Terms and Conditions

Online Shop Terms and Conditions

I. PRELIMINARY PROVISIONS

  1. The Online Shop Terms and Conditions specify the conditions of sale and provision of services within the online shop run at www.smartmemories.pl by the company Smart Memories sp. z o.o.with its seat in Brzumin 4E (05-530), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the City of Warsaw. of Warsaw in Warsaw, 14th Commercial Division of the National Court Register, under KRS number: 0001007959, NIP [Tax ID No.] 1231523767, REGON [National Business Reg. No.] 523923547.
  1. These Terms and Conditions are available on the Shop’s website in such a way that their content can be obtained, reproduced and recorded by printing it or saving it on a data carrier at any time, and are made available to the Customer after the conclusion of a contract in a manner that allows access to them in the future.
  2. The services and sales of the online shop are addressed to consumers and entrepreneurs.
  3. The glossary of terms contained in the Terms and Conditions:
  • working day – any day of the week from Monday to Friday, excluding public holidays;
  • Customer – a natural person with full legal capacity, natural person conducting business activity, legal entity or organisational unit without legal personality to which special regulations grant legal capacity, who enters into a sales contract;
  • product – goods presented in the Online Shop, being movable items and intended for sale;
  • Terms and Conditions – this document;
  • • registration – a single action, consisting in the creation of an account by the Customer, made using the registration form on the Shop’s website;
  • Online Shop – the online shop run by the Seller and available at the address www.smartmemories.pl
  • seller – – the company Smart Memories sp. z o.o. with its seat in Brzumin 4E (05-530), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the city of Warsaw. in Warsaw, 14th Commercial Division of the National Court Register, under KRS number: 0001007959, NIP [Tax ID No.] 1231523767, REGON [National Business Reg. No.] 523923547;
  • sales contract – a sales contract within the meaning of the Civil Code, concluded by and between the Customer and the Seller as a result of an order;
  • User – each individual Internet user who uses electronic services provided by the Online Shop;
  • order – a declaration by the Customer, made via the electronic order form, constituting an offer to conclude a sales contract for a product presented in the Online Shop.
  1. The seller has the right to organize occasional contests and promotions, the terms and conditions of which will be stated each time in the regulations on the store’s website.
  2. Contracts concluded within the Shop are in the Polish language.

II. RULES OF USE OF THE ONLINE SHOP

  1. In order to use the Online Shop, the following requirements must be met by the User’s ICT system:
  • Internet access;
  • web browser: Firefox, Microsoft EDGE, Chrome, Opera, Safari, IOS Safari;
  • cookies and Javascript enabled in the web browser,
  • program to read and save PDF files.
  1. The use of electronic services, may involve risks on the part of any user of the Internet, consisting of the possibility of introducing into the user’s information and communication system, malicious software and the acquisition and modification of its data by unauthorized persons. The User is advised to use appropriate technical measures to minimise the occurrence of these risks.
  2. The Seller hereby informs that the Shop uses cookies. The rules of their use are governed by the Privacy and Cookies Policy available on the store’s website.
  3. All rights to the Online Shop, including author’s economic rights, intellectual property rights to its name, Internet domain name, the Online Shop’s website or the rights to use them, as well as the rights to the forms and logotypes belong to the Seller and their use shall be possible only in the manner specified in and compliant with these Terms and Conditions, and otherwise with the consent of the Seller.

III. ELECTRONIC SERVICES

  1. The Seller enables Users to use the following free electronic services: account, order form, newsletter and contact form.
  2. In order to start using the account service, it is necessary to register with the online store in advance, which is done by completing and sending to the seller the registration form available on the store’s website.
  3. The account agreement is concluded as soon as the User receives confirmation of registration for an indefinite period of time. The User can terminate the agreement at any time by sending an appropriate statement to the Seller or by using the option to delete the account.
  4. The Seller provides an order form for the purchase of products presented in the Shop.
  5. The User may subscribe to the newsletter in order to receive commercial and promotional information from the Seller to the email address provided by the User.
  6. The newsletter service is provided for an indefinite period of time. Each User may revoke his/her consent to the sending of the newsletter at any time by sending a request to the Seller to remove the User from the list of subscribers.
  7. The Seller may be contacted via the electronic contact form.
  8. In the event of a breach of these Terms and Conditions, the Seller may terminate the agreement for the provision of electronic services with immediate effect after an ineffective call to cease the breach with the setting of an appropriate deadline.

