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Terms and Conditions of Sale
Terms and Conditions of Sale applicable to the Online Store of
FALTER Sp. z o.o.
for entrepreneurs and consumers
updated on 25 May 2018
I. GENERAL PROVISIONS
1.1. The Online Store is available under address www.inkjetsolution.eu for its users (hereinafter referred to as: the Buyers), where the orders made by Buyers are processed by the company - firmę Falter Sp. z o.o. located in Pniewy by Poznań, ul. Poznańska 69.
1.2. Party making the sale of products in the online store is Falter Spółka z ograniczoną odpowiedzialnością having registered seat at ul. Poznańska 69, 62-045 Pniewy, POLAND, entered into the Register of Entrepreneurs kept by the District Court Nowe Miasto and Wilda in Poznań, VII Commercial Division of the National Court Register, under KRS number 0000101015, with share capital of 4,500,000.00 zł, VAT (NIP) number 7820020927, Company ID 008492310 hereinafter referred to as STORE.
1.3. Party making the purchase in the online store can be: an Entrepreneur within the meaning of Art. 43 of Polish Civil Code, being either a natural person or legal person or an organizational unit without legal personality, which separate legislation grants legal capacity, conducting business or professional activity in their own name or a Consumer within the meaning of Art. 22 of Polish Civil Code, ie. a natural person making a purchase not related directly to their business or professional activity.
1.4. Sending a correctly completed order form is tantamount to concluding a sales agreement between the Buyer and Falter Sp. z o.o.
II. ONLINE STORE
2.1. Ordering in the online store is done according to the rules laid down in these Terms and Conditions of Sale.
2.2. Online Store of Falter Sp. z o.o., under address www.inkjetsolution.eu, enables Buyers to purchase original HAHNEMUEHLE, ILFORD, AWAGAMI, MITSUBISHI, EPSON, CANON, SOLUTION and other manufacturers products via Internet.
2.3. The offer of the online store of Falter Sp. z o.o. is valid on the territory of the Republic of Poland and abroad. In matters not covered by these Terms and Conditions, in relation to contracts concluded with Customers who are entrepreneurs based outside the Republic of Poland, only the relevant provisions of law in force on the territory of the Republic of Poland shall apply. In matters not covered by these Terms and Conditions, in relation to contracts concluded with Customers who are consumers having a normal place of residence outside the Republic of Poland, only applicable law shall be the law applicable on the territory of the Republic of Poland, however, these consumers may enjoy the protection granted to them on the basis of provisions in force in the territory of the State in which they are habitually resident, when these provisions can not be excluded by contract.
2.4. The basic condition for the realization of purchases is the correct completion of the order form. If order form is filled incorrectly, the order will not be processed. Falter Sp. z o.o. Company therefore reserves the right to reject incorrectly or partially completed order forms. A form filled incompletely shall also be considered to be an incorrectly completed order form.
2.5. The acceptance of any order by the online store is confirmed by e-mail.
2.6. By sending an order to the online store of Falter Sp. z o.o., the Buyer declares that they have read the content of the Terms and Conditions of Sale and undertakes to comply with them.
2.7. Falter Sp. z o.o. Online Store accepts orders around the clock on all days of the year. Orders placed on Sundays and holidays will be processed on the first working day following the day on which the order was placed.
2.8. The Buyer may introduce any corrections to the order, but only related to personal data or company data, and only until the final confirmation, and only in the form of an e-mail sent to the email address: email@example.com.
2.9. All prices in the online store of Falter Sp. z o.o. are prices expressed in Polish zlotys (PLN) Euro (EUR) and include VAT tax. Falter Sp. z o.o. Company reserves the right to change the prices of goods in exceptional cases. In such cases, the company Falter Sp. z o.o. undertakes to inform the Buyer immediately about the situation in the form of an e-mail, no later than within 24 hours of placing an order that has not been confirmed. The Buyer, upon receipt of information, may accept or refuse to accept the changed price. Lack of response within 24 hours of receiving the email will be considered as lack of acceptance. If the Buyer does not accept a new price, the order for a specific product will not be processed and the funds blocked on the card will be released. Price changes do not apply to orders that are being processed, which have already been confirmed by e-mail
2.10. The prices shown in the online store do not include shipping costs.
2.11. Falter Sp. z o.o. issues a VAT invoice for each order. In the order form, the Buyer is obliged to provide his data, necessary for the proper issuance of a VAT invoice. The Buyer authorizes Falter Sp. z o.o. to issue a VAT invoice for purchased goods without the recipient's signature.
