Terms and Conditions

Regulations of the spokey.pl online shop

Spokey spółka z ograniczoną odpowiedzialnością with its registered office in Katowice (postal code 40-203) at al. Roździeńskiego 188C, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000142316, for which the registration files are kept by the District Court Katowice-Wschód in Katowice, with a share capital of 3,600,000.00 PLN, entered into the 8th Division of the National Court Register, using the NIP tax number 731-11-59-686 and the REGON statistical number 471323630, with the e-mail address: sklep@spokey.pl, telephone number: +48 32 317 20 62, hereinafter referred to as the Seller, shall hereby make the Website available in the form of the SPOKEY ONLINE SHOP, hereinafter referred to as the Shop, which operates and is maintained at http://spokey.pl under the conditions specified in these Regulations.

 

I

 General provisions and basic information about the shop.

  1. Users of the Website (Customers) may contact the Seller through the Website, using the contact form available at https://spokey.pl/kontakt/, or by sending enquiries to sklep@spokey.pl or using the contact telephone number: +48 32 317 20 62.
  2. Users of the Website may, under the terms of these Regulations or generally applicable law, by using means of distance communication, purchase, with the obligation to pay, Goods available in the Shop, as well as use the Shop and all functionalities made available through it.
  3. Before making purchases, Customers should get acquainted with the principles of operation of the Shop as set out in these Regulations and the Privacy Policy.
  4. It shall be assumed that the Shop is available to Customers 7 days a week and 24 hours a day, however, due to technical limitations, the Seller does not guarantee constant or uninterrupted availability of Shop's website.
  5. The shop makes deliveries exclusively at the territory of Poland.
  6. The Customer may at any time download the current version of the Regulations from https://spokey.pl/regulamin.

II

  Information on goods and prices.

  1. The Seller assures that basic information on the Goods, required by law, is provided in the Polish language, on the card of a given product.
  2. Users of the Website may, under the terms of these Regulations or generally applicable law, by using means of distance communication, purchase, with the obligation to pay, Goods available in the Shop, as well as use the Shop and all functionalities made available through it.
  3. The prices of the Goods included in the description of the Goods are gross prices (including VAT at the applicable rate).
  4. The general costs of delivery of the Goods in Poland, according to carrier's price list (delivery costs are not included in the price of the Goods), are given separately in the “Terms of delivery” tab. The cost of delivery includes the price of delivery of the Goods and the fee related to the method of payment chosen by the Customer. The costs related to the marked method of payment correspond to the fee incurred by the Shop in relation to the method of payment chosen by the Customer.

III

 Orders and documents confirming sales

  1. A Customer of the Shop may be: a natural person with full legal capacity, and a person with limited legal capacity - under the conditions specified in the Civil Code, a legal person or an entity without legal personality, to which the relevant provisions of law grant legal capacity.
  2. The seller excludes the possibility of placing an order over the phone. Orders may be placed via Shop's website after the Customer registered in the Website has logged in and without the need to register an account in the Website.
  3. The Goods Sales Agreement shall be concluded in Polish, following the placing of an order for Goods available in the Store by the Customer (by clicking the "I order with obligation to pay" button). Clicking this button confirms that the Customer accepted Seller's offer, got acquainted with the main elements of the sales contract and understood and accepted their content.
  4. If the Customer chooses the online payment method (by fast electronic transfer) and fails to make the payment in accordance with the Regulations of the website executing these payments (PayU), available at https://poland.payu.com/wp-content/uploads/sites/14/2020/10/TC_of_the_PayU_System_pl_oct20.pdf, the concluded sales contract expires.
  5. When placing an order without logging in or registering in the Website, the Customer should indicate all the data required for the proper execution of the order. The Customer shall be responsible for indicating incorrect data, in particular the delivery address of the Goods.
  6. After the successful completion of the order placement procedure the Customer will receive a confirmation of the order placement and order data to the e-mail address provided. The Seller shall confirm the essential terms and conditions of the contract, the right and conditions of withdrawal from the contract in the case of sale to
    a consumer and shall inform about the status of the order being placed.
  7. The shop provides the customer with a document confirming the sale - a personal invoice (unless the customer requests a VAT invoice) in electronic form to the e-mail address provided, when placing the order.
  8. We reserve the right to limit the possibility of purchasing discounted/promotional goods per one person/business entity. The number of items per person/entity must not exceed 10 items.
  9. The goods remain reserved until the payment of the order is made for 5 days from the date of its commencement.

