These Terms and Conditions define the terms of sale of goods applicable to the Canaluminair online store available at: https://canaluminair.com/pl/ operated by Commodities Management Services Sp. z o.o. with its registered office in Warsaw, address: ul. Narbutta 30, Warsaw 02-541, NIP (Tax Identification Number): 9591284808, REGON (National Official Business Register): 290995647, entered in the Register of Entrepreneurs kept by the District Court for the capital city of Warsaw, Commercial Division XII of the National Court Register (KRS), under KRS No. 0000084866.
In all matters related to purchase of goods, please contact the store by e-mail: info@canaluminair.com or by telephone: +48 22 376 99 88 (toll according to the operator’s price list).
Commodities Management Services Sp. z o.o. with its registered office in Warsaw is hereinafter referred to as the Seller and the person making the purchase is referred to as the Client.
- GENERAL PROVISIONS
- The Terms and Conditions regulate all the issues related to the order and sale in the Canaluminair online store in compliance with the Act on Consumer Rights of 30 May 2014 and the Civil Code of 23 April 1964, as well as other laws regulating the rights and protection of consumers.
1. The sale to the Client of the goods offered in the store is subject to the acceptance of these Terms and Conditions published on the website (https://canaluminair.com/pl/).
2. The website (https://canaluminair.com/pl/) and its content, including the photographs, descriptions and prices of goods published on it, are the exclusive property of the Seller.
3. In order to use the website (https://canaluminair.com/pl/), to review the range of products published on the Canaluminair online store and to place orders, the Client must have an active e-mail account and a computer with Internet connection and a browser.
- APPLICATION OF THE TERMS AND CONDITIONS
1. The Terms and Conditions apply to all orders placed via the Canaluminair online store.
- PRODUCT (GOODS) INFORMATION
- The Seller offers for sale goods in the form of lamps and accessories for them – articulated brackets, light limiters and adapters.
1. All goods have been legally placed on the market.
2. The Client makes the purchase by selecting the option and method of payment.
3. The price of the goods is specified at https://canaluminair.com/pl/ in EURO and includes value added tax (VAT) at the rate specified by the applicable law. The price is binding and final.
4. In case of orders for a greater quantity of the given goods (more than 20 pcs. of the given type of goods), their price may be determined individually via e-mail: info@canaluminair.com.
5. Shipping costs depend on the selected shipping option.
6. The Seller reserves the right to change the prices of individual goods and to conduct promotions, sales or contests where the prize is an item of goods.
7. Sales or promotions apply only to the quantity of the given goods specified by the Seller and may be limited in time, as specified by the Seller.
- TERMS OF ORDERING GOODS AND CONTRACT CONCLUSION
- The sales contract is concluded with the Seller, who is the owner of the Canaluminair online store.
1. The contract concluded between the Client and Seller for the purchase of the goods is a term contract and is effective for the period of the order execution.
2. The place of performance of the service related to the purchase of the goods in the Canaluminair online store is the delivery address specified by the Client during the ordering process.
3. Presentation of the goods in the Canaluminair online store on the website (https://canaluminair.com/pl/) is an offer to conclude a sales contract.
4. To conclude the contract, the Client selects the goods, adds the selected goods to the shopping cart by clicking on the “Add to cart” option and places the order. The shopping cart and the data entered in the forms can be modified before the order is placed by means of the functions available and messages displayed during the ordering process.
5. One of the stages is the selection of the payment method, delivery option and determination of the delivery place.
6. By clicking on the button confirming and finalising the order on the order summary page, the Client places a binding order for the products in the shopping cart.
7. At any stage of the ordering process, before the Client completes the order summary, i.e. before the Clients clicks on the button finalising the order, the Client can change or cancel the order.
8. After receipt and registration of the order in the IT system of the Seller’s online store, the sales contract is concluded.
9. Upon order placement, the Client receives a message confirming the order and contract conclusion via e-mail.
10. Orders can be placed via the website (https://canaluminair.com/pl/) 24 hours a day, 7 days a week, all year round. The Seller can announce days when making purchases will not be possible. Such days will be announced by the Seller 2 weeks prior to the planned suspension of the sale of goods.
11. The Seller reserves the right to contact the Client directly via e-mail to confirm the data entered in the form and for the purpose of determination of order details. In the absence of contact with the Client, the order shipment will be withheld until the Client provides the relevant data within 14 days from the date of the Seller’s attempt to contact the Client. Upon ineffective expiry of the said time limit, the order will be cancelled.
