Shop Terms and Conditions

Terms and conditions of online store Otomatic

This document defines rules of concluding sales contracts via the store and contains the most important information about the Seller, the store and Consumer's rights.

TABLE OF CONTENTS

§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order completion
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal information
§ 11 Disclaimers
Provisions concerning non-consumer Buyers § 12
Appendix No. 1: Model withdrawal form

§ 1 DEFINITIONS

Business days - days from Monday to Friday except public holidays.
Account - regulated by separate regulations free-of-charge function of the Store (service provided electronically), through which the Buyer can set up his individual Account in the Store.
Consumer - a consumer within the meaning of the Civil Code.
Buyer - any entity buying in Store.
Regulations - these Regulations.
Store - Otomatic online store operated by Seller at https://sklep.otomatic.pl.
Seller - entrepreneurs entered in the Central Register of Evidence and Information on Business Activity conducted by the minister competent for economy and keeping the Central Register of Evidence and Information on Business Activity:

Wronka Mateusz Rafał, NIP 5492449865, REGON 369400914, operating under the name OTOMATIC SMOLEC I WRONKA SPÓŁKA JAWNA - partner in a civil partnership
Smolec Krzysztof Artur, NIP 5492449865, REGON 369400914, operating under the name OTOMATIC SMOLEC I WRONKA SPÓŁKA JAWNA - a partner of a civil law partnership
conducting business under a civil law partnership under the name OTOMATIC SMOLEC I WRONKA SPÓŁKA JAWNA with headquarters at Krakowska 83C, 34-120 Andrychów, NIP 5492449865, REGON no. 369400914. .

§ 2 CONTACT WITH SELLER

Postal address: Krakowska 83C, 34-120 Andrychów
E-mail address: sklep@otomatic.pl
Phone: 882814733

§ 3 TECHNICAL REQUIREMENTS

For proper functioning of the Store you need:
a device with access to the Internet
a web browser that supports JavaScript and cookies.
To place an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is necessary.

§ 4 SHOPPING IN STORE

Prices of goods visible in the Store are total prices for the goods, including VAT.
Seller points out that the total price of the order consists of the price of the goods indicated in the Store and, if applicable, the cost of delivery of goods.
Goods selected for purchase should be added to the basket in the Store.
Then the Buyer chooses from the available in the store: the method of delivery of goods and method of payment for the order and enter the data necessary to complete the order.
The order is placed when the Buyer confirms its content and accepts the Terms and Conditions.
Placing an order is the same as concluding a contract of sale between the Buyer and Seller.
Seller shall provide confirmation of conclusion of the contract of sale to the Consumer on a durable medium at the latest at the time of delivery of goods.
Buyer can register at the Shop, i.e. create an Account or make purchases without registration by providing his data for each order.

§ 5 PAYMENTS

You can pay for your order, depending on the choice of the Buyer:
By ordinary bank transfer to the Seller's bank account.
Via payment platform:
Shoper payments
Cash on delivery, i.e. by card or in cash at the time of delivery of goods to the Buyer.
Cash on delivery at the time of personal collection of goods.
If the Buyer chooses to pay via the payment platform: Payments Shoper, the entity providing online payment service is Blue Media S.A.
If the Buyer chooses payment in advance, the order must be paid for within 7 working days after placing the order.
Seller informs that in the case of some payment methods, due to their specificity, payment for the order by this method is possible only directly after placing the order.
Available payment methods by which payment can be made:
Payment cards:
Visa
Visa Electron
MasterCard
MasterCard Electronic
Maestro

In the event that a refund is necessary for a transaction made by the customer with a payment card, the seller will make the refund to the bank account assigned to the customer's payment card.

§ 6 ORDER FULFILLMENT

Seller is obliged to deliver goods without defects.
Deadline for the implementation of the order is indicated in the Store.
If the Buyer has chosen to pay in advance for the order, the Seller shall proceed to carry out the order after it has been paid.
In the situation when in one order the Buyer has purchased goods with different lead times, the order shall be completed within the period relevant to the goods with the longest lead time.
Goods are delivered exclusively in the territory of the Republic of Poland.
Goods purchased in the Store are delivered depending on the method of delivery chosen by the Buyer:
Through a courier company
The Buyer can pick up the goods in person at the company's headquarters during its opening hours.
In the case of choosing personal collection by the Buyer, the goods will be ready for collection on the indicated date of execution of the order, and if the Seller has indicated the date of shipment of the goods - on that date.
If the customer chooses a method of payment by bank transfer or payment card, the order processing time is counted from the date of crediting the Seller's bank account or settlement account.

