Terms and regulations
TELESCOPESPLANET.COM ONLINE STORE TERMS AND CONDITIONS
These Terms and Conditions specify the general terms and conditions, rules and method of sales conducted by Infinity Fund spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered seat in Wrocław through telescopesplanet.com online store (hereinafter referred to as "Online Store" or "Store") and define the terms and conditions of provision of free electronic services by Infinity Fund spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered seat in Wrocław.
§ 1 Definitions
1. Working days - means all days of the week from Monday to Friday, excluding public holidays.
2. Delivery - means the actual act of delivering the Goods specified in the order by the Seller to the Customer, through the Supplier.
3. Supplier - means the entity cooperating with the Seller in the scope of the Delivery of Goods.
4. Password - means a sequence of letters, digits or other characters chosen by the Customer during the Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
5. Customer - means a natural person aged 18 and above with full capacity to perform acts in law, including a Consumer or Entrepreneur with consumer rights, a legal person or an organisational unit without legal personality, using or intending to use the Online Store and enter into an Agreement by means thereof.
6. Civil Code - means the Act of 23 April 1964 (Dz.U. /Journal of Laws/ of 1964, No. 16, item 93 as amended).
7. Consumer - means a natural person aged 18 and above with full capacity to perform acts in law, concluding an Agreement with the Seller that is not directly related to business or professional activity.
8. Customer Account - means an individual panel operating in the ICT system, operated via the Online Store, established by the Customer after Registration and maintained for the Customer by the Seller, which enables, in particular, identification of the Customer and conclusion of the Agreement.
9. Login - means an individual identification of the Customer, established by them, consisting of a sequence of letters, digits or other characters, required together with a Password to create a Customer Account in the Online Store. The login is the Customer's proper e-mail address.
10. Newsletter - means an Electronic Service provided by the Seller through the Online Store that involves regular e-mail or SMS messages sent to the Customer by the Seller, containing commercial information regarding news, promotions, Goods or Services of the Seller or promoting the image of the Seller or other entities cooperating with the Seller.
11. Entrepreneur - means a natural person, a legal person or an organisational unit that is not a legal person but to whom legal capacity is granted by law, conducting a business or professional activity in its own name and performing a legal act directly related to its business or professional activity.
12. Entrepreneur with consumer rights - means a natural person concluding an Agreement directly related to its business activity, when it results from the content of the Agreement that for that person it is not of a professional nature, resulting, in particular, from the subject of its business activity, made available under the provisions on the Central Registration and Information on Business.
13. Terms and Conditions - means these Terms and Conditions.
14. Registration - means an actual action performed as specified in the Terms and Conditions, required for the Customer to use all the functionalities of the Online Store.
15. Seller or Service Provider - means Infinity Fund spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered seat in Wrocław at ul. Jana Długosza 42-46, entered into the Register of Entrepreneurs maintained by the District Court for Wrocław-Fabryczna, 6th Commercial Division of the National Court Register under KRS No. 0000562916, NIP No.: 8952046284; e-mail: info@infinityfund.pl.
16. Goods - means a product, understood as a movable property presented by the Seller through the telescopesplanet.com Online Store, which may be the subject of a Sale Agreement concluded between the Seller and the Customer; Goods with a Digital Element – means Goods containing or connected to digital content or a digital service in such a way that the absence of the digital content or the digital service would prevent its proper functioning.
17. Digital Content - means data produced and delivered in digital form made available through the Online Store.
18. Electronic Services - means free-of-charge services provided electronically by the Seller to the Customer via the Online Store (Customer Account, order form, Newsletter, adding reviews).
19. Agreement - means the agreement concluded between the Seller and the Customer, the subject of which is the sale of Goods, the provision of Digital Content or the provision of Electronic Services to the Buyer.
20. Act - means the Act of 30 May 2014 on consumer rights (Dz.U. /Journal of Laws/ of 2014, item 827, as amended).
§ 2 General provisions and use of the Online Store
1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its domain name, the Online Store's website, as well as to the templates, forms, logotypes placed on the Online Store's website (with the exception of logotypes and photographs presented on the Online Store's website for the purpose of presenting the Goods, copyrights to which are held by third parties) belong to the Seller, and they can be used only as specified and in compliance with the Terms and Conditions and with the Seller's consent granted in writing.
