Shop rules

Shop rules

I. General Provisions

These Regulations define the general conditions, rules for using the Online Store and the method of providing electronic services and sales conducted via the Online Store www.agora-lighting.com by Agora Oświaty B. Kucharczyk W. Kucharczyk Spółka Jawna with its registered office at ul. Wreczycka 152/154 42-200 Czestochowa (Poland).

Contact with the Service Provider takes place via

e-mail address lamps@agora-lighting.com;

These Regulations are continuously available on the website www.agora-lighting.com, in a way that allows the Users to obtain, reproduce and record its content by printing or saving it on a carrier at any time.

II. Definitions                                                                                                                          

  1. Customer - a natural person, legal person or an organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which makes Orders within the Store.
  2. Working days - these are days from Monday to Friday, excluding public holidays;
  3. Civil Code - Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
  4. Account - a part of the Online Store assigned to a given Customer, through which the Customer can perform specific activities within the Online Store;
  5. Regulations - this document;
  6. Registration - a one-time activity consisting in creating an Account by the Customer, made using the registration form provided by the Seller on the Online Store website;
  7. Online Store (Store) - websites through which the Customer may, in particular, place Orders;
  8. Seller - The operator of the online store www.agora-lighting.com is Agora Oświaty B. Kucharczyk W. Kucharczyk Spółka Jawna with its registered office at ul. Wręczycka 152/154 42-200 Częstochowa (Poland), entered into the National Court Register under KRS number 0000097412.
  9. NIP: 573-168-18-04; REGON; 150255465
  10. Goods - products presented in the Online Store, the description of which is available next to each of the presented products;
  11. Sales contract - a contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
  12. Services - services provided by the Seller to Customers electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
  13. Consumer Rights Act - Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
  14. Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
  15. Order - Customer's declaration of will, aiming directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.

III. Rules for using the Online Store

1. Using the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:

  • computer with Internet access,
  • access to e-mail,
  • Web browser,
  • enabling Cookies and Javascript in the web browser.

2. Using the Online Store means any activity of the Customer that leads to his reading of the content contained in the Store.

3. The customer is obliged in particular to:

  • not to provide or transmit content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
  • use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
  • not to take actions such as: sending or posting unsolicited commercial information (spam) as part of the Online Store,
  • use the Online Store in a way that is not inconvenient for other customers and for the Seller,
  • use any content posted as part of the Online Store only for personal use,
  • use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet.

IV. Services

  1. The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.

  2. The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form available on one of the pages of the Online Store. The contract for the provision of the service consisting in maintaining an Account in the Online Store is concluded for an indefinite period and terminates when the Customer sends a request to delete the Account or uses the "Delete Account" button.

  3. The Customer has the option of receiving commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter service). For this purpose, provide a valid e-mail address or activate the appropriate field in the registration form or Order form. The customer may withdraw his consent to the sending of commercial information at any time. The contract for the provision of the Newsletter service is concluded for an indefinite period and terminates when the Customer sends a request to remove his e-mail address from the Newsletter subscription or unsubscribe using the link in the content of the message sent as part of the Newsletter service.

  4.  The customer has the option of posting individual and subjective statements in the Online Store regarding e.g. to the Goods or the course of the transaction. By adding statements, the Customer declares that he has all rights to this content, in particular proprietary copyrights, related rights and industrial property rights. The contract for the provision of the service consisting in posting opinions about the Goods in the Online Store is concluded for a definite period of time and is terminated when the opinion is added.

  5. Statements should be drafted in a transparent and understandable manner, moreover, they may not violate applicable law, including the rights of third parties - in particular, they may not be defamatory, infringe personal rights or constitute an act of unfair competition. The posted statements are disseminated on the websites of the Online Store.

  6. By posting a statement, the Customer agrees to the free use of this statement and its publication by the Seller, as well as making compilations of works within the meaning of the Act on Copyright and Related Rights (Journal of Laws 1994 No. 24 item 83).

