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Sales Regulations

Valid from 25.12.2014

 

§ 1 General information

1. The Shop offered by Sims Recycling Solutions Sp. z o.o., acting under domain www.device.pl, is administered by: Sims Recycling Solutions Sp. z o.o., with the registered office in Bydgoszcz at 4A Ernsta Petersona Street (85-862), entered in the register of entrepreneurs run by the Local Court in Bydgoszcz, 12th Economic Department of the National Court Register under KRS no. 0000161511, with the stock capital 1.073.600PLN, paid in whole, VAT no. 5541728307, Regon no. 091406197.

2. Functionality of the online shop can be used by entrepreneurs and consumers; therefore, rights and obligations of both these groups have been presented in these regulations. None of the provisions of these regulations breaches the consumers rights under legal regulations and shall not be construed as limiting those rights in any way.

3. Whenever these regulations use the expression:

1) Online Shop – it shall be understood in terms of the online shop acting under domain www.device.pl, selling products presented in its offer via Internet;

2) Regulations – these Regulations of the online shop’s business activity;

3) Seller – owner of the Shop;

4) Working days – it shall be understood in terms of all days of the week from Monday till Friday, except from public holidays;

5) Lead time - it shall be understood as the total time, in which the Online Shop completes the order and gives it for delivery to the customer, with the use of shipment method selected by the customer;

6) Customer – natural person, legal person or organisational entity without legal personality, having legal capacity, making purchase in the Online Shop;

7) Consumer- customer being a natural person,  making a formal act with the entrepreneur – purchase in the Online Shop – not related directly to the economic or professional activity performed by such a consumer;

8) Bank transfer – it shall be understood in terms of  payment made by the Customer from the internet or stationary bank account or through the Post Office;

9) Electronic payment – payment realised by the Customer from an online bank account, through PayU payment system, or any other online payment systems;

10) Collection Point – point run by Sims Recycling Solutions Sp. z o.o., in which it is possible to collect the order realised by the Online Shop;

4. While using the Online Shop’s functionality, the customers mustn’t provide the contents which are unlawful or offensive.

5. Any irregularities related to functioning of the Shop shall be directed to the following email: sklep@device.pl.

6. In order to use the Online Shop’s functionality, it is necessary to have the internet browser with enabled JavaScript and Adobe Flash plugin. While using the Online Shop,  the so-called cookies (information saved by www server) are being saved on hard drives. The purpose of this mechanism is to provide the appropriate protection level.

 

§ 2 Order acceptance and realisation

1. The Online Shop offers sales of goods via Internet thought the website www.device.pl.

2. All information of the offered goods is presented by the Online Shop on the website www.device.pl.

3. Purchase in the Online Shop may be made only by  adult persons, fully capable of taking legal actions.

4. By submitting the order to the Online Shop, the Customer declares at the same time,  that he has read and accepted the provisions of these Regulations and all Appendices to the Regulations.

5. The contents of the Online Shop’s website makes the invitation to conclude the contract in terms of  Article 71 of the Civil Code, thus, submitting of the order by the Customer alone is not equivalent to immediate concluding of the contract.

6.The Seller presents a description and product’s characteristics, after clicking on its name, in particular, it informs on technical parameters and details of the product. These goods are often complex technically and they have specific characteristics. The Online Shop shall not be responsible for the effects of the failure to meet the aforementioned obligations by the Customers in relation to Customers who are not Consumers. This provision doesn’t prejudice the consumers’ right to return the purchased product in time limits determined by the Law.

7. Submitting of an order by the Customer is equivalent to submitting of the offer for concluding of the sales contract with the Seller for the ordered product. By submitting of the order to the Shop, the Client simultaneously declares, that he has read and accepted provisions of these Regulations and all Appendices to them.

8. The Customer makes the commitment to the Seller in the moment he/she accepts the order by clicking on  „I’m buying with obligation to pay”.

9. The Customer may submit the order, as follows:

a) through the form available on the Online Shop’s website,

b) by e-mail, to the e-mail address sklep@device.pl, available on the Online Shop’s website.

10. In the order, the Customer decides on:

1) goods purchased,

2) method of delivery, delivery address and billing information (these two addresses may be different),

3) method of payment.

