TERMS & CONDITIONS

REGULAMIN SKLEPU INTERNETOWEGO RAY-BAN OPTIQUE.PL 

  

 

  1. GENERAL PROVISIONS

  1. The following Terms and Conditions (further referred to as ‘The Terms and Conditions’) defines the rights and duties of the parties, the rules of using the Shop, the principles and manners of entering into the contract, placing orders in the Shop, delivering ordered goods, the principles of payment of the price and other charges, Customer’s entitlement to cancel the order and withdraw from the contract, limiting of the right to withdraw resulting from the Art. 38 of the Consumer Rights Act, the results of such withdrawal from the contract, the procedure of handling claims, responsibility of the Shop for the quality of the services, the content of the guarantee and/or aftersales services.

  2. Based on the Art. 8 (1) paragraph 1 of the Electronic Services Act of 18th July 2002 (Journal of Law from 2002, No 144 pos. 1204 with later changes) as well as Art. 9 and next of the 30th May 2014 Act on Customer Rights (Journal of Law from 2014, pos. 827 with later changes) the Terms and Conditions are made available free of charge via the Shop, the above mentioned assures possibility to get acquainted with its contents before signing the contract.

  3. The owner, administrator and entity running the shop is Glaser Group Sp. z o.o. with official legal site in Warsaw, Plac Trzech Krzyży 18, (00-499) Warszawa, enlisted in the Commercial Register of Entrepreneurs supervised by the Regional Court for the capital city of Warsaw, XII Department of Economy of the National Court Register – found at the following number: KRS 0000475410, with the share capital of 1.010.000 PLN paid in full, NIP 7010393453, REGON 146854128 (further referred to as “the Seller”).

  4. Contacting the Shop – via email: info@optique.pl, by phone: +48 8888 00000; by regular post: Plac Trzech Krzyży 18, (00-499) Warszawa.

  5. Definitions:

  1. The Shop – the online shop Optique.pl operating at the address http://www.optique.pl is operated by the Seller who sells goods via the internet;

  2. Working days – all days of the week from Monday to Friday, except for public holidays;

  3. Time of completion of the order – time in which the Shop will process the order and hand it over to the courier covering the method of delivery as chosen by the Customer;

  4. Customer – a natural person having full or limited legal capacity, legal entity or an organizational unit without legal entity status or a Consumer – purchasing shopping online in the Shop and being in possession of a customer account;

  5. Consumer – a natural person mentioned in the Art. 22 of the Civil Code, carrying out a legal act with the Seller in the Shop, an act which is not directly connected with his or her professional or economic activity;

  6. Customer Account – an administrating tool in the Shop, which is made available to a specified Customer in an authorised way (with the use of a login and a password) as an account in the Shop, with whose help the Customer can use Shop within the scope and based on the rules defined in the Terms and Conditions, especially the Customer can place orders, shop for goods and pay for them in the Shop, monitor the status of the order, review the history of transactions;

  7. Password – an individual set of characters defined by the Customer during the process of registration in the Shop or later, which enables the Customer to access his or her Customer Account;

  8. Login – a unique set of characters given by the Customer during registration in the Shop, used at the moment of logging in to the Customer Account, which unambiguously identifies the Customer;

  9. Traditional money transfer – a payment method used by the Customer via an internet bank account physically at a bank or at a post office;

  10. Electronic money transfer – a payment method used by the Customer via an internet bank account with the use of electronic payment system (online);

  11. Direct costs of returning of the goods – standard costs of an economy shipment of a specific weight with a national delivery operator, e.g. Poczta Polska S.A.;

  12. Civil Code – the Civil Code Act of 23 April 1964 (Journal of Law from 2014, pos. 121 with changes);

  13. Consumer Rights Act – the Consumer Rights Act of 30th May 2014 (Journal of Law from 2014, pos. 827);

  14. Electronic Services Act – the Electronic Services Act of 18th July 2002 (Journal of Law from 2013, pos. 1422 with changes).

 

  1. PLACING AND PROCESSING ORDERS

  1. The shop runs the sale of goods and services via the internet. The information about its goods and services is shown on the website optique.pl

  2. The Shop does not charge any fees for registration and setting up a Customer Account or for viewing the offer of the Shop;

  3. The internet access may involve obligatory charges on the part of the provider of this service.

  4. The Customer accepts that customer service in the Shop is carried out with the use of a computerised data system enabling personal data processing, which is mentioned in the Terms and Conditions, via a computerised data network, in accordance with the wording of the Electronic Services Act of 18th July 2002 (Journal of Law from 2002, No 144, pos. 1204 with later changes).

