STORE REGULATIONS

GENERAL PROVISIONS

  1. These Regulations define the rules for the use of the Online Shop OptykRozmus.com, placing orders for products available in the Online Shop, delivery of ordered products to the Customer, payment by the Customer of the selling price of the products and other fees, the Customer's right to cancel the order and withdraw from the contract, as well as the rules for registration in the store.
  2. The operator of the Online Store OptykRozmus.com is the company Optyk Rozmus Eye Care S. C. NIP: 638-180-44-47, Regon: 242772896.
  3. The Operator of the OptykRozmus.com Internet Store provides the services listed in these Regulations on the terms specified therein.
  4. The condition for using the Services of OptykRozmus.com is reading these Regulations and accepting their provisions, as well as the provisions of the documents available through links from these Regulations and in the footer of the website www.optykrozmus.com (Returns Policy, Delivery Policy, Complaints, Privacy Policy, Security).
  5. A customer placing an order for contact lenses in the Store confirms that he or she has had an eye examination before placing the order and the lens parameters entered during the ordering process are in accordance with the results of these examinations and will not make any claims to OptykRozmus.com regarding their poor fit.

DEFENITIONS

  1. Operator of the Store, Seller - Operator of the online store OptykRozmus.com,
  2. Customer, User - any natural person with full legal capacity, legal person or organizational unit without legal personality, which is granted legal capacity by law.
  3. Entrepreneur - a User performing business activity within the meaning of the Polish law, specifically the Act of July 2, 2004, on freedom of business activity (consolidated text: Journal of Laws 2010 No. 220 item 1447 as amended).
  4. Consumer - a User who is a natural person making a legal action not directly related to his/her business or professional activity.
  5. Store - Internet Shop OptykRozmus.com available at the Internet address https://www.optykrozmus.com.
  6. Regulations - these Regulations for the provision of services by electronic means.
  7. Working Days - days of the week from Monday to Friday, excluding public holidays.
  8. User Account - a place available to Store Users after entering an e-mail address and password, which allows, among others, to order goods, track order status, change, and correct personal data, etc.

TYPES AND SCOPE OF SERVICES PROVIDED ELECTRONICALLY

  1. The Shop Operator sells goods through the Internet Shop OptykRozmus.com and provides a Newsletter service.
  2. Services provided electronically under these Regulations consist of enabling the use of the online store OptykRozmus.com in order to conclude a sales agreement and its implementation.
  3. The "Newsletter" service consists of sending messages containing information about current offers, promotions, discounts, and rebates. The service is free of charge and requires consent to send commercial information, as well as an indication of the e-mail address to which the messages are to be sent.
  4. The contract for the provision of services by electronic means is concluded for an indefinite period of time.
  5. Orders, can be placed after registration. In the case of making purchases after prior registration, a User Account is created.
  6. A user who has registered can place an Order after logging in to the User Account by providing an e-mail address and password.

DELIVERY

  1. Delivery of the goods is possible in the territory of the Republic of Poland, as well as outside its borders, and takes place at the address indicated by the Customer when placing the Order.
  2. Delivery of the ordered goods takes place via national postal carriers or courier service. It is also possible to pick up the goods in person at the optical salon in Pszczyna.
  3. Detailed delivery costs are described in the Delivery Policy page. In addition, delivery costs will be indicated at the time of placing the Order.
  4. The delivery period is from 1 to 30 working days counting from the day the Customer places the Order.
  5. Customers may access these Terms and Conditions at any time via the link provided on the home page of the Online Store.
  6. Recording, securing, making available, and confirming to the Customer the important provisions of the Agreement for sale of the Goods shall be done by sending to the Customer at the e-mail address provided and by attaching to the parcel containing the goods a printout of the confirmation, order specification, receipt or VAT invoice.