10. Having submitted the order, the customer shall receive order confirmation from the Seller, to the e-mail address presented in the order, which confirms the receipt of the order and sums up information on:

- Seller’s details and individual items of the order,

- total gross value of the order,

- method and date of payment,

- method and date of realisation of the order,

- the Regulations

Moreover, the consumer shall receive information on:

- the right to withdraw from the contract, pursuant to Article 27 of the Law dated 30th of May, 2014 on the consumer’s rights (Journal of Laws Dz.U. of 2014, item 827) including the model of instructions on withdrawal from the contract, making Appendix no. 1 the Law and these Regulations, as well as the template of  withdrawal from the contract, making Appendix no. 2 to the Law and these Regulations,

- Consumer’s information specified in Article 12 of the Law dated 30th of May, 2014 on the consumer’s rights (Journal of Laws Dz. U. of 2014, item 827) making Appendix No. 3 to the Regulations.

11. Order receipt confirmation confirms the fact, that the Seller received the Customer’s order.

12. Within two working days from the date of receipt of the order, a representative of Sims Recycling Solutions Sp. z o.o shall contact the Customer in order to confirm the order. Such a confirmation aims at eliminating of orders submitted by accident or hoax orders.

13. When the order is completed and the Seller receives the payment ( if the customer decides upon  COD option, receipt of payment is not required), the Seller shall send the acceptance of the order for realisation  to the customer’s e-mail address  and it shall take care of the shipment procedure.

14. Sending of the Seller’s acceptance of the order for realisation confirms concluding of the sales contract between the parties. The sales contract is regarded to be concluded in the moment of receipt by the Customer of the Seller’s message with acceptance of the order for realisation.

 

§ 3 Payment method

1. The customer may choose from the following methods of payment for ordered goods:

a) payment by payment/credit card during collection of the ordered item in the Collection Point,

b) payment in cash (COD) to the courier if the order is delivered by express mail,

c) electronic transfer, bank transfer, whereas acceptance of the order for realisation will be made not earlier, than upon the receipt by the Online Shop of the confirmation from the payment’s operator of the correct realisation of the payment, but not later, than in two days after the actual receipt of such a confirmation by the Online Shop.

2. Orders unconfirmed or unpaid (except from the ‘COD’ option) by the customer within 7 days from the date of submitting of the order shall be annulled automatically. In the case of annulment of the submitted order, the Seller shall return the sum paid by the customer.

4. The number of items assigned for promotional sale and sell-off is limited and realisation of orders of such items is made on the first in – first out basis till the moment the goods included in such an offer are sold out.

5. We issue VAT invoice to each order.

 

§ 4 Prices of goods

1. For realisation of the sales contract, the customer is obliged to  pay the price of goods presented in the order, including the cost of delivery.

2. All prices of goods presented in the Online Shop are gross prices stated in PLN currency and they include the value-added tax (VAT) rate.

3. The price presented next to each item is binding on the moment of submitting of the order by the customer.

4. The customer may obtain the discount in the value agreed upon individually with the Online Shop. The discount is not reflected in the invoice.

5. The costs of delivery shall be invoiced in a separate line of the invoice. Delivery of goods will be made according to the method specified the Customer’s order. Complete information on the costs of delivery is available on the website http://device.pl/koszty-transportu or http://device.pl.pl/checkout/confirm in Your Order tab, after selecting of the product to be bought by the Customer.

 

§ 5 Payment date

1. If the payment by bank transfer is selected by the Customer, the Customer shall pay for the Products and cost of delivery within 4 days from the date of receipt of order confirmation from the Seller.

2. The actual date of payment is the date of crediting of the Seller’s bank account.

3. If the full payment of the order’s value is not received in time, the Seller may annul the Customer’s order, which the customer shall be informed about. If the Customer paid the value of the order in part, the Seller shall return this value to the Customer.

 

§ 6 Order modifications

1. The Customer may modify the order till the moment of its realisation (i.e. till the moment it is transferred for shipment). The customer may withdraw the submitted order  in whole till the moment of its shipment.

2.The above-mentioned modifications may be made by contacting of the Customer with the Online Shop by email directed to the following address: simsshop.pl@simsmm.com, or by phone: +48 52 3706868.

3. Order modifications referring to: changes in the Customer’s address, delivery address, and those referring to the overpayment return orders shall be confirmed in written form and sent by email to the following address: simsshop.pl@simsmm.com.

 

§ 7 Order realisation

1.  The standard order realisation time is from 3 up to 5 working days from the moment of confirmation of acceptance of order for realisation by the Online Shop, unless t it is stated otherwise in the description of  the item in the Online Shop.