IV

 Delivery of the purchased goods

  1. Delivery of the Goods is made to the address at the territory of Poland, indicated in Customer's order, through General Logistics Systems Poland Sp. z o.o. (hereinafter referred to as GLS or "courier") based in Komorniki or by InPost S.A. based in Kraków. The Customer agrees to make available to the courier, which the Seller shall use for delivery of the Goods intended for the Customer, the contact details of the Customer, including the e-mail address and contact telephone number of the Customer in order to facilitate the process of effective delivery of the parcel containing the Goods purchased by the Customer in the Shop.
  2. The delivery period of the Goods consists of the time of order execution (completing and packing the Goods, making payment, issuing a document confirming the sale, courier's order) and the time of delivery by courier. The period of delivery of the Goods amounts in total to 10 working days counted from the day following the day of placing the order (for orders paid on delivery) or from the day of posting Customer's payment on Seller's account (for orders paid via on-line payment), where the Seller makes every effort to ensure that the Goods ordered by the Customer are delivered within 2 working days from - respectively - the day of placing the order/the day of payment, as specified above.
  3. If the Goods cannot be delivered within the time specified above, the Seller shall immediately, however not later than within 10 days from conclusion of the agreement, notify the Customer of the obstacles and agree with them on the further procedure (new delivery date or termination/change of the agreement).
  4. Delivery shall take place on working days from Monday to Friday. Detailed conditions of delivery by courier are available on the website: https://gls-group.eu/PL/pl/doreczenie or https://inpost.pl/pomoc?fulltext=paczkomat. It is not possible for the customer to order the delivery on a given day or time.
  5. The Seller shall deliver the purchased Goods to the Customer in the condition free from defects. In the case of suspicion of damage to the Goods in transport, the Customer should check the goods in the presence of the courier and, in the case of finding the damage, write down an appropriate damage protocol (mark the found damage in the consignment note) and notify the Seller of the above. In the case of ascertaining the damage in transport already after collecting the goods from the carrier the Customer should notify the Seller or the carrier immediately, not later than within 7 days from the receipt of the goods, in order to determine the condition of the consignment in a protocol. The aforesaid behavior of the Customer shall facilitate the complaint procedure concerning the delivery of the damaged Goods.
  6. The cost of delivery depends on the size. Delivery cost: GLS - 10 PLN, InPost Packomaty - 12 PLN, GLS cash on delivery - 15 PLN, personal collection at company's headquarters - free of charge. For orders over 100 PLN the delivery is free of charge.  

V

 Methods of payment and reimbursement

  1. The Customer may pay for the ordered Goods in the following manner:
    a/ using online payment - via the PayU service, using the "fast transfer" service offered by individual banks.
    b/ BLIK payments, payment card, electronic transfer through an external payment system operated by ING Bank Śląski S.A. based in Katowice.
    c/ choosing the option of shipment of Goods on the cash on delivery basis - by paying in cash to the courier/other agreed carrier during delivery.
  2. The customer chooses one specific form of payment for the whole order when placing the order.
  3. Depending on the choice of payment method made by the Customer:
    a/ when choosing online payment (quick transfer), the amount due for the Goods is collected as a prepayment, which means that the Goods will be sent after booking the payment on Seller's bank account. The time of payment must not exceed 3 working days, in case of lack of payment within this period, the order shall be cancelled,
    b/ when choosing cash on delivery (cash on delivery), the payment for the Goods is collected at the moment of delivery of the Goods.
  4. In case when the Customer has not made payment and collection of the Goods paid on delivery, the contract shall be terminated within 3 days from the date of receipt by the Seller of the uncollected delivery - unless within this time the Customer contacts the Seller and agrees on the conditions of re-delivery and the delivery is realized. In case of re-delivery of the Goods the Customer shall pay for the delivery in the amount and according to the rules specified, when placing the order. The Seller may, according to the rules specified in the Civil Code, claim from the Customer to repair the damage related to improper performance of the sales contract.
  5. If the Customer did not collect the Goods for which they had previously paid, the Goods are sent back to the Seller. The Customer has a possibility to order resending of the Goods. In case the Customer does not declare the will to be resent the Goods, the Sales Agreement shall be terminated within 10 days from the date of receipt of the Goods by the Seller. The Seller may, according to the rules specified in the Civil Code, claim from the Customer to repair the damage related to improper performance of the sales contract.
  6. The "fast electronic transfer" service is provided by PayU S.A. with its registered office in Poznań (postal code: 60-166), at ul. Grunwaldzka 186.
  7. Detailed terms and conditions of online payment processing via the PayU website are available at https://poland.payu.com/wp-content/uploads/sites/14/2020/10/TC_of_the_PayU_System_pl_oct20.pdf. The customer should read these conditions.

