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ONLINE STORE TERMS AND CONDITIONS

I. GENERAL PROVISIONS

  1. The Terms and Conditions specify types and scope of services provided by electronic means by the Shop, the principles of provision of these services, terms and conditions of conclusion of agreements on provision of services by electronic means and Sales Agreements, as well as the mode of complaint procedure and conditions of provisions of the Paid Servicing.
  2. The Client using the Shop's Electronic Services or Paid Servicing, is obliged to read the Terms and Conditions and to observe them. The condition to place an Order by the Client is to read the content of the Terms and Conditions and acceptation of its provisions before placing an Order.
  3. Web Shop operating at www.smove.pl is run by SMOVE Sp. z o.o. with its registered office in Knurów 44-190, ul. Przemysłowa 14, entered into the Register of Entrepreneurs kept by the District Court in Gliwice, 10th Economic Division of the National Court Register, under the KRS number: 0000522906, NIP: 9691611069, REGON [National Official Business Register]: 243670330, e-mail address: sklep@smove.pl or kontakt@smove.pl, phone number: +48,730,964,954
  4. Sale takes place on the basis of the Terms and Conditions applicable at the moment of placing an Order.

II. DEFINITIONS

  1. Working day – one day from Monday to Friday except public holidays.
  2. Registration form – form available on the shops website enabling account creation.
  3. Order Form (Client's Basket) – form available on the shops website enabling placing an order.
  4. Consumer – natural person who performs a legal transaction not connected directly with his/her business or professional activity.
  5. The Client – service recipient who intends to conclude or concludes a sales agreement with the seller.
  6. Account – assigned to the service recipient and designated with individual name (login) and password, collection of resources in the service provider's ICT system, in which the service recipient's data is stored, including information about orders placed.
  7. Terms and Conditions – these Terms and Conditions specifying the principles of provision of services by electronic means by the seller.
  8. Shop - service provider's online shop operating at www.smove.pl
  9. Seller, Service Providers, Service – SMOVE sp. z o.o. with its registered office in Knurów 44-190, ul. Przemysłowa 14, entered into the Register of Entrepreneurs kept by the District Court in Gliwice, 10th Economic Division of the National Court Register, under the KRS number: 0000522906, NIP: 9691611069, REGON [National Official Business Register]: 243670330, e-mail address: sklep@smove.pl or kontakt@smove.pl, phone number: +48,730,964,954,
  10. Product – movable or service available in the shop, being the subject of sales agreement between the Client and the Seller, specified in detail in the order.
  11. Sales Agreement – agreement of product sale concluded between the Client and the Seller through the shop.
  12. Service Recipient – natural person, legal person or organisational unit without legal personality, which law grants legal capacity, which uses the electronic service or Paid Service.
  13. Electronic Service – service provided by electronic means by the service provider for the service recipient via the shop.
  14. Paid Servicing – servicing not covered with the warranty or guarantee.
  15. Order - the Client's declaration of will constituting an offer to conclude an agreement of product sale with the seller.
  16. Newsletter – electronic service allowing the service recipient to subscribe and receive free information coming from the Service Provider, regarding the Products available in the Shop, at the e-mail address provided by the service recipient.

III. TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The service provider enables through the Shop use of Electronic Services such as:
    1. conclusion of Sales Agreements using means of electronic communication,
    2. creation and running the Account in the Shop,
    3. using the Newsletter.
  2. Provision of Electronic Services for Service Recipients in the Shop takes place on conditions specified in the Terms and Conditions.