  5. In order to use the Shop the Customer must meet the condition of getting acquainted with the Terms and Conditions and accepting their provisions.

  6. In order to set up a Customer Account, the Customer should be registered at the Shop website, which is available at the address http://www.optique.pl. Registration takes place by filling in the registration form. The Customer fills in the registration form only once setting individual specific Login and Password. After completing the registration in the Shop, each instance of logging in to the Customer’s Account is done with the use of the data submitted in the registration form.

  7. It is banned for the Customer to provide content of illegal character. In case when the Shop receives an official notification or a reliable information about an illegal character of stored data supplied by the Customer, the Shop may block access to such data. By the act of filling in the registration form the Customer confirms the truthfulness of data submitted therein.

  8. The Shop sells and delivers merchandise that is free of defects, solely in the packaging intended by the manufacturer. The merchandise ordered by the Customer is brand new and has the manufacturer’s or distributor’s guarantee.

  9. Orders are taken by the Shop 7 days a week, 24 hours a day. The Shop processes orders on working days. Orders placed on non-working days will be processed on the first working day following the day on which the order was placed.

  10. In order for the Customer to buy goods in the Shop he or she must have an active email account.

  11. The Customer places an order in the Shop by filling in an order form. To place an order the Customer is supposed to:

  • select ordered goods or services,

  • select the means of delivery from among the ones that are available and provide delivery address and the address that is supposed to be included in the invoice,

  • select the option of payment from among the ones that are available in the Shop.

  1. Information about the goods is considered to be an invitation to enter into an agreement in the meaning of Art. 71 of the Civil Code. Customer places an offer of entering into a purchasing agreement for goods or services with the Shop by sending the order to the Shop. Each payment completed by the Customer – except for the payment made at the moment of delivery of the order – is deemed to be a prepayment for the order until the moment of sending the confirmation of accepting the order for processing by the Shop. As a result of placement of an order by the Customer, the Shop sends the Customer a specification of the order placed by the Customer along with the number of the order to the email address supplied by the Customer. The specification which is mentioned in the previous sentence does not constitute confirmation of accepting the order for processing.

  2. The confirmation of accepting the order for processing will be sent to the email address supplied by the Customer and will constitute a declaration of accepting the above-mentioned offer immediately after verification of availability of the goods by the Shop.

  3. Confirmation of all crucial elements of the order follows its placement by an email sent from the Shop to the Customer which will constitute acceptance of the order for processing. At this moment the purchasing agreement between the Shop and the Customer is deemed to be entered into by both parties. The parcel containing ordered goods will include a relevant bill or a VAT invoice.

  4. The Customer is informed about the status of the order in the Customer Account.

  5. The order will be completed providing that the goods are available for sale. In case of inability to realise the order the Shop will immediately notify the Customer of that fact. The notification along with the information about the rights the Customer is entitled to, especially the right to withdraw from the agreement that the Customer being a Consumer is entitled to, will be sent to the email address supplied by the Customer in the order form. In case of completion of the payment by the Customer, which is referred to in the previous sentence, the Shop will return the paid monies.

  6. In case of unavailability of the ordered goods, the Customer is informed about the status of the order and he or she makes the decision about the manner in which it will be further processed. The Customer is presented with the following options: prolongation of waiting time – Customer’s choice if this option results in completing the order in a prolonged time, after acceptance of the date of availability of the goods, or withdrawal from the agreement – cancellation of the order in its full scope.

  7. In case of lack of possibility to partially realise the order the Customer is informed about the status of the order and will make a decision about the manner of its further processing. The Customer is presented with the following options: partial completion – Customer’s choice of this option results in completion of the order only in respect to the available items, or withdrawal from the agreement - cancellation of the order in full scope. If the Customer already paid for the ordered goods, the Shop will return the monies according to the procedure described in the section Reimbursement of Customer resources.

  8. Promotion sale and Sales consist of limited number of goods. Processing of orders is carried out pursuant to the order of their reception until the stocks covered with the special form of sale in the Shop are exhausted.

  9. To secure transactions the Shop reserves to right to contact the Customer by phone or by email to confirm the order.

  10. In case of doubts as for the contacting data, especially lack of address in the generally available address databases, an incorrect post code, etc. the Seller will contact the Customer by phone or by email in order to verify the data.

