Terms and Conditions

GENERAL INFORMATION

1. The online store, aluna.eu, is run by a company doing business as ALUNA® International Trade and Development Group spółka z ograniczoną odpowiedzialnością spółka komandytowa [Limited Liability Company Limited Partnership], Obornicka 11/13, 62-090 Bytkowo, entered into the Register of Entrepreneurs - National Court Register maintained by the District Court for Poznań - Nowe Miasto and Wilda in Poznań, 9th Commercial Division of the National Court Register under number 0000495553, NIP [Tax ID No.]: 781-189-24-21, REGON: 302639406.
   
   
2. You can contact the store by calling 61 656 66 06 or 61 656 66 07, by e-mail: aluna@aluna.eu, or writing to: St. Obornicka 11/13, 62-090 Bytkowo, Poland.
   
   

GLOSSARY

1. Seller: ALUNA® International Trade and Development Group spółka z ograniczoną odpowiedzialnością spółka komandytowa [Limited Liability Company Limited Partnership], Obornicka 11/13, 62-090 Bytkowo, entered into the Register of Entrepreneurs - National Court Register maintained by the District Court Poznań – Nowe Miasto i Wilda in Poznań, Ninth Commercial Division of the National Court Register, under the KRS no. 0000495553, NIP: 781-189-24-21, REGON: 302639406.
   
   
2. The online store: the online store run by a company doing business as ALUNA® International Trade and Development Group spółka z ograniczoną odpowiedzialnością spółka komandytowa [Limited Liability Company Limited Partnership], Obornicka 11/13, 62-090 Bytkowo, entered into the Register of Entrepreneurs - National Court Register maintained by the District Court Poznań – Nowe Miasto i Wilda in Poznań, Ninth Commercial Division of the National Court Register, under the KRS no. 0000495553, NIP: 781-189-24-21, REGON: 302639406, available at: https://ems.ms.gov.pl/krs/danepodmiotu.

   
   
3.  Consumer: a natural person who, together with entrepreneur, conducts a legal activity not directly related to their business or profession.
   
   
4.  Buyer: consumer or entrepreneur, a natural person with full or limited legal capacity, legal entity or organizational unit without legal personality but having legal capacity using an online store available at http://aluna.eu/category/en/pool-roofs?horizontal, including in particular, making a purchase.
   
   
5.  Shopping Cart: the functionality of an online store allowing the buyer to manage the order, namely, add or remove ordered products from the list, select delivery and payment methods and provide address and invoice data.
   
   

TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS

1. The Terms and Conditions herein simultaneously constitute terms and conditions for the provision of services by electronic means within the meaning of Article 8 of the Act of July 18, 2002 on providing services by electronic means (Journal of Laws of 2002 No. 144 Item 1204 as amended). The store provides the Terms and Conditions free of charge and provides an opportunity to read them before the conclusion of the contract, obtain them (download), reproduce, save and print using the information and communication system used by the user. Terms and Conditions can be downloaded in PDF.
   
   
2.  Buyers can place orders in the store if they meet the following technical requirements:

     a. Operating system: Windows, Mac, Linux.
     b. Processor: 1GHz or compatible.
     c. Had disk capacity: 2 GB and above.
     d. Graphic card: SVGA.
     e. Navigation: keyboard, mouse, indicator or other.
     f. Internet connection speed: 56.6kbps.
     g. Browser: Opera, Chrome, IE, Safari or compatible.

3. Access and browsing of the website aluna.eu does not require registration. To place an order, consumers must have an                          active e-mail account.
   
   
4. The user must use the online store according to its intended purpose. Placement of unlawful content on the site aluna.eu is prohibited.
   
   

PRICING

1. The prices listed on the website of the online store and the descriptions of the goods are commercial information only and do not constitute an offer within the meaning of the Civil Code. They become binding only after the Seller accepts the order.
   
   
2.  All prices are the gross prices (inclusive of VAT) and are expressed in Polish currency (PLN).
   
   
3. Shipping costs are not included. Shipping method is regulated in Section VII of the Terms and Conditions and the costs are provided in the "Shipping costs” tab.
   
   
4. Any changes to the Terms and Conditions, prices of goods provided on the website aluna.eu, new product information, promotional campaigns and sales provided on the store pages or changes thereto, shall not affect orders submitted before the date of entry into force of the price change, terms of promotion or sale or concluded contracts.

 
PLACING ORDERS

1. Orders in the online store http://aluna.eu/category/en/zadaszenia-basenowe-akcesoria?horizontal are submitted on the store’s website in the domains aluna.eu and aluna.pl, all week (24/7).
   
   
2. Before placing an order, the Buyer should make a statement (by ticking the appropriate box) confirming the reading and acceptance of the Terms and Conditions.
   
   
3. To place an order, the Buyer provides the relevant data in the order form, namely the name or business name, the exact address of the residence or registered address of the company, the e-mail address and the contact telephone number. For the order to be executed, the Buyer's data must be correct.
   
