Terms and conditions of use

TERMS AND CONDITIONS OF THE ONLINE STORE

www.omolion.com

§ 1

GENERAL PROVISIONS

  1. The www.omolion.com store operates on the terms and conditions set forth in these Terms and Conditions.
  2. The Terms and Conditions define the conditions for concluding and terminating Product Sales
  3. Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.omolion.com Store, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of electronic services.   
  4. Upon taking steps to use the Electronic Services of the www.omolion.com Store, each Service Recipient is obliged to comply with the provisions of these Terms and Conditions.
  5. In matters not covered by these Terms and Conditions, the following provisions shall apply:       
    • the Act on the provision of electronic services of July 18, 2002,
    • the Act on consumer rights of May 30, 2014,
    • the Act on out-of-court settlement of consumer disputes of September 23, 2016,
    • the Civil Code Act of April 23, 1964, and other relevant provisions of Polish law.

§ 2

DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS

  • ORDER FORM – a form available on the website www.omolion.com enabling the placement of an Order.
  • CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
  • CONSUMER – a natural person who performs a legal transaction with an entrepreneur not directly related to their business or professional activity.
  • ENTREPRENEUR – a natural person, legal person, or organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
  • PRODUCT – a movable item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
  • TERMS AND CONDITIONS - these Terms and Conditions of the Store.
  • STORE - the Service Provider's online store operating at www.omolion.com.
  • SELLER, SERVICE PROVIDER - Tachion Anna Krawczyk, NIP: 6792607369
  • SALES AGREEMENT - Product Sales Agreement concluded between the Customer and the Seller via the Store.
  • ORDER - Customer's declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.
  • PRICE – the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.

§ 3

INFORMATION ABOUT PRODUCTS AND ORDERING THEM

  1. The Store www.omolion.com sells Products via the Internet.
  2. The Products offered in the Store are new, in accordance with the agreement, and have been legally introduced to the Polish market.
  3. The information contained on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to purchase a specific Product on the terms specified in its description.
  4. The price of the Product displayed on the Store's website is given in Polish zlotys (PLN) and includes all components. The price does not include delivery costs.
  5. Orders can be placed via the website using the Order Form (www.omolion.com Store) – 24 hours a day, all year round.
  6. In order to place an Order in the Store, the Customer must read the Terms and Conditions and accept their provisions when placing the Order.

§ 4

CONCLUSION OF THE SALES AGREEMENT

  1. In order to conclude a Sales Agreement, it is necessary for the Customer to first place an Order using the method provided by the Seller, in accordance with § 3 points 5 and 6 of the Terms and Conditions.
  2. After placing an Order, the Seller shall immediately confirm its receipt.
  3. Confirmation of acceptance of the Order referred to in point 2 of this paragraph binds the Customer to their Order. Confirmation of receipt of the Order is sent by e-mail.
  4. Confirmation of receipt of the Order contains:
    • confirmation of all essential elements of the Order,
    • a contract withdrawal form,
    • these Terms and Conditions containing information on the right to withdraw from the contract.
  5. Upon receipt by the Customer of the e-mail referred to in point 4 of this paragraph, a Sales Contract is concluded between the Customer and the Seller.
  6. Each Sales Agreement shall be confirmed by a proof of purchase, which shall be attached to the Product.

§ 5

PAYMENT METHODS

  1. The Seller offers the following payment methods:
    • payment by traditional bank transfer to the Seller's bank account,
    • payment via an electronic payment system.
  2. In the case of payment by traditional bank transfer, the payment should be made to the following bank account number: 66859100070310056380800001 (Bank Krakowski Bank Spółdzielczy).
    The transfer title should include “Order No. ...”.
  3. In the case of payment via an electronic payment system, the Customer makes the payment before the Order is processed. The electronic payment system allows payment by credit card or quick transfer from selected Polish banks.
  4. The Client is obliged to pay the Price under the Sales Agreement within 7 business days from the date of its conclusion, unless the Sales Agreement states otherwise.
  5. The Product will be shipped only after payment has been made.

§ 6

DELIVERY COST, TIME, AND METHODS

  1. Delivery costs, covered by the Client, are determined during the Order placement process.
  2. The delivery time of the Product consists of the preparation time and the carrier’s delivery time:
    • preparation of Products takes 3 business days,
    • delivery of movable Products by the carrier takes 3 business days from dispatch (delivery is made only on business days, excluding Saturdays, Sundays, and holidays).
  3. Products purchased in the Store are shipped only within Poland via Poczta Polska or a courier company.

