TERMS AND CONDITIONS OF THE ONLINE STORE
www.evolights.pl
These Terms and Conditions define the rules for service provision of the online store https://evolights.pl, in particular the conditions for concluding and terminating contracts (placing orders) as well as the procedure for complaint launching.
The owner of the online store evolights.pl and the administrator is: Music Express K&K Jędrzejczyk Spółka Jawna, with the registered office at Kuchary 48, 99-314 Krzyżanów, Kutno district, province of Lodz, registered in the National Court Register under number 0000724893, Taxpayer’s ID No.: 7772962814, Regon Statistical No.: 300506463, tel: +48 24 356 30 25, phone: +48 731 555 586, info@evolights.pl, hereinafter referred to as “Seller”.
The Seller offers sales of professional lighting products.
§1
Definitions
Terms used in the Terms and Conditions mean:
1. Buyer / User / Customer – means a natural person with full legal capacity, (legal person, not incapacitated), a natural person with limited legal capacity (a person who is 13 or partially incapacitated) acting with the prior consent of its statutory representative (e.g. a parent), a legal person, an organisational unit that is not a legal person, to whom the law grants legal capacity that appropriately purchases or intends to purchase goods from the Store (the Buyer).
2. Consumer – means a natural person who performs a legal action not related directly to his/her business or professional activity.
3. User – means an entity using the online store for whom services are provided by the Seller.
4. My Account / User Account – an individual panel for each User launched on his/her behalf by the Seller, after the User has made Registration, under which the store provides services for Customers to facilitate the conclusion of a distance sale contract and contact with the store as well as to settle the contract and enable the User to plan purchases and to track of selected goods.
5. Cart – means an interactive form available on the website http://light4me.pl used to contact the Store and enable the Buyer to submit a purchase offer.
6. Contact details mean:
– in the case of natural persons: name, surname, permanent residence address, correspondence address – if different from the registered address, e-mail address, contact telephone number. If the service is requested for a business, the contact details of the natural person also include its company and tax identification number (NIP);
– in the case of legal persons or an organisational unit that is not a legal person, which the law gives the legal capacity: name, registered office, correspondence address, tax identification number (NIP), e-mail address, contact telephone number.
7. Terms and Conditions – following terms and conditions for the provision of electronic services as part of the online store http://light4me.pl.
8. Online Store (e-Store or Store) – Internet service available at https://evolights.pl via which the Customer may place orders.
9. Good / Products – the minimum and indivisible number of items that can be the subject of the order, and which is given in the Store https://evolights.pl as a unit of measure in determining its price (price / unit).
10. Delivery – type of transport service including specification of carrier and cost, listed in the tab: price lists and delivery times found at https://evolights.pl.
11. Sales Agreement – a contract for the sale of Goods or Services within the meaning of the Civil Code, concluded between the Seller and the Customer.
12. Order – Customer’s declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the goods.
13. Commercial information – information intended, directly or indirectly, to promote sold goods and services as part of the activities conducted by the Seller.
§2
General Provisions
1. These Terms and Conditions define the rules for using the e-Store available at https://evolights.pl
2. All rights to the online store, including proprietary copyrights, intellectual property rights to its name, Internet domain, Web Site, as well as to patterns, forms, logos and photos belong to the Seller, and their use may only take place in a specified manner and in accordance with the Terms and Conditions.
3. The Terms and Conditions shall specify in particular:
– the rules for registering and using the account as part of the Store;
– the terms and conditions for submitting orders via the online store;
– the principles of concluding the Sales Agreement for products using the services provided as part of the Store;
– technical requirements necessary to cooperate with the ICT system (personal computer, laptop, etc.) used by the Customer,
– complaint procedure.
4. Customers can get access to these Terms and Conditions at any time via the link found on the main page of the Store https://evolights.pl, download it and print it.
5. Confirmation of the essential provisions of the Sales Agreement concluded between the Seller and the Buyer takes place by sending the Buyer information to the e-mail address provided, as well as in traditional form by attaching a printout of the contract confirmation to the shipment containing the ordered products, possible documentation and a VAT invoice issued at the Buyer’s request.
6. The condition of using the services provided by the Store involves prior acquainting with the description of the service, terms, price list and all provisions of these Terms and Conditions made available on the Store’s website.
