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TERMS & CONDITIONS

OPTIQUE-EXCLUSIVE.PL TERMS & CONDITIONS

 

I. GENERAL


1. These Terms & Conditions (hereinafter the 'T&C') define the rights and obligations of the parties, the terms of using the Shop, the terms and procedure for concluding the contract, for ordering from the Shop, for delivering the ordered goods to the Customer, for the payment of the price and other fees, the Customer's rights to cancel the order and withdraw from the contract, the limitation of the right to withdraw from the contract as arising from Article 38 of Polish Consumer Rights Act, the consequences of withdrawing from the contract, the procedure for addressing complaints, the Shop's responsibility for quality, and the contents of the warranty and/or after-sale services.


2. The T&C, pursuant to Article 8.1.1 of the Act of 18 July 2002 on Providing Services Electronically (Dz.U.2002.144.1204 as amended) and Articles 8 et seq. of the Act of 30 May 2014 on Consumer Rights (Dz.U.2014.827 as Amended) are made available by the Shop free of charge, making it possible to review the T&C before concluding the contract. The T&C are available as a PDF file that can be downloaded, saved and printed.


3. The Shop's owner, administrator and manager is Glaser Group Sp. z o.o. with its legal Seat in Warsaw, Plac Trzech Krzyży 18, (00-499) Warszawa, entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register — KRS 0000475410, share capital PLN 1.010.000 fully paid, NIP 7010393453, REGON 146854128 (hereinafter the 'Seller').


4. Contact the Shop — by e-mail: warszawa@optique-exclusive.pl; phone: +48 22 622 20 05; in writing by mail to: Plac Trzech Krzyży 18, (00-499) Warszawa, Poland.

5. Definitions: 

  1. the Shop — the Optique-exclusive.pl Web shop, operating at http://www.optique-exclusive.pl, is managed by the Seller, who sells goods on the Internet;
  2. Business Days — all days of the week, from Monday to Friday, excluding statutory holidays;
  3. Execution Time — time in which the Shop will pick the order from the stocks and hand it over to the carrier executing the Customer's chosen method of delivery;
  4. the Customer — natural person with full or limited capacity for legal transactions, legal person or organizational unit without legal personality or Consumer who purchases from the Shop and has a Customer Account;
  5. Consumer — natural person referred to in Article 221 of the Civil Code who makes a legal transaction with the Seller at the Shop without direct connection to the Consumer's business or professional activity;
  6. Customer Account — administrative tool at the Shop, made available to one specific Customer as an account with the Shop, with authentication (using an individual login and password), through which the Customer can use the Shop to the extent and on terms and conditions defined in the T&C, in particular make purchases and payments at the Shop, monitor the status of an order, and browse the history; 
  7. Password — custom string of characters defined by the Customer during registration at the Shop or later, enabling access to the Customer Account;
  8. Login — unique string of characters defined by the Customer during registration at the Shop, used when logging into the Customer Account, which unequivocally identifies the Customer;
  9. Traditional Transfer — payment made by the Customer through an online bank account, physically at a bank or at a post office;
  10. Electronic Transfer — payment made by the Customer through an online bank account, through online payment systems;
  11. Direct Costs of Return — standard costs of economy mail of specific weight paid to the national post operator, i.e. Poczta Polska S.A. (Polish Post);
  12. Civil Code — Act of 23 April 1964 — Civil Code (Dz. U.2014.121 as amended);
  13. Consumer Rights Act — Act of 30 May 2014 on Consumer Rights (Dz.U.2014.827 as amended);
  14. Electronic Services Act — Act of 18 July 2002 on Providing Services Electronically (Dz.U.2013.1422 as amended).


II. ORDERING AND EXECUTION OF ORDERS


1. The Shop sells goods and services online on the Internet. The Shop publishes information about the goods and services at optique.pl.


2. The Shop does not charge fees for registering and creating a Customer Account or for browsing the Shop's offer.


3. Internet access may involve the need to pay fees to an Internet Service Provider.


4. The Customer acknowledges that Customer service at the Shop involves the use of an IT system that enables the processing of personal data referred to in the T&C, through an IT network, in the understanding of the Act of 18 July 2002 on Providing Services Electronically (Dz.U.2002.144.1204 as amended).


