Online Store Regulations 

shop.camerimage.pl

 § 1

Preliminary Provisions

The online store shop.camerimage.pl, available at https://shop.camerimage.pl, is operated by the TUMULT Foundation based in Toruń, Rynek Nowomiejski 28, 87-100 Toruń, registered in the National Court Register under the number KRS 0000012434, NIP 9560008579, REGON 001382587, hereinafter referred to as the Seller.

These Regulations are directed at Customers using the Store and set out the rules for using the online store and the rules and procedure for concluding Sales Agreements with the Customer remotely through the Store.

 § 2

Definitions

1. Customer – any entity making purchases through the Store.
2. Seller – the business entity indicated in § 1.1, donating the profit from sales for statutory purposes.
3. Store – an online store operated by the Seller at https://shop.camerimage.pl.
4. Regulations – these store regulations.
5. Order – the Customer’s declaration of intent submitted using the Order Form, aiming directly at concluding a Product Sales Agreement or Products with the Seller.
6. Account – the Customer’s account in the Store, which collects data provided by the Customer and information about Orders placed by him in the Store.
7. Registration Form – a form available in the Store that allows the Customer to create an Account.
8. Order Form – an interactive form available in the Store that allows placing an Order, especially by adding Products to the Basket and specifying the terms of the Sales Agreement, including delivery and payment methods.
9. Cart – a software component of the Store, in which Products selected for purchase by the user are visible, and there is also the possibility to set and modify Order data, especially the quantity of Products.
10. Product – a movable item/service available in the Store, being the subject of a Sales Agreement between the Customer and the Seller.
11. Sales Agreement – a Product sales agreement made or concluded between the Customer and the Seller via the online store. The Sales Agreement also refers to the features of the Product – a service contract and a contract for work.

 § 3

Contact with the Store

Seller’s address: as in § 1.1.

Seller’s email address: [email protected].

Seller’s bank account number: xxxx.

The Customer can communicate with the Seller by letter or email to the addresses given in this paragraph, as well as through the contact form on the Store’s website.

 § 4

Technical Requirements

To use the Store, including browsing the Store’s assortment and placing Orders for Products, the following are required:

1. End device with Internet access and a web browser,
2. Active email account (e-mail),
3. Enabled cookies.

 § 5

General Information

1. To the fullest extent permitted by law, the Seller is not liable for any disruptions, including interruptions, in the operation of the Store caused by force majeure, unauthorized actions of third parties, or incompatibility of the online Store with the Customer’s technical infrastructure.
2. Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products available in the Store’s assortment is possible either by creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data that allows for the processing of the Order without creating an Account.
3. Prices listed in the Store are in Polish zlotys and are gross prices (including VAT).
4. The final (total) amount to be paid by the Customer consists of the price of the Product and the delivery cost (including transportation, delivery, and postal service fees), which the Customer is informed about on the Store’s website during the ordering process and at the time of expressing the intention to conclude the Sales Agreement.
5. If the nature of the subject of the Agreement does not allow, reasonably assessing, for an earlier calculation of the final (total) price, information on how the price will be calculated, as well as transportation, delivery, postal services, and other costs will be provided in the Store in the product description. An order will only be considered placed after the Customer accepts this valuation.

 § 6

Creating an Account in the Store

1. To create an Account in the Store, the Registration Form must be completed. It is necessary to provide the following data: first name, last name, address for the sales document, address for product delivery, email address for order confirmation, phone number, and login and password for the account.
2. Creating an Account in the Store is free.
3. Account activation occurs by clicking on the link in the email sent by the Store to the address provided by the Customer in the form.
4. Logging into the Account is done by entering the login and password set in the Registration Form.
5. The Customer has the possibility at any time, without giving a reason and without incurring any fees, to delete the Account by sending an appropriate request to the Seller, especially via email to the address specified in § 3.

