- Terms of Services – these Terms of Services provided by electronic means within the internet shop: com .
- Sale Agreement – sale agreement of Goods within the meaning of the Polish Civil Code, concluded between Adam Salawa TAURUS and the Client, concluded with usage of the internet Shop.
- Goods– products presented in the Internet Shop.
- Act on Consumer’s rights – Act of Parliament of May 30, 2014 on consumer’s rights (Journal of Laws of 2014, pos. 827).
- Act on rendering services by electronic means – Act of Parliament of July 18, 2002 on rendering services by electronic means (Journal of Laws 2002, No 144 pos. 1204 with amendments).
- The Order – statement of the will made by the Client, aimed directly on conclusion of the Sale Agreement, defining in particular: type and amount of the Goods.
2. SELLERS DETAILS
- Internet Shop com is operated via internet site within domain: taurustelescopes.com (hereinafter referred as the Internet Shop or the Shop). Owner of the Shop: Adam Salawa, running commercial activity under as Adam Salawa TAURUS, address: Rajmunda Bergela 66, 32-400 Myślenice, Poland. NIP (tax identification number): 6811796674, REGON (national statistic number) : 120993040 Contact: firstname.lastname@example.org or phone: (+48) 602 282 838.
3. GENERAL PROVISIONS
- These Terms of Services provide terms and conditions of sale of products offered by the internet Shop com (hereinafter referred as: the Product or the Products).
- Transaction rendered through the internet Shop taurustelescopes.com is carried out via the internet network, in form of an agreement concluded at distance between: Taurus firm, represented by Adam Salawa who runs individual commercial activity as „Adam Salawa TAURUS” (henceforth referred to as: the Seller) and the the buyer ordering the Product (henceforth referred to as: the Client). Transactions are handled in Polish language.
- Acknowledgment and acceptance of these Terms of Services is a precondition to start using the internet shop taurustelescopes.com.
- In accordance with binding laws Taurus firm reserves for itself possibility to restrict rendering of services via the internet Shop with respect to persons who have not finished 18 years. In such a case potential Clients shall be notified about the above restriction.
- Usage of the internet shop is possible under the condition that the system used by the Client fulfils following minimal technical criteria: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the newest JAVA and FLASH installed, on screens with vertical resolution above 1024 pixels.
- These Terms of Services are accessible at all times by link placed on the homepage of the site: taurustelescopes.com.
- Informations about goods placed on the internet sites of the Shop, in particular their descriptions, technical and parameters of use as well as prices, constitute an invitation to conclude agreement within the meaning of art. 71 of the Polish Civil Code.
- Photographs of the Goods provided on the internet sites of the Shop are exemplary and are used to present particular models as indicated thereon. Photographs and descriptions provided by individual Goods come from Taurus firm.
- Information on a price as provided on the website is binding until the moment of obtaining by the Client an e-mail with final confirmation of all substantial elements of the order, until the end of the order execution. The above price shall not be changed, notwithstanding changes of prices in the Shop, that may occur with respect to particular Goods after the Client has obtained the e-mail mentioned above.
- All Products available at the internet Shop are original, factory new (free of flaws) and comply with binding standards and requirements.
4. RULES ON USING THE SHOP
- Placing Orders in the Internet Shop is subject to prior registration within the Shop.
- Registration is done by filling in a registration form, made available on one of the Shop pages.
- Registration means acceptance of the Terms of Services of the Shop.
- Taurus may deprive the Client of the right to use he Internet Shop, effective immediately, in case of breach of the Terms of Services by the Client, in particular when the Client:
- has provided during registration in the internet shop data that it false, imprecise or not valid, misleading or infringing rights of third parties,
- has committed via the internet shop an infringement of personal rights of third parties, in particular personal rights of other clients of the internet shop.
- Taurus undertakes obligation to protect personal data in accordance with the Act of Parliament on protection of personal data of August 29, 1997 and with the Act of Parliament on rendering services by electronic means of July 18, 2002. By providing at the Order placement his/hers personal data the Buyer gives consent to data processing by the Seller in order to execute the placed Order. They Buyer is entitled at any moment to access, correct, update and remove his/hers personal data.
- The Client is in particular obliged to:
- not to undertake any actions such as: sending or placing within the internet Shop unsolicited trade information (spam);
- use any content placed within the internet Shop solely for his/her own personal usage;
- use the internet Shop in way comprising with legal regulations binding on the territory of the Republic of Poland, provisions of these Terms of Services as well as with general rules of using the Internet network.