5. Reading and accepting these T&C is a precondition of using the Shop.


6. To open a Customer Account the Customer should register at the Shop's website at http://www.optique-exclusive.pl. Registration is made by filling in a registration form. The Customer fills in the registration once only, defining in particular the Customer's own Login and Password. After completing the registration, each logging into the Customer Account uses the data filled into the registration form.


7. It is prohibited for the Customer to submit unlawful content. Should the Shop receive an official notice or credible information about unlawful nature of the stored data provided by the Customer, the Shop may prevent access to such data. By filling in the registration form the Customer confirms that the data filled in are true.


8. The Shop sells and delivers goods free of defects, exclusively in manufacturer-specified packaging. Goods ordered by the Customer are factory-new, with manufacturer or distributor warranty.


9. The Shop accepts orders 24/7. The Shop executes orders on Business Days. Orders made on holidays will be executed on the first Business Day after the day the order was made.


10. To make an order the Customer needs to have an active e-mail account.


11. The Customer makes an order by filling in the order form. To place an order the Customer must select:

  • the goods or services ordered;
  • the method of delivery from among those available, as well as delivery address and
  • invoicing address;
  • payment method from those available.


12. Information about the goods constitutes an invitation to enter into a contract in the understanding of Article 71 of Civil Code. In submitting an order the Customer makes an offer of sale contract with the Shop for the goods or services ordered. Each payment made by the Customer — except for COD payments — constitutes, until the time the Shop sends a confirmation of acceptance of the order for execution, an advance payment towards the execution of the order. In consequence of the Customer's order the Shop sends to the Customer at the Customer-specified e-mail address a specification of the Customer's order, and an order number. The specification referred to in the previous sentence does not constitute confirmation that the order has been accepted for execution.


13. Confirmation of acceptance of the order for execution will be sent to the Customer-specified e-mail address and will constitute a statement of acceptance of the offer referred to above, immediately after the Shop verifies that the goods are available.


14. Confirmation of all essential elements of the order takes place after the order is made, via e-mail message sent by the Shop to the Customer and constituting a confirmation of acceptance of the order for execution. From that time the contract of sale between the Shop and the Customer is considered to have been concluded. Attached with the delivery of the goods will be a bill or VAT invoice.


15. The Customer will be informed about the status of the order in the Customer Account.


16. The order will be executed subject to availability. If the order cannot be executed, the Shop will notify the Customer immediately. The notice, together with information about the Customer's rights, in particular a Consumer Customer's right to withdraw from the Contract, will be sent to the e-mail address provided by the Customer in the order form. If the Customer has already paid for such an order, the Shop will refund that payment.


17. If the goods are not available, the Customer will be informed about the status of the order and will make the decision concerning further action. The Customer's options are as follows: to extend the wait time — choosing this option causes the order to be executed with a longer Execution Time, after acceptance of the date of availability of the goods; or to withdraw from the contract — cancelling the entire order.


18. If only part of the order cannot be executed, the Customer will be informed about the status of the order and make the decision concerning further action. The Customer's options are as follows: partial execution — choosing this option will cause the order to be executed only with regard to those goods which are available; or withdrawal from the contract — cancellation of the entire order. If the Customer has already paid for the goods ordered, the Shop will refund such a payment in accordance with the procedure described in the Customer Refunds section.


19. Promotion and clearance sales involve a limited number of goods being available for purchase. Orders are executed in the order of arrival until stocks run out of goods intended for that form of sale.


20. In order to ensure transaction security, the Shop reserves the right to contact the Customer by phone or e-mail to confirm the order.


21. In the event of any doubt concerning the correctness of contact data, in particular of the address provided being missing from generally available address lists, incorrect postal code etc., the Seller will contact the Customer by phone or e-mail to verify the data.


22. The Shop executes only orders that are made online.

 

III. CHANGES TO ORDERS ALREADY MADE


1. The Customer may change or cancel any order at any time before the Shop accepts the Customer's offer. The current status of the order can be accessed after logging into one's Customer Account. Changes can be made via the Customer Account or the contact form at the Shop's website.


2. Orders cannot be changed or cancelled by phone.



IV. PRICES OF GOODS


1. All prices of goods at the Shop are provided in Polish zloties (PLN), inclusive of VAT and exclusive of costs of delivery.