 § 7 

Ordering Rules

To place an Order, you must:

1. Log in or use the option to place an Order without registration.
2. Select the Product/Products that are the subject of the Order, then click the “Add to cart” button (or equivalent).
3. If you chose the option to order without registration – fill in the Order form by entering the recipient’s data and the address for the product delivery, select the type of shipment (method of product delivery), enter the invoice data if they are different from the recipient’s data.
4. If necessary, a logged-in user will be able to complete missing shipping details or change them.
5. Click the “Order and pay” button (or equivalent).
6. Choose one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 8 item 3.
7. Unpaid orders will not be accepted by the Seller for processing.
8. After registering the payment, the Customer will be informed by email about the acceptance of the Order for processing.

 § 8

Offered Delivery and Payment Methods

1. The Customer can use the following methods of delivery or receipt of the ordered Product:
2. Courier shipment,
3. Parcel locker shipment,
4. The Customer can use the following payment methods:
5. Payment by bank transfer to the Seller’s account,
6. Electronic payments,
7. Payment by credit card.
8. Payments referred to in point 2 letters b and c will be processed by Przelewy24 – PayPro S.A. Pastelowa 8, 60-198 Poznań, which provides the Przelewy24 payment system and by PayPal (Europe) S.à r.l.et Cie, S.C.A. (R.C.S. Luxembourg B 118 349) for payments in the PayPal system.
9. Detailed information about delivery methods and accepted payment methods can be found on the Store’s website at shop.camerimage.pl.

 § 9

Execution of the Sales Agreement

1. The conclusion of a Sales Agreement between the Customer and the Seller occurs when the Seller sends the Customer an email confirmation of the purchase, as mentioned in §7 p. 8.
2. After payment of the Order, the Seller immediately confirms its acceptance for processing. Acceptance of the Order for processing occurs when the Seller sends the Customer an appropriate email to the address provided during the order placement, containing at least the Seller’s statement of receiving the Order and its acceptance for processing and confirming the conclusion of the Sales Agreement. The Sales Agreement between the Customer and the Seller is concluded upon receipt of the above email by the Customer.
3. If the Customer chooses payment by bank transfer, electronic payments, or credit card payment, the Customer is obliged to make the payment within 7 calendar days from the day of placing the Order – otherwise, the order will be canceled.
4. If the Customer chooses a delivery method other than personal collection, the Product will be shipped by the Seller within the period specified in its description (subject to paragraph 5 of this section) in the manner chosen by the Customer during the ordering process.
5. Delivery time:

a) the case of ordering Products with different delivery times, the delivery date is the longest given date.

b) In the case of ordering Products with different delivery times, the Customer has the option of requesting the delivery of Products in parts or the delivery of all Products after the entire order is completed. However, the Customer must bear the costs of individual deliveries.

c) In the case of the Customer choosing payment by bank transfer, electronic payment, or credit card, the start of the delivery period to the Customer is counted from the day of crediting the Seller’s bank account.

6. Product delivery takes place in Poland and outside its borders within the European Union and in the United Kingdom and the United States of America.

7. The delivery of the Product to the Customer is subject to a fee. The costs of delivering the Product (including transportation fees, delivery charges, and postal services) are indicated to the Customer on the pages of the Online Store during the order placement process. If the delivery of goods outside of Poland entails additional costs (e.g., customs duties), the Customer bears the full cost of these payments.

 § 10

Right to Withdraw from the Contract

1. The Customer has the right to withdraw from the Sales Contract within 14 days without providing any reason.
2. The period mentioned in point 1 starts from the day the Product is delivered to the Customer.
3. For Contracts that include multiple Products, the period mentioned in point 1 starts from the delivery of a specific part of the Order.
4. The Customer can withdraw from the Contract by submitting to the Seller a statement of withdrawal from the Contract. To meet the withdrawal deadline, it is sufficient for the Customer to send the statement before the end of this period.
5. A completed withdrawal form can be sent by email or included in the package with the goods. The withdrawal form can be downloaded from the Store’s website. The form template is also Annex no. 1 to these Regulations.
6. If the Customer sends the statement electronically, the Seller will immediately send a confirmation of receipt to the email address provided by the Customer.