  11. The shop completes only orders placed over the internet.

 

  1. CHANGES IN ORDERS

  1. Customers may introduce changes in their orders or cancel their orders at any moment before the Shop accepts them for processing. Current updated status of the order is available after logging in to the Customer Account. Introducing changes is possible only via the Customer Account or the Contact form on the Shop’s website.

  2. Neither changes in the order nor its cancellation can be executed over the phone.

 

  1. PRICES OF GOODS

  1. All prices of goods published in the Shop, stated in Polish zlotys, include VAT tax and do not include delivery costs.

  2. The price given at each item in the Shop is deemed binding at the moment of placing an order by the Customer.

  3. Prices in the Shop are not subject to negotiation.

  4. Delivery costs of the ordered goods by the Customer are presented in the order form after the method of delivery is selected but before placement of the order, as well as the total sum for all purchased goods or services.

  5. The Shop reserves the right to change the prices of the goods found in the Shop’s offer; the right to introduce new and remove chosen goods from the Shop’s offer; the right to change the delivery costs, the right to run and cancel promotion campaigns, sales, or introducing changes in them according to applicable regulations. The above-mentioned authorisation does not influence the prices of goods in orders placed before the date of the introduced change in prices, the effective date of changes in the conditions of promotional campaigns or the date of a sale.

  6. Promotional campaigns in the Shop are not subject to aggregation, unless the respective regulation says otherwise.

  7. Each Consumer’s purchase is supplemented with a cash register receipt or with a VAT invoice at his or her request. Each purchase carried out by other Clients is supplemented with a VAT invoice.

 

  1. TIME OF ORDER PROCESSING, 
    LIMITATIONS IN DELIVERIES OF GOODS

 

  1. Maximum time of delivery of purchased goods is 14 working days. Delivery is carried out to the address indicated by the Customer.

  2. In case when merchandise is available in the Shop, the order placed till 3 pm will be processed by the Shop within one working day from the moment of conclusion of the purchasing agreement. Whereas the order placed by the Customer after 3 pm will be processed within two working days, subject to limitations included in points 3 and 4 below.

  3. Merchandise is shipped to the Customer only on working days.

  4. With orders paid for by a regular or electronic money transfer the merchandise is shipped to the Customer after entry of the monies in the Shop’s account. The above-mentioned provision does not apply to orders with cash on delivery option.

  5. The Shop carries out deliveries only within Poland and to the EU countries.

  6. In case of orders with delivery in Poland that were paid for by a traditional or electronic money transfer, delivery costs are covered by the Customer. The Seller covers costs of a regular shipment in case of transactions whose amount exceeds 200 PLN.

  7. Regular delivery is carried out by Poczta Polska or another delivery company. In case when the Customer withdraws from the agreement, the Seller returns the costs of a regular delivery incurred by the Customer. However, the Customer covers the direct costs of return of the goods.

  8. For orders with deliveries to other EU countries or orders with cash on delivery payment option delivered in Poland, the delivery costs will be included on the cash register receipt or on the invoice according to the information available in the order form and in the delivery option.

  9. Orders shipped to EU countries may be carried out only by Poczta Polska or a delivery company.

  10. Delivery cost is always displayed during the process of filling in of the order form before placement of the order.

  11. Examination of the state of the parcel and description of the character of breach or damage of the packaging done in the presence of a delivery person or employee of Poczta Polska, including completing a damage protocol, will facilitate processing the complaint.

 

  1. METHODS OF PAYMENT, INITIATING THE PROCESSING 
    OF THE ORDER

 

  1. The Customer may select the following methods of payment for purchased goods with delivery in Poland:

  • cash on delivery – realisation of the order is initiated after completing the process of placing of the order;

  • traditional money transfer – after entry of the payment into the Shop’s bank account;

  • electronic money transfer, debit card or credit card payment in one of the systems of payments accepted by the Shop (Dotpay) – order processing is initiated after Shop’s reception of confirmation of a correct payment operation from the payment operator;

  • payment in instalments via the crediting and instalment system of Santander Consumer Bank with legal site in Wroclaw, ul. Strzegomska 42c, 53-611 Wroclaw (eRaty of Santander Consumer Bank) – processing of the order is initiated after completion of the order placement process.

  1. Orders with delivery outside Poland may be paid for solely with a payment card in one of the electronic payment systems accepted by the Shop (Dotpay) – order processing is initiated after Shop’s reception of confirmation of a correct payment operation from the payment operator.