2. The price provided for the relevant goods at the Shop is binding as at the time the Customer makes an order.


3. Prices are not negotiable.


4. Costs of delivery of goods ordered by the Customer are provided in the order form after selecting the delivery method but before making the order, along with the total price for all goods or services purchased.


5. The Shop reserves the right to change the prices of goods on offer, introduce new goods and remove select goods from the Shop's offer, change delivery costs, hold and cancel promotion actions or clearance sales on the Shop's website, or make changes to them, in accordance with terms and conditions applicable in this regard. The above right has no impact on the prices of goods in orders made before the date the price is changed or the date the change of terms and conditions of a promotion action or clearance sale comes into force.


6. Promotion actions are not cumulative unless otherwise provided by the applicable terms and conditions.


7. Attached with each purchase made by a Consumer will be a fiscal receipt or, if requested, a VAT invoice. Attached with each purchase made by other Customers will be a VAT invoice.

 

V. ORDER EXECUTION TIME, DELIVERY RESTRICTIONS


1. Maximum delivery time of goods is 14 Business Days. Delivery is to the Customer-specified address.


2. If the goods are available at the Shop, Customer orders made by 3:00 p.m. are executed within one Business Day after concluding the sale contract. On the other hand, orders made after 3:00 p.m. are executed within two Business Days, subject to subsections 3 and 4 below.


3. Goods are dispatched to Customers only on Business Days.


4. For orders paid by Traditional Transfer or Electronic Transfer, the goods will be dispatched to the Customer after the Shop records the payment. The above does not apply to COD (cash on delivery) orders.


5. The Shop executes deliveries only inside the territory of Poland and other member states of the European Union.


6. For orders with delivery inside Poland paid by Traditional Transfer or Electronic Transfer, costs of ordinary delivery are paid by the Customer. The Seller pays the costs of ordinary delivery by courier for orders of goods above PLN 200 in value.


7. Ordinary delivery is by Poczta Polska or a courier service. If the Customer withdraws from the contract, the Seller refunds the ordinary costs of delivery of the order to the Customer. The Customer, however, pays the Direct Costs of Returning the goods.


8. For orders with delivery to a European Union member state or COD orders with delivery inside Poland, costs of delivery will be included in the receipt or invoice in accordance with information disclosed in the order form with delivery method.


9. Orders are delivered to European Union member states only by Poczta Polska or a courier service.


10. Delivery cost is always provided while filling in the order form, before making the order.


11. Inspecting the condition of the delivery and defining the nature of the breach or damage of the packaging in the presence of the courier or post employee, including a written record of the damage, will make it easier for the Shop to address any complaints.



VI. FORMS OF PAYMENT, START OF EXECUTION OF ORDERS


1. The Customer may choose the following methods of payment for goods ordered with delivery inside Poland: 

  • COD (cash on delivery) — execution starts after completion of the ordering process;
  • Traditional Transfer — after the payment arrives into the Shop's bank account;
  • Electronic Transfer, by payment card or credit card in one of the electronic payment systems accepted by the Shop (Dotpay) — execution of the order starts after the Shop receives confirmation of correct execution of the operation from the payment operator;
  • PayPal — execution of the order starts after the Shop receives confirmation of correct execution of the operation from the payment operator;
  • instalments through the instalment system of Santander Consumer Bank in Wrocław, ul. Strzegomska 42c, 53-611 Wrocław (Polish: 'eRaty Santander Consumer Banku') — execution of the order starts after completion of the ordering process.

2. Orders with delivery outside Poland may be paid only by payment card in one of the electronic payment systems accepted by the Shop (Dotpay) — execution of the order starts after the Shop receives confirmation of correct execution of the operation from the payment operator.


3. For select goods the Shop reserves the option to exclude some forms of payment for the order, of which the Customer will be informed on the product page.


4. Selection of the applicable form of payment takes place while filling in the order form.


5. The Shop reserves the right to make COD payments unavailable for those Customers who have failed to receive two COD orders in a row.


6. Account details: Glaser Group Sp. z o.o., Pl. Trzech Krzyży 18, 00-499 Warszawa, mBank S.A. number 68 1140 1010 0000 3654 3600 1001.


