2. GENERAL PROVISIONS
3. PROVISION OF ELECTRONIC SERVICES
4. CONDITIONS FOR SALE CONTRACT
7. RIGHT TO WITHDRAW FROM THE CONTRACT
8. HANDLING CLAIMS
9. PERSONAL DATA
10. FINAL PROVISIONS
1. THE DEFINITIONS used in these Terms and Conditions have the following meanings:
1.1. PASSWORD - a string of alphanumeric characters necessary for authentication while accessing the Account. It is set independently by the Customer during the Sign-up process.
1.2. CUSTOMER - a natural person acting in full legal capacity, and in cases provided for by the law, also in limited legal capacity; a legal entity or an organizational unit without a legal personality, granted legal capacity by respective legislation, who or which intends to conclude or concludes a Sale Contract or a Contract for Electronic Services.
1.3. CIVIL CODE - the Civil Code act of April 23rd 1964. (Journal of Laws No. 16, item 93 as amended).
1.4. CONSUMER - a natural person for whom concluding the Sale Contract or Contract for Electronic Services is not directly related to their business or professional activity.
1.5. ACCOUNT (CUSTOMER ACCOUNT) - a subpage of the Online Store, which, among other things, gathers information about the Customer's Orders in the Online Store.
1.6. PRODUCT - a movable good available in the Online Store which is the object of Sale Contract between the Customer and the Seller.
1.7. TERMS AND CONDITIONS - these Terms and Conditions of the Online Store.
1.8. SING-UP - a one-time action of creating the Account by the Customer, effected using the registration form made available by the Service Provider on the webpage of the Online Store.
1.9. ONLINE STORE (STORE) - an online store of the Service Provider available at the web address of www.eyetoeye.pl within which the Customer may conclude a Sale Contract or Contract for Electronic Services.
1.10. SELLER - Bazyli Kubacki who transacts business under the trading name of Bazyli Kubacki Eyetoeye.pl (business address: ul. Powstańców Wielkopolskich 53/55; 70-130 Szczecin) entered into the Central Registration and Information on Business of the Republic of Poland (CEIDG) ran by the minister relevant for the economy, NIP tax identification number 9552183196, REGON statistical number 321499962, e-mail address: email@example.com, phone number: 530011412 (regular charges apply).
1.11. PARTY - the Service Provider, Seller or Customer.
1.12. SALE CONTRACT (CONTRACT) - an agreement for the sale of the Product as understood by the Civil Code, concluded through the Online Store.
1.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider through the Online Store.
1.14. SERVICE PROVIDER - Bazyli Kubacki who transacts business under the trading name of Bazyli Kubacki Eyetoeye.pl (business address: ul. Powstańców Wielkopolskich 53/55; 70-130 Szczecin) entered into the Central Registration and Information on Business of the Republic of Poland (CEIDG) ran by the minister relevant for the economy, NIP tax identification number 9552183196, REGON statistical number 321499962, e-mail address: firstname.lastname@example.org, phone number: 530011412 (regular charges apply).
1.15. ORDER - a declaration of intent made by the Customer directly aimed at the conclusion of the Sale Contract and specifying its significant terms and conditions.
2. GENERAL PROVISIONS
2.1. The provisions of these Terms and Conditions are not intended to restrict or waive any of the Customer's rights, who is also a Consumer, to which they are entitled by virtue of unconditionally binding provisions of the law. Should there be any discrepancy between the provisions of these Terms and Conditions and the provisions of the law, the latter will prevail.
2.2. Terms and conditions lay out the conditions of using the Online Store by the Customers.
2.3. The present terms and Conditions are the terms and conditions as mentioned in article 8 of the Act on Electronic Services of July 18th 2002 (Journal of Laws of 2002 No. 144, item 1204 as ammended), and they regulate the conditions of concluding Sale Contracts in the Online Store.