IV. CONDITIONS OF PROVISION, CONCLUSION AND TERMINATION OF AGREEMENTS ON PROVISION OF ELECTRONIC SERVICES

  1. Provision of Electronic Services by the Service Provider is unpaid.
  2. Term for which the agreement is concluded:
    1. agreement on provision of Electronic Service consisting in creation and running the Account in the Shop is concluded for indefinite time,
    2. agreement on provision of Electronic Service consisting in enabling to place an Order in the Shop is concluded for a fixed term and is subject to termination at the moment of placing the Order or discontinuance of its placing by the Service Recipient,
    3. agreement on provision of Electronic Service consisting in use of the Newsletter concluded for indefinite time,
  3. Creation of an Account happens through the following:
    1. filling the Registration Form in the Shop by the Service Recipient, including provision of personal data and password and acceptation of the Terms and Conditions,
    2. authentication of own data through Facebook or Google social network and accepting the Terms and Conditions. The Account will be created with the moment of the Service Recipient confirming the data he/she provided, through messages sent at the provided e-mail address. Confirmation takes place through clicking the reference (link) included in it,
  4. In order to use the Newsletter it is sufficient for the Service Recipient to provide e-mail address on which he/she intends to receive information from the Service Provider and to grant consent to receive commercial information this way from the Service Provider, through activation of the reference in the e-mail message received at the provided e-mail address.
  5. The Service Recipient shall enter data consistent with the facts.
  6. The technical requirements necessary for cooperation with the ICT system used by the Service Provider include:
    1. computer of smartphone (or other equivalent device) with access to the Internet network, equipped with the operating system from the Windows, Linux, OSX, Android or iOS family,
    2. possession of an e-mail account,
    3. use of an Internet browser which supports Cookie files and JavaScript, e.g. Mozilla Firefox, Google Chrome, Internet Explorer, Microsoft Edge, Opera, Safari,
  7. It is forbidden for the Service Recipient to provide content of lawful nature, violating personal rights of third parties and of the Service Provider, incorrect or misleading content.
  8. The Service Recipient shall use the Shop in a lawful manner and consistent with morality considering respect for personal rights and intellectual property rights of third parties.
  9. The Service Recipient may terminate the agreement on provision of Electronic Service referred to in section 2 letter a) and c) with immediate effect and without indicating reasons through sending an appropriate declaration via e-mail at: sklep@smove.pl. Furthermore, termination of the agreement on provision of Electronic Service referred in section 2 letter c) (cancellation of the Newsletter) may happen through re-entering the e-mail address by the Service Recipient at the place of Newsletter activation on the Shop's website.
  10. The Service Provider may terminate the agreement on provision of Electronic Service referred to in section 2 letter a) and c) in the event when the Service Recipient violates the Terms and Conditions, in particular, when he/she provides content on unlawful nature. Agreement in such case terminates after lapse of 7 days from the date of submittal of the declaration of will on its termination.
  11. In case the Service Recipient not being a Consumer, the Service Provider may terminate the agreement on provision of Electronic Service with immediate effect and without indicating reasons through sending a declaration on termination.

V. TERMS OF CONCLUSION OF SALES AGREEMENTS

  1. Information about Products appearing on the Shop's websites do not pose an offer within the meaning of the Civil Code but an invitation to conclude an agreement. The Client, placing an Order, makes a purchase offer of the given Product to the Seller on terms specified in the Order Form (Client's Basket).
  2. The Product price visible on the Shop's website is given in Polish zloty (PLN) along with VAT. The Price does not include the delivery costs, which is given during filling the Order Form.
  3. Orders may be placed according to the Client's choice:
    1. through the Account,
    2. without the need to register an Account,
  4. Orders may be placed 24 hours a day 7 days a week through the Order Form (Client's Basket).
  5. Conclusion of the Sales Agreement.
    1. For conclusion of the Sales Agreement, it is necessary for the Client to place an Order in advance using methods made available by the Seller.
    2. After submittal of the Order, the Seller, immediately confirms its reception at the same time accepting the Order, which results in committing the Client with his/her Order. Confirmation of reception and acceptance of the Order for implementation takes place through sending and e-mail message which contains all important elements of the placed Order.
    3. At the moment of Client's receipt of e-mail message confirming receipt and acceptance of the Order by the Seller, a Sales Agreement is concluded between the Client and the Seller.
  6. The Shop implements Orders placed from Monday to Friday from 8:00 to 15:00. Orders placed during Working Days after 15:00, on Saturdays, Sundays and holidays, will be considered the next Working Day.
  7. The Product's shipment, considering the time to complete it, will take place on the date indicated on the Shop's website for the given Product, counting from the date of conclusion of the Sales Agreement, however, no earlier than after receipt of payment according to the payment method chosen by the Client, save for cash on delivery method.
  8. Along with the Product, the Seller will provide the Client with a proof of purchase in the form of a receipt or, at the Client's request, VAT invoice.

