TERMS & CONDITIONS

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  • 22 January 2019
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  • 1. GENERAL CONDITIONS
  1. The Internet shop available at www. luxmetal.shop, www.luxmetal.pl and www.luxmetal.com.pl is run by „Lux Metal” Marek Florczyk with its registered office in Warsaw, 55 Bychowska Street 04-536 Warsaw, Poland, telephone: +48 501 337 483 e-mail: [email protected], VAT no. PL5221895357, REGON: 140695114 entered in the Central Register and Information on Business Activity kept by the minister in charge of economy.
  2. These Terms and Conditions apply to contracts concluded through the website www.luxmetal.shop, www.luxmetal.pl and www.luxmetal.com.pl
  3. Definitions:
    1. Online shop – the Seller’s online shop available at www.luxmetal.shop, www.luxmetal.pl and www.luxmetal.com.pl
    2. Regulations – these regulations of the Online Store, referred to in Article 8 of the Act of 18 July 2002 on electronic services (Journal of Laws 2002 No. 144, item 1204, as amended)
    3. Seller – „Lux Metal” Marek Florczyk with its registered office in Warsaw, 55 Bychowska Street 04-536 Warsaw, Poland, phone +48 501 337 483 e-mail: [email protected] , VAT no PL5221895357, REGON: 140695114 entered in the Central Register and Information on Business Activity kept by the minister in charge of economy
    4. Buyer – a natural person having full legal capacity, and in cases provided for by generally applicable regulations, also a natural person having limited legal capacity, a natural person running a business, a legal person or an organizational unit without legal personality, which uses services provided electronically by the Seller
    5. Working days – all weekdays from Monday to Saturday, excluding Sundays and public holidays
    6. Calendar days – all full days, including Sundays and public holidays,
    7. Order form – a form available in the Online Shop, enabling the Buyer to place an Order and its implementation,
    8. Order – a declaration of will of the Buyer, constituting an offer to conclude a Product sale agreement with the Seller
    9. Individual offer – an offer prepared at the individual request of the Buyer, which is sent to him by the Seller in the form of an e-mail to the indicated e-mail address. Acceptance of the Offer by the Buyer is tantamount to becoming acquainted with and accepting the Regulations of the Seller’s Online Store and thus concluding a Contract for the sale of the Product with the Seller,
    10. Sales contract – a contract of sale of the Product within the meaning of the Civil Code (Journal of Laws 1964, No. 16, item 93, as amended), concluded through the Internet Shop in Polish, English or German.
    11. Product – a movable item available in the Internet Shop, which is the subject of a sales contract between the Buyer and the Seller
    12. Basket – a virtual tool that allows the Buyer to aggregate selected Products before their purchase and convert their value. When selecting Products, the Buyer can freely manage the content of the cart by adding more Products to it or removing them from the cart
    13. Promotion – price discount for selected Products subject to a sales agreement between the Buyer and the Seller, strictly defined in time
    14. Proof of purchase – a fiscal receipt, invoice or other document confirming the purchase of the Product
    15. Force majeure – unforeseeable and preventable random events, in particular: sudden major industrial and technological breakdowns, suspension of energy supplies, limitations caused by war, strike, natural disaster or management of national and local government authorities preventing the implementation of the subject of the agreement, etc.
  4. Services provided electronically by the Seller consist in:
    1. enabling the conclusion of a Sales Agreement by filling in the Order Form
    2. enabling the conclusion of a Sales Agreement by sending an individual offer to the Buyer
  5. In order to place an order effectively in the online store www.luxmetal.shop, www.luxmetal.pl and www.luxmetal.com.pl, a computer with a processor min. 200MHz, 64MB RAM, a graphics card supporting 800×600 and 256 color resolutions and a web browser (Internet Explorer (version >= 6.0), Mozilla Firefox, Opera) as well as a keyboard or other pointing device, enabling correct completion of electronic forms.
  6. These Terms & Conditions are not intended to exclude or limit any rights of the Buyer who is also a consumer within the meaning of the Act of 23 April 1964 – Civil Code (Journal of Laws 1964 No. 16, item 93 as amended), to which he is entitled under the mandatory provisions of law. In case that Terms & Conditions are inconsistent with legislation mentioned above, these legislation shall take precedence.