   
4. Before placing an order, the Buyer should make a statement (by ticking the appropriate box) confirming the reading of the store's privacy policy and consenting to the storage and processing of their personal data for the performance of the contract.
   
   
5. Buyer places an order by adding goods to the Shopping Cart, providing their personal information and delivery and payment information. Next, the Buyer confirms the order by clicking the "order payment" button, which accepts the order to buy goods offered by the Seller.
   
   
6. The Buyer will be sent an e-mail message to the provided e-mail address with a summary of the order placed.
   
   
7. Acceptance of the order will be confirmed by the Seller by telephone or e-mail. The contract is considered concluded at the time the Seller accepts the Buyer's offer and confirms the order. All payments made by the Buyer shall be considered a prepayment for the performance of the order.
   
   
8. The Seller assures that they will make every effort to ensure that the goods displayed on the website aluna.eu are consistent with the current stock levels. If the ordered goods are unavailable, whether permanently or temporarily, the Seller shall immediately notify the Buyer. If the Buyer paid for the order but the goods are not available, the Seller will reimburse the total amount received from the Buyer.
   
   
9. If part of the order cannot be executed, the Buyer can

      a. Cancel the whole order;
      b. Cancel part of the order that cannot be executed;
     c. Divide the order and agree with the online store on a new deadline for the part of the order that cannot be executed.

10.  In the case of promotional sales and sales, where the number of goods is limited, orders will be executed according to the placement sequence of confirmed orders for those goods, until the stocks covered by this form of sales are sold unless   the Terms and Conditions of the promotion or sale provide otherwise.

 
PERSONAL DATA

1. Placing an order at the online store http://aluna.eu/category/en/zadaszenia-basenowe-akcesoria?horizontal requires prior consent of the Buyer for the storage and processing by the Seller of their personal data included in the order in accordance with the provisions of the Act of August 29,1997 on the protection of personal data (consolidated text, Journal of Laws of 2016, Item 922 as amended).
   
   
2. The online store respects Buyer's privacy rights and informs that the Buyer's personal data will be processed solely for the performance of the sales contract, in particular the effective acknowledgment of receipt and acceptance of the order for execution and shipment of the goods to the address specified by the Buyer. The Buyer has the right to inspect personal data stored by the Seller, to change or remove them from the system.
   
   
3. With the Buyer's consent, their personal information will also be processed to provide information materials and marketing offers in a newsletter.

 
PAYMENT

1. Payments to the Internet store are made:
   

     a. By transfer to the Seller's bank account - the Buyers themselves log in to their Internet bank account. By using this form of payment, the Buyer does not incur any additional costs (unless such costs are provided by the Buyer's bank).
     b. By COD - according to the Buyer's choice.

2. The date of payment shall be the date of crediting the Seller’s bank account. The Buyer shall pay the final price, which includes in the purchase price of the goods the shipping costs and other costs of services related to the goods purchased by the Buyer that were indicated when placing the order.

 
SHIPMENT

1. Goods ordered by the Buyer are shipped and delivered exclusively in the territory of the Republic of Poland.
   
   
2. Delivery of goods is carried out by courier of the courier company selected by the Seller. The Seller reserves the right to change the courier service, even after placing an order by the Buyer.
   
   
3.  At the time of releasing the goods to the courier, the Buyer is notified electronically by an email sent to the account stated in the order.
   
   
4. Shipping time is indicated on the online store website http://aluna.eu/category/en/zadaszenia-basenowe-akcesoria?horizontal The Seller will make every effort to ensure that the delivery of the goods takes place within the time stated on the product page in the online store, but this is an approximate time from accepting an order to its shipment. Actual time includes the period of completing all the goods ordered and depends on the availability of goods.
   
   
5. In the event that the goods cannot be shipped within the aforementioned period, the store will immediately inform the Buyer. Maximum time of delivery confirmation is 48 hours within the consecutive business days.
   
   
6. The Buyer may also pick up the goods in person from the Seller.
   
   
7. The total cost of delivery of goods is covered by Buyer.
   
   
8. The cost of delivery by the courier is dependent on the volume of goods and is shown for each commodity. The cost of delivery is binding at the time of placing the order.
   
   
9. The Buyer must confirm the receipt of the goods at the time of delivery. The Buyer is required to examine the shipment in time and in the manner adopted for such consignments; If the Buyer finds a defect or damage that occurred during shipment, the Buyer must follow all the necessary steps to establish the liability of the carrier.
   
   
10.  Checking the condition of the shipment and determining the nature of the damage or destruction of the package made in the presence of the courier or mail employee, including the preparation of the damage protocol, will help the Seller to review the complaint.
Each courier will carry a sample complaint form.
    
    
11. In the case of submitting a complaint the costs of transport of the goods shall be incurred by the Seller.

 
CANCELING THE CONTRACT

1. The Consumer Buyer has the right to cancel the sale contract within 14 days of the delivery of the goods without giving a reason by submitting a statement of cancellation to the Seller. The Consumer may send a statement to the postal address and e-mail address indicated in Section I of the Terms and Conditions.
   