2.4. The Online Store is run by:
Name: Bazyli Kubacki Eyetoeye.pl
Business address: Ul. Powstańców Wielkopolskich 53/55, 70-130 Szczecin. The authority which registered the entrepreneur's business is the Central Register and Information on Business (CEIDG) of the Republic of Poland, held by the minister relevant for the business issues. The NIP tax identification number: 9552183196, REGON (statistical number): 321499962, e-mail address:email@example.com
Website address: www.eyetoeye.pl
Telephone number: 530011412
2.5. Using the Online Store, the service provider renders the following electronic services:
2.5.1. Customer's Account in the Online Store.
2.5.2. An interactive form making it possible for the Customers to place an Order in the Online Store.
2.6. Minimal technical requirements necessary for the communication with the ICT systems used by the Service Provider:
2.6.1. A computer with internet access.
2.6.2. Access to e-mail.
2.6.3. Recommended screen resolution: 1024x768 pixels.
2.7. The Customer is not allowed to submit content of illegal nature.
2.8. The Customer is obliged to enter data in accordance with the actual state of matters.
2.9. The Customer is obliged to use the Online Store in a manner that conforms to the law and the good practices, with due regard for the personal interests and intellectual ownership titles of third persons.
2.10. In order to ensure safety of the communications, the Service Provider will undertake technical and organizational measures appropriate to the degree of threat to the safety of the electronic service.
3. PROVISION OF ELECTRONIC SERVICES
3.1. Within the Online Store, the Service Provider undertakes to render Electronic Services in the scope and on the conditions laid out in the present Terms and Conditions.
3.2. The provision of the Electronic Services by the Service Provider is free of charge.
3.3. Terms and Conditions of conclusion of Contracts for Electronic Services
3.3.1. The Contract for Provision of Electronic Services of maintaining the Customer's Account in the Online Store is concluded at the moment of Sign-up.
126.96.36.199. To effect the Registration, it is necessary for the Customer to provide in the registration form the following data: name and surname, address (street name, house number, town with the postal code), e-mail address, telephone number and password.
3.3.2. The Contract for provision of Electronic Services of maintaining the interactive form making it possible to place orders in the Online Store is concluded at the moment of starting to use that service (adding a product to shopping cart).
3.4. The Contract for Provision of Electronic Services of maintaining the Customer's Account in the Online Store is concluded for an indefinite period.
3.5. Contract for Electronic Services of making available the interactive form for placing the Order in the Online Service is concluded for definite period and is terminated when placing the Order.
3.6. Terms and Conditions of conclusion of Contracts for Electronic Services:
3.6.1. The Customer may terminate the contract for electronic service concluded for an indefinite period at any time and without indicating the reason for doing so, with 7-day period of notice.
3.6.2. The Service Provider may terminate the contract for electronic services concluded for an indefinite period if the User gravely or notoriously violates the Terms and Conditions, in particular by submitting illegal content. Such a violation must be of objective and illegal nature. The termination may be effected after a minimum of one ineffective appeal to cease and desist or to remove the violations within a specified deadline. In such a case, the violation is effected with 14-day period of notice.
3.6.3. The termination of contract for electronic services concluded for an indefinite period by either Party does not infringe on the rights or benefits acquired by Parties while the contract was in effect.
3.6.4. Regardless of the provisions above, the Parties may terminate the contract for electronic services at any time by agreement.
4. CONDITIONS FOR SALE CONTRACT
4.1. The announcements, adverts, pricelists and other information about the Products made available on the webpages of the Online Service, and in particular their descriptions, technical specification and parameters and prices constitute an invitation to conclude the contract as understood by article 71 of the Civil Code.
4.2. The price of the Product displayed on the webpage of the Online Service is quoted in PLN and contains all components, including VAT and duties. The Product prices, however, do not include the costs of shipping, which - if present - are indicated during the ordering process and are available on a webpage of the Online Service in the tab entitled "Shipping Costs" at the address www.eyetoeye.pl/koszty-dostawy
4.3. The price of the Product displayed in the Online Service is binding upon placing the Order by the Customer. This price is not subject to change, regardless of the price changes in the Online Service which may occur with regard to individual products after the Customer has placed the Order.
4.4. To conclude the Contract of Product Sale via the interactive form, it is necessary to visit the Online Service website, select a Product and place the order on the interactive form basing on the messages and information displayed.
4.4.1. While placing the Order, it is necessary to submit the data required for correct processing of the Order: name and surname, address (street name, house number, town with postal code), contact phone number, Product, quantity, place and mode of delivery, mode of payment.