2. Orders are delivered by courier mail to the address pointed by the Customer, or the Collection Point, depending on the method of delivery selected by the Customer during submitting of an order.  

3. Delivery time is:

- through personal collection in the Collection Point, not later, than within 2 working days from the date of acceptance of the order for realisation by the Online Shop,

- by the express mail, not later, than within 5 working days from the date of finishing of order completion by the Online Shop.

4. The Seller declares, that maximum lead time shall not exceed 5 days, provided that if the ordered item is temporarily unavailable, the lead time may be a little prolonged, but not more, than up to 30 days from the date of concluding of the sales contract.

5. If the Seller is unable to realise the order in whole, the Customer has the right to decide, if he/she wants to have it realised in part or he/she wants to give it up.

6. In the case of customers which are not the consumers, the Online Shop shall not be responsible for the effects of incorrect completing of the order form by the Customer. The correct filling up of the form means, that the Customer is obliged to complete all fields  marked as obligatory fields, and all data is  consistent with the actual status. In case the form is filled up in an illegible way, the order won’t be realised, and the customer shall be informed on that fact by phone or by email.

7. The Online Shop shall send to the Customer the invoice together with the ordered products.

 

§ 8 Methods and cost of delivery

1. The Customer is offered to choose from the following forms of delivery of the ordered products:

a) personal collection in the relevant Seller’s Collection Point

b) delivery by express mail.

2. Costs of delivery shall be paid by a Customer.

3. Before collection of the shipment from the courier, the Customer must check, if the package has not been damaged during transportation. If the package shows traces of damage, the parcel shall not be accepted by the Customer and  the Customer shall draw up a damage protocol in the presence of the courier and immediately contact the Seller in order to clarify the case.

4. The Customer shall receive from the Seller the following documents with the delivery:

- VAT invoice.

Moreover, the consumer shall receive:

- information on his/her right to withdraw from the contract  - model of instructions on withdrawal from the contract, making Appendix no. 1 to the Law dated 30th of May, 2014 on the consumer’s  rights (Journal of Laws Dz. U. of 2014, item 827) and to these Regulations,

- template of the form of withdrawal from the contract  making Appendix no. 2 of the Law dated 30th of May, 2014 on the consumer’s  rights (Journal of Laws Dz. U. of 2014, item 827)

- consumer’s information including relevant information specified by Article 12 of the Law on the consumer’s  rights dated 30th of May, 2014 (Journal of Laws Dz. U. of 2014, item 827), making Appendix no. 3 to these Regulations

 

§ 9 Responsibility for material defects and complaints

1. The Seller shall be responsible towards the Customer pursuant to the provision of the Civil Code dated 23rd of April, 1964 (Journal of Laws Dz.U. no. 16, item 93, as amended) as well as any other  generally applicable legal regulations.

2. If the Customer finds damages or non-conformity of the product, he/she may submit the written complaint to the address of Sims Recycling Solutions Sp. z o.o. ul. Ernsta Petersona 4A, 85-862 Bydgoszcz or by email, to the address: sklep@device.pl and if necessary, upon the previous consultation with the Seller, he/she shall ship the claimed product to the Seller, at the Seller’s cost to the address: ul. Ernsta Petersona 4A, 85-862 Bydgoszcz.

3. When submitting the complaint to the Seller, the Customer shall  provide the following information:  details of the claimant – forename and surname, detailed residence address and e-mail address, date of purchase of the product, name of the product, purchase price, detailed description of the product’s defect and circumstances of appearance of the defect,   and the claimant’s demands. While submitting the claim, the Customer shall also attach the proof of sale of the Product.   

4. The claims are examined by the Online Shop within 14 days at latest. The reply to the complaint shall be sent to the address provided by the Customer or with the use of any other method pointed by the Customer.

 

§ 10 Withdrawal from the contract

1. Pursuant to Article 27 of the Law dated 30th of May, 2014 on the consumer’s rights (Journal of Laws Dz. U. of 2014, item 827) the Customer who being not a consumer, who made use of distance purchase – via online shop  - has the right to withdraw from the sales contract without providing the reasons within 14 days (it is enough to send the declaration on withdrawal before the expiry date).

2. The goods shall be sent back to the address of Sims Recycling Solutions Sp. z o.o. It is possible to return the products through the Online Shop’s courier. For that purpose, please contact Sims Recycling Solutions Sp. z o.o. by calling: +48 52 3706868 (the cost according to the operator’s tariff).