   
2. Statement of cancellation may be submitted on the form which is provided in Annex 1 to the Terms and Conditions and is made available to the Buyer who is also Consumer together with the confirmation of the execution of the contract.
   
   
3. Statement should be made before the expiration of the deadline.
4.  The right of withdrawal is not granted in the following cases:
     a. When the subject of the service is a non-prefabricated item, manufactured to the Consumer's specifications or intended to meet their individual needs,
     b. When the subject of the service is delivered in a sealed package which cannot be returned for health or hygiene reasons after opening the package if the package has been opened after delivery,
     c. When the subject matter of the service are goods, which, after being delivered, by their nature, are inseparably linked with other goods.
     d. When the subject matter are audio or visual recordings or computer programs delivered in a sealed package if the packaging has been opened after delivery.
     e. When the subject of the service is to provide digital content that is not recorded on a material medium, if the performance of the service has begun with the Consumer's expressed consent prior to the expiration of cancellation period or after the Consumer is informed by the Seller of the loss of the right of cancellation.
   
   
5.  The Consumer, when exercising the right of cancellation, must return the goods to the Seller or transfer them to a person authorized by the Seller to their collection immediately, but no later than 14 days after the date of cancellation.
   
   
6. The cost of return of goods shall be borne by the Buyer. The Buyer is required to secure the goods returned to prevent damage during transport. The transport of the goods under warranty through the Seller and under the guaranty is done at the order and cost of the Seller through a courier service. Seller does not accept COD deliveries.
   
   
7. Returned goods should be complete in all respects. The Customer is liable for reducing the value of the goods resulting from the use thereof beyond what is necessary for stating the nature, type and functioning of the goods.
   
   
8.  The return of all payments made by the Consumer, including delivery cost (up to the amount of the lowest-cost delivery option available in the offer), will be made within 14 days of receiving the Consumer's cancellation statement. Payment refund will be made using the same form of payment as used by the Buyer, unless the Buyer has agreed to another form of return of funds paid.
   
   
9. The store may withhold payment until the goods are returned or until proof of return is provided.

 
WARRANTY AND GUARANTY

1. The goods sold through the online store http://aluna.eu/category/en/zadaszenia-basenowe-akcesoria?horizontal are brand new and are covered by the manufacturer's warranty.
   
   
2.  The Seller is obliged to provide the Buyer with goods with no defects. If, after the goods have been delivered to the Buyer, the Buyer finds that the goods have defects, the Buyer may exercise the warranty rights granted by the manufacturer. The warranty period and terms are specified in the warranty document provided to the Buyer along with the goods. The Seller enables mediation in the warranty procedure (applicable to the goods covered by the warranty).
   
   
3.  The Consumer Buyer may also file a claim for defects in material nature (nonconformity of goods with the contract) and legal nature of goods.
   
   
4.  In the case of sales of goods traded between traders pursuant to Article 558 § 1 of the Civil Code, the Parties exclude the Seller from liability for material and physical defects, and in particular the Parties agree that the Seller is not liable for hidden defects in the subject matter of the sale either.
   
   
5.  If you have a complaint, please contact the Seller by sending an e-mail to: aluna@aluna.eu. Complaints can be submitted by mail or in person.
   
   
6.  The Seller must respond to the warranty claim within 30 days of receipt.
   
   
7.  The Seller is liable under the guaranty if a physical defect is discovered within two years of receipt of goods.
   
   
8.  If a physical defect is discovered within one year of the date of issue of the item sold, it is presumed that the defect or cause of the defect existed at the time of the transfer of danger to the Consumer.

 
FINAL PROVISIONS

1. In matters not regulated by the Terms and Conditions, the relevant provisions of the Civil Code and the Consumer Rights Act are applicable.
   
   
2. The store Terms and Conditions do not exclude, limit or suspend the rights of consumers under the Civil Code and the Consumer Rights Act.
   
   
3. The individual settings of the computer hardware used by the Buyer at the time of placing the order may cause a difference between the appearance of the product presented on the website of the online store and the appearance of the goods delivered to the Buyer. In this case, the Consumer is entitled to cancel the contract.
   
   
4.  All goods and names presented on the website aluna.eu are used for identification purposes only and may be registered trademarks of their respective owners.
   
   
5.  Any disputes within the meaning of the Civil Code that arise between a non-consumer Customer and the store will be settled by the court competent for the registered address of the store.
   
   
6. The Seller reserves the right to change these Terms and Conditions. The amendment of the Terms and Conditions shall take effect no later than 7 days after its publication on the website aluna.eu in the revised version. Orders submitted by Customers prior to the effective date of amendments to the Terms and Conditions will be executed according to the existing provisions of the Terms and Conditions.
   
   
7. The consumer Customer may use out-of-court complaint and redress procedures. The rules for using such procedures are available at the offices and on the websites of county (municipal) consumer ombudsmen, social organizations whose statutory tasks include protection of consumers and Provincial Inspectorates of Commercial Inspection.
   
   
8.  The provisions of these Terms and Conditions shall enter into force on March 22, 2017.