  • 2. CONDITIONS FOR PLACING AN ORDER

  1. The Buyer is obliged to use the Online Shop in a manner consistent with applicable law, rules of social coexistence and good manners, taking into account respect for personal rights and intellectual property rights of third parties.
  2. The online shop sells in the European Economic Area and Switzerland.
  3. The Buyer may place an Order by filling in the Order Form available on the Store’s website.
  4. All Products available in the Online Shop are original, brand new (free from defects) and in accordance with applicable standards and requirements.
  5. The orders referred to in point 3 of this paragraph may be placed 7 days a week, 24 hours a day.
  6. In order to effectively place and execute the Order referred to in point 3 of this paragraph, it is necessary to add the Product to the Shopping Cart, fill in the Order Form available on the Store’s website and send it to the Online Store.
  7. Confirmation of submission and acceptance of the Order will be sent to the Buyer by the Seller in the form of an e-mail.
  8. The Sales Agreement shall be treated as concluded upon receipt by the Buyer of the e-mail message referred to in clause 7 of this paragraph.
  9. Orders delivered for execution may be changed or cancelled by the Buyer who is also a consumer within the meaning of the Act of 23 April 1964 – Civil Code (Journal of Laws 1964 No. 16, item 93 as amended), until the moment of shipment of the Product. Changes may only concern the resignation of all or part of the Products comprising the Order, a change in the delivery address or a change in the invoicing data. A change in the Order or cancellation of the Order is possible by phone +48 501 337 483 or by sending an e-mail to the following address: [email protected].
  10. The execution time of the Order placed via the Online Shop (order completion and preparation for shipment) is up to 7 working days.
  11. The Buyer is informed about the unavailability of the Products, and therefore can agree to extend the duration of the Order or resign from the ordered Product or the entire Order. In case of unavailability of the Products, the estimated time of realization of the Order is agreed individually with the Buyer.
  12. In case of any doubts about the subject of the Order (e.g. error in the address, incomplete personal data), the Seller reserves the right to verify the Order by the staff of the Online Store.
  13. The Seller reserves the right to cancel the Order if the Buyer, despite a request, has not completed within 7 working days the deficiencies required for the effective execution of the Order.
  • 3. PAYMENTS

  1. The prices in the Online Shop are expressed in Polish zloty or euro and are gross prices, including all components, including VAT.
  2. Each Order is accompanied by a Proof of Purchase (receipt, VAT invoice).
  3. The Buyer may choose one of the following methods of payment for the ordered Products:
    1. payment in cash on personal collection (only in the Republic of Poland)
    2. payment by credit card, ordinary or Internet transfer to the bank account of the Seller
    3. cash on delivery – payment in cash to the courier upon delivery (only in the Republic of Poland)
  4. Choice of payment method is made by the Buyer when placing an order.
  5. In case of choosing the payment method referred to in point 3 b) of this paragraph, the Products are sent at the moment of crediting the payment to the Seller’s bank account indicated below:

„Lux Metal” Marek Florczyk

Bychowska Street 55

04-536 Warsaw, Poland

ING: PL88 1050 1025 1000 0092 2481 5390 – for payments in PLN

ING: PL 65 1050 1025 1000 0092 2481 5416 – for payments in EUR (SWIFT: INGBPLPW)

  1. In the case of choosing the method of payment referred to in point 3 b) of this paragraph, if the Buyer fails to make payment within 7 days from the date of confirmation of the Order, the Seller has the right to cancel the Order, informing the Buyer thereof by e-mail or telephone.
  2. In order to implement the conditions contained in these Regulations, the Buyer authorizes the Seller to issue VAT invoices without the signature of the Recipient.

  • 4. DELIVERY

  1. The Buyer may choose the following ways of collecting the ordered Products:
    1. personal collection of the ordered Products after prior consultation with the Seller
    2. delivery of Products by the Polish Post or courier
  2. Delivery address is provided by the Buyer when placing an Order.
  3. Delivery costs shall be paid by the Buyer.
  4. Shipping costs are calculated according to the current price lists and depend on the weight and size of the shipment. The buyer is informed about shipping costs when placing an order.
  5. For purchases above 1000PLN/250EUR gross shipping cost is covered by the Seller (except for packages of unusual dimensions and pallet shipments) – the cost of such shipment is agreed with the Buyer.
  6. The Seller undertakes to deliver to the Buyer Products free from defects.
  7. The Buyer undertakes to collect the sent Product.

