TERMS OF USE OF ‘BLUETONE ACOUSTICS’ INTERNET SERVICE
 

§1 GENERAL PROVISIONS

1) This Terms of Use of ‘Bluetone Acoustics’ Internet Service, hereinafter called ‘Terms of use’, defines rules of Service’s functioning and using as well as rules of providing services, available in Service.
2) ‘Bluetone Acoustics’ Internet Service is available at Internet address: https://www.btacoustics.com/, running by Waldemar Chojnacki, sole proprietor doing business as JW Klima Service Waldemar Chojnacki, entered into Central Registration and Information on Business (CEIDG) directed by minister in charge of economy, NIP [taxpayer identification number] 9291100098, REGON no. [National Business Registry Number] 080442520. Company’s registered office address: ul. Szeroka 40, 66-615 Dąbie, Poland.
3) The aim of Service is admittance for Users to shared resources in Service and admittance to provided services in Server, especially an access to Internet Shop.
4) For using Service and sharing services within it is needed: a connection with Internet web, browser which allow to evoke and view WWW pages on computer screen or on other electronic devices, enabled cookies files acceptation and Java Scripts.
5) This Terms of Use is aimed at Consumers as well as Businessmen who use the Service.
6) Acceptation of Terms of Use is voluntary, but necessary in order to use the Service, especially in order to create an account and/or in order to make an Order in Shop and put a comment on the blog.
7) In Terms of Use were using notions mentioned below, which should be understand in a follow way:

a. Administrator – the owner of Bluetone Acoustics Service and Database – businessman Waldemar Chojnacki, sole proprietor doing business as JW Klima Service Waldemar Chojnacki, address: ul. Szeroka 40, 66-615 Dąbie, Poland, further called also as a Seller.
b. Blog – a part of the Service, in which Administrator put materials, which can be the aim of Users’ comments.
c. Client – an individual person, corporate entitle and Non corporate entitle, who special provisions admit legal capacity, who accomplish or want to accomplish the Orders in On-line Shop.
d. Consumer – an individual person who make a contract in terms of the Shop, whose aim is not directly connected with his business or professional activity.
e. Account – a space of the Service which includes Client’s data, which is available after registration.
f. Notification – electronic message send on User’s e-mail address, given in a process of form filling in the Service, which include a definite information.
g. Businessman – an individual person, corporate entitle and Non corporate entitle, who special provisions admit legal capacity, running a business in one’s own name, who use the Shop.
h. On-line shop – a service available in the Service, by means of which Client can make the shopping of certain products.
i. Internet website – main website https://www.btacoustics.com/ and it subpages;
j. Internet service – Service running by Administrator, in which Users by the Internet (by electronic way) can view resources of the Service and make use of services supplied in Service.
k. User – each person, who use Internet website anywise.
l. Order – declaration of Client’s intent, heading directly for make Sales contract.

8) Information about personal data protection using by Administrator are included in Privacy Policy and cookies, comprised the appendix no. 1 of Terms of Use.
9) Any laws to the Service as a whole belong to Administrator. However laws to particular elements of Service content e.g. texts, photos, graphics belong to Administrator or individual person or legal entities, whose materials are shared by the Service.
10) Using from materials available in Service is exclusively possible in the range of permitted use – according to rules of the Law of 4 February 1994 on copyright and related laws.

§2 CONTACT

Available means of User’s communication with Administrator/Seller are:

a) email – info@btacoustics.com,
b) Forwarding address – Waldemar Chojnacki, ul. Szeroka 40, 66-615 Dąbie, Poland
c) Telephone – +48 507-037-275.

§3 VIEWING OF SERVICE’S RESOURCES AND ADDING COMMENTS

1) Viewing of Bluetone Acoustics Internet Service’s resources is possible for all Users of Internet network, who visit the Service. It concern all materials placed in the Service, no matter if they were added by Administrator or by Users.
2) Blog is functioning in terms of Service, on which Administrator put materials. Users can comment contents placed on Blog. In this aim, formulation should be filled, which is placed under the material that User want to comment, obligatory input in proper fields: text of comment, your name and e-mail address and then click an option ‘publish a comment’.
3) Forbidden is putting in the Service contents conflicting with law or good manners by the User, including contents which infract personal interests of other people.
4) Unacceptable is putting in comments advertising contents, medium posing indirect advertising, referral to other internet websites; texts, graphics, photos etc. derived from third parties, which have a character of a piece within the meaning of the law of 4 February 1994 on copyright and related laws (Journal of Laws from 2006, No. 90, item 631 as amended), unless the publication will be placed in boundaries of the quote.
5) User who put a comment in the Service shall assume full responsibility for its content. Administrator doesn’t assume responsibility for publishing contents by Users in comments.
6) User can put materials in the Service, to which he has all necessary laws, including agreements required by law for diffusing this materials in the Service.
7) User who put materials in the Service entitle Administrator for unpaid using of materials put by User, without territorial and time limitations, in optional aim, in the range of exploitation fields which include: solidification and intensification in all techniques; public performance, imposition to receipt, lease, lending in all systems and channels of copies rotation; public performance, exposing, viewing, playing as well as broadcasting and reemission, and also public sharing of materials by User in that way, that everyone could have an access to them in place and time chosen by him.
8) User who put materials in the Service entitle Administrator to give an assent for using User’s materials put in the Service, also for other entities.
9) Administrator stipulate a right to moderate, including deleting comment added by Users, in the aim of spam excluding as well as unauthorized contents by the law or comments breaching provisions of this Terms of Use.