VI. PAYMENT METHODS

  1. The Seller makes available the following payment methods:
    1. payment via bank transfer in form of prepayment to the Seller's bank account,
    2. cash on delivery,
    3. payment using PayU or eCARD electronic payment service,
  2. In case of bank transfer, the payment should be made to the Seller's bank account provided in the course of placing an Order, quoting the Order number in the transfer title.
  3. In case of payment using electronic payment services, the Client makes the payment before initiating the Order's implementation. The electronic payment services enable making payments using a credit card or a fast transfer from selected Polish banks. The Product shall be sent only after payment.
  4. The Client shall pay the price arising from the Sales Agreement within 5 Working Days from the date of its conclusion.

VII. COST, TERM AND DELIVERY METHODS

  1. The Product's delivery costs are determined in the course of placing the Order and are dependent on the selection of the payment method and method of delivery of the purchased Product.
  2. The Seller uses the following methods of delivery:
    1. using the courier company (DHL),
    2. using the Polish Post,
    3. personal receipt in the Seller's registered office.
  3. The Product delivery time consists of the time of completing the Product, ranging from 1 to 2 Working Days and the Product delivery time by the carrier at the date declared by it, i.e. from 1 to 3 Working Days.
  4. Profits and burdens connected with the Product and threat of accidental loss or damage to the Product pass to the Client who is not a Consumer from the moment of issuing the Product to the carrier. In such case, the Seller is not liable for loss, attrition or damage of the Product arising from the moment of acceptance of the Product for carriage until presenting it to the Client, as well as for delay in the shipment carriage.
  5. In case of sending the Product to the Client through the carrier, the Client who is not a Consumer shall examine the shipment in time and in a way established with shipments of this type. Should be found that during carriage an attrition or damage to the Product occurred, the Client shall undertake all necessary activities to determine the carrier's liability.

VIII. PRODUCT'S WARRANTY

  1. The Seller grants a warranty applicable on the territory of the European Union for products offered in the Shop.
  2. The warranty period for the Products is 24 months and is counted from the date of delivery of the Product to the Client, unless otherwise stated in the warranty card attached to the product.
  3. The warranty covers exclusively physical defects resulting from causes inherent in the Product and not defects connected with its use  by the Client. In particular, the warranty does not cover:
    1. mechanical damage,
    2. damage as a result of random events,
    3. damage connected with improper handling of the Product,
    4. damage resultant from normal exploitation of the Product,
    5. damage connected with lowering of electric voltage, low or high temperatures, humidity, flooding or other random events,
    6. installation and handling of the Product,
    7. loss of data resultant from activity or negligence of the user (this includes effects of malicious software),
    8. damage as a result of structure alterations and changes made by the Client or unauthorised third parties.
  4. The scope of the Seller's warranty services includes:
    1. free-of-charge repair of the Product in the scope of found physical defects in the Product,
    2. exchange for a new Product in case of inability to remove the defect – about which the Seller decides.
  5. The Client reports complaints connected with the warranty in person or through e-mail address at serwis@smove.pl with use of the form posing an appendix no. 3 to the Terms and Conditions. Consideration of the warranty complaint shall take place within 14 Working Days from the date of report. The Client provides the Seller with relevant explanations and information necessary to determine the nature and defect and way to remove it.
  6. The Product's proof of purchase and valid warranty card are necessary for consideration of the warranty complaint.
  7. The Product covered by the warranty complaint should be delivered to the Seller's registered office address SMOVE Sp. z o.o., ul. Przemysłowa 14, 44-190 Knurów in person or through third entity providing courier of postal services. If there are grounds for warranty claims, the Seller will reimburse the Client with the cost of the Product delivery, with reservation that the method of delivery should not deviate from the method offered by the Shop and normal market rates.
  8. The Seller will perform its responsibilities resulting from the warranty within fourteen 14 Working Days from the date of delivery of the Product by the Client. The repair period may be extended in case of necessity to check the components or use the service of the Product components manufacturer.
  9. If occurrence of the reported defect shall not be confirmed by diagnostics or problems shall result from faulty use, the Seller reserves the right to charge additional fee of PLN 100 (net) for each started hour of the diagnostics.
  10. After completion of warranty services, the Product will be given to the Client in the Seller's registered office.
  11. Should the warranty service include the component exchange, the warranty period they are covered with results from the records of warranty card provided by the manufacturer of this equipment.
  12. The warranty does not exclude nor does not limit the Client's entitlements nor does not influence the Seller's responsibility due to the statutory warranty for the Product defects. In case of performing the entitlements resulting from the warranty by the Client, the course of the term to perform entitlements due to statutory warranty shall be suspended at the date of the Seller's notification about the defect. This term runs further from the date of the guarantor's refusal to perform responsibilities resulting from the warranty or ineffective expiry of term for their performance.

