TERMS AND CONDITIONS OF THE ONLINE SHOP

https://sabercnc.com

§1

Seller's designation

1. The owner of the Shop is

SABER CNC DAWID TURZYŃSKI

based in Szablewo 4, 83-425 Dziemiany

NIP: 5911694381

REGON: 221848822

Phone number: + 48 507 279 677

E-mail: dt@ncsystems.eu

§2

General provisions

1. The Internet shop [hereinafter referred to as the Shop] conducts sales via the Internet on the basis of these Regulations [hereinafter referred to as the Regulations].

2. The Customer [further Customer] may be:

  • an adult natural person with full legal capacity residing in Poland or in the European Union,

  • an adult natural person conducting business activity based in Poland or in the European Union,

  • a legal person or an organizational unit without legal personality, to which the act grants legal capacity, with its seat in Poland or in the European Union, which is entitled to make decisions and incur liabilities on behalf of the entity,

  • a minor acting with the consent of the parent or legal guardian.

3. The Regulations are an integral part of the sales contract concluded with the Customer.

4. The prices in the Shop are gross prices (including VAT).

5. The goods available in the Shop are new and free from physical and legal defects. Exceptions are goods with clearly marked defects and traces of use. Liability for defects is determined by applicable laws, in particular Article 12(1) point 13 of the Act on Consumer Rights. ( OJ 2014, item 827 with later changes), art. 556 and 5561-5563 of the Civil Code (OJ 1964 No. 16 item 93 with later changes).

6. The Shop is a marketer of electrical or electronic equipment within the meaning of the Act of 11 September 2015 on Waste Electrical and Electronic Equipment (OJ of 2015, Item 1688).

§3

Orders

  1. Orders can be placed through the interactive forms available on the Shop's website (customer basket).

  1. The condition for the fulfillment of the order is to provide data allowing for verification of the Customer and the recipient of the goods. The Shop confirms acceptance of the order by sending a message describing the subject of the order to the e-mail address provided when placing the order. If the Customer provides incomplete, erroneous, contradictory information when placing an order, the Shop will contact the Customer to remove the errors. When placing an order, the Customer makes an offer to conclude a contract of sale of the ordered products.

  1. The parties are bound by the information visible on the Shop's website with the purchased goods at the time of order. This applies in particular to: the price, characteristics of the goods, their features, elements included in the set, dates and method of delivery.

  1. After the order is completed, it is verified. Then the Shop sends information about the acceptance of the order for execution and its subsequent stages to the e-mail address provided by the Customer. The information about acceptance of the order for completion is the Seller's declaration of acceptance of the offer referred to in §3.2 and as soon as it is received by the Customer, a Sales Agreement is concluded. After the conclusion of the Sales Agreement, the Shop confirms to the Customer its terms and conditions by sending them to an e-mail address.

  1. The information on the Shop's website does not constitute an offer within the meaning of the Civil Code.

§4

Payments

  1. The customer has a choice of payment method:

  • electronic payment through Krajowy Integrator Płatności S.A. (https://tpay.com/),

  • electronic payment via PayPal (https://paypal.com).

  • electronic payment via Stripe (https://stripe.com)

2. Shipping prices are specified in the order summary.

3. The condition for the release of goods is payment for the goods and shipment.

4. In case of payment by bank transfer, the amount due should be paid within 7 days from the date of order confirmation.

§5

Shipping of goods

The shop sends the ordered goods via courier companies.

§6

Warranty complaints

1. In the case of non-compliance of the goods with the contract, the Customer should send the advertised goods back to the Shop together with a description of the non-compliance.

2. The Shop shall respond to the Customer's complaint within 14 days of the return of the goods together with a description of the discrepancies.

3. A specimen complaint form is attached as Appendix 2 to the Regulations.

4. The shop is liable to the customer on the basis of the warranty law, regulated by the Civil Code of 23 April 1964. ( OJ No. 16, item 93 as amended) for a period of 24 months.

5. At the time of the occurrence of a defect, the Customer may demand from the Shop ( on the basis of the warranty right):

  • exchange the goods for new ones;

  • repair the goods;

  • price reductions;

  • withdrawal from the contract - if the defect is significant.

The store will respond to the Customer's requests within 14 days of receiving the request. The Shop will consider the Customer's requests, taking into account the following circumstances:

  • easy and quick replacement or repair of goods;

  • nature of the defect - significant or insignificant;

  • whether the goods have been claimed before.

6. The Shop may refuse the Customer's requests to replace or repair the goods provided that replacement or repair of the goods is not feasible, or would require excessive costs compared to the second possible request. In such a case the Shop will offer an alternative solution.

7. Every Customer who is a consumer may use out-of-court means of complaint handling and claiming. In order to take advantage of the possibility of amicable settlement of disputes concerning Internet purchases, the Customer may submit his or her complaint e.g;

  • via the EU ODR internet platform, available at the address: http://ec.europa.eu/consumers/odr/ ,

  • - through the Pomeranian Voivodeship Trade Inspector in Gdańsk, Marii Konopnickiej 4 Street, 80-240 Gdańsk http://ihgd.pl

The course of proceedings for the out-of-court resolution of consumer disputes is determined by the currently applicable laws (in particular, the Act of 23 September 2016 on out-of-court resolution of consumer disputes).

8. Any complaints regarding the use of the Services provided by the Shop should be sent to the addresses given in paragraph 1 of these Regulations.

9. Pursuant to Article 558 of the Civil Code, the warranty liability of the Shop is excluded for contracts concluded with Customers who are not consumers.

§7

Right of withdrawal

1. On the basis of the Act on Consumer Rights of 30 May 2014, a customer who is a consumer has the right to withdraw from the contract without giving any reason.