3. The Consumer is responsible for decreasing of the value of the product resulting from handling of the goods other than what is necessary to establish nature, features, and functionality of the product.   

4. The model instructions on withdrawal from the contract making Appendix no. 1 to the Law dated 30th of May, 2014 on the consumer’s rights (Journal of Laws Dz. U. of 2014, item 827) and to these Regulations, as well as the template of the declaration of withdrawal from the contract making  Appendix no. 2 to the Law dated 30th of May, 2014 on the consumer’s rights (Journal of Laws Dz. U. of 2014, item 827) and these Regulations shall be delivered together with the Goods.

5. The Declaration of Withdrawal shall be submitted:

a) by registered letter to the address of Sims Recycling Solutions Sp. z o.o. ul. Ernsta Petersona 4A, 85-862 Bydgoszcz,

or

b) in electronic form, by e-mail message sent to the Seller’s e-mail address sklep@device.pl (the Seller shall immediately confirm acceptance of the declaration by e-mail).

6. The Consumer is obliged to return the Products to the Seller – at his/her own cost -  without undue delay, however not later, than within 14 days from the date on which he declared to withdraw from the sales contract (it is enough to send the products back before the withdrawal expiry date).

7. Within 14 days from the date of receipt from the consumer of his declaration of withdrawal from the contract, the Seller commits itself to return all payments made by the consumer, including the costs of delivery of the goods. The Seller shall return the equivalent of the cheapest cost of delivery offered by the Online Shop.  

8. If the Consumer did not send back the product together with the declaration of withdrawal from the contract, the Seller shall refrain from the return of payments made by the Consumer till the moment of receipt of the product or delivery of the proof of shipment of the product by the consumer.

9. The return of payment shall be made in  the same form in which it was made by the consumer, to the bank account or account of the card and in the caser of COD, to the bank account specified by the consumer.

10. Sending back of the goods shall be made in original and undamaged packing, if possible, and secured appropriately in order to protect it against damage.

11. Parcels with the returns of goods shipped on COD basis or at the Consignor’s (Seller’s) cost won’t be accepted.  

12. The consumer is not entitled to withdraw from the contract in the case of goods in a form of sound or visual recordings or computer software delivered in sealed packing if the packing was opened after delivery.

13. The consumer is not entitled to claim for withdrawal from the contract in relation to the following agreements:

- for providing services, if the entrepreneur completed the service upon the explicit consent of the consumer, who was informed before the actual realisation of the service, that completion  of the service deprives him/her of his right to withdraw from the contract;

- in which the price or remuneration depends on fluctuation on the financial market, which the entrepreneur can’t control and which may occur before the expiry date of withdrawal from the contract;

- in which the subject of service is not a factory-made  product, fabricated according to the consumer’s specification or tailored to the consumer’s needs;

- in which the subject of service is the product which is liable to deteriorate or expire rapidly;

- in which the subject of service is the product delivered in a sealed packing, which can’t be returned after unsealing for the reason of health protection or hygienic reasons, if the packing was unsealed after delivery;

- in which the subject of service are things, which after delivery, due to their character, are  being inseparably attached to other things;

- in which the subject of service  are the alcoholic drinks, the price of which was agreed upon in the sales contract and delivery of which can be realised only after 30 days and the value of which depends on fluctuations on the market, which the entrepreneur cannot control;

- in which the consumer explicitly required, that the entrepreneur shall visit him in order to make the urgent repair or maintenance; if the entrepreneur provides also other services than those required by the consumer, or it delivers other things, than the spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract only in relation to these additional services or things:

- in which the subject of service are the sound or video recordings or computer programs delivered in a sealed packing, if the packing was unsealed after delivery;

- for delivery of dailies, journals or magazines, except from the subscription agreement;

- concluded in a form of a public auction;

- for providing accommodation services, other than residential purposes, transportation of goods, lease of cars, catering services, services related to leisure time, entertainment, sports or cultural events, if the contract specifies the date of period of providing of the service;

- supply of digital content, which is not supplied on a tangible medium, if realisation of the supply has begun with the consumer’s prior express consent and his acknowledgment that he/she thereby loses his/her right of withdrawal.

 

§ 11 Warranty

1. Each products offered by the Website is granted a 12-month warranty period, subject to § 11 (2-4) of the Regulations, unless the description of the products states otherwise.

2. The Warranty doesn’t include batteries and screen matrices.

3. Products sold with discount are covered with 90-day warranty period.

4. The warranty doesn’t cover mechanical damages, as well as damages which evidently occurred due to misuse of the product.

5. The condition necessary for acceptance of warranty is having the valid warranty sticker, which doesn’t bear any traces of tampering.

6. The warranty may cover the period longer, than specified in  Section 1, of it results from an additional agreement with Sims Recycling Solutions Sp. z o.o. The information on the length of the warranty period can be found in the VAT invoice documenting the purchase of the product.

7. The goods offered for sale are after-lease (used) products, which in result of previous exploitation, age and used production technology might have lost a part of its original technical parameters (water-tightness class, quality of matrix, capacity of battery,  drive’s write speed). The warranty doesn’t cover damages resulting from the worsened technical parameters. The fact of occurring of worsened technical parameters doesn’t make the basis for a warranty claim.

 

 

§ 12 Personal data protection

1. Your personal information is administered by Sims Recycling Solutions Sp. z o.o. with the registered office in Bydgoszcz, under address ul. Ernsta Petersona 4A(85-862), entered in the register of entrepreneurs run by the Local Court in Bydgoszcz, 12th Economic Department of the National Court Register under KRS no. 0000161511, with the stock capital 1.073.600 PLN, paid in whole, VAT no.  5541728307, Regon no. 091406197.

2. Data controller guarantees confidentiality of all personal information provided to it  

3. The Customer has the rights stipulated by the valid regulations, in particular, the right to:

a) review his/her personal information,

b) demand for deleting, completing, updating, correcting of personal information, temporary or permanent cessation of processing of personal information or deleting of personal information if it is incomplete, outdated, untrue or collected with the violation of the Law or they became unnecessary to realise the purpose, for which they were collected, at any time.

Your personal information is controlled by Sims Recycling Solutions sp. z o.o. with the registered office in Bydgoszcz, ul. Ernsta Petersona 4A; 85-862 Bydgoszcz. Your personal data will be processed for the reason of realisation of orders submitted by you, including issuing of invoices and financial reporting, as well as providing after-sale We shall process your personal data for the period of realisation of the task, for which your personal data has been collected and afterwards, this information shall be retained pursuant to regulations stipulated in Article 70 Section 1 of Tax Ordinance and regulations provided on the basis of Article 6 Regulation 2016/679 (GDPR)  According to GDPR, you have the right to:

1. access your personal information and to receive its copy;

2. amend (correct) your personal data;

3. delete your personal unless the reason for processing of this data is related to meeting any legal obligation or exercising of public authority or it is necessary for establishment of claims, redress or defense of claims;

4. limit processing of your personal data:

5. object against processing of your personal data, insofar as such processing doesn’t result from the controller’s legal obligations and such processing is based on execution of tasks carried out in public interest or exercising public authority entrusted to the controller;

6. lodge a claim to the Supervisory Authority - President of the Personal Data Protection Office (addressed to: Urząd Ochrony Danych Osobowych [Personal Data Protection Office], ul. Stawki 2, 00 - 193 Warsaw).

Data Protection Supervisor contact information: iod@simsmm.com

You can contact DPS regarding all issues referring to processing of your personal information by the controller and using your rights related to such personal data processing.

 

§ 13 Waste electrical and electronic equipment

1. Pursuant to the Law dated 29th of July 2005 on waste electrical and electronic equipment (Journal of Laws Dz. U. No 180, item 1495, as amended) when buying electrical or electronic equipment the Customer has the right to return the old (waste) equipment of the same type and quantity with the purchased electrical or electronic equipment, to the shop in which he/she bought the new product.  If the customer want to make use of this right, are asked to ship the waste equipment at their own cost to the address: Sims Recycling Solutions Sp. z o.o, ul. Ernsta Petersona 4a, 85-862 Bydgoszcz. At the same time, we would ask you to write the legible note on the packing: „FOR RECYCLING”. The Online Shop doesn’t accept COD shipments.

 

§ 14 Final provisions

1. These Sales regulations make a part of the contract concluded between the Seller and the Customer.

2. The law governing sales contracts between the Customer and the Seller on conditions specified in the Regulations is the Law of the Republic of Poland.

3. The Sales Contract is concluded between the Customer and Sims Recycling Solutions Sp. z o.o. Provisions of these Sales Regulations and all Appendices are available at www.device.pl.

4. The court of jurisdiction for settlement of disputes resulting from the sales contract is the jest the competent court for the registered office of Sims Recycling Solutions Sp. z o.o. This provision doesn’t refer to disputes, in which the consumer is the party of the dispute.

