Terms and conditions

 

The contract finalization between Buyer and the Seller may proceed in two different ways.

Buyer has the right to negotiate any law included by the Seller and suggest changes of the below terms and conditions. Any negotiation shall be conducted in written form send on Sellers address (OTITU.PL ul. Myśliborska 21 Street, 66-400 Gorzów Wlkp.).

In case the Buyer resigns from concluding an individual contract, the below terms and conditions and regulations of law enters into force.


TERMS AND CONDITIONS

§1 Operative terms

1. Shipping address - including first and last name or the company name, city (if the city/town has a precise address than include: street, building number, apartment number; if the city/town has no detailed address include: name of the city and building number), post code and city name.

2. Address for complaints:

OTITU.PL
ul. Myśliborska 21
66-400 Gorzów Wlkp.

3. Shipment fee - enter address to find out the details about delivery methods and their prices.

4. Contact:

OTITU.PL

Myśliborska 21

66-400 Gorzów Wielkopolski
e-mail: shop@otitu.com

5. Delivery - shipment service by a selected carrier including service price list available at
https://otitu.com/Shipping-costs-cabout-eng-55.html

6. Proof of purchase - invoice, bill or receipt provided in accordance with the Act of VAT from March 11, 2004 including its further amendments.

7. Product page - single page of the online store that includes information about a single product.

8. Customer - adult legal person having law capacity, legal person or entities without legal personality but having capacity to perform acts in law such as purchasing goods at Sellers conducting business activities.

9. Civil Code - the provisions of the Civil Code Act dated April 13, 1964 including further amendements.

10. Code of practice - list of rules and personal and professional conduct included in Art. 2 pt. 5 of the Act on Combating Unfair Competition from August 11, 2007 including its further amendments.

11. Consumer - adult legal person having law capacity, having capacity to perform acts in law such as purchasing goods at Sellers conducting business activities.

12. Shopping cart - a list of products which the Buyer collects in order to place an order.

13. Buyer - refers to both, a Consumer and Customer.

14. Place of issue - precise address or pick-up point provided by the Buyer.

15. Parcel reception - the moment when the Buyer or person addressed by the Buyer receives the parcel including purchased goods and becomes its owner.

16. Payment - manner of paying for purchased items and delivery included in the contract

17. Consumer law - act on consumer rights from May 30, 2014.

18. Product - minimal and indivisible item number which is the subject of the contract available in the Seller's online store as unit of measure to define its price (price/measure unit).

19. Subject matter - products and delivery service are the subject matter.

20. Subject of contractual obligations - products included in the contract.

21. Pick-up point - delivery location that isn't a Customer address location. All pick-up point are listed by the Seller at the online store website.

22. Item - an movable good that may be the subject matter.

23. Online Store - online service available at otitu.com which enables a Customer to place an order.

24. Seller:

OTITU.PL

ul. Myśliborska 21

66-400 Gorzów Wlkp.

NIP 599-31-80-500, Regon 363670423,

Bank Account: ING Bank Śląski.

PL07 1050 1911 1000 0090 3084 5045

25. System - a combination of IT technology and software that perform data processing and storage including sending and receiving it via telecom to a destination end point, also refered to as the Internet.

26. Execution time - hours or days presented on the Product page.

27. Contract - a contract concluded outside the Seller's business headquarters or remotely as referred to in Consumer Law from May 30, 2014 and the contract for Buyers referred to in Art. 535 of the Civic Law from April 23, 1964.

28. Defect - physical or legal defect.

29. Physical defect - incompatibility of the contract product and in particular if the item:

1. it does not have the property which this kind of item should have in view of the purpose of the contract as determined either by circumstance or by

    purpose;

2. there are no properties that the Seller has informed the Consumer about,

3. is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract and the Seller did not raise any objection to

    such a destination;

4. was issued to the Consumer in incomplete state;

5. in the event of improper installation and commissioning, if these activities have been performed by the Seller or any third party for which the Seller is

    responsible or by the Consumer who has acted in accordance with the instructions received from the Seller;

6. the item does not possess the qualification provided by the manufacturer or his representative or the person who trades the item within his business and

    the person who, by affixing the name, trade mark or other distinctive signs identifies himself or herself as the manufacturer, unless the Sellers of these

    assurances did not know them or could not reasonably be aware of, or could have no influence on the Consumer's decision to conclude the contract, or if

    their content was corrected prior to the conclusion of the contract.