2. To place an order in the Online Store through the Store's website and to use the services provided electronically through the Store's website, the Customer needs an active e-mail account.
3. The Customer is not allowed to provide illegal content and to use the Online Store, the Store's website or free services provided by the Seller in a manner contrary to the law, good practices or violating personal rights of any third parties.
§ 3 Electronic Services
1. The Seller provides the Customer with the following free Electronic Services related to the Online Store: order form, Customer Account, Newsletter and adding reviews by the Customer.
2. The Seller enables the Customer to browse the catalogue of Goods available on the website of the Online Store and to place an order via the order form , which is an Electronic Service used for concluding an Agreement with the Seller. The Customer Account is not required for placing an order via the order form (i.e. it can be done without Registration). When placing an order via the order form, the Customer can read the Terms and Conditions and accept their content by marking the appropriate checkbox on the form. When placing an order, the Customer has the option to subscribe to the Newsletter service specified in Article 3 sec. 4 of the Terms and Conditions. The Agreement for the provision of the service described in this section shall be concluded for a fixed period and shall be terminated as soon as the order is placed or the Customer discontinues placing the order.
3. The Seller enables the Customer to create a Customer Account, which is an Electronic Service which involves the creation and maintenance of an individual Customer panel in which the Customer's data and history of orders placed by the Customer in the Online Store are stored (Registration). The Customer logs into the Customer Account using their Login and Password. The Customer shall secure access to the Customer Account against unauthorised access by third parties. The creation of a Customer Account proceeds in compliance with the rules set out in Article 4 Creation of an Account. The Customer may link the Customer Account to an existing account on other external services, such as Google, PayPal or LinkedIn, in compliance with the rules set out in separate terms and conditions introduced by these services. The Customer may resign from the Customer Account (delete the Customer Account) at any time, without stating a reason, by sending an appropriate request to the Seller, for example using the e-mail address:bok@teleskop.pl. The Agreement for the provision of the service specified in this section shall be concluded for an indefinite period.
4. The Seller enables the Customer to voluntarily use the Newsletter, which is an Electronic Service that involves the Seller sending e-mails or SMS messages containing commercial information regarding news, promotions, Goods or Services of the Seller or promoting the image of the Seller or other entities cooperating with the Seller. Subscription to the Newsletter is done via the Newsletter subscription form available on the Store's website and by ticking the relevant checkbox when placing an order or during Customer Account Registration. The Customer may unsubscribe from the Newsletter at any time by clicking on the unsubscribe button, which is included in each message sent as part of the Newsletter. The Customer may also unsubscribe from the Newsletter at any time, without stating a reason, by sending an appropriate request to the Seller, for example using an e-mail address: bok@teleskop.pl. The Agreement for the provision of the service specified in this section shall be concluded for an indefinite period.
5. The Seller allows the Customer to add a review of the purchased Goods on the Store's website. The conditions for adding reviews by the Customer are defined in Article 13 of these Terms and Conditions. The Agreement for the provision of the service described in this section shall be concluded for a fixed period and shall be terminated as soon as the Customer submits a review or ceases to submit a review.
6. To ensure the security of the Customer and the data transfer in the Online Store and related Services, the Seller shall undertake technical and organisational measures appropriate to the degree of security risk, in particular measures to prevent the acquisition and modification of personal data by unauthorised persons.
7. The Seller takes steps to ensure the proper functioning of the Online Store and the Services provided, so the Customer shall be obliged to inform the Seller about any irregularities or interruptions in their operation.
8. The Seller may carry out technical and IT work to improve the functionality of the Online Store and the provision of the Services, including, in particular: adding new features, changing and removing them, inputting the Services on a different type of device or application.
§ 4 Creation of an Account
1. To create a Customer Account, the Customer shall be obliged to Register (create an account) free of charge, as specified in Article 3 sec. 3 of the Terms and Conditions.