  7. The Seller has the right to organize occasional competitions and promotions, the conditions of which will be each time provided on the Store's website. Promotions in the Online Store cannot be combined, unless the Regulations of a given promotion provide otherwise.

V. Procedure for concluding a Sales Agreement

  1. Information about the Goods provided on the Store's websites, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a contract, within the meaning of art. 71 of the Civil Code.
  2. The condition for placing an Order is to have an active e-mail account.
  3. The condition for placing an Order by phone is to have an active e-mail account and telephone line.
  4. The condition for placing an Order via e-mail is to have an active e-mail account.
  5. Via the Order form, Orders can be placed 24 hours a day, 7 days a week, and Orders placed by phone or e-mail can be placed on Business Days from 10:00 to 15:00.
  6. An Order may be placed by:
  • completing the electronic Order form, including the Customer's data needed to complete the Order, in particular: name and surname, place of residence and e-mail address,
  • use of the Customer's personal data obtained as a result of prior registration in the Store (purchase using the Customer Account),
  • placing an Order by phone using the telephone number provided by the Seller on the Store's website, including the Customer's data needed to complete the Order, in particular: name and surname, place of residence and e-mail address; name of the Good and its quantity, form of delivery and method of payment,
  • placing an Order by sending an e-mail to the e-mail address provided by the Seller on the Store's website, including the Customer's data needed to complete the Order, in particular: name and surname, place of residence and e-mail address; name of the Good and its quantity, form of delivery and method of payment.

7. In order to conclude a Sales Agreement via the Online Store and the Order form provided in it, it is necessary to select the goods by taking further technical steps based on the messages displayed to the Customer and information available on the website.

8. The selection of the ordered Goods by the Customer is made by adding them to the basket.

9. After the Customer using the Online Store provides all the necessary data, a clear and visible summary of the placed Order will be displayed. The summary of the placed Order will contain information on:

  • description of the subject of the Order,
  • unit and total price of ordered products or services, including taxes, including delivery costs and additional costs (if any),
  • how to contact the Seller,
  • selected payment method and date,
  • the chosen method of delivery,
  • delivery time,
  • Customer contact details
  • ·invoice details

10. In order to send the Order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the "Order with obligation to pay" button.

11. Sending the Order by the Customer constitutes submitting to the Seller an offer to conclude a contract for the sale of the Goods being the subject of the Order.

12. After placing the Order, the Customer receives an e-mail confirming the receipt of the Order (along with the individual Order number), containing the final confirmation of all essential elements of the Order.

13. Then the Seller sends to the e-mail address provided by the Customer a confirmation of placing the Order by the Customer, which is the Seller's declaration of acceptance of the offer referred to in point 12 above.

14. Customers placing Orders in the Store by phone or by sending an e-mail in order to place an Order should:

  • provide by phone or in the content of an e-mail addressed to the Seller the name of the Good from among the Goods on the Store's website and its quantity,
  • indicate the method of delivery and form of payment from among the methods of delivery and payment provided on the Store's website,
  • provide the data needed to process the Order, in particular: name and surname, place of residence and e-mail address.

15. Information on the total value of the Order is provided each time by the Seller orally after completing the entire Order and selecting the form of delivery by the Customer and specifying the form of payment, or by informing by e-mail. In the case of Customers who are consumers within the meaning of art. 22 [1] of the Civil Code, the Seller, each time after placing an Order via telephone or e-mail, sends the Customer a confirmation of the terms of the placed Order, which will contain information regarding:

  • description of the subject of the Order,
  • unit and total price of ordered products or services, including taxes, including delivery costs and additional costs (if any),
  • how to contact the Seller,
  •  selected payment method and date,
  • selected delivery method,
  • delivery time,
  • Customer contact details
  • invoice data
  • regulations
  • instruction on the right to withdraw from the contract along with its template.