4.5. The Order is successfully placed upon clicking the "Order" field on the interactive form.
4.6. After placing the Order, the Seller immediately (1) confirms reception thereof, which makes the Customer's declaration of intent binding and (2) accepts the Order for processing - at this time the Sale Contract is concluded. The confirmation of reception of the Order and accepting it for processing is effected by sending the Customer an appropriate message to the email address submitted by the Customer while placing the Order.
4.7. In the process of placing the Order via the interactive form - until the "Order" button is clicked - the Customer has the possibility of free modification of the submitted data. To do it, please follow the messages and information shown on the website of the Online Service.
5.1. After concluding the Sale Contract, the delivery of the product will be carried out no later than within 14 calendar days from the day of placing the order.
5.2. The Seller will deliver the Products in accordance to the choice of the Customer.
5.2.1. Customer's personal pick-up.
5.2.2. Via postal service delivery or another operator indicated when placing the Order.
5.3. The delivery of the Product is available on the territory of the Republic of Poland.
5.4. The shipping costs will be clearly communicated during the ordering process and are available on the webpage of the Online Service in the tab entitled "Shipping Costs" at www.eyetoeye.pl/koszty-dostawy
6.1. The Seller accepts the following methods of payment:
6.1.1. Cash on delivery;
6.1.2. Bank transfer (bank account data of the Seller are stated on the Store webpage and in the message sent to the Customer after placing the Order).
6.1.3. Electronic payments.
6.2. When choosing a method of payment other than Cash on delivery, the Customer is obliged to make the payment of the price resulting from the Sale Contract within 7 days of its conclusion, unless the Contract states otherwise.
6.3. For Customers who are not Consumers, the Seller reserve the right to limit the availability of payment methods, and also to require an advance payment to be made in full or in part.
7. RIGHT TO WITHDRAW FROM THE CONTRACT
7.1. The Customer who is also a Consumer, who concluded the Contract for Sale or for Electronic Services, may withdraw from the contract without stating the reason for doing so within fourteen days by making an appropriate statement in writing. The deadline is met if the statement is sent before its expiration. The right stated above may be exercised by the Customer by sending a statement of withdrawal from contract to the following address: ul. Powstańców Wielkopolskich 53/55, 70-130 Szczecin.
7.2. The deadline of fourteen days for withdrawing from the Contract of sale or for Electronic Services is counted from the day of delivering the Product - for the Contract of Sale, and from the day of conclusion of the contract - for the Contract for Electronic Services.
7.3. After withdrawing, the Sale Contract or Contract for electronic services is considered unconcluded and the Customer is free of all obligations. The mutual benefits of the Parties are returned with no change, unless the change was necessary due to ordinary management. The return should be effected promptly, no later than within fourteen days. All the costs of the return are to be met by the Customer.
7.4. The Seller will make the return to the bank account indicated by the Customer or in another way the Customer indicates.
8. HANDLING CLAIMS
8.1. Claims for nonconformity of goods with the contract
8.1.1. The Seller has the responsibility to the Customer who is a natural person purchasing the Product for purposes unrelated to business or professional activity for the nonconformity of Product with the Sale Contract in the scope designated, in particular, by the Act on Detailed Terms and Conditions of Consumer Sale of July 2002 and by the amendment to the Civil Code (Journal of Laws No. 141, item 1176 as amended).
8.1.2. The claims for nonconformity of Product with the Sale Contract may be filed in writing at the following address: ul. Powstańców Wielkopolskich 53/55, 70-130 Szczecin or via e-mail to the address: firstname.lastname@example.org
8.1.3. The Seller will take a stand regarding the claim without delay, but no later than within 14 days. The Seller's response to the claim will be sent to the address provided by the Customer or in another way indicated by the Customer.
8.1.4. The Seller hereby informs that for Products which are also covered by warranty, the rights resulting from it should be exercises in accordance with the conditions included in the warranty card. The warranty for a Product sold does not waive nor limits nor suspends the Customer's rights resulting from Seller's responsibility for the nonconformity of the Product with the Sale Contract in the scope laid down in the Act on Detailed Conditions of Consumer Sale of July 27th 2002 and in the amendment to the Civil Code (Journal of Laws No. 141, item 1176 as amended).