2. Withdrawal from the contract is effective if the Customer makes a declaration of withdrawal within 14 days from the date of delivery of goods. To meet the deadline, it is sufficient to submit the statement before its expiry. The form of submission of the declaration may be arbitrary, e.g.

  • the statement may be submitted on a form, a specimen of which is attached to the Act on Consumer Rights of 30 May 2014. (constituting Annex 1 to the Regulations),

  • by e-mail to the address given in paragraph 1 of these Regulations,

  • listownie na adres podany w paragrafie 1 niniejszego regulaminu.

3. The Customer shall return the goods to the Shop within 14 days of submitting the declaration of withdrawal at his or her own expense.

4. The shop shall return the funds within 14 days of receipt of the statement. The Shop may withhold the return of payments received from the Customer until it receives the item back or until the Customer provides evidence of its return, whichever occurs first.

5. The Shop returns the funds using the same payment method used by the Customer. In the case of payment by payment card, the refund is made to the card account.

6. If the Customer has chosen a method of delivery of the item other than the cheapest one offered by the Shop, the Shop shall not reimburse the Customer for additional costs incurred by him/her. The Shop will only reimburse the cost of the cheapest delivery of the item to the Customer.

7. The customer covers all direct costs of returning the goods (e.g. packaging, security, postage).

8. The Customer has no right of withdrawal in cases of contracts:

  • in which the object of the service is an item delivered in sealed packaging which cannot be returned for health protection reasons or for hygiene reasons if the packaging has been opened after delivery;

  • in which the object of the service is an item that is rapidly deteriorating or has a short shelf life;

  • in which the object of the service is an unprocessed item, produced to the Customer's specifications or serving to satisfy his or her individual needs;

  • about the provision of services, if the Shop has fully performed the service with the express consent of the Customer, who was informed prior to the commencement of the service that after the Shop has performed the service it will lose the right to withdraw from the contract;

  • delivery of digital content which is not stored on a tangible medium, if the performance has begun with the Customer's express consent before the end of the withdrawal period and after the Shop has informed him of the loss of the right to withdraw from the contract;

  • in which the object of the service includes items which, by their nature, are inseparably connected with other items after delivery.

9. Pursuant to Article 31 of the Act on Consumer Rights of 30 May 2014, in the case of withdrawal from a distance contract or an off-premises contract, the contract is deemed not concluded.

10. A customer who is not a consumer is not entitled to withdraw from the contract without giving reasons.

11. The Customer shall be liable for any reduction in the value of the item resulting from its use beyond what is necessary to establish the nature, characteristics and functioning of the item.

§8

Services provided by electronic means

  1. The shop provides the following services electronically:  

    • contact through the form;

    • cyclic sending of messages via newsletter;

    • maintaining a Customer Account.

  1. The services specified in point 1 are provided 7 days a week, 24 hours a day.  

  1. Service:

    • contact via form - consists of sending a message by the Customer via the interactive forms contained on the Shop's website. A contract is concluded when the Customer uses the contact form;

    • cyclical sending of messages through a newsletter - involves the cyclical sending of messages by the Shop of commercial and marketing character to the e-mail address given during the conclusion of the contract. A contract is concluded by entering an e-mail address in the appropriate forms, and activating the subscription by clicking on the link that the Shop sends to the given e-mail address. Concluding a contract is also possible by giving consent during registration or placing an order;

    • Client Account management - involves providing an individual panel with the possibility of viewing order history and editing data. A contract is concluded by filling in appropriate interactive forms on the Shop's website.

  1. The cancellation of services provided by electronic means is possible at any time without incurring any additional costs.

    • contact through form service - by ending the use of interactive forms available on the Shop's website;

    • cyclic sending of a message through a newsletter - by sending an e-mail to the address given in paragraph 1. The message should contain data enabling verification of the service subscriber;

    • maintenance of the Customer's Account - by sending an e-mail to the address specified in paragraph 1. The message should contain data enabling verification of the service subscriber.

  1. The Shop may at any time limit, block or remove the Customer's access to the services specified in point 1 if it detects an action to the detriment of the Shop, violates the law, or breaches the provisions of the Regulations. The Shop informs the Customer about blocking or restricting access to services via e-mail sent to the address given in the form.

  1. The services are provided indefinitely, but the Shop may restrict, block or modify access to them by informing the Customer in the manner specified in paragraph 11 point 4.  

  2. Both the Customer and the Shop may terminate the contract for the provision of services specified in point 1 at any time by sending an e-mail with a declaration of will.

§9

Privacy protection

1. The shop processes the Customers' personal data in accordance with the applicable law in the manner specified in the Privacy Policy (Annex 3).

§10

Technical means

1. In order to use the Online Shop, including browsing the range and placing orders for products, it is necessary:

a) terminal device (e.g. computer, tablet, smartphone) with Internet access and Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari;

b) active e-mail account (e-mail);

c) JavaScript enabled;

d) acceptance of the use of cookies (required to place an order).

§11

Entry into force and amendments to the Regulations

1. The Regulations shall come into force on the day of publication on the Shop's website.

2. These Regulations may be amended.

3. Changes to the Regulations will be published on the Shop's website.

4. Information about changes to the Regulations will be sent to the Customer to the e-mail address indicated in the account settings.

5. Amendments to the Regulations shall enter into force 14 days after the date of their publication in the manner specified in paragraph 3.

6. The Shop recognises that a Customer who has an account on the Shop's website has accepted the amendments to the regulations if he has not terminated the agreement by the end of the period indicated in paragraph 5.

7. In matters not regulated by the provisions of these Regulations, Polish law shall apply.