Terms and conditions of use

ONLINE STORE REGULATIONS

oteko.pl

§ 1

GENERAL PROVISIONS

  1. The www.oteko.pl store operates under the terms specified in these Regulations.

  2. The Regulations define the conditions for concluding and terminating Product Sales Agreements, the complaint procedure, the types and scope of services provided electronically by the www.oteko.pl Store, the rules for providing these services, and the conditions for concluding and terminating electronic service agreements.

  3. Each Service Recipient, upon taking actions aimed at using the Electronic Services of the www.oteko.pl Store, is obliged to comply with the provisions of these Regulations.

  4. In matters not regulated by these Regulations, the provisions of the following laws apply:

    • the Act on the Provision of Electronic Services of July 18, 2002,

    • the Consumer Rights Act of May 30, 2014,

    • the Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016,

    • the Civil Code Act of April 23, 1964, and other relevant provisions of Polish law.

  5. The Seller is an entrepreneur entered in the Central Register and Information on Economic Activity (CEIDG) and acts in accordance with Polish law.

§ 2

DEFINITIONS IN THE REGULATIONS

  1. ORDER FORM – a form available on the www.oteko.pl website that allows placing an Order.

  2. CLIENT – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.

  3. CONSUMER – a natural person who performs a legal action with an entrepreneur that is not directly related to their business or professional activity.

  4. ENTREPRENEUR – a natural person, legal entity, or an organizational unit without legal personality, granted legal capacity by law, conducting business or professional activity in their own name.

  5. PRODUCT – a movable item available in the Store that is the subject of the Sales Agreement between the Client and the Seller.

  6. REGULATIONS – these store regulations.

  7. STORE – the Service Provider's online store operating at www.oteko.pl.

  8. SELLER, SERVICE PROVIDER – Mega Sp. z o.o.

  9. SALES AGREEMENT – a Product Sales Agreement concluded between the Client and the Seller via the Store.

  10. ORDER – a declaration of the Client's will constituting an offer to conclude a Product Sales Agreement with the Seller.

  11. PRICE – the value expressed in monetary units that the Client is obliged to pay the Seller for the Product.

§ 3

PRODUCT INFORMATION AND ORDERING

  1. The www.oteko.pl store sells Products via the Internet.

  2. The Products offered in the Store are new, compliant with the agreement, and have been legally introduced to the Polish market.

  3. The information on the Store's website does not constitute an offer within the meaning of legal provisions. By placing an Order, the Client makes an offer to purchase a specified Product under the conditions specified in its description.

  4. The Product Price displayed on the Store's website is in Polish zlotys (PLN) and includes all components. The Price does not include delivery costs.

  5. Orders can be placed through the website using the Order Form (Store www.oteko.pl) – 24 hours a day, all year round.

  6. A prerequisite for placing an Order in the Store by the Client is to familiarize themselves with the Regulations and accept its provisions at the time of placing the Order.

  7. In case of an obvious error in the price or product description on the Store’s website, the Seller reserves the right to cancel the Order. The Client will be informed immediately.

§ 4

CONCLUDING A SALES AGREEMENT

  1. To conclude a Sales Agreement, the Client must first place an Order using the method provided by the Seller, in accordance with § 3 points 5 and 6 of the Regulations.

  2. After placing an Order, the Seller immediately confirms its receipt.

  3. The confirmation of the Order's receipt, referred to in point 2 of this paragraph, binds the Client to their Order. The confirmation of receipt is made by sending an email message.

  4. The confirmation of the Order's receipt contains:

    • confirmation of all essential elements of the Order,

    • a withdrawal form,

    • these Regulations containing information about the right to withdraw from the agreement.

  5. Upon receipt of the email message referred to in point 4 of this paragraph by the Client, a Sales Agreement is concluded between the Client and the Seller.

  6. Each Sales Agreement will be confirmed with a proof of purchase, which will be attached to the Product.

  7. If the Client does not make the payment within the deadline specified in § 5, the Seller has the right to cancel the Order. The Client will be notified by email.

§ 5

PAYMENT METHODS

  1. The Seller provides the following payment methods:

    • traditional bank transfer to the Seller's bank account,

    • payment via an electronic payment system.

  2. In the case of traditional bank transfer payment, the payment should be made to the bank account number: 28 1050 1025 1000 0090 8171 8190 ING Bank Śląski S.A. The transfer title should include "Order no. ...".

  3. In the case of payment via an electronic payment system, the Client makes the payment before the Order is processed. The electronic payment system allows payment by credit card or instant transfer from selected Polish banks.

  4. The Client is obliged to make payment for the Sales Agreement within 1 business day from its conclusion, unless the Sales Agreement states otherwise.

  5. Refunds in the event of withdrawal or complaint will be made using the same payment method used by the Client, unless the Client expressly agrees to a different method.

§ 6

DELIVERY COST, TIME, AND METHODS

  1. The delivery costs of the Product, covered by the Client, are determined during the Order placement process.

  2. The delivery time consists of the Product preparation time and the delivery time by the carrier:

    • The Product preparation time is 3 business days.

    • The delivery time of the movable items by the carrier occurs within the declared time of 5 business days from dispatch (deliveries take place only on business days, excluding Saturdays, Sundays, and holidays).

  3. Products purchased in the Store are shipped only within Poland via Poczta Polska or a courier company.

  4. If the Product is not collected by the Client and is returned to the Seller, the Seller may contact the Client to arrange redelivery at the Client’s expense or refund the payment minus the cost of delivery and return.

