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 Artur Chojnacki, sole proprietor doing business as Bluetone MEDIA, entered into Central Registration and Information on Business (CEIDG) directed by minister in charge of economy, NIP [taxpayer identification number] 9291709994, REGON no. [National Business Registry Number] 360025662. 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 Artur Chojnacki, sole proprietor doing business as Bluetone Media, 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.
Available means of User’s communication with Administrator/Seller are:
a) email – info@btacoustics.com,
b) Forwarding address – Bluetone Media, ul. Szeroka 40, 66-615 Dąbie, Poland
c) Telephone – +48 507-037-275.
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.
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.
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 shipping 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.
1) Prducts that have been paid for in accordance with the submitted offer will be delivered to the Customer within 5-10 business days.
2) Delivery is made through transport companies that provide transport services.
3) The products will be packed so that they cannot be damaged by normal handling during transport.
4) When taking over the product, the customer is obliged to check for any damage and immediately report it to the delivery worker who delivered the goods, or refuse to take delivery of a shipment with visible external damage. When taking over the goods, the customer is obliged to sign the delivery note or the delivery note, and the delivery service takes it as a confirmation of takeover.
5) When delivering the purchased product, the Customer receives an invoice and a confirmation of receipt of the shipment, which he is obliged to sign. With the signature on the confirmation of receipt of the shipment, it is considered that the product has been received without externally visible damage.
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).
Right to cancel
1) You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
2) To exercise the right to cancel, you must inform us (Bluetobne Media, Szeroka 40, 66-615 Dabie, Poland, info@btacoustics.com, Phone: 0048 507037275) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
3) To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
Effects of cancellation
1) If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
2) You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model cancellation form
(If you want to cancel the contract, please fill out the form below and send it back to us.)
— To Bluetone Media, Szeroka 40, 66-615 Dabie, Poland, info@btacoustics.com
— I / We(*) hereby give notice that I /We(*) cancel my/our (*) contract of sale of the following goods (*)/for the supply of the following service(*)
— Ordered on (*) / received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this for is notified on paper)
— Date
(*) Delete as appropriate
Return shipping labels
Without prejudice to your statutory rights, we will provide you with free return shipping labels. The return shipping label is included in your delivery. You can hand in the return at a parcel shop of the respective provider.
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.
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.
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