Store terms and conditions

TERMS AND CONDITIONS OF THE ONLINE STORE

These Regulations define the general conditions, rules and method of sales conducted by Artur Marek, conducting business activity under the company Lightbay Artur Marek with its registered office in Krakow, via the online store www.lightbay.eu (hereinafter referred to as: “Online Store”).

§1 Definitions

Working days – means days of the week from Monday to Friday, excluding public holidays.
Delivery – means the actual act of delivering to the Customer by the Seller, through the Supplier, the Goods specified in the order.
Supplier – means a courier company with which the Seller cooperates in the delivery of Goods.
Customer – means an entity with whom a Sales Agreement may be concluded in accordance with the Regulations and the law.
Consumer – means a natural person making a legal transaction with the entrepreneur not directly related to his business or professional activity.
Entrepreneur – means a natural person, a legal person or an organizational unit that is not a legal person, to whom the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.
Entrepreneur with Consumer Rights – means a natural person concluding a Sales Agreement directly related to its business activity, when the content of the Sales Agreement shows that it does not have a professional nature for this Entrepreneur, resulting in particular from the subject of his business activity, made available on based on the provisions on the Central Registration and Information on Economic Activity.
Regulations – means these regulations.
Seller – means Artur Marek running a business under the name Lightbay Artur Marek with its registered office in Krakow (30-298), ul. Nad Źródłem 6, NIP: 6792502854, REGON: 122583903, entered into the Central Register and Information on Economic Activity kept by the Minister of Development and Technology; e-mail: shop@lightbay.eu, which is also the owner of the Online Store.
Seller’s Office – means the place of business.
Store Website – means websites under which the Seller runs the Online Store, operating in the domain www.lightbay.eu
Goods – means a product presented by the Seller via the Shop Website, which may be the subject of a Sales Agreement.
Durability – the ability of the Goods to maintain their functions and properties in the course of normal use.
Durable medium – means a material or tool enabling the Customer or the Seller to store information addressed personally to him, in a way that allows access to information in the future for a period of time appropriate to the purposes for which this information is used, and which allows the stored information to be reproduced in an unchanged form.
Sales contract – means a sales contract concluded at a distance, on the terms set out in the Regulations, between the Customer and the Seller.

§2 General provisions and use of the Online Store

All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Store Website, as well as to patterns, forms, logos posted on the Store Website (except for logos and photos presented on on the Store Website for the purpose of presenting goods to which copyrights belong to third parties) belong to the Seller, and they may be used only in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
The Seller will make every effort to ensure that the use of the Online Store is possible for Internet users using all popular web browsers, operating systems, types of devices and types of Internet connections. The minimum technical requirements enabling the use of the Store Website are a web browser in the version of at least Internet Explorer 11 or Chrome 89 or Firefox 86 or Opera 53 or Safari 5 or newer, with Javascript enabled, accepting “cookies” and an Internet connection with a bandwidth of at least 256 kbit/s. The Store’s website is optimized for a minimum screen resolution of 1024×768 pixels.
The Seller uses the mechanism of “cookies” which, when the Customers use the Shop Website, are saved by the Seller’s server on the hard drive of the Customer’s end device. The use of “cookies” is aimed at the correct operation of the Store’s Website on the Customer’s end devices. This mechanism does not destroy the Customer’s end device and does not cause configuration changes in the Customer’s end devices or in the software installed on these devices. Each customer can disable the “cookies” mechanism in the web browser of his end device. The Seller indicates that disabling “cookies” may, however, cause difficulties or prevent the use of the Store Website.
In order to place an order in the Online Store via the Store Website or via e-mail and to use the services available on the Store Website, it is necessary for the Customer to have an active e-mail account.
It is forbidden for the Customer to provide unlawful content and for the Customer to use the Online Shop, the Shop Website or free services provided by the Seller in a manner contrary to the law, decency or infringing the personal rights of third parties.
The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use antivirus programs and programs that protect the identity of those using the Internet.
It is not allowed to use the resources and functions of the Online Store for the purpose of conducting activities by the Customer that would violate the Seller’s interest, i.e. advertising activities of another entrepreneur or product; activity consisting in posting content unrelated to the activity of the Seller; activity consisting in posting untrue or misleading content.

§3 Orders

The information contained on the Store Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a Sales Agreement.
The Customer may place orders in the Online Store via the Store’s Website or e-mail 7 days a week, 24 hours a day.
The customer placing an order via the Shop Website completes the order by selecting the Goods he is interested in. The Goods are added to the order by selecting the “ADD TO CART” command under the given Good presented on the Shop Website. After completing the entire order and indicating in the “CART” the method of Delivery and the form of payment, the Customer places the order by sending the order form to the Seller, selecting the “Order with obligation to pay” button on the Store’s Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Sales Agreement.
The customer placing an order via e-mail sends it to the e-mail address provided by the Seller on the Shop Website. In the message sent to the Seller, the Customer provides in particular: the name of the Good, the color and its quantity, from among the Goods presented on the Store Website and his contact details.
After receiving from the Customer by e-mail the message referred to in §3 sec. 4, the Seller sends a return message to the Customer via e-mail, providing his registration data, the price of selected Goods and possible forms of payment and method of delivery along with its cost, as well as information on all additional payments that the Customer would have to pay under the Sales Agreement. The message also contains information for the Customer that the conclusion of the Sales Agreement via e-mail entails the obligation to pay for the ordered Goods. Based on the information provided by the Seller, the Customer may place an order by sending an e-mail to the Seller indicating the selected form of payment and method of Delivery.
Placing an order constitutes the Customer’s submission to the Seller of an offer to conclude a Sales Agreement for the Goods being the subject of the order.
After placing the order, the Seller sends a confirmation of its submission to the e-mail address provided by the Customer.
Then, after confirming the order, the Seller sends information about the acceptance of the order to the e-mail address provided by the Customer. Information about the acceptance of the order for execution is the Seller’s declaration of acceptance of the offer referred to in §3 section 6 above and upon its receipt by the Customer, a Sales Agreement is concluded.
After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a Durable Medium, to the Customer’s e-mail address or in writing to the address indicated by the Customer when placing the order.
When making payments for the purchased Goods, listed in Appendix No. 15 to the Act of March 11, 2004 on tax on goods and services (consolidated text: Journal of Laws of 2018, item 2174, as amended), which payments are documented with an invoice in which the total amount due exceeds PLN 15,000 gross or the equivalent of this amount – taxpayers are obliged to apply the split payment mechanism, in accordance with applicable regulations, if applicable to the Customer placing the order.

The invoice issued by the Seller referred to above should contain the words: “split payment mechanism”. The parties to such a transaction are required to have a settlement account referred to in Art. 49 sec. 1 point 1 of the Act of August 29, 1997 – Banking Law, or a personal account in a cooperative savings and credit union opened in connection with business activity, kept in the Polish currency.

§4 Payments

The prices on the Shop Website placed next to the given Goods are gross prices and do not contain information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when choosing the method of Delivery and placing the order.
The Customer may choose the following payment methods for the ordered Goods:
bank transfer to the Seller’s bank account (in this case, the execution of the order will start after the Seller sends the Customer confirmation of the order and after the funds are credited to the Seller’s bank account);
payment card, bank transfer, apple pay, google pay or BLIK via the external payment system imoje.pl, operated by ING Bank Śląski with its registered office in Katowice (in this case, the execution of the order will start after the Seller sends the confirmation of acceptance of the order to the Customer and after the funds have been credited to the Seller’s bank account after receiving information from the Przelewy24.pl system about the successful completion of the payment);
The customer should make the payment for the order in the amount resulting from the concluded Sales Agreement within 7 Business Days, after which the order will be canceled automatically.
In the event of the Customer’s failure to make the payment within the time limit referred to in §4 sec. 4 of the Regulations, the Seller will withdraw from the Sales Agreement pursuant to art. 491 of the Civil Code.

§5 Delivery

The Seller performs the Delivery within the territory of the European Union.
The Seller is obliged to deliver the Goods in accordance with the Sales Agreement.
The Seller publishes information on the number of Working Days needed for the Delivery and execution of the order on the Store’s Website.
The date of Delivery and execution of the order indicated on the Store’s Website is counted in Business Days in accordance with §4 section 2 of the Regulations.
The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
On the day of sending the Goods to the Customer, information confirming the dispatch of the shipment by the Seller is sent to the Customer’s e-mail address.
The customer is obliged to examine the delivered parcel in time and in the manner accepted for parcels of a given type. In the event of a loss or damage to the shipment, the Customer has the right to request the Supplier’s employee to draw up a proper report.
The Seller, in accordance with the will of the Customer, attaches a VAT invoice in electronic form to the shipment being the subject of the Delivery, sent to the indicated e-mail address, covering the delivered Goods.
In the event of the Customer’s absence at the address indicated by him, provided when placing the order as the Delivery address, the Supplier’s employee will leave a notice or attempt to contact by phone to determine the date on which the Customer will be present. In the event of returning the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or telephone, re-arranging the date and cost of Delivery with the Customer.

