TERMS OF SERVICE OF XERALL WEBSITE
These Terms of Service establish the rules governing the use of the Website run by by the Seller at the address www.xerall.com
B-TECHNOLOGY spółka z ograniczoną odpowiedzialnością with its registered office in Jasionka no. 954 (36-002), entered in the business register kept by the District Court in Rzeszów, 12th Commercial Division of the National Court Register (KRS) under number KRS 0000616005, Tax Identification Number NIP: 5170375003, National Business Registry Number REGON: 364334549, share capital in the amount of PLN 8,500.00, is the Seller and the owner of the Website.
Contact and mode of communication between the Seller and Client:
—via phone: +48 505 698 600 (on Business Days, between 10.00 a.m. and 04.00 p.m.);
—via e-mail: firstname.lastname@example.org (on Business Days, between 10.00 a.m. and 04.00 p.m.);
—via mail: Jasionka 954 E, 36-002 Jasionka
|Order Processing Time||time in which an order is picked and then released to a supplier in order to deliver the Product to the address indicated by the Client; The Order Processing Time does not cover the delivery time|
|Business Days||days of the week from Monday to Friday (except for bank holidays)|
|Client||an entity with full capacity to perform acts in law, who places the Order on the Website in compliance with the terms and conditions as prescribed in these Terms of Service, and for the benefit of whom the Seller provides services by electronic means|
|Consumer||a natural person performing a legal transaction which is not directly related to the business or professional activity of such person, with an entrepreneur|
|Account||a service provided by electronic means; a modifiable element of the Website, created by the Client upon completion of the Registration procedure, in which Client’s information and documentation related to his/her Orders are stored|
|Cart||a service provided by electronic means; a form constituting an integral part of the Website’s shopping system, in which the Client indicates and confirms the object and terms and conditions of the Order|
|Newsletter||a free-of-charge service provided by electronic means, through which the Seller communicates news concerning the Website to the Clients by periodically sending them selected and appropriately edited content in the form of an electronic letter|
|Pre-Order||the Order with regard to which the Order Processing Time is individually determined and indicated in the dedicated tab on the Website, in the Product card.|
|Product||a product available on the Website which may constitute the object of the Sales Agreement; relevant and specific properties of each Product are presented on the dedicated subpage of the Website|
|Terms of Service||these terms of service of the Website; The Terms of Service are rendered available free of charge prior to the conclusion of the agreement on the Website, as well as—upon Client’s request—in a way which enables the Client to obtain, copy and record the content of the Terms of Service by means of a teleinformatic system|
|Registration||a service provided by electronic means; procedure completed by the Client in order to create the Account, possibly to place the Order, and make use of certain functions of the Website|
|Website||a website available at the address www.xerall.com through which the Client may in particular place the Order for available Products|
|Sales Agreement||a Product sales agreement within the meaning of the Act of 23 April 1964—the Polish Civil Code, concluded between the Seller and the Client by means of the Website’s sale system in accordance with the provisions of these Terms of Service|
|Order||a declaration of Client’s intent which directly results in conclusion of the Sales Agreement, stating relevant conditions of the Agreement, filed by means of the Cart function; Orders may be placed by electronic means through the Website’s sale system, 24 h a day, 7 days a week, 365 days a year, with a proviso that they are processed on Business Days from 8.00 a.m. to 4.00 p.m.; The Client may place the Orders only for available Products|
1. GENERAL PROVISIONS
1.1. These Terms of Service establish the rules governing the use of the Website, in particular the terms and conditions of using the services provided by electronic means, placing and modifying the Order, filing complaints, and other rights and obligations of the Client and the Seller.
1.2. It is the condition for using the Website to get acquainted with these Terms of Service.
1.3. The Vienna Convention of 11 April 1980 on Contracts for the International Sale of Goods does not apply to any obligations resulting from these Terms of Service.
1.4. None of the provisions of these Terms of Service may be construed as limiting the rights vested in the Consumers in accordance with the applicable provisions of law.
1.5. The Seller does not place on the Website any commercial information or offers filed in an electronic form within the meaning of the Act—Polish Civil Code of 23 April 1964. In particular, the provisions pertaining to filing an offer in an electronic form are not applicable.
1.6. The Client is prohibited from providing content of unlawful nature and using the Website in a way which distorts or prevents its operation.
