TERMS AND CONDITIONS OF THE OMERATO ONLINE STORE
§1 DEFINITIONS
1.1. Catalogue - the website www.omerato.pl containing an excerpt from the commercial offer along with descriptions and the option of placing orders.
1.2. User - a person using the online resources of the catalogue.
1.3. Registration - the process of creating a user account and specifying confidential access parameters.
1.4. User Account - a panel enabling the management of important options related to the implementation of directory services.
1.5. Catalog Services - catalog functionalities enabling the placement of orders and viewing their status and other necessary data.
1.6. Customer/consumer - a user making a purchase in the Omerato.com online store.
1.7. Price level - the price level taking into account the discount value allocated to a given customer group.
1.8. Goods (product) - an item in the catalogue.
1.9. Seller, Owner (Administrator)– OMERATO S.C. Michał Różański ul. Siemiradzkiego 10, 60-764 Poznań NIP: 7792325507
§2 GENERAL PROVISIONS
2.1. This document defines the rules for using the store's website, in particular the rules for placing orders for the items contained therein and other activities related to the use of its content.
2.2. To use the Catalogue in its basic scope, it is necessary to use web browsers that fully support current standards, including "cookie" technology.
2.3 To place orders and conduct correspondence, it is necessary to have an active e-mail account.
2.4. The User is entitled to use the Catalogue in accordance with the access granted.
2.5. Users are obligated to refrain from any activity that could affect the proper functioning of the Catalog. Interfering with its technical elements or content is prohibited.
2.6. The Owner is not liable for any disruptions or interruptions in the functioning of the Catalogue caused by force majeure, unauthorized actions of third parties or other anomalies caused by incompatibility of the infrastructure or software on the User's side.
2.7. Browsing the catalog does not require registration. Placing an order is possible after logging in to the system, or if this is not possible, after creating an account. Inquiries regarding the catalog's contents should be submitted electronically using the contact form provided or by phone.
2.8. The User acknowledges that the Catalog is not a tool for permanently recording and storing content. The Administrator does not guarantee that posted content will be permanently available and is not responsible for its deletion or loss.
2.9. Any irregularities in the operation of the Catalogue can be reported to technical support using the contact form.
2.10. The online store reserves the right to refuse to process an order if there are any errors in the information provided in the online store. This includes information in the product description, price, inventory, and any errors or concerns regarding the information provided by the user during registration and ordering.
2.11. If the order cannot be fulfilled, the store reserves the right to suspend it and will immediately inform the User about it.
2.12. Orders containing errors will be verified or not processed.
§3 REGISTRATION AND USER ACCOUNT
3.1. Access to the catalogue content under general terms and conditions does not require a User Account.
3.2. The registration process involves entering the required data into the system via appropriate forms. The User thereby undertakes to maintain the confidentiality and protection of any data held that allows access to the User Account panel. If there is reasonable suspicion of third-party access, the Administrator will suspend access until the matter is resolved.
§4 PLACING ORDERS
4.1. The ordering process begins after adding the first item and does not require logging in.
4.2. Throughout the entire process, the User is kept informed about the number of ordered items and their value in accordance with the assigned price level.
4.3. The order is finalized when all necessary data is collected, verified and the terms of the order are accepted.
4.4. Placing an order constitutes the conclusion of a commercial agreement between the Seller and the User.
§5 PRICE LEVELS
5.1. Unlogged Users and all those with an active account who have not undergone verification and obtained Customer status are assigned to a group with a status that does not take into account discount levels.
5.2. Verified users obtain Customer status and the applicable price level, including the appropriate discount agreed with the seller.
§6 ORDER PROCESSING AND PAYMENTS
6.1. Fulfillment occurs automatically when the placed order is received from a verified user who has the status of a Customer.
6.2. Orders from new users may be verified by telephone or email.
6.3. Information about each change in the order fulfillment status is provided electronically.
6.4. In the event of difficulties with the execution of the order, the sales department contacts the customer to determine the scope of implementation.
6.5. The customer specifies the chosen payment method when placing the order.
6.6. In the case of electronic payment, the order is the basis for payment.
6.7.
The customer will receive an invoice or receipt for the ordered goods along with the delivered goods. All necessary VAT invoice details must be provided when placing the order. Changing the VAT invoice details for the company name after the order has been placed will not be possible.
6.8. Delivery takes place according to the delivery option specified in the order.
6.9. Payment methods:
a) payment in cash/by card - at a stationary point of sale,
b) cash - payment on delivery (directly upon receipt of the parcel from the courier),
c) Cashless: instant transfers (PayU S.A. based in Poznań) or traditional bank transfer.
§7 WITHDRAWAL FROM THE CONTRACT
7.1. A Customer who is also a consumer within the meaning of Article 22[1] of the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) and who has entered into a distance contract may withdraw from it without giving reasons by submitting an appropriate declaration within 14 calendar days of making payment. The Customer may notify the Seller of their intention to return the goods via the customer panel, by phone, or by email: sklep@omerato.pl. Instructions regarding the returns procedure can be found in the Returns and Complaints tab at the bottom of the page.
7.2. The returns procedure is specified individually in the contract accepted when placing the order. Only unused and undamaged goods are eligible for return.
7.3. The consumer bears only the direct costs of returning the goods to the seller.
7.4. If the consumer has chosen a method of delivery of the products other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
7.5. The right to withdraw from a distance contract is not available to the consumer in the following cases:
7.5.1.For the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the entrepreneur has performed the service, he will lose the right to withdraw from the contract.
7.5.2. Where the subject of the provision is a non-prefabricated item, manufactured according to the consumer’s specifications or intended to meet his individual needs.