  • 5. COMPLAINT ABOUT DAMAGE DURING DELIVERY

  1. After signing the consignment note (legible signature, date and time of parcel collection), the Buyer, who is not a Consumer within the meaning of the Act of 23 April 1964 – Civil Code (Journal of Laws No. 16, item 93 as amended), is obliged to check the content of the parcel in the presence of a courier. The courier is obliged to wait until the shipment is checked. If the Product is missing or damaged, a damage report should be drawn up, which will be the basis for considering the complaint.
  2. In case of damage to the parcel, the courier is obliged to fill in the damage protocol on site.
  3. Before the Buyer signs the damage protocol, it is necessary to read it carefully and pay special attention to the conformity of the information contained therein with the actual condition of the shipment (damage to the packaging, warning signs). In addition, the Buyer may additionally take pictures of the damaged Product.
  4. Completed damage report (necessarily with the date of delivery of the goods) should be sent by e-mail to the address [email protected]
  5. If the Buyer refuses to accept the shipment due to damage to it, an appropriate annotation on the waybill must be included.
  6. Complaints for transport damages are not reported by the courier, so the Buyer is asked to provide the Seller with a completed damage protocol, which was drawn up together with the courier.
  7. Terms of points 1 – 6 of these Terms & Conditions do not apply to Buyers who are consumers within the meaning of the regulations of the Act of 23 April 1964 – Civil Code (Journal of Laws 1964 No. 16, item 93 as amended), in the case of Consumers, the Seller only recommends checking the parcel in the presence of a courier. Failure to check the parcel and to draw up a damage report does not hold up a possible complaint, however, in the case of such verification, the complaint procedure will be significantly improved.

  • 6. WARRANTY CLAIM FOR PHYSICAL DEFECTS

  1. If the Product is found to be defective, the Buyer is obliged to inform the Seller about it.
  2. Complaint should contain a description of the defect of the Product, the date of its occurrence and the Buyer’s request. The Buyer is asked to send the described complaint to the Seller by e-mail to the e-mail address: [email protected]
  3. A proof of purchase or a copy thereof must be attached to the Product complained of.
  4. The Buyer is obliged to send back the Product complained about at its own expense.
  5. The Complained Product should be sent to the address of the Seller’s registered office:

„Lux Metal” Marek Florczyk

Bychowska Street 55

04-536 Warsaw, Poland

  1. If the data or information provided in the complaint need to be supplemented, before considering the complaint, the Seller shall request the complainant to supplement it within the indicated scope.
  2. The Seller undertakes to respond to a complaint submitted by the Buyer within 14 calendar days. Lack of response from the Seller after the time limit specified in the previous sentence results in the recognition of the complaint as justified.
  3. Slight differences in appearance resulting from individual settings of the Buyer’s computer – and in particular the monitor – cannot be the basis for a complaint about the purchased Product.

  • 7. WARRANTY

  1. Products offered in the Online Shop are covered by a 2-year quality guarantee for the efficient operation of the Product specified on the Proof of Purchase, which is granted by the Seller.
  2. The warranty is specified for a given period from the date of purchase of the Product (based on the Proof of Purchase).
  3. The warranty period granted for each Product sold varies, depending on the Product and its components. The product may consist of many separate parts and different warranty periods will apply to different parts.
  4. The warranty period begins with the purchase of the original Product by the first Buyer (end user).
  5. The basis for free warranty repairs is the Proof of purchase.
  6. The Buyer’s rights under the guarantee shall expire automatically upon expiry of the guarantee period.
  7. Any damage caused by improper operation, storage, improper maintenance, inconsistent with the conditions specified in the operating and operating instructions and due to other reasons not attributable to the Manufacturer, result in the loss of warranty services.
  8. The guarantee does not exclude, limit or suspend the Buyer’s rights under the Seller’s liability for physical and legal defects of the Product within the scope specified by the Act of 23 April 1964 – Civil Code (Journal of Laws 1964 No. 16, item 93, as amended).