2. Registration is not necessary to place an order in the Online Store.
3. To Register, the Customer should complete the registration form provided by the Seller on the Online Store website and send the completed registration form electronically to the Seller by selecting the appropriate function found in the registration form. During Registration, the Customer sets an individual Password.
4. When completing the registration form, the Customer has the opportunity to read the Terms and Conditions and accept their content by marking the appropriate checkbox on the form. When completing the registration form, the Customer has the option to subscribe to the Newsletter service, as defined in Article 3 sec. 4 of the Terms and Conditions.
5. After submitting the completed registration form, the Customer immediately receives, electronically to the e-mail address provided in the registration form, a confirmation of the Registration by the Seller. At this point, the agreement for the electronic provision of the Customer Account service shall be concluded and the Customer shall be granted to access the Customer Account and make changes to the data provided during Registration.
§ 5 Placement of Orders
1. The information contained on the Store's website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a Sales Agreement.
2. The Customer can place orders in the Online Store through the website 7 days a week, 24 hours a day. To place an order, the Customer may use a Customer Account or place an order using an order form that does not require the use of a Customer Account (order without registration).
3. The Customer placing an order through the Store's website completes the order by selecting the Goods in which the Customer is interested. The Goods are added to the order by selecting the "ADD TO BASKET" command under the given Goods presented on the Store's website. Once the Customer has completed the entire order and has indicated in the "BASKET" the method of Delivery and the form of payment, the Customer places the order by sending the order form to the Seller by selecting the "ORDER AND PAY" button on the Store's website. Each time before an order is shipped to the Seller, the Customer shall be informed of the total price for the selected Goods and Delivery, as well as all additional costs the Customer shall be obliged to pay in connection with the Sales Agreement.
4. Placing an order constitutes an offer by the Customer to the Seller to conclude a Sales Agreement for the Goods which are the subject of the order. Once an order has been placed, the Seller sends a confirmation of the order to the e-mail address provided by the Customer.
5. Subsequently, upon confirmation of the order, the Seller sends information to the e-mail address provided by the Customer about the acceptance of the order for processing. The information about the acceptance of the order for processing is the Seller's declaration of acceptance of the offer referred to in Article 5 sec. 4 above and as soon as it is received by the Customer, the Sales Agreement shall be concluded.
6. Once the Sales Agreement has been concluded, the Seller confirms the terms and conditions of the Agreement to the Customer by sending them to the Customer's e-mail address or in writing to the address indicated by the Customer when registering or placing the order.
§ 6 Price and payment
1. The price on the Store's website next to the particular Goods is the gross price (including VAT) and is the unit price.
2. The price does not include the costs of Delivery and any other costs that the Customer will be obliged to cover in connection with the conclusion of the Sales Agreement. The Customer will be informed of the additional costs when selecting the Delivery method during the ordering process.
3. The price does not take into account customs and tax duties related to the Delivery of the Goods outside the customs territory of the European Union.
4. In each case of information about a reduction in the price of Goods, information about the lowest price for the Goods applicable during the 30 days prior to the introduction of the reduction shall be displayed next to the information about the reduced price. In the case where the Goods are offered for sale for less than 30 days, information on the lowest price for the Goods applicable from the date of commencement of the offering of the Goods until the date of introduction of the reduction shall be displayed next to the information on the reduced price.
5. Goods available as part of a promotion or sale are subject to time and stock restrictions as determined by the Seller. Orders are processed in the order in which they are received by the Seller. The Seller reserves the right to withdraw or terminate a promotion or sale early if the availability limit of the Goods in question has been reached.
6. Information on the forms of payment for orders placed is available on the Store's website. The customer has the right to choose the form of payment. The list of payment methods is available on the Online Store website.
7. The Customer shall be informed each time by the Seller on the Store's website about the deadline by which the Customer shall be obliged to make the payment for the order in the amount resulting from the concluded Sales Agreement.
§ 7 Delivery
1. The Seller shall be obliged to deliver the Goods subject to the Sales Agreement without defects.
2. The Seller shall include on the Store's website information on the number of Working Days required for Delivery and processing of the order.