VI

 Consumers’ right to withdraw from the contract

  1. The Buyer shall have the right to withdraw from the concluded agreement in a written form without giving any reason within fourteen days from the date of conclusion of the agreement on the basis of the Act of May 30, 2014. (Journal of Laws 2014, item 827 as amended) In the case of a written withdrawal from the contract the Customer shall be obliged to return the goods within fourteen days. The deadline has been extended to thirty days from the date of conclusion of the agreement.
  2. In order to meet the deadline for withdrawal from the contract it is sufficient to send
    a statement before its expiry or a statement with the Goods to the address of the Seller. The Seller shall provide the possibility of submitting the statement on withdrawal from the contract by electronic means via e-mail or website. If the consumer submits the statement by electronic means, the Seller shall immediately confirm receipt of the statement of withdrawal from the contract on a durable medium as defined in the Article 2 item 4 of the Act of May 30, 2014 on Consumer Rights.
  3. When withdrawing from the contract, the Customer may use the form the template of which can be found at http://bit.ly/ZwrotSpokey and which constitutes the Appendix 1 to these Regulations.
  4. Lodging the sole declaration without returning the Goods at the same time shall entail the obligation to return the Goods immediately, no later than within 14 days from the day on which the consumer withdrew from the contract. The deadline has been extended to 30 days from the date of conclusion of the contract.
  5. The price paid by the Customer for the Goods together with the costs of delivery of
    a parcel to the Customer (costs incurred by the Customer, and if they have chosen
    a method of delivery of the goods other than the cheapest usual method offered by the Seller, with the costs of the usual cheapest method of delivery offered by the Seller), shall be returned to the Customer immediately after they withdraw from the contract, but no later than within 14 days. The Seller may withhold reimbursement of payments received from the consumer until the moment of receipt of returned Goods or delivery by the consumer of proof of sending back the Goods, depending on which of the events occurs earlier.
  6. The return of the Goods as a result of the exercise of the right of withdrawal by the consumer shall be made at the expense of the Customer and the consumer who decides to exercise the right of withdrawal must be aware of the obligation to bear this cost.
  7. The Customer shall be liable for any reduction in the value of the returned Goods resulting from their use in a manner exceeding the means necessary to determine nature, characteristics and functioning of the Goods.
  8. Customers who are not consumers shall not be entitled to withdraw as set out in this section.

