1. 1. general provisions
1.1 The internet shop www.drone-partss.com, hereinafter referred to as the ‘internet shop’, is run by Yasniel Diaz Marrero, running a business under the name of IMEGA Yasniel Diaz Marrero, registered in the Central Register and Information on Business Activity under the address 44-200 Rybnik, ul. Smolna 14, having the following e-mail address: [email protected], identifying itself with NIP number 6472457939, hereinafter referred to as the ‘Seller’.
1.2 The Seller provides services in the field of sale of professional platforms for filming and aerial photography presented on the websites of the Online Shop, hereinafter referred to as the “Merchandise”, under the terms of these Regulations.
1.3 The Regulations of the Online Shop www.drone-partss.com, hereinafter referred to as the “Regulations”, are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2013.1422 C.C.). The Regulations are made available to the Clients prior to concluding a contract free of charge by means of a link placed on the homepage of the service www.drone-partss.com , in the Regulations tab (https://drone-partss.com/regulamin/?lang=pl). The Customer has the right to download these Terms and Conditions and make a printout. The Regulations are also made available at the request of the Client in such a way as to enable the acquisition, playback and recording of its content by means of the ICT system used by the Client.
1.4. “Customer” within the meaning of the Regulations is an adult natural person, legal person or organizational unit without legal personality, whose special provisions grant legal capacity, where “consumer” means a Customer who is a natural person performing with an entrepreneur a legal action not directly related to his or her business or professional activity, unless the current content of Article 22(1) of the Civil Code provides otherwise.
1.5 In order to use the On-line store, the Customer should on his or her own obtain access to a device enabling the browsing of websites and activities on them, an Internet connection, the use of a web browser and having an active e-mail box for receiving e-mails. The Seller shall ensure the proper functioning of the Online Shop to the Buyer using the following browsers:
Internet Explorer version 6.0 or later with Java applet support enabled, or
Mozilla Firefox version 2.0 or higher with Java applet support enabled, or
Opera version 9.0 or higher with Java applet support enabled, or
Google Chrome version 2.0 or higher with Java applet support enabled, or
Apple Safari version 3.0 or later with Java applet support enabled.
In addition, the minimum screen resolution allowing for comfortable browsing of the Online Store pages is 1024×768 pixels.
1.6 The use of the Online Shop’s website in a manner which is unlawful, in particular, infringing the Seller’s personal rights or those of third parties, disrupting the functioning of the Online Shop, including the provision of illegal content through it, is prohibited.
2. making purchases
2.1 Making purchases in the Online Store is possible at any day and at any time, with the proviso that the execution of orders takes place only by collecting them in the stationary store.
2.2 Making purchases in the Online Store shall be made electronically, in which the Customer’s e-mail address and password are the sole means of identification and orders effectively placed using the above elements shall be legally binding on the parties.
2.3 Placing an order is possible after registering in the Online Shop, which takes place after completing and accepting the registration form, available in the register tab, or without registration. Registration in the Online Store does not oblige the Customer to place any minimum number of orders.
2.4 The provision by the Customer of any information, including personal data, is voluntary, however, failure to provide information, marked as required, will result in the account not being able to be registered, or the order cannot be completed.
2.5 In order to send an order via the Online Store, the Customer:
opens the website www.drone-partss.com.
Following the information and displayed messages contained on the website, he selects the Goods by adding particular items to the basket, the number of ordered items, as well as he selects the method of delivery and payment from among those offered by the Seller, accepts the summary of the selected Goods, the method and cost of payment and the method and cost of delivery presented to him, and places an order for delivery of the Goods placed in the basket by clicking the button “I order and pay”.
2.6 Sending an order by the Client constitutes a declaration of will to conclude a sales contract with the Seller, in accordance with the content of the Regulations and applicable provisions of law, as well as an obligation to make payment for the ordered Goods and cover the agreed transaction costs.
2.7 After receiving the Client’s order, the Seller shall confirm all significant elements of the order by sending an e-mail to the e-mail address provided by the Client, as well as check availability of the ordered Goods. In the event of exhaustion of stocks of the Goods for which the Client placed an order, the Seller shall inform the Client about this fact by e-mail. The Seller may also offer extended waiting time for delivery of the Goods ordered by the Client. In such a situation, the Client may resign from the order or agree to the extended time of waiting for delivery of the Goods. In case of no response from the Client, the order shall be cancelled.
2.8 Confirmation of the availability of the Goods and the referral of the order for execution shall be accompanied by a request for payment by sending an e-mail to the e-mail address provided by the Customer. At the moment of receiving by the Client the e-mail message referred to in the preceding sentence, a sales agreement is concluded between the Client and the Seller, according to which the Seller undertakes to deliver the Goods to the Client and transfer its property to the Client, and the Client undertakes to collect and pay the price to the Seller and cover the agreed transaction costs.
