Terms and Conditions
§ 1
Introductory provisions
1. Lay Dynamics online store, available at the Internet address laydynamics.com, is run by Lay Dynamics Sp. z. o. o based in Szczecin, registered in the National Court Register by the 13th Commercial Department of the National Court Register of the District Court of Szczecin-Centrum in Szczecin, Poland under KRS number 0000968760, REGON 52185963800000, IN EU PL8513273204.
2. These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Store and define the rules for the use of the Store and the rules and procedure for concluding Distance Sales Agreements with the Customer through the Store.
§ 2
Definitions
1. Consumer - a private individual concluding a contract with the Seller under the Store, the subject of which is not directly related to its economic or professional activity.
2. Seller - Lay Dynamics Sp. z. o. o with its registered office in Szczecin, Poland at Cyfrowa 6 Street, postal code 71-441, registered in the National Court Register by the XIII Economic Department of the National Court Register of the District Court of Szczecin-Centrum in Szczecin, Poland under KRS number 0000968760, REGON 52185963800000, IN EU PL8513273204.
3. Customer - any entity making purchases through the Store.
4. Entrepreneur - a natural person, a legal person, and an organizational entity that is not a legal person, to which a separate act grants legal capacity, performing a business on its own behalf, which uses the Store.
5. Store - online store operated by the Seller at the Internet address laydynamics.com
6. Distance contract - a contract concluded with a Customer through an organized system of contract conclusion at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
7. Terms and Conditions - these rules and regulations of the Store.
8. Order - the Customer's declaration of intent made via the Order Form and aimed directly at concluding a Contract for Sale of a Product or Products with the Seller.
9. Account - Customer's account in the Store, it collects data provided by the Customer and information about Orders placed by him/her in the Store.
10. Registration form - a form available in the Store that allows you to create an Account.
11. Order Form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including delivery and payment methods.
12. Cart - an element of the Store's software in which the Products selected by the Customer for purchase are visible. It is possible to determine and modify the details of the Order, in particular the number of products.
13. Product - a movable item/service available in the Store, which is the subject of a Sales Agreement between the Customer and the Seller.
14. Sales Agreement - a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Online Store. The Sales Agreement is also understood - applying to the characteristics of the Product - a contract for the provision of services and a contract for work.
§ 3
Contact with the Store
1. Seller's address: Cyfrowa street 6, 71-441 Szczecin, Poland
2. Seller's e-mail address: info@laydynamics.com
3. Seller's bank account information: Credit Agricole Bank Polska S.A., IBAN: PL 38 1940 1076 3235 4702 0000 0000, SWIFT: AGRIPLPR
4. Customer may communicate with the Seller using the addresses specified in this paragraph.
§ 4
Technical requirements
In order to use the Store, including browsing the Store's assortment and placing orders for Products, the following are required:
a. terminal device with access to the Internet and an updated Internet browser
b. an active electronic mail (e-mail) account,
c. cookies enabled,
d. installed FlashPlayer program.
§ 5
General information
1. To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Internet Store with the technical infrastructure of the Customer.
2. Browsing the assortment of the Store does not require creating an Account. Placing orders by the Customer for Products in the assortment of the Store is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data to enable the execution of the Order without creating an Account.
3. Prices given in the Store are given in Euro and are gross prices (including VAT).
4. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transportation, delivery and postal services), of which the Customer is informed on the pages of the Store during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Agreement.
5. In the case of a Contract covering subscription or provision of services for an indefinite period, the final (definitive) price is the total price including all payments for the billing period.
When the nature of the subject matter of the Contract does not allow, reasonably judging, to calculate the amount of the final (final) price in advance, information about how the price will be calculated, as well as charges for transportation, delivery, postal services and other costs, will be provided in the Store in the Product description.
§ 6
Creating an Account in the Store
1. To create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: e-mail address and password to the account.
2. The establishment of an Account in the Store is free of charge.
3. Logging into the Account is done by providing the e-mail address and password established in the Registration Form.
4. The Customer shall have the opportunity to delete the Account at any time, without giving any reason and without incurring any fees for doing so, by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses specified in § 3.
§ 7
Rules for placing an Orders
In order to place an Order you should:
1. Log in to the Store
2. Select the Product that is the subject of the Order, and then click the button that adds the product to the shopping cart;
3. Log in or use the option of placing an Order without registration;
4. If the option of placing an Order without registration has been selected - fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
5. Click the "Order and pay" button,
6. Select one of the available payment methods and, depending on the payment method, pay for the Order within the specified period, subject to § 8.3.
§ 8
Delivery and payment methods offered
1. Customer may use the following methods of delivery or collection of the ordered Product:
a. Courier delivery,
2. Customer may use the following payment methods:
a. Payment by bank transfer to the Seller's account
b. Electronic payment
c. Payment by pay card.
Detailed information on delivery methods and acceptable payment methods can be found on the website of the Store.