30. Legal fault - refers to a situation when the item is sold as the property of a third party or is subject to a third party's right, or if the restriction of use or disposal of the item results from a decision of the competent authority.

31. Order - statement of the will of the Buyer made through the online store clearly defining: type and quantity of products; delivery type; payment method; Place of issue, Buyer's personal/business data aiming directly to enter into an agreement between Buyer and Seller.

 

§2 General conditions

1. The contract is concluded in Polish, in accordance with Polish law and these Terms and conditions.

2. Place of issue must be located in the territory of the European Union . For logistical reasons, it is not possible to pick up ordered products at the company's premises. For more details, see the product data sheets or the " Shipping information " tab.

3. The Seller is obliged to provide the service and deliver the goods free from defects.

4. All prices quoted by Seller are articulated in gross prices (including VAT) of the Polish currency. Product prices do not include the cost of delivery which is specified in the price list.

5. All terms are calculated according to art. 111 of the Civil code, that is the deadline presented as days, ends with the end of the last day, and if the beginning of the period is marked as a certain event, the day is not taken into account when calculating the period in which this event occurred.

6. Confirmation, availability, consolidation, securing of any material provisions of the agreement in order to gain access to this information in the future shall be in the form of:

1. confirmation of the order by sending e-mail on the provided e-mail address: order, pro forma invoice, information on the right of withdrawal, these

    regulations in pdf version, pdf version of withdrawal form template, links to download the rules and withdrawal template;

2. attachment to the completed order, sent to the indicated place of issue of printed matters: the proof of purchase, the information on the right of

    withdrawal, these rules, the template of the withdrawal form.

7. The Seller shall inform of any warranty provided by third parties for the products in the online store.

8. The Seller shall not charge any fees for communication with him by means of distance communication and the Buyer shall bear its costs in the amount resulting from the contract he has entered into with a third party providing its services with a remote communication service.

9. Seller provides the Buyer with a flawless operation of the online store system via 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 versions of Java and Flash, on screens with a resolution of horizontal above 1024 px. Use of third-party software that may impact on the functionality of the following browsers: Internet Explorer, Firefox, Opera, Chrome, Safari may affect the correct display of the store, so in order to get the full functionality of the OTITU.PL website, please turn them all off.

10. The Buyer may use the option of saving his data by the online store to facilitate the process of submitting future order. In order to do so, the Buyer should provide the login and password required to access his account. Login and password are a string of characters set by the Buyer, which is obliged to keep them secret and protect them from unauthorized access to third parties. The Buyer has access and the ability to edit, update or delete his personal data or to remove the online store account.

11. The Seller applies to the Code of Good Practice

12. Payment methods:

Bank Transfer - when choosing the "transfer" payment method, the amount of receivables for the order should be transferred to the Bank Account.

Online transfer (PayByNet) - Payments are made via paybynet.pl online payment system, the debit card operator is the National Clearing House with its

   registered office at rtm. W. Pilecki Street 65, 02-781 Warsaw.

• Online transfer (Dotpay.pl) - Settlement of transactions by credit card and e-transfer are carried out via Dotpay.pl , the payment operator is the Dotpay Sp. z o.o. with its

   registered office at ul. Wielicka 28 b, 30-552 Kraków.