8.2. Claims related to the provision of the electronic Service and other claims related to the functioning of the Online Store
8.2.1. The claims related to the provision of electronic Services and other claims related to the functioning of the Online Store should be sent in writing to the address: ul. Powstańców Wielkopolskich 53/55, 70-130 Szczecin or via e-mail to the address: email@example.com 8.2.2. It is recommended to provide as much information as possible and describing detail the circumstances related to the claim regarding the type and date of nonconformity occurrence and the contact data - this will facilitate and speed up the handling of the claim by the Service provider.
8.2.3. The claim will be addressed by the Service provider without delay, but no later than within 14 days.
8.2.4. The Seller's response to the claim will be sent to the address provided by the Customer or in another way indicated by the Customer.
9. PERSONAL DATA
9.1. The Administrator of the personal data of the Customer gathered via the Online Store is: Bazyli Kubacki who transacts business under the trading name of Bazyli Kubacki Eyetoeye.pl (business address: ul. Powstańców Wielkopolskich 53/55; 70-130 Szczecin) entered into the Central Registration and Information on Business of the Republic of Poland (CEIDG) ran by the minister relevant for the economy, NIP tax identification number 9552183196, REGON statistical number 321499962, e-mail address: firstname.lastname@example.org.
9.2. The personal data of the Customer gathered via the Online Store are gathered with the intention to carry out the Sale Contract or the Contract for Electronic Services concluded with the Customer.
9.3. The Customer has the right to access their data and modify it.
9.4. Submitting the personal data by the Customer is voluntary, however, refusing to submit the data indicated in the Terms and Conditions which are necessary to conclude the Sale Contract of the Contract for Electronic Services results in refusal to conclude that contract.
10. MAINTENANCE AND TECHNICAL BREAKS
10.1. The Seller does not bear liability for inability to access the Store caused by factors of force majeure nature.
10.2. The Seller reserves the right to pause access to the Online Store in connection with the technical maintenance works or functionality improvements of the Store. At the same time, the Seller obliges himself to make every effort to conduct such breaks at nighttime and for as short a time as possible.
11. FINAL PROVISIONS
11.1. The Contracts concluded by the Online Store are concluded in the Polish language.
11.2. In matters, ungoverned by these Terms and Conditions, the provisions of the relevant law in force on the territory of the Republic of Poland will apply, including the Civil Code, Act on Provision of Electronic Services of July 18th 2002 (Journal of Laws No 1992 item. 1204 as amended); Act on Protection of Certain Consumer Rights and on Liability for Damages Caused by Dangerous Products of March 2nd 2000 (Journal of Laws No 22 item. 271 as amended); Act on Detailed Conditions of Consumer Sale and on the Amendment to the Civil Code of July 27th 2002 (Journal of Laws No 141 item. 1176 as amended). and other applicable provisions of the Polish law.
11.2.1. The choice of the Polish law does not deprave the Customer of the protection granted to him on the basis of the provision which cannot be waived by virtue of th3 Contract, and which would have been applicable had the Polish law not been chosen, i.e. the law of the country where the Consumer has the usual residence, and - for the entrepreneur - (1) the country where he transacts business or professional activity; or (2) the country, or countries, to which he directs such activity and the Contract lies within the scope of that activity.
11.3. Any planned modifications of the Terms and Conditions will be electronically communicated to the Customers with the Account to the email address no later than 14 days in advance. If the User does not consent to the changes, he may close the Account. If the Customer chooses not to close the Account, this means that he accepts the Terms and Conditions in the new version on the last day of the period mentioned in the previous sentence.
11.4. The Customers can access the Terms and Conditions at any time using a link on the home page of the Online Store as well as download and print it. The Terms and Conditions are available at: www.eyetoeye.po/regulamin and they are made available (electronically) free of charge at each request.
11.5. The Sale Contract or the Contract for Electronic Services being concluded with the Customer is recorded, secured and made available by providing the Terms and Conditions on the webpage indicated in point 11.4, by sending an e-mail message to the Customer, and for the Sale Contract - by attaching the proof of purchase to the shipment.
11.6. Any dispute between the Service Provider, Seller and Customer who is also a Consumer will be submitted to the locally and materially competent common courts. Any dispute between the Service Provider, Seller and Customer who is not a Consumer will be submitted to the common court with the jurisdiction over the seat of the Service provider or the Seller.