7. Account details EURO: Glaser Group Sp. z o.o., Pl. Trzech Krzyży 18, 00-499 Warszawa, mBank S.A. number 41 1140 1010 0000 3654 3600 1002.



VII. TERMS AND CONDITIONS OF PROVIDING SERVICES ELECTRONICALLY


1. Ordering online through the Internet is possible if the Customer's system meets the following minimum technical requirements:

  • active Internet connection enabling two-way HTTPS communication;
  • correctly installed Web browser with HTML 5 support and CSS3, e.g. Internet Explorer 9.0 or newer, Mozilla Firefox 7.0 or newer, Google Chrome 10.0 or newer, Opera 10.0 or newer;
  • JavaScript enabled (usually disabled by default in the browser);
  • active e-mail address.

2. The Shop sends to Consumer Customers e-mail messages described in these T&C, being digital content in the understanding of the provisions of Consumer Rights Act, solely for the purpose of correctly performing the Shop's services.



VIII. CUSTOMER DATA PROCESSING


1. By ordering from the Shop the Customer consents to the entry of the Customer's personal data into the Seller's database and the processing of such data for the purposes of carrying out the contract. For the Customer to provide the personal data is voluntary, but a lack of consent for data processing will make it impossible for the Shop to execute the order. The Customer will be responsible for providing untrue personal data.
2. Personal data are protected in accordance with the Act of 29 August 1997 on Personal Data Protection (i.e. Dz.U.2002.101.926 as amended) in a way that prevents third-party access.


3. The Seller is the administrator of the Customer's personal data.


4. With the Customer's additional consent the Shop will process the personal data for the purpose of informing the Customer about new goods, promotions and services available from the Shop.


5. The Shop's Customer has the right to review the Customer's personal data, correct them and demand their deletion.


6. Correct Customer Account registration requires the following data:

  1. active e-mail address,
  2. active phone number,
  3. Login and Password known only to the Customer.

7. Correct execution of orders by the Shop requires the following data: 

  1. given name and family name,
  2. address,
  3. e-mail,
  4. mobile phone number.


8. The following digital content will be sent to the e-mail address:

  1. message with activation link to confirm account registration,
  2. information about each next stage of execution of the order,
  3. information about cancellation or change of execution date,
  4. marketing content if the Customer consents separately to receive it.


9. The mobile phone number will be used for the purpose of communicating digital content with the following functionalities, such as:

  1. sending single-use confirmation codes for Customer Account activities (e.g. order confirmation),
  2. informing the Customer about each next stage of execution of the order,informing the Customer about cancellation of the order and/or change of the execution date,
  3. marketing content, if the Customer consents separately to receive it.



IX. COMPLAINTS AND WARRANTY


1. For all goods purchased from the Shop warranty is granted by the manufacturer, importer or seller and is binding within the territory of Poland or the European Union. All information concerning the identity of warranty provider, length of warranty period and responsibility of warranty provider is indicated in a written warranty document attached with the goods and in the contents of the description of the goods on the Shop's website.


2. Under the warranty the Customer may require the goods purchased to be repaired or replaced free of charge.


3. With regard to a non-Consumer Customer the Shop's liability under statutory warranty (Polish: rękojmia) is excluded pursuant to Article 558.1 of the Civil Code.


4. Where the goods are found to be non-conforming with the contract, a Consumer Customer has the right to submit a complaint to the Shop. Such a right remains available for 2 (two) years after the date the goods were delivered, on condition of notifying the Shop about the non-conformity within 1 year after it was discovered. In such an event the Consumer should send the goods back to the Seller's address. The purchase document should be attached and the following information should be provided: details of the complaining consumer, the grounds forming the basis of the complaint, and the outcome which the Consumer wishes to achieve. For this purpose the Consumer may take advantage of the already prepared complaint form which is available for download in the complaints tab on the Shop's website.


5. In order to start the complaint procedure the Customer should, immediately after discovering a defect in the goods purchased, contact the Shop at warszawa@optique-exclusive.pl and proceed according to the provisions of the T&C and Seller instructions contained in the COMPLAINTS (RMA) section, the access to which will be enabled after logging into the Customer Account.


6. The Seller is not responsible for any defects resulting from natural wear and tear of the goods (the product) or their parts, or the material of which they are made.