§ 7

PRODUCT COMPLAINTS

1. Complaint due to Product non-compliance with the agreement.

  1. The basis and scope of the Seller’s liability to the Consumer Client for non-compliance of the Product with the agreement are defined in the Consumer Rights Act of May 30, 2014.
  2. The basis and scope of the Seller’s liability to the Entrepreneur Client for warranty are defined in the Civil Code Act of April 23, 1964.
  3. The Seller is liable to the Consumer for non-compliance of the Product with the agreement existing at the time of delivery and revealed within 2 years from that moment, unless a longer shelf life has been specified.
  4. Notification of non-compliance and the submission of a claim may be made via e-mail at: biuro@tachion.com.pl or in writing to: Kozy, ul. Nadbrzeżna 76.
  5. The notification should include as much information as possible, in particular the type and date of the defect and contact details. This will facilitate and expedite processing.
  6. To assess non-compliance, the Consumer must make the Product available to the Seller, and the Seller is obliged to collect it at their own cost.
  7. The Seller shall respond to the Client’s request promptly, no later than within 14 days of filing the complaint.
  8. Failure to respond within 14 days in the case of a Consumer complaint is equivalent to acceptance of the complaint.
  9. In the case of a justified complaint from a Consumer, the Seller shall:
    • cover the costs of repair or replacement and redelivery of the Product,
    • reduce the Product’s Price proportionally and refund the difference within 14 days of receiving the statement of reduction,
    • in case of withdrawal from the agreement by the Consumer – refund the Product Price within 14 days of receiving the returned goods or proof of return. The Consumer is obliged to return the goods immediately at the Seller’s expense.
  10. The complaint response is provided in writing or on another durable medium (e.g., e-mail, SMS).

§ 8

RIGHT OF WITHDRAWAL FROM THE AGREEMENT

  1. Subject to point 10 of this paragraph, a Client who is also a Consumer and who has concluded a distance contract may withdraw without giving any reason by submitting a declaration within 14 days.
  2. In the event of withdrawal, the Sales Agreement is considered null and void. The Consumer is obliged to return the Product to the Seller (or deliver it to a person authorized by the Seller) immediately, but no later than 14 days from the day of withdrawal, unless the Seller offered to collect it. Timely dispatch suffices.
  3. Returns should be sent to: Nadbrzeżna 76, 43-340 Kozy.
  4. The Consumer is liable for any diminished value of the Product resulting from use beyond what is necessary to establish its nature, characteristics, and functioning, unless the Seller failed to inform the Consumer about the withdrawal right and provide the form.
  5. The Seller shall refund the Product Price and delivery costs using the same payment method as used by the Consumer, unless the Consumer agrees otherwise without incurring additional costs. The refund shall be made promptly, no later than 14 days from receipt of the withdrawal declaration, subject to points 6–8 of this paragraph.
  6. If the Consumer chose a delivery method more expensive than the cheapest standard one offered by the Store, the Seller is not obliged to refund the extra costs.
  7. The Seller may withhold the refund until receiving the Product or proof of its return, whichever comes first.
  8. The Consumer bears only the direct cost of returning the Product.
  9. The 14-day withdrawal period runs from the day the Consumer (or a designated third party other than the carrier) took possession of the Product.
  10. The right of withdrawal does not apply to Products made to the Consumer’s specification or clearly personalized.
  11. The right of withdrawal is also granted to both parties if the other party fails to perform the contract within the strictly defined time.

§ 9

TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. Through the Store, the Service Provider enables the use of the Electronic Service consisting of concluding Sales Agreements for Products.
  2. Provision of Electronic Services to Service Recipients in the Store is carried out under the conditions specified in the Terms and Conditions.
  3. The Service Provider has the right to place advertising content on the Store’s website. Such content forms an integral part of the Store and the materials presented therein.

§ 10

CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR ELECTRONIC SERVICES

  1. The provision of the Electronic Service specified in § 9 point 1 of the Terms and Conditions is free of charge.
  2. The agreement for the provision of the Electronic Service consisting of enabling an Order to be placed in the Store is concluded for a fixed term and terminates upon placing an Order or ceasing to place it.
  3. Technical requirements necessary for cooperation with the IT system used by the Service Provider:
    • a computer (or mobile device) with Internet access,
    • access to e-mail,
    • an Internet browser,
    • cookies and Javascript enabled in the browser.
  4. The Service Recipient is obliged to use the Store in accordance with the law and good practice, respecting personal rights and intellectual property rights of third parties.
  5. The Service Recipient is obliged to provide data consistent with the facts.
  6. The Service Recipient is prohibited from providing unlawful content.

§ 11

COMPLAINTS RELATED TO ELECTRONIC SERVICES

  1. Complaints related to the provision of Electronic Services via the Store may be submitted via e-mail to: biuro@tachion.com.pl.
  2. The complaint e-mail should include as much information as possible, in particular the type and date of the irregularity and contact details. This will facilitate and expedite processing.
  3. The Service Provider shall review the complaint promptly, no later than within 14 days from submission.
  4. The Service Provider’s response will be sent to the Service Recipient’s e-mail address indicated in the complaint or in another manner specified by the Service Recipient.

§ 12

FINAL PROVISIONS

  1. Agreements concluded via the Store are governed by Polish law.
  2. In the event of inconsistency of any part of the Terms and Conditions with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision.
  3. Any disputes arising from Sales Agreements between the Store and Consumers shall first be resolved through negotiations with the intention of amicable settlement, taking into account the Act on Out-of-Court Consumer Dispute Resolution. If this is not possible or unsatisfactory for either party, disputes shall be resolved by the competent common court, in accordance with point 4 of this paragraph.
  4. Any disputes between the Service Provider and a Client who is a Consumer shall be submitted to the courts competent under the provisions of the Civil Procedure Code of November 17, 1964.
  5. The Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting a request for mediation or for the case to be examined by an arbitration court (form available at: http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at the Voivodeship Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use the free assistance of a county (municipal) consumer ombudsman or a consumer protection organization. Out-of-court complaint and redress procedures are free of charge.
  6. To amicably resolve disputes, the Consumer may also file a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.
  7. Document prepared with the help of an automatic generator available at www.lexlab.pl/generator-regulaminu