§ 1
Application and Amendment to the Terms and Conditions
These terms and conditions of sale apply without exception to all orders through the website www.homeautomation.eu.com even where exceptions are mentioned in the terms and conditions of our clients. The owner of the Home Automation internet domain is Home Automation Mateusz Wojtulewicz ul. Zielona 2/24, 16-030 Ciasne (NIP 9662100455, REGON: 362919300).
§ 2
Definitions
Online Store (Store) – an electronic platform used to place orders at: www.homeautomation.eu.com
Order fulfillment time – the time counted from the moment of sending the order confirmation to the Customer, in which the order placed by the Customer should be completed and sent to the address at which the order should be processed. Until the order is processed, the days when the Online Store is waiting for payment by the Customer and the delivery time will not be counted
Working days – days of the week from Monday to Friday, excluding public holidays;
Coustomer (Client) – a person with full legal capacity, as well as a legal person or an organizational unit without legal personality, having legal capacity;
Cart – an element of the Website, where the Customer specifies the details of the order, such as: delivery address, invoice data, delivery method, payment method, and other data, if their disclosure is necessary in connection with the execution of the order;
Shipping costs – costs incurred in order to deliver the Goods to the Ordering Party, in accordance with the order placed by him;
Login – Customer ID in the Online Store – a sequence of characters (numbers or letters) assigned to the Customer;
Password – a confidential string of characters that allows you to log into the Online Store;
Newsletter – commercial information, as well as other commercial information, including in particular about promotions, news, loyalty programs;
Merchandise (Goods) – an article for which you can place an order in the Online Store
§ 3
Placing orders
1. The persons authorized to place orders for Goods are Customers registered as Store users, after logging in using the Login and Password.
2. Customers are required to store the data necessary to place orders in the Online Store in a way that prevents reading them by unauthorized third parties.
3. The information provided on the website of the Online Store does not constitute an offer within the meaning of the Civil Code, but constitutes an invitation to submit offers by customers. The conclusion of a sales contract requires the prior submission of an order by the customer and its subsequent verification, by the store, for example in terms of the availability of the Goods.
4. The photos and other forms of visualization and presentation of the Goods presented on the Online Store website do not reflect their actual size and are for information purposes only.
5. Using the Online Store is available to customers who have the following equipment:
a) a PC or Mac computer,
b) broadband internet connection,
c) Firefox or IE web browser (version 5.5 or higher),
d) Adobe Flash Player plug-in installed and JavaScript, CSS frames and styles enabled,
e) enabled pop-up windows (pop-up windows) for domains: homeautomation.eu.com
f) an active e-mail account.
6. Placing orders in the Online Store is possible 24 hours a day, all days of the year, while their implementation takes place on business days.
7. The Store reserves the right to additional verification of the Customer’s data in justified cases, eg by telephone contact.
8. The Store will inform the Customer by e-mail to the e-mail address indicated by the Customer that his order has been placed in the Store.
9. Pursuant to the provisions of the law, the conclusion of the contract takes place upon submission of a joint declaration of will by both parties, that is: effective order placement by the Customer and confirmation of the order acceptance by the Store.
10. The order is accepted by sending a confirmation of accepting the order to the Customer by e-mail to the e-mail address indicated by the customer.
11. The store will execute the order within the time limit specified for the given goods, counted in working days. This deadline should be increased by the time of delivery, counted from the date of order confirmation. If the Customer has placed several orders for goods with different delivery times at the same time, they will be shipped together after completing the whole, i.e. after the longest of the given time, but not longer than 30 days.
12. The Store reserves the right to cancel any order which contains false information.
§ 4
Price & Payment
1. Home Automation reserves the right to amend its prices at any moment, while remaining committed to applying the tariffs in force at the time of order.
Prices are given in Euro (€), Polish zloty (zł) and Pound Sterling (£), exclusive of all taxes, and not including shipping costs unless stated otherwise. The client has an obligation to select a correct VAT rate in the client account settings from the options listed therein. Orders are payable in Euro, Pound Sterling or Polish Zloty. If the order comes from a country outside the EEC, the client is considered to be the importer. In that case, customs rights, local taxes, importation rights or taxes could be applied. The client is liable for any such right or tax as Home Automation does not recognise any responsibility in that regard.
