OPTOMER ONLINE STORE – Online Store Terms and Conditions determining i.a. terms of concluding sales contracts through the Shop, containing the most important information about the Seller and the Shop

LIST OF CONTENTS

Section 1 Definitions

Section 2 Seller’s contact details

Section 3 Technical requirements

Section 4 Purchasing at the Shop

Section 5 Payments

Section 6 Performing orders

Section 7 Complaints

Section 8 Personal data

Section 9 Restrictions

Section 1 DEFINITIONS

Business days – Monday through Friday with the exception of public holidays in Poland.

Account – a free-of-charge function of the Shop (online service), regulated by separate terms and conditions, which allows the Buyer to register his/her own individual account at the Shop.

Consumer – consumer in the meaning of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.

Buyer –  entity which is not the Consumer making a purchase at the Shop.

Terms and Conditions – these Terms and Conditions.

Shop – OPTOMER ONLINE STORE online shop maintained by the Seller at the address https://optomer.eu/ directed to Buyers.

Seller – OPTOMER MELLER RZETELSKI SPÓŁKA JAWNA with its registered seat at ul. Kaczeńcowa 8, 91-214 Łódź, Poland, entered into the National Court Register – register of entrepreneurs by SĄD REJONOWY DLA ŁODZI ŚRÓDMIEŚCIA W ŁODZI, XX WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO, under KRS no. 0000092137, European Union VAT Identification Number PL7260129295, REGON no. 47058609400000.

Section 2 SELLER’S CONTACT DETAILS

• Postal address: ul. Kaczeńcowa 8, 91-214 Łódź, Poland
• E-mail address: contact@optomer.eu
• Phone number: +48 42 640 52 15

The basic tariff of the telecommunications operator used by the Buyer applies to phone calls made by the Buyer. The Seller points out that the cost of non-domestic calls may be higher than the cost of domestic calls – depending on the tariff adopted by the Buyer’s operator.

Section 3 TECHNICAL REQUIREMENTS

1. A device with Internet access and web browser supporting:
   • cookie files
   • JavaScript is required for the proper functioning of the Shop.
2. An active e-mail account is required to place an order at the Shop, in addition to the requirements specified in subsection 1.

Section 4 PURCHASING AT THE SHOP

1. Only the Buyer who is not the Consumer may place an order at the Shop.
2. The prices of the goods displayed at the Shop are the total prices.
3. The prices of the goods at the Shop are presented in EUR or USD.
4. The prices of the goods at the Shop are visible only to the Buyers who are logged in an active Account at the Shop.
5. The total price displayed at the Shop does not includes delivery cost.
6. Delivery costs depend on the size of the order, country of shipment and the current carrier’s price list. The final price of delivery cost is agreed with the customer after placing the order.
7. The Buyer first adds the chosen good to the Shop cart.
8. Then the Buyer chooses the means of delivery and payment available at the Shop and also provides any data necessary for the performing of the order.
9. The order is placed when the Buyer confirms its content and accepts the Terms and Conditions.
10. A store employee contact the buyer to determine the estimated delivery date and cost of delivery.
11. Placing the order and approval of the delivery date and costs is tantamount to conclusion of the sales contract between the Buyer and the Seller.
12. To purchase goods at the Shop the Buyer must have an active Account at the Shop. The Account is activated after verification of the Buyer.

Section 5 PAYMENTS

1. Subject to subsection 2, the following form of payment is available at the Shop: a regular transfer to the Seller’s bank account.
2. Additional information about the means of payment can be found at the relevant tab at the Shop, including information about the possibility of using specific means depending on the Buyer’s country.
3. In case the Buyer chooses to pay for the order in advance, the payment should be made within 7 Business days from receiving a proforma invoice from an Optomer representative.
4. By making a purchase at the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his/her consent.

Section 6 PERFORMING ORDERS

1. The Seller is obliged to deliver the goods without any defects.
2. Estimated time for order fulfilment depends on current inventory of production components and the production load at the time the order is placed.
3. The time for order fulfilment will be specified after placing the order.
4. If the Buyer chooses to pay for the order in advance, the Seller will commence fulfilment of the order after having received the payment.
5. If multiple goods are ordered by the Buyer in one order, the order will be performed in the time corresponding to the good with the longest time for order fulfilment.
6. The goods purchased at the Shop are delivered to the all countries within the European Union.
7. Shipments to countries outside the European Union require prior arrangement with a store employee.
8. Goods purchased at the Shop are delivered, depending on the mean of delivery chosen by the Buyer:
   1. via a delivery company;
   2. online – for digital content.

Section 7 COMPLAINTS

1. If any additional guarantee was provided for the good, the information about it and about its conditions is available in the good description at the Shop.
2. Complaints concerning the functioning of the Shop should be reported electronically to the e-mail address specified in section 2 of the Terms and Conditions.
3. The Seller will review the complaint within the period of 14 days.

Section 8 PERSONAL DATA

1. Controller of personal data provided by the Buyer when using the Shop is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as on data recipients – can be found in the Privacy Policy available in the Shop – due to the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council on data protection – “GDPR”.
2. The objective of processing Buyer’s data by the Seller provided by the Buyer in relation to shopping in the Shop is to fulfil orders. The basis for processing personal data in this case is:
   • an agreement or actions taken at the request of the Buyer in order to conclude the agreement (point (b) of Article 6(1) of the GDPR), the Seller’s legal obligation related to accounting (point (c) of Article 6(1) of the GDPR), and the Seller’s legitimate interest consisting in processing data in order to determine, exercise or defend any possible claims (point (f) of Article 6(1) of the GDPR).
     
3. The provision of data by the Buyer is voluntary, but at the same time necessary to conclude the agreement.
   Failure to provide such data will make it impossible to conclude the agreement in the Shop.
   
4. The Buyer’s data provided in connection with shopping in the Shop will be processed until:
   • the agreement concluded by and between the Buyer and the Seller expires;
   • the Seller ceases to be bound by the legal obligation that obligates the Seller to process Buyer’s data;
   • the Buyer or the Seller ceases to be able to exercise claims related to the agreement concluded by the Shop;
   • the Buyer’s objection to the processing of their personal data is accepted – if the processing was based on the legitimate interest of the Seller
     – depending on what is applicable in a given case and what happens latest.
     
5. The Buyer has the right to request:
   • access to their personal data,
   • their rectification,
   • their deletion,
   • restriction of processing,
   • transfer of data to another controller and the right to:
   • object to processing of data at any time on grounds relating to a specific situation of the Buyer – to processing of personal data concerning the data subject, based on point (f) of Article 6(1) of the GDPR (i.e. on legitimate interests pursued by the controller).
     
6. In order to exercise his/her rights, the Buyer should contact the Seller using data indicated in section 2 of the Terms and Conditions.
7. If the Buyer considers that their data is processed illegally, the Buyer may lodge a complaint with the President of the Personal Data Protection Office.

Section 9 RESTRICTIONS

1. The Buyer is forbidden to provide content of illegal nature.
2. Each order placed at the Shop requires conclusion of a separate contract and separate acceptance of the Terms and Conditions. The contract is concluded for the time and for the purpose of order fulfilment.
3. Any contract concluded on the basis of the Terms and Conditions is governed by the provisions of the Polish law.
4. The contracts concluded through the Shop are concluded in English.
5. The provisions regarding goods and sales contracts apply accordingly to digital content and contracts for the supply of digital content, provided the Terms and Conditions do not specify those issues separately.
6. Any liability of the Seller towards the Buyer within the limits permitted by law is excluded.
7. Any dispute arising between the Seller and the Buyer will be submitted to the court competent for the Seller’s registered office.