§ 9
Execution of the Sales Agreement
1. The conclusion of the Contract of Sale between the Customer and the Seller shall take place after the Customer places an Order by means of the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
2. After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Client a relevant e-mail message to the Client's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
a. If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 1 calendar day from the date of conclusion of the Sales Agreement - otherwise the order will be cancelled.
3. In case of ordering Products with different delivery dates, the delivery date is the longest specified date.
4. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
a. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the next date of the day of crediting the Seller's bank account.
5. Delivery of the Product takes place throughout the world.
6. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Store in the "Delivery Costs" tab and during the placement of the Order, including when the Customer expresses his/her will to be bound by the Sales Agreement.
§ 10
Right of withdrawal from the contract
1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The running of the period specified in paragraph 1 shall begin from the delivery of the Product to the Consumer or a person other than the carrier designated by the Client.
3. In the case of an Agreement that involves multiple Products that are delivered separately, in batches or in parts, the period specified in paragraph 1 shall run from the delivery of the last item, batch or part.
4. In the case of a Contract that involves the regular delivery of Products for a specified period of time (subscription), the period indicated in paragraph 1 shall run from taking possession of the first item.
5. The consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the statement before the deadline.
6. The statement may be sent electronically by sending a statement to the Seller's email address or by submitting a statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on the form, the template of which is attached as Appendix No. 1 to these Regulations and the Appendix to the Act of May 30, 2014 on Consumer Rights, but it is not mandatory.
7. If the statement is sent by the Consumer electronically, the Seller shall immediately send to the Consumer at the email address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
8. Effects of withdrawal from the Agreement:
a. In the case of withdrawal from the Agreement concluded at a distance, the Agreement shall be considered not concluded.
b. In the case of withdrawal from the Agreement, the Seller shall reimburse the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, the cost of the purchased products.
c. The Seller will refund the payment using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him.
d. The Seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.
e. The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period.
f. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be sent back by courier delivery or mail in the usual manner.
g. The Consumer shall be liable only for the diminished value of the Product resulting from the use of the Product in a manner other than necessary to ascertain the nature, characteristics and functioning of the Product.
9. If, due to the nature of the Product, it cannot be returned by ordinary mail, information about this, as well as about the cost of returning the Product, will be located in the description of the Product in the Store.
10. The right of withdrawal from a contract concluded at a distance is not granted to the Consumer with respect to the Contract:
a. in which the subject of the performance is a non-refabricated thing, produced according to the Consumer's specifications or serving to meet his individualized needs,
b. in which the subject of performance is an item supplied in sealed packaging, which cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery,
c. in which the subject of performance is a perishable item or an item with a short shelf life,
d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service, that after the performance by the Seller will lose the right to withdraw from the Agreement,
e. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline for withdrawal from the Agreement,
f. in which the subject of performance are things which, after delivery, by their nature, are inseparably combined with other things,
g. in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, and the delivery of which can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control,
h. in which the subject of the provision are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery,
i. for the supply of newspapers, periodicals or magazines, except for a subscription contract,
j. for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the Contract,
§ 11
Complaint and warranty
1. The Contract of Sale covers new Products.
2. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code.
3. Complaint should be reported in writing or electronically to the addresses of the Seller given in these Regulations.
4. It is recommended to include in the complaint, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer submitting the complaint, and the Customer's demand with regard to the defect of the goods.
5. Goods sent back under the complaint procedure should be sent to the address Cyfrowa 6, 71-441 Szczecin, Poland.
6. If a warranty has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store.
§ 12
Out-of-court ways of handling complaints and pursuing claims
"Detailed information on the possibility of the Consumer to use out-of-court ways of handling complaints and pursuing claims, as well as rules of access to these procedures are available at the offices and websites of the district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and
http://www.uokik.gov.pl/wazne_adresy.php."
The consumer has the following examples of out-of-court ways of dealing with complaints and claims:
The Consumer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
The Consumer is entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
The Consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).
§ 13
Personal data in the Store
1. The administrator of Customers' personal data collected through the Online Store is the Seller.
2. Customers' personal data collected by the administrator through the Online Store are collected for the purpose of implementing the Sales Agreement, and if the Customer agrees - also for marketing purposes.
3. Recipients of personal data of Customers of the Online Store may be:
a. In the case of a Customer who uses the method of delivery by mail or courier service in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.
b. In the case of a Customer who uses an electronic or credit card payment method in the Online Store, the Administrator shall make the collected personal data of the Customer available to a selected entity handling the above payments in the Store.
4. The Customer has the right to access the content of his data and to correct them.
5. Provision of personal data is voluntary, although failure to provide the personal data indicated in the Terms and Conditions necessary for the conclusion of the Sales Agreement results in the inability to conclude this agreement.
§ 14
Final Provisions
1. Contracts concluded through the Online Store are concluded in the Polish language.
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws, changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
3. Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Law on Provision of Electronic Services; the Law on Consumer Rights, the Law on Personal Data Protection.
4. The customer has the right to use out-of-court ways of processing complaints and claims. For this purpose, he may file a complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.