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

Consumer has the right to withdraw from the contract concluded with the Seller through the Shop, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
Term to withdraw from the contract expires after 14 days from the date:
on which the Consumer came into possession of the goods or on which a third party other than the carrier and indicated by the Consumer came into possession of the goods.
in which the Consumer has taken possession of the last of the goods or in which a third party other than the carrier and indicated by the Consumer has taken possession of the last of the goods in the case of an agreement to transfer the ownership of multiple items that are delivered separately.
the conclusion of the contract - in the case of a contract for the supply of digital content.
To be able to exercise the right of withdrawal the Consumer must inform the Seller, using the data specified in § 2 of the Terms and Conditions, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or information transmitted by e-mail).
The consumer may use the model withdrawal form at the end of the Terms and Conditions, but it is not obligatory.
To meet the deadline for withdrawal it is sufficient for the Consumer to send information on exercising his right of withdrawal before the expiry of the deadline for withdrawal.

EFFECTS OF WITHDRAWAL

In the case of withdrawal from the concluded agreement the Seller returns to the Consumer all payments received from him, including the costs of delivery of goods (except for additional costs arising from the chosen by the Consumer way of delivery other than the cheapest ordinary way of delivery offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed of the Consumer's decision to exercise the right of withdrawal.
Reimbursement of payments will be made by the Seller using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution, in any case the Consumer will not incur any fees in connection with this return.
The Seller may withhold reimbursement until it receives the goods or until it is provided with proof of return, whichever event occurs first.
The Seller asks to return the goods to the address: Krakowska 83C, 34-120 Andrychów immediately, and in any case no later than 14 days from the date on which the Consumer informed the Seller about withdrawal from the sales contract. The deadline is met if the Consumer sends back the goods before the expiry of the 14-day period.
The Consumer shall bear the direct costs of returning the goods.
The consumer is liable only for diminished value of the goods resulting from the use of the goods in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.
If the goods, due to their nature, can not be sent back in the usual way by post the Consumer will also have to bear the direct costs of returning the goods. About the estimated amount of these costs the Consumer will be informed by the Seller in the description of the goods in the Shop or when placing an order.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

Right of withdrawal from the contract concluded at a distance does not apply to the Consumer in relation to the contract:
in which the subject of the supply is a thing not prefabricated, produced to consumer specification or used to meet his individual needs.
in which the object of the supply is a thing that deteriorates quickly or has a short shelf life.
in which the subject of performance is the thing supplied in a sealed package that can not be returned after opening the package for health protection or hygiene reasons, if the package has been opened after delivery.
in which the subject matter of the performance are things which after the delivery, due to their nature, are inseparably connected with other things.
in which the subject matter of the provision are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery.
a contract for delivery of newspapers, periodicals or magazines, except for a subscription contract.
in which the price or remuneration depends on fluctuations in the financial market which are beyond the trader's control and which may occur before the end of the withdrawal period.
for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the withdrawal period and after the trader has informed him about the loss of the right of withdrawal.
§ 9 COMPLAINTS
In the event of a defect in the goods, the Buyer has the opportunity to claim defective goods under the warranty regulated in the Civil Code or guarantee, if the guarantee was granted.
Using the warranty, the Buyer may, on the terms and within the time limits specified in the Civil Code:
make a statement about price reduction
In case of a material defect - make a statement on withdrawal from the contract
demand to replace the item with a defect-free item
demand removal of defects
The Seller asks for submitting complaints on the basis of the warranty to the postal or electronic address specified in § 2 of the Regulations.
If it turns out that in order to consider the complaint it is necessary to deliver the advertised goods to the Seller, the Buyer is obliged to deliver the goods, in the case of a Consumer at the expense of the Seller, to the address Krakowska 83C, 34-120 Andrychów.
If the goods have an additional warranty, information about it, as well as its conditions, is available in the product description in the Store.
Complaints concerning the functioning of the Store should be sent to the e-mail address specified in § 2 of the Terms and Conditions.
Complaints will be considered by the Seller within 14 days.

OUT-OF-COURT COMPLAINT AND CLAIM PROCEDURE
In the event that the complaint procedure fails to bring the result expected by the Consumer, the Consumer may use, among others:
mediation conducted by a competent regional Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
The consumer has the right to seek the assistance of a permanent arbitration court operating at the Provincial Trade Inspection Inspectorate, to which a petition for arbitration should be submitted. As a rule, proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
free assistance from the municipal or district consumer ombudsman.
the ODR platform available online at http://ec.europa.eu/consumers/odr/.

§ 10 PERSONAL DATA

The administrator of personal data provided by the Buyer while using the Shop is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as the recipients of the data - can be found in the Privacy Policy available in the Shop - due to the principle of transparency, contained in the General Regulation of the European Parliament and the Council (EU) on data protection - "RODO".
The purpose of processing Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for processing personal data in this case is:
sales contract or actions taken at the request of the Buyer aimed at its conclusion (Article 6(1)(b) RODO),
Seller's legal obligation relating to accounting (Article 6(1)(c)) and
the Seller's legitimate interest in processing the data in order to establish, assert or defend potential claims (Article 6(1)(f) RODO).
Providing data by the Buyer is voluntary, but at the same time necessary to conclude a sales agreement. Failure to provide data will prevent the conclusion of a sales contract in the Store.
Buyer's data given in connection with purchases in the Shop will be processed until the moment when:
Seller ceases to be legally obliged to process Buyer's data;
possibility of vindication of claims by the Buyer or the Seller, related to a sales contract concluded by the Store ceases;
will be accepted Buyer's objection to the processing of his personal data - if the basis for data processing was a legitimate interest of the Seller
- depending on what is applicable in a given case and what will occur at the latest.
The Buyer has the right to request:
access to his personal data,
rectification,
erasure,
restriction of processing,
demand to transfer the data to another administrator
as well as the right:
to object at any time to the processing of data for reasons related to the Buyer's particular situation - to the processing of personal data concerning him, based on Article 6(1)(f) RODO (i.e. on the legally justified interests pursued by the administrator).
In order to exercise their rights, the Buyer should contact the Seller using the data in § 2 of the Regulations.
If the Buyer believes that his data are processed unlawfully, the Buyer may file a complaint with the President of the Office for Personal Data Protection.

§ 11 DISCLAIMERS

It is prohibited for the Buyer to provide content of an unlawful nature.
Each order placed in the Store constitutes a separate contract of sale and requires a separate acceptance of the Terms and Conditions. The contract is concluded for a period and for the purpose of the order.
Contracts concluded on the basis of these Regulations are concluded in the Polish language.
None of the provisions of these Regulations does not exclude or in any way limit rights of the Consumer arising from the law.
Provisions relating to goods and the contract of sale shall apply respectively to digital content and the contract for the supply of digital content, unless these Regulations define these issues separately.

§ 12 PROVISIONS CONCERNING NON-CONSUMER BUYERS
The right of withdrawal from the Remote Agreement is not granted to the entity other than the Consumer.
Any liability of the Seller in relation to the Buyer who is not a Consumer is excluded.
In the case of a possible dispute with the Buyer who is not a Consumer the competent court shall be the court competent for the seat of the Seller.
Attachment No. 1 to the Terms and Conditions

Below is a sample form of withdrawal from the contract, which the Consumer may, but does not have to use:

MODEL WITHDRAWAL FORM
(this form should be filled in and sent back only in the case of the desire to withdraw from the contract)

OTOMATIC SMOLEC I WRONKA SPÓŁKA JAWNA
Krakowska 83C, 34-120 Andrychów
e-mail address: sklep@otomatic.pl

- I/We(*) ..................................................................... hereby inform(*) about my/our withdrawal from the contract of sale of the following goods(*) / for provision of the following service(*) / for supply of digital content in the form(*):

....................................................................................................................................................................................................................................

- Date of conclusion of the contract(*)/of receipt(*) ..........................................................................................................................

- Name of Consumer(s): ..............................................................................................................................

- Consumer(s)' address: ..........................................................................................................................................

..................................................................................................................................................................................

.............................................................................................
Signature of Consumer
(only if this form is sent in hard copy)

Date ............................................

(*) Delete as appropriate.

