Terms and conditions of the online shop
§1 Introductory provisions
- The Ukland Internet shop, available at www.uclantv.pl, is run by UKLAND LIMITED LIABILITY COMPANY (hereinafter referred to as Ukland Sp. z o.o.) with its registered office in Niepołomice at ul. Suszówka 4C, 32-005, entered into the National Court Register by the District Court for Kraków Śródmieście in Kraków, XI Commercial Division of the National Court Register, under KRS number 000071321, with the share capital of PLN 5000.00, NIP 6832098751, REGON 369291543.
- Consumer – a natural person concluding a contract with the Seller within the Shop, the subject of which is not directly related to his business or professional activity.
- Seller – Ukland Sp. z o. o. o. with its registered office in Niepołomice at 4C Suszówka Street, postal code 32-005, entered into the National Court Register by the District Court for Kraków Śródmieście in Kraków, XI Commercial Division of the National Court Register under KRS number 000071321, with a share capital of 5000.00 PLN, NIP 6832098751, REGON 369291543.
- Customer – any entity making purchases through the Store.
- Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to whom a separate act grants legal capacity, performing on its own behalf business activity, which uses the Store.
- Shop – an online shop run by the Seller at the Internet address www.uclanav.pl
- Agreement concluded at a distance – an agreement concluded with the Customer under an organized system of concluding agreements at a distance (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of communication at a distance until the conclusion of the agreement inclusive.
- Terms and Conditions – these Terms and Conditions of the Store.
- Order – a declaration of will of the Customer made using the Order Form and aiming directly at concluding a Sales Agreement for a Product or Products with the Seller.
- Account – customer’s account in the Store, where data given by the Customer and information about Orders placed by the Customer in the Store are collected.
- Registration Form – a form available in the Store, enabling the creation of an Account.
- Order Form – an interactive form available in the Shop enabling placing an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Basket – a software element of the Store, in which you can see the Products selected by the Customer for purchase, as well as the possibility to determine and modify the Order data, in particular the quantity of products.
- Product – Uclan brand tuners available in the Store, subject to a Sales Agreement between the Customer and the Seller. The Seller declares that the products sold in the shop are new and free from physical and legal defects.
- Sales Agreement – an agreement to sell a Product concluded or concluded between the Customer and the Seller via the Internet Shop. A Sales Agreement is also understood as applying to the Product features a contract for the provision of services and a contract for specific work.
§3 Contact with the store
- Seller’s address: ul. Suszówka 4C, 32-005 Niepołomice
- Seller’s e-mail address: email@example.com
- Seller’s phone number: 6027005668
- Bank account number of the Seller PL75 1240 4588 1111 0010 7864 3920 in PLN and PL36 1240 4588 1978 0010 8976 4711 in EUR, SWIFT/BIC: PKOPPLPW.
- The Customer may communicate with the Seller using the addresses and telephone numbers given in this paragraph.
- The Customer may communicate with the Seller by telephone from 09:00 to 18:00 on business days.
§4 Technical requirements
To use the Store, including browsing the Store’s assortment and placing orders for Products, you must:
a. an end device with Internet access and a web browser such as Internet Explorer, Mozilla Firefox, Apple Safari, Opera, Google Chrome
b. an active e-mail account (e-mail),
c. cookies are enabled,
d. excluded Adblock additives
e. FlashPlayer installed
§5 General information
- Seller to the fullest extent permitted by law shall not be liable for disruptions, including interruptions in the functioning of the Store caused by force majeure, illegal actions of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
- Viewing the Shop’s assortment does not require creating an Account. Placing orders by the Customer for Products in the range of the Store is possible either after setting up an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal data and addresses to enable the implementation of the Order without setting up an Account.
Prices given in the Shop are given in Polish zloty or in euro and are gross prices (including VAT).
- The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal services), of which the Customer is informed on the pages of the Store during the placement of the Order, including the time of expressing the will to be bound by the Sales Agreement.