IV. REGISTRATION AND ORDERING CONDITIONS

  1. The Customers entitled to place orders for products are the Customers who:
  • have the status of a registered Shop User,
  • do not have the status of a registered Shop User – who make purchases without registering and logging in.
  1. The status of a registered Shop User is obtained as a result of the following actions:
  • completing correctly the registration form located on the store’s website (in particular, providing the personal data required in the form and establishing the customer’s login and password);
  • making the account activation, by clicking on the link sent to the customer’s email address.
  1. Registration is done once. For each subsequent order, the Customer uses the login and password previously specified on the Shop’s website.
  2. A customer with the status of a registered user of the store, places an order, after logging into the store, by adding the product presented in the store to the shopping cart, then confirming the placement of an order for the product by selecting the button – “I place an order with the obligation to pay”.
  3. A customer who does not have the status of a registered user of the store, places an order by adding the product to the shopping cart, then confirming the placement of an order for the product by selecting the button – “I place an order with the obligation to pay” and providing the data necessary to complete the order in accordance with the procedure posted on the Store’s website.
  4. After placing an Order, the Customer receives an e-mail with a summary of the Order and information about the registration of the Order in the Store.

V. SALE OF PRODUCTS

  1. All products available in the Online Shop are brand new, free from physical and legal defects and have been legally introduced into the Polish market, unless the Seller has marked them as incomplete.
  2. The prices of products presented in the Shop are gross prices and comprise all components, including VAT.
  3. The product price does not include the cost of delivery.
  4. Information about the products presented in the Online Shop does not constitute an offer, but an invitation to conclude a contract.
  5. To place an order, the Customer shall properly complete the order form.
  6. Placing an order constitutes an offer by the Customer to conclude a sales contract for the products selected by the Customer. The Customer automatically receives a confirmation of receipt of the order in the Seller’s ICT system.
  7. The seller sends, to the customer’s e-mail address, a confirmation of acceptance of the order, which constitutes a statement of acceptance of the customer’s offer, and at that moment the contract of sale of products is concluded.
  8. After concluding the sales contract, the Seller sends the confirmation of all relevant elements of the order, to the email address provided by the Customer.

VI. PAYMENT

  1. Payment for products and delivery costs can only be made in line with the following options:
  • in cash (cash on delivery);
  • using the online payment system on the Shop’s website.
  1. The Seller allows payment via tpay.com. Payment can then be made via:
  1. In the event that the Seller introduces the possibility of delivery of the ordered product via the Polish Post, then it will also be possible to pay cash on delivery via the Polish Post.
  2. The Customer’s obligations arising from the sales contract for the products continue until the entire payment for the products and delivery costs is made.

VII. DELIVERY

  1. The delivery of the products is limited to the territory of the Republic of Poland.
  2. The Seller offers the following forms of delivery of products:
  • delivery via courier service to the address indicated by the customer during the order placement;
  • Delivery to the pickup point indicated during the order process.
  • Personal collection at the seller’s personal collection point.
  1. Product delivery costs and lead times are each time indicated in the Online Shop.
  2. The order lead time is calculated in working days. The order lead time starts on the day of receipt of payment, and if payment is to be made as cash on delivery – on the day of conclusion of the sales contract.

VIII. COMPLAINTS ABOUT GOODS

  1. Product claims should be sent to the following address: Smart Memories Sp. z o.o., Ostrówik 23B, 05-530 Ostrówik, Poland or by email or through the contact form (provided on the website).
  2. A complaint may be filed e.g. by completing and sending the complaint form available on the Online Shop’s website.
  3. A product complaint shall be handled within 14 days from the date of its filing. The Customer shall be notified of the outcome the product complaint by email or telephone.
  4. The Seller hereby informs the Customer about the possibility to use out-of-court ways of handling product complaints, e.g. by means of submitting by the Customer, after the complaint procedure is completed, an application to initiate mediation or an application for arbitration (application can be downloaded from the website: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Voivodeship Inspectorates of the Trade Inspection Authority is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Out-of-court settlement of claims after the completion of the complaint procedure is free of charge. In the case of the Customer who is a consumer and wishes to use the out-of-court claim settlement method, there is additionally the possibility to file a complaint via the EU online ODR platform, available at http://ec.europa.eu/consumers/odr/.
  5. The filing of a complaint takes place according to the procedure and rules described in detail on the Shop’s website under Returns and Complaints.