 

§3 Conclusion of the contract and fulfillment

1. Orders can be placed 24 hours a day.

2. In order to place an order, the Buyer shall perform at least the following actions, some of which may be repeated:

1. placing the good in the shopping cart;

2. selecting the shipping method;

3. selecting the payment method;

4. providing the delivery address;

5. Placing an order in the store by using the "Order with obligation to pay" button.

3. Conclusion of an agreement with the Consumer comes to force after placing an order.

4. Fulfilment of the Consumer's order charged on Cash On Delivery is proceed immediately. Bank transfer or via electronic payment system are fulfilled after the payment is received on the Seller's account, which should be made within 30 days after placing the order, unless the Consumer was unable to finalize the payment for no default of his and inform the Seller.

5. Conclusion of an agreement with the Customer takes place at the moment of acceptance of the order by the Seller, which shall notify the Customer within 48 hours since ordering.

6. Execution of the Customer's COD order shall be made immediately after the conclusion of the Contract. Bank transfers or electronic payments will be made immediately after registering the payment on the Seller's account.

7. Execution of the Customer's order may be subject to payment of all or part of the value of the order or obtaining the merchant credit limit of at least the value of the order or consent of the Seller to send the order for collection (COD).

8. The subject of the contract is sent within the deadline specified on the product page, for multi-product orders within the longest deadline specified on the product page. The period starts with the date of finalizing the order.

9. Purchased item of the contract is accompanied by a document of sale sent to the Buyer by selected delivery type specified by the Buyer, together with enclosed appendices referred to in §2 point 6b.

 

§4 Right to withdraw the contract

1. The Consumer is entitled, pursuant to Art. 27 of Consumer Law to withdraw from a distance contract without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 of the Consumer Law.

2. The term of withdrawal shall be 14 days from the date of issue of the item, and it shall be sufficient to send the statement before expiry of the term.

3. Declaration of withdrawal may be submitted by the Consumer by special form which is the annex no. 2 to the Consumer Law. The form is available at:

or in another form consistent with Consumer Law.

4. The Seller will promptly confirm after receiving declaration of withdrawal (given at the conclusion of the contract and other if stated in the submitted statement) to the Consumer via e-mail.

5. In case of contract withdrawal, the contract is declared void and invalid.

6. Consumer is obliged to promptly hand over the goods to the Seller within 14 days starting the day of contract withdrawal. It is enough to return the item before it expires.

7. The Consumer shall return the goods being subject to the contract from which he has withdrawn at his own expense and risk.

8. The Consumer does not bear the cost of providing digital content that is not recorded on a material medium unless he has given his consent to the performance of the benefit before the expiration of the withdrawal period or has not been informed of the loss of his right of withdrawal at the time such consent is given or the Seller did not provide confirmation in accordance with art. 15 section 1 and art. 21 section 1. Of the Consumer rights.

9. The Consumer is responsible for reducing the value of the item which is the subject of the contract and resulting from the use of it in a manner beyond what is necessary to establish the nature, characteristics and functioning of the thing.

10. The Seller shall, without any delay, within 14 days of the date of receiving the statement of withdrawal from the Consumer, return any payment made by him, including the delivery of the goods, and if the Consumer has chosen a delivery other than the standard delivery available method, the Seller will not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law.

11. The Seller shall reimburse the payment using the same method of payment as used by the Consumer, unless the Consumer expressly agrees to another payment method which does not involve additional cost to the Consumer.

12. The Seller may refrain from returning the payment received from the Consumer until the item is returned or the Consumer delivers a proof of its returning, whichever occurs earlier.

13. Consumer cannot withdraw from the contract according to Art. 38 of Consumer Law if:

1. the price or compensation depends on the financial market where the Seller has no impact and that may occur before the expiration date of the contract

   withdrawal;

2. the goods are non-prefabricated, manufactured according to the Consumer's demand or to meet individual expectations of the Consumer.