- In the case of an Agreement covering a subscription or provision of services for an indefinite period of time, the final (final) price is the total price including all payments for the settlement period.
- Where the nature of the subject matter of the Contract does not permit, on a reasonable basis, the final (final) price to be calculated in advance, the manner in which the price will be calculated, as well as the charges for transportation, delivery, postal services and other costs, will be stated on the Store in the Product description.
§6 Opening an Account in the Store
- In order to create an Account in the Store, you need to fill in the Registration Form. It is necessary to provide the following data: name and surname, e-mail address and telephone number (telephone number is given optionally for contact with the courier).
- Opening an Account at the Store is free.
- Logging in to the Account takes place by entering the login and password established in the Registration Form.
- The Customer may at any time, without giving any reason and without incurring any fees, remove the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses given in § 3.
§7 Rules for placing an order
- The Customer places an order via an electronic form available on the website of the Store. The order specifies, among other things, which goods, at what price and in what quantities the Customer wants to order to the indicated location.
- In order to place an order, it is necessary to
a) log in to the Internet Shop uclanav.pl or use the possibility to place an order without registration;
b) select the product being ordered and then click the “Add to cart” button (or equivalent);
d) enter the details of the recipient of the order and the address at which the product is to be delivered. The customer may additionally enter his or her phone number to contact the courier; e) read the Terms and Conditions in force at the time of placing an order and accept it by ticking the appropriate checkbox on the registration form – acceptance of the Terms and Conditions is a prerequisite for effective placement of an order;
f) click on the ‘Order and pay’ button (or equivalent);
g) pay for the order.
- Placing an order in accordance with the procedure described in paragraph 3 above is treated as an offer by the Customer to buy a specific product under the conditions specified in its description.
- After placing an order, the Customer will receive a confirmation of placing an order together with its summary to the e-mail address provided in the order. This information does not constitute confirmation of acceptance of the Customer’s offer – it is only information that the Seller has received the order.
- The Seller shall then verify whether the order can be accepted for processing.
- If it is not possible to complete the order, the Seller shall send to the Customer’s e-mail address information about the refusal to accept the order for processing.
- In case of refusal to accept the order for execution, the Seller shall within 7 days refund the Customer the amount paid by the Customer when placing the order. The refund will be made to the bank account number indicated by the Customer. In such a case the sales contract should be considered as not concluded.
- If the Seller accepts the Customer’s order, the Seller shall send the Customer information electronically about the order approval for processing. Upon receipt of such a declaration by the Customer, a sales contract is concluded between the parties.
- The Seller reserves the right to verify the order in consultation with the Customer, in cases that raise justified concerns as to the manner of filling in the form by the Customer.
- The Seller is entitled to introduce a maximum number of pieces of a given product covered by one order.
- In the event that the Customer provides an incorrect or inaccurate address, the Seller shall not be liable for failure to deliver or delay in delivering the subject of the order to the fullest extent permitted by law.
- All ordered goods in the Internet Shop are issued fiscal receipts or VAT invoices.
- By accepting the Regulations, the Customer purchasing products in the Store agrees to issue and send invoices in electronic form by the Seller in accordance with the requirements of the Act of 11 March 2004 on Value Added Tax (Journal of Laws 2004 No. 54 item 535 as amended, hereinafter referred to as the “VAT Act”).
- Consent to receive an invoice in electronic form is equivalent to resignation from receiving an invoice in paper form, but does not exclude the right of the Seller to issue and send invoices in paper form.
- Invoices will be sent in electronic form, in PDF format, by e-mail from the e-mail address of the Store firstname.lastname@example.org to the e-mail address of the Customer indicated during registration or when placing an order.
- The Parties agree that they shall exercise due diligence and take all necessary actions to ensure that invoices sent in electronic form are authentic in origin and integrity of content, in accordance with the requirements set out in Article 106m of the VAT Act.