7. The offer presented on the e-Shop website as well as the descriptions of the goods are only commercial information, not an offer within the meaning of the Civil Code. The binding character – for the purposes of concluding a specific contract – is gained only upon confirmation of the order being accepted by the Seller.
§3
Technical Requirements and Cookies
1. In order to use the Store, the Customer should have access to a computer station or terminal device that has:
– Internet access;
– correctly configured web browser;
– an active and correctly configured e-mail account.
2. The e-Store allows you to order services using widely available software, in the form of web browsers that accept cookies, e.g.: FireFox browser version 3 or newer, Opera version 9 or newer, Chrome version 10 or later, Internet Explorer version 8 or newer and Safari.
3. The Store with the prior consent of the Buyer, User or their representative stores on their computer cookies which are necessary to conclude a distance sale contract and its implementation and to facilitate the User and the Buyer using the Store website by maintaining the session (by which re-entering the password is unnecessary) and creating statistics for subpages.
4. Files entered by the Store to the Buyer’s computer, User or their representative do not collect their personal data, do not affect the configuration of the operating system or software and can be removed at any time.
5. The service recipient may at any time delete the placed cookies or block the placement of cookies using the options available in his/her web browser.
§4
Placing Orders
- When placing any orders, the Buyer is obliged to provide correct contact and personal details.
2. If the information concerning the product is insufficient, we request to send an e-mail to: info@light4me.pl, for which we will provide an extensive answer.
3. The Buyer has the opportunity to see photos of the products and the descriptions placed next to them on the Store’s website before making the purchase.
4. To place an order the Buyer launches the Cart by clicking the command: “add to Cart” which is located next to the selected goods and then he/she determines the number of pieces of the purchased goods.
5. At its own discretion, the Buyer may add another product to the Cart by selecting it from the list of goods. The Customer can delete the selected goods by clicking on the red cross next to the product in the Cart or open the panel payment and delivery (command “order”) where the method of delivery and form of payment are specified. In this panel the Buyer receives information about delivery costs and about the price and its components. To give correct shipping costs, select the appropriate country of shipment and update the Cart.
6. After clicking “order”, the Buyer is moved to the delivery address panel where in the appropriate boxes she/he gives contact details to enable the conclusion of the agreement and its implementation.
7. By selecting appropriate statements, the Buyer should also consent to the processing of his/her personal data by the Store for the purpose of conclusion and implementation of the Sales Agreement and tax purposes and agree to Store cookies on his/her computer.
8. The Buyer should also read these terms and conditions and accept them, the action of which he/she confirms by marking the appropriate statement.
9. During placing the order – until the “Order with payment obligation” button is pressed, the Customer has the possibility to modify the entered data and select the goods. To do this, follow the instructions displayed to the Client and the information available on the website.
10. Each time before the order is sent to the Seller, the User is informed about the total price for the selected goods and delivery as well as all additional costs which he/she is obliged to incur in connection with the Sales Agreement.
11. Placing the order by the Customer means placing an offer to the Seller to conclude a sales (purchase) agreement for the ordered product.
12. After placing the order, if the Seller is able to execute the order to the Customer’s email address indicated in the Customer’s account, an electronic confirmation will be sent stating the Seller has received the order and it will provide summery of the order.
13. The summary of the order will be sent by e-mail to the address provided by the Customer and will contain information about:
– Store’s address details including the exact mailing address, e-mail address and telephone number;
– the unit and total price of all products;
– order price = total product price + agreement performance costs (including payment and delivery);
– the form of delivery – including the date on which the delivery will take place and if there are any restrictions on the delivery, e.g. weight or location;
– payment method;
– information about the right to withdraw from the contract without giving a reason within 14 days;
– information about the right to warranty.
14. When the Buyer receives information about the order acceptance by the Store, the Sales Agreement is concluded (distance contract).
15. The Sales Agreement is concluded in the language selected on the website by the client.
16. The Store allows you to purchase offered products via cart and e-mail 24 hours a day, 7 days a week. The Store allows technical breaks to happen that will exclude the Store from accepting and fulfilling Customer orders.
17. The Buyer can choose the form of confirmation of purchase, in the form of an electronic invoice, a paper invoice, a receipt.