§6 Warranty for Entrepreneurs

The Seller ensures the Delivery of Goods free from defects. The Seller is liable to the Entrepreneur if the Goods have a defect.
If the Goods have a defect, the Entrepreneur may:
- submit a statement of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Entrepreneur replaces the defective Goods with defect-free Goods or removes the defect.

This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with defect-free Goods or remove defects. The Entrepreneur may, instead of the defect removal proposed by the Seller, demand the replacement of the Goods free of defects or, instead of replacing the Goods, demand the removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Entrepreneur would be exposed by a different method of satisfaction. The Entrepreneur cannot withdraw from the Sales Agreement if the defect is insignificant.

- demand replacement of defective Goods with goods free from defects or removal of the defect. The Seller is obliged to replace the defective Goods with defect-free Goods or remove the defect within a reasonable time without excessive inconvenience to the Entrepreneur.

The Seller may refuse to satisfy the Entrepreneur’s request if bringing the defective Goods into compliance with the Sales Agreement in a manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the other possible way of bringing them into compliance with the Sales Agreement. The costs of repair or replacement are borne by the Seller.

The Seller is liable under the warranty if a physical defect is found within two years from the release of the Goods to the Entrepreneur. A claim for removal of a defect or replacement of the Good with a defect-free one expires after one year, but this period cannot end before the expiry of the period specified in the first sentence. Within this period, the Entrepreneur may withdraw from the Sales Agreement or submit a statement of price reduction due to a defect in the Goods. If the Entrepreneur demanded the replacement of the Goods with a defect-free one or the removal of the defect, the deadline to withdraw from the Sales Agreement or submit a price reduction statement begins with the ineffective expiry of the deadline for replacing the Goods or removing the defect
The entrepreneur who exercises the rights under the warranty is obliged to deliver the defective item to the Seller’s address. The Entrepreneur covers the cost of delivery.
Any complaints related to the Goods or the implementation of the Sales Agreement may be submitted by the Entrepreneur in writing to the Seller’s address
The Seller, within 14 days from the date of the request containing the complaint, will respond to the complaint of the Goods or the complaint related to the implementation of the Sales Agreement reported by the Entrepreneur.

§7 Non-compliance of the goods with the contract

Complaint of the Consumer and the Entrepreneur with the rights of the Consumer

The goods are compliant with the contract if, in particular, their:
- description, type, quantity, quality, completeness and functionality, and in relation to goods with digital elements – also compatibility, interoperability and availability of updates;
- suitability for a specific purpose for which it is needed by the Consumer or Entrepreneur with Consumer rights, about which the Consumer or Entrepreneur with Consumer rights notified the Seller at the latest at the time of conclusion of the contract and which the Seller accepted.
In addition, in order to be considered compliant with the contract, the Goods must:
- be fit for the purposes for which Goods of this type are usually used, taking into account applicable laws, technical standards or good practices;
- occur in such quantity and have such features, including Durability and safety, and in relation to Goods with digital elements – also functionality and compatibility, which are typical for Goods of this type and which the Consumer or Entrepreneur with Consumer rights may reasonably expect, taking into account take into account the nature of the Goods and the public assurance made by the Seller, his legal predecessors or persons acting on their behalf, in particular in the advertisement or on the label, unless the Seller proves that:
- did not know about the public assurance and, judging reasonably, could not have known about it;
- prior to the conclusion of the contract, the public assurance was rectified in the terms and form in which the public assurance was given, or in a comparable manner;
  - iii. the public assurance did not affect the decision of the Consumer or Entrepreneur with Consumer rights to conclude the contract.
- be delivered with packaging, accessories and instructions that the Consumer or Entrepreneur with Consumer rights may reasonably expect to be provided;
- be of the same quality as the sample or pattern that the Seller made available to the Consumer or Entrepreneur with Consumer rights before the conclusion of the contract, and correspond to the description of such sample or pattern.
The Seller shall not be liable for the non-compliance of the Goods with the contract in the scope referred to in §7 section 2, if the Consumer or Entrepreneur with Consumer rights, at the latest at the time of concluding the contract, was clearly informed that a specific feature of the Goods deviates from the requirements of compliance with the contract set out in §7 para. 2, and clearly and separately accepted the lack of a specific feature of the Goods.
The Seller is liable for the lack of conformity of the Goods with the contract resulting from improper installation of the Goods, if:
- it was carried out by the Seller or under his responsibility;
- improper installation carried out by the Consumer or Entrepreneur with Consumer rights resulted from errors in the instructions provided by the entrepreneur or a third party.
The Seller shall be liable for the non-compliance of the Goods with the contract existing at the time of their delivery and revealed within two years from that moment, unless the expiry date of the Goods specified by the Seller, its legal predecessors or persons acting on their behalf is longer . It is presumed that the lack of conformity of the Goods with the contract, which was revealed before the expiry of two years from the moment of delivery of the goods, existed at the time of its delivery unless it is proven otherwise or the presumption cannot be reconciled with the specificity of the Goods or the nature of the lack of conformity of the Goods with the contract.
The Seller may not invoke the expiry of the deadline to determine the non-conformity of the Goods with the contract specified in §7 section 5, if this deficiency was deceitfully concealed.
If the Goods are inconsistent with the contract, the Consumer or Entrepreneur with Consumer rights may demand its repair or replacement.
The Seller may make a replacement when the Consumer or Entrepreneur with Consumer rights requests repair, or the Seller may make repairs when the Consumer or Entrepreneur with Consumer rights requests replacement, if the Goods are brought into conformity with the contract in a manner chosen by the Consumer or Entrepreneur with Consumer rights. is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the goods into compliance with the contract.
When assessing the excess of costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the non-compliance of the Goods with the contract, the value of the Goods in accordance with the contract and excessive inconvenience to the Consumer or Entrepreneur with Consumer rights resulting from the change in the way of bringing the Goods into compliance with the contract.
The Seller repairs or replaces it within a reasonable time from the moment the Seller was informed by the Consumer or Entrepreneur with Consumer rights about the lack of conformity