3. the goods are determined as liable to deteriorate or expire rapidly or goods that have a short expiration date;

4. the subject of contractual obligations refers to a good delivered in a sealed package which after opening cannot be returned in order of health and

    hygiene safety if the package has been opened after delivery;

5. the subject of contractual obligations refers to goods that afeter delivery are assembled with other items;

6. the subject of contractual obligations refers to AV goods such as music, video or PC software delivered in sealed package that were opened after delivery;

7. the subject of contractual obligations refers to software delivered online, if the obligation were fulfilled after Consumer acceptance before contract

    withdrawal period and after being informed by the Seller about loss of the rights to withdraw the contract;

8. the subject of contractual obligations refers to periodicals, magazines excluding subscription plans.

 

§5 Warranty

1. According to the Art. 558 §1 of the Civic Law the Seller disclaims Customers in respect of physical and regulated defects (warranty).

2. Seller bear the Consumer's costs according to art. 556 of the Civic Law and other costs concerning defects (warranty).

3. In case of agreement with Consumer, if the physical defect has been stated within the first year after purchase it is assumed that the defect had existed at the moment of ownership transition to Consumer.

4. If the good is faulty, the Consumer can:

1. submit a price lowering stance;

2. submit a contract withdrawal notice;

unless the Seller will immediately replace faulty goods to a new one or remove the flaw. If the goods were already replaced or repaired by the Seller or the Seller has not replaced the good or repaired it, the Consumer is not entitled to replace or repair the good's.

5. Consumer may claim to have the good replaced on a new one when the Seller offers to repair the defect, unless the repair is impossible or includes exceeding costs in comparison to the solution offered by the Seller, wherewith the exceeding cost evaluation includes the value of goods, type and meaning of the defect and inconvenience the Consumer is exposed to.

6. Consumer can't withdraw the contract if the defect is irrelevant.

7. If the good has a defect, the Consumer can:

1. claim to have the good replaced to a new one;

2. claim a removal of the defect.

8. Seller shall replace the defected goods on a new one or repair it during a reasonable time period and without any inconvenience to the Consumer.

9. Seller may refuse to reciprocate the Consumer if the repair of the goods include exceeding costs or is impossible in comparison to the requested by the Consumer solution.

10. In case the defected goods have been assembled, Consumer may claim to reassemble the replace goods to a free of defects installation but may be charged by part of exceeding costs of the goods price or may claim to have the costs of reassembling service covered by the Seller. If the claim has not been executed by the Seller, the Consumer is authorised to proceed these activities at the cost of Seller.

11. Consumer who uses the warranty rights is obliged to deliver the defected goods to the dedicated claim address at the cost of Seller. If the delivery turns to be difficult or impossible, the Consumer shall enable the Seller to proceed with the repair service at the location where the good is situated. If the claim has not been executed by the Seller, the Consumer is authorised to proceed these activities at the cost of Seller.

12. Replacement or repair costs are covered by the Seller except situation mentioned in §5 pt. 10.

13. Seller is obliged to accept the Consumer defected goods in order to replace the goods or withdraw the contract.

14. Seller shall take a stance within 14 days to:

1. price lowering stance;

2. contract withdrawal notice;

3. request to replace the goods with flaw;

4. request to repair the flaw;

15. Otherwise, the Consumer's complaint or request is recognized as accepted.

16. The Seller is liable under the warranty if a physical defect is discovered within two years from issuing the Goods to the Consumer and if the object of sale is used within one year from issuing the Goods to the Consumer.

17. Consumer's claim for the removal of a defect or exchange of a defective item shall expire within a year from the date of determining a defect, however, not earlier than two years after the issuing of the item to the Consumer, and if the item is exploited before the end of the year since the issue of the item to the Consumer.

18. When the expiry date to use the item ends after the expiration of two years from the date of item delivery to the Consumer, the Seller shall be liable for the physical defect of that item found before the expiry of that period.

19. Within the deadlines set forth in §5, points 15-17, the Consumer may make a declaration of withdrawal or price reduction due to a physical defect of the sold item, and if the Consumer requests replacement of the item free of defects or removal of the defect, the time limit for submitting a statement of withdrawing from the contract or lowering the price starts with the expiry of the time limit for item replacement or defect removal.

