Term Of Use
Terms Of Use
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Terms and Conditions of the LUCASOUNDVISION Łukasz Zadka, ul. Osiedle robotnicze 14e , 63-440 Radłów, NIP: 6171984868, REGON: 387836431, Tel. +48 518 149 050, email: info@lucasoundvision.com
§ 1
Preliminary Provisions
The Lucasoundvision online store, available at the website www.lucasoundvision.com , is operated by LUCASOUNDVISION Łukasz Zadka located at ul. Osiedle robotnicze 14e , 63-440 Radłów, NIP: 6171984868, REGON: 387836431, Tel. +48 518 149 050, email: info@lucasoundvision.com, which is also the administrator of the Store’s personal data.
These Terms and Conditions are directed both to Consumers and Entrepreneurs using the Store and define the rules for using the online store and the rules and procedure for concluding Distance Sales Agreements with the Customer through the Store.
§ 2
Definitions
Consumer – a natural person entering into an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
Seller – the entity operating the online store, being the owner of the website, which offers products or services for sale. The Seller is responsible for order fulfillment, customer service, and compliance with applicable laws in the scope of the conducted activity.
Customer – any entity making purchases through the Store.
Entrepreneur – a natural person, legal person, or organizational unit without legal personality, which is granted legal capacity by a separate act, conducting business activity in their own name, who uses the Store.
Store – the online store operated by the Seller at the website www.delsit.pl.
Distance Agreement – an agreement concluded with the Customer within an organized system of concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to the moment of concluding the agreement.
Terms and Conditions – these Store terms and conditions.
Order – a declaration of will by the Customer made via the Order Form and directly aimed at concluding a Product Sales Agreement with the Seller.
Account – the customer’s account in the Store, where the data provided by the Customer and information about their Orders in the Store are stored.
Registration Form – a form available in the Store enabling the creation of an Account.
Order Form – an interactive form available in the Store enabling the placement 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.
Cart – a software element of the Store where the Products selected by the Customer for purchase are visible, and there is also the possibility to determine and modify Order data, in particular the quantity of products.
Product – a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
Sales Agreement – a product sales agreement concluded or entered into between the Customer and the Seller through the online store. The Sales Agreement also includes – depending on the characteristics of the Product – a service agreement and a work agreement.
§ 3
Contact with the Store
Seller’s address: Lucasoundvision ul. Osiedle robotnicze 14e, 63-440 Radłów
Seller’s email address: info@lucasoundvision.com
Seller’s bank account number: 90 8430 0009 2001 0026 5571 0001
The Customer may communicate with the Seller using the addresses provided in this section.
§ 4
Technical Requirements
To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:
an end device with internet access and a web browser such as Google Chrome, Mozilla Firefox, Safari, Opera
an active email account,
enabled cookie support,
installed FlashPlayer.
§ 5
General Information
The Seller, to the fullest extent permitted by law, is not responsible for disruptions, including interruptions in the Store’s operation caused by force majeure, unauthorized actions of third parties, or incompatibility of the online store with the Customer’s technical infrastructure.
Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account according to the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data enabling Order fulfillment without creating an Account.
The prices given in the Store are in Polish złoty and are gross prices (including VAT).
The final (total) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery, and postal service fees), about which the Customer is informed on the Store’s pages during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Agreement.
When the nature of the subject of the Agreement does not allow, reasonably assessing, for the prior calculation of the final (total) price, information on how the price will be calculated, as well as on transport, delivery, postal service fees, and other costs, will be provided in the Store in the Product description.
§ 6
Creating an Account in the Store
To create an Account in the Store, it is necessary to fill out the Registration Form. The following data must be provided: name, surname, user address, email address, contact number
Creating an Account in the Store is free of charge.
Logging into the Account is done by providing the login and password established in the Registration Form.
The Customer has the possibility at any time, without giving a reason and without incurring any fees, to delete the Account by sending an appropriate request to the Seller, in particular via email or in writing to the addresses provided in § 3.
§ 7
Rules for Placing an Order
To place an Order, it is necessary to:
log in to the Store (optionally);
select the Product that is the subject of the Order, then click the “Checkout” button (or equivalent);
log in or use the option to place an Order without registration;
if the option to place an Order without registration is chosen – fill out the Order Form by entering the data of the Order recipient and the address to which the Product should be delivered, select the type of shipment (method of delivering the Product), enter invoice data if they are different from the Order recipient’s data,
click the “Order and Pay” button/click the “Order and Pay” button and confirm the order by clicking the link sent in the email,
select one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8 point 3.
The Store is not responsible for providing incorrect Customer data.
§ 8
Offered Delivery and Payment Methods
The Customer may use the following delivery or pickup methods for the ordered Product:
Courier shipment, cash on delivery courier shipment,
Personal pickup available at the address: ul. Osiedle robotnicze 14e, 63-440 Radłów after prior arrangement of pickup
The Customer may use the following payment methods:
Cash on delivery
Electronic payments through the external payment system tpay.com, operated by Krajowy Integrator Platności Spółka Akcyjna ul. Św. Marcina 73/6, 61-808 Poznań
The Seller delivers to the customer within 7 working days in the territory of the Republic of Poland.
§ 9
Execution of the Sales Agreement
The conclusion of the Sales Agreement between the Customer and the Seller occurs after the Customer places an Order via the Order Form in the online store according to § 7 of the Terms and Conditions.
After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt and acceptance of the Order for execution is done by sending the Customer an appropriate email to the email address provided during the placement of the Order, which contains at least the Seller’s declaration of receipt of the Order and its acceptance for execution, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email by the Customer, the Sales Agreement between the Customer and the Seller is concluded.
In the case of the Customer choosing:
bank transfer, electronic payments, or credit card payment, the Customer is obliged to make the payment within 2 calendar days from the date of conclusion of the Sales Agreement – otherwise, the order will be canceled.
cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
If the Customer chooses a delivery method other than personal pickup, the Product will be sent by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer during the placement of the Order.
In the case of ordering Products with different delivery periods, the delivery period is the longest specified period.
B In the case of ordering Products with different delivery periods, the Customer has the possibility to request delivery of Products in parts or delivery of all Products after the entire order is completed.
The start of the delivery period of the Product to the Customer is counted as follows:
In the case of the Customer choosing bank transfer, electronic payments, or credit card payment – from the day the Seller’s bank account is credited.
In the case of the Customer choosing cash on delivery – from the date of conclusion of the Sales Agreement,
In the case of the Customer choosing personal pickup of the Product, the Product will be ready for pickup by the Customer within the period indicated in the Product description. The Customer will be additionally informed about the readiness of the Product for pickup by the Seller by sending an appropriate email to the email address provided during the placement of the Order.
Delivery of the Product takes place within Poland and EU countries.
Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery, and postal service fees) are indicated to the Customer on the Store’s website in the “Delivery Costs” section and during the placement of the Order, including at the moment of the Customer expressing the will to be bound by the Sales Agreement.
Personal pickup of the Product by the Customer is free of charge.
§ 10
Right to Withdraw from the Agreement
The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
The period specified in paragraph 1 begins from the delivery of the Product to the Consumer or a person indicated by them other than the carrier.
In the case of an Agreement covering multiple Products that are delivered separately, in batches, or in parts, the period specified in paragraph 1 begins from the delivery of the last item, batch, or part.
In the case of an Agreement involving regular delivery of Products over a specified period (subscription), the period specified in paragraph 1 begins from taking possession of the first item.
The Consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. To meet the withdrawal period, it is sufficient for the Consumer to send the statement before its expiry.
The statement may be sent by traditional mail or electronically by sending the statement to the Seller’s email address or by submitting the statement on the Seller’s website – the Seller’s contact details are specified in § 3. The statement may also be submitted on a form, the template of which is an annex to the Act of 30 May 2014 on Consumer Rights, but this is not mandatory.
In the case of sending the statement by the Consumer electronically, the Seller will immediately send the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement to the email address provided by the Consumer.