1.8. The Sales Agreement and the agreement for provision of services by electronic means between the Client and the Seller are concluded pursuant to Polish law with a proviso that such choice may not result in the Client being deprived of the protection resulting from mandatory provisions of law applicable in the Client’s country of habitual residence.
2. ACCOUNT AND OTHER SERVICES PROVIDED BY ELECTRONIC MEANS
2.1. The Website provides the Clients with free of charge services by electronic means in the form of Website’s functionalities, i.e.: interactive forms, in this Registration and contact form, Newsletter, Client’s Account and Cart.
2.2. Using the functions of the forms the Clients are obliged to provide their accurate details.
2.3. Each of the agreements for provision of services by electronic means may be terminated by the Client at any time without providing reasons, in the manner as specified here or in further provisions of the Terms of Service. The agreements for provision of services by electronic means which consist in the use of the form functionalities are concluded for a limited period of time and are dissolved upon sending form’s content to the Seller or Website or upon ceasing to use them. The Client may also resign from the services rendered by means of interactive forms through refraining from using such services.
2.4. In order to set up the Account and gain the status of registered Client, the user has to first complete the Registration procedure. The registration is carried out by using a dedicated form and by activating the “REGISTER” button. Upon Client’s confirming completion of the Registration by means of an activation link sent to his/her e-mail address, the agreement for provision of service of operating the Account by electronic means is concluded between the Client and Seller for an unlimited period of time. The Client may also set up the Account by completing the purchase process.
2.5. In the course of the Registration the Client sets a password, which then enables him/her to access the Account. The Client is obliged to protect the password and may not reveal it to third persons. The Account is non-transferable. The Client is obliged to update the Account details necessary to execute the Order.
2.6. The Client may terminate the agreement for operating the Account at any time with immediate effect, by sending a relevant declaration of intent to the Seller. Termination becomes effective upon receipt of such declaration by the Seller.
3. ORDER AND SALES AGREEMENT
3.1. Orders may be placed by the Clients with the status of a registered and non-registered user of the Website. The non-registered Client places the Order avoiding the Registration and log-in procedure.
3.2. The Client prepares the Order by virtually adding relevant Products to the Cart by means of the “ADD TO CART” button. An effective adding results in a change of the number of Products in the Order list in the Cart tab, which may be freely modified by directly entering a number of Products or by activating + or – buttons.
3.3. Upon confirming the selection of the Products with the “PROCEED TO CHECKOUT” button, the Client confirms his/her personal data and delivery address in the Order form, as well as the payment method, price and delivery mode. Having completed the Order, the Client confirms it and sends it to the Seller by activating the “PROCEED TO PAYPAL” (PAYMENT GATE) button.
3.4. In the course of placing the Order, until activating the “PROCEED TO PAYPAL” button, it is possible for the Client to identify and correct errors in the Order and to modify it through the Website’s sale system.
3.5. After that, the Client may change the Order, in particular he/she may correct errors in the entered data, until sending the Product through direct and immediate (via phone or e-mail) contact with the Seller.
3.6. By placing the Order, the Client makes an offer to conclude the Sales Agreement with regard to the Products selected by him/her, upon terms and conditions as indicated by him/her in the Order. The Sales Agreement is concluded upon Seller’s acceptance of such offer, upon Client’s receipt of the confirmation of the Order conditions sent by the Seller in an e-mail to the address stated by the Buyer in the Order.
3.7. The content of the concluded Sales Agreement is recorded, secured and disclosed to the Client through the Website’s sale system in the Client’s Account and is sent to the Client’s e-mail address indicated by him/her while placing the Order. The Client who placed the Order and received the statement on Seller’s acceptance of the offer will subsequently receive a digital document confirming conclusion of the Agreement along with its content in a manner as described in the preceding sentence.
3.8. The Order Processing Time is up to 10 Business Days, except for the Pre-Order. The process of the Order, except for the Pre-Order, is initiated upon: (a)in the case of cash on delivery—upon conclusion of the Sales Agreement, (c) online payment—upon the Seller’s receipt of the confirmation from the payment operator.
3.9. In the case of the Pre-Order, the Order Processing Time commences on the day stated by the Seller in the dedicated tab on the Website as the time of initiation of sale of the Product to which the Pre-Order refers.
3.10. After the Order Processing Time mentioned above, the Product is released to a carrier.
4. PRICES AND PAYMENT
4.1. The prices provided on the Website’s pages are gross prices (including any customs duties and taxes, in this VAT) and are expressed in USD. The Product prices do not include the costs of delivery.