5. In all matters not covered by these Regulations, the provisions of  the Civil Code and the provisions of the Law dated 30th of May, 2014 on the consumer’s rights (Journal of laws Dz. U. of 2014, item 827) shall be applied.

6. These Regulations are valid from the 25th of December, 2014.

 

APPENDICES TO THE REGULATIONS

- Appendix no. 1- model of instructions of withdrawal from the contract making Appendix No.1 to of the Law dated 30th of May, 2014 on the consumer’s rights (Journal of laws Dz. U. of 2014, item 827) and to these Regulations,

- Appendix no. 2 –model of the declaration of withdrawal from the contract, making Appendix No. 2 of the Law dated 30th of May, 2014 on the consumer’s rights (Journal of laws Dz. U. of 2014, item 827),

- Appendix no. 3 – consumer’s information including all relevant information specified by Article 12 of the Law on the consumer’s rights dated 30th of May, 2014 (Journal of laws Dz. U. of 2014, item 827) making Appendix No.3 to these Regulations.

 

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APPENDIX NO. 1

INFORMATION ON YOUR RIGHT OF WITHDRAWAL FROM THE CONTRACT

MODEL OF INSTRUCTIONS ON WITHDRAWAL FROM THE CONTRACT

RIGHT OF WITHDRAWAL FROM THE CONTRACT

 

You have the right to withdraw from the sales contract within 14 days without providing the reason for such a decision.

The expiry date for withdrawal is 14 days from the date on which you got the item or any person different than the forwarder and designated by you got the product.

 In order to use the right for withdrawal you must inform us: Sims Recycling Solutions sp. z o.o. ul. Ernsta Petersona 4a, 85-862 Bydgoszcz phone no. 52 370 68 68 about your decision on withdrawal from this contract in a form of an unequivocal declaration (such as a letter sent by mail, fax or e-mail).

You can also use the template of withdrawal from the contract, but it is not obligatory.

 

In order to meet the withdrawal period, it is enough for us to receive your information on using your right for withdrawal from the contract before the withdrawal expiry date.

 

Effects of withdrawal from the contract

 

In the case of withdrawal from this contract, we shall return to you all payments received from you, including the delivery costs (except from additional costs resulting from the method of delivery chosen by you, which is different from the cheapest method offered by us), immediately, and in each case not later than within 14 days from the date on which we were informed on your decision on exercising of your right for withdrawal from the contract. The return of money will be made with the same method of payment which you used in the original transaction, unless you explicitly agreed to any other solution; in each case, you shall not bear any costs related to this return. We can also refrain from the return of money till the moment we receive the products back or till we receive the proof of sending it back to us, whichever comes earlier.

 

Please send back or hand back the product to us to the following address: Sims Recycling Solutions sp. z o.o. ul. Ernsta Petersona 4A, 85-862 Bydgoszcz, immediately, and in each case not later, than within 14 days from the date on which you informed us  on your withdrawal from the contract. The date for withdrawal is met, if you send the product back to us before the expiry date of 14-day period.

You will have to pay the direct costs of such a return of the products.

 

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Appendix no. 2

MODEL OF THE DECLARATION OF WITHDRAWAL FROM THE CONTRACT

(this form shall be filled in only, if you are willing to withdraw from the sales contract)

 

 

 

-        Addressee: Sims Recycling Solutions Sp. z o.o. ul. Ernsta Petersona 4a, 85-862 Bydgoszcz, phone 52-370-68-68

 

-        Herein I/we(*) inform on my/our declaration of withdrawal from the contract for sale of the following products:

 

 

 

-        Date of concluding of the contract(*)/receipt of goods(*):

 

-        Consumer(s) forename and surname:

 

-        Consumer(s) address:

 

-        Consumer(s) signature (only if the declaration is submitted in paper form):

 

 

 

-        Date:

 

 

 

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CONSUMER INFORMATION

 

Pursuant to Article 12 of the Law on the consumer’s rights dated 30th of May, 2014 (Journal of Laws Dz. U., item 827) the Seller – Online Shop of Sims Recycling Solutions Sp. z o.o., available at www.device.pl, informs the Buyer being the Consumer on the following:

 

1. Features of the service, subject of service and method of communication with the consumer:

Sales of goods in a form of used and new IT equipment, i.e. computers, laptops, tablets, phones, printers, projectors, servers, and network devices via online shop available at www.device.pl. The complete range of products offered by the Seller in the Online Shop and detailed specification of each product are available at: www.device.pl

Accepted methods of communication:

E mail: simsshop.pl@simsmm.com

Contact forms available at www.device.pl

Phone.: +48 52 3706868 (cost according to the Operator’s tariff).