7.5.3. Where the subject of the service is an item that spoils quickly or has a short shelf life.
7.5.4. Where the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health protection, hygiene and other reasons, if the package was opened after delivery.
7.5.5. Consumable goods with the characteristics of consumables are not subject to return:
· chemistry
· batteries and accumulators
· cables
· connectors
· incomplete LED lighting elements
§8 COMPLAINTS
8.1. The Seller is liable to the Customer under the terms specified in the Civil Code of 23 April 1964. (Dz.U. nr 16, poz. 93 ze zm.) and in other generally applicable legal provisions.
8.2. If the goods purchased by the Customer are inconsistent with the contract or have defects, the Seller should be notified of this fact and, if necessary, the goods subject to the complaint should be delivered to the Seller at the following address: OMERATO with the note Omerato.pl ul. Siemiradzkiego 10, 60-764 Poznań.
8.3. It is recommended to submit a complaint via e-mail to sklep@omerato.pl. In order to speed up and facilitate the complaint handling process, it is recommended to send any additional information along with the complaint, such as the order number, date of sale, photos of the defective goods.
8.3.1 Complaints will be considered immediately, but no later than within 14 days.
8.1.3.2. The response to the complaint will be sent to the address provided by the Customer or in another manner indicated by the Customer.
8.1.3.3. The Seller hereby informs that in the case of Products covered by a warranty, such rights should be exercised in accordance with the terms set forth in the warranty card. The warranty for the Product sold does not exclude, limit, or suspend the Customer's rights arising from the Seller's liability to the extent specified in the Civil Code of April 23, 1964. (Dz.U. nr 16, poz. 93 ze zm.).
8.1.3.4 A positive consideration of the complaint will result in the manufacturer repairing the product or the seller replacing the complained goods with a new one.
§ 9 PERSONAL DATA PROTECTION
9.1. Customers' personal data are processed by the Data Controller (Omerato s.c. ul. Siemiradzkiego 10, 60-764 Poznań) for the purpose of fulfilling contracts concluded as part of the Online Store's operations. Contracts concluded as part of the Online Store's operations include:
a) conclusion and implementation of the sales contract,
b) sending messages containing commercial information (with prior consent expressed in the form of a subscription to the Newsletter),
c) maintaining a Customer Account after prior Registration on the Online Store website,
d) collecting cookies (after prior acceptance at the cookie information window, visible immediately after entering the website).
9.2. Personal data is processed in accordance with personal data protection regulations, in accordance with the implemented data protection policy, and is processed to the extent and for the purpose necessary to establish, shape, amend, or terminate the contract, and to properly implement the Services provided electronically.
9.3. The Data Controller has implemented technical and organizational measures to protect the personal data provided by Customers against disclosure to unauthorized persons or entities.
9.4. Customers' personal data may be transferred to:
a) the carrier or intermediary selected by the Customer carrying out shipments on behalf of the Data Controller - in the case of a Customer who uses the courier delivery method in the Online Store,
b) the entity selected by the Customer that handles payments in the Online Store - in the case of a Customer who uses electronic payments or a payment card in the Online Store,
c) the accounting firm handling the tax settlements of the Online Store – in the case of Customers who have concluded a sales agreement with the Data Controller,
d) a company providing software for running the Online Store or a company that is the hosting provider of the Online Store, in the scope of operation and proper functioning of the Online Store.
9.5. Only the data necessary for the proper performance of the service is transferred to the entities indicated in § 9.4.
9.6. The data controller has the right to disclose the Customer's personal data to entities authorized under specific legal provisions (e.g. law enforcement authorities).
9.7. Unless otherwise provided by law, the Data Controller stores the Customer's personal data for as long as necessary to achieve the purposes for which the data was collected.
9.8. The Customer whose personal data is processed by the Data Controller has the right to access the data, rectify, delete or limit their processing, the right to object, the right to transfer data and the right to lodge a complaint with the supervisory authority, which is the Office for Personal Data Protection.
9.9. Personal data may be deleted as a result of withdrawal of consent or filing a legally permissible objection to the processing of personal data.
9.10. The Data Controller reserves the right to process Customers' personal data after termination of the contract or withdrawal of consent only to the extent necessary to pursue possible claims in court or if national, EU or international law obliges the Data Controller to retain data.
9.11.Contact with the person supervising the processing of personal data is possible by e-mail at the following address: sklep@omerato.pl
§10 NEWSLETTER
10.1. Both visitors and registered users can subscribe to the newsletter and receive commercial correspondence in their e-mail box.
10.2. The user may unsubscribe at any time using the deactivation link contained in a specific email or by sending an email with information about unsubscribing to sklep@omerato.pl
10.3. Subscribing to the newsletter requires the User to provide their name and surname, e-mail address and consent to the processing of the data provided for marketing purposes and sending commercial information.
§11 FINAL PROVISIONS
11.1 The content published on the Catalogue pages does not constitute an offer within the meaning of the Civil Code.
11.2. The Administrator is not responsible for the blocking by mail server administrators of sending messages to the e-mail address provided by the User or for the deletion and blocking of e-mails by software installed on the computer used by the User.
11.3. For statistical purposes and to ensure the highest quality of service, the Catalog uses information stored by the server on the User's end device, which is then read each time the web browser connects (so-called cookies). Users can change their browser settings at any time to prevent cookies from being accepted or to notify them when they are being sent. Blocking cookies may result in the Catalog not functioning properly on the User's end.
11.4. The Administrator reserves the right to change the content of the Terms of Use document for necessary technical, legal and/or organizational reasons.
11.5. In matters not covered by the regulations, the provisions of the Civil Code and the Act of 2 March 2003 "On the protection of certain consumer rights and liability for damage caused by a dangerous product" shall apply.