VII

Procedure for complaint about defective Goods

  1. Goods sold in the Shop are covered by manufacturer's warranty. The Customer, if
    a physical defect is found in the Goods within 2 years from delivery, shall be entitled to warranty claims. The Goods free from causes of later defects, including in particular Goods damaged by the Customer, damaged in connection with improper use or installation inconsistent with the recommendation of the Seller, improper maintenance or improper environment of use, shall not be subject to complaint. Information concerning the Goods and manner of use, assembly, maintenance or environment of use shall be attached to the Goods and the Customer shall be obliged to get acquainted with them and check the completeness of the equipment before assembly and start-up. In case of doubts concerning the method of assembly, use or maintenance of the Goods the Customer should contact the Seller in order to clarify the doubts.
  2. Each Customer of the Shop should examine the item purchased in the Shop in the manner adopted for items of this type. A customer who is an entrepreneur shall lose their warranty rights if they have not inspected the item in time and in the manner adopted for items of this type and have not immediately notified the Shop of the defect, or, when the defect came to light later, if they did not notify the Shop immediately after it was found. In order to meet the above deadline it is sufficient to send notification of the defect before its expiry.
  3. Defects disclosed during the warranty period shall be removed by the Seller in the manner and on the principles regulated by the provisions of the Civil Code, subject to the provisions of the Regulations.
  4. The shop will respond to the claims made by the Customer within 14 days.
  5. Replacement or repair of a defective item is done at the expense and risk of the Seller, with the reservation that when the cost of disassembly and reassembly exceeds the price of the item, the Shop may refuse to disassemble and reassemble it. If the Customer is a Consumer, the Shop shall be liable for the cost of disassembly the defective item and reassembling the item free from defects within the limits - up to the price of the item sold. The Shop shall be charged with the customary cost of delivering the defective item to Seller's address.
  6. A customer exercising warranty rights should notify the Seller of the defect (complaint). Together with the complaint, subject to paragraphs 7 and 8 below, the Customer shall be obliged to present the goods complained about. The Shop makes available in the Website a complaint form which can be used by the Customer to make a complaint. The complaint should indicate the circumstances relevant in terms of considering the complaint. The complaint should be accompanied by evidence confirming that the complaint concerns an item purchased in the Shop at a specified time.
  7. In order to facilitate the complaint process the Customer may, prior to sending the defective Goods to the address indicated above, send by e-mail, via the form made available on the website, a complaint report together with photo(s) of the Goods complained about confirming the existence of the defect and a document confirming the moment of purchase of the Goods in the Shop.
  8. A complaint shall be deemed to have been lodged upon delivery of the defective goods to the Seller, unless in a given case the Shop releases the Customer from the obligation to present the defective goods. After sending the complaint by using the form provided, the Customer will receive a confirmation of receipt of the defect notice from the Shop. The confirmation may contain individual instructions leading to simplification or shortening of the complaint procedure. If the confirmation does not contain any instructions derogating from the rules specified in the provisions of these regulations, the Customer should immediately send the Goods complained about together with the complaint to the address of Seller's registered office.
  9. If the goods offered in the Shop are covered by Manufacturer's or Seller's warranty, the description of such Goods includes clear information on this subject. In such
    a case the Goods shall be accompanied by a guarantee statement of the guarantor (guarantee document), specifying the rights that are related to the granted guarantee and the principles of warranty claims execution. Exercising rights under warranty shall be performed regardless of possible rights resulting from the warranty, when it is granted.

VIII

 Technical requirements, functionality of Shop's services

  1. In order to use the Shop correctly it is necessary to have an Internet connection, have an e-mail account, enable JavaScript and use the following web browser: Internet Explorer version 7.x or newer, Opera version 9.x or newer, Firefox version 2.x or newer or Chrome version 1.x or newer (recommended Chrome and Firefox). Your browser should support "cookies" technology;
  2. The Customer may report reservations to the Seller at the e-mail address sklep@spokey.pl in the scope of irregularities, faults or interruptions in the operation of the Shop, indicating these irregularities and their date. Customer reports shall be aimed at improvement of the operation of the Shop. The Seller shall make every effort to consider the report in this respect within a period not longer than 30 days.
  3. The Seller assures that they strive to ensure fully correct operation of the Shop within the scope resulting from the current technical knowledge and undertakes to remove significant irregularities reported by the Customers within a reasonable time.
  4. In case of payment for the Goods (by means of on-line payment) and no change in the status of the order for more than two working days the Customer should report
    a complaint concerning the payment, which should be sent to sklep@spokey.pl, indicating the nature of the irregularities and Customer's data.

IX

 Registration on the Website

  1. Registration on the Website shall take place by filling in the form called "Registration on the Website". Registration on the Website requires providing the data necessary in the registration form to set up, maintain and use Shop's user account and to process and handle orders being placed. In order to register effectively the account must be activated. The customer shall be informed about the registration procedure during account registration.
  2. Additionally, the Customer may agree to the processing of personal data for marketing purposes or to receive commercial or marketing information by electronic means or other telecommunication devices. The consent in this respect may be revoked at any time.
  3. The Customer may at any time delete their account or demand its removal by the Seller.
  4. The customer should keep the login and password to the account secret and not share it with others.
  5. The Seller may delete Customer's account in the following situations:
    a/ when the Customer violates these Regulations,
    b/ when the Customer provided false data during registration,
    c/ when the Customer provided false data, when placing an order,
    e/ when the Customer provided false data, when making payment for the order via PayU.
  6. The following shall be deemed to be false data concerning the address of residence (registered office) or delivery address:
    a/ once unsuccessful delivery of any consignment to the indicated address and return of the consignment with the annotation "addressee unknown", "addressee has moved out" or other equivalent,     
    b/ twice unsuccessful delivery of any consignment to the indicated address and return of the consignment with annotation other than specified in point a) above.
  7. In case of account deletion all placed orders shall be immediately cancelled, which does not exclude the right of the Seller to claim damages from the Customer.
  8. In order to use the Shop correctly it is necessary to have an Internet connection, have an e-mail account, enable JavaScript and use the following web browser: Internet Explorer version 7.x or newer, Opera version 9.x or newer, Firefox version 2.x or newer or Chrome version 1.x or newer (Chrome and Firefox are recommended). Your browser should support "cookies" technology;
  9. The Customer may report reservations to the Seller at the e-mail address sklep@spokey.pl in the scope of irregularities, faults or interruptions of operation of the Shop, indicating these irregularities and their date. Customer reports shall be aimed at improvement of the operation of the Shop. The Seller shall make every effort to consider the report in this respect within a period not longer than 30 days.
  10. The Seller assures that they strive to ensure fully correct operation of the Shop within the scope resulting from the current technical knowledge and undertakes to remove significant irregularities reported by the Customers within a reasonable time.
  11. In case of payment for the Goods (by means of on-line payment) and no change in the status of the order for more than two working days the Customer should report
    a complaint concerning the payment, which should be sent to sklep@spokey.pl, indicating the nature of the irregularities and Customer's data.