§8 Guarantee

Goods sold by the Seller may be covered by a guarantee provided by the producer of the Good or the distributor.
In the case of Goods covered by the guarantee, information on the existence and content of the guarantee is each time presented on the Store Website.

§9 Withdrawal from the Sales Agreement

A Customer who is a Consumer and an Entrepreneur with Consumer rights who has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason.
The deadline for withdrawing from the Sales Agreement starts from the moment the Goods are taken over by the Consumer, the Entrepreneur with the rights of the Consumer or a third party other than the carrier indicated by them. The Consumer and the Entrepreneur with Consumer rights may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. The statement can be submitted on the form, the model of which has been posted by the Seller on the Store’s website at the address: Withdrawal form. To meet the deadline, it is enough to send a statement before its expiry. The Consumer and the Entrepreneur with Consumer rights may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller via the form available on the website at: Electronic Withdrawal Form. To meet the deadline, it is enough to send a statement before its expiry. The Seller immediately confirms to the Consumer and the Entrepreneur with Consumer rights the receipt of the form submitted via the website.
In the event of withdrawal from the Sales Agreement, it is considered void.
If the Consumer or Entrepreneur with Consumer rights made a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the statement of the Consumer or Entrepreneur with Consumer rights on withdrawal from the Sales Agreement, return all payments made by him, including delivery costs. The Seller may withhold the reimbursement of payments received from the Consumer or Entrepreneur with Consumer rights until the Goods are returned and checked.
The Consumer or Entrepreneur with Consumer rights is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is enough to send the Goods back to the Seller’s address before the deadline expires.
In the event of withdrawal, the Customer who is a Consumer or an Entrepreneur with Consumer rights bears only the direct costs of return.
If, due to its nature, the Goods cannot be returned by regular mail, the Seller informs the Consumer and the Entrepreneur with Consumer rights about the cost of returning the item on the Shop Website.
The Consumer and the Entrepreneur with Consumer rights are responsible for the decrease in the value of the Goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
The Seller refunds the payment using the same method of payment as used by the Consumer or Entrepreneur with Consumer rights unless the Consumer or Entrepreneur with Consumer rights has expressly agreed to a different method of return, which does not involve any costs for him.

§10 Protection of personal data

The rules for the protection of Personal Data are included in the Privacy Policy.

§11 Final Provisions

The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller is liable only in the event of intentional damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur.
The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Store’s Website.
In the event of a dispute arising on the basis of the concluded Sales Agreement, the parties will strive to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.
The Seller informs the Customer who is a Consumer about the possibility of using extrajudicial means of dealing with complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized to settle disputes out of court. They may be, in particular, consumer ombudsmen or Voivodship Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection. The Seller informs that at the address http://ec.europa.eu/consumers/odr/, there is an online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform).
The Seller reserves the right to change these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations that were in force on the date of placing the order by the Customer. The amendment to the Regulations comes into force within 7 days from the date of its publication on the Shop Website. The Seller will inform the Customer 7 days before the entry into force of the new Regulations about the change in the Regulations by means of an e-mail message containing a link to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact, which results in the termination of the contract.
Agreements with the Seller are concluded in Polish.
The Regulations come into force on April 20, 2023.

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