5. CONCLUSION OF SALE AGREEMENT
- An Order may be placed 7 days a week throughout all 24 hours / day.
- In order to conclude the sale Agreement via the Shop one needs to enter the internet website: taurustelescopes.com , make choice of the Goods and undertake further technical steps based on messages prompted to the Client.
- Choice of the Goods by the Client is done by adding them to the shopping basket.
- During placing the Order – up to the moment of pressing button „I buy and pay” – the Client has possibility of modifying entered data as well as choice of the Goods. In order to do the above the Client should follow information prompted on the screen and information accessible on the website.
- After providing by the Buyer all necessary data and pressing the button „I buy and pay”, summary of the placed Order will be prompted on the screen.
- Summary of the placed Order will include information on the following: subject and number of the order, particular and summary prices of ordered products, costs of delivery, payment methods and means of delivery.
- In order to send the Order it is necessary to accept content of the Terms of Services and pressing the button „I buy and pay”.
- After placing the Order the Client will receive an e-mail message with title „Your confirmation to the order”, including final confirmation of all substantial elements of the Order and bank account number into which the Client should make payments (if bank transfer is chosen as form of payment).
- The Agreement is considered to be concluded with the moment of obtaining by the Client an e-mail message as described above.
- The sale Agreement is concluded in Polish, with its content complying with the Terms of Services.
- Delivery of the ordered Goods will be done by means of own transport, courier package or by own pick up. Delivery costs are provided at the site „Delivery” and during playing of the Order.
- Time limit of delivery of the Goods available at the storage is 5 working days. Counted from the day of payment reaching bank account.
- Time limit of delivery of the Good „on demand” is 3-5 working days, counting from the finish of production time.
- Production time is given on the site of a product and takes from 1 to 20 weeks.
- In individual cases the Client and Taurus may establish other time limit of delivery.
- In case of change of delivery or pickup dates the Taurus firm shall inform the Client by e-mail or by phone, not later than 7 days before the time limit elapses.
- At pickup of the package the Client is obliged to check the package as to about its completeness and in case of its mechanical damage or lack of completeness the Client is obliged to put down in writing damage protocol at the presence of the courier. The protocol has to be written in two identical exemplars and signed by the Client and the courier.
7. PRICES AND MEANS OF PAYMENT
- All prices of Goods are provided in Polish zloty and include VAT tax.
- The Buyer has possibility of choosing among the following means of payment:
- bank transfer into the following bank account:
PL 07 1140 2004 0000 3412 0666 0932 BIC:BREXPLPWMBK – EURO
- bank transfer into the following bank account:
PL 14 1140 2004 0000 3602 6357 4522 BIC:BREXPLPWMBK – PLN
- cash payment at the pickup of delivery.
- bank transfer into the following bank account:
- Payment due for the Goods „On demand” shall be done within two steps:
- Payment of 30% prepayment of the value of goos included in the Order
- Payment of the remaining part up to the full price of goods in the Order (including delivery/shipment costs) within time limit as provided under p. 4 hereunder.
- Payment up to the full amount of the Order should be done not later than within 5 days from obtaining by the Client the information on readiness of the Order to be delivered to the Client. The payment is to be done by bank transfer to the following account: PL 07 1140 2004 0000 3412 0666 0932 or PL 14 1140 2004 0000 3602 6357 4522 or by cash at the personal pickup of the ordered Goods by the Client.
- If payment method described under p. 2 A of this paragraph is chosen, if the Client does not make payment within 5 calendar days from the date the Ordered has been confirmed, the Seller shall summon the Buyer to make payment. In case of further lack of payment the Seller is entitled to cancel the Order, informing the Client by mail or by phone.
8. RIGHTS TO WITHDRAW FROM THE AGREEMENT
- The Buyer who is a consumer within the meaning of art. 22 of the Polish Civil Code (Journal of Laws of 2014, pos. 121 with changes) has the right to withdraw from the agreement concluded on distance, without giving any reason, within 14 days from receiving the Product.