  • 8. WITHDRAWAL FROM THE PURCHASE CONTRACT

  1. The Buyer, who is a consumer within the meaning of art. 221 of the Civil Code (Journal of Laws No. 16, item 93, as amended), has the right to withdraw from the contract concluded remotely, without giving any reason, within 14 days from the date of receipt of the Product.
  2. The Buyer shall not be entitled to the above right in the following cases:
    1. provision of services, if the Seller has fully performed the service with the express consent of the Buyer, who was informed prior to the commencement of performance that after the performance by the Seller will lose the right to withdraw from the contract,
    2. contracts for services for which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period,
    3. cotracts for which the consideration is not fabricated, manufactured to the Buyer’s specifications or intended to satisfy the Buyer’s individual needs,
    4. contracts which have as their subject of performance an item that is perishable or has a short shelf life,
    5. contracts for the delivery of goods in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened by the Buyer after delivery,
    6. special contracts for goods which, by their nature, are inseparably linked to other goods after delivery,
    7. contracts in which the Buyer has expressly requested that the Seller come to the Seller for urgent repair or maintenance. If the Seller provides additional services other than those requested by the Buyer, or supplies items other than spare parts necessary for repair or maintenance, the Buyer shall have the right to withdraw from the contract in respect of additional services or items,
    8. contracts concluded by public auction
  3. In order to effectively withdraw from the contract referred to in clause 1 of this paragraph, it is sufficient for the Buyer to submit a written statement by e-mail or post, within the statutory period of 14 days from the date of receipt of the shipment.
  4. Buyer, withdrawing from the contract, is obliged to return the Product in an unchanged state together with the Proof of purchase within 14 calendar days from the date of submission of withdrawal.
  5. Shipping costs of the returned Product shall be paid by the Buyer.
  6. The Buyer shall be liable for any diminished value of the Product resulting from its use beyond what is necessary to determine the nature, characteristics and functioning of the Product.
  7. The Seller guarantees the return of the price of the Product to the Buyer immediately, not later than within 14 working days.
  8. The Seller shall make a refund using the same method of payment as used by the Buyer, unless the Buyer has expressly agreed to another method of refund that does not involve any costs to the Buyer.
  9. If the Buyer has chosen a delivery method other than the cheapest normal delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Buyer for any additional costs incurred by him.
  10. Returns of Products sent at the expense of the Seller or cash on delivery will not be accepted.
  11. The conditions of this paragraph shall not apply to Buyers who are not consumers within the meaning of Article 221 of the Civil Code (Journal of Laws No. 16, item 93, as amended), i. e. persons performing legal actions directly related to their business or professional activity.

  • 9. PROTECTION OF PERSONAL DATA

  1. By filling in the Order Form, the Buyer is asked to consent to the processing of personal data by the Seller, in accordance with the Personal Data Protection Act of 29 August 1997 (Journal of Laws 1997 No. 133, item 883). Providing personal data by the Buyer is voluntary, however the lack of consent to their processing makes it impossible for the Seller to carry out the Order.
  2. Personal data are processed by the Seller solely for the purpose of processing orders.
  3. The Buyer’s personal data will not be disclosed to other persons or institutions for marketing purposes without the Buyer’s express consent.
  4. The Buyer has the opportunity to access personal data concerning him/her in order to verify, modify or remove them from the Seller’s database. To do so, please send an e-mail to: [email protected] or call +48 501 337 483.

  • 10.PRIVATE POLICY

  1. Respecting the rights of the Buyer and respecting the Act on personal data protection, the Seller undertakes to maintain the security and confidentiality of personal data obtained. The store staff has been appropriately trained in the processing of personal data.
  2. The Administrator of Personal Data is „Lux Metal” Marek Florczyk with its registered office in Warsaw, 55 Bychowska St. , 04-536 Warsaw, Tel: +48 501 337 483, e-mail: [email protected] , VAT no. PL5221895357, REGON: 140695114, entered in the Central Register and Information on Business Activity kept by the minister in charge of economy.
  3. Online shop collect the following personal data:
    1. First and last name – when placing an order, the Buyer will be asked to provide their first and last name so that the Seller can send the order and have the opportunity to contact the Buyer.
    2. Residence address – necessary for the shipment of the ordered product.
    3. Phone number – necessary in case of the need to contact the Buyer, e. g. in order to confirm the order.
    4. Email address – the Seller sends an order confirmation and shipment confirmation via e-mail.
    5. Address – information resulting from the general rules of Internet connections such as IP address (and other information contained in system logs) are used by the server administrator for technical purposes. IP addresses can also be used for statistical purposes – to collect general demographic information (e. g. about the region from which the connection originates).
    6. Cookies – The Internet shop uses the technology of Cookies in order to adapt the service to the individual needs of Buyers. The Buyer may agree that the data entered will be stored and can use them for the next visit to the website of the Online Shop without re-entering them. The owners of other websites will not have access to this data. If the Buyer does not agree to personalize the service, it is proposed to disable the use of cookies in the options of the Internet browser.
  4. Providing the above data is necessary when making a purchase in our Store, after the execution of such an order only a document confirming the transaction is left. Registration in the customer database is voluntary. The Seller stores data in the database in order to facilitate future purchases in the Online Shop.
  5. Each user of our Store has a choice as to whether and to what extent he or she wishes to use our services and share information about himself or herself. If for some reason you do not wish to leave your personal data, you have the right to delete them or not to use our Store.
  6. ”Lux Metal” Marek Florczyk does not disclose any data to third parties and does not store confidential data such as access data to the Clients’; bank accounts.
  7. Pursuant to the conditions of the Personal Data Protection Act of 29 August 1997, Journal of Laws No. 133, item 883, as amended. Each Buyer has the right to correct, supplement, update, correct and demand the deletion of their personal data. In order to do so, please use the appropriate tabs in the Online Shop or send an e-mail to the following address: [email protected]

