Terms of service.

Annex No. 1 - Compliant Form

Annex No. 2 - Withdrawal Form

§ 1. DEFINITIONS:

  1. Online Store – the online store available at: www.orodeoro.com operated by the Seller,

  2. Terms of Service – this terms of service of the Online Store, as referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Journal of Laws of 2019, item 123, 730),

  3. Seller – Dariusz Król, conducting business under the name P.H.U. “KRÓL” Dariusz Król, with the main establishment at ul. Funkcyjna 3, 15-587 Białystok, registered in the Central Registration and Information on Business, VAT No: 5421004498, REGON: 050269186, correspondence address: ul. Funkcyjna 3, 15-587 Białystok, email: contact@orodeoro.com, tel. 607 077 765,

  4. Buyer – a Consumer using the services provided by the Seller electronically within the Online Store (including particularly through creating an Account) or entering into a Sales Agreement with the Seller,

  5. Consumer – a consumer within the meaning of Article 221 of the Civil Code, i.e., a natural person having full legal capacity or – in cases provided for by law – limited legal capacity, entering into a Sales Agreement with the Seller or using the services provided by the Seller electronically not directly related to their business or professional activity,

  6. Registration Form – a form available in the Online Store enabling the creation of an Account,

  7. Account – a collection of resources in the Seller's teleinformation system, marked with an individual name (login) and password assigned to the Buyer, in which the Buyer's data are collected, including in particular information about placed Orders, the creation of which requires filling out the Registration Form by the Buyer,

  8. Order Form – a form available in the Online Store enabling the Buyer to place an Order and its execution after creating an Account, as well as without the need to create it,

  9. Order – a declaration of intent of the Buyer constituting an offer to conclude a Sales Agreement with the Seller,

  10. Sales Agreement – a sales agreement within the meaning of the Civil Code provisions concluded between the Seller and the Buyer remotely via the Online Store, in English, concerning the purchase of Products,

  11. Cart – a virtual tool enabling the Buyer to aggregate selected Products before purchasing and calculating their value, with the Buyer being able to freely manage the contents of the Cart by adding or removing Products from it,

  12. Product – a movable item available in the Online Store, being the subject of the Sales Agreement,

  13. Proof of Purchase – a receipt or VAT invoice issued by the Seller and confirming the conclusion of the Sales Agreement,

  14. Newsletter – a service provided electronically by the Seller after prior consent by the Buyer, consisting of the Buyer automatically receiving the most important information, including commercial information, related to the Online Store, to the email address provided by the Buyer,

  15. Privacy Policy – a document available in the Online Store, defining the rules related to the processing of personal data by the Seller within the Online Store, being a fulfillment of the Seller's informational obligation, as referred to in the personal data protection regulations,

  16. Annex No. 1 (Complaint Form) – a template form attached to the Terms of Service enabling the submission of a complaint, as referred to in § 8 of the Terms of Service,

  17. Annex No. 2 – a template declaration of withdrawal from the Sales Agreement attached to the Terms of Service, as referred to in § 9 of the Terms of Service,

  18. Civil Code – the Act of 23 April 1964 - Civil Code (consolidated text: Journal of Laws of 2019, item 1145, 1495).

§ 2. GENERAL PROVISIONS.

  1. These Terms of Service apply to Sales Agreements and other services provided by the Seller via the Online Store.

  2. Services provided electronically by the Seller in the Online Store consist of enabling the Buyer by the Seller to:

    a) conclude Sales Agreements on the terms specified in the provisions of these Terms of Service,

    b) create and have an Account in the Online Store,

    c) receive the Newsletter.

  3. Announcements, advertisements, price lists, and other information about Products given in the Online Store should be considered as an invitation to conclude a Sales Agreement, taking into account Article 71 of the Civil Code.

  4. The Online Store conducts sales on the territory of European Union.

  5. All Products available in the Online Store are original, factory new (free from defects) and comply with applicable standards, requirements, and legal regulations.

  6. The Seller takes the utmost care in implementing Sales Agreements and Orders.

  7. Promotions may be organized in the Online Store on the terms specified and made public in the Online Store by the Seller.

  8. The provisions of these Terms of Service are not intended to exclude or limit any rights of the Buyer who is a Consumer, entitled to them under the generally applicable legal provisions, including in particular under the provisions of the Civil Code and the Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws of 2019, item 134, 730). In the event of inconsistency of the provisions of these Terms of Service with the provisions referred to in this point, these provisions shall prevail.

  9. To use the Online Store, at least a computer with a min. 200MHz processor, 64MB RAM, a graphics card supporting resolutions of 800x600 and 256 colors, a web browser (Internet Explorer (version >= 6.0), Mozilla Firefox, Opera, Google Chrome, Safari), as well as a keyboard or other pointing device, enabling correct filling out of electronic forms, are required.