- TERMS OF USE OF THE SERVICE PROVIDED VIA ELECTRONIC MEANS AND CLIENT REGISTRATION
- In order to use the Canaluminair online store, including review of the product range and placement of orders, the Client must have a multimedia device with an installed Internet browser and access to the Internet, as well as an electronic mail address. Enabling support of JavaScript and saving of Cookies in the browser settings is recommended.
1. The users are obliged to use the online store in compliance with the law and good manners. Publication of unlawful content is prohibited.
2. The Seller takes all necessary measures to ensure the proper operation of the website and interface of the online store within the limits of the current technical knowledge and undertakes to eliminate all irregularities and technical issues within a reasonable period of time.
3. The above applies to the possibility to subscribe to the newsletter or the ability to create a Client Account, if such services are provided in the store.
4. The Client can notify the Seller of any detected irregularities or interruptions in the functioning of the website and services of the online store using the contact details specified above. In the case of a complaint regarding irregularities related to the technical functioning of the online store, the Client is requested to specify the nature and date of occurrence of the irregularity.
5. Commencement of use of the Canaluminair online store by the Client is equivalent to the conclusion of a contract for services provided by electronic means, under the conditions provided for herein. The contract is concluded for an indefinite period of time.
6. The Client can create an individual Client Account, which requires registration, by filling in the registration form.
7. The registration form contains fields to be filled in by the Client – name, surname, e-mail address, telephone number, postal address, login. Filling in the fields of the form is voluntary, but necessary to finalise the order.
8. The Client is obliged to provide truthful data, otherwise making purchases in the Canaluminair online store will not be possible.
9. The password is confidential and can be changed by the Client at any time.
10. Possession of an individual Client account allows the Client to place orders without providing his or her details for each purchase made in the Canaluminair online store.
11. Once the Client has sent the filled in form to the Seller, a message confirming the creation of the Client Account will be sent to the e-mail address specified by the Client. From that moment, the Client can use the created Account.
12. Conclusion of the contract for services provided by electronic means is equivalent to the submission of the declarations that the Client uses the Canaluminair online store voluntarily, that he or she meets the conditions for becoming a Client provided for herein, that the data entered in the form are true and do not violate the rights of third parties and that he or she grants consent to the electronic conclusion of the contract.
13. The Client can terminate the contract for services provided by electronic means at any time. The notice of termination of the contract must be sent to the Seller via e-mail to the following address: info@canaluminair.com. The Client must send the said message from the e-mail account specified by the Client in the form. The date of submittal of the notice by the Client is the date of receipt by the Seller of the Client’s e-mail containing the notice of termination.
14. The Seller may terminate the contract for services provided by electronic means in relation to a registered Client if:
1. the Client publishes unlawful content in the Canaluminair online store,
2. the Client sends unsolicited commercial information,
3. the Client breaches the provisions of the Terms and Conditions.
- The Seller’s notice of termination of the contract for services provided by electronic means will be submitted by the Seller via e-mail to the e-mail address specified by the Client in the form. The date of submittal of the notice by the Seller is the date of receipt by the Client of the Seller’s e-mail containing the notice of termination.
- Termination of the contract for services provided by electronic means by any of the Parties results in the Seller blocking the Client’s access to the Client Account and its deletion.
- DELIVERY AND PAYMENTS
- The price for delivery of a parcel with goods purchased by the Client within the territory of Poland and Europe (except Russia) is specified in the price list available at https://canaluminair.com/pl/.
1. The ordered goods are delivered by courier companies cooperating with the Seller. Detailed information in this respect can be found on the website of the Canaluminair online store and is available during the ordering process.
2. Upon receipt of the parcel, the Client is obliged to check its condition and contents in the presence of the Courier. If the Client discovers any damage to the parcel, the Client is obliged to document this fact, so that the Seller can deal with the complaint.
3. The goods are shipped from Monday to Friday.
4. The goods ordered by the Client are delivered within 2 days from placement of a complete and correct order (2 days – delivery time within the territory of Poland, 2-12 days – delivery time within the territory of Europe). If the Client provides a wrong delivery address, the Seller shall not be responsible for any delay in the delivery.
5. If the goods purchased by the Client are delivered using the “cash on delivery” option, the goods will be handed over to the Client by the Courier only after the Client has paid the price of the goods to the Courier.