3. Delivery of the Goods shall be made to the address indicated on the order form by the Customer or to the address of the delivery point selected by the Customer (e.g. InPost parcel locker). The list of delivery methods is available on the Store's website.
4. On the day the Goods are shipped to the Customer, information confirming the shipment by the Seller is sent to the Customer's e-mail address.
5. The Customer shall be obliged to examine the delivered parcel at the time and in the manner usual for parcels of the respective type. In the event that the parcel is found to be damaged or defective, the Customer has the right to request an employee of the Supplier to write a proper protocol.
6. The Seller shall, at the Customer's option, enclose with the parcel being delivered either a receipt or a VAT invoice covering the Goods delivered (in compliance with applicable tax regulations).
§ 8 Guarantee and Warranty
1 The Seller does not provide a guarantee for the Goods sold. In the case of a guarantee for given Goods by the manufacturer or importer of the Goods, its conditions are specified in the description of the Goods, on the Store's website. Guarantee rights must be exercised in compliance with the conditions set out in the guarantee document attached to the Goods.
2. Rights under the guarantee do not exclude warranty rights as defined by separate regulations. The basis and scope of the Seller's liability towards the Customer who is a Consumer or Entrepreneur with consumer rights for non-compliance of the Product with the agreement is set out in Article 11 of the Terms and Conditions, and towards other Customers - in Article 12 of the Terms and Conditions.
§ 9 Complaints
1. Any complaints relating to the Goods/Services or the execution of the Agreement, the Customer may send in writing to the Seller's address or via bok@teleskop.pl.
2. Within 14 days from the date of receiving the Customer's request containing the complaint, the Seller shall respond to the complaint about the Goods/Services or the complaint related to the execution of the Sales Agreement submitted by the Customer. In the case of a complaint from a Customer who is a Consumer or an Entrepreneur with consumer rights, failure to deal with the complaint within 14 days shall be considered as acceptance of the complaint.
3. Detailed information on complaints is available on the Store's website in the Returns and complaints.
§ 10 Withdrawal from the Sales Agreement by the Consumer
1. A consumer who has concluded the Agreement may withdraw from it within 14 days without stating a reason.
2. The period for withdrawal from the Sales Agreement shall begin:
a) in the case of an agreement in the execution of which the Seller delivers the Goods, being obliged to transfer their ownership - from taking possession of the Goods by the Consumer or a third party indicated by the Consumer other than the carrier, and in the case of an agreement which:
- includes multiple Goods that are delivered separately, in batches or in parts - from taking possession of the last Good, batch or part thereof,
- consists of the regular supply of Goods for a fixed period of time - from taking possession of the first of the Goods;
b) for other agreements - on the date of conclusion of the Agreement.
3. The Consumer may withdraw from the Agreement by submitting a withdrawal declaration to the Seller. This declaration can be submitted, for example, in writing to the Seller's address bok@teleskop.pl. The written declaration may be submitted on a form, the template of which has been posted by the Seller on the Store's website at: Withdrawal form. Sending the declaration before the deadline is sufficient to comply with it. The Seller shall immediately confirm receiving the declaration of withdrawal from the Sales Agreement to the Consumer.
4. In the event of withdrawal from the Sales Agreement, it shall be deemed null and void.
5. If the Consumer has made a declaration of withdrawal from the Sales Agreement before the Seller has accepted their offer, the offer shall cease to be binding.
6. The Seller shall be obliged to return all payments made by the Consumer, including the cost of Delivery of the Goods to the Consumer, immediately, no later than within 14 days of receiving the Consumer's declaration of withdrawal from the Sales Agreement. The Seller may withhold the return of the payment received from the Consumer until the Goods have been returned to the Seller or the Consumer provides proof of the Goods having been sent back, whichever occurs first.
7. If the Consumer exercising his right of withdrawal has chosen a method of delivery of the Goods other than the cheapest usual method of delivery offered by the Seller, the Seller shall not be obliged to refund to the Consumer the additional costs incurred by the Consumer.