- The above right does not apply to the Buyer in case of the agreement:
- in which the price of the Goods depends on fluctuations on a financial market, over which we do not have control and which amy occur before the end of time limit as provided for withdrawal from the agreement;
- in which subject of the contract is a product not fabricated, produced on individual demand;
- in which subject of the contract are things that after delivery, due to their character, shall be irrevocably bound with other things;
- on rendering services, if the Seller has rendered the service fully at expressed consent by the Buyer, who has been informed before start of rendering the service that after its fulfilment by the Seller he (the Buyer) shall loose right to withdraw from the agreement.
- For legally effective withdrawal from the agreement, as described under p. 1 of this paragraph, a written statement by the Client is required, sent by e-mail or by regular mail, within provided by the law 14 days period counted from pickup of the package.
- The Buyer, upon withdrawal from the agreement, is obliged to return the Product in unchanged state altogether with the Proof of purchase or its copy within 14 days from the date of placing withdrawal.
- Costs of sending back the returned Product rests with the Buyer.
- The buyer bears responsibility for diminish of the value of the Product resulting from its usage exceeding means necessary to establish character, features or functioning of the Product.
- The Seller herewith undertakes obligation to return price of the Product and costs of delivery of the Product to the Buyer immediately, not later than within 14 working days.
- The Seller reserves for himself possibility of withstanding return of the payment until receiving the sold Goods back.
- The Seller returns payment by using the same means of payment as used by the Buyer, unless the Buyer expressly agreed on other means of refund, which does not create additional costs for him.
- Had the Buyer chosen other than the cheapest ordinary mean of delivering the package as offered by the Seller, the Seller shall not be obliged to refund to the Buyer additional costs bore by him.
- The Seller is responsible on grounds of warranty for defaults if the default has been established before 2 years from handing the Product over to the Buyer.
- The Seller advises that the package is being checked at the presence of the employee of the courier company. Lack of inspection does not withhold possible complaint, however in case of carrying out such a verification the complaint procedure will be significantly enhanced.
- In case of establishing that the Product has a default, the Buyer is obliged to inform the Seller thereof.
- The complaint should include description of default of the Product, date of its infliction and demand/claim of the Buyer.
- The Product subject to complaint should have Proof of the purchase enclosed.
- The Buyer is obliged to send back the Product subject to complaint at his own expense. In case of the complaint being accepted costs of sending back shall be refunded.
- Complaints resulting from infringement of the Client’s rights warranted by law or by these Terms of Services should be sent to the following address: email@example.com . Taurus obliges itself to see into each complaint within 14 days, had that not been possible – to inform the Client within said time about when the complaint will be decided upon.
10. PROTECTION OF PERSONAL DATA
- Personal data are processed by the Seller solely in order to render services described in 1 p. 4 of these Terms of Services.
- Personal data of the Buyer shall not be revealed to other persons nor institutions for marketing purposes without obtaining Client’s expressed consent.
- They Buyer is entitled at any moment to access his/hers personal data in order to verify them, modify ore remove from the Seller’s database.
11. FINAL PROVISIONS
- None of provisions of these Terms of Services is aimed to infringe rights of the Buyer. None of them may be likewise interpreted, since in case of nonconforming of any part of these Terms of Services with binding law the Seller herewith declares absolute subjugation and compliance with the law which replaces questioned regulation of the Terms of Services.
- The Seller reserves himself the right to introduce limitations on use of the internet Shop caused by its technical servicing, maintenance works or upgrading its functionality. At the same time the Seller undertakes obligation to put best efforts in order for those breaks to take place during night hours and that they take as short as possible.
- The Seller reserves himself the right to change the Terms of Services. Changes come into force at the moment expressly stated by the Seller, not sooner however than after 7 days of their announcement. Orders placed before an above mentioned change comes into force, shall be executed based on grounds binding at the moment of the Order being placed.
- Ruling on potential disputes between Taurus and the Client who is a consumer within the meaning of art. 22 of the Polish Civil Code shall be put forth before courts proper due to applicable regulations of the Polish Code of Civil Procedure.
- In matters not regulated within these Terms of Services proper legal regulations of the Polish law apply, in particular the Act of Parliament of April 23, 1964 – the Civil Code (Journal of Laws 2014, pos. 121 with amendments), Act of Parliament of May 30, 2014 on consumer’s rights (Journal of Laws 2014, pos. 827) and Act of Parliament of July 18, 2002 on rendering services by electronic means (Journal of Laws 2002, No 144 pos. 1204 with amendments) and other applicable laws.
These Terms of Services are binding for transactions concluded from December 20, 2016 onwards.