§ 6
Prices and Payment Methods
1. The prices listed in the e-Store are given in Polish zlotys and include VAT.
2. After choosing a language other than Polish, the prices are converted into Euro. The exchange rate is taken from the previous day average exchange rate presented by the National Bank of Poland.
3. Product prices do not include delivery costs.
4. The binding price is the price of the goods presented on the website https://evolights.pl while placing the order by the User.
5. Information on the total value of the order is presented in the Cart after the Customer has selected the form and delivery address of the subject of the order and the payment method.
6. The Customer can choose the following payment methods:
– cash on delivery of goods (money collection);
– bank transfer sent to the company’s account (prepayment).
Company account number PLN BZ WBK S.A.: 14 1090 1199 0000 0001 0798 0251
Company account number EURO BZ WBK S.A.: PL95 1090 1304 0000 0001 1579 6206
SWIFT: WBKPPLPP
§ 7
Implementation of the Order and Delivery of the Goods
1. Orders are processed on working days from Monday to Friday.
2. Orders placed on non-working days are treated as made on the first working day following the day of placing the order.
3. The cost of shipping the order will be covered by the Buyer.
4. The costs and delivery times are listed in the price lists and delivery dates tabs.
5. If some of the products covered by the order are unavailable in the Music Express stock or there are other reasons preventing the order from being completed within the time specified in this order, the Customer is informed by email about the status of the order and decides he/she wants the order to be continued. The Customer has the following options:
– partial implementation – if the Customer selects this possibility the order will be executed for only available goods, whereas the Store is released from the obligation to carry out the order for inaccessible goods;
– cancellation of the whole order – if the Customer selects this possibility the Store will be released from the obligation to complete the order.
6. The Seller is responsible for the risk of accidental loss or damage to the product until the Consumer receives it.
7. At the moment of receipt the goods, the Buyer shall be passed over the ownership of the goods and all risks related to the possession and use of the product, in particular the risk of loss or damage.
§8
General Warranty Conditions
1. The warranty period for products purchased from Music Express K & K Jędrzejczyk Sp.j. lasts 24 months from the date of sale of the device. This period can be extended if it has been clearly stated by the manufacturer in the warranty card.
2. In the case of purchases for business activity, the warranty period for products purchased at Music Express K & K Jędrzejczyk Sp.j. is going to last 12 months.
3. The 24-month warranty does not cover spare parts and components.
4. Provided by Music Express K&K Jędrzejczyk Sp.j. (as a guarantor) the warranty does not exclude the possibility of the Buyer / Consumer seeking claims under the guarantee, regulated by the relevant provisions of the Civil Code – Legal basis: art. 558 § 1 of the Civil Code.
5. The Buyer is not limited in any way by Music Express K & K Jędrzejczyk Sp.j. in the matter of deciding whether and which form of complaint: warranty or guarantee will be used in the eventual investigation of its claims.
6. The warranty does not cover all kinds of accidental or deliberate damage, as well as damage caused by careless and improper use (flooding, contaminated devices).
A detailed description of the guarantee conditions can be found under the link –> CLICK
Service document / complaints.pdf
§ 9
Complaints Regarding Guarantee
1. The seller is responsible for defects of the product under applicable law. In the case of sales that are not consumer sales, the provisions on guarantee are excluded.
2. The right to the guarantee applies only to B2C Consumers – individual customers.
3. In the event of defects or non-compliance of the goods with the offer, the Consumer has the right to complain about the goods by notifying the Seller and submitting a declaration of intent in any form, in particular:
– by e-mail to the following e-mail address: info@evolights.pl;
– written mail to the Seller’s address: Music Express, Kuchary 48, 99-314 Krzyżanów.
4. Within 14 calendar days the Seller will respond to the Customer’s complaint and inform him/her about the way of proceeding.
5. When submitting a complaint, the Consumer may request the Seller to remove the defect, exchange the purchased product for the one free from defects or withdraw from the contract.
6. The Consumer also has the right to demand a price reduction, unless the Seller immediately and without excessive inconvenience will remove the defect or replace the faulty product for the one free from defects.
7. If the defect is considered to be significant or if the Consumer submits another complaint of the product previously repaired or exchanged, the Consumer has the right to withdraw from the concluded agreement.
8. The Consumer cannot withdraw from the agreement if the defect is irrelevant.
9. A complaint should contain the following data:
– first name and last name;
– mailing address, as well as e-mail address and telephone number;
– the subject of the complaint (product name, pattern, size);
– the reason for the complaint;
– claim to investigate the complaint;
– signature (handwritten signature in the case of a complaint filed by post).