8. The Consumer shall be obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date of withdrawal from the Sales Agreement. To meet the deadline, it is sufficient to send the Goods back to Logbox, Al. Prezydenta Gabriela Narutowicza 20, Panattoni Airport Park Wrocław, 54-615 Wrocław (POLAND) before that deadline. Detailed information on how to return Goods is available on the Store's website in the Returns and complaints.
9. In the case of withdrawal from the Agreement, the Customer as a Consumer shall bear only the direct costs of returning the Goods.
10. The Consumer shall be liable for any decrease in the value of the Goods resulting from their use beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
11. The Seller shall refund the payment using the same method of payment used by the Consumer unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for the Consumer.
12. The Sales Agreement shall be governed by and interpreted in compliance with Polish law. However, the choice of Polish law may not have the effect of depriving the Consumer of the protection afforded to him by the relevant provisions that cannot be excluded by the agreement under the law of the Consumer's country.
13. The provisions contained in this paragraph shall apply accordingly to Entrepreneurs with consumer rights.
§ 11 The Consumer's rights in relation to the non-conformity of the Goods with the agreement and the Service Provider's liability for the conformity of the performance with the agreement.
1. If the Goods are not in compliance with the agreement, the Consumer shall have the rights set out in the provisions of the Act.
2. The Goods are in compliance with the agreement if, in particular, the following features remain in compliance with the Agreement:
a) description, type, quantity, quality, completeness and functionality, and with regard to Goods with Digital Elements – also compatibility, interoperability and availability of updates,
b) usefulness for a specific purpose of the Consumer, which the Consumer notified the Seller of at the latest at the time of concluding the agreement and which the Seller accepted.
3. In addition, the Goods, in order to be deemed to comply with the agreement, must:
a) fit for the purposes for which Goods of that type are normally used, having regard to the applicable laws, technical standards or good practices,
b) appear in such quantity and have such features, including durability and safety, and in the case Goods with Digital Elements - also functionality and compatibility, as are typical of goods of that type and which the Consumer may reasonably expect, taking into account the nature of the Goods and the public assurances made by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on labelling unless the Seller demonstrates that:
- did not know about the public assurance in question and, assessing reasonably, could not have known about it,
- prior to the conclusion of the agreement, the public assurance was rectified under the conditions and in the form in which the public assurance was given, or in a comparable manner,
- the public assurance did not influence the Consumer's decision to conclude the agreement;
c) be supplied with packaging, accessories and instructions which the Consumer may reasonably expect to be provided;
d) be of the same quality as the sample or model which the entrepreneur has made available to the Consumer before the conclusion of the agreement and correspond to the description of such sample or model.
4. The Seller shall not be liable for any non-conformity of the Goods with the agreement within the scope of sec. 2 or 3 above if the Consumer, at the latest at the time of conclusion of the agreement, has been expressly informed that a specific feature of the Goods deviates from the requirements for conformity with the agreement as set out in sec. 2 or 3 above, and has expressly and separately accepted the lack of a specific feature of the Goods.
5. The Seller shall be liable for non-conformity of the Goods with the agreement resulting from the improper assembly of the Goods if:
1) it was carried out by or under the responsibility of the Seller,
2) the incorrect assembly carried out by the Consumer was due to errors in the instructions provided by the Seller or the third party referred to in Art. 6 sec. 2 of the Act.
6. The Seller shall be liable for any non-conformity of the Goods with the agreement existing at the time of delivery and discovered within two years from that time unless the shelf life of the Goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer. Any non-conformity of the Goods with the agreement which becomes apparent before the expiry of two years from the time of delivery of the Goods shall be presumed to have existed at the time of delivery unless the contrary is proved or the presumption cannot be reconciled with the nature of the Goods or the nature of non-conformity of the Goods with the agreement.
7. The Seller shall not rely on the expiry of the deadline for establishing that the goods are not in conformity with the agreement set out in sec. 6 above if the Seller has fraudulently concealed the lack of conformity.