  • 11. RESPONSIBILITY

  1. The seller is not responsible for:
    1. unavailability of the Online Shop due to Force Majeure,
    2. acts or omissions of the Buyer and third parties for whose acts or omissions the Buyer is liable,
    3. blocking by administrators of mail servers of sending messages to the e-mail address indicated by the Buyer and for removing and blocking e-mail messages by software installed on the computer used by the Buyer,
    4. technical problems or technical limitations occurring in computer equipment, terminal equipment, ICT system and telecommunications infrastructure used by the Buyer, which prevent the Buyer from using the Online Shop www. luxmetal.shop, www.luxmetal.pl and www.luxmetal.com.pl and the Services offered through it,
    5. results of using the Online Store www.luxmetal.shop, www.luxmetal.pl and www.luxmetal.com.pl by the Buyer in a manner contrary to applicable law, these Terms & Conditions or customs adopted in this respect,
    6. data transfer rate and related restrictions resulting from technical, technological and infrastructural circumstances, among others,
    7. for errors in the handling of the Order or other instructions of the Buyer, resulting from incorrect data provided by the Buyer.
  2. The Seller reserves the right to restrict, suspend or terminate the provision of services in the Store, caused by its technical service, maintenance work, expansion or work on improving its functionality, if this does not violate the rights of the Buyer. At the same time, the Seller undertakes to make every effort to ensure that these breaks take place at night and last as short as possible.

  • 12. FINAL CONDITIONS

  1. The Seller reserves the right to change the Terms and Conditions. The changes come into force at the moment expressly indicated by the Seller, however, not earlier than 7 days after their announcement. Orders placed before the entry into force of the changes referred to in the previous sentence shall be carried out in accordance with the rules in force at the time of their submission.
  2. Any dispute between the Parties shall be settled amicably or in the presence of an independent and impartial mediator. However, if it is not possible to resolve the dispute amicably, including through mediation, the jurisdiction of the Court shall be determined in accordance with the regulations generally applicable in the Republic of Poland.
  3. In matters not regulated by these Terms & Conditions, the relevant provisions of Polish law shall apply, in particular the Act of 23 April 1964 – Civil Code (Journal of Laws 1964 No. 16, item 93 as amended) and the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827. ) and other relevant legislation.
  4. The Terms & Conditions shall enter into force on 1 February 2017.
  5. Differences resulting from individual settings of the customer’s computer (color, proportions, etc. ) cannot be the basis for a complaint about the purchased product.
  6. The content of the Online Shop www.luxmetal.shop, www.luxmetal.pl and www.luxmetal.com.pl does not constitute a commercial offer within the meaning of the Civil Code art. 543. All information about the equipment in the offer of the Online Store www.luxmetal.shop, www.luxmetal.pl and www.luxmetal.com.pl are consistent with the catalog data of manufacturers. The shop reserves the right to make mistakes.
  7. The online shop www.luxmetal.shop, www.luxmetal.pl and www.luxmetal.com.pl does not rent testing equipment and therefore the customer cannot withdraw from the purchase contract.
  8. In matters not regulated by the above document, the relevant provisions of the Civil Code shall apply.
  9. All products and names listed are used for identification purposes only and may be registered trademarks of their respective owners.
  10. By placing an order, the Purchaser accepts the above Terms & Conditions.