Terms of Use

 

I. General statements

1.These Terms of Use are in compliance with art. 8 ustawy z dnia 18 lipca 2003 r. on providing digital services (Dz. U. z 2002 r. Nr 144, poz. 1204 z późn. zm.). of polish parliament.

2. Terms of Use regulate the way of providing services, including sale through online shop Illuminate available at www.illuminate.pl

3. The owner and administrator of this online Store is Illuminate Urszula Rynkowska, Michał Rynkowski spółka cywilna, Ul. Warszawska 6a, lok 14-15, 15-063 Białystok,  written to CEIDG data base run by appropriate Minster of Economy. NIP 9662117668, REGON 369044419.

4. Users can contact the seller through:

  1.       Phone: 881 208 146
  2.       E-mail: kontakt@illuminate.pl
  3.       Post: Illuminate, ul. Warszawska 6a lok. 14-15, 15-063 Białystok
  4.       Address for making a complaint: as above.
  5.       Address for placing declaration of withdrawal from the order:  as above.
  6.       Address for returning our products: as above.

5. Before using our website please read these Terms of Use carefully.

6. Using of our services in any way means that the User has read Terms of Use, accepted them and agrees with its contents.

7. Rights and obligations of Users and the Seller are determined by these Terms of Use and applicable laws, in particular the law about liability for damages and about contracts of sales on territory of Republic of Poland. Above does not deprive the Consumer of rights granted by law that cannot be excluded though the contract under the law of state in which Consumer resides if the Sellers offers his services to this state.

8. These Terms of Use ensure Consumer rights granted by the law. In case of inconsistency between these Terms of Use and the law, the law is prioritized.

9. This website offers following services:

  •         Creating and administrating of User Account
  •         Processing of order
  •         Sending commercial information, promotional offers etc. through Newsletter after separate declaration.

10. Services listed at point 9 are free of charge.

11. Contract for providing digital services such as creating and managing your account is infinitive. It starts as soon as User Account is created.

12. Agreement for providing digital services necessary for placing orders in our shop is applicable only for the time of filling and processing the order.  Agreement ends when the order is accepted by our shop.

13. Contract for providing digital services through Newsletter is infinitive. Contract starts after separate agreement on receiving Newsletter on your e-mail address.

II. Definitions

  1.       Shop/Store – Sellers online shop Illuminate available at www.illuminate.pl
  2.       Seller/Services provider – Check point 3 of these Terms of Use
  3.       Terms of Use – This document with all attachments and additions which are integral part of Terms of Use
  4.       User – Anyone who uses this website in any way.
  5.       Buyer – A physical or legal person who uses our online shop.
  6.       Consumer/Customer - A person who is making legal action with the Seller, not connected to their main profession.
  7.       Business – A person or legal person who has business activity doing legal actions which are connected with their main profession.
  8.       Registration form – Standard Form allowing creation of User`s Account
  9.       User`s Account – A place in Seller`s server available to User after registration and logging where data about User`s activity and made orders are shown. User`s Account allows the Buyer to manage data and other elements used in our shop.
  10.    Order Form – Available in shop, A standard form that allows making an order.
  11.    Product – Thing available in shop which is subject of contract between Seller and Buyer
  12.    E-mail account  – Digital mail box which has individual email address, used to send and receive messages and other elements as a part of the e-mail service.
  13.    Newsletter – Service provided by Seller involving the distribution of commercial and advertising information to the given email address.
  14.    Proof of purchase – Check, bill, invoice.

III. Technical Requirements

To use our website you need to have a device connected to the internet,  E-mail box and Website Browser allowing displaying of web pages.( We recommend Internet Explorer 8, Google Chrome 10.0, Opera 10 or their newer versions with “cookies” enabled.)

More about “cookies” files and protection of your data can be found in our Privacy Policy.

IV. Registration

1.Registration of account is made after following instructions on our website.

2.By registering User`s account on our website  User declares:

  •         He has read the Terms of use and accepted them in full.
  •         He fulfills requirements necessary  to use our shop and website.

3. User is obliged to protect password to his account. User is obliged to make sure to not loose access password or to not share the password to the third parties. User is responsible for sharing account data with third parties.

4. User can delete his account anytime. Deleting an account means permanent and irreversible deletion of all User`s data from our system and terminating the contract for providing digital services  with instant effect.

5. Seller can delete User`s Account and terminate the contract for providing services in following cases :

  1.       User has violated rules of these Terms of Use, In particular he is using the website in a way contrary to its intended use
  2.       User has not accepted changes to the Terms of Use made by the Seller
  3.       User has not logged in to his account for the last 12 months since his last login
  4.       User doesn’t activate or verify his User`s account in time of 30 days.
  5.       User did not make or fulfill actions indicated by the Seller in given time after Seller blocked his account
  6.   Content or information provided by the User to Shop during registration or edition of User`s Account can be moderated by the Seller if they violate Terms of Use.

V. Orders

1.The store conducts commercial activities on the territory of Poland and countries belonging to the European Union.

2. Orders in Shop can be made by order form available at shop`s website.

3. Buyer is obliged to provide true and accurate data necessary to process his order.

4. Shop confirms accepting the order by e-mail or phone. Shop informs by email when the order is ready for pick up or when the order is sent.

5. The data on the Product Chart are valid for the Buyer and the Seller, especially : Price, specification of product, contents, date and method of delivery.

6. Accepted orders can by cancelled at the latest before the product is sent. Only Consumer has the right to cancel the order.

7. Average time needed for processing your order is 24h to 7 working days, starting from placing an order to sending the products.

8. Information shown in the Shop do not constitute an offer within the meaning of Kodeks Cywilny.      Advertisements, price lists and other information about our products available at our website, especially their prices, technical parameters, are an invitation to conclude an order in compliance with art. 71 ustawy z dnia 23 kwietnia 1964 r. Kodeks cywilny (Dz. U. Nr 16. Poz. 93 z późn. Zm.)

9. Sales agreement is made when :

  1.       Orders made with Order Form in shop – Buyer receives email from the Seller, accepting the order
  2.       Orders made through phone – Shop confirms accepting the order
  3.       Orders made through e-mail – Buyer receives e-mail message from the Seller accepting the order.

10. Order is processed after payment or after fulfilling requirements for chosen payment method.

11. Seller is obliged to inform the Buyer about the lack of ordered Products and extension of time needed to complete the order(up to 14 days), immediately or within 3 work days after the fact. Buyer in this case can agree to wait additional time needed or cancel the order.

12. In case of permanent lack of product, Seller will inform the Buyer immediately, up to 14 days,  and will return paid money.

VI. Payments

1.Listed prices in our Shop include VAT tax.

2.Proof of purchase is attached to every order.

3.Buyer making a purchase as Business for his economic activity declares that he is VAT payer and authorizes Seller  to issue a proof of purchase without recipient`s signature.

4.When placing an order Buyer has to choose a form of payment:

  1.       Cash on delivery
  2.       Money transfer to the Seller`s bank account
  3.       Payment with Polcard system
  4.       Payment with Paypal system

5. If Buyer chooses payment other than Cash on delivery, products will be sent upon receiving full price(including all extra costs like shipping etc.) on our bank account.

6.If Buyer chooses Money transfer or digital payment, he has 5 days to make the payment.

7. Buyer pays the fee for delivery of Products to provided address, which is specified in terms and delivery costs.

8.Detailed information about payment methods can be found on  Payment tab in our shop.

9. Sellers reserves the right to change prices of products, post new information about product, make and cancel promotional campaigns and make changes to them. Rights stated above do not apply on orders made before the changes occurred. Buyer will be informed about promotional campaigns and sale by the Seller. Promotions  do not merge unless the terms of the promotion say otherwise.

VII. Delivery

1. Products are delivered to the Buyers by Pocztex.

2. Buyer chooses delivery option when placing an order.

3.Delivery costs are generated from actual price lists. Buyer will be informed about delivery costs during order process.

4.Buyer pays for the delivery, unless stated otherwise. Current costs and conditions of delivery can be found on our website in Costs and delivery conditions Tab.

5. Buyer is obliged to pick-up ordered products.

VIII. Warranty for Physical and Legal defects

1.Products in our shop are free of physical and legal defects.

2. Seller is responsible for physical and legal defects under warranty in compliance with Ustawa z dnia 23 kwietnia 1964 r. – Kodeks cywilny (Dz. U. z 2014 poz. 121 ze zm.).

3. Risk for accidental damage or losing the product is transferred to the Buyer upon receiving the product. If Consumer selected carrier himself and the Seller did not have influence on it, risk stated above is transferred to the Buyer upon giving out the products to that carrier.

4.After receiving products, it is recommended to check state of delivered package in presence of the carrier, especially if the package is not damaged and complete. In case of any faults or damages to the package, it is recommended to file a damaged package report. Not filling a damaged package report by the Consumer does not exclude or suspend any rights for warranty claims, however it can complicate the warranty process.

5. Warranty claim can be made by informing the Seller about the physical or legal damage of the product.

6.Consumer loses rights for warranty if he did not inform the Seller about the damage after 2 years since receiving the product.

7. Warranty can be placed by filling a form available at our website with the help of e-mail or hand-written letter and sending to the addresses listed at point 4 chapter 1 of Terms of Use

8.It is recommended to attach proof of purchase to the product, however not including proof of purchase does not hold warranty process.