7. Consequences of withdrawal:

       a) In the case of withdrawing from a distance contract, the Contract is considered null and void.

       b) In the case of withdrawal, the Seller immediately returns to the Customer all payments made by them, including the costs of delivering the goods, except for additional costs resulting from the delivery method chosen by the Customer that is different from the cheapest standard delivery offered by the Seller within the given delivery method and its dimensions.

       c) The Seller will refund using the same payment methods used by the Customer in the initial transaction.

       d) The Seller may withhold the refund until receiving the Product and verifying its condition.

      e) The Customer should return the Product to the address specified in paragraph 3 point 1 of these Regulations immediately, no later than 14 days from the day they informed the Seller about the withdrawal from the Contract. The deadline will be met if the Customer sends back the Product before the 14-day period expires.

       f) The Customer bears the direct cost of returning the Product.

       g) The Customer is only responsible for the decrease in the value of the Product resulting from using it in a way other than what was necessary to determine the nature, characteristics, and functioning of the Product.

8. The right to withdraw from a distance contract does not apply to the Customer in relation to the Contract:

       a) Where the subject of the service is a non-prefabricated item, produced according to the Customer’s specifications, or serving to satisfy their individualized needs.

       b) For service provision, if the Seller fully performed the service with the explicit consent of the Customer, who was informed before the commencement of the service that they would lose the right to withdraw after the service completion.

       c) Where the price or remuneration depends on fluctuations in the financial market, which the Seller has no control over, and which may occur before the withdrawal period expires.

       d) Where the subject of the service are items that, due to their nature, become inseparably connected with other items after delivery.

       e) Where the subject of the service are audio or visual recordings or computer software delivered in sealed packaging, if the package has been opened after delivery.

       f) For the delivery of digital content not provided on a tangible medium if the service began with the express consent of the Customer before the withdrawal deadline and after informing them by the Seller of the loss of the right to withdraw.

 § 11

Product Complaint

1. The Sales Agreement covers new, unused Products.
2. The Seller is obliged to deliver to the Customer products free from defects.
3. If a defect occurs in the Product purchased from the Seller, the Customer has the right to file a complaint based on the warranty provisions in the civil code.
4. The complaint should be reported electronically to the address specified in §3 point 2 of these Regulations using the electronic complaint form provided by the Seller on one of the Store’s subpages.
5. It is recommended that the complaint includes a brief description of the defect, circumstances (including date) of its occurrence, data of the Customer filing the complaint, and the Customer’s demand in relation to the defective product.
6. The Seller will respond to the complaint request immediately, no later than within 14 days from receiving the complaint. If the Seller doesn’t do so within this period, it’s assumed that the Customer’s request is considered justified.
7. Goods returned under the complaint procedure should be sent to the address specified in § 3 of these Regulations.

 § 12

Out-of-Court Ways of Handling Complaints and Pursuing Claims

1. Detailed information about the possibility for the Customer to use out-of-court methods of handling complaints and pursuing claims and the rules for accessing these procedures are available at the offices and websites of district (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

2. The Customer has the following options to use out-of-court methods of handling complaints and pursuing claims:
3. The Customer is entitled to apply to a permanent amicable consumer court, as referred to in Art. 37 of the Act of December 15, 2000, on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to resolve the dispute arising from the concluded Sales Contract.
4. The Customer has the right to apply to the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request for mediation in resolving the dispute between the Customer and the Seller.
5. The Customer can obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization, whose statutory tasks include consumer protection (e.g., Consumer Federation, Association of Polish Consumers).

 § 13

Personal Data in the Online Store

1. The administrator of personal data of Customers collected via the Online Store is the Seller.
2. Customers’ personal data collected by the administrator through the Online Store are processed for purposes and to the extent described in detail in the Privacy Policy of the Store.

 § 14

Final Provisions

1. Contracts concluded through the Online Store are made in either Polish or English, depending on the language version of the Store chosen by the Customer.
2. The Seller reserves the right to make changes to the Terms and Conditions for valid reasons, namely: changes in legal regulations, changes in payment and delivery methods – to the extent that these changes affect the execution of the provisions of these Terms and Conditions. The Seller will inform the Customer about any changes upon their first login after the change has been made. In the event of non-acceptance of the changes, the use of the Store’s functionality in its full scope will not be impossible.
3. Matters not regulated in these Terms and Conditions shall be governed by the generally applicable provisions of Polish law, in particular: the Civil Code; the Act on the provision of electronic services; the Consumer Rights Act; the Personal Data Protection Act.