TERMS AND CONDITIONS OF OAKLEY O-SHOP.COM ONLINE STORE
TERMS AND CONDITIONS OF OAKLEY O-SHOP.COM ONLINE STORE
These Rules and Regulations apply to the conclusion of contracts for online sale of goods by Glaser Group Sp. z o.o. through O-Shop.com online store
1. The owner and the administrator of www.O-shop.com online store is:
Glaser Group Sp. z o.o. PL.Trzech Krzyży 18, 00-499 Warsaw, Poland, District Court. St. Warsaw, XII Commercial Division of Capital: 10000 PLN KRS 0000475410, EU VAT number: NIP: 7010393453, REGON: 473221163, phone: +48 8888 00000.
2. Any individual, corporation or legal entity referred to in Article 331 of the Civil Code, with full legal capacity, may become a Client of the optique.pl store. Any resident of other European Union member states may also become a Client.
2a. A Consumer is any individual executing a legal instrument not directly connected with his/her business activity or occupation.
3. Submission of an order is deemed as equivalent to acceptance of the provisions of these Rules and Regulations and expressing the will to conclude a contract.
4. Despite making its best efforts, the Seller does not guarantee that the published information and detailed descriptions concerning the Product do not contain any omissions or errors. Any incorrect descriptions or incorrect prices shall not constitute a basis for a claim, therefore in case of any doubts the Purchaser shall contact the Store representative before making a decision to complete the purchase.
ORDER SUBMISSION AND FULFILMENT
5. Correct completion of the order form is a condition of order fulfilment. By completing the form, the Purchaser confirms that the information provided is true and correct.
6. The Store may suspend order fulfilment or refuse to process any order, if the information provided by the Purchaser is incomplete or incorrect.
7. Following submission of an order, the Purchaser shall receive an e-mail confirmation with information on acceptance of the order and its number.
8. We do not process any orders which are not confirmed by e-mail or via telephone by the Purchaser within 72 hours.
9. We reserve the right to confirm any order via e-mail or telephone.
10. The prices of products in the optique.de online store do not constitute an offer in the meaning of the Polish Civil Code, but only an invitation to conclude a contract (Article 71 of the Polish Civil Code).
11. The O-Shop.com online store accepts orders submitted via e-mail or telephone only in special cases.
12. The O-Shop.com online store does not accept any orders submitted with the use of other forms of communication than those indicated in points 5 and 11 above.
13. Orders are fulfilled subject to availability of the products in stock or from the Store's suppliers. If any products are not available, the Purchaser shall be informed about the status of his/her order and shall be entitled to select one of the following options:
a) partial delivery
b) extended waiting time
c) contract termination (cancellation of the whole order).
14. No order shall be cancelled via telephone.
15. Products ordered by the Purchaser shall be brand new and shall be covered by the manufacturer's and the distributor's guarantee (not applicable to product sold by the Store on the basis of a commission contract).
16. All prices of products are expressed in PLN and are inclusive of VAT. The prices stated do not include shipping charges. The cost of delivery of the products ordered is determined after selection of the mode of shipping.
17. The Seller reserves the right to change the prices of Products and any shipping charges, to introduce and withdraw any Products from offer, and to commence and cancel any promotional action at any time.
18. Product price changes shall not apply to any orders submitted and received by the Seller before the change of the price in the Online Store.
19. The minimum value of each order amounts to EUR 25.
PAYMENT AND SHIPPING
20. Payment for the products ordered shall be made in one of the following ways:
- credit card (Visa, Mastercard, Diners Club)
- through DotPay.pl
- through PayPal
Glaser Group Sp. z o.o. PL.Trzech Krzyży 18, 00-499 Waraw, Poland
Citi Handlowy, account no.:
75 1030 0019 0109 8503 0006 1876
21. Orders paid by bank transfer shall be shipped only after the payment is credited to the account of Glaser Group Sp. z o.o., the owner of O-Shop.com online store.
22. Delivery of products shall occur within 18 days, subject to continuous availability of products for purchase. If products are available from the Store's stocks, orders are fulfilled within 3-4 working days.
23. Products are shipped to Purchasers on working days only, from Monday to Friday.
24. If the value of an order exceeds 250€, the shipping cost is covered by the Seller. If the Client terminates the contract in the circumstances referred to in Articles 26 and 27, the Client is charged with the shipping costs.
25. A VAT invoice or a receipt is provided with the product (not applicable to products sold by the Store on the basis of commission contract).
PRODUCT REPLACE AND TERMINATION OF AGREEMENT
26. Customer has the right to withdraw from the distance contract without giving any reason by making an appropriate declaration in writing within 14 calendar days of receiving a shipment, subject to paragraph 26. Printed and fully completed return form should be sent with the proof of purchase to the following address: Boutique O-Shop.com, Pl. Trzech Krzyży 18, 00-499 Warsaw. In case of contract termination the product shall be send back intact (with no signs of use) to the store's address with a proof of purchase. The purchase price Shall be reimbursed immediately, within 14 working days from the date of delivery of the package with the product and the receipt. The refund is made via bank transfer to the bank account Indicated by the Client or by postal order to the address Indicated by the Client. In case of purchase with a VAT invoice, the refund payment Shall be made within 14 working days from the date of receipt to the store and Corrective invoice.
27. The provisions of paragraph 26 does not apply to goods and services having the characteristics specified by the Consumer in order or closely associated with his person and which, by their nature, can not be returned or are subject to rapid deterioration - expeccially the prescription glasses which lenses mounted due to the Customer's eye parameters, specified by the Customer in accordance, with the Act of 2 March 2000 on the protection of consumer rights and liability for damage caused by dangerous products (Dz.U.2012.1225 jt).
28. Moreover, the Consumer is entitled to terminate the contract of sale in the case of conclusion of the contract via the website of the Online Store, when the Products are collected by the Purchaser at the Seller's premises. Such contract constitutes a contract concluded outside the entrepreneur’s premises in the meaning of the Act of 2 March 2000 on protection of some rights of consumers and on liability for damage caused by dangerous products.
29. The cost of delivery shall be covered by the party terminating the contract.
30. We do not accept cash on delivery packages.
31. In case of issuing a VAT invoice, the purchase price of the product shall be refunded to the party terminating the contract only after sending back the product, and signing and sending back a corrective invoice.
32. The Customer shall be entitled to replace prescription frames (bought without lenses) or sunglasses offered by online store O-Shop.com within 14 calendar days of receipt of shipment. The customer is obliged to send the replaced product to the following address: Boutique O-Shop.com, Pl. Trzech Krzyży 18, 00-499 Warsaw with completed replacement form, along with a note: "Replace". The product should be no signs of use, packed in its original packaging. In case of exchanging the product or changing parameters of the model, the Store takes into account any differences in price. The cost of the product exchange is covered by the Purchaser.
COMPLAINTS AND GUARANTEES
33. Each product purchased in the Online Store is covered by a guarantee of the manufacturer, the importer and the seller, valid in the territory of Poland. The guarantee period of each product is stated in its description on the Online Store website.
34. If the Purchaser is not a Consumer, the liability of the Online Store in relation to warranty is excluded in accordance with Article 558 § 1 of the Polish Civil Code.
35. In case of discovering any fault in the product purchased, please immediately contact the O-Shop.com. Please complete complaint form and follow the instructions in the form.
36. The Seller shall not be responsible for any fault resulting from normal wear and tear of the product, its part or the material used for its manufacture.
37. Before acceptance of the product, the Purchaser is obligated to check if the product is compliant with the order and if it was not damaged during transport. If the product is not compliant with the order, incomplete or damaged, the Purchaser should refuse to accept the product delivered and at the same time draw up a complaint report in transport (such report, pursuant to the provisions of the Act of 15 November 1984 Transport Law, Journal of Laws of 1984, No. 53, item 272, as amended, constitutes basis for processing of the Purchaser's complaint in relation to damage caused during shipping). The report should include detailed description of the damage or shortage discovered, as well as the date and time of delivery. Regardless of any actions undertaken by the deliverer, the Purchaser should inform the Store about the defects within 24 hours. Once the product constituting the subject of the complaint is returned to the Store, and the refusal of accepting the product by the Purchaser is confirmed as valid, the Store shall process the complaint in accordance with its complaint policy.
38. The product constituting the subject of a complaint shall be send back to the Store. Proof of purchase shall be provided with the product constituting the subject of a complaint.
39. We do not accept cash on delivery packages.
40. Complaints are processed within 14 days of the date of receipt by the Store the package with the product constituting the subject of the complaint. Equipment should be returned clean, otherwise our service shall charge the Client with the cost of cleaning such equipment in accordance with the service price list. A receipt is the only document entitling to collection of equipment after a complaint. Glaser Group Sp. z o.o. shall not issue copies of receipts and shall not be responsible for any results of losing a receipt. In case of repairs requiring the use of specialist manufacturer's service, the time of repair may be extended. The time of repair may be extended up to 3 months. This document without signature and stamp of Glaser Group Sp. z o.o. is not valid. If equipment is not collected within 6 months from the date of accepting it for repair, pursuant to Article 180 of the Polish Civil Code in connection with Article 60 of the Polish Civil Code, Glaser Group Sp. z o.o. shall regard that as agreement to ownership transfer and this shall result in the equipment being deemed abandoned.
41. If the Purchaser is a consumer, the complaint procedure shall occur in accordance with the rules and time limits determined in the Act on special conditions of consumer purchases and on amending the Civil Code:
a) If the consumer product is not compliant with the contract, the purchaser may demand altering it to the state compliant with the contract through a free of charge repair or exchange to a new one, unless such repair or exchange are not possible or their cost is too high.
b) if the purchaser for the reasons referred to in letter a) above, cannot demand repair or exchange, or if the seller shall not satisfy such demand in due time, or if repair or exchange would cause significant inconvenience to the purchaser, he/she is entitled to demand appropriate reduction in price or to terminate the contract. The Purchaser cannot terminate the contract if non-compliance of the consumer product with the contract is immaterial.
c) The Purchaser shall lose the entitlements provided in letter a) and b) above, if before expiration of the period of two months from discovering non-compliance of the consumer product with the contract, he/she does not inform the Seller about it. Notice shall be send before the expiration of such period of two months.
d) The Seller shall be responsible for non-compliance of the consumer product with the contract only if it is discovered before the expiration of the period of two years from provision of the product to the purchaser; and in case of product exchange such time limit shall start over.
e) The purchaser's claims expire after one year from discovering by the purchaser non-compliance of the consumer product with the contract; expiration shall not occur before the lapse of the period referred to in letter d). The entitlement to terminate the contract expires within the same time limit.
42. The costs related to sending back the product constituting the subject of a complaint shall be reimbursed by the Store immediately after accepting the complaint.
43. If a complaint is not found valid, and in particular if the defects reported were caused exclusively through the fault of the user, all costs shall be covered by the Client.
44. If a fault is discovered in a product, the Purchaser may also exercise the entitlements resulting from the quality guarantee (applicable to products for which such guarantee is granted) directly with the manufacturer (distributor, importer or other entity indicated in the guarantee) of the product or in the indicated service points (applicable to products covered by the manufacturer's guarantee).
45. Entitlements resulting from the guarantee granted by the manufacturer (distributor, importer or other entity indicated in the guarantee) shall not constitute a waiver of the Consumer's rights in relation to warranty for the product faults (product non-compliance with the contract).
52. The Seller shall not be responsible towards third parties for any special, indirect or consequential damages resulting during the use of the product purchased. Responsibility for damage arising in connection with incorrect functioning of the products used in accordance of the instructions is limited to the guarantee provisions determined by the manufacturer, importer, distributor or other entity granting the guarantee. This shall not apply to products not covered by a guarantee.
53. All photographs and trade marks used by optique.de are used for information purposes only and remain the property of the manufacturers.
54. These Rules and Regulations are valid as of the date of publishing on the Online Store website, i.e. as of 10.03.2013
55. The Seller reserves the right to amend these Rules and Regulations unilaterally. Amendments are made through publishing new Rules and Regulations on the Online Store website. The Rules and Regulations amendments enter into force after 7 days from publishing new Rules and Regulations on the Online Store website. The date of the new Rules and Regulations entering into force must be clearly marked therein.
56. These Rules and Regulations are available from the Online Store website in the form allowing saving them in the ICT system of the Purchaser. The content of the Rules and Regulations may be obtained by the user through printing, saving on any medium or downloading from the website at any time.
57. These Rules and Regulations and the contract of sale concluded on the basis hereof shall be governed by Polish law, with the exclusion of the UN Convention on Contracts for the International Sale of Goods.
58. All disputes arising hereunder or from the contracts of sale shall be settled by the court having jurisdiction over the Seller's registered office. Therefore the Parties submit to the exclusive jurisdiction of Polish courts in case of any disputes.
59. In matters not regulated herein, provisions of the Polish Civil Code, Act of 27 July 2002 on special conditions of consumer sales and on amending the Civil Code (Journal of Laws of 2002 No. 141, item 1176, as amended) and the Act of 2 March 2000 on protection of some rights of consumers and liability for damage caused by dangerous products (Journal of Laws of 2000 No.