PolskiThis regulation (“Regulation”) sets forth the rules and conditions for the sale of goods in the online store operating at: www.octopuslab.eu (“Online Store”).
I. INTRODUCTORY PROVISIONS
1. The owner of the Online Store is:
Octopuslab Sp. z o.o. with its registered office at:
ul. Katowicka 29a/2, 43-346 Bielsko-Biała
NIP 937-273-99-76, REGON 520677770
registered in the KRS: 0000937864,
e-mail: shop@octopuslab.eu.
2. To use the Online Store, including browsing the goods available in the Online Store’s assortment and placing orders, the following is necessary:
a) a computer, phone, tablet, or other device with internet access;
b) a web browser: Safari, Chrome, Internet Explorer, Firefox, or Opera;
c) an active e-mail account.
3. Customers of the Online Store may be adults with at least limited legal capacity as well as legal persons or organizational units without legal personality, possessing legal capacity and the ability to act legally.
II. DEFINITIONS
1. Customer – any person who uses the Online Store in any way.
2. Basket – an element of the Online Store in which the Customer specifies order details such as: Customer’s data, quantity of Goods, delivery address, invoice data, delivery method, payment form, and other data necessary for the order fulfillment.
3. Newsletter – a commercial information regarding OCTOPUSLAB, including in particular information about Goods, news, promotions, etc.
4. Online Store – an IT platform managed by OCTOPUSLAB, operating at: www.octopuslab.eu
5. Goods – products that can be ordered in the Online Store.
III. RULES FOR PLACING ORDERS
1. Before placing an order in the Online Store, the Customer should familiarize themselves with this Regulation.
2. Information about the Goods available in the Online Store does not constitute an offer within the meaning of the civil code. Information about the Goods provided on the Online Store’s website constitutes an invitation to submit offers by Customers.
3. By placing an order in the Online Store, the Customer makes an offer to OCTOPUSLAB to conclude a sales (purchase) agreement for the selected Goods. The conclusion of the sales agreement requires the Customer to place an order and then for OCTOPUSLAB to confirm acceptance of the order for fulfillment after verifying the availability of the Goods in stock.
4. Placing orders in the Online Store is possible 7 days a week and 24 hours a day.
5. The Customer can place an order in the Online Store by selecting the Goods presented on the Online Store’s website and adding them to the Basket.
6. After adding the Goods to the Basket and providing the necessary data for order fulfillment, the Customer confirms the order by clicking the button: “I ORDER AND PAY”.
7. The prices of Goods available in the Online Store at the time the Customer places an order are binding for both the Customer and OCTOPUSLAB. The prices of Goods available in the Online Store are given in Polish złoty and include VAT (they are gross prices).
8. The price of the Goods stated on the Online Store’s website does not include the shipping cost of the Goods to the Customer. The shipping cost is added to the price of the Goods, the amount of which is indicated in the Basket before the Customer confirms the placement of the order. Shipping costs depend on the method of delivery of the Goods to the Customer, as well as the value and size of the order.
9. The entity providing online payment services is PayU S.A.
10. The Customer placing an order in the Online Store can use the following forms of payment:
a) payment by bank transfer – before receiving the ordered Goods, to the bank account of OCTOPUSLAB indicated on the Online Store’s website: www.octopuslab.eu;
b) BLIK payment;
c) online payment via quick transfers or by credit card.
IV. ORDER FULFILLMENT
1. OCTOPUSLAB confirms to the Customer the acceptance of the order for fulfillment to the e-mail address provided by the Customer at the time of placing the order, within 3 working days or in the case of promotional campaigns within 7 working days from the date of placing the order.
2. In the event that the fulfillment of the order placed by the Customer is not possible due to the unavailability of the Goods in stock (e.g., due to simultaneous orders for the same Goods by multiple customers), OCTOPUSLAB informs the Customer of this fact within the timeframe specified in paragraph 1 above by sending a message to the e-mail address provided by the Customer. If part of the Goods covered by the order is unavailable, the Customer decides whether the order should be fulfilled partially or canceled in full.
3. The Customer may change or cancel the order via e-mail: shop@octopuslab.eu, until OCTOPUSLAB sends the ordered Goods.
4. In the case of canceling an order in the situations indicated in paragraphs 2 or 3 above, if payment was made in advance, OCTOPUSLAB will refund the Customer the amount paid (or its part in the case of partial order fulfillment) within five working days from the date of canceling the order.
5. Goods ordered in the Online Store are delivered to the address specified by the Customer when placing the order within the territory of the Republic of Poland within three working days or, in the case of promotional campaigns, within seven working days from the day of sending the Customer confirmation of the acceptance of the order for fulfillment.
6. A condition for accepting the order for fulfillment is the prior payment for the ordered Goods. In the case of the Customer choosing the bank transfer payment method, OCTOPUSLAB will accept the order for fulfillment after the payment for the ordered Goods is credited to the bank account of OCTOPUSLAB. In the case of the Customer choosing the bank transfer payment method, the Customer should make the payment within three days from the date of placing the order.
7. The delivery of the package to the Customer is carried out through courier companies or via InPost parcel lockers, to the parcel locker selected by the Customer. Delivery of the package to the Customer or to the selected parcel locker will take place on a working day.
8. The attempt to deliver the package to the Customer occurs once. If the Customer was absent at the specified address, they should contact the courier company and arrange for re-delivery. After the second unsuccessful delivery attempt, the Goods will be returned to OCTOPUSLAB, of which the Customer will be notified by e-mail to the address provided during the order placement.