 

2. Seller’s information

Online Shop of the company Sims Recycling Solutions Sp. z o.o., available at www.device.pl, is operated by: Sims Recycling Solutions Sp. z o.o., with the registered office in Bydgoszcz at 4a Ernsta Petersona Street (85-862), entered in the register of entrepreneurs run by the Local Court in Bydgoszcz, 12th Economic department of the National Court Register – under KRS no.  0000161511, with the stock capital 1.073.600PLN, paid in whole, VAT no. 5541728307, Regon no. 091406197

E-mail: sklep@device.pl

Phone.: +48 52 3706868 (cost according to the Operator’s tariff)

 

3. Seller’s contact details for complaints:

Seller’s contact details for complaints:

Sims Recycling Solutions Sp. z o.o. ul. Ernsta Petersona 4a, 85-862 Bydgoszcz,

E-mail: sklep@device.pl

 

4. Essential characteristics of goods

The subject matter of the contract are: products specified in the Online Shop at www.device.pl, the characteristics of which have been specified on the product’s website.

 

5. Price of goods

The price of the product is presented next to each product in the Online Shop and it makes the gross price including VAT tax as well as all elements, except from the costs of delivery.

The costs of transportation shall be  upon the consumer. They were specified to the consumer in the process of submitting of the order and the value of such costs depends on the method of delivery selected by the consumer. The detailed information on the costs of transportation of goods is available at www.device.pl

 

6. Payment conditions

The customer has the right to choose from the following methods of payment:

a) payment by cash, credit card or payment card during collection of the ordered products in the Collection Point,

b) cash payment (COD) to the courier in the case of delivery of the order by express mail,

c) bank transfer or payment by credit card, whereas acceptance of such an order for realisation shall be made not earlier, than after the receipt by the Online Shop of the confirmation of the correct operation realised by the payment operator and not later, than within two days from the date of receipt of such a confirmation by the online shop,

d) with the use of PayU system or any other system of online payments,  whereas acceptance of such an order for realisation shall be made not earlier, than after the receipt by the Online Shop of the confirmation of the correct operation realised by the payment operator and not later, than within two days from the date of receipt of such a confirmation by the Online Shop.

Orders unconfirmed or unpaid (except from the ‘COD’ option) by the customer within 7 days from the date of submitting of the order shall be annulled automatically.

 

7. Costs and date of delivery

The Customer is offered to choose from the following forms of delivery of the ordered products:

a) personal collection in the Seller’s point at 4a Ernsta Petersona Street in Bydgoszcz (upon the payment in advance for the order) – free of charges

b) delivery by express mail – detailed information on the costs of transportation  can be found at www.device.pl

Costs of delivery shall be paid by a Customer, unless the Seller determines otherwise.

The goods are shipped within 5 days from the date of crediting of the Seller’s bank account with the Buyer’s payment, but not later, than within 30 days from the date of concluding of the contract.

8. Right to withdraw

Pursuant to Article 27 of the Law dated 30th of May, 2014 on the consumer’s rights (Journal of Laws Dz. U. of 2014, item 827) the Customer who being not a consumer, who made use of distance purchase – via online shop  - has the right to withdraw from the sales contract without providing the reasons within 14 days (it is enough to send the declaration on withdrawal before the expiry date).

The model declaration of withdrawal from the contract makes the appendix to this information – being at the same time, the Appendix No. 2 to the Law dated 30th of May, 2014 on the consumer’s rights (Journal of Laws Dz. U. of 2014 item 827)

The declaration of withdrawal shall be submitted by:

- registered letter to the address of Sims Recycling Solutions Sp. z o.o. 85 – 862 Bydgoszcz ul. Ernsta Petersona 4a,

or

- electronically, by email sent to the Seller’s email address: simsshop.pl@simsmm.com.