2. The customer has the right to choose the following payment methods:
a) payment by credit card via a website that performs electronic payments,
b) payment by bank transfer via a website that realizes electronic payments,
c) payment by bank transfer directly to the account of the store operator.
3. The delivery fee is added to the order price.
4. Due to the large variety of products in the online store, the cost of courier delivery is determined and charged individually for each order. Before approving your order, you should find out about the total cost of delivery.
5. The condition for accepting the order for execution is the prior payment for the ordered Goods.
6. The goods are delivered to the Customer together with the sales document in the form of a fiscal receipt or VAT invoice, if the Customer requested it to be issued when placing the order and provided the necessary data to issue an invoice. The sales document confirms the content of the order placed.
Security:
The data contained on your credit card is encrypted using the SSL protocol (Secure Socket Layer) and will never be visible unencrypted on the network. Payment is made directly to the bank. Home Automation never has access to this data, and neither does it retain that information on its servers. For that reason, the information will be requested each time you complete a new transaction on our site.
§ 5
Delivery Methods and Times
1. The deadline for completing an order for shipments of Goods ordered in the Online Store is usually 3 to 5 business days, unless the information contained in the description of the Goods provides otherwise – but not more than 30 days including delivery. The deadline for the delivery of the Goods runs from the day the confirmation of the order is sent to the Customer. By sending the Customer a confirmation of the order, the Online Store may inform the Customer about the expected delivery date.
2. Deliveries are carried out by specialised courier companies such as UPS, GLS, DPD etc.
3. The delivery is attempted two times. After the second unsuccessful delivery attempt, the Goods will be returned to the Store. The Customer will be informed about the return of the Goods to the Store by sending correspondence to the e-mail address provided in the order. With regard to the Goods for which the payment was made on delivery, after the third unsuccessful attempt to deliver the parcel, the order placed by the Customer is automatically canceled.
4. Shipments are carried out on the territory of the European Union and the United Kingdom.
5. Any problem with the delivery (such as a damaged product) should be indicated on the delivery form in writing, accompanied by the signature of the Client. On signing the delivery form, it is understood that such a verification of the order has been undertaken by the Client, or another person authorized by the Client.
6. There is a possibility of individual shipping methods such as picking up the goods in person or using an alternative freight carrier. The Client should inform us about his will to use alternative shipement options in the order form.
§ 6
Responsibilities
1. Home Automation will not be responsible for not fulfilling any contract when the reason is unforeseen external circumstances, particularly in the case of a partial or total strike by postal services, couriers, and catastrophes caused by floods or fires. With regard to products purchased to meet professional needs, Home Automation will not be responsible for any indirect damage relating to the contract, loss of use, loss of profit, or damages or costs arising.
2. The choice and purchase of a product or service remains the sole responsibility of the Client. The partial or total inability to use the products, in particular because of incompatible materials, will not lead to any compensation, reimbursement or responsibility on the part of Home Automation, except in the case of a verified fault, non-conformity, defect or the exercise of the right to cancel the contract as provided for in §7 of the Terms and Conditions. If all or part of an order is not delivered, the Client has a maximum of three months (counting from the moment at which the package leaves our warehouse) to notify Home Automation. After that time, Home Automation will not accept any claims.
§ 7
Right to cancel
1. The Client has 14 calendar days conform to law no. 2014-344 from the 17 march 2014 from the date of delivery of the order to return all unsuitable articles and demand exchange or reimbursement without penalty, excluding the costs of returning the item(s). The product must be returned in a perfect state, in its original packaging and undamaged. It should be accompanied by all its accessories. If those terms are not complied with, the 2. Client loses the right to cancel and the product will be returned to the client at their cost. In order to correctly process the return request the client needs to fill out a return from, which can be found on the website www.homeautomation.eu.com
3. Costs of return relating to cancellation:
Costs of return in the case of a cancellation of an order are at the expense of the client. In order to ensure that your package can be tracked, we request that any returns are made using parcels that require signature on receipt.
4. Method of reimbursement:
After receipt and acceptance of the return, we will arrange a reimbursement by a bank transfer. In order to enable us to correctly deal with your request, please state your order number and name and address.
5. All returns should be sent to the following adress:
Home Automation
Ul. Zielona 2/24
16-030 Ciasne
Poland
§ 8
Exchange
The product can be exchanged within 30 days of the date of dispatch of the product.
