his/her name and surname, correspondence address, type and date of occurrence of the irregularity related to the operation of the Store.

9.5. The Seller undertakes to review each complaint within 14 days. Failure to review the complaint within this timeframe will mean that it is deemed justified.

9.6. Complaints regarding non-performance or improper performance of payment processing should be directed to the appropriate settlement agent directly by e-mail, using the contact form or by telephone – in accordance with the regulations for the provision of electronic payment services of the given settlement agent:

X. Disclaimers

10.1. Although the Online Store establishes the rules for using the website located at smtfeurope.com, it is not responsible for content posted by third parties. These entities are solely responsible for any infringement of third-party rights and agree to indemnify the Online Store from any liability for damages caused by their actions or omissions.

10.2. The Online Store reserves the right to temporarily or permanently restrict or disable access to the website located in the smtfeurope.com domain. By using the website located in the smtfeurope.com domain, the Customer waives any claims against the Online Store in this respect.

10.3. The Customer is solely liable for any damage caused by his or her actions or omissions on the website, in particular providing false data, disclosing business secrets, trade secrets or confidential information.

10.4. The Customer is solely responsible for any damage caused by their actions or omissions on the website, in particular the lack of proper security of access to their account.

10.5. The Store is exempt from liability under warranty if the Customer was aware of the defect at the time of concluding the contract.

10.6. Sklep nie jest odpowiedzialny względem kupującego będącego konsumentem za to, że rzecz sprzedana nie ma właściwości wynikających z publicznych zapewnień, o których mowa w art. 556 ze zn. 1 § 2, jeżeli zapewnień tych nie znał ani, oceniając rozsądnie, nie mógł znać albo nie mogły one mieć wpływu na decyzję kupującego o zawarciu umowy sprzedaży, albo gdy ich treść została sprostowana przed zawarciem umowy sprzedaży.

XI. Dispute Resolution and Final Provisions

11.1. A Customer who is a Consumer may, if interested, use out-of-court complaint and redress procedures. Disputes related to online purchases can be resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or through arbitration proceedings at the Provincial Inspectorate of Trade Inspection. Consumers may also use other out-of-court dispute resolution methods, for example, by submitting a complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/

11.2. If the Consumer is not interested in using out-of-court dispute resolution methods, 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. Any disputes arising between the Seller and a Customer who is not also a Consumer will be resolved by the court having jurisdiction over the Seller's registered office.

11.4. In matters not regulated in these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of services by electronic means and other relevant provisions of Polish law shall apply.