**V. WITHDRAWAL FROM THE CONTRACT**
1. A client who is a consumer may withdraw from the contract without giving any reason within 14 days from the date the client, or a third party indicated by the client (other than the carrier), takes possession of the goods. The client must submit a declaration of withdrawal to OCTOPUSLAB in accordance with Article 27 of the Consumer Rights Act of May 30, 2014. It is sufficient to send the declaration before the deadline. The client may submit the declaration using the withdrawal form template, which is Attachment No. 1 to these Terms and Conditions.
2. In the case of withdrawal from the contract as mentioned in point 1 above, the client must return the goods to the Online Store at the following address: OCTOPUSLAB Sp. z o.o., ul. Katowicka 29A/2, 43-346 Bielsko-Biała, no later than 14 days from the day of withdrawal. It is sufficient to send the goods before the deadline. The client bears the direct cost of returning the goods to the Online Store.
3. The right of withdrawal does not apply to the client in cases specified in Article 38 of the Act mentioned in point 1 above, including contracts:
a) where the subject is a non-prefabricated item made according to the consumer’s specifications or intended to meet their individualized needs;
b) where the subject is an item that is perishable or has a short shelf life;
c) where the subject is an item delivered in a sealed package, which, after opening, cannot be returned for health or hygiene reasons, if the package was opened after delivery;
d) where the subject is an item that, due to its nature, becomes inseparably connected with other items after delivery.
4. The client is liable for any reduction in the value of the goods resulting from using them in a way that exceeds what is necessary to determine their nature, characteristics, and functioning.
5. In the case of withdrawal from the contract as mentioned in point 1 above, OCTOPUSLAB is obliged to promptly, no later than 14 days from the receipt of the client’s withdrawal declaration, refund the payments made by the client, minus the cost of delivery.
6. OCTOPUSLAB will refund the payment using the same method of payment that the client used, unless the client expressly agrees to a different method, which will not incur any costs for the client.
7. OCTOPUSLAB may withhold the refund until the returned goods are received.
8. The provisions regarding consumers in this point V also apply to a sole proprietorship that concludes a contract with OCTOPUSLAB in connection with its business activities, where the sales contract is not of a professional nature for that person, especially based on the business activities specified in the Central Register and Information on Economic Activity (CEIDG).
**VI. COMPLAINTS**
1. OCTOPUSLAB is committed to delivering goods to the client that are free from defects and in accordance with the contract.
2. OCTOPUSLAB is responsible to the client if the goods sold to the client do not comply with the contract. OCTOPUSLAB does not provide warranties for the goods.
3. Complaints regarding non-compliance of the goods with the contract can be submitted, for example, in person, in writing to the address OCTOPUSLAB: ul. Katowicka 29A/2, 43-346 Bielsko-Biała, or via email: shop@octopuslab.eu.
4. OCTOPUSLAB will review and respond to a complaint submitted by the client promptly, but no later than 14 days from the date of the complaint submission.
5. A client who is a consumer has the right to use out-of-court methods for handling complaints and seeking redress. In particular, the client may submit a request for mediation to the Provincial Inspector of Trade Inspection or submit an application to the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection for dispute resolution. The use of out-of-court complaint handling and redress methods requires the consent of both parties.
6. A client who is a consumer may also seek assistance in resolving a dispute with the seller and obtain free legal advice or information from a district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection, such as the Polish Consumer Association or the Consumer Federation.
7. A client who is a consumer purchasing goods is also entitled to use the out-of-court method for handling disputes and seeking redress via the interactive ODR platform (Online Dispute Resolution), in accordance with the Regulation of the European Parliament and the Council (EU) No 524/2013 of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
**VII. PERSONAL DATA**
1. Provisions regarding personal data protection are included in the Privacy Policy, available at www.octopuslab.eu.
**VIII. NEWSLETTER**
1. The client may consent to receive commercial and marketing information from OCTOPUSLAB electronically, in the form of a newsletter, sent to the email address provided by the client.
2. The client may unsubscribe from the newsletter at any time.
IX. FINAL PROVISIONS
1. OCTOPUSLAB holds the copyright or appropriate license for the photos and content on the Online Store’s website. Copying and distributing them without the consent of OCTOPUSLAB is prohibited.
2. The names of the goods listed on the Online Store’s website may be protected under the provisions of the Act of June 30, 2000, on Industrial Property Law.
3. In matters not regulated by these Terms and Conditions, the generally applicable provisions of law shall apply, including the Civil Code of April 23, 1964, the Consumer Rights Act of May 30, 2014, and the General Data Protection Regulation (GDPR) of the European Union 2016/679 of April 27, 2016.
4. OCTOPUSLAB does not adhere to a code of good practice as defined in the Act of August 23, 2007, on Counteracting Unfair Market Practices.
5. OCTOPUSLAB takes measures to verify reviews of goods posted on the Online Store’s website. OCTOPUSLAB allows reviews of goods to be posted only by individuals who have purchased the goods through the Online Store.
—
ATTACHMENT NO. 1 TO THE TERMS AND CONDITIONS
MODEL WITHDRAWAL FORM
Recipient:
OCTOPUSLAB,
ul. Katowicka 29A/2,
43-346 Bielsko-Biała,
email: shop@octopuslab.eu
I/We hereby inform you of my/our withdrawal from the sales contract for the following goods:
Order number:
Date of conclusion/receipt (date on receipt):
Consumer(s) name(s):
Consumer(s) address:
Signature(s) of the consumer(s) (only if the form is submitted in paper form):
Date: