ONLINE STORE TERMS AND CONDITIONS
The online store available at https://www.aps-global.com is run by APShome Spółka z o.o. with headquarters in Strzałkowo at ul. Ks. Marusarza 18, 62-420 Strzałkowo, entered into the Register of Entrepreneurs of the National Court Register under the KRS number 6671782429, NIP: 6671782429, REGON: 520808892. Contact details: e-mail address: media@aps-company.com, telephone: +48 501986594. The regulations define the types and scope of the provision of electronic services via the aps-global online store, the rules for concluding sales contracts via the online store, the rules for the performance of these contracts, the rights and obligations of the customer and the seller, as well as the procedure for withdrawing from the contract and complaint procedure.
I. Basic definitions:
1. Online Store - an online store available at https://aps-global.odoo.com
2. Seller - APS Sp. z o.o. and Gotham Audio on the basis of a commercial agreement https://www.aps-company.com/1110-2/
APS Sp. z o.o. with headquarters in Obłaczkowo 16, 62-300 Września at, entered into the Register of Entrepreneurs of the National Court Register under the KRS number 0000381623, NIP: 7891745046, REGON: 301707258
Gotham AG, Heimstrasse 27 - CH 8953 Dietikon, Schweiz Tel. +41 (0) 44 / 840 01 44 - Fax: +41 (0) 44 / 744 25 22 UID#: CHE-108.113.335, ZAZ #:2935-5
3. Customer - a natural person, legal person or an organizational unit without legal personality, the law of which grants legal capacity, concluding an agreement with the seller,
4. Service - electronic services provided by the seller via the online store.
5. Sales contract - a distance contract concluded between the customer and the seller via the online store, the subject of which is the purchase of goods.
6. Goods - a product, a movable item that the customer purchases through an online store.
7. Customer account - a collection of resources in the seller's IT system, where information about the customer is collected, including address information and order history.
II. GENERAL PROVISIONS
1. The seller undertakes to provide services to the customer to the extent and under the conditions specified in the regulations.
2. The customer undertakes to use the online store in accordance with applicable law.
3. The customer using the seller's services is obliged to comply with these regulations.
4. The seller complies with the rules for the protection of customers' personal data provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27/04/2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC.
5. The customer agrees to the collection, storage and processing of personal data by the seller in order to perform the ordered service. Detailed conditions for the collection, processing and protection of personal data by the seller are set out in the "Privacy Policy" of the online store.
6. Goods available in the online store are new, free from physical and legal defects.
7. All prices listed on the website of the online store are gross prices.
8. The Seller reserves the right to make changes to the prices of goods available in the online store, to introduce new goods as well as to carry out and cancel promotional campaigns or make changes to ongoing promotions.
III. SERVICES AND GENERAL TERMS OF PROVIDING SERVICES
1. The seller via the online store provides electronic services consisting of:
• enabling the completion of the order form in order to conclude sales contracts,
• enabling registration and keeping a customer account,
• sending customers information about promotions and goods, eg in the form of a "Newsletter".
2. The services specified in sec. 1 are provided free of charge.
3. The contract for the provision of electronic services in the form of enabling the completion of the order form is concluded with the customer for a definite period of time when he begins to fill in the form and is terminated when he withdraws from completing the form or when the completed form is sent to the seller.
4. The contract for the provision of electronic services in the form of enabling registration and keeping the customer's account is concluded with the customer for an indefinite period at the time of registration in the online store.
5. The contract for the provision of the "Newsletter" service by electronic means is concluded for an indefinite period when the customer subscribes to the "Newsletter" service using the functionality available on the website of the online store.
6. Setting up a customer account ("registration") takes place using the functionality available on the website of the online store - the registration form.
7. Having a customer account is not required to place an order for goods available in the online store.
8. Technical requirements necessary to use the services provided by the seller
• a device with access to the Internet,
• a web browser that supports cookies,
• access to e-mail.
9. The customer pays fees related to access to the Internet and data transmission in accordance with the tariff of his Internet service provider.
IV. SALES AGREEMENT
1. The seller allows you to place orders for goods available in the online store using the order form available in the online store 24 hours a day, 7 days a week.
2. In order to place an order via the order form, the customer selects the goods available in the online store, specifying the quantity he intends to purchase and, if possible, indicating the features of the ordered product. After selecting the goods (adding the goods to the "basket" through the functionality available in the online store), the customer fills in the order form, indicating the data necessary to complete the order by the seller.
3. After receiving the order, the seller sends the customer by e-mail to the e-mail address provided when placing the order, a declaration of acceptance of the order and all information necessary to complete it.
V. TIME OF ORDER COMPLETION AND DELIVERY
1. The seller carries out orders in the order in which they were received.
2. The time of order fulfillment includes preparation, completion, packing and delivery of goods for shipment. The average order fulfillment time for goods available in the seller's warehouse is a working week.
3. In the event that part of the order is not currently available, the customer is informed about it by phone or e-mail and decides on the method of order fulfillment (partial execution, extension of the waiting time, cancellation of the entire order or selection of a replacement product).
4. In the case of orders consisting of several goods with different availability, and to be delivered in one shipment, the time of order fulfillment will depend on the date of completion by the seller of the last goods covered by the order, unless agreed otherwise with the customer.
5. The time of delivery of the goods to the customer by the carrier in accordance with the method of delivery chosen by the customer should be added to the time of order fulfillment.
6. Orders are issued for delivery to the carrier only on working days.
7. The Seller carries out deliveries via courier companies. Delivery costs will be determined individually, depending on the place of the order.
8. After receiving the package, the customer should carefully check the condition of the package and its contents. In the event of any damage or other irregularities, he should draw up a damage report in the presence of the courier and notify the seller.
VI. PAYMENT METHODS
1. The seller enables the following payment methods:
• prepayment via the PayPal electronic payment system
• prepayment in the form of a traditional transfer to the seller's bank account indicated in the message confirming the order.
2. The customer is obliged to make the payment within 7 working days from the date of concluding the contract. In the event of non-payment within the specified period, the sales contract may be terminated.
3. The seller starts the order as soon as the payment is credited to the bank account or when the operator of the electronic payment system receives information about the correct payment by the customer.
4. In the case of cash on delivery, the seller proceeds to the execution of the order after its confirmation.
5. The seller documents the sale of goods with a VAT invoice. The proof of purchase is delivered to the customer together with the goods or electronically to the e-mail address provided by the customer when placing the order.
VII. WARRANTY FOR DEFECTS OF GOODS
1. Pursuant to Art. 556 of the Act of 23 April 1964 of the Civil Code, the seller is liable to the customer if the sold goods have a physical or legal defect. The seller is released from liability under the warranty if the customer knew about the defect at the time of concluding the contract.
2. Delivery of the goods as part of the exercise of the rights resulting from the warranty for defects takes place at the expense of the seller.
3. The Seller is liable under the warranty if the defect is found before the expiry date.
4. Notification of defects in the goods should be sent by e-mail to the address media@aps-company.com or in writing to the address of the seller's company.
5. If the sold item has a defect, the customer may submit a declaration of price reduction or withdrawal from the contract, unless the seller immediately and without undue inconvenience to the customer replaces the defective item with a defect-free one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the seller or the seller has not satisfied the obligation to replace the item with a non-defective one or remove the defect.
6.The customer may, instead of the removal of the defect proposed by the seller, demand that the item be replaced with one that is free from defects, or instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into compliance with the contract in a manner chosen by the customer or would require excessive costs compared to the method proposed by seller.
7. The customer may not withdraw from the contract if the defect is irrelevant.
8. If it is necessary for the assessment of physical defects, the goods should be delivered to the following address: APS Sp. z o.o., Obłaczkowo 16, 62-300 Września.
9. The seller responds to the customer's notification within 14 calendar days from the date of its receipt. Failure to consider the application within the prescribed period is tantamount to taking it into account.
10. The seller covers the costs of collection, delivery, removal of defects or replacement of the goods with a new one.
VIII. WITHDRAWAL FROM THE SALES CONTRACT
1. The customer who is a consumer in connection with art. 27 of the Act of 30 May 2014 on consumer rights, you have the right to withdraw from a distance contract without giving any reason.
2. The right to withdraw from the contract is due within 14 calendar days from the moment the customer or a third party designated by the customer, other than the carrier, takes possession of the goods.
3. To meet the deadline specified in sec. 2, it is enough to send a declaration of withdrawal from the contract before its expiry.
4. The seller will immediately confirm to the customer the receipt of the declaration of withdrawal from the contract.
5. The Seller shall immediately, within no more than 14 calendar days from the date of receipt of the declaration of withdrawal from the contract, reimburse the customer for all payments received from him, including the costs of delivering the goods. The seller refunds the payment using the same method of payment as used by the customer, unless the customer has expressly agreed to a different method of payment refund, which does not involve any costs for him.
