Terms and Conditions

The present Terms and Conditions set forth the principles of shopping at the Internet Store, maintained by Seller, under address www.smartear.eu.

The Seller is SMART GROUP with HQ in Poland, carrying on its activities under the sole proprietorship, entered in the Central Register and Information about Sole Trading under the statistical number (REGON): 142871880 and Tax Identification Number (NIP): PL5213219943, hereinafter called as “the Provider”.
The Provider can be contacted through e-mail address: info@smartear.eu or phone number +48 510 066 122

§ 1 Definitions

1. Terms and Conditions – these terms and conditions. In the scope of the services provided via electronic systems, Terms of Conditions are regulations referred to in Article 8 of the Polish Law of 18 July 2002 on provision of services by electronic means – Act on Electronic Services (Polish Journal of Laws 2002, no. 144, item 1204).
2. Client (Buyer) - A natural person aged 18 and above (or a natural person aged 13 (thirteen) with the consent of their parents or caretakers). Also a legal person or an organization without legal personality having legal capacity under a specific law that intends to commit or commits an order or uses other services available on the Internet Store (also: A Consumer)
3. Subject of the transaction - the goods listed and described on the Internet Store website smartear.eu. The Seller shall make every effort to make the offer presented on websites up-to-date.
4. Goods – a material thing (movable thing) covered by the contract of sale.
5. Ancillary Service – a service supplied to Client by the Provider done outside the Internet Store system in relation to the nature of Products on sale.
6. Products – Goods and Ancillary Services shown at the Internet Store.
7. Contract of Sale – the sale contract stipulated in the Civil Code concluded between the Provider and the Client, through the exclusive use of means of distance communication, such as the Internet or telephone.
8. Internet Store - the internet store operating at the web address: www.smartear.eu, through which the Client can buy given product.
9. Party – Provider and Client.
10. Shop's Website – Every page or subpage found at www.smartear.eu
11. Order – the declaration of will of the Client that leads directly to signing of a Contract of Sale, determining, in an unambiguous manner, the kind and number of Products.

§ 2 General principles

1. Prerequisites for placing an order with the Internet Store are to become familiar with these Terms and Conditions and to accept them fully during completing an Order.
2. The Internet Store www.smartear.eu engages in retail selling via the Internet.
3. All products offered by the www.smartear.eu shop are brand-new and free from any physical or legal faults and have been legally introduced to Polish and foreign market.

§ 3 Placing orders

1. Prices of all goods in the www.smartear.eu shop are given in PLN or EURO and include VAT (gross prices). The given prices do not include the shipment costs.
2. Orders can be placed online through our website, by telephone or by email.
3. Orders made through our website can be placed 24 hours a day, 7 days a week, 365 days a year. The orders through telephone or by email can be placed only on the days and during the hours specified on the website of Internet Store.
4. The purchase order is only effective if the Client properly completes the order form and correctly provides the contact details, including full delivery address, telephone number and e-mail address.
5. In case that the data is not complete, the Seller will contact the Client If the contact is impossible, the Seller is entitled to reject the purchase order.
6. The Client consents to issue and transmission of payment documents, such as: VAT invoices with attachments, correction VAT invoices with attachments and forms to the email address, specified by the Client. This acceptance also authorizes the Seller to issue, send and file VAT invoices in the electronic form, in accordance with Decree of the Ministry of Finance dated 17 December 2010 on electronic transmission of invoices, and on the rules of their storage and presentation to tax and fiscal authorities.
7. In the course of placing the Order, the Client may agree to store his personal data in the database of Internet Store in order to process it in connection with the realization of the order. In the event such consent has been given, the Buyer has the right to review its data, correct the data or require deletion of data from the database.
8. The Client may exercise the option to store the information in the system, in order to facilitate the process of placing the future Orders. For this purpose, the Client shall specify his login and password, neccessary for obtaining the access to his account. Client's login is his specified e-mail address. The password is a string of characters, determined by the Client. The Client's password isn't known to the Seller and the Client has the obligation to keep it secret and to protect it from unauthorized access of by third parties and other threats.
9. After the Client has submitted the effective Order, he will receive an autoresponse, confirming that the Order has been accepted.
10. The starting date of the execution of the Order is determined by the moment of registration of the payment to the bank account included in the order confirmation in case of payment by money transfer, or the moment of placing an order in case of credit card payment or when choosing “the cash upon delivery” option.

§ 4 Shipping costs and shipping date

1. Ordered goods are shipped to the address submitted in order form or via e-mail or phone. The Store informs the customer immediately if the incorrectly filled order form makes the shipment impossible or delays it.
2. Ordered goods are shipped via specialized courier companies or the Polish Post. In some cases there is also the possibility of personal receipt of ordered products in the Seller's company headquarters.
3. The consignment is delivered according to the date provided with every product offer on the pages of the website. It is indicative time of delivery and concerns “the cash upon delivery” option. By choosing the money transfer or credit card transaction, the time of recording the money on the account must be also included (usually 1-2 working days).
4. The Client is charged for delivery transport (shipment) defined in the price list. The price of delivery is dependent on the type of transport and payment method. The Client may find out about the price list by clicking on “Transport Price List” link.

§ 5 Payments

1. For every sold product we issue personal proof of purchase (invoice).
2. Payment for the order may be made by electronic payment system: money transfer to the Seller's bank account or “the cash upon delivery”.
3. For certain types of wares, the Seller reserves the right to make restrictions to the payment method by turning off some selected payment options on the website.

