TERMS AND CONDITIONS OF OUR ONLINE STORE WWW.STRUSSAUDIO.COM
Struss Audio Sp. z o. o. with headquarters in Warsaw, at al. Komisji Edukacji Narodowej 36 / 112b, 02-797 Warsaw, registered in the register of entrepreneurs held by the District Court for the Capital City of Warsaw, XIII Commercial Department of the National Court Register, share capital: PLN 100,000.00, KRS: 0000557869, Tax ID: 9512392887 , REGON: 36154379, e-mail address firstname.lastname@example.org, hereinafter referred to as the ‘seller’, runs an online store operating at www.strussaudio.com.
Regulations – these are regulations for the provision of services by electronic means, being the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of services by electronic means.
Working day – days from Monday to Friday, excluding statutory holidays.
Consumer – a physical person who has legal capacity and / or is 13 years of age or older, where in case the person is below 18 years of age, the consent of a legal representative or legal guardian must be obtained to carry out a purchase using our online store.
Goods – items covered by the sales agreement, presented in the Online Store. All goods and their names are registered trademarks. The seller makes every effort to ensure that the offer presented on the pages is up-to-date. If, however, some of the ordered goods are not available, the seller must immediately inform the consumer about the situation by phone or by e-mail.
Agreement – a contract for the sale of goods under the Civil Code, concluded between the seller and the consumer, using means of distance communication.
Online store – an internet service available at www.strussaudio.com or at the email address email@example.com, via which the consumer can purchase the goods.
Part or Parts – respectively the Seller and / or the Consumer, jointly or separately.
Website – the website of the online store located at www.strussaudio.com.
Order – a voluntary declaration of the will of the consumer that clearly specifies the type and quantity of goods, aimed directly at concluding a Distance Agreement via the online store.
- The online store conducts retail sales via the internet. The seller does not sell wholesale via the online store.
- All goods offered via the online store are brand new, in their original packaging, free from physical and legal defects and have been legally placed on the market.
- The website displays visualisations of the goods, which may be slightly different from those in real life.
- To successfully place an order using the online store, a device that allows browsing websites is necessary..
- The Consumer submits an order via the website or email to the address firstname.lastname@example.org.
- The consumer is obliged to read the content of these regulations before submitting the order. By placing an order, the consumer accepts these regulations.
- The seller is entitled to withdraw from the order in the event of violation of these regulations.
- The seller reserves the right to withdraw particular goods from an offer without prior notice. Withdrawal does not apply to goods where the order has been confirmed.
- Orders placed via the website or e-mail can be submitted 24 hours a day, 7 days a week, 365 days a year. The seller reserves the right to impose restrictions on the use of the online store or electronic mail.
- Conditions for the implementation of a submitted order via the website or e-mail are to fill in the order form correctly, in particular to provide the address to which the product is to be sent, the telephone number and e-mail address to enable postage of the confirmed order and giving consent to use the provided address, telephone number and e-mail address in order to process the order.
In the event that the given data is not complete, the seller will contact the consumer. If contact with the consumer is not possible, the seller has the right to cancel the order.
- he consumer ultimately accepts the order at the time of its final confirmation in the online store or return e-mail sent to the address given in the order forms with the option “confirm: order with a payment obligation”.
- The accepted order is automatically confirmed by a return e-mail sent to the address given in the submitted order.
In every case, the seller reserves the right to verify or cancel a submitted order in cases justifying doubt as to the reliability of said order.
- Commencing the implementation of an order begins during the next working day after the day on which the payment was credited to the bank account provided in the order confirmation.
Rules and date of dispatch
- The goods are sent to the address indicated in the order. The shipment may not be delivered, or it may be delivered later if there is a mistake in the address provided by the consumer.
- Goods are delivered with the help of a specialised courier company. There is no possibility of personal collection of the goods at the seller’s premises.
- The maximum duration of an order (from confirmation of receipt of the order to sending the shipment to the consumer) is 5-6 business days.
- The shipment is delivered in accordance with the date specified in point 3, however, time must also be allowed for payments made by the consumer to clear in the seller’s bank account (usually 1-2 business days).
- In the case of orders consisting of several items to be delivered in one shipment, the deadline will depend on the date of the seller’s order completion of the last product constituting the given order, unless the parties agree otherwise.
Price and payments
- Information on the price of goods along with their description are provided on the website or sent to the consumer’s e-mail address. In each case, the price given to the seller shall be binding only from the moment the consumer receives an e-mail confirming the execution of the order.
- All prices given on the website are gross prices given in Polish zlotys or in other currencies (including VAT).
- All prices provided on the website cover shipping costs, regardless of whether the goods are shipped within or outside of Poland.
- The consumer is obliged to pay for goods ordered in the online Store. Payment must take place no later than within 7 calendar days from the date of conclusion of the agreement. In the absence of payment within the indicated period, the order will be canceled.
- Using the online store it is possible to make payments through a payment card, or by bank transfer to the following bank accounts:
payments in USD: IBAN PL59 1140 1977 0000 3996 9700 1003
payments in EUR: IBAN PL86 1140 1977 0000 3996 9700 1002
payments in PLN: 16 1140 1977 0000 3996 9700 1001
Operated by the bank:
mBank S.A. £ ÓD, PO Box 2108, 90-959 £ ódŸ 2
BIC / SWIFT code mBank: BREXPLPWMBK
SORT CODE / account number – 11402004
Each payment is accompanied by a fiscal receipt / invoice.
Receipt of goods
- Before accepting the parcel from the courier, check whether the packaging has not been damaged during transport. In particular, one should pay attention to the condition of the tape or seals affixed to the package. If the packaging is damaged or the seals (tapes) are broken, do not accept the delivery and report your complaint to the courier, and contact the seller as soon as possible to explain the matter, by e-mail or by phone. When submitting a complaint, please give the consumer’s name and surname, order number and description of the subject of the complaint.
- Failure to identify an irregularity in terms of quantity or quality of delivery upon receipt, may have a negative impact on the outcome of the consumer’s claims for damage or theft of the shipment in transit.
Withdrawal from the Contract
- Pursuant to the Act of 30 May 2014 on Consumer Rights, a Consumer who has concluded a distance or off-premises contract, has the right to withdraw from the concluded agreement within 14 days from the date of delivery of the goods without providing a reason.
In the event of exercising the right referred to in the preceding paragraph, the consumer is obliged to inform the seller of this fact, making a statement of withdrawal, which may be sent by post to the following address: Struss Audio Sp. z o. o., at al. Komisji Edukacji Narodowej 36 / 112b, 02-797 Warsaw. This can also be done electronically by means of an electronic withdrawal form sent to the following address: email@example.com. Withdrawal from the contract made after the deadline referred to in the first paragraph of this section will not be legitimate. In the case of withdrawal from the contract concluded at distance, the contract is considered as not concluded. If the consumer submitted a statement of withdrawal from the contract before the seller accepted his offer, the offer ceases to apply.
- The statement may be submitted on a form, the model of which is attached in Appendix No. 1 to the regulations or a self-declaration, which should contain a list of the returned goods, the date of receipt of the goods, name, consumer’s address and date of issue. The declaration of withdrawal from the contract is provided to the consumer in electronic form (in the attachment to electronic correspondence confirming the acceptance of the order for execution).
- If the consumer submits a declaration of withdrawal by electronic means via the electronic withdrawal form, the seller will immediately send a confirmation of receipt of the declaration of withdrawal from the contract (on a durable medium within the meaning of Article 2 item 4 of the Act of 30 May 2014 on consumer rights). Returned according to the withdrawal from the agreement, the goods must be complete (including full equipment and accessories, constituting its integral parts, if attached to the goods). Goods cannot bear traces of use that go beyond ordinary operation of the item. The original sales document must be attached to the returned goods along with the completed and signed goods return form. It is recommended that the returned goods should be packed in the original packaging, unless it has been removed in order to determine the nature, characteristics and functioning of the goods. In this case, care must be taken to ensure that the product is securely packaged, in order to avoid the risk of damage in transit. Before sending, the package should be marked with the address of the seller, to which the goods must be returned.
- The cost of returning the goods, (except for the circumstances referred to in art. 33 and art. 34 par. 2 of the Act of 30 May 2014 on Consumer Rights) is carried by the seller. The consumer is obliged to properly secure the returned goods so as to prevent damage in transit.
- The consumer is obliged to return the goods promptly, however no later than within 14 days from the date on withdrawal from the contract. The seller may stipulate that in the event of withdrawal from the agreement, the goods subject to refund will be returned in person, or by a person authorised by the consumer.
- If the returned product is incomplete or bears traces of use going beyond ordinary operation of the item, the seller reserves the right to refuse to accept the shipment, or to reduce the refund amount respective to cost of damage caused to the goods.