- The Seller shall not be liable for incorrect data of the Buyer indicated by the Buyer during registration as appropriate to issue a VAT invoice.
- Each invoice in electronic form shall be delivered to the Customer by electronic mail to the address provided by the Customer. The change of the Customer’s e-mail address requires the Seller to be notified in writing or electronically. If the Customer does not notify the Seller of the change of e-mail address, correspondence sent to the current e-mail address shall be deemed properly delivered.
- In the case of sales of promotional or sales products, whose quantity is limited, the implementation of orders depends on the order in which they are received by the Store.
§8 Delivery and payment methods offered
- The Customer may use the following method of delivery of the ordered Product:
a) Courier delivery.
- The customer can use the following payment methods:
a) Electronic payments
b) Payment by credit card.
Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.
§9 Performance of the sales contract
- The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Shop in accordance with § 7 of the Regulations.
- After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for processing. Confirmation of receipt of the Order and its acceptance for execution shall be effected by the Seller sending an appropriate e-mail message to the Customer to the e-mail address provided during the submission of the Order, which shall include at least the Seller’s statement on 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, a Sales Agreement is concluded between the Customer and the Seller.
- In case of selection by the Customer:
a. payment by bank transfer, electronic payments or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be cancelled.
- The product will be sent to the Customer within 24 hours on business days (Monday to Friday) from the moment of receiving payment for the product to the Seller’s account. If the next day after receipt of payment is Saturday or Sunday and/or a public holiday, the Seller shall send the goods on the first working day after the public holiday.
§10 Right of withdrawal
- The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
- The period referred to in paragraph 1 shall begin to run from the delivery of the Product to the Consumer or to a person designated by the Consumer other than the carrier.
- In the case of a Contract which covers several Products which are delivered separately, in lots or in parts, the period referred to in paragraph 1 shall run from the delivery of the last item, lot or part.
- The Consumer may withdraw from the Contract by submitting a declaration of withdrawal to the Seller. In order to meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the deadline.
- The declaration may be sent by traditional mail, fax or e-mail by sending the declaration to the Seller’s e-mail address or by submitting the declaration on the Seller’s website – contact details of the Seller have been specified in § 3. The declaration may also be submitted on a form, the specimen of which is attached as Appendix No. 1 to these Regulations and Appendix to the Act of 30 May 2014 on Consumer Rights, but it is not obligatory.
- In the case of sending the statement by the Consumer by e-mail, the Seller shall immediately send to the Consumer at the e-mail address provided by the Consumer confirmation of receipt of the statement of withdrawal from the Agreement.
- Effects of withdrawal from the Agreement:
a. In the event of withdrawal from the Agreement concluded at a distance, the Agreement shall be deemed not concluded.
b. In the event of withdrawal from the Contract, the Seller shall return to the Consumer immediately, no later than within 14 days of receipt of the Consumer’s statement on withdrawal from the Contract, all payments made by the Consumer, including the cost of delivery of goods, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by the Seller.
c. The Seller shall reimburse the payment using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution which does not involve any costs to the Consumer.
d. The Seller may withhold the return of payment until the Product has been received back or until proof of return has been provided to the Seller, whichever occurs first.
e. The Consumer should return the Product to the Seller’s address given in these Regulations immediately, no later than 14 days from the date on which he informed the Seller of his withdrawal from the Agreement. The deadline shall be met if the Consumer returns the Product before the expiry of the 14-day deadline.
f. The consumer shall bear the direct cost of returning the Product, including the cost of returning the Product if, due to its nature, the Product could not normally be returned by post.
g. The Consumer shall only be liable for any reduction in the value of the Product resulting from the use of the Product in a manner other than necessary to determine the nature, characteristics and functioning of the Product.
- If, due to the nature of the Product, the Product cannot be returned in the ordinary course by post, information about this, as well as about the costs of returning the Product, will be included in the description of the Product in the Store.
- The right to withdraw from the contract concluded at a distance shall not be vested in the Consumer with respect to the Contract:
a. where the service has as its object an unprocessed item, manufactured to the consumer’s specifications or to meet his individual needs,
b. in which the goods are supplied in sealed packaging which, after opening the packaging, cannot be returned for health or hygiene reasons if the packaging is opened after delivery,
c. in which the object of the performance is a thing that is subject to rapid deterioration or short term obsolescence,
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 commencement of performance, 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 expiry of the deadline for withdrawal from the Agreement,
f. in which the goods which, after delivery, by their nature, are inseparably connected with other goods, are the subject of the supply,
g. where the subject matter of the performance is alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the sales contract, the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control,
h. which provides for audio or visual recordings or computer programs supplied in sealed packaging, if the packaging is opened after delivery,
i. for the supply of newspapers, periodicals or periodicals, with the exception of a subscription contract,
j. to deliver digital content that is not recorded on a material medium, if performance of the service began with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the Seller informs him of the loss of the right to withdraw from the Contract,
§11 Complaint and warranty
- The Sales Agreement covers new Products.
- The Seller shall be obliged to provide the Customer with an item free from defects.
- In the event of a defect in the goods purchased from the Seller, the Customer has the right to complain on the basis of the warranty regulations in the Civil Code. If the Client is an Entrepreneur, the parties exclude any liability under the warranty.
- Complaints should be made in writing or by e-mail to the ones specified in these Terms and Conditions. It is recommended that the complaint should include, among others, 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 request in connection with the defect in goods.
- The Seller shall respond to the claim immediately, and if the Customer is a Consumer – no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the claim within 14 days, it shall be deemed that the Customer’s claim is justified.
- Goods returned under the complaint procedure should be sent to the address given in § 3 of these Regulations.
§12 Out-of-court complaint and redress procedures
- Detailed information on the Consumer’s access to out-of-court complaint and redress procedures and the rules of access to these procedures are available in the offices and on the websites of county (city) consumer advocates, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection and the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumerckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_addresses.php.
- The consumer shall have the following examples of out-of-court redress and redress options:
a. The consumer is entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
b. The consumer is entitled to apply to the provincial inspector of the Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings to resolve the amicable settlement of the dispute between the Consumer and the Seller.
c. A consumer may obtain free assistance in resolving a dispute between him and the Seller, also with the help of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. the Federation of Consumers, the Polish Consumers Association).
§13 Personal data in the Internet Shop
- The administrator of personal data of Customers collected through the Internet Shop is the Seller.
- Personal data of Customers collected by the Administrator via the Internet Shop are collected for the purpose of implementing the Sales Agreement, and if the Customer agrees – also for marketing purposes.
- The recipients of the personal data of the Customers of the Online Store may be:
a. In the case of a Customer who uses the method of delivery in the Online Shop by mail or courier, the Administrator shall make the collected personal data of the Customer available to a selected carrier or intermediary carrying out shipments on behalf of the Administrator.
b. In the case of a Customer who uses the electronic payment method or payment card in the Internet Shop, the Administrator shall make the collected personal data of the Customer available to a selected entity handling the above payments in the Internet Shop.
- Customer has the right to access the content of their data and correct them.
- The provision of personal data is voluntary, however, failure to provide personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the impossibility of concluding such an agreement.
§14 Final provisions
- Contracts concluded through the Internet Shop are concluded in Polish.
- The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: changes in the law, changes in payment and delivery methods – to the extent that such changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Customer of any change at least 7 days in advance.
- In matters not regulated by these Regulations, the generally applicable provisions of the Polish law shall apply, in particular: Civil Code; Act on electronic services; Act on consumer rights; Act on personal data protection.
- The customer has the right to use out-of-court methods of examining complaints and pursuing claims. For this purpose, it may lodge a complaint via the Union ODR web-based platform accessible at http://ec.europa.eu/consumers/odr/.