Terms of service

Terms and Conditions of the Polight.me online store

§ 1 Preliminary Provisions

 * The online store Polight.me, available at the internet address https://polight.me, is operated by PKB Spółka z ograniczoną odpowiedzialnością Spółka komandytowa, entered into the National Court Register, XII Commercial Division for the capital city of Warsaw, under number 0000598100, NIP (Tax Identification Number) 5213719887, REGON (National Business Registry Number) 363567197.

 * These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the online Store, as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.

§ 2 Definitions

 * Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.

 * Seller – a legal person, PKB Spółka z ograniczoną odpowiedzialnością Spółka komandytowa, entered into the National Court Register, XII Commercial Division for the capital city of Warsaw, under number 0000598100.

 * Customer – any entity making purchases through the Store.

 * Entrepreneur – a natural person, a legal person, and an organizational unit that is not a legal person but to which a separate act grants legal capacity, conducting business activity in its own name, who uses the Store.

 * Store – the online store operated by the Seller at the web address www.polight.me.

 * Distance Agreement – an agreement concluded with the Customer within an organized system for concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time at which the agreement is concluded.

 * Terms and Conditions – these terms and conditions of the Store.

 * Order – a declaration of will by the Customer submitted via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.

 * Account – a customer account in the Store, which stores data provided by the Customer and information about Orders placed by them in the Store.

 * Registration Form – a form available in the Store that allows for the creation of an Account.

 * Order Form – an interactive form available in the Store that allows for placing an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.

 * Cart – an element of the Store's software in which the Products selected by the Customer for purchase are visible, and where it is also possible to determine and modify the Order data, in particular the quantity of products.

 * Product – a movable item/service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.

 * Sales Agreement – a sales agreement for a Product concluded or to be concluded between the Customer and the Seller via the online Store. The Sales Agreement also refers to—depending on the features of the Product—a contract for the provision of services and a contract for a specific work.

§ 3 Contact with the Store

 * Seller's address: PKB Spółka z ograniczoną odpowiedzialnością Spółka komandytowa, ul. Solec 18, lok. 21B, 00-410 Warszawa, Poland

 * Seller's e-mail address: mateusz@polight.me

 * Seller's phone number or WhatsApp: 666286106

 * Seller's bank account number (mBank): 56 1140 2004 0000 3802 7714 4938

 * The Customer may communicate with the Seller using the addresses and phone numbers provided in this paragraph.

 * The Customer may contact the Seller by phone between 10:00 AM and 5:00 PM.

§ 4 Technical Requirements

To use the Store, including Browse the Store's assortment and placing orders for Products, the following are necessary:

a. a terminal device with access to the Internet and any web browser,

b. enabled cookies,

c. an installed FlashPlayer program.

§ 5 General Information

 * To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Customer's technical infrastructure.

 * Browse the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data to enable the execution of the Order without creating an Account.

 * The prices given in the Store are in Polish zlotys and are gross prices (including VAT).

 * The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery, and postal services), of which the Customer is informed on the Store's pages during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Agreement.

 * In the case of an Agreement for a subscription or the provision of services for an indefinite period, the final price is the total price including all payments for the billing period.

 * When the nature of the subject of the Agreement does not, reasonably assessing, allow for the prior calculation of the final price, information on how the price will be calculated, as well as on fees for transport, delivery, postal services, and other costs, will be provided in the Store in the Product description.

§ 6 Rules for Placing an Order

To place an Order, you must:

 * log in to the Store (optional);

 * select the Product that is the subject of the Order, and then click the "Add to Cart" button (or equivalent);

 * log in or use the option of placing an Order without registration;

 * if the option of placing an Order without registration has been chosen – fill in the Order Form by entering the details of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery), enter the invoice details if they are different from the recipient's details;

 * click the "Order and pay" button and confirm the order by clicking the link sent in the e-mail message;

 * choose one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8 point 3.

§ 7 Offered Delivery and Payment Methods

 * The Customer may use the following methods of delivery or collection of the ordered Product:

   a. Courier delivery.

 * The Customer may use the following payment methods:

   a. Bank transfer to the Seller's account.

   b. Electronic payments.

 * Detailed information on delivery methods and acceptable payment methods can be found on the Store's pages.

§ 8 Execution of the Sales Agreement

 * The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the online Store in accordance with § 7 of the Terms and Conditions.