- In the event of withdrawal from the agreement, all payments made by the consumer, including delivery costs, will be transferred to the consumer’s bank account promptly, no later than within 14 days from the date of receipt by the seller of the consumer’s statement of withdrawal from the agreement.
- The seller declares that refund of the payment will be made using the same method of payment used by the consumer. The seller, in consultation with the consumer, may determine a different method of return, which will not be connected with the necessity of incurring additional costs by the consumer.
- The seller may withhold the refund of payments received from the consumer until receipt of the returned goods back from the consumer, or delivery by the consumer of proof of its return, depending on which event occurs earlier. The seller’s right indicated in the first sentence of this paragraph shall not apply to the situation in which the seller offered to collect the goods from the consumer.
Upon receipt and acceptance of the goods, the seller shall issue a refund invoice to the consumer, which shall be sent to the consumer’s address.
- By entering into the agreement, the consumer confirms that he has read the contents of these regulations, including confirmation of notification of the right to withdraw from the concluded sales agreement within 14 days from the date of the delivery of the product.
- The right to withdraw from the contract concluded at a distance does not entitle the consumer in relation to the agreements, in which the subject of the provision is non-prefabricated goods, manufactured according to the consumer’s specification or serving to satisfy his individual needs.
Warranty and complaints procedure
- The goods have a manufacturer’s warranty, the terms of which are described in the warranty card.
- The consumer may also submit a complaint to the seller in relation to the functioning of the online store. The complaint may be submitted in electronic form and sent to the address firstname.lastname@example.org. In the complaint submission, the consumer should describe the problem. The seller should immediately deal with the complaint, but no later than within 14 days of receipt of complaint, and the consumer will receive a reply on this matter.
Personal data protection
- Making a purchase by the consumer via the online shop involves consent to the collection and processing of the personal data of the consumer according to the Act of 29 August 1997 on the protection of personal data by the seller. The administrator of personal data is the seller.
- The data provided by the consumer serves only for the execution of the order, including the issue of proof of sale (receipt / invoice) and shipment of goods. The seller has the right to share the collected data with his business partners, only for the purpose of executing the order.
- Data is provided by the consumer on a voluntary basis, and the consumer has the right to view his data and the right to correct it, complete it, update it, rectify it and ask for deletion. For this purpose, the consumer should send an e-mail to the following address: email@example.com or a registered letter to the following address: Struss Audio Sp. z o. o., at al. Komisji Edukacji Narodowej 36 / 112b, 02-797 Warsaw.
Extra-judicial ways of settling complaints and pursuing claims
- The consumer, after exhausting the complaints procedure, has the possibility of using extrajudicial methods of dealing with complaints and pursuing claims, amongst others using an amicable consumer court, consumer ombudsman or other public organisations. The use of them is voluntary and can only take place when both parties of the dispute agree to it.
- Detailed information on the consumer’s options for extrajudicial complaints and redress procedures as well as access to these procedures are available at our main offices and on local government websites, consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and the following Internet addresses: http://www.uokik.gov.pl and http://www.rf.gov.pl.
- Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online system for the resolution of consumer disputes and amendments to Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC (Regulation on ODR in consumer disputes) the Service Provider, being an entrepreneur established in union with internet sales contracts or a contract for the provision of services, provides an electronic link to the ODR platform (Online Dispute Resolution) allowing for out-of-court dispute resolution: http://ec.europa.eu/ Consumers / handwritten /.
- Settlement of disputes arising between the seller and the consumer, which have not been resolved in out-of-court complaint handling, shall be submitted to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
- In matters not covered by the regulations, the provisions of the Act of 30 May 2014 on consumer rights, the Act of 23 April 1964 the Civil Code and other provisions of Polish law shall apply.
- The Seller reserves the right to make changes to the regulations, with the reservation that contracts concluded before amendment to the regulations shall apply; the version of the regulations in force at the time of placing the order by the consumer.
- The regulations enter into force on March 19, 2018.
Attachment No. 1 to the regulations
Sample withdrawal form (file to download)
(This form should be completed and sent back only if you wish to withdraw from the contract)
1. Addressee: Struss Audio Sp. z o. o. with headquarters in Warsaw, at al. Komisji Edukacji Narodowej 36 / 112b, 02-797 Warsaw, email: firstname.lastname@example.org
2. 2. I hereby confirm my withdrawal from the contract of sale of the following goods:
3. Date of the contract / receipt of goods:
4. Consumer’s name and surname:
5. Consumer’s address:
6. Signature of the consumer (necessary only in paper version):