4.2. Total amount of the Order is calculated according to the choices made by the Client in the Order form, in compliance with the rates indicated there. The final binding amount is indicated to the Client in the Order summary upon sending it to the Seller.
4.3. The Client may choose one of the following modes of payment: (a) wire transfer through an external payment system PayPal operated by PayPal (Europe) S.a r.l. & Cie, S.C.A. with its registered office in Luxembourg, (c) cash payment upon receipt of the delivery.
4.4. The Client is obliged to pay for the Order at the end of online transaction via the payment gate , at the latest, of the date of conclusion of the Sales Agreement, except for cash on delivery.
4.5. For each sold Product a bill of sale in the form of fiscal receipt or VAT invoice is issued upon request of the Client. An accounting document constitutes the confirmation of relevant elements of the placed Order.
4.6. The prices and costs provided on the Website may be changed (in particular by virtue of a special offer or sales of Products, or change of prices by the manufacturer or carrier). The terms and conditions pertaining to the Order may not be changed with regard to the Client who placed an offer in the manner prescribed above prior to a change of prices.
5.1. The Orders are delivered within the territory of US, Europe, Canada, Australia ( other localisation on customer request). The delivery is carried out in the manner chosen by the Client, whereby such choice is limited to: shipping by third party curries
5.2. The Client incurs shipping costs as per the delivery price list indicated in the Order form. Sending the Product is conditional upon making the due payment for the Order, unless the cash on delivery option was chosen.
5.3. The Product is sent to the address indicated in the Order form.
5.4. If prior to release of the dispatch it turns out that it has incurred any shortage or damage, then the carrier is obliged to immediately establish the condition of the dispatch and the circumstances of the damage in a report. The carrier should carry out the said actions also upon request of the Client if he/she claims that the dispatch is broken. The risk of incidental loss of or damage to the Product passes to the Client upon releasing the Product to him/her.
6.1. The Seller is obliged to deliver the Product free from defects to the Client. The Seller is liable against the Consumer if the Product has a physical or legal defect (warranty). If the Product is defective, then the Consumer may file a declaration on reducing the price or rescinding the Sales Agreement, or demand that the defective Product be replaced with one free from defects or the defect be removed. With a proviso that the regulations concerning warranty may be regulated differently in the Consumer’s country. In such a case the Seller is obliged to proceed in compliance with such regulations against the Consumers being citizens of relevant countries and respect the rights vested with them in connection with the complaint.
6.2. Warranty is available to the Consumers only. The Parties, the Client not being a Consumer and the Seller exclude the warranty for defects against each other.
6.3. Complaints on account of warranty should be sent to: email@example.com. In order to facilitate the complaint procedure, the complained Product should be delivered along with the proof of purchase and complaint form (i.e. indication of a person filing the complaint, request to handle the complaint with indication of the manner and the defect).
6.4. The Seller considers the Consumer’s claim within 14 (fourteen) days. The Seller notifies the Client on the consideration of the complaint and its result in a letter sent to the address indicated by the Client in the complaint.
6.5. The complaint procedure accordingly refers to the services provided by electronic means by the Seller. Complaints referring to the services provided by electronic means may also be sent to the Seller’s e-mail address:firstname.lastname@example.org
7.1. A Consumer who has concluded a remote agreement may withdraw from such agreement without providing reasons, by filing relevant declaration in writing within 14 (fourteen) days of: (a) in the case of the Sales Agreement—the date on which the object was taken in the possession by the Consumer or a third person indicated by him/her other than a carrier; (b) in the case of other agreements—the date of conclusion of the agreement.
7.2. If the Consumer files the declaration on withdrawing from the agreement before the Seller accepts his/her offer, then the offer ceases to be effective.
7.3. In order to comply with this term, it suffices to send a relevant declaration prior to the lapse of such term. The Client may use the template of the declaration on withdrawing from the agreement as attached to these Terms of Service and enclosed to the Order. It is obligatory for the Client to use this template.
7.4. In the case of withdrawing from the Agreement, the Seller returns to the Consumer any received payments, including costs of delivery of the objects (with the exclusion of additional costs resulting from the mode of delivery selected by the Consumer other than the cheapest, ordinary delivery mode offered by us), immediately, and in each case not later than 14 (fourteen) days of the date on which the Seller was notified on the decision on exercising the right to withdraw from the Agreement.