2.9 The sales contract shall be concluded in Polish.
21 Withdrawal from a distance contract concluded by the Consumer
21.1 A consumer who has concluded a distance or off-premises contract may withdraw from it within 14 days without giving any reason and without incurring any costs, except for the costs specified in Article 33, Article 34(2) and Article 35 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014.827). The consumer may withdraw from the contract by submitting an appropriate statement in writing – a form, a specimen of which is attached as Annex 1 to these Regulations.
21.2 In order to meet this deadline it is sufficient to send the statement before its expiry.
21.3 The period for withdrawal shall begin from the time when the consumer or a third party other than the carrier indicated by him takes possession of the item or, in the case of a contract which contains several items which are delivered separately, in lots or pieces, from the time when the last item, lot or piece is taken into possession.
(3) Personal acceptance of the goods
3.1 The ordered goods can be picked up at the shop at 14 Smolna Street in Rybnik.
4.1 The Customer has the opportunity to pay for the ordered Goods using online payments (through the website of their bank) or in a stationary store.
5.1 The Seller has a legal obligation to provide the Customer with items without defects.
5.2 The Seller shall be liable towards the Client under warranty for physical and legal defects of the Goods purchased by this Client, to the extent and under the rules specified in the Civil Code.
5.3 Customers who are consumers shall submit complaints to the Seller in any form, chosen by them, enabling the Seller to get acquainted with the content of the complaint. The complaint shall include an indication of what constitutes defectiveness of the Goods and the Client’s request.
5.4 The Client shall notify the Seller of a defect in the Goods before the lapse of one year from the date of its determination, if a physical defect is determined before the lapse of two years from the date of delivery of the Goods to the Client, under pain of loss of rights under the warranty, subject to clause 5.5 below. A notice is sufficient to meet the time limit if sent before the expiry of the time limit. For Customers who are consumers, the period to notify the Seller of a defect cannot end before the lapse of two years from the date of delivery of the Goods to the Customer.
5.5 However, the Buyer who is not a consumer shall lose his warranty rights if he has not inspected the Goods in time and in the manner adopted for such items and has not immediately notified the Seller of the defect, and if the defect came to light only later – if he has not notified the Seller immediately after its discovery.
5.6 If the sold Goods have a defect, the Client may submit a declaration of price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Client shall replace the defective item with an item free from defects or remove the defect. This limitation shall not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not made satisfaction of the obligation to replace the Goods with the goods free from defects or remove the defect.
The price shall be reduced in such proportion to the price resulting from the contract, in which the value of the Goods with a defect remains to the value of the Goods without defect.
5.7 The Client, who is a consumer, may, instead of the removal of a defect proposed by the Seller, demand replacement of the Goods with a defect-free one or, instead of replacement of the Goods, demand removal of the defect, unless bringing the Goods to compliance with the contract in the manner selected by the Client is impossible or would require excessive costs in comparison with the manner proposed by the Seller.
5.8 The Client may not withdraw from the contract, if the defect of the Merchandise is insignificant.
5.9 The Seller undertakes to consider each complaint within a period not longer than 14 days, calculated from the date of delivery of the Client’s complaint to him/her, in a manner allowing for familiarization with its content. If examination of the complaint requires examination of the Goods, the Seller shall be obliged to consider it within 14 days, calculated from the date of delivery of the complained Goods to the Seller. In the case of legitimacy of the complaint, the Seller shall inform the Client about it, giving also the waiting time, within which the Client’s requests shall be met. The Seller meets the Client’s request in the shortest possible time, not longer than that specified to the Client in the information referred to in the preceding sentence.
5.10. The Client sends the Goods under complaint back to the address specified in Clause 3.1 above. The Customer shall pack the returned Goods in a manner protecting them from damage during transport.
6 Quality Warranty
6.1 The Seller shall grant to the Client a quality guarantee for efficient operation of the Goods, specified in the sales document. The guarantee period shall be 1 year, unless the description of the Goods specified in the offer based on which the sales contract was concluded provides otherwise. In such case, the warranty period shall be consistent with the information included in the offer. The warranty period shall be counted from the date of receipt of the Goods by the Client.
6.2 The warranty covers only defects of parts resulting from a manufacturing defect of the Merchandise and may be realized exclusively on the territory of Poland.
6.3 The Warranty does not apply to defects resulting from incorrect assembly, use of the Merchandise contrary to its intended use or operating instructions, negligence on the part of the user or wear and tear.
6.4 The notification of a defect in the Merchandise by the Client and commencement of the warranty procedure takes place at the moment when the Seller receives the Client’s statement on notification of defect and delivery of the defective Merchandise together with the proof of its purchase in the Seller’s store. The Client’s declaration of reporting a defect should contain an indication of what the defectiveness of the Goods is.
6.5 The defective Merchandise may be delivered by the Client in replacement packaging, which shall ensure an appropriate level of its protection during transport.
6.6 The cost of delivery of the Merchandise to the Seller’s service shall be covered by the Seller in the scope of the cheapest of the transport costs available for a given Merchandise. The costs of delivery of the Parcel are returned after the notification of a defect covered by the guarantee is deemed justified. The above does not apply if the notification is clearly unjustified.