8. With regard to Goods with Digital Elements, the Seller shall be liable for the non-conformity with the agreement of the Digital Content or the Digital Service delivered on a continuous basis, which has occurred or became apparent at the time they were intended to be delivered in compliance with the agreement. This time must not be shorter than two years from the delivery of the Goods with Digital Elements. The non-conformity of the Digital Content or the Digital Service with the agreement shall be presumed to have occurred during that time if it became apparent during that time.
9. If the Goods are not in conformity with the contract, the Consumer may request their repair or replacement.
10. The Seller may make an exchange when the Consumer requests a repair, or the Seller may make a repair when the Consumer requests a replacement if bringing the Goods into conformity with the agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the agreement.
11. When assessing whether the costs to the Seller are excessive, account shall be taken of all the circumstances of the case, in particular the significance of the non-conformity of the goods with the agreement, the value of the conforming goods and the undue inconvenience to the Consumer caused by the change in the manner of bringing the goods into conformity with the Agreement.
12. The Seller shall carry out the repair or replacement within a reasonable time from the moment the Seller is informed by the Consumer of the non-conformity with the agreement and without undue inconvenience for the Consumer, taking into account the specific nature of the goods and the purpose for which the Consumer purchased the goods. The costs of repair or replacement, including, in particular, the costs of postage, carriage, labour and materials, shall be borne by the Seller.
13. The Consumer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Consumer at its own cost.
14. If the Goods were assembled before the Goods became non-conforming with the agreement, the Seller disassembles the Goods and reassembles them after repair or replacement, or has these activities performed at its own cost.
15. The Consumer shall not be obliged to pay for the mere use of the Goods which are subsequently replaced.
16. If the Goods are not in conformity with the agreement, the Consumer may make a declaration to reduce the price or withdraw from the agreement when:
a) The Seller has refused to bring the Goods into conformity with the agreement in accordance with sec. 10 above,
b) The Seller has failed to bring the Goods into conformity with the agreement in accordance with sec. 9-14 above,
c) The non-conformity of the Goods with the agreement continues even though the Seller has tried to bring the Goods into conformity with the agreement,
d) The non-conformity of the Goods with the agreement is such as to justify either a reduction in price or withdrawal from the agreement without prior recourse to the remedies set out in sec. 9-14 above.
e) It is clear from the Seller's statement or the circumstances that the Seller will not bring the Goods into conformity with the agreement within a reasonable time or without undue inconvenience for the Consumer.
17. The reduced price must be in such proportion to the price under the agreement as the value of the non-conforming Goods remains to the value of the conforming Goods.
18. The Seller shall refund to the Consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days of receiving the Consumer's declaration of price reduction.
19. The Consumer may not withdraw from the agreement if the non-conformity of the Goods with the agreement is immaterial. The non-conformity of the Goods with the agreement shall be presumed to be material.
20. If the non-conformity concerns only some of the Goods supplied under the agreement, the Consumer may withdraw from the agreement only in respect of those Goods and also in respect of other Goods purchased by the Consumer together with the non-conforming Goods, if the Consumer cannot reasonably be expected to agree to keep only the conforming Goods.
21. In the case of withdrawal from the agreement, the Consumer shall immediately return the Goods to the Seller at the Seller's cost. The Seller shall refund the price to the Consumer immediately, no later than within 14 days of receiving the Goods or proof of their return.
22. The Seller shall refund the price using the same method of payment applied by the Consumer unless the Consumer has expressly agreed to another form of refund that does not incur any costs for the Consumer.
23. The consumer may withhold payment of the price until the Seller has fulfilled his obligations under sec. 9-21 above.
24. The provisions contained in this paragraph shall apply accordingly to Entrepreneurs with consumer rights.
§ 12 Provisions for Customers who are not Consumers or Entrepreneurs with consumer rights
1. With regard to Agreements which are concluded by Customers who are not Consumers or Entrepreneurs with consumer rights, the warranty for defects of the Goods, within the meaning of the Civil Code, is excluded.
2. The Seller may withdraw from a Sales Agreement concluded with a Customer who is not a Consumer or an Entrepreneur with consumer rights within 14 days of its conclusion without giving any reason, which shall not cause any claims on the part of the Customer who is not a Consumer or an Entrepreneur with consumer rights.