  2. With some goods the Shop reserves the right to exclude some methods of payment for the order, of which the Customer will be notified on the product site.

  3. Selection of a relevant method of payment takes place during filling in of the order form.

  4. The Shop reserves the right to exclude the cash on delivery payment method in case of Customers who will not pick up two consecutive orders paid for with cash on delivery.

  5. Information for bank transfers: Glaser Group Sp. z o.o., PL. Trzech Krzyży 18, 00-499 Warszawa, Bank Handlowy w Warszawie S.A. numer rachunku 75 1030 0019 0109 8503 0006 1876.

 

  1. CONDITIONS OF ELECTRONICALLY PROVIDED SERVICES

  1. Placing orders via the internet is possible providing that Customer’s computer system meets the following minimum technical requirements:

  • active internet connection allowing for a two-way communication via HTTPS protocol,

  • correctly installed internet browser supporting the HTML 5 standard as well as the cascading style sheet technology (CSS3), e.g. Internet Explorer version 9.0 or newer, Mozilla Firefox version 7.0 or newer, Google Chrome version 10.0 or newer, Opera version 10.0 or newer,

  • turned on Java Script support as well as cookie support (usually in browsers switched on by default),

  • an active email address,

  1. The Shop sends emails to the Customers who are Consumers, as described in these Terms and Conditions, which constitute digital content in the meaning of the regulations of the Consumer Rights Act, solely for the purpose of correct realisation of the Shop’s services.

 

  1. PROCESSING OF CUSTOMER DATA

  1. Customer data submitted by Users in places destined for that purpose will be processed by the Seller who acts as their administrator according to the regulations of the law and privacy policy available at the Shop’s internet site optique.pl/Polityka-prywatnosci-cabout-pl-146.html

 

  1. COMPLAINTS AND GUARANTEE

 

  1. Each item purchased from the Shop is issued with the producer’s, importer’s, or Seller’s guarantee, which is valid in Poland or EU. All information pertaining to the guarantor, guarantee period, guarantor’s responsibility conditions is indicated in a written guarantee document attached to the merchandise as well as in the content of the description of the merchandise on the Shop’s website.

  2. Due to the said guarantee the Customer may demand a free of charge repair or exchange of the purchased goods for goods free of defects.

  3. In case of a Customer who is not deemed a Consumer, the Shop’s liability under warranty is excluded based on Art. 558 § 1 of the Civil Code.

  4. In case of noticing incompatibility between the merchandise and the purchasing agreement, the Customer who is a Consumer has the right to submit a complaint with the Shop. This right is valid within 2 (two) years from the date of delivery of the merchandise, provided that the Shop is notified of such incompatibility within 1 year from its detection. In this case the Consumer should send the goods to the Seller’s address. The goods need to be supplemented with the purchasing document and the Seller needs to be presented with the Consumer’s identification data, reasons for the complaint as well as the manner of handling of the complaint in which the Consumer is interested. For that purpose one needs to use the ready-made complaint form which is available for downloading in the tab complaints on the Shop’s website.

  5. In case of detecting a defect of the purchased goods, in order to initiate the complaint procedure, the Customer should contact the Shop at email address info@optique.pl immediately after detecting the defect and act according to the provisions of the Terms and Conditions as well as the instructions given by the Seller in the section COMPLAINTS to which he or she will have access after logging in to the Customer Account.

  6. The Seller is not responsible for defects resulting from normal use of the merchandise (product), its part or material from which it was made.

  7. The Customer has the obligation to check the goods for compatibility with the order and for possible defects that may occur during transportation. In case when the merchandise is incompatible with the order, incomplete or defective, the Customer should refuse to accept it and at the same time he or she should draw up a complaint protocol. As a part of the delivery contract (according to the regulations of the Act of 15th November 1984 the Transportation Law, Journal of Law from 1984, No 53, pos. 272 with changes), drawing up a complaint constitutes a basis for processing Customer’s complaint, as for damages occurring during delivery transportation. Such protocol should include a detailed description of the damage or discovered shortcomings, identification of the delivery agent, number of the order as well as the date and time of delivery of the goods.

  8. The Customer who is not a Consumer is obligated to notify the Shop of discovered defects of merchandise within 24 hours. After delivering the faulty goods to the Shop and confirming validity of the refusal of accepting of the merchandise by the Customer, the Shop processes the complaint according to the procedure.

  9. The defective goods being subject to a complaint should be sent back to the Shop’s address, i.e. Glaser Group Sp. z o.o., Plac Trzech Krzyży 18, 00-499 Warszawa (POLSKA). The goods need to be supplemented with the purchasing document.

  10. The Seller will not accept goods subject to complaints sent by Customers with cash on delivery method.

  11. Complaints are processed within 14 days from the day of delivery of the damaged goods to the Seller. The goods returned due to filing a complaint should be clean, otherwise the Seller is entitled to charge a fee for cleaning the goods according to the service pricelist. The Seller’s confirmation of accepting the goods to be processed due to filing a complaint by the Customer is a written confirmation of such acceptance by the Seller or a confirmation of reception of delivery by the Seller.

  12. In case of recognising the complaint, the defective merchandise will be repaired or exchanged for another fully functioning one. If it is not possible (e.g. if the goods are out of stock) the Shop will return the equivalent of the price of the goods. Costs incurred with the returning of the goods subject to complaint (direct returning costs) are returned after positive processing of the Customer’s complaint. In the event of repairs requiring the use of a specialist manufacturer’s service the time of repair may be extended. Such repair time may be extended to maximum three months.

  13. After handling the complaint, the merchandise will be given to the Customer or to the person who is authorised by the Customer to receive it, or it will be sent back to the Customer’s address. Failing to pick up the merchandise from a stationary shop, in case of Customer’s declaration to personally pick up the merchandise subject to complaint, or returning the parcel with the merchandise back to the Seller, due to failing to pick it up by the Customer within six months from the date of processing of the complaint, according to the Art. 180 of the Civil Code, in connection to the Art. 60 of the Civil Code, the Seller will understand this as an act of will on the Customer’s part to get rid of the merchandise, which results in deeming the merchandise as abandoned.

  14. The Seller is not obligated to use out-of-court consumer settlements in the meaning of the Act of 23 September 2016 about out-of-court consumer settlements (Journal of Law, pos. 1823). The Seller is not subject to jurisdiction of any authorised entity in the meaning of the above-mentioned act.

  15. The Seller declares that he refuses to participate in the out-of-court proceedings for consumer dispute settlements in the meaning of the Act of 23 September 2016 about the out-of-court consumer dispute settlements (Journal of Law, pos. 1823).

 

  1. THE RIGHT TO WITHDRAW FROM THE AGREEMENT

  1. The Customer is entitled to submit a declaration of withdrawal from the remotely concluded agreement at any moment before the Seller accepts his or her offer, i.e. during its placement. In such case the agreement is considered not concluded.

  2. The Customer proceeding with purchases in the Shop, who entered into a remotely concluded agreement may withdraw from it without stating any reasons, by submitting a corresponding declaration within fourteen days (14 days). The period of withdrawing from the agreement expires after fourteen days (14 days) from the day when he or she came into possession the goods or when a third party, other than the delivery agent and one that was pointed out by the Customer, came into possession of the goods. In order to keep this term, it is enough to send the declaration before its expiry. The specimen of the form of such declaration of withdrawal from the agreement is available on the website. To keep the period sending such declaration before the term’s expiry is enough.

  3. The Customer may use one of the following ways to withdraw from the agreement:

  1. sending a written declaration of the withdrawal from the agreement to the following mailing address: Glaser Group Sp. z o.o., Plac Trzech Krzyży 18, 00-499 Warszawa (POLSKA),

  2. sending a withdrawal from the agreement to the email address: info@optique.pl.

 

  1. The Shop sends the Customer a confirmation of reception of a declaration of withdrawal from the agreement immediately after its reception.

  2. The Seller returns all payments made by the Customer (including the costs of delivery/shipping to the Customer) within fourteen days (14 days) from reception of the declaration of withdrawal from the agreement. Direct costs of return of merchandise are borne by the Customer.

  3. In case when the Customer selected a means of delivery of goods which is different from a standard one, the Seller is not obligated to return the extra costs incurred in this way, which exceed direct costs of return of the goods.

  4. The Seller carries out the return of the payment with the use of the same method of payment which was used by the Customer, unless the Customer expressly agrees for the use of another method for returning of the monies, one that does not incur for him or her any additional costs.

  5. The Seller may suspend the return of payments received from the Customer until the moment of receiving the returned goods or until delivery of the proof of sending the goods back, depending on which event takes place earlier.