First, the Client should inform our staff of their will to exchange the goods by sending an e-mail to: support@homeautomation.eu.com, the Client should return the product following the instructions provided in from our Staff, in responce to the email the client sent.
If it is not possible to exchange the product (obsolete product, unavailability of stock) the Client will be reimbursed to the amount of the order and the costs for returning the merchandise (on the basis of a return using a standard parcel recorded delivery).
§ 9
Warranty
1. Home Automation is not the producer of goods. The manufacturer is liable under the warranty for the sold Goods under the conditions and for the period specified in the warranty card. If the warranty document provides for such a possibility, the Customer may submit his claims under the warranty directly to an authorized service center whose address is included in the warranty card.
2. Complaints arising from the violation of the Customer’s rights guaranteed by law or under applicable regulations should be sent to the address support@homeautomation.eu.com Home Automation undertakes to consider each complaint within [14] days, and if it was not possible, to inform the customer within this period when the complaint will be considered.
3. Alternatively the Coustomer can use the from located on www.homeautomation.eu.com website for reporting a faulty device. The client should specify the nature of the problem with the device.
4. The warranty will be strictly limited to the replacement of items with a manufacturing defect that has been clearly established.
5. The warranty dates from the moment of delivery or availability for use.
6. The products sold are guaranteed against any defect or manufacturing fault, except:
– Consumables (batteries)
– The abnormal or unusual use of the products
– Any defects and their consequences resulting from repair unauthorised by the manufacturer, defects and their consequences related to any use of the product not in line with the intended use of the product
– Defects and their consequences related to any external cause, in particular exposure of the products to water, heat or the sun, not in line with the instructions for use of the products.
Home Automation has no responsibility in cases where the article delivered is not in line with the legislation of the country of delivery.
7. The Coustomer must include proof of purchase (copy of a reciept or invoice) in his return for it to be processed.
§ 10
Personal Information
1. By registering in the Online Store, the customer agrees to the collection and processing by Home Automation Mateusz Wojtulewicz of personal data provided by the Coustomer solely for the purpose of implementing the sales contract.
2. The administrator of personal data provided by the Customer is Home Automation Mateusz Wojtulewicz.
3. The customer may also consent to receive advertising and commercial information from Home Automation Mateusz Wojtulewicz, including via electronic means of communication.
4. The customer has the right to access and correct the personal data provided, as well as to request deletion of the data.
5. Customers’ personal data: name, surname, home address, login, e-mail address, telephone are provided by Home Automation Mateusz Wojtulewicz to the payment operator (Tpay – a joint-stock company with its registered office in Poznań, plac Andersa 3, 17th floor , 61-894 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Department of the National Court Register under the _rogr KRS 0000412357, NIP 7773061579, REGON 300878437, share capital PLN 5,494,980.00 – paid in full) in order to provide the Tpay Service, and to courier and postal companies, in order for these entities to fulfill their obligations under applicable law.
6. The transfer of personal data to the payment operator as well as courier and postal companies concerns the data necessary to provide services under the contract and the performance of obligations related to the provision of these services (in particular data such as: name, surname, street and house, zip code, city, e-mail address, telephone).
7. With regard to the Customers’ personal data provided by Home Automation Mateusz Wojtulewicz. The payment operator as well as courier and postal companies, the administrator of this personal data within the meaning of the Act of August 29, 1997 on the protection of personal data is – apart from Home Automation Mateusz Wojtulewicz – also the Payment Operator and relevant entities ensuring the delivery of the Goods.
8. Personal data of Users whose personal data has been provided by Home Automation Mateusz Wojtulewicz to the payment operator and courier companies and postal services, may also be transferred – to the extent and for the time necessary to provide or perform the order, as well as in connection with this service – to third parties, including entities performing activities on their behalf related to the provision of the Tpay Service or delivery of the Goods.
§ 11
Final Provisions
1. In matters not covered by the Regulations, the provisions of the Civil Code and the provisions of the Act on consumer rights shall apply. The provisions of these Regulations do not infringe the consumer’s rights due to the non-compliance of the goods with the contract.
2. All names of goods offered for sale by the Online Store are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law Act.
3. The Regulations come into force upon their announcement in the Online Store. Regarding orders in progress, the new regulations apply as long as the customer has consented to its content.
4. Out of concern for the interests of the customer, in the event of any discrepancy between the regulations in individual countries, the regulations applicable to the consumer’s country or those that are more favorable to the customer will be applied.