16. The Agreement is concluded when the Customer sends (in response to the confirmation of the Order conditions sent by the Seller) an electronic message to the Seller's e-mail address, in which the Customer: accepts the content of the sent Order and agrees to its implementation and accepts the content of the Regulations and confirms that he has read the information on withdrawal from the contract. Consolidation, security, disclosure and confirmation to the Customer of the relevant provisions of the Agreement for the sale of Goods takes place by sending them to the Customer to the e-mail address provided and by attaching a printout of the confirmation, Order specification and VAT invoice to the shipment containing the Goods.

17. The sales contract is concluded in Polish, with the content in accordance with the Regulations.

VI. Delivery

1. The delivery of the Goods takes place to the address indicated by the Customer when placing the Order

2. The Customer may choose the following forms of delivery of the ordered Goods:

  • via a courier company
  • personal collection at the Seller's personal collection point

3. In addition, delivery costs will be indicated when placing the Order.

4. The delivery is made immediately, not later than within 30 days from the conclusion of the contract.

5. The Seller is responsible for defects in items in accordance with the provisions of the Civil Code, in particular art. 556 and 5561-5565 of the Civil Code.

 

VII. Prices and payment methods

  1. The prices of the Goods are given in Polish zlotys and include all components, including VAT, customs duties and any other components.
  2. The customer can choose the following payment methods:
  • bank transfer to the Seller's bank account (in this case, the implementation of the Order will start after the Seller sends the Customer confirmation of the Order, and the shipment will be made immediately after the funds are credited to the Seller's bank account and the Order is completed);
  • cash on personal collection - payment at the Seller's personal collection point (in this case, the execution of the Order will be made immediately after the Seller sends the confirmation of acceptance of the Order to the Customer, and the Goods will be released at the Seller's personal collection point);
  • cash on delivery, payment to the supplier when making the delivery (in this case, the implementation of the Order and its shipment will start after the Seller sends the Customer confirmation of acceptance of the Order and completing the Order);
  • electronic payment (in this case, the implementation of the Order will start after the Seller sends the Customer confirmation of the Order and after the Seller receives information from the settlement agent's system about the payment by the Customer, and the shipment will be made immediately after completing the Order).

VIII. Right to withdraw from the contract

Please be advised that as consumers you have the right to withdraw from this contract within 14 days without giving any reason.

1. The deadline to withdraw from the contract expires after 14 days from:

  • taking possession of the item by the consumer within the meaning of art. 22 [1] of the Civil Code or a third party indicated by him other than the carrier in the case of a contract under which the Store issues the item
  • taking possession of the last item, batch or part in the case of a contract that includes many items that are delivered separately, in batches or in parts;
  • taking possession of the first item in the case of a contract that consists in regular delivery of items for a fixed period of time;
  • the date of conclusion of the contract in the case of other contracts.

2. In order to meet the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.

3. To exercise the right to withdraw from the contract, you must inform us www.agora-lighting.com; Agora Lighting B. Kucharczyk W. Kucharczyk Spółka Jawna with its registered office at ul. Wręczycka 152/154 42-200 Częstochowa (Poland), e-mail: lamps@agora-lighting; tel. +48 34 362 92 35 about your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the model withdrawal form, but it is not mandatory. You can also complete and send the contract withdrawal form or any other unequivocal statement electronically on our website www.agora-lighting.com. If you use this option, we will immediately send you a confirmation of receipt of information on withdrawal from the contract on a durable medium.

4. In order to meet the withdrawal deadline, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the withdrawal period expires.