IX. COMPLAINT PROCEDURE

  1. Complaints due to statutory warranty:
    1. The Seller as part of the Sales Agreement provides the Client with a Product free of physical and legal defects. In case of their occurrence, the Seller is liable towards the Client who is a Consumer, under statutory warranty for Product's physical and legal defects in the scope specified in Art. 556 and subsequent Acts from 23 April 1964, the Civil Code and the following provisions.
    2. The Seller is liable under the statutory warranty if the Product has a defect existing at the moment of release of the Product and when it reveals itself within 2 years from its delivery. In such case, the Client who is a Consumer has the right to request a price reduction or, if the defect is significant, withdraw from the agreement, unless the Seller proposes a Product exchange for one free of defects or its repair in an answer to the submitted complaint. This Client may also request a Product exchange for one free of defects or its repair.
    3. The notifications about defects regarding the Product and reporting of appropriate request may be completed through e-mail address at serwis@smove.pl with use of the form posing an appendix no. 3 to the Terms and Conditions. In complaint notification form, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular type and date of occurrence of irregularities and contact details.
    4. The Seller immediately responds to the Client's request, no later than within 14 days. Response on the matter of complaint is sent on the e-mail address provided by the Client or in another way provided by the Client.
    5. When it is necessary for evaluation of the Product's physical defects, implementation of entitlements under statutory warranty or performance of the Seller's responsibilities, the Product should be delivered to the Seller's registered office address.
    6. In relation to the complaint of the Client who is a Consumer, the Seller reimburses the costs of the Product's delivery to the Seller and also covers the costs of its repair or exchange for a one free of defects, unless the complaint has justifiable grounds. The method of delivery should not derive from the normal, cheapest method of provision offered by the Shop.
    7. The claim for making repairs or exchanging the Product expires after a year, counting from the date of discovering the defect. On the same annual period, the right to withdraw from the agreement or the request to reduce the price due to the disclosed defects shall expire.
    8. In case of Clients who are not Consumers, the responsibility under statutory warranty is excluded.
  2. Complaints connected with provision of Electronic Services by the Service Provider:
    1. Complaints connected with provision of Electronic Services through the Shop, may be submitted by the Service Recipient via e-mail at: sklep@smove.pl
    2. In the abovementioned e-mail message, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular type and date of occurrence of irregularities and contact details.
    3. The Service Provider immediately considers the request, no later than within 14 days. The Service Provider's response on the matter of complaint is sent on the e-mail address provided by the Service Recipient in the complaint notification or in another way provided by the Service Recipient.