6. The Canaluminair online store offers the option of electronic payment (e-payment) via an online payment platform.
7. Detailed information on payment options, including online payment platforms integrated with the store and available types of e-payment, as well as potential additional costs, is presented during the ordering process and on the website of the Canaluminair online store.
8. If electronic payment is selected, the day of payment for the goods by the Client is the day on which the funds corresponding to the price of the goods and delivery are credited to the Seller’s bank account.
9. The Seller will issue a proof of sale and, at the Client’s request, a VAT invoice that will be included in the parcel with the goods and shipped together with them.
- DAMAGE IN TRANSPORT
- In the case of a distance purchase by a Consumer, the Seller always bears the risk of accidental damage or loss of the purchased goods in transport.
1. If the ordered goods are delivered with obvious damage inflicted in transport, the Client must report this fact to the Courier and document it (e.g. a photo), as well as contact the Seller immediately by e-mail at info@canaluminair.com, describing the detected defect of the goods. The sole purpose of reporting damage to goods in transport is to assist the Seller in pursuing claims against the carrier who delivered to the goods to the Client or the transport insurer and does not affect or limit the Client’s rights under the implied warranty for defects.
- IMPLIED WARRANTY FOR DEFECTS, COMPLAINTS AND SELLER’S LIABILITY
- The Seller undertakes to deliver goods free from physical and legal defects.
1. A physical defect consists in non-conformity of the item sold with the contract, i.e. if:
1. the goods do not have the properties the goods of the given type should have according to the purpose specified in the contract or resulting from the circumstances or the intended use;
2. the goods are unsuitable for the purpose of which the Client notified the Seller when concluding the contract and the Seller did not inform the Client that the goods are unsuitable for that purpose;
3. the goods do not have the properties the Client was assured of by the Seller in the presentation of the goods sample or design;
4. the goods released to the Client are incomplete.
2. In connection with the operation of the Canaluminair online store, the Seller is liable towards the Client under the implied warranty if a physical defect of the goods is identified before the expiry of two years from the release of the goods to the Client.
3. The Client may lodge a Complaint with the Seller due to a physical defect in the goods.
4. Complaints must be lodged via e-mail to the following address: info@canaluminair.com, or in writing to: Commodities Management Services Sp. z o.o., ul. Narbutta 30, 02-541 Warsaw.
5. Along with the complaint, the Client must submit a proof of purchase of the goods to the Seller.
6. The Seller will give an opinion on the defect of the goods described by the Client and send an e-mail to the Client, if the complaint is lodged by electronic means, or send an information in writing, if the complaint is lodged by the Client in writing, within 14 business days from the date of receipt of the complaint.
7. If resolution of the complaint requires the return of the defective goods to the Seller, the Client shall return the defective item at the Seller’s expense to the Seller’s postal address specified above. Should delivery of the goods be excessively difficult due to their nature, the Client shall make the item available at the place where it is located.
8. If the complaint is accepted, the Client is obliged to send the defective goods by post to the Seller’s address, unless the defective goods have already been transferred to the Seller, and the Seller shall replace the defective goods with new goods free of defects. The costs of shipment of new goods to the Client shall be borne by the Seller.
9. If replacement of the defective goods with new goods free of defects is impossible, of which the Seller shall notify the Client in the manner and within the period specified in item g), the Seller undertakes to refund the price paid for the defective goods and the price of their delivery.
10. The refund will be made by the Seller within 7 business days from the date on which the Client specifies the bank account for the refund.
11. The Seller shall not be liable for any failure to refund for defective goods if the Client specifies an incorrect bank account number.
12. In all matters regarding the exercise of the Client’s rights under the implied warranty that are not regulated in these Terms and Conditions, the provisions of the Civil Code (Article 556 et seq.) shall apply.
- LANGUAGE AND TERMS OF RECORDING OF THE CONTRACT
- The sales contract is concluded in Polish and English.
1. The Client shall receive the order details via e-mail.
2. The Client can check the information about his/her order via the created Client Account.
3. The Terms and Conditions of the Canaluminair online store are also available on the website (https://canaluminair.com/pl/) in a manner that allows them to be obtained, displayed, recorded and familiarised with their content.
- RIGHT TO WITHDRAW FROM THE CONTRACT
- The Consumer has the statutory right to withdraw from the contract, according to the information provided in the notice on the right to withdraw from the contract available on the website (https://canaluminair.com/pl/).