III. METHODS OF PAYMENT
3.1. Payment for the ordered goods can be made:
a) by bank transfer to the Store's bank account before delivery of the goods, The Buyer is obliged to pay the bank transfer fee (option OUR):
Bank Zachodni WBK SA
1 Oddział w Poznaniu
Pl. Wolności 15
ACCOUNT (IBAN): PL 04 1090 1463 0000 0001 0225 9493 (PL 84 1090 1463 0000 0001 1025 5121)
SWIFT (BIC): WBKPPLPP
Falter Sp. z o.o.
ul. Poznańska 69
b) By credit card (Visa, MasterCard, itp.),
c) Through PayPal,
d) payment in cash on delivery, to the courier.
3.2. A VAT invoice will be sent along with the e-mail order confirmation. After the transfer of the consignment to the courier, the customer is sent mail with information about the departure of the consignment .
3.3. Settlements by credit card are carried out by Dotpay.pl.
4.1. Falter Sp. z o.o. undertakes to consider the submitted order not later than within 48 working hours from the moment the Buyer places an order through the order form.
4.2. The consideration of the placed order consists of:
- checked the completeness of sent data by Falter Sp. z o.o.,
- in the case of card payments, checking the availability of funds in the amount of the order value.
4.3. After verifying all information given by the Buyer, an e-mail with final confirmation is sent to the Buyer. From that moment, the content of the order can no longer be modified. At the moment of sending the confirmation of the order, the sales contract is concluded.
4.4. The final acceptance of the order means, that the ordered goods will be sent to the Buyer, and in the case of payment by card from the Buyer's account, the previously blocked amount, for which the order was made, will be collected. The time of fulfilment of the order depends on the availability of the goods and is always indicated on the website of the Online Store, for each product which is ordered.
4.5. After the transfer of the consignment to the hands of the courier, Falter sp. z o.o. will send the Buyer an e-mail with the number of the issued VAT invoice.
4.6. Falter Sp. z o.o. is not responsible for delays that may occur in the delivery of purchased goods, for reasons beyond the control of Falter Sp. z o.o., for which the delivery company is responsible.
4.7. Upon receipt of the shipment, the Buyer who is a consumer has the right to inspect the contents of the package in the presence of an employee of the delivery company. If the package does not contain the goods indicated in the order, or the goods are different than the ordered goods, or the goods are damaged, the Buyer has the right not to accept the shipment, in case of which the Buyer should immediately notify Falter Sp. z o.o. via e-mail address:: firstname.lastname@example.org.
4.8. The Buyer, who is an entrepreneur, is obliged to inspect the packaging and its contents at the time of delivery before signing the receipt. If the package or its content are damaged, the Buyer should draw up a damage protocol signed by the courier. In the absence of a damage protocol, Falter Sp. z o.o. is not responsible for any damage caused during the transport of defective goods.
4.9. Ordered goods are sent in stiffened, secure packaging, via Poczta Polska, a courier company DHL or other delivery company. All terms and conditions related to the shipment of goods are set out in the regulations of these companies.
4.10. Shipping and collection costs, covered by the Buyer, are added to the order price after being calculated by the system.
V. DEFECTIVE MERCHANDISE (ENTREPRENEUR)
5.1. Responsibility of Falter sp. z o.o. under the warranty for material defects is limited to defects occurring in the implementation of the order and the situation in which the supplied goods are incomplete. In the event of the abovementioned defects in the goods, the Buyer being an Entrepreneur should fill out a complaint form and send it to Falter Sp. z o.o. (ul. Poznańska 69, 62-045 Pniewy) or via e-mail to Falter Sp. z o.o. - email@example.com before returning the goods. Responsibility of Falter Sp . z o.o. is limited only to the amounts actually paid by the Buyer being an entrepreneur for the ordered goods and only in cases provided for in these Terms and Conditions of Sale.
5.2. Shipment made in the process of meeting claims under the warranty for material defects, as well as under the guarantee provided by the distributor, is at the expense of Falter Sp. z o.o.
5.3. Falter Sp. z o.o. is exempt from liability for material defects that arose after the transfer of risk to the Buyer, and for defects caused by the fault of the Buyer.
5.4. Buyer's claims under the warranty for material defects concerning mechanical damage caused during transport will be considered only on the basis of written protocol of damage drawn up at the time of receipt of goods in the presence of an employee of delivery company and confirmed by him.
5.5. In relation to the Buyers who are Entrepreneurs, the responsibility of Falter Sp. z o.o. under the warranty for legal defects of goods is excluded.
5.6. In the event of a delay in the shipment of the ordered goods to the Buyer, who is an Entrepreneur, the Buyer is entitled to withdraw from the contract after expiry of an additional 2 week period designated in writing in a notice to comply with the obligations of Falter Sp. z o.o. Termination of the contract must be in writing to be valid, sent to address: ul. Poznańska 69, 62-045 Pniewy, POLAND, or by sending the notice of withdrawal to the e-mail account of Falter Sp. z o.o., ie. firstname.lastname@example.org.
5.7. In case of withdrawal from the contract referred to in point 6 above, the Store shall refund the paid price for undelivered goods (including shipment fees) within 7 working days from the date of delivery of the statement of withdrawal to Falter Sp. z o.o. or of reception of the e-mail containing such statement by the Store.
VI. DEFECTIVE MERCHANDISE (CONSUMER) INCLUDING THE RIGHT OF WITHDRAWAL
6.1. The Buyer may submit complaints about non-conformity, physical defects and goods damage caused during the transport to the following address: ul. Poznańska 69, 62-045 Pniewy, or by e-mail: email@example.com. Specific rights of the Buyer, being a Consumer, are provided in art. 556 - 576 of the Polish Act of 23 April 1964 - Civil Code (consolidated version Journal of Laws: Dz.U. z 2018 r. poz. 1025 as amended).
6.2. In accordance to the Polish Act of 30 May 2014 on consumer rights (consolidated version Journal of Laws: Dz.U. z 2017 r. poz. 683 as amended) the Buyer being a consumer, has the right to withdraw from the contract of sale, without giving any reason, within 14 days of taking possession of the goods (from the date of delivery), by submitting to Falter Sp. z o.o. a written statement, according to the attached form sent by mail, fax or e-mail.
6.3. In case of sending a statement by fax or e-mail, the written statement should be attached to the shipment of returned goods. In this case, Falter Sp. z o.o. will inform the Buyer immediately via e-mail about receiving the statement..
6.4. Returned goods must be complete and must be in the state unchanged within the ordinary management, which means that the Consumer shall be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
6.5. Returned goods should be sent back at Buyer's own expense to the Store immediately, but not later than 14 days from the date of the statement of withdrawal. Falter Sp. z o.o. reserves the right to refuse an acceptance of items returned by the Buyer by cash on delivery.
6.6. All payments made by the Buyer, who is a consumer, including the cost of delivery of the goods to the Buyer, shall be reimbursed by Falter Sp. z o.o. immediately after checking the goods in the context of their compliance with the requirements described in point 4 above, and no later than within 14 days from the date of receiving the statement of withdrawal from the contract by Falter Sp. z o.o.
6.7. The Buyer is obliged to protect the returned goods from damage. In case of destruction or damage of the goods during transport, Falter Sp. z o.o. will prepare a damage protocol, which is the basis for the claims against the carrier.
6.8. According to the Polish Act of 30 May 2014 on consumer rights (consolidated version Journal of Laws: Dz.U. z 2017 r. poz. 683 as amended) the Buyer who is a consumer is not entitled to withdraw from a contract inter alia in relation to contracts applied to: the non-prefabricated goods, manufactured according to the specifications of the Consumer or meeting his individual needs; the goods in a sealed package, which, after opening the package cannot be returned due to health or hygiene reasons, if the packaging has been opened after delivery; the goods being a sound recording or visual or computer programs delivered in a sealed package if the packaging has been opened after delivery. .
6.9. Complaints can be based on inherent defects in the goods at the time of their delivery to the Buyer. Complaints cannot concern the damage caused in particular due to improper interference of the Buyer, improper use of the goods by the Buyer, unauthorized repairs, changes and alterations.
VII. SAFETY OF ENTREPRENEURS DATA
7.1. Falter Sp. z o.o. and the Buyer, who is an entrepreneur, shall keep confidential all information having an economic value that has been disclosed in the course of the contract.
7.2. Falter Sp. z o.o. is not liable for damages incurred by the Buyer, caused by threats occurring on the Internet, and in particular burglaries to the Buyer's system, third-party password acquisitions, infection of the Buyer's system with viruses, Trojans or malware.
7.3. Falter Sp. z o.o. informs that during the provision of the service in the Buyer's system, Cookies are installed. Installing cookies is necessary for the proper implementation of the service.
7.4. By completing the order form on the Falter Sp. z o.o. Online Store, the Buyer declares that he has read the content of these Terms and Conditions and undertakes to comply with them, which is confirmed by sending a completed order form.
8.1. Falter Sp. z o.o. is the data controller of Buyers' personal data within the meaning of Regulation (EU) of the European Parliament and the Council, number 2016/679 of 27 April 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 (general data protection regulation), hereinafter referred to as: GDPR and the Polish Act of 10 May 2018 on personal data protection (Journal of Laws: Dz.U. z 2018 r. poz. 1000).
8.2. The processing of personal data of the Buyers is in accordance with the provisions of the GDPR and the generally applicable Polish law, in particular with the provisions of the Act of 18 July 2002 on the provision of electronic services (consolidated version Journal of Laws Dz. U. z 2017 r., poz. 1219, as amended) and the provisions of executive regulations to laws.
8.3. Providing their personal data by the Buyers is voluntary, however, the lack of obtaining this data by Falter Sp. z o.o. may prevent or significantly impede the completion of an order.
8.4. Falter Sp. z o.o. collects and processes the personal data of Buyers in following scope:
a) name and surname,
b) e-mail address,
c) telephone number,
d) address of residence,
e) company address,
f) delivery address,
g) PESEL identification number,
h) company name,
i) tax identification number (NIP),
j) the IP number of the device from which the order was made,
l) transaction history,
m) bank and bank account number from which payment was made for the order,
n) Buyer's signature,
o) complaint history,
p) Buyer's opinions,
r) consent or consents given by the Buyer,
s) any additional information about the Buyer, provided by e-mail correspondence or during a telephone conversation.
8.5. All personal data of Buyers collected by the Data Controller will be processed only for the purpose of providing services available in the online store of Falter Sp. z o.o. and for the purpose of providing after-sales services, i.e. for the purpose of:
a) placing an order on the online store www.inkjetsolution.eu,
b) conclusion of a sales contract,
c) handling payment services,
d) organizing the transport of shipments with ordered products,
e) presenting an offer to sell other products of Falter Sp. z o.o.,
f) accepting and considering complaints by Buyers and exercising the right to withdraw from the sales contract,
g) provision and implementation of maintenance services,
h) sending product samples to the Buyers,
i) provision and implementation of recycling services and purchase of used cartridges,
j) issuing a VAT invoice and ensuring the implementation of other tax and accounting purposes,
k) keeping an online store user account,
l) debt recovery of Falter Sp. z o.o.,
m) presenting the offer and implementation of training activites,
n) saving data in Cookies files,
o) conducting research and analysis of the operation of the online store website,
p) sending commercial information through the Newsletter on news and promotions of Falter Sp. z o.o., including about products and promotions offered, training, events and other actions, as well as printing and technical advice (with separate consent expressed by the Buyer).
8.6. Processing of Buyer's personal data for purposes other than those mentioned in 8.5. above (for example for marketing purposes), occurs only with the consent of the Buyer.
8.7. The personal data of the Buyers will be processed in order to provide information about the services and products offered by Falter Sp. z o.o., both in an automated way, through searching in a database, including in the form of profiling, as well as in a non-automated way, but only by authorized persons.
8.8. The Data Controller will process the personal data of Buyers for the period necessary to achieve the purposes for which they were collected or until the Buyer exercises the right to delete or withdraw their consent to data processing, but for a period not longer than 10 years from the date of the last contact with a given Buyer. The data will then be deleted, unless a longer processing period is required or allowed by law (for example to establish, enforce or defend legal claims).
8.9. Falter sp. z o.o., as personal data Controller, will not transfer personal data to other entities, except for the situation, when the entity entitled to obtain personal data will request it on the basis of applicable law (court, law enforcement authority or a third party based on the decision of an authorized body of the state) indicating the legal basis for such action, as well as the situation in which transfer of data to other entities will be necessary for the possibility of ensuring proper order fulfilment in the online store www.inkjetsolution.eu. In particular, personal data is or may be transferred to:
a) Entities and bodies entitled to receive data on the basis of legal regulations,
b) Suppliers of services providing the Data Controller with technical and organizational solutions to manage the Data Controller's organization, in particular courier and postal services, ICT services providers,
c) Suppliers of payroll and accounting services,
d) Providers of legal services and entities supporting the Data Controller in pursuing due claims.