7. It is the Customer's obligation before accepting the delivery to check that the goods conform to the order and have not suffered damage in transport. If the goods do not conform to the order, are incomplete or damaged, the Customer should decline to accept the delivery, and make a written record of complaint. In a carriage contract (in accordance to the provisions of the Act of 15 November 1984 — Carriage Law, Dz.U.1984.53.272 as amended), the making of a written record constitutes the basis for consideration of the Customer's complaint about damage during transport. The written record should contain a detailed and accurate description of the damage or anything which is missing, as well as identification of the deliverer, the order number and dispatch number, and date and hour of delivery.


8. A non-Consumer Customer is required to notify the Shop within 24 hours of any defects occurring in the goods. After the returned goods are delivered to the Shop and the appropriateness of the Customer's refusal to accept the delivery is confirmed, the Shop will process the complaint according to the procedure.


9. The goods complained about must be returned to the Shop's address, i.e. Glaser Group Sp. z o.o., Plac Trzech Krzyży 18, 00-499 Warszawa (POLAND). Attached with the returned goods should be the proof of purchase.


10. The Seller will not accept any COD deliveries of goods being returned by the Customer.


11. Complaints are addressed within 14 days after delivery of the returned goods to the Seller. The goods being returned should be clean, otherwise the Seller has the right to charge cleaning costs in accordance with servicing prices. A written confirmation from the Seller or a proof of acceptance of the delivery by the Seller will be the confirmation of acceptance of the returned goods for the complaint procedure.


12. If the complaint is accepted, the damaged goods will be repaired or replaced with full-quality goods. If that is not possible (for example due to stocks running out), the Shop will refund the price to the Customer. The Shop refunds the Customer's costs connected with sending back the goods (Direct Costs of Returning the goods) upon a positive outcome of the Customer's complaint. The repair time may become longer for those repairs which require the use of the manufacturer's specialist service shop. The repair time may be extended to a maximum of three months.


13. After addressing the complaint the goods will be released to the Customer or person authorized by the Customer in writing, or sent back to the Customer's address. Failure to receive the goods after the Customer chose personal receipt at the physical shop, or the mail with returned goods being returned to the Seller as a result of not being received by the Customer, within six months after the date the decision was made on the complaint, will be regarded by the Seller as an intention to give up ownership, resulting in the goods being regarded as abandoned property, in accordance with Article 180 of the Civil Code in connection with Article 60 of the Civil Code.

 

X. RIGHT OF WITHDRAWAL FROM THE CONTRACT


1. The Customer has the right to make a statement to the effect of withdrawing from a contract concluded remotely or off-premises at any time before the Seller accepts the Customer's offer, i.e. during the ordering process. In such a situation the contract is regarded as if it had not been made.


2. A Customer purchasing from the Shop remotely may withdraw from such a remotely made contract without naming a cause, by making the appropriate statement within fourteen (14) days. The deadline for such withdrawal from the contract is fourteen (14) days after the day on which the Customer takes possession of the Goods or on which a Customer-indicated person other than the carrier takes possession of the goods. To meet the deadline it is enough to send the statement before the deadline expires. The template is available on the website. To meet the deadline it is enough to send the statement before the deadline expires.


3. One of the following methods of withdrawing from the contract may be used:

  1. send a written statement of withdrawal from the contract by post to: Glaser Group Sp. z o.o., Plac Trzech Krzyży 18, 00-499 Warszawa (POLAND),
  2. send it by e-mail to: warszawa@optique-exclusive.pl.


4. Immediately after receiving the statement of withdrawal, the Shop sends a confirmation of receipt to the Customer's address.


5. The Seller refunds all payments to the Customer (including costs of delivery/dispatch of the goods to the Customer) within fourteen (14) days after receipt of the statement of withdrawal. Direct Costs of Returning the goods are borne by the Customer.


6. If the Customer has chosen a different method of delivery than is the ordinary one, the Seller has no obligation to refund the Customer's additional costs exceeding the Direct Costs of Returning the goods.


7. The Seller refunds the payment using the same method of payment as the Customer did, unless the Customer expressly consents to a different method of refund that does not involve any costs for the Customer.


8. The Seller may withhold the refund of the Customer's payments until the returned goods are received or a proof of dispatching them back is delivered, whichever event happens sooner.

9. It is the Customer's obligation to return the goods to the Seller immediately but not later than fourteen (14) days after the day the Customer withdraws from the contract, to the following postal address: Glaser Group Sp. z o.o., Plac Trzech Krzyży 18, 00-499 Warszawa (POLAND). To keep the deadline it is enough to send the goods before the deadline expires.


10. The Customer bears responsibility for any decrease in the value of the goods resulting from the Customer's use of the goods in excess of what is necessary in order to determine the nature, qualities and operation of the goods.


11. The Seller will not accept a COD delivery of goods being returned by the Customer.


12. The Customer's right to withdraw from the contract is not available if: 

  1. the goods furnished are a quickly-wearing thing or one with a short expiry date;
  2. the goods furnished are a thing that is delivered in a sealed packaging and unable to be returned after opening that packaging;
  3. for reasons of health or hygiene, if the packaging has been opened after delivery;
  4. the goods furnished are things that, due to their nature, will be inseparably merged with other things after delivery;
  5. the goods furnished are sound or visual recordings or computer software delivered in a sealed packaging, if the packaging has been opened after delivery;
  6. digital content is delivered which is not recorded on a material medium, if the delivery of that content started with the Customer's express consent before the expiry of the deadline to withdraw from the contract and after being notified by the entrepreneur about the loss of the right to withdraw from the contract.


13. Clarification of the Customer's right to withdraw from the contract: 

  1. You may withdraw from this contract within 14 days without naming any cause.
  2. The deadline to withdraw from the contract expires after 14 days after the day you took possession of the thing or a third person other than the carrier and the person indicated by you took the possession of the thing (delivery records).
  3. To exercise the right to withdraw from the contract you need to inform Glaser Group Sp. z o.o., Plac Trzech Krzyży 18, 00-499 Warszawa (POLAND), e-mail:warszawa@optique-exclusive.pl of your decision to withdraw from the contract with a clear statement of your intent (for example via a letter sent by post or e-mail).
  4. To make a statement of your intent to withdraw from the contract, you can use the withdrawal template form available on the Shop's website, but it is not mandatory that you do so. You can also fill in and send the withdrawal form electronically to warszawa@optique-exclusive.pl. If you choose that option, we will send you a confirmation of receipt of the information about your withdrawal from the contract immediately; for an electronic withdrawal — to the return e-mail address, otherwise in writing to your address.
  5. To keep the deadline for withdrawing from the contract it is enough that you send the information about your exercise of the right to withdraw before the expiry of the deadline for withdrawal.
  6. We wish to note that in accordance with Article 38 of the Act of 30 May 2014 on Consumer Rights, for health and hygiene reasons the right to withdraw from the contract will not be available in the event of opening a sealed packaging containing contact lenses or liquids.


14. Clarification of the consequences of the Customer's right to withdraw from the contract: 

  1. If you withdraw from this contract, we will refund all of your payments, including costs of delivery of the goods, immediately but not later than 14 days after the day on which you inform us about your decision to exercise the right to withdraw from this contract. We will refund your payment using the same payment method as you used in the original transaction; you will not incur any payments in connection with this refund.
  2. The Seller may withhold the refund of the Customer's payments until the returned goods are received or a proof of dispatching them back is delivered to us, whichever event happens sooner.
  3. Please send or otherwise deliver the thing to us immediately but not later than 14 days after the day on which you inform us about your withdrawal from this contract.
  4. The deadline will be kept if you send the thing back to us before the end of the 14 days. You will need to pay the Direct Costs of Return.
  5. You will be responsible only for any decrease in the value of the thing arising from using it in a different way than what was necessary in order to determine the nature, qualities and operation of the thing.

XI. CUSTOMER REFUNDS


1. Subject to the respective provisions of Consumer Rights Act, in the event of circumstances obligating the Shop to refund the Customer's payments, such a refund takes place no later than 14 days.