 * After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is sent by the Seller to the Customer by e-mail to the Customer's e-mail address provided during the ordering process. This e-mail contains at least the Seller's declarations of receipt of the Order and its acceptance for execution, as well as confirmation of the conclusion of the Sales Agreement. A Sales Agreement between the Customer and the Seller is concluded upon the Customer's receipt of the aforementioned e-mail.

 * If the Customer chooses:

   a. payment by bank transfer, electronic payment, or payment card, the Customer is obliged to make the payment within 1 calendar day from the date of conclusion of the Sales Agreement – otherwise, the order will be canceled.

 * The Product will be sent by the Seller within the period specified in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order.

 * If Products with different delivery times are ordered, the Customer has the option to request delivery of the Products in parts or delivery of all Products after the entire order has been completed.

 * The start of the delivery period of the Product to the Customer is calculated as follows:

   a. If the Customer chooses payment by bank transfer, electronic payment, or payment card – from the date the Seller's bank account is credited.

 * If the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within the period specified in the Product's description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending a relevant e-mail to the Customer's e-mail address provided when placing the Order.

 * Delivery of the Product takes place exclusively within the territory of Poland.

 * Delivery of the Product to the Customer is paid, unless the Sales Agreement states otherwise. The costs of delivery of the Product (including fees for transport, delivery, and postal services) are indicated to the Customer on the online Store's pages in the "Delivery Costs" tab and during the placement of the Order, including at the moment the Customer expresses the will to be bound by the Sales Agreement.

 * Personal collection of the Product by the Customer is free of charge.

§ 9 Right of Withdrawal

 * A Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.

 * The period specified in para. 1 begins from the delivery of the Product to the Consumer or to a person other than the carrier indicated by the Consumer.

 * In the case of an Agreement that covers multiple Products that are delivered separately, in batches, or in parts, the period specified in para. 1 runs from the delivery of the last item, batch, or part.

 * In the case of an Agreement that involves the regular delivery of Products for a specified period (subscription), the period specified in para. 1 runs from taking possession of the first of the items.

 * The Consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the deadline expires.

 * The statement may be sent by traditional post or electronically by sending the statement to the Seller's e-mail address or by submitting the statement on the Seller's website – the Seller's contact details are specified in § 3. The statement can also be submitted on a form, the template of which is Annex No. 1 to these Terms and Conditions and an annex to the Act of 30 May 2014 on Consumer Rights, but this is not obligatory.

 * If the Consumer sends the statement electronically, the Seller will immediately send the Consumer an acknowledgment of receipt of the statement of withdrawal to the e-mail address provided by the Consumer.

 * Effects of withdrawal from the Agreement:

   a. In the event of withdrawal from a distance Agreement, the Agreement is considered not concluded.

   b. In the event of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than 14 days from the date of receipt of the Consumer's statement of withdrawal, all payments made by them, including the costs of delivering the item, with the exception of additional costs resulting from the Consumer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller.

   c. The Seller will make the refund using the same payment methods that were used by the Consumer in the initial transaction, unless the Consumer has expressly agreed to another solution that will not involve any costs for them.

   d. The Seller may withhold the refund until the Product is received back or until proof of its return is provided, whichever occurs first.

   e. The Consumer should send the Product back to the Seller's address provided in these Terms and Conditions immediately, no later than 14 days from the day on which they informed the Seller about their withdrawal from the Agreement. The deadline is met if the Consumer sends the Product back before the 14-day period expires.

   f. The Consumer bears the direct costs of returning the Product, including the costs of returning a Product that, due to its nature, cannot be returned by post in the usual way.

   g. The Consumer is only liable for any diminished value of the Product resulting from handling it in a way other than what is necessary to establish the nature, characteristics, and functioning of the Product.

 * If, due to the nature of the Product, it cannot be returned by post in the usual way, information about this, as well as about the costs of returning the Product, will be included in the Product description in the Store.

 * The right of withdrawal from a distance agreement does not apply to the Consumer in relation to an Agreement:

   a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy their individualized needs,

   b. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons, if the packaging has been opened after delivery,

   c. in which the subject of the service is an item that is liable to deteriorate or has a short shelf life,

   d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the service began that after the Seller has performed the service, they will lose their right of withdrawal,

   e. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the Agreement,

   f. in which the subject of the service are items that, after delivery, due to their nature, are inseparably connected with other items,

   g. in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales agreement, and the delivery of which can only take place after 30 days and whose value depends on fluctuations in the market over which the Seller has no control,

   h. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery,

   i. for the supply of newspapers, periodicals, or magazines, with the exception of subscription agreements,

   j. for the supply of digital content which is not supplied on a tangible medium, if the performance has begun with the Consumer's prior express consent before the end of the withdrawal period and after they have been informed by the Seller of the loss of their right of withdrawal.

