Conclusion of the agreement between the Purchaser and the Seller can be performed in two ways.
Before placing an order, the Purchaser has the right to negotiate any provisions of the agreement with the Seller, including those altering the provisions of the following terms and conditions. Such negotiations should be carried out in writing and directed to the Seller’s address ( OTOSOCKS, OTO Sebastian Maruczyński, ul. Smolna 1A, 81-877 Sopot ).
In case the Purchaser resigns from the possibility of concluding the agreement via individual negotiations, the following terms and conditions and the applicable legislation apply.
TERMS AND CONDITIONS
1. Seller – company:
OTO Sebastian Maruczyński
ul. Smolna 1A
NIP [taxpayer ID]: 584-000-20-15,
REGON [enterprise ID]: 190179141
PLN - SWIFT: RCBWPLPW
IBAN: PL 94 1750 1325 0000 0000 1265 2232
USD - SWIFT: RCBWPLPW
IBAN: PL 44 1750 1325 0000 0000 1279 3685
EUR - SWIFT: RCBWPLPW
IBAN: PL 50 1750 1325 0000 0000 1265 2248
directed by OTOSOCKS.com
2. Consumer – a physical person making a purchase for their own needs.
3. Client – an adult person making a purchase for the needs of their business activity, a legal person or an organizational unit without a legal personality.
4. Purchaser – both the Consumer and the Client.
II. Conclusion and realization of the agreement
5. Orders can be placed 24 hours a day.
6. All the prices stated by the Seller are expressed in Polish currency and are gross prices (with VAT included). Product prices do not include the shipping costs stated in the shipping price list.
7. Conclusion of the agreement with the Consumer takes places when an order is placed.
8. Realization of the Consumer’s order payable on delivery takes place immediately, one paid for with a bank transfer or an electronic payment system takes place after the Consumer’s payment has been credited to the Seller’s account.
9. Conclusion of the agreement with the Client takes place at the moment of order’s acceptance by the Seller, about which the inform the Client within 48 hours of the order’s placement.
10. Realization of the Client’s order takes place by the date specified in the product’s description, and in case of orders comprised of many products, by the farthest date of those specified in the products’ sheets.
11. Client’s order realization may be dependent upon making a cash transfer in the amount of half or all of the order’s value, or upon obtaining a trade credit limit at least in the amount of the order’s value, or upon the Purchaser’s agreement for the order to be payable on delivery.
12. The purchased products, along with the sales document selected by the Purchaser, are sent via a carrier chosen by the Purchaser to the address specified by the Purchaser in the form.
III. The Seller’s responsibility
13. The Seller is responsible to the Purchaser for two years from the date of purchase in case of the product’s discrepancy with the agreement as per Art. 10 of the Act on special conditions of consumer sales of 27 July 2002 and other relevant legislation.
14. In case of the products’ discrepancy with the agreement, the Consumer should send a document specifying the said discrepancy and expectations related to the liability’s realization method to the Seller’s address.
15. The Consumer has the right to withdraw from the agreement without stating the reasons within 10 days of the ordered product’s acceptance, as per the provisions regulating conclusions of distance contracts.
16. In accordance with Art. 10 pt. 3 of the Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by dangerous products (Journal of Laws of 31 March 2000), the following products cannot be returned by the Consumer:
a) ones with characteristics specified by the Consumer in the placed order or closely related to their person;
b) audio and visual, and recorded on data carriers after their original packaging has been removed by the Consumer.
17. The Seller is responsible to the Client solely on the basis of implied warranty.
18. The Seller agrees to protect personal data in accordance with the Act on Personal Data Protection of 29.08.1997 (Journal of Laws No 133 item 883) and the Act on Electronic Service Provision (Journal of Laws No 133 item 1204). The Purchaser, stating their personal data to the Issuer, agrees for this data to be processed by the Seller for the purpose of the placed order’s realization. The Purchaser is able to access, modify, update, or delete their personal data at any time.
IV. Final provisions
19. None of the following terms and conditions’ provisions aim at violation of the Purchaser’s right. They cannot be interpreted this way either, for in case of any part of the terms and provisions’ discrepancy with the applicable laws, the Seller declares unconditional submission to and application of these laws in place of the challenged terms and conditions’ provision.
20. Information on changes of the terms and conditions and their scope will be sent to the registered Purchasers by e-mail (specified during registration or order placement). Notification will be sent at least 30 days prior to new terms and conditions’ implementation.
Changes will be implemented in order to adapt the new terms and conditions to the applicable laws.
21. The current version of the terms and conditions is always available for the Purchaser in the terms and conditions tab (http://www.otosocks.com/Terms-and-conditions-cterms-eng-1.html). The Purchaser is bound by the terms and conditions accepted during order placement during the order’s realization and all throughout after-sales care. Except for a situation where the Consumer deems them less favorable from the current ones and informs the Seller about their choice of the current terms and conditions as binding.
22. The Seller guarantees to the Purchaser that the online store will be fully functional in the following browsers: IE version 7 or higher, Firefox version 3 or higher, Opera version 9 or higher, Chrome version 10 or higher, Safari with the latest JAVA and FLASH versions, on the screens with horizontal resolution above 1024. Using third party software influencing the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may influence the way the store is displayed, so in order to maintain the highest possible functionality of the http://www.otosocks.com store, all of the said software should be disabled.
23. Matters not regulated by these terms and conditions are decided by the relevant legal provisions in force. Disputes are considered by locally and materially competent court.
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