§4 USING OF THE SHOP

1) Individual service available in the Service is On-line Shop, in which Client can make shopping.
2) Via On-line Shop is conducting the sale of assortment in acoustical structures, needed for acoustic arrangement of rooms; on distance with the help of Internet network.
3) Information given on Shop’s internet websites, including information about presenting products, especially their descriptions, technical and using parameters as well as prices, comprising an invitation to make a contract, within the meaning of article no. 71 of Civil Code.
4) To make an order in On-line Shop, Client should have an activate Account. In this aim registration formulation should be filled by giving your e-mail address and password. Registered Client can delete an Account by sending e-mail message with proper assignment to Administrator for an address given in §2 of this Terms of Use.
5) If Client has already made a registration, in order to make shopping should log in on his Account, by giving e-mail and password set during registration.
6) Making an order takes place with the help of formulation, available on Shop’s website under the link https://www.btacoustics.com/products/, available after pressing the button ‘buy and pay’ next to a given product, or in overview of shopping basket, in which Client give following data:

a) Name and surname or company’s name
b) E-mail address
c) Telephone number
d) Contact details for posting

7) During making an Order in Shop, information about specificity of ordering product, product’s prize with cost of delivery, way and date of payment as well as way and date of fulfilling a provision by businessman are providing for Client. After reading of gathering information, determinate for given Order, viewing in the electronic form on the last stage of filling the order formulation, Client express a will of contractual link by pressing a button ‘PLACE ORDER’.
8) Shop can delay receiving an order in the situation of having reasonable doubts as to genuineness or honesty of Client’s given data in registration formulation. In this case, Shop will immediately contact with Client in order to explain of objective doubts.
9) In the case of unavailability of part of products including in order, Client is immediately informed about this fact. Client decides if the order should be partly realized or delayed completely.
10) At the moment of receiving Provision about accepting the Order to realization, between Client and Seller a contract of sale on distance is concluded.
11) Solidification, protection, sharing and confirming essential determinations of concluding sale contract to Client follow by sending e-mail message to Client with the confirm of Order making as well as by adding to the parcel including product a specification of order and fiscal proof of purchase.
12) Contracts concluded by On-line Shop are concluded in Polish language.

§5 PAYMENTS

1) Viewing of Service’s resources, adding comments on Blog and creating an Account in Service are costless. However purchasing of products in Shop is remitted.
2) All prices given on Shop’s websites are in Euro and they include VAT tax. The price showing in basket’s overview before making an Order include costs of parcel according with option chosen by Client.
3) Using the Shop, Client has a possibility of choosing a way of payment on the score of contract of scale among:

a) payment by bank transfer on Seller’s bank account,
b) payment via PayU online payment service
c) payment via Credit Card

4) Seller announce, that he issue VAT invoice on Client’s request.
5) Seller reserves a possibility of delaying the order in situation, when after 7 working days from a day of receiving the Notification about accepting the Order, Client does not make a payment. This situation does not concern freight forward and cash on delivery payments.

§6 DELIVERY

1) Ordering product is sending within 7 working days:

a) from posting the amount owing for a product in the case of choosing payment in advance,
b) from confirming of accepting the order to realize in the case of choosing cash on delivery or freight forward payments.

2) Client will be informed about product sending by e-mail. By choosing a courier parcel, Client will received the number of parcel by e-mail.
3) Product’s delivery is paid, unless sale contract provides otherwise. Costs of products’ delivery are pointed to Client on On-line Shop’s webpages in ‘Parcel’ select and during making the Order, and that also includes a moment of expressing a will of bounding a sale contract by Client. In the case of few elements ordering, information about delivery costs will be viewed by making the Order. Cost of offshore parcels is individually arrange with Client – depending of destination place of delivery. Self-pickup of the product by Client is free.
4) Client can use following methods of delivery or pickup of ordering product:

a) courier parcel

5) For time of waiting for parcel consist a time of order’s realization (completing products to order) plus predicted time of delivery (depends from a way and place of delivery).
6) Client on parcel’s offtake should check a completeness of parcel’s content, state of outside packing and state of ordering product in a presence of ferrymen or freight forwarding agent. If Client notice a damage, he should not receive a parcel, but open it at the presence of ferryman or freight forwarding agent. If product will be damaged, Client has a right to demand of drawing up a damage protocol. Then he should contact with On-line Shop.