Terms of Service
Terms and conditions of your Otomatic store account

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal Data
§ 7 Objections

§ 1 DEFINITIONS
Account - regulated in these Terms and Conditions free-of-charge Store function (service), through which the Buyer can set up his individual account in the Store.
Buyer - any entity buying in Store.
Store - Otomatic online store operated by the Seller at https://sklep.otomatic.pl.
Seller - entrepreneurs entered in the Central Register of Business Activity and Information maintained by the competent minister of economy:

§ 2 CONTACT WITH THE SELLER

Postal address: Krakowska 83C, 34-120 Andrychów
E-mail address: sklep@otomatic.pl
Phone: 882814733

§ 3 TECHNICAL REQUIREMENTS

For proper functioning and setting up an Account you need:
active e-mail account
a device with access to the Internet
Internet browser supporting JavaScript and cookies

§ 4 ACCOUNT

The creation of an Account is entirely voluntary and depends on the will of the Buyer.
An Account gives the Buyer additional opportunities, such as: viewing the history of orders placed by the Buyer in the Store, checking the status of an order or individual editing of Buyer data.
In order to set up an account must be completed the appropriate form in the store.
At the time of creating an Account is concluded for an indefinite period between the Buyer and Seller contract for the conduct of the Account on the principles set out in these regulations.
Buyer may without incurring any costs at any time resign from the Account.
In order to resign from the Account one should send his resignation to the Seller on the e-mail address: sklep@otomatic.pl, which will result in immediate deletion of the Account and termination of the agreement to maintain the Account.

§ 5 COMPLAINTS

Complaints regarding the functioning of the Account should be sent to the e-mail address sklep@otomatic.pl .
Complaints shall be considered by the Seller within 14 days.

OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS
In the event that the complaint procedure fails to bring the result expected by the Consumer, the Consumer may use, among others:
mediation conducted by a competent regional Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
The consumer has the right to seek the assistance of a permanent arbitration court operating at the Provincial Trade Inspection Inspectorate, to which a petition for arbitration should be submitted. As a rule, proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
Internet ODR platform available at: : http://ec.europa.eu/consumers/odr/.

§ 6 PERSONAL DATA

The administrator of the personal data provided by the Buyer while using the Account is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as data recipients, can be found in the Privacy Policy available at the Shop - due to the principle of transparency, contained in the general regulation of the European Parliament and the Council (EU) on data protection - "RODO".
The purpose of processing the Buyer's data is to maintain the Account. The basis for the processing of personal data in this case is a contract for the provision of services or actions taken at the request of the Buyer aimed at concluding such a contract (Article 6(1)(b) of the RODO), as well as the Seller's legitimate interest consisting in the processing of data to determine, pursue or defend potential claims (Article 6(1)(f) of the RODO).
Providing data by the Buyer is voluntary, but at the same time necessary to maintain the Account. Failure to provide the data means that the Seller will not be able to provide the service of running an Account.
Buyer's data will be processed until the moment when:
the possibility of asserting claims by the Buyer or the Seller, related to the Account ceases;
Buyer's objection to processing of his personal data is accepted - in case when the basis of data processing was a legitimate interest of the Seller
- depending on what is applicable in a given case and what will happen at the latest.
The Buyer has the right to request:
access to his personal data,
rectification,
erasure,
restriction of processing,
demand to transfer the data to another administrator
as well as the right:
to object at any time to the processing of data for reasons related to the Buyer's particular situation - to the processing of personal data concerning him, based on Article 6(1)(f) RODO (i.e. on the legitimate interests pursued by the administrator).
In order to exercise their rights, the Buyer should contact the Seller.
If the Buyer believes that his data are processed unlawfully, the Buyer may file a complaint with the President of the Office for Personal Data Protection.

§ 7 DISCLAIMERS

It is prohibited for the Buyer to provide content of an unlawful nature.
The agreement for maintaining an Account shall be concluded in the Polish language.
In the event of the occurrence of important reasons referred to in paragraph 4, the Seller shall have the right to amend these Account regulations.
The important reasons referred to in paragraph 3 are:
necessity of adjusting the Store to the law regulations applicable to the Store's activity
improvement of security of the service provided
change of functionality of the Account requiring modification of the Account regulations.
The Buyer shall be informed of a planned change to the Account regulations at least 7 days before the change comes into force via an email sent to the address ascribed to the Account.
In the event that the Buyer does not accept the planned change, he should inform the Seller about it by sending the appropriate message to the Seller's e-mail address sklep@otomatic.pl, which will result in termination of the agreement for Account maintenance from the moment the planned change comes into force, or earlier if the Buyer submits such a request.
In a situation where the Buyer does not object to a planned change until it comes into force, it is assumed that he accepts it, which does not constitute any obstacle to termination of the agreement in the future.
In case of a possible dispute with the Buyer who is not a Consumer the competent court shall be the court having jurisdiction over the Seller's seat.
None of the provisions of these Regulations does not exclude or in any way limit the rights of the Consumer under the law.