6. If the customer has chosen a method of delivery other than the cheapest standard method offered by the seller, the seller is not obliged to reimburse the buyer for the additional costs incurred by him.
7. The customer is obliged to return the item to the seller immediately, but not later than within 14 calendar days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return or deliver the goods before its expiry.
8. The customer bears only the direct costs of returning the goods.
9. The goods must be delivered to the following address: APS Sp. z o.o., Obłaczkowo 16, 62-300 Września.
10. In the event of withdrawal from the contract, the consumer is liable for the reduction in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
11. The right to withdraw from the contract is not available to the customer in relation to the contracts specified in art. 38 of the Act of May 30, 2014 on consumer rights, incl. in relation to a contract in which the subject of the service is an item made at the customer's special request.
IX. WITHDRAWAL FROM THE CONTRACT FOR THE PROVISION OF ELECTRONIC SERVICES AND COMPLAINTS
1. In the case of contracts for the provision of electronic services of a continuous and indefinite nature, the customer has the right to terminate the contract. The customer may terminate the contract with immediate effect and without giving any reason by sending a notice of termination to the e-mail address media@aps-company.com.
2. The Seller reserves the right to terminate the contract for the provision of electronic services of a continuous and indefinite nature with a 14-day notice period in the event of a breach by the customer of the provisions of these Regulations.
3. In the event of non-performance or improper performance by the seller of the services provided via the online store, the customer is entitled to submit a complaint by e-mail to the address media@aps-company.com.
4. A properly submitted complaint should contain the customer's name (name and surname or company name, home address or company's registered office address and e-mail address), the subject of the complaint along with an indication of the period of time to which the complaint relates and the circumstances justifying the submission of the complaint.
5. The complaint is considered by the seller within 14 calendar days from the date of receipt of the complaint.
X. PROVISIONS CONCERNING ENTREPRENEURS
1. The provisions of this paragraph apply only to customers who are not consumers in accordance with Art. 22 of the Civil Code.
2. The Seller reserves the right to withdraw from the sales contract at any time, as long as the goods have not been delivered to the customer, to a third party acting on behalf of the customer or to the carrier performing the delivery to the customer. Withdrawal from the contract by the seller does not give rise to any claims on the part of the customer against the seller.
3. The Seller reserves the right to limit the payment methods available in the online store.
4. Pursuant to Art. 558 of the Civil Code, in the case of the sale of goods to a customer who is not a consumer, the seller's liability under the warranty is excluded.
5. Pursuant to Art. 548 §1 of the Civil Code, upon the release of the goods by the seller to the customer, a third party indicated by the customer or the carrier, the benefits and burdens associated with the goods and the risk of accidental loss or damage to the goods are transferred to the customer.
6. The seller's liability towards the customer is limited only to the actual damage incurred by the customer in connection with improper performance of the contract by the seller, and the seller shall be liable in the amount not exceeding the value of the order placed by the customer.
XI. RESPONSIBILITY
1. The seller is not responsible for entering incorrect data by the customer (in particular by providing incorrect data in the forms available on the website) or for the customer's actions in a way that hinders or prevents the provision and implementation of services by the seller.
2. The seller is not responsible for the consequences of using the online store by the customer in a manner inconsistent with the provisions of the regulations, applicable law and the applicable rules of social coexistence or customs.
3. The seller reserves the right to suspend or terminate the provision of individual functionalities of the online store due to the need for maintenance, review or expansion of the technical base or software. The suspension or termination of the benefits of individual functionalities of the online store may not violate the customer's rights.
XII. INTELLECTUAL PROPERTY
1. All content posted in the online store (including graphics, texts, page layout and logos), not from the customer or other suppliers, benefits from copyright protection and is the sole property of the seller. The use of this content without the written consent of the seller results in civil and criminal liability.
2. The customer is obliged to use any content contained in the online store only for personal use. The use of the content in a different scope is allowed only if it has been expressly indicated by the seller.
XIII. FINAL PROVISIONS
1. The Seller reserves the right to amend these regulations. The amendment to the provisions of the regulations does not apply to customers who placed an order during the validity of the previous version of the regulations.
2. In other matters not covered by the provisions of these regulations, the relevant provisions of polish law shall apply.