Terms of service

TERMS AND CONDITIONS OF EYEON.DESIGN ONLINE STORE

CONTENTS:
GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE STORE
TERMS AND CONDITIONS OF CONCLUDING A SALES
CONTRACT WAYS AND TERMS OF PAYMENT FOR THE
PRODUCT
COST, METHODS, AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
PRODUCT COMPLAINT
OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND
INVESTIGATING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE
PROCEDURES
RIGHT OF WITHDRAWAL PROVISIONS
CONCERNING ENTREPRENEURS OPINIONS IN THE
ONLINE STORE FINAL PROVISIONS
MODEL WITHDRAWAL FORM

The online store www.eyeon.design cares about consumer rights. A consumer may not waive the rights granted to him under the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of a possible inconsistency between the provisions of these Regulations and the aforementioned regulations, these regulations shall prevail and shall be applied.

GENERAL PROVISIONS

1.1. The online store available at the Internet address www.eyeon.design is run by the partners of Eye on Design, a civil partnership based in Warsaw (02-769), 257/86 Pulawska St., NIP: 5213894685, Regon: 385855520, e-mail address: hello@eyeon.design.
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store (except for item. 9 of the Regulations, which is addressed exclusively to entrepreneurs).
1.3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data are processed for the purposes, to the extent and based on the principles indicated in the privacy policy published on the pages of the Online Store. Provision of personal data is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect its content and the right to update, correct and delete it.
1.4. Definitions:
WORKING DAY - one day from Monday to Friday excluding public holidays.
REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.
ORDER FORM - Electronic Service, an interactive form available on the Online Store that allows you to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity;
(2) a legal person; or
(3) an organizational unit without legal personality, which is granted legal capacity by law; - who has concluded or intends to conclude a Sales Agreement with the Seller.
CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
ACCOUNT - Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information about Orders placed by him/her in the Online Store are collected.
PRODUCT - a movable item available in the Online Store, which is the subject of a Sales Contract between the Customer and the Seller.
REGULATIONS - these regulations of the Online Store.
INTERNET SHOP - Service Provider's online store available at the following web address: www.eyeon.design
SELLER; SERVICE PROVIDER - a civil partnership Eye on Design with its registered office in Warsaw (02-769), 257/86 Pulawska Street, NIP: 5213894685, Regon: 385855520.
SALE AGREEMENT - an agreement for the sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.
ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Online Store.
USER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; - using or intending to use the Electronic Service.
THE ACT ON CONSUMER RIGHTS, THE ACT - the Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
ORDER - the Customer's declaration of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available on the Online Store: Account and Order Form.
Account - the use of an Account is possible after a total of three consecutive steps are performed by the Customer - (1) completing the Registration Form, (2) clicking on the "Register" field and (3) confirming the desire to create an Account by clicking on the confirmation link automatically sent to the provided e-mail address. In the Registration
Form, it is necessary for the Customer to provide the following Service Recipient data: email address and password.
Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart on the Online Store. The Order is placed after the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking the "Order" box on the Web Store page after completing the Order Form. - Up to this point, it is possible to modify the entered data on your own (for this purpose, you should be guided by the displayed messages and information available on the website of the Online Store). In the Order Form, it is necessary for the user to provide the following information.
The Client of the following data concerning the Client: name and surname/company name, address (street, house/flat number, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide company name and Tax Identification Number.
2.2. Technical requirements necessary for cooperation with the information and communication system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher;
(4) recommended minimum screen resolution: 1024x768; (5) enable cookies and Javascript in your web browser.
2.3. The Client is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.
2.4. Complaint procedure:
Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point. 6 of the Terms and Conditions), the Customer may submit in electronic form via e-mail to: hello@eyeon.design; It is recommended that the Service Recipient provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) the contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint. The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

TERMS AND CONDITIONS OF CONTRACT OF SALE

3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions.
3.2. The price of the Product shown on the website of the Online Store is given in EUR and includes taxes. The total price including taxes of the Product that is the subject of the Order, as well as the cost of delivery (including transportation fees, delivery and postal services) and other costs, and when it is not possible to determine the amount of these fees - about the obligation to pay them, the Customer is informed on the pages of the Online Store during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions. After the Order is placed, 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 is 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. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer the e-mail message referred to in point. 3.3. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.

METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1. The Seller provides the Customer with the following methods of payment for the Sales Agreement: Payment by bank transfer to the Seller's bank account. Electronic payment through the Klarna website. Paypal.
4.2. Payment term:
If the Customer chooses payment by bank transfer or electronic payment, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.

COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT

5.1. Delivery of the Product is available in the territory of the Republic of Poland and the rest of the world.
5.2. 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 during the placement of the Order, including when the Customer expresses his/her will to be bound by the Sales Agreement.
5.4. The Seller provides the Customer with the following methods of delivery or collection of the Product: courier delivery. Personal collection
5.5. The deadline for delivery of the Product to the Customer, depending on the availability and level of personalization, may be up to 16 weeks, unless a different deadline is specified in the description of the Product in question or when placing the Order. For Products with different delivery dates, the delivery date is the longest date given. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
If the Customer chooses the method of payment by bank transfer or electronic payment - from the date of crediting the Seller's bank account or settlement account.

PRODUCT COMPLAINT

6.1. The basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty) - non-compliance of the goods with the contract, are defined by generally applicable laws, including the Law on Consumer Rights and the Civil Code.
6.2. The Seller is obliged to provide the Customer with a Product without
defects. 6.3. A complaint can be filed by the customer, for example:
- In writing;
- in electronic form via e-mail
6.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for the method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints filed with the omission of the recommended description of the complaint.
6.5. The seller will respond within 14 days:
- A statement on the demand for a price reduction;
- withdrawal statement;
- demand for replacement of the item with a defect-free one;
- demand for removal of the defect.
Otherwise, he shall be deemed to have recognized the Consumer's statement or request as legitimate.
6.6. The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure of the Seller to respond within the aforementioned period means that the Seller has recognized the complaint as justified.
6.7. The Customer who exercises the rights under the warranty or non-conformity of the goods with the contract is obliged to deliver the defective Product at the Seller's expense to the address: Warsaw
(05-077), 85b Trakt Brzeski Street, or other address agreed with the Seller. Transportation costs may not exceed standard shipping prices. If, due to the nature of the Product or the way it is installed, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
6.8. Differences in the shade of coloration of fabric, leather, eco-leather, wood or metal elements, which are due to differently set parameters of the monitor or graphics card, do not constitute grounds for complaint. In addition, the Seller reserves the possibility of structural and color differences in materials from different batches, as well as differences
between the offered sampler and the material obtained in production. These are differences resulting from the natural dyeing process of fabrics and leathers and are independent of the Seller.

OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES

7.1. Detailed
information on the possibility for a Customer who is a consumer to use out-of court procedures for handling complaints and pursuing claims, as well as rules of access to these procedures, are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection and
Provincial Inspectorates of Commercial Inspection.

RIGHT OF WITHDRAWAL

8.1. A consumer who has entered into a remote contract may withdraw from it within 14 calendar days without stating a reason and without incurring costs, except for the costs specified in Section. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The declaration of withdrawal from the contract may be made, for example:
- In writing;
- In electronic form via e-mail;
8.2. A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in point. 11 of the Terms and Conditions and on the website of the Online Store in the "Returns and Complaints" tab. The consumer may use the sample form, but it is not mandatory.
8.3. The period for withdrawal from the contract begins:
- for an agreement in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of an agreement which: (1) involves multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period - from taking possession of the first Product;
- For other contracts - from the date of the agreement.
8.4. In the case of withdrawal from a remote contract, the contract is considered not concluded.
8.5. The Seller is obliged to return to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, all payments made by the consumer, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve
any costs for the consumer. If the Seller has not offered to collect the Product from the consumer itself, it may withhold reimbursement of payments received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.
8.6. The consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or give it to a person authorized by the Seller for collection, unless the Seller offered to pick up the Product himself. To meet the deadline it is sufficient to return the Product before its expiration. The Consumer may return the Product to the address:
Warsaw (05-077), 85b Trakt Brzeski Street or any other address agreed with the Seller.
8.7. The consumer shall be liable for any diminution in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8.8. Possible costs associated with the consumer's withdrawal from the contract, which the consumer is obliged to pay: If the consumer has chosen a method of delivery of the Product other than the cheapest
ordinary method of delivery available in the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him. The consumer bears the direct cost of returning the Product. The estimated cost of return for abnormal/size products may oscillate in the range of 500 EUR - 3,000 EUR. The Customer is responsible for arranging the return on his/her own. If the customer does not pick up the order from the courier company, the customer will be charged for the return or the cost of any further delivery attempts. In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the performance provided.
8.9. The right of withdrawal from a contract concluded at a distance does not apply to consumers with respect to contracts:
(1) 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 contract;
(2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the expiry of the deadline for withdrawal from the contract;
(3) in which the subject of performance is a Product that is not prefabricated, manufactured to the consumer's specifications or used to meet his individualized needs;
(4) in which the subject of performance is a Product delivered in sealed packaging that cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery;
(5) in which the subject of performance are Products, which after delivery, due to their nature, are inseparably connected with other things;
(6) in which the consumer expressly requested that the Seller come to him/her to perform urgent repair or maintenance; if the Seller provides in addition other services than those, the performance of which the consumer requested, or provides Products other than parts of the spare parts necessary for the repair or maintenance, the consumer's right of withdrawal applies to additional services or Products.