6.7 The Client shall archive data located on the carrier which is a component part of the Merchandise, as they may be lost as a result of repair. The Seller shall not be liable for loss of data, which were in the memory of the Goods delivered to the Seller.
6.8 In the event of stating a defect in the Merchandise, the Client is entitled to the following rights under the guarantee:
– repair of the Merchandise, or, if it is impossible or very difficult:
– replacement of the Merchandise with a new one, and if it is also impossible or very difficult to reduce the price or its return for return of the Merchandise.
6.9 The repaired or replaced Merchandise shall be delivered by the Seller to the Client at its expense to the place of release of the Merchandise at purchase.
6.10. The Client’s rights under the guarantee expire automatically:
a. after the warranty period expires;
b. in case of making any changes, modifications, supplementing or replacement of the Goods or any part thereof by the Client or entity other than the Seller;
c. in case of exploitation of the Goods in the manner inconsistent with its purpose and instructions of the Seller and the manufacturer of the Goods;
d. in the event of lack of appropriate maintenance of the Goods;
e. in the event when damage or defects of the Goods resulted from:
– harmful radiation,
– any mechanical trauma,
– short circuit of the electrical system;
f. in the event of violation, damage or breakage of seals or serial numbers of the Merchandise or covering them in any way making it impossible to identify the Merchandise.
6.11. The Seller shall consider the notification of a defect covered by the warranty and perform its obligations resulting therefrom within the following deadlines:
immediately, not later than within 45 days, if the defect can be diagnosed by the Seller,
immediately, not later than within 180 days, if diagnosing the defect requires obtaining an opinion of the manufacturer of the Goods as to the nature of the defect and the possibility of its repair.
6.111. If the product has a factory defect and it will be reported, and the product will be delivered to the shop indicated in point 6.111. 3.1. within 7 days from the date of purchase, the application is qualified to the DOA program, i.e. replacement of the product with a new one. If the defect is confirmed, the product will be replaced with a new one within the next 7 working days from the date of the complaint and delivery of the product, without waiting for the completion of repair.
6.12. If the Customer’s rights under the guarantee do not cover the defect found, the Seller shall immediately inform the Customer about it. In this case, the Client may order the Seller to repair the Goods for an appropriate fee. The cost of repair will be presented to the Client after the service of the Seller or the manufacturer has recognized the source of the defect. If the Client, after receiving the valuation, resigns from paid repair, he shall be obliged to cover the costs of the diagnosis in the amount of respectively: 30 PLN in case of diagnosis in the service of the Seller and 50 PLN in case of diagnosis in the service of the manufacturer.
6.13. The Buyer shall be obliged to collect the repaired Merchandise issued to it by the Seller in accordance with Clause 6.9. above, within a period not longer than 3 months from the date of notifying the Customer of the readiness for collection. After the lapse of this period, the Seller shall be entitled to treat the Goods in question as abandoned in the intention to dispose of their property, within the meaning of Article 180 of the Civil Code.
6.14. Through the Seller it is possible to use the authorized post-warranty service. In order to take advantage of such a solution, the defective product must be delivered to the Seller’s registered office indicated in point 6.1. 3.1. (together with a completed repair form) or contact the customer service department if you wish to send the product directly to the service (email: [email protected]). The repair valuation and diagnosis is presented within 7 working days from the date of product delivery to the seat of the Seller. Product repair should not exceed 7 working days (depending on the type of damage and availability of spare parts).
7th Personal data protection
7.1 The Seller shall process and protect the Customers’ personal data under the terms of the law, in particular the Personal Data Protection Act of August 29th 1997 (Dz.U.2002.101.926, as amended) and the Act on Provision of Electronic Services of July 18th 2002 (Dz.U.2013.1422).
8 Final provisions
8.1 Settlement of any disputes arising between the Seller and the Customer, who is a consumer, shall be submitted to the courts of local jurisdiction in accordance with the applicable laws.
8.2 The consumer shall also be entitled to use out-of-court methods of complaint handling and asserting claims. Detailed information is available at the following Internet addresses: http://www.uokik.gov.pl and http://www.rzu.gov.pl., as well as on the websites and at the offices of consumer ombudsmen, social organizations whose statutory tasks include consumer protection and Provincial Trade Inspectorates.
8.3 The settlement of any disputes arising between the Seller and the Customer who is not a consumer shall be submitted to the court having jurisdiction over the Seller’s seat.
8.4 In matters not regulated in these Regulations, the relevant provisions of law shall apply.
8.5 Any comments or questions concerning the functioning of the Online Store can be submitted to the addresses given in the contact section
8.6 These Terms and Conditions do not affect any of the Customer’s rights under applicable laws. In the event of any provision of these Terms and Conditions being inconsistent with applicable law, that provision shall not apply.
8.7 The Regulations shall apply from 01.08.2017. The Seller may change the Terms and Conditions by notifying the Customers of the changes made at least 14 days in advance. Information about the planned change of the Regulations shall be published on the website of the Online Store, together with the text of the new version of the Regulations. Orders commenced before the changes come into force are carried out according to the existing rules.