20. If one of the rights under the warranty is enforceable before the court or arbitration court, the time limit for exercising other powers vested in the Consumer, shall be suspended until the end of the proceedings. The same applies to mediation proceedings, but the time limit for enforcing other warranty rights granted to the Consumer begins to run from the date the court rejects the settlement concluded before the mediator or since the mediation has ended unsuccessfully.

21. §5 point 15-16 shall apply to the exercise of rights under the warranty of a disposed item, except that the period of time begins with the date on which the Consumer learned of the existence of the defect and if the Consumer has been informed about the existence of the defect as a consequence of a third-party action from the date, on which the judgement given in the dispute with a third party has become final.

22. If due to a defect, the Consumer has made a declaration of withdrawal or price reduction, he or her may claim compensation for the damage he or she suffered by contracting without knowing of the existence of the defect, even if the damage was a consequence of circumstances beyond the control of the Seller such as the costs of collection, transportation, storage and insurance of the goods, return of the expenditure made to the extent that he or her did not benefit from them, did not received a refund from the third party or reimbursement of the process costs. This does not prejudice the obligation to pay compensation under general principles.

23. The expiry of any time to declare a defect does not exclude the performance of rights under the warranty, if the Seller has fraudulently concealed.

24. The Seller, if he is obliged to provide financial services to the Consumer, will execute them without undue delay, no later than the date specified in the law.

 

§6 Privacy policy and personal data security

1. The Seller is the administrator of database created by Consumer's personal data collected by the online store.

2. Seller is obliged to protect personal data in accordance with the Personal Data Protection Act from August 29, 1997 and Act on Rendering Electronic Services form July 18, 2002. Buyer provides Seller with his or her personal data when ordering thereby expressing consent to process them by Seller in order to carry out the order. The Buyer has access to edit, update or delete his personal data.

3. Detailed rules for the collection, processing and storage of personal data used for order processing by the store are described in the Privacy Policy located at:

 

§7 Final provisions

1. Non of provisions in these Terms and conditions are not intended to affect the rights of the Buyer. It shall not be interpreted this way in case of nonconformity of any section of the terms and conditions to the applicable law. Seller rigorously comply with the law in place of the disputed rule of the terms and conditions.

2. The Buyer will be informed by electronic means (indicated at registration or order e-mail) about any changes in the terms and conditions. Notification will be sent at least 30 days before entering into force of the new regulations. Amendments will be introduced to adjust the rules to the legal status in force.

3. The current version of the terms and conditions is always available to Buyer at Terms and conditions tab - these are in force during the order processing and after-sale care period as he or she accepted when placing the order. Except situations where the Consumer considers it as less favorable than the current one, he shall inform the Seller of the current selection as valid.

4. In matters not covered by these terms and conditions, appropriate and obligatory legislation shall apply. Disputed issues, if the Consumer expresses such will, is solved by way of mediation proceedings in front of Voivodeship Inspectorates of Trade Inspection or a court trial at the Voivodship Inspectorate of Trade Inspection or by equivalent and pre-trial methods of resolving disputes specified by the Consumer. As a last resort, the case is adjudicated by the applicable law court.

 

§8 Warranty

1. The shop is responsible for selling a high-quality product in accordance to the Civil Code of Warranty
2. Reporting of product that does not comply to these terms should be sent to: shop@otitu.com
3. The shop will investigate the product and will inform the customer of the necessary actions to be taken within 14 working days.

§8 Termination of the contract

1.The buyer, being a consumer, may terminate the contract for no given reason, providing such a statement within 14 days of receiving the product.
2.To excercise this right, the customer should send a statement to this effect to the following email address: shop@otitu.com
3. The shop will return the customers payment within 14 days of recieving the statement of termination, and will return all payments made by the customer, including postage costs – Using the same payment method as the customer, unless the customer agrees to another payment method that does not carry a charge to the customer.
If the customer returns the item by any other means other than the cheapest possible return postage, the shop is not liable to return the postage costs for the return of the product.
4. The customer must return the unwanted product in its original condition within 14 working days.

 

 

 

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