3. The Seller shall have the right to terminate the Agreement for the provision of Electronic Services at any time with immediate effect, without giving reasons, by making an appropriate statement, in any form, to the Customer who is not a Consumer or an Entrepreneur with consumer rights.
4. The Seller may limit the right of the Customer who is not a Consumer or an Entrepreneur with consumer rights to choose the form of payment and require prepayment of the price fully or partially.
5. Upon release of the Goods by the Seller to the Supplier, the benefits and burdens of the Goods and the danger of their accidental loss or damage shall pass to the Customer who is not a Consumer or an Entrepreneur with consumer rights.
6. The Seller shall not be liable for any delay in the Delivery of the Goods.
7. With regard to Customers who are not Consumers or Entrepreneurs with consumer rights, the Seller shall be liable for non-performance or improper performance of the Agreement, only in the case of intentional damage and within the limits of the actual losses incurred.
8. In all matters not regulated in this paragraph, the relevant provisions of the Civil Code shall apply.
§ 13 Verification of customer reviews
1. Verification of reviews added by Customers on the telescopesplanet.com Online Store is carried out by Customer Service Office on a weekly basis.
2. The basic criterion for the acceptance and publication of a review added by a Customer about Goods in the telescopesplanet.com store is its purchase.
3. Verification of purchase takes place by checking whether a purchase of the product in question has been made from the Customer Account of the person submitting the review.
4. Customer reviews that are not confirmed by a purchase on the telescopesplanet.com account are rejected and deleted.
5. For archive reviews added before 1 January 2023, including reviews from Opineo.pl, unconfirmed reviews remain on the website, but are marked as "Opinion not confirmed by purchase".
6. Customer reviews confirmed by purchase are awarded the "Opinion confirmed by purchase" label.
7. Contributions containing words and symbols commonly regarded as forbidden, including vulgarisms, shall be rejected or edited to remove forbidden words.
8. Reviews deemed to be spam shall be rejected and deleted.
§ 14 Final provisions
1. The Seller shall inform the Customer who is a Consumer of the possibility to use out-of-court complaint and claim procedures. The rules for accessing these procedures are available at the registered seats or on the websites of the entities authorised to handle out-of-court disputes. These may be, in particular, consumer ombudsmen or Voivodeship Inspectorates of Trade Inspection, a list of which is available on the website of the Office of Competition and Consumer Protection. The Seller informs that a platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/. This platform shall not be used by a Customer making an order with UK Delivery, regardless of their status as a Consumer.
2. Should a dispute arise under the concluded Agreement, the parties will seek an amicable solution. If an amicable solution to the dispute is not possible, the disputes shall be settled by the common court having jurisdiction over the Seller's registered seat.
3. Polish law is the law applicable to all disputes arising from these Terms and Conditions.
4. In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply.
5. The content of these Terms and Conditions may be recorded by printing, saving to a medium or downloading at any time from the Store's website.
6. The Seller reserves the right to amend these Terms and Conditions for important reasons, in particular, due to changes in legislation or technological developments. All orders accepted by the Seller for fulfilment before the date of entry into force of the new Terms and Conditions shall be realised on the basis of the Terms and Conditions that were in force on the day the Customer placed the order. The amendment to the Terms and Conditions shall take effect from the date of their publication on the Store's website. The Seller shall inform the Customer of the amended Terms and Conditions 7 days before the new Terms and Conditions come into force in an e-mail message containing a link to the text of the amended Terms and Conditions. If the Customer does not accept the new content of the Terms and Conditions, the Customer is obliged to notify the Seller of this fact, which results in the termination of the agreement as of the effective date of the new content of the Terms and Conditions. No costs are incurred by the Customer as a result.
7. These Terms and Conditions do not apply to wholesale (B2B).
8. The personal data controller is the Seller. The rules for processing personal data obtained through the Online Store are set out in the Privacy Policy. The store uses Cookies technology.
9. These Terms and Conditions come into force on January 1, 2023 r.