 

The right to withdraw from the contract doesn’t refer to the following contracts:

- for providing services, if the entrepreneur completed the service upon the explicit consent of the consumer, who was informed before the actual realisation of the service, that completion of the service deprives him/her of his right to withdraw from the contract;

- in which the price or remuneration depends on fluctuation on the financial market, which the entrepreneur can’t control and which may occur before the expiry date of withdrawal from the contract;

- in which the subject of service is not a factory-made  product, fabricated according to the consumer’s specification or tailored to the consumer’s needs;

- in which the subject of service is the product which is liable to deteriorate or expire rapidly;

- in which the subject of service is the product delivered in a sealed packing, which can’t be returned after unsealing for the reason of health protection or hygienic reasons, if the packing was unsealed after delivery;

- in which the subject of service are things, which after delivery, due to their character, are being inseparably attached to other things;

- in which the subject of service  are the alcoholic drinks, the price of which was agreed upon in the sales contract and delivery of which can be realised only after 30 days and the value of which depends on fluctuations on the market, which the entrepreneur cannot control;

- in which the consumer explicitly required, that the entrepreneur shall visit him in order to make the urgent repair or maintenance; if the entrepreneur provides also other services than those required by the consumer, or it delivers other things, than the spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract only in relation to these additional services or things;

- in which the subject of service are the sound or video recordings or computer programs delivered in sealed packing, if the packing was unsealed after delivery;

- for delivery of dailies, journals or magazines, except from the subscription agreement;

- concluded in a form of a public auction;

- for providing accommodation services, other than residential purposes, transportation of goods, lease of cars, catering services, services related to leisure time, entertainment, sports or cultural events, if the contract specifies the date of period of providing of the service;

- supply of digital content, which is not supplied on a tangible medium, if realisation of the supply has begun with the consumer’s prior express consent and his acknowledgment that he/she thereby loses his/her right of withdrawal.

 

9. Costs of withdrawal

The Consumer withdrawing from the sales contract shall cover only the following costs:

- direct costs of the return of the product in the value of the cost of shipment by traditional mail or courier mail,

-if the consumer decided on the method of delivery which is different from the cheapest, common method of delivery offered by the entrepreneur, the entrepreneur is not obliged to return the additional costs paid by the consumer .

 

10. Price validity period

The price of the contract valid on the date of purchase won’t be changed till the date of realisation of the order.

 

11. Obligation to deliver products free of defects

The Seller shall be liable for defects pursuant to provisions of the Civil Code, in particular, Article 556 of the Civil Code, and Article 556(1) – 556(3) of the Civil Code.

 

12. Complaints

If the Customer finds damages or non-conformity of the product, he/she may submit the written complaint to the address of Sims Recycling Solutions Sp. z o.o. ul. Ernsta Petersona 4A, 85-862 Bydgoszcz or by email, to the address: sklep@device.pl and if necessary, upon the previous consultation with the Seller, he/she shall ship the claimed product to the Seller, at the Seller’s cost to the following address: ul. Ernsta Petersona 4a, 85-862 Bydgoszcz

If the Customer finds non-conformity of the product with the contract,  in order to speed up the process of handling of the complaint and make it easier, it is advisable  to:

a) return the product , if possible, in its original packing, to the address of the Seller,

b) declare, if the customer requires repair of the product or its exchange,

c) state the customers’ reasons for non-conformity of the product,

d) provide the customer’s contact details in a form of the postal address for correspondence, email address, telephone no. and bank account number,

e) inform on the date of purchase of goods, order no., purchase price

Complaint handling period

The Seller declares, that the complaint shall be handled within 14 days

Method of handling of complaints

The reply to the complaint will be send to the Customer’s postal address or with the use of any other method required by the Customer.

 

13. Warranty and methods of its realisation

Each products offered by the Online Shop is granted a 12-month warranty period, except from batteries and screen matrices in notebooks, as well as mechanical damages and damages which evidently occurred due to misuse of the product.

Products sold with discount are covered with 90-day warranty period.

The condition necessary for acceptance of warranty is having the valid warranty sticker, which doesn’t bear any traces of tampering.

The warranty may cover the period longer, than 12 months, if it results from an additional agreement with Sims Recycling Solutions Sp. z o.o. The information on the length of the warranty period can be found in the VAT invoice documenting the purchase of the product.

 

 

14. Code of good practice

The Seller doesn’t apply the Code of good practice determined by the Law  dated 23rd of August, 2007 on counteracting unfair trade practices.

 

15. Deposit and protection measures

The Seller doesn’t require any deposits or providing financial warranties  by the Buyer.

 

16. Possibility of having recourse to an out-of-court complaint and redress mechanisms

The Sellers provides the possibility of mediation proceedings in the case of any disputes resulting from  the sales of goods.