10. The Seller is liable for physical or legal defects of the goods sold only if defects are found before the expiry of two years from the date of receipt of the goods by the Consumer.
11. The Seller shall inform the Consumer about the result of the complaint to the e-mail address indicated in the complaint application, and in the case of mail correspondence – to the address indicated by the Consumer.
12. If processing a justified complaint involves sending a new product to the Consumer or removing the fault, the Seller shall bear the costs of the goods delivery, i.e. sending back the faulty goods by the Consumer to the Seller, as well as re-sending the proper goods by the Seller to the Consumer.
13. The Consumer also has the option of using out-of-court complaint and claim procedure such as: Mediation at provincial inspectorates of the Trade Inspection, Permanent Consumer Arbitration Courts, Consumer Ombudsmen, Non-governmental Organisations.
§10
The Right to Withdraw from the Sales Agreement
- The right to withdraw from the contract applies only to B2C Consumers – individual Customers.
2. In the case of the conclusion of a Sales Agreement concluded as a company / entrepreneur, the Consumer is not entitled to the right to withdraw from a distance contract within 14-day refund. (Consumer Rights Act of 30 May 2014, Journal of Laws of 24 June 2014, item 827, enabling the withdrawal from a distance contract is a Consumer law regulating relations between an entrepreneur and a Consumer who is a natural person conducting a legal transaction with an entrepreneur. The right to withdraw from the Agreement is granted to the Consumer when he / she has carried out a legal transaction with the entrepreneur, for example outside the business premises. Pursuant to Article 22 with Index 1 of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121) a Consumer is a natural person who performs a legal action with the entrepreneur not directly related to his/her business or professional activity.
3. The right to refund for Customers buying on a B2B basis is considered individually by the Music Express complaint department. Contact: info@evolights.pl.
4. The B2C Consumer has the right to withdraw from the Sales Agreement within 14 days without giving any reason.
5. In the event of withdrawal from a distance contract, the Agreement is considered null and void.
6. The deadline to withdraw from the Sales Agreement expires after 14 days from the date on which the Consumer came into possession of the good or from the date of receipt by the Consumer of the last part of the order – if the order is realised in parts.
7. To meet the deadline, it is enough to notify the Seller in verbal, written or other form chosen by the Consumer about submitting a statement of withdrawal before the time expires.
8. The Consumer may use the following form of the withdrawal from the Contract of Sale, however it is not obligatory.
Form withdrawal from the contract.pdf
9. If the Consumer uses the option of informing the Seller about the withdrawal from the Sales Agreement via e-mail or other electronic communication, the Seller will send to the Consumer promptly confirmation of receipt of information about the withdrawal from the Sales Agreement on a durable medium (for example by e-mail).
10. Not later than within 14 days from the date of submitting the statement of withdrawal from the Agreement or together with this statement, the Consumer shall provide or send to the address of the Store purchased goods in an unaltered state, unless a change was necessary within the limits of ordinary management.
11. The Consumer due to his/her right to withdraw from the Agreement do not bear any costs except for the direct costs of sending the goods back to the Store.
12. The Seller shall immediately return the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer expressly agreed to a different solution; in any case the Consumer will not incur any fees in connection with the return.
13. Within 14 days from the date of receipt by the Seller of the Consumer’s statement of withdrawal from the Agreement, the Seller is obliged to return to the Consumer all payments made by him/her, including the costs of delivering the item. The above does not apply to the cost of sending the goods back to the Store.
14. If the Seller has not offered to collect the goods from the Consumer himself/herself, he/she may withhold the reimbursement of payments received from the Consumer until he/she receives the items back or the Consumer provides proof of return, depending on which event occurs first.
15. The right to withdraw from the Agreement is not granted if the Seller:
– provides non-prefabricated items, manufactured according to the specifications presented by the Consumer or goods meeting his/her individual needs;
– offers the object of the service which is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
– offers object of the service which are things that after delivery, due to their nature, are inseparably connected with other things;
– provides spare parts and components.