§ 6 Receipt of Goods

1. The goods are delivered on the territory of the Republic of Poland or any other country if possible to use Seller's delivery method.
2. Before accepting a shipment of mail or by courier, the Client is obliged to make sure the packaging has not been damaged in transit. Special attention should be paid to the state of seals (tapes) pasted on the package. If the packaging has signs of damage, or if the seals (tapes) are torn off, the Client shall refuse to collect the package and in the presence of the courier shall draw up a damage protocol and forthwith contact the Seller as soon as possible to resolve the matter. Lack of finding of irregularities concerning qualitative or quantitative condition of the shipment may negatively affect the outcome of settling of the Client's claims regarding loss of or robbery of or damage to the Goods during transportation.

§ 7 Withdrawal from the agreement

1. A consumer who has entered into a remote agreement, has the right to withdraw from the agreement without providing any reason, by making a suitable statement in writing. It is, however, limited in time and the consumer has only 14 days to do so (legal basis: Art. 7 paragraph 1 of the Act of 02.03.2000 about the protection of some consumer rights and liability for damage caused by dangerous product (Journal of Laws No. 184 item 1539, as amended). This deadline is final and is counted from the date of issue of things, and when the agreement covers the provision of services – from the date of its conclusion. To comply with this deadline, the Client must send a statement before its expiry.
2. The law specified in previous clause applies only to consumer sales, and hence only to case where goods are sold to an individual making the purchase, not in case of professional or commercial activity purchasing.
3. The Goods returned in this mode, will be accepted only if returned unchanged and complete, and all merchandize and accessories remain undamaged and must not carry signs of use, proving the usage for other purposes than just for examination.
4. In accordance with the Law, the refunds do not apply to service provision that started, with the consumer’s consent, prior to the lapse of the deadline as referred to in Article 7.1 of the audio and visual recordings and computer programs that are recorded on data carriers, after their original packaging have been removed by the Client, agreements concerning services, for which the price or remuneration depends only on price movement on financial market, the services specified by the Client in the order placed by the Client or strictly connected with the Client, the services which due to their nature can not be returned or whose subject is perishable, press delivery, activities such as gambling and betting services.
5. If the Client intends to exercise the right of withdrawal he shall send the Goods, unused and in perfect condition to the Client's cost to the Seller's address.
6. Such return parcels must be accompanied by a written statement of agreement cancellation and number of the account to be credited with the reimbursement.
7. Within two working days following receipt of Goods and written statement of agreement cancellation, the Internet Store will examine the received Goods. If the Goods meet the requirements specified in paragraph 7.3, the adjustment invoice shall be issued. The original invoice and the copy shall be sent to the Client by a priority letter. The Client is obliged to send a legibly signed copy of the adjustment invoice. After seven days from receiving it, the Internet Store will return the money on the Client's account.

§ 8 Complaint Procedure

1. All Goods are covered by the manufacturer, importer or Seller warranty applicable on Polish territory. The warranty period of every product can be found in the product description on the webpage. Detailed warranty conditions are specified in agreement that is created by guarantor. The majority of the products have guarantees conducted directly by the manufacturers' certified service stations. Precise addresses of the service stations are to be found on warranty cards that come with the products or on the manufacturers' webpages. The Client may also conduct complaint procedure under the guarantee, via the Seller.
2. Where the Seller issues guarantee, the product needs to be sent back at the Seller's expense, at the Seller's address.
3. The repaired or replaced product is sent back to the Client at the Seller's expense.
4. In case of the goods not being in conformity with the contract, the claimed goods, together with the note explaining the type of non-compliance as well as any expectations about how to fulfill the obligations should be returned at the Seller's expense (The legal basis – the Act of 27 July 2002 on the special terms and conditions of consumer sales and amendment of the Civil Code (Journal of Laws No. 141, item 1176 with later amendments) and the Act of 2 July 2000 on protection of certain rights of consumers and liability for damage made by a hazardous product (Journal of Laws of 2000 No. 22, item 271 with later amendments)).
5. The Client loses entitlements defined in the Act on the special terms and conditions of consumer sales and amendment of the Civil Code, if the Internet Store is not notified of the nonconformity of goods within two months. To maintain the 2-month period is enough to send the notice before its expiry. In case of transactions which are not a consumer sales contracts, the rules set out in Articles 556-576 of the Civil Code are excluded.

§ 9 Privacy policy and protection of personal data

1. The administrator of personal data provided by the Internet Store Clients in connection with purchases of Goods is the Seller.
2. The personal data is used exclusively for the execution of sale agreements, which means it may be supplied to entities responsible for delivery of purchased goods to the Client and – in case of hire-purchase installments – to companies providing loans. The Client has the right to access his or her data and correct them. The data is supplied voluntarily.

§ 10 Final provisions

1. In matters not covered by these Terms and Conditions, apply the provisions of the Civil Code and the Act of 2 March 2000 on protection of certain consumer rights and liability for damage caused by a hazardous product (Journal of Laws of 2000 No. 22, item 271, as amended), the Act of 27 July 2002 on specific conditions of consumer sales and on the amendment to the Civil Code (Journal of Laws of 2002 No. 141, item 1176, as amended), the Act of 23 April 1964 – Civil Code (Journal of Laws of 1964 No. 16, item 93, as amended).
2. The disputes arising from the application of these Terms and Conditions and performance of agreements entered into, shall be considered by the Court having jurisdiction under the provisions of the local and subject matter jurisdiction in accordance with the Act of 17. November 1964 – Civil Code (Journal of Laws No. 43, item 296, as amended).
3. The Seller reserves the right to amend these Terms and Conditions, provided that Contracts concluded prior to a change to the Rules shall be subject to the version of the Rules effective on the date of the contract by the Client.
4. Date of publication of these Terms and Conditions: 30/04/2019.