X. TERMS OF PROVISION OF PAID SERVICING

  1. General terms
    1. The Service Provider provides paid equipment servicing under written protocol of servicing request, which poses a confirmation of conclusion of agreement on provision of paid servicing. All additional significant decisions need to be presented in the written form and accepted by both parties.
    2. The place of acceptance and release of the equipment by the service is the Service Provider's registered office.
    3. Returning the equipment to the Service and executing a signature on the notification means acceptance of these Terms and Conditions.
  2. Servicing notification
    1. The condition to begin the servicing is submittal of a protocol of the executed servicing notification by the Client:
      1. personally in the service along with bringing the equipment;
      2. by e-mail – sending a scan of a filled and executed notification protocol – after bringing the equipment to the service.
    2. In case of sending the notification scan via e-mail it is necessary to attach its original to the equipment sent to the service.
    3. The servicing notification shall be annulled if the Service does not receive the equipment within 10 working days from the date of receipt of the protocol in the way indicated in point 1 letter b.
  3. Receipt of equipment for repair
    1. The service may refuse to accept the equipment and perform the servicing in the following cases:
      1. breakage of seals placed on the equipment or components included in its composition,
      2. the device's incompleteness, irregularity or incompleteness of data in the documentation preventing performance of the repair,
      3. performance of unauthorised repairs, construction changes and performance of reconfiguration or extension of the device by persons unauthorised by the service,
      4. use of the device for purposes other than intended,
      5. when the equipment is heavily dirty.
    2. The equipment is accepted with the full set of feeder cables and signal ducts.
    3. The service is not responsible for accessories and devices left along with the equipment and not recorded by the Client in the protocol and not being the subject of servicing.
    4. The Client will bear the costs of a new package added by the service in case of receipt by the service of equipment that was improperly secured, thus preventing sending it back due to possibility of damage in transport. The cost is dependent on the type of equipment sent, about which the Client will be informed via e-mail or personally upon returning equipment for servicing.
    5. The Service Provider does not bear liability for damage ensuing during transport to and from the Service.
    6. When transport is carried out at the Service Provider's request, all shipments are insured accordingly to the equipment value resulting from its purchase invoice.
    7. In case of servicing printers, a necessary requirement for acceptance of the printer for repair is delivery of exploitation materials along with the printer. In particular, this applies to the case when the servicing problem is connected with the printout quality. Where available, the delivered exploitation materials should be the exact ones using which the servicing problem occurred. The condition of exploitation materials delivered with the device should allow printing. Returning the device without the exploitation materials may prevent the proper diagnostics of the failure. In such case, the service reserves the right to install new materials without notifying the Client, directly burdening the Client with the costs of such operation.
    8. The Service does not bear costs connected with material and immaterial losses resulting from the hold-up in work and is not liable for damage or data loss during performance of servicing activities.
    9. Unless it has been formerly agreed in writing, the Service Provider does not bear costs connected with delivering the equipment to and from the service.
  4. Diagnosing
    1. The Client should exactly specify the type of fault and circumstances of its occurrence.
    2. Equipment is diagnosed by the service in terms of fault reported bu the Client.
    3. Unless possible, directly after accepting the equipment, the service has 5 working days to perform diagnostics, inform the Client about its result and prepare a repair cost estimate which will be valid for 5 Working Days. During this time, the Client is obliged to make a decision about further conduct in the matter of the notification.
    4. If the Client does not confirm the desire to continue servicing within 5 working days, this shall be deemed as withdrawal from further repair. The equipment will be returned to the address provided in the servicing notification Protocol. Fees connected with shipment and possible diagnostics of the equipment will be charged.
    5. The Service in not liable for failures that were concealed or not mentioned by the Client in the course of acceptance of the equipment.
    6. After performed diagnostics, the Client shall be informed about its result directly in the service or via e-mail.
  5. Repair
    1. The date of commencing the repair is counted from the confirmation of the intention to continue the repair by the Client.
    2. The Service will make every effort for the equipment repair to be carried out up to 14 working days from the moment of its commencement.
    3. If the repair is connected with importing additional components directly from the producer, the service reserves the right to extend the repair period by the time of delivery of those elements. The Client shall be informed about this fact via e-mail.
    4. If the repair is associated with additional costs, the Client may determine the upper limit within which the service may perform repairs without further confirmation.