2. If the Customer has paid by payment card or Electronic Transfer, the refund is made to the credit card or bank account from which the payment took place (refund using the same payment method). For payments by Traditional Transfer, COD, or where for causes independent from the Shop it is impossible to identify the bank account from which the payment was made (impossible to refund the payment using the same payment method), the refund will be made to the Customer's account with the Shop, of which the Customer will be notified by e-mail, and, subsequently, with the Customer's prior consent and solely on the Customer's instruction, the refund will be transferred to the Customer's bank account. The instruction will be communicated to the Shop via the contract form on the Shop's website after logging into the Customer Account or, in the event of a withdrawal from the contract, by filling in the form in the part concerning the bank account number. The Shop reserves the right to verify the identity of the Customer giving the refund instruction if having doubts about the Customer's identity.


3. The Shop will not be liable for failure to refund the payment or delay if resulting from wrong data provided by the Customer.


4. If it turns out impossible to execute the order, the Shop will inform the Customer at the Customer's e-mail address provided during registration. For an order already paid, the Shop will refund the payment to the bank account indicated by the Customer in accordance with the rules described in the Customer Refunds section.


5. The Shop will not be liable for any failure to deliver the e-mail message with information concerning the execution of orders if resulting from causes that are on the Customer's part.


6. For an order already paid that has been cancelled (withdrawal from the contract) the Shop will refund the payment to the bank account indicated by the Customer in accordance with the rules described in the Customer Refunds section.



XII. MISCELLANEOUS


1. The sale contract is made between the Customer and the Seller.


2. The Goods shown on the Shop's website do not constitute an offer in the understanding of the Civil Code.


3. The Seller is not liable to third parties for special, indirect or consequential damages arising during the use of the goods (product) purchased.


4. Liability for damages arising in connection with incorrect behaviour of goods (products) being used according to the user manual shall be limited to the warranty terms and conditions specified by the manufacturer, important, distributor or other warranty provider.


5. The Seller will not be liable for the blocking, by e-mail server administrators, of e-mail messages to the e-mail address indicated by the Customer and for deletion and blocking of e-mail messages by software installed on the computer being used by the Customer.


6. The Seller will not liable for any errors in the handling of Customer orders or other Customer instructions occurring as a result of wrong data being provided by the Customer.


7. The Shop uses cookie files to track optique.pl site usage. The types of cookie files used by the Shop are:

  1. session cookies — active only while browsing the website, to enable its proper operation,
  2. permanent cookies — remaining on the computer after visiting optique.pl,
  3. third party cookies — enabling the website to be adjusted to the Customer's preference.


8. The Customer has the option to use the website without relying on cookie mechanics, but that can make some of the Shop's functions or services not function correctly. If the Customer does not consent to the use of cookie files, the Customer should, at any time, check in browser settings the option to reject cookie files or communicate their transmission.


9. All photographs or trademarks used by the Shop are used solely for the purposes of information about the goods (product) and remain property of their owners.


10. It is the Customer's obligation to refrain from any activities that might impact the correct operation of the Shop, in particular any tampering with its contents or technical elements, including transmission of unlawful content.


11. The Seller will not be liable for any interferences or interruptions in the Shop's operation caused by force majeure, unlawful activities of third parties or consequence of the Shop's incompatibility with the Customer's technical infrastructure.


12. The Seller reserves the right to change these T&C. Any change to these T&C will come into force when published on the Shop's website unless a different effective date is expressly reserved. Orders made before the introduction date of any changes to the T&C will be executed under T&C provisions being in the force on the day the Customer's order was made.


13. The T&C are available on the Shop's website in a form that can be saved on the Customer's IT systems. The contents of the T&C may be permanently recorded by the Customer by printing, saving to a medium or downloading at any time from the Shop's website at www.optique-exclusive.pl.


14. The contents of the Customer's order together with the provisions of the T&C form the contents of the contract made between the Seller and the Customer.


15. The T&C and the sale contracts made under them are governed by Polish law.


16. Any disputes arising under the T&C or concerning the making and performance of the contract of sale will be adjudicated by the court competent for the Seller's legal seat, except where the party other than the Seller is a Consumer. In those situations the competent court will be the court competent under provisions of the Code of Civil Proceedings of 17 November 1964 (Dz.U.43.296, uniform text 17 December 2013, Dz.U.2014.101).


17. For matters not regulated by these T&C the provisions of Polish law shall apply, in particular those of the Civil Code, Consumer Rights Act and Act on Providing Services Electronically.


18. These T&C come into force on the day they are published on the Shop's website, i.e. 21.05.2015r.

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