§ 3. RULES FOR USING THE ONLINE STORE.

  1. The Buyer is obliged to use the Online Store in a manner consistent with the applicable law, social coexistence rules, and good manners, taking into account respect for personal goods and intellectual property rights of third parties.

  2. The use of the Online Store is entirely voluntary.

  3. When filling out the Registration Form or Order Form, the Buyer is obliged to familiarize themselves with the content of the Terms of Service and Privacy Policy and to accept their content.

  4. While using the Online Store, the Buyer is obliged to provide true and factual data and information necessary to create an Account or conclude and implement a Sales Agreement.

  5. It is prohibited to transfer personal data of third parties through the Online Store without the consent of these persons. In the case of natural persons who do not have full legal capacity, consent should be given by their statutory representatives or legal guardians.

  6. All photos of Products and other materials (including in particular texts, graphics, logos) being works within the meaning of the Act of 4 February 1994 on copyright and related rights (consolidated text: Journal of Laws of 2019, item 1231, 2245), hereinafter collectively referred to as Materials, placed in the Online Store are the property of the Seller or have been used by the Seller with the consent of a third person or entity to whom copyright rights to the Materials belong.

  7. Both the Buyer and any other person having access to the Online Store are obliged to refrain from copying, modifying, distributing, reprinting, transmitting, or using in any other way (including in particular for marketing, commercial, or profit purposes), Materials placed in the Online Store without the written consent of the Seller or another person or entity, to whom copyright rights to the Materials belong, except for the use of these Materials within the permissible use, as referred to in the provisions indicated in the preceding point.

  8. Violation of the provisions of the preceding point could constitute a violation of the law, and thus be the basis for initiating civil or criminal proceedings against persons or entities engaging in such practices.

§ 4. ACCOUNT CREATION.

  1. The creation of an Account by the Buyer requires filling out the Registration Form and clicking the confirmation button.

  2. After creating an Account in the manner referred to in the preceding point, the Buyer immediately gains access to the Account via an individual login and password. The Account in the Online Store is created for an indefinite period and its possession does not entail any financial obligations for the Buyer towards the Seller.

  3. The Account can be deleted at any time by sending a request for deletion of the Account to the Seller's email address:
    contact@orodeoro.com

§ 5. RULES FOR PLACING AND EXECUTING ORDERS.

  1. The Buyer may place an Order:

    a) within their Account after previously filling out the Order Form at any time (24 hours a day, 7 days a week) – the Buyer should fill out the Registration Form (create an Account), add Products to the Cart, fill out the Order Form and confirm the Order,

    b) by filling out the Order Form available without the need to create an Account at any time (24 hours a day, 7 days a week) – the Buyer should add Products to the Cart, fill out the Order Form and confirm the Order,

    c) to the Seller's email address: contact@orodeoro.com at any time (24 hours a day, 7 days a week) - the Buyer should indicate in the email, constituting a declaration of intent to place an Order, which Products they are ordering,

  2. Orders placed on business days from Monday to Friday after 18:00, on Saturdays after 14:00, as well as on Sundays and other statutory non-working days, referred to in the Act of 18 January 1951 on non-working days (consolidated text: Journal of Laws of 2015, item 90), will be forwarded for implementation the next business day.

  3. Confirmation of placing and accepting the Order for implementation will be sent to the Buyer by the Seller in the form of an email after placing the Order in the manner indicated in point 1 of this paragraph, subject to point 2 of this paragraph.

  4. The Sales Agreement between the Seller and the Buyer is considered concluded upon receipt by the Buyer of the email referred to in the preceding point.

  5. Orders forwarded for implementation may be canceled by the Buyer who is a Consumer until the Product is shipped.

  6. The time for completing the Order (assembling the Order and preparing it for shipment) is 24 hours, taking into account points 7 and 8 of this paragraph.

  7. The time for completing the Order, as referred to in the preceding point, may be postponed in the event of force majeure, which should be understood as inevitable, extraordinary, unpredictable circumstances beyond control, the effects of which could not be avoided despite taking all reasonable actions, for the duration of its occurrence.

  8. In case of unavailability of the Product, the Buyer is informed about it, and then may agree to extend the time for completing the Order longer than indicated in point 6 of this paragraph, or resign from the ordered Product or the entire Order.

  9. The Seller reserves the right to cancel the Order if the Buyer - despite being summoned - did not supplement the deficiencies required for effective implementation of the Order within 7 days.

§ 6. PAYMENTS.

  1. Prices given in the Online Store are expressed in EURO, are gross prices, and include all components, including VAT and other duties. However, prices do not include possible costs of delivering the Product, which are indicated before placing the Order.

  2. The total price for the Products covered by the Order, including delivery costs, is informed to the Buyer before placing the Order.