§7 COMPLAINT

1) Each Client has a right to make a complaint. The complaint can be reported in writing by traditional post or by e-mail for Seller’s addresses given in this Terms of Use. If you make a complain, please give the following data: Client’s name and surname, address, data which allows for sale’s identification (e.g. login, number of order, date of transaction), aim and reason of complaint, contact details.
2) If you send a complaint you should precisely describe appearing product’s defects and Client’s requirement in relation of product’s defect.
3) Seller should take an attitude towards complaint requests immediately, and if Client is a Consumer – no later than within 14 days due time. If Consumer is a Client, and Seller does not take an attitude towards complaint request within 14 days due time, it is believed, that he recognize Client’s request as explaining.
4) Products sending back in terms of complaint procedure should be send on address: ul. Szeroka 40, 66-615 Dąbie, Poland
5) Seller respond for guarantee, if physic defect was stated before two year from a day of product’s delivery to Client.
6) In the case of Consumer, when a physic defect was stated before a year from a day of product’s release, it is supposed that defect or it reason existed in the moment of product’s release.
7) Information which concern Client’s right connected with complaint are included in norms of law of 23 April 1964 – Civil Code (article 556 and newer).

§8 TERMINATION FROM A CONTRACT

1) Client who is a Consumer within the meaning of Article 221 of Civil Code has a right to renounce a contract and to return of a product without giving a reason within 14 days from receiving a product by making a statement of termination from a contract. The example of statement poses an appendix no. 2 to this Terms of Use. Making a statement on formulation is not obligatory.
2) Statement can be send by traditional post or by e-mail on Seller’s address, given in §2 of this Terms of Use.
3) In the case of sending the statement via e-mail by Consumer, Seller immediately will send for Consumer’s given e-mail address a Confirmation of receiving a statement about termination from a contract.
4) Client, who use a right to termination from a contract, must send back a receiving product within 14 days from a day when he inform On-line Shop about termination from sale contract. Product which is sending back cannot have any traces of use or damage. Address to posting is determined in §2 of this Terms of Use.
5) In situation of exercising the right to termination from a sale contract, Client bears the costs of sending back a product.
6) After making a will statement of termination from a contract by Client, Seller will return
a prize of a product to Client as well as cost of its posting, incurring by the purchase to a rate which conform the cheapest option of posting, available in the giving offer within the term of 14 days but not earlier than receiving an item or receiving an evidence of its sending-back, depending on the fact which event occur earlier.
7) Seller will accomplish a return of payment by the same way of payment that Client used.
8) A right to termination from a contract, concluded aside from a company’s premises or on a distance, does not inhere Client with reference to the contract, in with an object of performance is a non-fabricated item, produced according to consumer’s specification or serving satisfaction of his individual needs.

§9 NON-JUDICIAL WAYS OF COMPLAINTS CONSIDERING AND PURSUING CLAIMS

1) Detailed information concerning a possibility of using by Consumer non-judicial ways of complaints considering and pursuing claims as well as rules to this procedures, are available in seats and on websites of district (urban) Consumer Advocates, social organizations to who statuary objectives belong a protection of consumers, Provincial Inspectorate of Trade Inspection as well as under following internet websites of Office for Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; http://www.uokik.gov.pl/wazne_adresy.php
2) Under the address http://ec.europa.eu/consumers/odr is available a platform of Internet system of settlement of disputes between consumers and businessmen at Union level (ODR platform). ODR platform comprises an interactive and multilingual internet website with a point of complex service for consumers and businessmen who pursue to non-judicial settlement of the dispute, which concerns contractual obligations result from internet sale contract or service contract.

§10 PROTECTION OF PERSONAL DATA

1) Giving personal data by User is voluntary but necessary in the aim of creating the Account, concluding a sale agreement or putting comments on Blog.
2) User, according to Personal Data Protection Act has a right to view his personal data, a possibility to their correcting and deleting. Personal data can be correct or delete after log in on the Account or in the case of non-registered Users, by sending an appropriate command to Administrator.
3) Detailed information in the range of personal data and privacy protection are included in tab ‘Privacy policy’ placed on Service’s website, posing appendix no. 1 to this Terms of Use.

§11 FINAL PROVISIONS

1) Service’s Terms of Use is available under the electronic address https://www.btacoustics.com/terms/
2) Administrator reserve a possibility of changes introducing to Terms of Use at each time.
3) In the case of making any changes in Terms of Use, Administrator will immediately inform Users about this fact by publication an unitary text of Terms of Use on Service’s website.
4) Terms of Use’s change becomes effective on the day of placing a new content of Terms of Use in Service. Terms of Use’s change remain immaterial for contracts concluded by User and Administrator before Terms of Use’s change.
5) To all matters not settled in the present Terms of Use, generally applicable norms of Polish Law have are applicable.
6) The present Terms of Use is obligated from the date 30.01.2017