§11
Privacy Protection
1. The administrator of your personal data is Music Express Sp.j. with headquarters in Kuchary 48, 99-314 Krzyżanów (hereinafter “Music Express” or “ME”) – the owner of an online store available at www.musicexpress.pl (hereinafter referred to as “musicexpress.pl”) and a stationary store in Kuchary 48,
99-314 Krzyżanów.
2. To contact us, write to the following e-mail address: MusicExpress Sp.j., Kuchary 48, 99-14 Krzyżanów, or select the electronic form by sending a message to the e-mail address: rodo@musicexpress.pl.
3. Your personal data we have received from you during opening your account, as well as later, in connection with transactions made by you through the internet platforms www.musicexpress.pl, www.light4me.pl, www.evolights.pl, www.allegro.pl, www.ceneo.pl and at the time of receiving the telephone order or while making a stationary purchase.
4. The processing of personal data is necessary for the performance of the Agreement concluded with you, including:
– enabling the provision of services electronically and operating in full the store platform www.musicexpress.pl, www.light4me.pl, www.evolights.pl, www.allegro.pl, www.ceneo.pl, including making transactions and payments and solving technical problems;
– handling complaints applications;
– contacting you for the purposes of finalising the purchase or Sales Agreement or other purposes related to transactions made or currently performed;
– processing of data required by law for accounting and settlement purposes.
5. We also process your personal data for the purposes set out below, based on the legitimate interest of Music Express, which is:
– contacting for purposes related to marketing activities through communication channels used at MusicExpress, in particular telephone, e-mails and instant messengers;
– organisation of promotional campaigns in which you can take part;
– debt collection;
– keeping statistics.
6. If you agree, we will process your personal information in order to:
– save data in cookie files, collect data from websites and mobile applications;
– organise competitions and promotional campaigns.
7. Consent to the processing of personal data may be withdrawn at any time, in the same way as it was expressed. The personal data collected by us will be processed and stored indefinitely until consent to processing has been withdrawn.
8. We require personal data to be able to conclude and execute the Agreement with the Client and thus provide the service. If for some reason you do not provide this personal data, we will not be able to enter into a purchase / sales agreement and as a consequence you will not be able to use the services of Music Express.
9. We guarantee meeting all obligations resulting from the general data protection regulation, i.e. the right to access, rectify and delete your data, to limit it processing, the right to transfer it, not to be subject to automated decision making, including profiling, and the right to object to the processing of your personal data.
10. The Music Express company stores personal data for the duration of the Agreement concluded with you and after its completion for the purposes of:
– pursuing claims in connection with the performance of the contract;
– statistics;
– marketing purposes unless you decide to oppose such processing.
11. We keep the data for an indefinite period and permanently until the consent granted for this purpose is withdrawn.
12. In the case of organisation of loyalty programs, competitions and promotional campaigns in which you can participate, we will process your data for the duration and the period necessary to complete their duration.
13. In order to ensure accountability, i.e. to prove compliance with the provisions on the processing of personal data, we will store data for a period in which we are obliged to maintain data or documents containing them to be able to prove that we fulfil legal requirements and to be able to go through control of their fulfilment by public authorities.
§12
Customer’s Obligations and Protection of Intellectual Property
1. The Customer is obliged in particular to:
– use the e-Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices;
– refrain from taking actions such as sending unsolicited commercial information (spam) to the e-Store;
– use the e-Store in a way that is not inconvenient for other Clients and for the Seller;
– use all content contained in the e-Store only for personal use;
– use the e-Store in accordance with the provisions of Polish law, the provisions of the Terms and Conditions and the general rules of using the Internet.
2. It is forbidden to use any materials published on the e-Store website (including photos and descriptions of the goods) without the Seller’s written consent.
§ 13
Entry into Force and Amendments to the Terms and Conditions
1. Regulations come into force on the day of publication on the e-Store website.
2. In the event of a dispute arising out of a contract for the provision of electronic services, the parties will seek to resolve the matter through arbitration. The law applicable to the resolution of any disputes arising from these Regulations is the Polish law.
Attachments for download:
– Download Terms and Conditions of the online store: www.evolights.pl
– Download the form of withdrawal from the agreement
– Download Service document / complaint
We wish you successful shopping!
Adress and Headquarters:
Music Express K&K Jędrzejczyk Sp.j.
Kuchary 48, 99-314 Krzyzanow
Tel.: +48 24 356 30 25
E-mail: info@evolights.pl