  6. The Customer is obligated to return the goods back to the Seller immediately, however not later than fourteen days (14 days) from the day in which he or she withdrew from the agreement and send it to the following address: Glaser Group Sp. z o.o., Plac Trzech Krzyży 18, 00-499 Warszawa (POLSKA). To keep this term, it is enough to send the goods before its expiry.

  7. The Customer carries the responsibility for decreasing the value of the merchandise resulting from its use in a manner exceeding a bare minimum required to asses the character, features and functionality of the goods.

  8. The Seller does not accept parcels with the goods subject to complaints sent by cash on delivery method.

  9. Customer’s right to withdraw from the agreement does not apply in case when:

  1. the object of business is an item quickly degrading or with a short expiration date;

  2. the object of business is an item delivered in a sealed package which when opened cannot be returned due to health protection or hygienic reasons, if the container was opened after it had been delivered;

  3. the object of business are items which due to their character are inseparably connected with other items;

  4. the object of business are audio or video recordings, or computer software delivered in sealed packaging, when the container was opened after delivery;

  5. the product is a digital content which is not saved on a material carrier, if fulfilling of the business was initiated on a direct agreement of the Consumer before the period of withdrawal from the agreement and after being notified by the entrepreneur of losing the right to withdraw from the agreement.

  1. Clarifications pertaining to Customer’s right to withdraw from the agreement:

  1. You have the right to withdraw from this agreement within 14 days without giving any reasons.

  2. The period of withdrawing from the agreement expires after 14 days from the day when you came into possession of the goods or a third party appointed by you, other than the delivery agent, came into possession of the goods (delivery date).

  3. To use your right to withdraw from the agreement you must notify Glaser Group Sp. z o.o., Plac Trzech Krzyży 18, 00-499 Warszawa (POLSKA), email: info@optique.pl about your decision of withdrawing from the contract by way of an unequivocal declaration of your will (e.g. a letter sent by post or by email).

  4. In order to place a declaration of will of withdrawing from the agreement you can use the sample declaration of withdrawal available on the Shop website, however it is not necessary to use this form. You can also fill in and send the withdrawal form by electronic mail to the address info@optique.pl. If you use this option, we will send you a confirmation of reception of information of your withdrawal immediately; in case when the declaration of withdrawal is send electronically – it will be sent to the sender’s address; in other cases it will be sent in writing to your address.

  5. To keep the period of withdrawal from the agreement it is enough if you send information pertaining to executing your right to withdraw from agreement before the expiry date of the period of withdrawal from agreement.

  6. We turn your attention to the fact that according to the Art. 38 of the Act of 30 May 2014 on the Consumer’s Rights, due to health protection and for hygienic reasons the right to withdraw from the agreement will not apply in case of opening a sealed packaging of contact lenses or liquids.

14. Clarifications pertaining to the effects of the Customer’s right to withdraw from agreement:

  1. In case of withdrawing from this agreement we immediately return to you all payments received from you, including delivery costs of the goods; in each case not later than 14 days from the day when we were notified about execution of your right to withdraw from this agreement. We are going to return the payment with the use of the same method which was used by you in the original transaction. You are not charged any costs in connection to this return.

  2. The Seller may suspend the return of payments until the moment of receiving the returned goods or until we are provided with a proof of sending the goods back, depending on which event takes place earlier.

  3. Please send or deliver the item to us without any delay and in each instance not later than 14 days from the day when you informed us about the withdrawal from this agreement.

  4. This period is considered as kept if you send us the item before the expiry of the period of 14 days. You will have to cover the direct costs of return of the purchased items.

  5. You are responsible only for diminishing of the value of the items resulting from using them in a different manner than it was necessary in order to evaluate their character, features and functionality.

 

  1. RETURN OF RECEIVABLES TO CUSTOMERS

  1. Without prejudice to some provisions of the Consumer Rights Act in event of some circumstances obligating the Shop to return the receivables paid by the Customer to the Shop, such return takes place not later than within 14 days.

  2. If the Customer made the payment with a credit or debit card, or with an electronic money transfer, return of the receivables is carried out to the same card or bank account which was used for original payment (return of payment using the same method). In case of payment by a traditional money transfer, payment by cash on delivery or when for reasons independent of the Shop identification of the bank account used to complete transaction is impossible (no possibility to return the receivables with the same method of payment), the return will be made to the Customer’s Account in the Shop, of which the Customer will be notified by email, and next with a prior agreement from the Customer, and solely based on his or her decision it will be transferred to the Customer’s bank account. Such order is directed to the Shop via the Contact Form in the section covering bank account number. The Shop reserves the right to verify the identity of the Customer who places such order for return of the receivables in case when some doubts concerning Customer’s identity arise.