§ 10 Complaints and Warranty

 * The Sales Agreement covers new Products.

 * The Seller is obliged to deliver to the Customer an item free from defects.

 * In the event of a defect in the goods purchased from the Seller, the Customer has the right to file a complaint based on the provisions concerning statutory warranty (rękojmia) in the Civil Code.

 * The complaint should be submitted in writing or electronically to the Seller's addresses provided in these Terms and Conditions.

 * It is recommended that the complaint include, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer filing the complaint, and the Customer's request in connection with the defect of the goods.

 * The Seller will respond to the complaint request immediately, and if the Customer is a Consumer – no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, it is considered that the Seller has deemed the Customer's request justified.

 * Goods sent back as part of the complaint procedure should be sent to the address: PKB Spółka z ograniczoną odpowiedzialnością Spółka komandytowa, ul. Solec 18, lok B21, 00-410 Warszawa, Poland.

§ 11 Out-of-court Complaint and Claim Resolution Methods

 * Detailed information concerning the possibility for a Consumer to use out-of-court complaint and claim resolution methods and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

 * The Consumer has the following exemplary possibilities of using out-of-court complaint and claim resolution methods:

   a. The Consumer is entitled to turn to a permanent consumer arbitration court, referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.

   b. The Consumer is entitled to turn to the voivodeship inspector of the Trade Inspection, in accordance with Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.

   c. The Consumer can obtain free assistance in resolving a dispute between them and the Seller, also by using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, Polish Consumer Association).

§ 12 Personal Data Protection – Privacy Policy

 * The controller of the personal data of Customers collected via the Polight.me online Store is PKB Spółka z ograniczoną odpowiedzialnością Spółka komandytowa, entered into the National Court Register, XII Commercial Division for the capital city of Warsaw, under number 0000598100, NIP 5213719887, REGON 363567197.

 * Personal data is processed by the Controller in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) for the following purposes:

   – fulfilling orders in the www.polight.me store, including, among others, informing about the order status and processing complaints (providing data is voluntary, but necessary to achieve the above purpose).

 * The Controller takes special care to protect the privacy and information provided to them concerning the Customers of the online Store. The Controller with due diligence selects and applies appropriate technical measures, including programming and organizational ones, ensuring the protection of the processed data, in particular, securing data against unauthorized access, disclosure, loss, and destruction, unauthorized modification, as well as against their processing in violation of applicable law.

 * Personal data may be disclosed to entities cooperating with the Store on the basis of commissioned services and in accordance with concluded data processing agreements, as well as to entities authorized under the law, which are necessary to fulfill the order, i.e., to process payment for the order and ship the purchased goods. Personal data will be processed until the consent for their further processing is withdrawn. Every person has the right to access their data, the right to rectify it, the right to erasure – the right to be forgotten, the right to restrict processing, the right to data portability, the right to object, including the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal. For these purposes, you should contact the Controller in writing at the registered office address or by e-mail at mateusz@polight.me. The data subject has the right to lodge a complaint with the President of the Personal Data Protection Office if they consider that the processing of their personal data violates the provisions of the GDPR.

 * The purpose of this Privacy Policy is to define the actions taken by the Controller regarding the protection of personal data collected via the www.polight.me website.

 * Making a purchase in the www.polight.me store is possible only after reading the provisions of these Terms and Conditions, which include the Privacy Policy.

 * The recipients of the personal data of the online Store's Customers may be:

   a. In the case of a Customer who uses postal or courier delivery in the online Store, the Controller provides the collected personal data of the Customer to the selected carrier or intermediary carrying out shipments on behalf of the Controller.

   b. In the case of a Customer who uses electronic payments or a payment card in the online Store, the Controller provides the collected personal data of the Customer to the selected entity handling these payments in the online Store.

 * Providing personal data is voluntary, although failure to provide the personal data indicated in the Terms and Conditions necessary to conclude a Sales Agreement results in the inability to conclude that agreement.

§ 13 Final Provisions

 * Agreements concluded through the online Store are concluded in the Polish language.

 * The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of any change at least 7 days in advance.

 * In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; the Act on Consumer Rights, the Act on the protection of personal data.

 * The Customer has the right to use out-of-court complaint and claim resolution methods. For this purpose, they can lodge a complaint via the EU's ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.