  3. Each Order is accompanied by a Proof of Purchase.

  4. The Buyer may choose one of the following payment methods for the ordered Products:

    a) Cash or card payment upon personal collection,

    b) Payment by ordinary or online transfer to the Seller's bank account – the Order is shipped no earlier than after the full amount for the Order is credited to the Seller's bank account,

    c) Payment by Visa, MasterCard, or American Express card - the Order is shipped no earlier than after a positive authorization of the full amount for the Order,
    d) Payment by Apple Pay

  5. The choice of the payment method is made by the Buyer when placing the Order.

  6. In the case of choosing one of the payment methods referred to in point 4 letters b-c of this paragraph, if the Buyer does not make the payment within 7 days from the date of confirmation of the Order, the Seller will summon the Buyer to make the payment within a period not shorter than 7 days. In case of non-compliance with the summons within the specified period, the Seller has the right to cancel the Order, informing the Buyer by email or telephone.

§ 7. DELIVERY.

  1. The Buyer may choose one of the following methods of receiving the ordered Products:
    a) delivery of the Products to the Buyer's address provided when placing the Order by the Courier.

  2. The choice of the delivery method of the shipment is made by the Buyer before placing the Order.

  3. Delivery costs are charged according to the current delivery price lists and depend on the weight and dimensions of the shipment. The Buyer is informed about the delivery costs before placing the Order.

  4. The Buyer undertakes to receive the sent Product.

  5. The Seller recommends the Buyer check the shipment in the presence of the courier. Not checking the shipment does not suspend a possible complaint, referred to in § 8 of the Terms of Service, however, if such verification is carried out, the complaint procedure will be significantly streamlined.

§ 8. COMPLAINT.

  1. The Seller is liable under the warranty for defects in the Product if a defect was found before the expiration of two years from the date of delivery of the Product to the Buyer.

  2. Minor differences in the appearance of Products resulting from individual settings of the Buyer's computer, including in particular the monitor, may not be recognized by the Seller as a sufficient basis for considering the Product complaint.

  3. In the event that the Buyer finds that the delivered Product has a defect, the Buyer is obliged to inform the Seller about it.

  4. The complaint should contain: the Buyer's data, information about the Product and the Order, a description and date of the defect of the Product, and the Buyer's request. The Buyer is also obliged to provide the original or a copy of the Proof of Purchase or other evidence confirming the purchase of the complained Product, as well as to return the complained Product so that it is possible to consider the complaint.

  5. To facilitate the complaint procedure, the Seller provides on the website of the Online Store a Complaint Form constituting Annex No. 1 to these Terms of Service.

  6. Complaints should be submitted:

    a) in paper form – personally or by correspondence to the Seller at the address: P.H.U. “KRÓL” Dariusz Król, ul. Funkcyjna 3, 15-587 Białystok, Poland.

    b) in the form of electronic mail – to the Seller's email address: contact@orodeoro.com

  7. If the data or information provided in the complaint requires supplementation, before considering the complaint, the Seller will ask the complainant to supplement it in the indicated scope.

  8. The Seller undertakes to consider a complaint submitted by the Buyer, who in the complaint requested the replacement of the Product or the removal of the defect or made a statement about the price reduction, specifying the amount by which the price is to be reduced, within 14 days from the day of its submission or supplementation by the Buyer. If the Seller in the case referred to in this point does not respond to the complaint within the indicated period, it is assumed that he considered the complaint justified.

§ 9. WITHDRAWAL FROM THE SALES AGREEMENT.

  1. The Buyer has the right to withdraw from the Sales Agreement as an agreement concluded remotely, without giving a reason, within 14 days from the date of receipt of the Product.

  2. Exercising the right referred to in the preceding point requires submitting a declaration of withdrawal from the Sales Agreement by the Buyer within the specified period:

    a) in paper form – personally or by correspondence to the Seller's address: P.H.U. “KRÓL” Dariusz Król, ul. Funkcyjna 3, 15-587 Białystok, Poland.

    b) in the form of electronic mail – to the Seller's email address: contact@orodeoro.com

  3. To facilitate the submission of a declaration of withdrawal from the Sales Agreement, the Seller provides on the website of the Online Store a template declaration constituting Annex No. 2 to these Terms of Service.

  4. Withdrawing from the Sales Agreement, the Buyer is obliged to return the Product along with the original or a copy of the Proof of Purchase or another proof confirming the purchase of the returned Product, within 14 days from the date of submitting the declaration of withdrawal from the Sales Agreement. Returns of Products covered by the declaration of withdrawal from the Sales Agreement, sent at the expense of the Seller or cash on delivery, will not be accepted by the Seller.

  5. The Buyer bears the shipping costs of the returned Product. The Seller returns to the Buyer the price of the Product and the delivery costs incurred by the Buyer when purchasing the Product no later than within 14 days from the date of delivery of the Product covered by the declaration of withdrawal from the Sales Agreement, taking into account point 7 of this paragraph.