1. This right is also held by natural persons concluding a contract connected directly with their business activity, if the content of the contract shows that it is not of a professional nature, in particular, on the basis of the object of their business activity as declared in the Central Registration and Information on Business (CEIDG).
2. The right to withdraw from the contract concluded with the Seller via the Canaluminair online store can be exercised by the Client without cause within 14 days from the date on which the Client comes into possession of the goods or on which a third party, other than the carrier, designated by the Client comes into possession of the purchased goods. Upon expiry of that period, the right of withdrawal expires.
3. The Client shall notify the Seller by e-mail to the address: info@canaluminair.com or in writing in the form of a declaration sent by post to the Seller’s address: Commodities Management Services Sp. z o.o., ul. Narbutta 30, 02-541 Warsaw, of exercising the right to withdraw from the contract within a non-negotiable period of 14 days from the date on which he/she came into possession of the ordered goods. The Client can use the Contract Withdrawal Form available on the website (https://canaluminair.com/pl/).
4. In the case of withdrawal from the contract, the Seller shall refund all payments received from the Client, including the cost of delivery of the goods, immediately, and in any case no later than within 14 days from the date on which the Seller is notified of the Client’s decision to exercise the right to withdraw from the contract, subject to item i).
5. The Seller shall make the refund using the same payment method as the Client used in the purchase transaction, unless the Client agrees to other solutions; in any case, the Client will not be charged with any fees related to the refund.
6. If the Client exercises the right to withdraw from the contract, the Client shall return the goods to the Seller no later than within 14 days from the date of withdrawal from the contract. In such a case, the cost of returning the goods are charged to the Seller, subject to the provision below.
7. If the Client returns the goods after the expiry of 14 days from the date of withdrawal from the contract, the cost of returning the purchased goods will be charged to the Client.
8. The Seller can withhold the refund to the Client until it receives the goods or until the Client provides evidence of return of the goods, whichever is earlier.
9. The Seller specifies the following address for the return of goods: Commodities Management Services Sp. z o.o., ul. Narbutta 30, 02-541 Warsaw, no later than within 14 days from the date on which the Client notifies the Seller of withdrawal from the contract. The deadline shall be deemed to have been observed, if the Client returns the goods to the specified Seller’s address prior to the expiry of 14 days.
10. The right to withdraw from the contract does not apply to contracts where the price of the goods depends on fluctuations in the financial market over which the Seller has no control and which may occur prior to the expiry of the withdrawal period, nor to contracts for services provided by the Seller on the basis of the Client’s express consent.
- FINAL PROVISIONS AND ALTERNATIVE DISPUTE RESOLUTION
- The sales contract is concluded between the Client and Seller.
1. The Seller accepts no liability for blocking the possibility of sending e-mails to the e-mail address specified by the Client by the administrators of the mail server or for the removal and blocking of e-mails by the software installed on the computer used by the Client.
2. The Parties shall first attempt to resolve amicably any disputes arising out of the performance of the provisions hereof. Should they not reach an agreement, the disputes shall be settled by the common court of proper venue serving the address of the Seller.
3. If the Client uses the option of alternative resolution of disputes in relation to any dispute connected with conclusion and performance of the contract, the Seller informs that information on access to the above-mentioned dispute resolution method and procedures can be found at: www.uokik.gov.pl in the tab “Polubowne rozwiązywanie sporów konsumenckich” (Amicable Resolution of Consumer Disputes) [https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php].
4. The Client can access the Online Dispute Resolution Platform (ODR Platform) at: [https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL]. The ODR Platform is a multi-lingual interactive website for Consumers and entrepreneurs aimed at alternative resolution of disputes arising from the conclusion of a distance sales contract or service contract.
5. The use of the above-mentioned alternative methods of pursuing claims and resolving disputes is voluntary and requires consent of both parties to the dispute (Consumer and Seller).
6. Nothing in these Terms and Conditions is intended to infringe the statutory rights of a Consumer. In case of any discrepancies between the provisions of these Terms and Conditions and the Consumers’ rights under the applicable law, the statutory regulations shall always prevail.
7. These Terms and Conditions are effective as of 01.02.2023.
8. The issues related to the protection of the personal data of the Clients are regulated in the Privacy Policy available on the following tab: https://canaluminair.com/pdf/eu/canaluminair-polityka-pl.pdf.