7.5. The Consumer is obliged to return the Product to the Seller immediately, but not later than 14 (fourteen) days of the date of withdrawing from the agreement. In order to comply with the term, it suffices to send the Product back prior to the lapse of such term.
7.6. The Consumer is held liable for reducing the value of the Product resulting from using it in a manner beyond necessary in order to determine the nature, features and operation of the Product.
7.7. The Consumer has not a right to withdraw from agreements as specified in Article 38 of the Act on the rights of consumers of 30 May 2014, in particular: agreements where the subject matter of performance is a non-prefabricated item manufactured according to Consumer’s specification or designed to satisfy Consumer’s individual needs; where the subject matter of performance is an item delivered in sealed packaging which cannot be returned after opening due to health protection or hygienic reasons if the packaging was opened after delivery; agreements for provision of services, if the entrepreneur performed the full service upon express consent of the Consumer, who was notified prior to commencing the performance that upon completion of the performance by the entrepreneur he/she will lose the right to withdraw from the agreement; where the object of performance are items which, upon delivery, due to their nature, are inseparably connected with other items; agreements for providing digital content which is not recorded on a physical data carrier if the provision of services has commenced upon express consent of the Consumer prior to the lapse of the term prescribed for withdrawing from the agreement and upon notifying him/her by the entrepreneur on the loss of right to withdraw from the agreement.
7.8. Direct costs of sending the Product back to the Seller in the case of withdrawing from a remote agreement are borne by the Consumer.
8.1. The Seller provides the Newsletter subscription service free of charge for the Client who give his/her voluntary consent to this.
8.2. In order to subscribe for the Newsletter, the Client orders such service by using the form available on www.littles.pl, and by providing his/her e-mail address, and further activating the button “SUBSCRIBE.”
8.3. Upon activation of the “SUBSCRIBE” button, the Seller and the Client conclude the agreement for provision of the Newsletter service for unlimited period of time.
8.4. The Client may at any time terminate the agreement for provision of the Newsletter service with immediate effect by deactivating the subscription by means of a relevant deactivating link provided in the footer of each message sent within the Newsletter.
8.5. The consent on the receipt of commercial information by electronic means sent by the Seller is voluntary, and the Client may cancel it at any time.
9. AMENDMENT TO THE TERMS OF SERVICE
9.1. The Service Provider may amend these Terms of Service due to material reasons, whether legal (change of generally applicable legal provisions related to the Sellers’ activity or change of the Seller’s business form) or technical (modernization of the Website’s infrastructure). The reason for any amendment to the Terms of Service is each time provided in the manner described below.
9.2. Registered Users are notified on any amendment to these Terms of Service by an e-mail sent 7 (seven) days before the new wording of the Terms of Service comes into effect. Unregistered Clients are notified on this fact by a message displayed on the Website’s homepage 7 (seven) days before the new Terms of Service come into effect. In this time the Client has to accept the Terms of Service again or refuse to accept them.
9.3. The Orders placed prior to the effective date of the amendments to the Terms of Service are processed in accordance with the to-date content of the Terms of Service.
10. FINAL PROVISIONS
10.1. Client’s liabilities resulting from the Sales Agreement are satisfied upon payment for the Product and delivery and collection of the Product performed in accordance with the Order.
10.2. Any materials, including graphic elements, layout of such elements, trademarks and other, available on the Website are the object of exclusive rights, in particular they constitute the object of protection of the copyrights and industrial property rights. Using in any form the materials shared on the Website each time require Seller’s consent.
10.3. In the case of a dispute with the Seller, the Client may file a motion to settle the dispute to a permanent consumer arbitration court operating in Poland . The Consumer may also refer to other arbitration court for mediation or settlement (he/she may take advantage of alternative dispute resolution, ADR). To this end, a motion for mediation or motion for settling the case before an arbitration court, depending on the intent of the Consumer, should be filed with the Seller. A list and addresses of entities conducting such proceedings are available at competent bodies, including on their websites.
10.4. A consumer may also take advantage of out-of-court means of considering complaints and seeking claims by means of submitting his/her complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
10.5. If the Client resigns from taking advantage from ADR or ODR, any disputes arising out of the terms of service or sales agreements are settled by a common court with the jurisdiction determined with the use of the rules as prescribed by a legal act applicable to the Client being the Consumer. Any disputes arising between the Seller and the Client not being a Consumer are referred to the court with the local jurisdiction over the registered office of the Seller.
10.7. These Terms of Service become effective as of: 12.02.2017