5. Consequences of withdrawing from the contract:

  • If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivering the goods (except for the additional costs resulting from the type of delivery chosen by you other than the least expensive type of standard delivery offered by us), immediately and in any event not later than 14 days from the day on which we were informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment methods that you used for the original transaction, unless you have expressly agreed otherwise or if you have paid on delivery. If the payment was made on delivery, the refund will be made by bank transfer to the bank account specified in the declaration of withdrawal or on the complaint and returns portal; in any case, you will not incur any fees in connection with this return. We may withhold the reimbursement until receipt of the item or until you provide us with proof of its return, whichever occurs first. Please send back or hand over the item to us immediately, and in any case not later than 14 days from the day on which you informed us about the withdrawal from this contract. The deadline is met if you send back the item before the period of 30 days has expired. You are only responsible for the decrease in the value of the item resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the item.

6. We may withhold the refund until we receive the item or until we receive proof of its return, whichever occurs first.

7. A consumer who has concluded a distance or off-premises contract may withdraw from it within 30 days without giving any reason. The consumer is obliged to return the item to the entrepreneur or hand it over to the person authorized by the entrepreneur to collect it immediately, but not later than 14 days from the date on which he withdrew from the contract, unless the entrepreneur proposed that he would pick up the item himself. To meet the deadline, it is enough to send back the item before its expiry. The purchased goods can be returned by sending the goods at your own expense to the following address: Agora Oświaty B. Kucharczyk W. Kucharczyk Spółka Jawna with its registered office at ul. Wreczycka 152/154 42-200 Czestochowa (Poland).

8. The right to withdraw from the contract by the consumer is excluded in the case of:

  • a contract in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
  • a contract in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to meet his individual needs;
  • a contract in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
  • a contract in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
  • contracts in which the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery;
  • contracts in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control; - a contract in which the consumer explicitly demanded that the entrepreneur come to him for urgent repair or maintenance. If the entrepreneur provides additional services other than those requested by the consumer, or supplies items other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or items;
  • contracts in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
  • contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
  • a contract concluded at a public auction;

IX. Complaints about Goods

1.      1. The Seller is liable to the Customer, including the Customer who is a consumer within the meaning of art. 22 [1] of the Civil Code, under the warranty for defects on the terms set out in Art. 556 - 576 of the Civil Code.

2. Complaints arising from the violation of the Customer's rights guaranteed by law or under these Regulations should be sent to the following address: Agora Oświaty B. Kucharczyk W. Kucharczyk Spółka Jawna with its registered office at ul. Wreczycka 152/154 42-200 Czestochowa (Poland).

3. In order to consider the complaint, the Customer should send or deliver the complained Goods, if possible, attaching the proof of purchase to it. The goods should be delivered or sent to the address indicated in point 2 above.

4. The Seller undertakes to respond to the complaint within 14 days.

5. In the event of deficiencies in the complaint, the Seller will call the Customer to complete it to the extent necessary immediately, but not later than within 7 days from the date of receipt of the request by the Customer. The seller returns the shipping costs to the customer.

6. If the seller is not a manufacturer/importer of the Goods. The manufacturer is liable under the warranty of the sold Goods on the terms and for the period indicated by him. If a warranty document is attached to the product, which provides for such a possibility, the customer may submit his claims under the warranty directly to the authorized service whose address is included in the warranty card.

7. The Seller is obliged to provide the Customer with a defect-free product.

XI. Final Provisions

1. Settlement of any disputes arising between the Seller and the Customer who is a consumer within the meaning of art. 22 [1] of the Civil Code, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.

2. Settlement of any disputes arising between the Seller and the Customer who is not a consumer within the meaning of art. 22 [1] of the Civil Code of the Civil Code, is subject to the court competent for the seat of the Seller.

3. In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Act on consumer rights and other relevant provisions of Polish law shall apply.

4. The content of these Regulations may change. Each Customer will be informed about any changes through information on the Store's home page containing a list of changes and the date of their entry into force. Customers with a Customer Account will be additionally informed about the changes along with their summary to the e-mail address indicated by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. If the Customer with a Customer Account does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact within 14 days from the date of notification of the change in the Regulations. Lack of acceptance results in termination of the contract.

APPENDIX 1

FORM WITHDRAWAL FROM THE CONTRACT

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