Terms and conditions
1.1 The owner of the website/shop as well as the seller in the meaning of the provisions of the Civil Code is OTOTO MEBLE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Lublin, registered in the Central Register and Information on Economic Activity in Lublin with the NIP number 7123421694, REGON 389451847 and KRS 0000911834 District Court Lublin Wschód in Lublin with its seat in Świdnik, 4th Economic Department of the National Court Register, referred to hereinafter as the ‘Seller’.
THE SCOPE OF THESE TERMS AND CONDITIONS AND CHANGES
2.1. The Terms and Conditions set out the rules of selling the products of OTOTO MEBLE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, placing orders and concluding sales contracts.
2.2. In matters not regulated by the Terms and Conditions, the provisions of the Civil Code and specific acts shall apply.
2.3. Valid Terms and Conditions are available to the Customer in the ‘Terms and Conditions’ tab on the shop website.
2.4. The store owner reserves the right to amend the Terms and Conditions at any time by publishing a new version of the Terms and Conditions on the website.
2.5. The Ordering Party shall have the right to record the provisions of the Terms and Conditions by copying the content of the Terms and Conditions or printing the content of the Terms and Conditions at any time.
3.1. Products offered in the store are marked with the product name and price. The information is supplemented with an indication of the product material, special properties, dimensions or colours, information about the waiting time, as well as any other information considered by the Seller to be valuable for the Customer.
3.2. Photos and presentations of offered products are intended to provide presentation only, and their possible deviation from the actual appearance of the product cannot give rise to any claims. (Offered products are made by hand, which does not give the opportunity for faithful reproduction of their design. These differences may relate to the natural features of plywood such as shade, grain, knots visibility, etc.)
3.3. All product prices listed on the ototo.furniture website are gross prices in Polish zlotys and include VAT at 23%.
3.4. Product prices include shipping costs in Poland.
3.5. The available product range, specification and prices may be subject to continuous changes, e.g. individual products may be introduced or withdrawn from the market and taken up or withdrawn from promotion, with the reservation that changes introduced after the conclusion of the sales contract may not apply to customers who concluded such contracts.
3.6. The product information posted on the website does not constitute an offer within the meaning of Art. 66 and 661 of the Civil Code, but they are an invitation to submit an offer to conclude a sales contract within the meaning of art. 71 of the Civil Code.
CONDITIONS OF MAKING PURCHASES, PROTECTION OF PERSONAL DATA AND INFORMATION ON THE AGREEMENT
4.1. The condition required in order to make a purchase is observance and acceptance of these Terms and Conditions, each time when making a transaction, by checking the appropriate box on the form available on the shop website.
4.2. Conclusion of the sales agreement is preceded by placing an order on the form available on the website and a declaration that the data provided by the Ordering Party is true.
4.3. During completing the order form, the customer is obliged to provide precise information corresponding to the current state of affairs, to the extent specified by the content of the form. The Seller is entitled to withdraw from the order if the data provided by the Buyer is incomplete or incorrect and obtaining correct information is impossible by Ordering party’s fault.
4.4. An order shall be accepted for executing upon receipt by the Buyer of an e-mail confirming the placed order. This is a moment of concluding the purchase and sale agreement between the Buyer and the Seller.
4.5. The administrator of personal data is the company OTOTO MEBLE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with headquarters in Lublin, registered in the Central Register and Information on Economic Activity in Lublin with the NIP number 7123421694 and REGON number 389451847. The administrator is obliged to provide all possible and legally permissible measures to protect the personal data of customers against unauthorised access. The Administrator undertakes to use Customers’ personal data only for purposes connected with order processing. The administrator may use collected data for marketing purposes only after obtaining a separate consent from the Customer.
4.6. Contracts concluded as a result of order acceptance are concluded remotely by means of communication and are subject to the provisions of the Act of March 2, 2000 on the protection of certain consumer rights and on the liability for damage caused by a dangerous product, as well as other relevant legal acts.
PURCHASING AND DELIVERY TERMS
5.1. A condition for the fulfilment of an order is payment in advance by the Customer of the full amount due resulting from the received order confirmation.
5.2. The ordering party may make the payment by means of:
Traditional transfer directly to the Seller’s bank account for settlements in PLN. Account no. 54 1020 3176 0000 5002 0285 1038 PKO BANK POLSKI.
Cashbill S.A. Sobieskiego 2, 40-082 Katowice, NIP: 6292410801
PayU S.A. with headquarters in Poznań (60-166), at Grunwaldzka 186, NIP: 779-23-08-495
PayPal (Europe) S.à r.l. et Cie, S.C.A. 22-24 Boulavard Royal, L-2449 Luxembourg, Commercial register number: R.C.S. Luxembourg B 118 349
5.3. Each product is assigned an individual order processing time. The order processing time is specified in weeks and is counted from the date of receipt by the Ordering Party of the full amount due until the date of sending goods. In case the Ordering Party orders goods with different delivery times, the Seller shall be bound by the longest time.
5.4. The date of receipt of the goods is the sum of the time of completion and the time of delivery. The terms of delivery of the goods depend on the method of delivery chosen by the Ordering Party:
◦ Delivery via OTOTO MEBLE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ – individual arrangements with the Customer apply
◦ Personal pickup – after prior arrangement
◦ The time of delivery outside the territory of Poland is individual depending on the country of destination for the shipment.
5.5 Orders to Switzerland, Norway and Great Britain are subject to additional duties and national VAT, which will be charged directly by the local tax authorities and must be paid separately by the Customer. In case of doubts regarding additional fees, the Customer should contact the local tax office.