  6. The Buyer is responsible for the decrease in the value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

  7. The Seller makes a refund using the same method of payment used by the Buyer when purchasing the Product, unless the Buyer has expressly agreed to a different method of return, which does not involve additional costs for him. However, if the Buyer has chosen a different than the cheapest ordinary method of delivery of the Product offered by the Seller, the Seller is not obliged to refund the Buyer the additional costs incurred by him.

  8. The right to withdraw from the Sales Agreement referred to in this paragraph does not apply in the case of:

    a) providing services if the Seller fully provided the service with the express consent of the Buyer, who was informed before the start of the service that after the performance of the service by the Seller, they will lose the right to withdraw from the Sales Agreement,

    b) agreements concerning benefits for which the price or remuneration depends on fluctuations in the financial market over which the Seller does not have control and which may occur before the deadline for withdrawal from the Sales Agreement,

    c) Sales Agreements, the subject of which is a non-prefabricated item, produced according to the Buyer's specifications or serving to satisfy their individualized needs,

    d) Sales Agreements, the subject of which is an item that deteriorates quickly or has a short shelf life,

    e) Sales Agreements, the subject of which is an item delivered in a sealed package, which cannot be returned after opening the package for health protection or hygiene reasons, if the package has been opened by the Buyer after delivery,

    f) special Sales Agreements, the subject of which are items that, after delivery, due to their nature, are inseparably connected with other items,

    g) Sales Agreements, the subject of which are alcoholic beverages, for which the price was agreed upon at the conclusion of the Sales Agreement and delivery can only take place after 30 days, and their value depends on fluctuations in the market over which the Seller has no control,

    h) agreements in which the Buyer expressly requested the Seller to come to them to make urgent repair or maintenance, however, if the Seller provides additional services other than those which the Buyer requested, or delivers items other than spare parts necessary for the performance of repair or maintenance - the right to withdraw from the agreement applies to the Buyer in relation to additional services or items,

    i) Sales Agreements, the subject of which are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened by the Buyer after delivery,

    j) delivering newspapers, periodicals, or magazines, with the exception of a subscription agreement,

    k) Sales Agreements concluded at a public auction,

    l) agreements for providing services in the field of accommodation, other than for residential purposes, transport of items, car rental, gastronomy, services related to recreation, entertainment, sports or cultural events, if the concluded agreement specifies the day or period of service provision,

    m) agreements for delivering digital content not recorded on a tangible medium, if the provision of the service began with the express consent of the Buyer before the deadline for withdrawing from the agreement and after being informed by the Seller about the loss of the right to withdraw from the agreement.

  9. Details concerning the use of the right to withdraw from the Sales Agreement as an agreement concluded remotely are specified in the provisions of the Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws of 2019, item 134, 730).

§ 10. PROTECTION OF PERSONAL DATA.

  1. The Seller is the Administrator of the Buyers' personal data.

  2. The Seller as the Administrator processes personal data in accordance with the provisions of the Regulation of the European Parliament and the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), the Act of 10 May 2018 on the protection of personal data (consolidated text: Journal of Laws of 2019, item 1781) and other relevant personal data protection regulations.

  3. The Buyer may consent to the Seller processing their personal data to receive the Newsletter at the email address provided by the Buyer.

  4. All detailed rules regarding the processing of personal data, including in particular the purposes and legal bases of processing and the rights of Buyers as persons to whom personal data relate, are contained in the Privacy Policy.

§ 11. FINAL PROVISIONS.

  1. The Seller reserves the right to introduce restrictions in the use of the Online Store caused by its technical service, maintenance work, or work on improving its functionality. At the same time, the Seller undertakes to make every effort to ensure that such restrictions and breaks take place at night and last as short as possible.

  2. The Seller reserves the right to change these Terms of Service. Changes come into effect at the moment clearly indicated by the Seller, no earlier than 7 days from the date of their announcement. Orders placed before the entry into force of the changes referred to in the preceding sentence will be implemented on the terms valid at the time of their submission.

  3. Any disputes between the Seller and the Buyer - subject to their mutual consent - will be resolved amicably or in the presence of an independent and impartial mediator.

  4. The Buyer may submit a complaint via the EU online ODR platform, available at the link: http://ec.europa.eu/consumers/odr/.

  5. In the absence of the possibility of amicable resolution of the dispute, the competent court is determined according to general principles.

  6. In matters not regulated by these Terms of Service, the appropriate provisions of generally applicable law apply, including in particular the provisions of the Civil Code, the Act on consumer rights, the Act on copyright and related rights, and the provisions on personal data protection.

  7. The Terms of Service are valid from 05.01.2021.

Annex No. 1 - Compliant Form

Annex No. 2 - Withdrawal Form