X

 Final provisions

  1. Before registering on the Website or placing an order the Customer shall be obliged to read the provisions of these Regulations and the Privacy Policy available on the Website. In the event of difficulties in understanding any provision the Customer should contact the Seller in order to remove any doubts as to the meaning of
    a particular provision.
  2. The Customer should use the Shop in a manner consistent with the laws in force in Poland, the provisions of the Regulations, as well as with the customs adopted in this respect. The Customer must not provide the Seller via the Website with content prohibited by the provisions of applicable law or infringing the rights or personal rights of third parties.
  3. To the extent not regulated by the provisions of the Regulations and the Privacy Policy, sales contracts concluded through the Shop and other legal relations shall be governed by the relevant provisions of Polish law, including in particular the Civil Code and other relevant provisions of law.
  4. In case of a dispute between the Customer and the Seller in relation to the application of these Regulations or exercising rights or obligations resulting from the sales agreement concluded through the Website the Seller and the Customer shall cooperate in order to settle the dispute amicably. In case of failure to reach an agreement within 30 days the parties shall submit the dispute to the competent common court. With regard to sales to the entrepreneur and in connection with their business activity, the competent court for settling disputes shall be the court of competent jurisdiction for the Seller.
  5. If a particular provision of the Regulations is invalid, the remaining provisions shall remain in force. If any provision of the Regulations establishes conditions less favourable for the Customer who is a consumer than the relevant mandatory provisions of law, they may invoke the mandatory provisions of law with respect to the Seller.
  6. Registered Customers will be notified of changes to the regulations and their scope by e-mail (to the e-mail address provided upon registration or order).
  7. The current version of the regulations shall always be available to the Customer in the "Regulations" tab. In the course of order processing and during the whole period of after-sales care of the Customer the regulations accepted when placing an order shall apply, except for the situation when the Customer considers it less favourable than the current one and informs the Seller about the choice of the current version.

 

Information on waste electrical and electronic equipment

 

  1. Waste electrical and electronic equipment (hereinafter: waste equipment) should not be placed together with other waste.
  2. A holder of waste equipment from households shall be obliged to hand it over to a waste equipment collector or an entity authorised to collect waste equipment.
  3. The Seller shall be obliged to take back used equipment from households at the point of sale free of charge, provided that the used equipment is of the same type and performed the same functions as the sold equipment. The Seller accepts used equipment at the address:

 

Information on waste electrical and electronic equipment

 

  1. Waste electrical and electronic equipment (hereinafter: waste equipment) should not be placed together with other waste.
  2. A holder of waste equipment from households shall be obliged to hand it over to a waste equipment collector or an entity authorised to collect waste equipment.
  3. The Seller shall be obliged to take back used equipment from households at the point of sale free of charge, provided that the used equipment is of the same type and performed the same functions as the sold equipment. The Seller accepts used equipment at the address:

 

Warehouse, maintenance: PrologisPark Chorzów Hala DC4, ul. Niedźwiedziniec 10, 41-506 Chorzów 

 

The Seller, when providing the Customer with equipment intended for households, shall be obliged to collect used equipment from households free of charge at the place of delivery of such equipment, provided that the used equipment is of the same type and performed the same functions as the supplied equipment. Please report your wish to hand over used equipment in the above mentioned case to the Seller in the following manner: by e-mail to reklamacje@spokey.pl or by telephone at +48 32 317 20 62.

 

I consent to the  collection and processing of my personal data.