PROVISIONS FOR ENTREPRENEURS

9.1. This section of the Terms and Conditions and the provisions contained herein apply only to Customers and Service Recipients who are not consumers.
9.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 30 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
9.3. In the case of non-consumer customers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.
9.4. At the moment of release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product pass to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, loss or damage to the Product occurring from the acceptance of the
Product for transport until its release to the Customer, and for any delay in the transportation of the shipment.
9.5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that there was a loss or damage to the Product during shipment, he is obliged to perform all actions necessary to determine the carrier's liability.
9.6. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product to a Customer who is not a consumer is excluded.
9.7. In the case of Service Recipients who are not consumers, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without stating reasons by sending a relevant statement to the Service Recipient.
9.8. The Service Provider/Seller's liability to the Service Recipient/non-consumer Customer, regardless of its legal basis, shall be limited - both as part of a single claim and for all claims in the aggregate - to the amount of the price paid and delivery costs under the Sales Contract, but no more than one thousand EUR. The Service Provider/Seller shall be liable to the Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for for lost benefits in relation to the Service Recipient/Customer who is not a consumer.
9.9. Any disputes arising between the Vendor/Service Provider and a Customer/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.

FEEDBACK IN THE ONLINE STORE

10.1. A customer of the Online Store has the opportunity to voluntarily and free of charge give an opinion on purchases made in the Online Store. The subject of the opinion can also be an assessment, a photo or a review of the purchased product in the Online Store.
10.2. The Seller, after making purchases in the Online Store, sends an email to the Customer with a request for an opinion and a link to an online form for its issuance - the online form allows you to answer the Seller's questions about your purchases, evaluate them, add your own description regarding the opinion and a photo of the purchased product.
In the absence of an opinion after receiving the first email, the Seller may resend the email requesting an opinion.
10.3. An opinion can only be given by a customer who has made purchases from the Seller's Online Store.
10.4. Issuing an opinion cannot be used by the Client for unlawful activities, in particular, for actions constituting an act of unfair competition against the Seller, or actions violating personal rights, intellectual property rights or other rights of the Seller or third parties.
10.5. An opinion can be issued only for the actual products purchased from the Seller's Online Store. It is forbidden to conclude fictitious/apparent sales contracts for the purpose of issuing an opinion.

FINAL PROVISIONS

11.1. Contracts concluded through the Online Store are concluded in English.
11.2. Amendment of the Regulations:
The service provider reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. In the case of conclusion of contracts of a continuous nature under these Regulations (e.g. provision of Electronic Service - Account), the amended Regulations are binding on the Service Recipient, if the requirements of Articles 384 and 384[1] of the Civil Code have been met, i.e. the Customer has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the amendment to the Terms and Conditions would result in the introduction of any new fees or an increase in current fees, the Service Recipient who is a consumer has the right to withdraw from the contract. In the case of conclusion of contracts of a nature other than continuous contracts (e.g. Sales Agreement) under these Regulations, the amendments to the Regulations will not in any way affect the acquired rights of Service Recipients/Customers who are consumers before the effective date of the amendments to the Regulations, in particular, the amendments to the Regulations will not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.
11.3. In matters not regulated by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Agreements concluded with Customers who are consumers, the provisions of the Act on Consumer Rights of May 30, 2014. (Journal of Laws 2014, item 827, as amended); and other relevant provisions of generally applicable law.

MODEL WITHDRAWAL FORM

(APPENDIX NUMBER 2 OF THE CONSUMER RIGHTS ACT)
Model withdrawal form (This form must be completed and returned only if you wish to withdraw from the contract)
- Address:
Eye on Design with registered office in Warsaw (02-769), 257/86 Pulawska St., NIP: 5213894685, Regon: 385855520
– I/We(*) hereby inform(*) of my/our withdrawal from the contract of sale of the following items(*) the contract of delivery of the following items(*) the contract of workmanship of the following items(*)/the provision of the following service(*).
– Date of contract(*)/acceptance(*)
– Name of consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
– Date
(*) Delete as necessary.