§ 7

PRODUCT COMPLAINTS

  1. The basis and scope of the Seller's liability towards the Client for non-compliance of the Product with the agreement are defined by the Consumer Rights Act of May 30, 2014.

  2. Complaints should be submitted via email to kontakt@oteko.pl or in writing to Połczyńska 21A, 01-377 Warsaw.

  3. The complaint should include the Client's contact details, order number, a description of the defect, and photographic evidence if possible.

  4. The Seller will respond to the complaint within 14 days.

  5. If the complaint is justified, the Seller will replace, repair, or refund the Product in accordance with applicable legal provisions.

§ 8

RIGHT TO WITHDRAW FROM THE AGREEMENT

  1. Only a Consumer who has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason.
  2. The withdrawal period begins from the day the Consumer receives the Product.
  3. To exercise the right of withdrawal, the Consumer must notify the Seller by email or in writing.
  4. The Consumer should return the Product in an unchanged, unused state (except for ordinary management necessary to determine the nature, characteristics, and functioning of the Product) to the address: Przemysłowa 75, 05-830 Urzut.
  5. The Seller will refund the payment, including the cost of standard delivery, within 14 days of receiving the returned Product or proof of its return, using the same payment method used by the Consumer, unless the Consumer has expressly agreed otherwise.
  6. The Consumer bears the direct cost of returning the Product to the Seller.
  7. The right of withdrawal does not apply to customized goods made to the Consumer’s specifications, perishable goods, or goods sealed for health protection that have been unsealed after delivery.
  8. Details on the right of withdrawal and exceptions are set out in the Consumer Rights Act of May 30, 2014.

§ 9

TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider enables the use of the following Electronic Services via the Store:

    • Concluding Sales Agreements.

    • Using the Order Form.

    • Subscribing to the newsletter.

  2. The provision of Electronic Services to Service Recipients in the Store takes place under the conditions specified in these Regulations.

  3. The Service Provider has the right to place advertising content on the Store's website. This content is an integral part of the Store and the presented materials.

§ 10

CONDITIONS FOR PROVIDING AND TERMINATING ELECTRONIC SERVICES

  1. The provision of Electronic Services specified in § 9 point 1 of the Regulations by the Service Provider is free of charge.

  2. The contract for the provision of Electronic Services, consisting of enabling the submission of Orders in the Store, is concluded for a definite period and is terminated when the Order is placed or the Client ceases to place Orders.

  3. The technical requirements necessary for cooperation with the Service Provider's ICT system are:

  4. The Service Recipient is obliged to use the Store in a manner consistent with the law and good practices, respecting the personal rights and intellectual property rights of third parties.

  5. The Service Recipient is prohibited from providing unlawful content.

§ 11

COMPLAINTS RELATED TO ELECTRONIC SERVICES

  1. Complaints related to the provision of Electronic Services via the Store may be submitted by the Service Recipient via email to kontakt@oteko.pl.

  2. The email message should contain as much information and circumstances as possible regarding the subject of the complaint, including the type and date of the irregularity, and contact details. The provided information will facilitate and expedite the processing of the complaint by the Service Provider.

  3. The Service Provider will respond to the complaint immediately, no later than within 14 days from the date of submission.

  4. The response to the complaint is sent to the Service Recipient via email or another method indicated by the Service Recipient.

§ 12

FINAL PROVISIONS

  1. Agreements concluded through the Store are concluded in accordance with Polish law.

  2. If any part of these Regulations is inconsistent with applicable law, the relevant provisions of Polish law shall apply instead of the questioned provision of the Regulations.

  3. Any disputes arising from Sales Agreements between the Store and Consumers will be resolved primarily through negotiations, with the intention of amicable settlement. If this is not possible, or if it is unsatisfactory to either party, disputes will be resolved by a competent common court in accordance with § 12 point 4 of these Regulations.

  4. Any disputes between the Service Provider and the Service Recipient (Client) who is also a Consumer shall be resolved by competent courts in accordance with the Code of Civil Procedure of November 17, 1964.

  5. A Client who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting a request for mediation or a request for the case to be examined by an arbitration court (the application can be downloaded from http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Voivodeship Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use the free assistance of the municipal (poviat) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court claim settlement after the complaint procedure is free of charge.

  6. To settle the dispute amicably, the Consumer may also file a complaint via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr/.

  7. The language of the Sales Agreement and all communication with the Store is Polish. If these Regulations are made available in another language, the Polish version shall be binding in case of interpretation doubts or discrepancies.

  8. For Clients who are not Consumers, all disputes arising from the Sales Agreement shall be resolved by the court having jurisdiction over the Seller’s registered office.

  9. In matters not regulated by these Regulations, the provisions of Polish law, in particular the Civil Code, the Act on the Provision of Electronic Services, the Consumer Rights Act, and the GDPR shall apply

§ 13

PERSONAL DATA PROTECTION

1. The administrator of the personal data provided by the Clients when using the Store is Mega Sp. z o.o., Połczyńska 21A, 01-377 Warsaw, Poland.

2. The Client’s personal data is processed in accordance with applicable law, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), for the purpose of fulfilling Orders, handling complaints, providing Electronic Services, and, if the Client consents, for direct marketing of the Seller’s own products and services.

3. Detailed information on the processing of personal data is provided in the Privacy Policy available on the Store’s website.

4. The Client has the right to access, rectify, erase, or restrict the processing of their personal data, as well as the right to object, the right to data portability, and the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

5. Providing personal data is voluntary, but necessary to use the Store or conclude a Sales Agreement.