IX. WITHDRAWAL FROM THE CONTRACT

  1. The Customer who is a consumer may withdraw from a contract within 14 days without giving any reason by submitting a statement of withdrawal to the Seller. The time limit for withdrawal is counted from the day on which the product was delivered.
  2. The Customer may formulate the statement on his/her own or use the statement of withdrawal template (available under Returns and Complaints).
  3. In the case of withdrawal from a distance contract, the contract is considered not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary to ascertain the nature, characteristics and functionality of the product. Return of products should be made immediately, no later than 14 days from the date of the statement.
  4. The Seller shall immediately, but no later than within 14 days from the receipt of the consumer’s statement of withdrawal, refund the Customer for payments made by him/her.
  5. The Seller may withhold refund of the payment to the Customer until the Seller has received the returned product.
  6. The Seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer agrees to a different method of refund, which method shall be at no cost to the consumer.
  7. The Customer shall only bear the direct cost of returning the product.
  8. To expedite the return procedure, the seller recommends that returned products be sent to the following address: Smart Memories Sp. z o.o., Ostrówik 23B, 05-530 Ostrówik, Poland.

X. PERSONAL DATA

  1. The customer’s personal data registered in the store is processed by the vendor as a personal data controller, pursuant to the Law of May 10, 2018. on the Protection of Personal Data (JoL RP of 2018, item 1000, as amended) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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) (OJ EU L No. 119, p.1) (“Regulation”) for the purposes related to the transactions performed within the Shop and for the purposes resulting from the legitimate interests pursued by the Seller, as well as on the basis of the Customer’s consent – for the purposes in accordance with the content of the consent given, including commercial and marketing purposes.
  2. The Customer may also consent to receive commercial and marketing information from the Seller by email. In this case, personal data will be processed by the Seller on the basis of consent – for purposes in line with the content of the consent given, including for commercial and marketing purposes and for the purposes related to sending the newsletter.
  3. The data provided will be processed on the basis of Article 6 (1) (a), (b) and (f) of the Regulation for the purposes indicated in sec. 1 above.
  4. The provision of personal data by the Customer in the Shop is voluntary, but necessary to carry out transactions within the Shop. Failure to provide personal data makes it impossible to create an account in the Shop and to carry out transactions within the Shop. This does not apply to the processing of data for commercial and marketing purposes, which is only carried out in the case of voluntary consent, independently of transactions within the Shop.
  5. The Customer has the right to request from the Seller: the access to, rectification, erasure or restriction of the processing of personal data concerning him or her.
  6. The customer has the right to withdraw consent to the processing of personal data at any time, without affecting the legality of the processing carried out on the basis of consent before its withdrawal.
  7. Personal data will be stored for the period necessary for the completion of the transaction in the Shop and the handling of complaints, and will be processed for the duration of the Customer’s account in the Shop, no longer than 3 years from the cancellation of the account in the Shop. If the Customer makes a transaction without creating an account in the Shop, then the data will be processed for a period of 3 years from the date of the transaction. In the case of the processing of personal data, for the legitimate purposes of the seller, the data are stored for the duration of their implementation, and on the basis of the customer’s consent – the data are stored until the withdrawal of consent.
  8. The Customer has the right to lodge a complaint with the President of the Personal Data Protection Office if the Customer considers that the processing of personal data concerning him or her violates the law.
  9. Additional information relating to the processing of personal data is contained in the Privacy Policy.

XI. FINAL PROVISIONS

  1. The Seller has the right to make changes to the Terms and Conditions for important reasons, such as in particular changes to applicable law. Orders accepted for execution before the entry into force of the amendments to the regulations, are carried out under the previous rules.
  2. In matters not covered by these Regulations, the provisions of applicable law, including the Civil Code and the Law on Consumer Rights shall apply.

Download PDF

Download