    5. If after the presentation of the cost estimate, or during the service, additional costs would appear, the service will inform the Client. In such case, the Client is entitled to withdraw from further repair after covering only the current servicing costs.
    6. If the device was formerly ineffectively repaired in another service, the Client is obliged to deliver it in the condition in which it was before the repair. Otherwise the service reserves the right to refuse to accept the equipment or to individually determine the repair costs independent from the applicable price list.
    7. The Service reserves the right to withdraw from the repair in case of lack of available spare parts directly from the equipment manufacturer.
    8. Should the Client withdraw from the transaction after diagnosis and acceptance of repair costs, he/she shall be charged with costs so far incurred by the service and costs of materials purchased for the given repair.
    9. The Service is not liable for loss and reproduction of data or software. The Client, prior to returning the equipment for servicing, should make safety copies of software and data located on the device for the purpose of protection against loss.
    10. All parts and devices replaced as part of servicing become the property of the service and are not subject to return.
    11. The Client authorises the service to perform all necessary operations on the device, for the purpose and in particular exchange of the components, soldering, soaking, disassembly, opening, cleaning and data processing. In case of failure to inform the service about a valid manufacturer's warranty for respective components, the service is not liable for loss of that warranty.
  6. Release of the equipment
    1. After completion of the repair, the service shall inform the Client within 3 Working Days about the possibility of its receipt.
    2. The Client shall collect the equipment up to 10 Working Days from the moment of receipt of the information about the finished repair from the service.
    3. The collection of equipment takes place in person in the service's registered office or through courier package.
    4. In case of personal collection, the Client has the possibility to check the correctness of operation of the device in the service's registered office and, in the event of occurrence of irregularities, to make a complaint for the servicing.
    5. If the receipt of the equipment takes place through a courier company, the Client has 3 Working Days to collect the package to check the correct operation of the equipment and in the event of occurrence of irregularities, to submit a complaint for the servicing. After 3 Working Days from collection of the package, all irregularities is the equipment's operation will be treated by the service as a new servicing request.
    6. If the servicing is paid, the service issues a VAT invoice or a receipt for it.
    7. The only document authorising to personal receipt is the copy of the report Protocol, which the Client is obliged to present to the service.
    8. If after the servicing, the equipment is sent to the Client through a courier company, the service will charge him/her with the costs of packaging and shipment. The amount of costs shall be determined individually, depending on the type of shipment and delivery address (this regards especially overseas and pallet packages). The Client shall be informed about the shipment costs via e-mail along with an information about completed servicing.
    9. If the Client refuses to cover the shipment costs, the equipment will remain in the service's registered office and will await for personal receipt.
    10. After lapse of 10 Working Days from the moment of notifying the Client about the possibility to collect the equipment and the Client's failure to answer (or failure to accept the costs Referred to in section 8), a fee of PLN 30 (nett) shall be charged for each subsequent day of equipment storage. No option to notify the Client in a manner indicated by him/her and not resulting from the service's mistake, does not release the Client from storage fee before the equipment release. After aggregate lapse of 30 Working Days from the moment of notification, the equipment not collected from the service the equipment is forfeited and is deemed as abandoned by the owner (the Client) within the meaning of Art. 180 of the Civil Code.
    11. Shall the Client not be able to collect the equipment in time referred to in section 10, he/she should determine the terms of equipment storage with the service. Otherwise, the Service shall follow the provisions from section 10.
    12. Along with the equipment, the Client will receive a copy of the repair Protocol executed by the service. This Protocol poses a proof of the performed repair and may be basis for warranty claims for servicing.
  7. The rules regarding data confidentiality
    Submittal of servicing order requires making the Client's personal data available, contained in the Protocol of servicing order. Submittal of servicing order means that the Client agrees for the Service to process personal data provided by him/her in the scope necessary to perform the service on the principles specified in these Terms and Conditions according to the provisions of the Act of 29 August of 1997 on protection of personal data.
  8. Final provisions and warranty
    1. The service grants a 6 month warranty for the performed service. The duration of the warranty is counted from the date on which the Client was informed about the completion of the service and possibility of collection of the equipment.
    2. Exclusively elements and activities listed in the repair Protocol are covered by the warranty granted by the service.
    3. Records of point X are applicable to the respective repairs performed within warranty or statutory warranty unless this does not violates the Consumers' statutory entitlements, with provision of records of points VIII and IX.