9. If product has defects, Consumer can choose following options :

  1.       Request replacing the product
  2.       Fixing the defects
  3.       Request  price reduction
  4.       Withdraw from the sale contract

10. Consumer cannot request price reduction or withdraw from sale contract if Seller replaces product with new one free of defects or fixes the defects. This does not apply if the product has already been replaced or fixed by the Seller or if Seller did not replace/fix the product.

11. Consumer can request new product instead of fixing the previous one. He can also request repairing the product instead of replacing it with the new one. This does not apply if repairing the product is not possible or too expensive compared to option offered by the Seller.

12.Consumer cannot withdraw from sale contract if the defect is irrelevant.

13.Seller can deny replacing the product or repairing the product if selected option is impossible or too expensive compared to the second option available to the Buyer.

14. If Buyer requests replacing of the product in compliance with warranty for physical and legal defects or withdraws from sale contract the delivery of warranted product lies on Consumer, however the Seller covers the costs of delivery. Returned product should be sent to the appropriate address listed at point 4 Chapter 1 of Terms of Use.

15. Seller will consider warranty claim immediately, no longer than 14 days since placing the warranty claim.

16. Answer for warranty claim will be sent at the Buyers choice by :

  1.       Written letter to the address provided by the Buyer
  2.       E-mail message to the e-mail address provided by the Buyer
  3.       Phone

IX. Complaints for other shopping services and alternative methods of dispute disposal

1.User can submit a complaint if the services offered In Terms of Use  are not provided by the Seller or violate Terms of Use.

2. Complaints about services of the shop should include:

  1.       User`s identity data
  2.       Subject of complaint and time frame of the complaint
  3.       Circumstances justifying the complaint
  4.       User`s signature if the complaint was placed in text form.

3. If the complaint does not fulfill formal conditions stated above, Seller can choose to leave a complaint without recognition or ask User to correct it in 7 days at the latest. In case of not correcting the complaint within given time, the complaint will be left without recognition.

4.Seller can leave complaint without recognition if :

  1.       Complaint concerns issue explained by Terms of Use and applicable attachments. In this case User will be sent to Terms of Use.
  2.       Complaint is about issue already answered in earlier complaints sent by the User. In this case User will be sent to that answer.
  3.       Complaint is from third party, who is not authorized to file complaints.
  4.       Complaint placed later than 30 days since cause of complaint occurred.

5. Seller will inform the Buyer if sent complaint will be left without recognition immediately.

6.Complaints sent to Shop concerning services provided by third parties in our Shop will be sent to the according third party who is responsible for resolving the complaint.

7.Seller will resolve the complaint immediately, not longer than 14 day since making a complaint.

8.Answer to the complaint will be provided at its own discretion by :

  1.       Written letter to the address provided by person who submitted complaint
  2.       Email to the email address provided by person who submitted complaint
  3.       Phone

9. Consumer can also use alternative methods of solving disputes and claim enforcement which are :

  1.       Contacting Consumer Court operating at Trade inspection with a request to settle the dispute.
  2.       Contacting Wojewódzki Inspektor Inspekcji Handlowej with a request to settle the dispute.
  3.       Using free legal help of consumer advocate or social organization, which tasks include consumer protection(inc. Federacja konsumentów, Stowarzyszenie konsumentów Polskich)

10. Additional information about using alternative methods of settling disputes, including negotiations can be found at :

 ·  https://uokik.gov.pl/spory_konsumenckie.php;

 ·  https://uokik.gov.pl/wazne_adresy.php#faq595,

 

X. Right to withdraw from sale agreement

1.Consumer can withdraw from contract made on distance without stating the cause of withdrawal by sending appropriate declaration in 14 days .

2. Deadline to withdraw from the contract stated above starts:

  1.       For contract where business gives out the product while being obliged to transfer its rights – When Consumer or authorized person other than carrier receives the product.
  2.       For other contracts – since the date of signing sale agreement

3. Withdrawal from agreement can be made by sending declaration of withdrawal from sale agreement, to the Seller. To keep the deadline, declaration must be sent within 14 day’s time which is stated at point 1 above.

4. Declaration on withdrawal from the contract can be sent through one of ways stated in point 4 Chapter 1 of Terms of Use or by using our online form available at www.illuminate.pl

5.Buyer can use standard form of declaration on withdrawal from sale which is attachment 1 to this Terms of Use, however it is not required.

6. Product bought by the Consumer must be in perfect condition, except the necessary to determinate the nature, features and functions of the product. Returned product should be packaged appropriately to ensure its safety during transport. Delivery costs of returning the product are covered by the Buyer.

7.Consumer is responsible for any damages, defects that lower value of the product, which are effect of using the product the way it was not needed to determine the nature, features and functions of the product.