8.10. With respect to personal data, the Buyer has the following rights:
a) the right to access personal data, including the right to obtain a copy of this data;
b) the right to control the processing of data contained in Data Controller's data sets, including the right to inspect the processing history of their data,
c) the right to request supplementation, correction or update of personal data;
d) the right to request the deletion of personal data (the so-called "right to be forgotten");
e) the right to demand limitation of the processing of personal data;
f) the right to object to the processing of personal data;
g) the right to transfer data to another company.
The Buyer may request for the execution of each of the abovementioned rights via e-mail firstname.lastname@example.org or the post address of Falter Sp. z o.o.
8.11. Regardless of the right to demand the implementation of the aforementioned rights, you have the right to file a complaint on the processing of personal data incompatible with the GDPR to the supervisory body, i.e. to the President of the Office for the Protection of Personal Data.
8.12. The Data Controller collects information obtained automatically regarding the IP addresses of users visiting the Website. Information collected in this way serves the administration of the Website, periodic analyzes of visit statistics, determining which websites are visited most often, determining the level of functionality of the Website pages. Information on the users' IP may be transferred to authorized state authorities, at their request for the purposes of proceedings conducted by them or to third parties on the basis of decisions of state authorities.
8.13. Cookies used by Falter sp. z o.o., as Data Controller, are safe for the User's Device, and in particular this way it is not possible to get viruses or other unwanted software or malicious software onto User's Devices. These files allow to identify the software used by the User and adjust the Website individually to each User.
a) Website configuration:
- recognition of the User's device and its location and properly displaying the website, tailored to his individual needs;
b) Implementation of processes necessary for the full functionality of website:
- adjusting the content of the Website pages to the User's preferences and optimizing the use of websites. In particular, these files allow to recognize the basic parameters of the User's Device and properly display the website, adapted to individual needs of the User;
c) Analysis and research as well as audience audit:
- creating anonymous statistics that help to understand how Users use the websites of the Store, which allows improving their structure and content;
d) Ensuring the safety and reliability of the Store.
8.15. The User may independently and at any time change the settings for Cookies, specifying the conditions for their storage and conditions of access by Cookies to the User's Device. Changes to the settings referred to in the previous sentence may be made by the User using web browser settings or by means of the Service configuration. These settings can be changed in particular in such a way as to block the automatic handling of Cookies in the web browser settings or inform them whenever Cookies are placed on the User's device. Detailed information about the possibilities and ways of handling cookies are available in the software (web browser) settings.
8.16. The User may at any time delete Cookies using the functions available in the web browser they use.
IX. FINAL PROVISIONS
9.1. Falter Sp. z o.o. Company reserves the right to:
- change the contents of the Terms and Condition of Sale ; the changes take effect on the day of being published on the website,
- change the prices and amount of the goods in the offer at any time,
- withdraw some of the goods from the offer,
- introduce new goods to the offer of the Online Store.
9.2. In the event of any changes to the Terms and Conditions, the orders which have been placed under the rules of the previously applicable Terms and Conditions, shall be governed by the previous provisions.
9.3. In matters not covered by these Terms and Conditions of Sale, the relevant provisions of Polish law shall apply, including, in particular, the relevant provisions of Polish Act of 23 April 1964 - Civil Code (consolidated version Journal of Laws: Dz.U. z 2018 r. poz. 1025 as amended), and of Polish Act of 30 May 2014 on consumer rights (consolidated version Journal of Laws: Dz.U. z 2017 r. poz. 683 as amended) - in case of consumers.
9.4. All opinions and inquiries regarding the work of the Store should be sent via the contact form or by post and by phone to the following address: Falter Sp. z o.o., ul. Poznańska 69, 62-045 Pniewy, POLAND, phone +48 61 29 38 300, email@example.com.
9.5. The provisions of these Terms and Conditions of Sale enter into force on 25 May 2018.
10.1. Individual discounts will be calculated during the invoicing process.
Falter Sp. z o.o.
ul. Poznańska 69
phone +48 61 29 38 300