Effects of withdrawal from the Agreement:
In the case of withdrawal from a distance agreement, the Agreement is considered not concluded.
In the case of withdrawal from the Agreement, the Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, refund all payments made by them, including the costs of delivering the item, except for additional costs resulting from the Consumer’s choice of a delivery method other than the cheapest standard delivery method offered by the Seller.
The refund will be made using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer explicitly agrees to a different solution that will not involve any costs for them.
The Seller may withhold the refund until receipt of the Product or proof of its return, whichever occurs first.
The Consumer should return the Product to the Seller’s address specified in these Terms and Conditions immediately, no later than 14 days from the day they informed the Seller of the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product before the expiry of the 14-day period.
The Consumer bears the direct costs of returning the Product.
The Product must be returned unchanged and without any traces of use.
§ 11
Complaint and Warranty
The Sales Agreement covers new Products.
The Seller is obliged to deliver the item free from defects.
In the case of a defect in the product purchased from the Seller, the Customer has the right to file a complaint based on the provisions of the Civil Code regarding warranty.
The complaint should be submitted in writing or electronically to the Seller’s addresses provided in these Terms and Conditions.
In the case of courier shipment, a full photo of the damage report should be attached to the complaint (it is drawn up after opening the package with the courier and noticing the damage or later contact with the courier to draw up such a report)
It is recommended to include in the complaint, among others, a concise description of the defect, photos of the damage, circumstances (including the date) of its occurrence, data of the Customer filing the complaint, and the Customer’s request related to the product defect.
The Seller will respond to the complaint request immediately, no later than within 14 days, and if they do not do so within this period, the Customer’s request is considered justified.
Goods returned as part of the complaint procedure should be sent to the address provided in § 3 of these Terms and Conditions.
In the case where a warranty has been granted for the Product, information about it, as well as its content, will be included in the Product description in the Store.
§ 12
Out-of-Court Methods of Handling Complaints and Pursuing Claims
Detailed information on the possibility for the Consumer to use out-of-court methods of handling complaints and pursuing claims and the rules of access to these procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the 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.
The Consumer has the following exemplary possibilities to use out-of-court methods of handling complaints and pursuing claims:
The Consumer is entitled to apply to the permanent consumer arbitration court, referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Consumer and the Seller.
The Consumer may obtain free assistance in resolving a dispute between them and the Seller, also using the free assistance of the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, the Polish Consumer Association).
§ 13
Information on the Processing of Personal Data in the Online Store
The administrator of the personal data of Customers collected through the online store is the Seller.
The personal data of Customers collected by the administrator through the online store are collected for the purpose of executing the Sales Agreement based on Art. 535 (including informing electronically about the current status of the order), and if the Customer consents – also for marketing purposes.
In the case of a Customer who uses the postal or courier delivery method in the online store, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary performing shipments on behalf of the Administrator.
The data will be stored for the time necessary for their use.
The Customer has the right to access their personal data, rectify, delete, or limit their processing.
The Customer has the right to object to further processing, and in the case of consent to data processing, to withdraw it. The exercise of the right to withdraw consent does not affect the processing that took place before the withdrawal of consent.
The Customer also has the right to data portability (in particular transaction history)
In the case of a Customer who uses electronic payments or credit card payments in the online store, the Administrator provides the collected personal data of the Customer to the selected entity handling the above payments in the online store.
Providing personal data is voluntary, but failure to provide the personal data necessary to conclude the Sales Agreement specified in the Terms and Conditions results in the inability to conclude this agreement.
§ 14
Final Provisions
Agreements concluded through the online store are concluded in Polish.
The Seller reserves the right to make changes to the Terms and Conditions 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 Terms and Conditions. The Seller will inform the Customer about each change at least 7 days in advance.
In matters not regulated in these Terms and Conditions, the 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.
The Customer has the right to use out-of-court methods of handling complaints and pursuing claims. For this purpose, they may file a complaint via the EU online platform ODR available at: http://ec.europa.eu/consumers/odr/.