5.6. Large shipments, including tables, coffee tables, consoles, chests of drawers, are shipped on pallets and do not include carrying into the customer’s home/flat.
5.7. Responsibility for delays resulting from untimely delivery of parcels is borne solely by the courier company.
5.8. The ordering party will be informed about the shipment and will receive the shipment number via e-mail at the time of sending your order.
5.9. The order can be placed without registration. Orders are placed on a form developed by the store, and placing orders shall be carried out by adding products with an indication of quantity and possibly colour to the shopping cart.
5.10. Having completed the data necessary for shipping, the Customer may confirm the order by pressing the button ‘Buy and pay’ on the form tab, or change both the ordered products and its personal information. After pressing the button ‘Buy and pay’, any change to the order or the data provided via the website is not possible.
5.11. An order placed as described in item 5.10. constitutes an offer of the Seller made to the Customer for the purchase of products distinguished in the order, for the price indicated therein, including delivery costs.
5.12. After placing the order, an order acceptance message will be generated by e-mail to the Customer’s address.
5.13. The Seller reserves the right to reject the order and provide the reason for the refusal in the event of failure to comply with the items of the Terms and Conditions or for the reasons specified in the justification.
5.14. Order confirmation should contain the list of products covered by the order, price, payment terms, method and address of delivery. Sending a confirmation of receipt of payment shall be equivalent to the conclusion of a sales contract.
COMPLAINTS AND RETURNS
6.1. The Ordering Party must check the condition of the shipment and its contents in the presence of the Supplier.
6.2. In case of finding transport damage, the Ordering Party should perform the acts of diligence required by the provisions of the Act of November 15, 1984 – Transport law (Uniform text: Journal of Laws 2012.1173) to maintain the Supplier’s liability, and in particular to cause the Supplier to establish the condition of the shipment and the circumstances of the damage by the Supplier.
6.3. All products included in the OTOTO.FURNITURE store offer are brand new and are covered by the manufacturer’s warranty for a period of 24 months. The warranty does not cover operational damage related to daily use of the product, such as scuffs, scratches, or damage due to improper use.
6.4. The Seller undertakes to accept the warranty if the product was used in accordance with the manufacturer’s recommendations and had a technical defect.
6.5. The Seller shall be liable to the Customer who is a consumer for the non-compliance of sold products with the sales contract, on the terms described in the Act on Specific Terms and Conditions of Consumer Sale and amendment of the Civil Code of July 27, 2002 and in other, separate regulations.
6.6. Complaints should be submitted in writing or by e-mail to the address provided in the order confirmation sent by e-mail. In order for the complaint to be considered effective, it must contain the Customer’s data, correspondence address, the reason for the complaint, indication of the defect, date of detection, proof of purchase and the product covered by the complaint after prior notification to the Seller. The costs of shipping remain with the Customer.
6.7. The Seller shall consider the complaint and inform the Customer about this fact within 14 days from the date of receipt of the complaint, provided that it meets the conditions set out in item 6.6. above.
6.8. The Seller may refuse to accept the complaint if the goods are returned without prior notice and without fulfilling the conditions described in item 6.6. If the complaint is not complete, the Seller will call the Customer to complete the complaint, and the 14-day period will be counted from the date of completing the complaint.
6.9. In case of positive acceptance of the reclamation, the Seller will send back the full value product (new or repaired in a manner ensuring the absence of defects) to the Customer at its own expense, or it will return the price of the product covered by the complaint.
6.10. The customer may withdraw from the sales contract within 14 days from the date of receipt of the goods, without giving any reason, and return the goods immediately to the store. In order to exercise the right to withdraw from the contract of sale, a statement must be submitted electronically or in writing on the withdrawal from the contract. After submission thereof to the address, the products covered by the contract should be returned (without any traces of use) with documents confirming compliance with the 14-day deadline from the date of purchase (receipt or invoice).
OTOTO MEBLE, WYŻYNNA 8/48, 20-560 LUBLIN
(the package should be marked as ‘RETURN’)
6.11. In case of cancellation of the contract in the manner indicated in item 6.6, the Seller is obliged to immediately return the funds to the bank account provided by the Customer, no later than within 14 days.
6.12. The seller may refuse to accept COS parcels or shipments sent at the expense of the store.
6.13 Customised products, made according to individual customer guidelines, not included in the permanent offer of the OTOTO.FURNITURE store, are non-refundable.
7.1. All information, product images, and trademarks of manufacturers are copyrighted. Copying and dissemination of the same, or using for commercial purposes or presentations without the consent of the owner, is prohibited.
7.2. Any disputes arising from the background of these Terms and Conditions will be settled amicably, and in the absence of an amicable solution, the authority competent to resolve the dispute will be the court with jurisdiction over the defendant’s place of residence or headquarters.
7.3. In cases not regulated with the Terms and Conditions, the provisions of the Act of March 2, 2000 on the protection of certain consumer rights and on the liability for damage caused by a dangerous product (Journal of Laws of 2000, No. 22, item 271, as amended), the Act of 27 July 2002 on Specific Terms and Conditions of Consumer Sale and amendments to the Civil Code (Journal of Laws No. of 2002, No. 141, item 1176, as amended), the Act of April 23, 1964 – Civil Code (Journal of Laws of 1964, No. 16, item 93 as amended) shall apply.
7.4. Any disputes arising from the application of these Terms and Conditions and in connection with the performance of contracts between the Seller and the Customers, will be considered by the court competent according to the provision of subject matter and local jurisdiction in accordance with the Act of November 17, 1964. Code of Civil Procedure (Journal of Laws No. 43, item 296, as amended).
7.5. Placing an order means acceptance by the Customer of the provisions of these Terms and Conditions..