XI. RIGHT TO WITHDRAW FROM THE AGREEMENT

  1. The Client who at the same time is a Consumer, may withdraw from the Agreement without giving reasons, submitting a relevant declaration within 14 days from the date of delivery of the Protocol to him/her. In order to meet this term, it will suffice to sent a declaration on withdrawal from the agreement to the address of the Seller's registered office or via e-mail at: sklep@smove.pl. For this purpose, the Client who is a Consumer may use the template made available by the Seller as an attachment no. 2 to the Terms and Conditions.
  2. In case of withdrawal from the Agreement, the Sales Agreement is deemed not concluded. The Product, in a not altered condition and without signs of use, should be returned to the Seller immediately, no later than within 14 days from the date of withdrawal. It should be delivered, in an appropriately secured manner, to the address of the Seller's registered address: SMOVE Sp. z o.o., ul. Przemysłowa 14, 44-190 Knurów.
  3. The Consumer is liable for decreasing the Product's value, which is a result of using the Product in a way exceeding the necessary to state the Product's nature, features and functioning.
  4. The Seller within 14 days from sending the declaration about withdrawal, shall refund the payment for the Product along with its delivery costs using the same manner of payment, which was used by the Consumer, unless the Consumer explicitly agreed to another manner of return, which is not associated with any costs for him/her. However, the Seller may withhold the refund of the abovementioned payments until receipt of the Product or until receipt of proof of its return.
  5. The Consumer withdrawing from the Sales Agreement, bears only direct costs of sending the Product to the Seller, which also includes the cost of packaging and appropriate securing of the Product. If the Consumer selected a manner of Product's delivery other than normal, cheapest way of delivery offered by the Shop, the Seller shall not return additional costs incurred by the Consumer to the Consumer.
  6. The Consumer has no right to withdraw from the distance agreement in case of Sales Agreement: a) in which the subject of service is a non-prefabricated item, produced according to the Consumer's specifications or intended to meet his/her individualised needs, b) in which the subject of service is an item delivered in a sealed package, which after opening of the packaging may not be returned due to health protection or due to hygienic reasons, if the packaging was opened after delivery, c) in which the subject of service is service, if the entrepreneur performed the service fully with the express consent from the Consumer, who was informed before commencement of the service, that after its performance by the entrepreneur, he/she shall loose the right to withdraw form the agreement.
  7. The right to withdraw from the Sales Agreement is vested in both the Seller and the Client (Consumer), and in case of failure to perform the obligation by another party to the agreement in the strictly determined term.

XII. COPYRIGHT LAWS AND LICENCE

  1. The Shop's website and its respective elements, in particular Products, are works within the meaning of copyright laws. The Service Recipient may use works and databases included on the Shop's websites only in the scope of permitted use designated by the provisions of the Act of 4 February of 1994 on copyright and related rights and Act of 27 July of 2001 on protection of databases. In particular, beside cases specified in those provisions, without the Service Provider's consent it is forbidden for commercial purposes to perform the following: reproduction, copying, transfer, distribution or storage of parts or entirety of the Shop's website content.
  2. The Service Provider, on the basis of the agreement regarding provision of Electronic Services, grants the Service Recipient the non-exclusive, free-of-charge and non-transferrable licence to use the proprietary copyrights for works posted on the Shop's websites only in order to use the Electronic Services or to conclude a Sales Agreement. Using the Shop's website and its content is permitted for the Service Recipient's own needs and non-commercial purposes.
  3. The licence expires with the termination of the binding power of the relevant agreement for provision of Electronic Services.

XIII. PRIVACY POLICY AND PERSONAL DATA PROTECTION

  1. The Data Controller of personal data collected via www.smove.pl Shop is SMOVE Sp. z o.o. in Knurów 44-190, ul. Przemysłowa 14, entered into the Register of Entrepreneurs kept by the District Court in Gliwice, 10th Economic Division of the National Court Register, under the KRS number: 0000522906, NIP: 9691611069, REGON [National Official Business Register]: 243670330, e-mail address: sklep@smove.pl, hereinafter called the Data Controller or Service Provider.
  2. The Data Controller processes personal data according to the Act on personal data protection of 29 August of 1997 and Act on provision of services via electronic means of 18 July of 2002.
  3. The Data Controller processes the following personal data of the Service Recipients:
    1. Full name,
    2. Business name,
    3. NIP (Tax Identification Number),
    4. Address (street and house number, postal code, town/city),
    5. Phone number,
    6. E-mail address,
    7. Bank account number,
    8. Additional information provided by the User, unless they have a personal data nature.
  4. Personal data of the Data Recipients collected by the Data Controller are used for the following purposes:
    1. to perform and settle the Sales Agreement including for contacts with the Client,
    2. to provide Electronic Services of creation of an Account in the Shop and its operation,
    3. to provide Paid Servicing,
    4. for marketing purposes (Newsletter).
  5. Provision of personal data is voluntary. Provision of persona data is necessary for the Service Provider to provide Electronic Services within the Shop, to conclude the Sales Agreement of the Product or to provide Paid Servicing.
  6. Regardless of data referred to in section 3, the Service Provider is authorised to process exploitation data about the manner of use of Electronic Services by the Service Recipient in the form of the following:
    1. Designation identifying end of the telecommunication network or ICT system which was used by the Service Recipient (e.g. IP number).
    2. Information about start, end and scope of each time use of service provided by electronic means by the Service Recipient.
    3. Information about use of service provided by electronic means by the Service Recipient (e.g. logging on the Account).
  7. In the event when the Service Provider receives a message about the Service Recipient using the Electronic Services contrary to the Terms and Conditions or to applicable provisions (unauthorised use), the Service Provider may process the personal data of the Service Recipient in the scope necessary to determine the Service Recipient's responsibility.
  8. Processing of personal data continues for no longer than the period of provision of Electronic Services or performance of the Sales Agreement. After that time, the Service Provider may still process personal data necessary for settlement of the Sales Agreement and pursue claims, as well as explain circumstances of unauthorised use of Electronic Services.
  9. The Service Recipient have the right to access his/her personal data and to correct them. The Service Recipient is also entitled to control the processing of data regarding him/her, included in the Data Controller's data collection, and especially the right to request to complete, update, rectify the personal data or to permanently or temporally stop to process them or to erase them, if they are incomplete, out-of-date, untrue or were collected with violation of the Act or are already unnecessary to perform the purpose, for which they were collected. For this purpose, the Service Recipient may use through sending an appropriate e-mail message at: kontakt@smove.pl
  10. Detailed information in the scope of functionalities and how cookie files work was included in the tab "Privacy Policy" on the Shop's website.

XIV. FINAL PROVISIONS

  1. The agreements concluded through the Shop are concluded according to the Polish law.
  2. The disputes arising form the Sales Agreements and warranties and Paid Servicing between the Seller and:
    1. The Service Recipient (Client) being at the same time a Consumer - shall be settled by the juristically proper common court,
    2. The Service Recipient (Client) not being at the same time a Consumer shall be settled by the court of proper venue serving the address of the Service Provider (Seller).
  3. The Client being a Consumer, after end of the complaint proceedings, is also entitled to use the extra-legal ways to settle the disputes, such as the following:
    1. submittal of an application to initiate such proceedings to the Voivodship Inspector of the Trade Inspection in Katowice, ul. Brata Alberta 4, 40-951 Katowice – who conducts proceeding in the field of approximating the parties' position in order to resolve disputes or present propositions to resolve the dispute to the parties,
    2. direct the case to the Permanent Arbitration Court at the Voivodship Inspector of the Trade Inspection in Katowice, ul. Brata Alberta 4, 40-951 Katowice – in the field of settling the dispute and imposing its solution onto the parties. List of Permanent Consumer Arbitration Court running at Voivodship Inspectorates of the Trade Inspection available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596.
  4. The Client being a Consumer also has a right to use the Internet platform of the system of resolving disputes between consumers and entrepreneurs on the European Union level (Online Dispute Resolution platform) available at: http://ec.europa.eu/consumers/odr/. The ODR platform is an interactive website via which the consumer may file his/her complaint regarding statutory obligations resulting from the Internet sales agreement or agreement on provision of services concluded between consumers living in the European Union and entrepreneurs having their registered offices in the European Union.
  5. For matters not governed in these Terms and Conditions, the provisions of the Act on provision of services by electronic means of 18 July 2002, the Act on consumer rights of 30 May 2014 and Act of 23 April 1964 the Civil Code shall apply.

XV. APPENDICES

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