8. Consumer is obliged to return the product immediately, not later than 14 days since withdrawal from sale agreement. To keep required deadline, send back the product within 14 days.

9. When Consumer withdraws from sale, any payments made by the Consumer will be returned immediately, not longer than 14 days since receiving appropriate declaration by the Seller. The payment will be returned the same way it was paid, unless Consumer clearly agrees to other method of returning the payment. In any case Consumer does not pay the fee for returning the payment. Seller can hold return of payment until returned product is received or receiving proof of sending the product, whichever comes first.

10. Delivery costs are subject to refund only up to the cost of cheapest delivery method offered by the Seller.

11. Right to withdraw from sale does not apply if:

A ) Product due to its nature is inseparably connected

12. Returned products should be sent to :

Illuminate

Warszawska 6a lok. 14-15

15-063 Białystok

XI. Business as Buyer

1.If Buyer is Business, the right to withdraw from sale does not apply.

2. If Buyer is Business, the parties exclude responsibility of Seller coming from Warranty for physical and legal defects.

XII. Social Plugins

1.Following social plugins are used in our shop :

  1.       Facebook.com operated by Facebook inc.,1601 S. California Ave, Palo Alto, CA 94304, USA
  2.       Instagram.com operated by Instagram inc,. 181 South Park Street, Suite 2, San Francisco, CA 94107, USA.

2.Social plugins are used to promote our Shop.

3. Any logos, markings identifying above entities, including plugins, are or can be subject of legal protection.

4.Social plugins are offered by above entities and send data to these entities. Detailed information about used data can be found at their websites :

A) Facebook: https://www.facebook.com/about/privacy/,

B) Instagram https://instagram.com/about/legal/privacy/.

XIII. Reservations, assurance and responsibility

1.For the good of our Users and  to ensure highest quality of Store it is forbidden to use the Store, any of its functions or any services in way contrary to its character, purpose and subject of the Store, especially taking actions which violate the law, these Terms of Use or good manners.

2.Seller will try his hardest to ensure that Store and all provided services work continuously without interruptions, however Seller cannot be held responsible for interruptions caused by higher power or unauthorized interference by user or third parties for which Seller is not responsible. Seller guarantees availability of Store at least 90% of time in yearly measure.

3. Seller reserves the right to make any precautions necessary to ensure that Store is operating properly, including protection against actions of Users that violate Terms of Use or rules related to Store.

4. Seller reserves the right to anonymously publicize content, such as hints or advices sent to Store staff by Users related to functioning of the Store.

5.Sellers reserves the right to gain benefits of adverts placed in the Shop, which Users accept upon entering the Store.

XIV. Intellectual Property

1.All intellectual property rights to Store, especially text content, titles, pictures, photographs graphic logo, signs or markings, sound effects, information, functions and services available in Store belong only to Seller or his partners, who provided certain materials to the Seller for use. Using our Store based on Terms of Use does not give User any rights to intellectual property listed above.

2.Copying, duplicating or any other use of our intellectual property, in parts or in full, is forbidden. This does not apply to temporary automatic file caching which is effect of normal usage of the Store according to Terms of Use.

XV. Changes to Terms of Use

1.Changes to Terms of Use are made only for important reasons. Users will be notified about the change in Terms of Use and will be given choice to accept it or stop using our services.

2.Seller will post changes made to Terms of Use on Shop`s website. Information about the changes will be posted not later than 14 days before making appropriate changes.

3.Changes to Terms of Use do not have effect on orders made before the change.

4. Organizing promotions, sales or additional services does not require changes in Terms of Use. Detailed information about promotions, sales and additional services will be added as attachments to these Terms of Use.

XVI. Final statements

1.Contents of Terms of Use is available to every User free of charge and can be printed, saved or downloaded from our website any time.

2. Invalidity of one of the statements written in these Terms of Use, confirmed by a competent court, does not invalidate rest of the Terms of Use.

3. In cases not included in these Terms of Use, rule of polish law applies, unless legal law in User`s country is clearly different.

4.All disputes concerning functioning of the Store or provided services will be settled by competent polish courts. Alternative methods of settling disputes are written in chapter IX of Terms of Use.

5. All suggestions, opinions and questions Users  can send to the appropriate address written in point 4 chapter I of Terms of Use.

 

 

 

 

 

 

 

 

 

We kindly inform that for convenience of your shopping in our store, the entity that owns and administrates the Illuminate.pl online store has changed to Illuminate Urszula Rynkowska, Michał Rynkowski spółka cywilna.

Starting from 01.01.2018, Illuminate Urszula Rynkowska, Michał Rynkowski spółka cywilna is administrator and manager of Customer`s personal data.

Above changes does not have any effect on functioning of the Store and serve to increase satisfaction from shopping of our customers.