  3. The Shop does not bear any responsibility for the failure in completing the return or its delay if it is a result of providing incorrect personal data by the Customer (name, surname, address).

  4. In case when realsation of the order turns out to be impossible, the Shop informs the Customer of such situation by sending an email to the Customer’s address supplied during registration in the Shop. In case when the Customer paid for the order, the Shop will make a return of the paid resources to the bank account specified by the Customer according to the principles described in the section Return of Receivables to Customers.

  5. The Shop does not bear any responsibility for failure in the delivery of the email with information referring to realisation of orders if the above is brought about by causes on Customers part.

  6. In case of cancellation of the order (withdrawal from agreement) already paid for by the Customer, the Shop will pay the money back to the bank account specified by the Customer, according to the rules described in the section Return of Receivables to Customers.

 

  1. FINAL RESOLUTIONS

  1. The sales agreement is concluded by the Customer and the Seller.

  2. Goods which are presented on the Shop’s webpages do not constitute an offer in the meaning of the Civil Code.

  3. The Seller does not bear responsibility towards third parties for defects, especially, the indirect ones or secondary ones occurring during the usage of the purchased goods (products).

  4. Responsibility for the defects caused by incorrect functioning of the goods (products) used according to the user manual is limited to the provisions of the guarantee described by the manufacturer, importer, distributor or some other entity issuing the guarantee.

  5. The Seller does not bear any responsibility for email servers being blocked by their administrators, for sending messages to an email address specified by the Customer as well as for removing and blocking email messages by software installed on the computer used by the Customer.

  6. The Seller does not bear responsibility for errors in handling Customer’s orders or in their other requests occurring as a result of providing incorrect data by the Customer.

  7. All photos and trademarks used by the Shop are used solely to inform about the goods (products) and they remain the property of persons who own their copyrights.

  8. The Customer is obligated to refrain from any activity which might negatively impact correct functioning of the Shop, especially intervening in its content and its technical elements, including supplying content of illegal character.

  9. The Seller does not bear responsibility for interferences and breaks in functioning of the Shop whose cause is the act of God, unlawful activity of third parties or as an effect of incompatibility of the Shop with Customer’s technical infrastructure.

  10. The Seller reserves the right to introduce changes to these Terms and Conditions. Any change in the Terms and Conditions enters into force at the moment of publishing in the Shop’s website, unless another date of entry info force is expressly stated. Orders placed before the date of introducing of changes to the Terms and Conditions will be processed based on the provisions of the Terms and Conditions in force at the day of placing of an order by the Customer.

  11. The Terms and Conditions are available on the Shop’s website in the form that allows them to be saved in Customer’s computer systems. The content of the Terms and Conditions may be saved by the Customer by printing, saving it on an electronic medium or downloading it at any moment from the Shop’s website where it is found at the address: www.optique.pl

  12. The content of agreement between the Seller and the Customer constitutes the content of the order placed by the Customer, which is complemented by the provisions of the Terms and Conditions.

  13. Polish Law will be considered to be the appropriate legal system for the agreement entered into by the Customer and the Seller, whose object are the services provided by the Seller or the sale of goods based on conditions stipulated in the Terms and Conditions. All disputes resulting from services offered by the Seller will be handled by the relevant Polish Courts. The user who is also a Consumer has the possibility to use the out-of-court manner of settling of possible disputes, complaints and pursuing their claims before the Permanent Consumer Arbitration Court at the Provincial Inspector of the Commercial Inspection in Warsaw. Information on the manner of accessing the above-mentioned manner and the procedures of settling disputes are found at the following address: http://www.uokik.gov.pl, in the tab „Rozstrzyganie sporów konsumenckich”. The User being a Consumer has also the possibility to use the EU internet platform ODR available at the website address: http://ec.europa.eu/consumers/odr/.

  14. In all matters unsettled by these Terms and Conditions other regulations of the Polish Law will apply and especially the Civil Code, Acts on Consumer Rights and the regulations of the Electronic Services Act.

  15. These Terms and Conditions are in effect since the day of their publishing on the Shop’s website, i.e. since 23.05.2018.

 

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