PRICES AND PAYMENT METHODS

  1. The prices of the goods are given in one of the following currencies: British Pounds (GBP), US Dollars (USD), or Euros (EUR), they include VAT and do not include delivery costs.
  2. In the list of products and on the pages of specific goods, in addition to the regular prices of the products, recommended retail prices (RRP) may also be displayed. These are values expressed in the appropriate currency and crossed out, but do not indicate that the price difference stems form a promotion/discount/sale.
  3. In the case of promotions/discounts/retail sales (clearly marked with relevant graphics), the price that applied before the reduction is shown next to the current price. This is the lowest price of the product from the 30 days prior to the discount (or, if the product has been available in the shop for less than 30 days, from the entire period prior to the discount).
  4. The Shop does not use automated profiling of consumer behavior and the prices shown are not personalized.
  5. The operator of the Store reserves the right to change prices of goods and shipping without prior notice to the User.
  6. Purchases in the Store can be paid for as follows:
    • by bank transfer to a bank account through an online payment operator
    • by credit card through an online payment operator
  7. The Shop Operator does not accept cash on delivery orders. All orders are processed after the payment is credited to the bank account.
  8. In case of payment by bank transfer to a bank account or by credit card through an online payment operator, the goods are shipped after the amount is credited to the account.
  9. The user can use the services of two electronic payment operators:
    1. PayU SA, based in Poznań, 60-166 Poznań, at 186 Grunwaldzka Street, a national payment institution, supervised by the Polish Financial Supervision Authority, registered in the Register of Payment Services under the number IP1/2012, entered in the Register of Entrepreneurs kept by the District Court in Poznań - Nowe Miasto and Wilda in Poznań, 8th Economic Department of the National Court Register under the number KRS 0000274399, holding tax identification number NIP: 779-23-08-495, REGON 300523444.
    2. FONDY LTD, registered at 16 St Martin's Le Grand London EC1A 4EN, United Kingdom, registration number 10063984, reference number 900705, authorized and regulated by the UK Financial Conduct Authority as an Electronic Money Institution.

TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS

  1. In order to use the services provided under these Terms and Conditions, the Customer should have:
    • Internet browser: internet explorer version not older than 8.0 or Mozilla firefox version not older than 9.0 or chrome version not older than 10.0 or opera version not older than 10.0,
    • java script enabled,
    • cookies enabled,
    • an active e-mail address.
  2. Detailed information about the purpose of storing and accessing information via cookies, as well as the possibility for the User to determine the conditions for storing or accessing the information contained in cookies, using the settings of the software installed in the telecommunications terminal equipment used by the User or the configuration of the service, are located in the Privacy Policy section.
  3. As a condition for the provision of services specified in the Regulations, the User is required to read and accept all provisions of these Regulations.

REGISTRATION, TERMS OF CONCLUSION AND TERMINATION OF CONTRACTS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS

  1. The user, in order to register, should fill in the registration form. For registration, it is necessary to provide: a delivery address, active e-mail address, login, and password.
  2. During registration, it is also possible to provide shipping data:
    • first and last name,
    • delivery address (street, building number, apartment number, postal code, city, province, country),
    • telephone number.
  3. The conclusion of the contract for the provision of electronic services is tantamount to making the following statements:
    • I accede to the use of services voluntarily,
    • I meet the conditions for becoming a user provided in the regulations,
    • The data contained in the registration form are true and do not violate the rights of third parties,
    • I confirm that my eyesight examination has been performed by a certified professional and I state that the lens parameters entered during the ordering process are consistent with the results of these examinations (applies only to customers ordering contact lenses),
    • I agree to conclude the agreement electronically,
    • I agree to the processing, collection, recording, storage, sharing, and deletion of my personal data by the store operator to the extent necessary to provide services electronically, in the manner specified in these Regulations,
    • I agree to receive system information, messages from the operator, and information about difficulties, changes, or technical interruptions in the operation of the store via the email address provided in the registration form.
  4. The user may terminate the contract for the provision of electronic services at any time.
  5. The operator of the Store may terminate the contract for the provision of services by electronic means if the User has not been active in the Store, in particular, has not placed an order or logged into the User's Account within 2 years from the last activity.
  6. Termination of the contract by either party, as well as its termination by mutual consent is tantamount to blocking the User's access to the User Account and its deletion.
  7. The Store Operator may terminate the contract for the provision of electronic services if:
    1. the purpose of registration or the manner of use of services is obviously contrary to the principles and purpose of the store,
    2. the user's activity is contrary to current moral norms, incites violence or committing a crime, and if it violates the rights of third parties,
    3. has received official notification of the unlawful nature of the data provided or related activities,
    4. has received reliable information about the unlawful nature of the data provided or related activity and has previously notified the user of its intention to prevent access to the user's account,
    5. the user engages in sending unsolicited commercial information,
    6. the user flagrantly or persistently violates the provisions of the Terms and Conditions,
    7. the address data provided by the buyer raises objectively reasonable doubts as to their correctness or truthfulness, and these doubts could not be removed by telephone contact or e-mail.
  8. By objectively justified doubts referred to in paragraph 7, item g. should be understood as, in particular, providing a non-existent locality, providing the name of a non-existent street in a given locality, providing fictitious data (e.g. fairy tale characters) as the name of the recipient, etc.
  9. A statement of termination of the contract for the provision of services by electronic means made by the Operator of the Store will be sent to the e-mail address provided in the User's Account.
  10. Termination of the contract for the provision of services by electronic means results in permanent deletion of the User Account.
  11. A notice of termination of the agreement for the provision of services by electronic means made by the User may be submitted by sending its content to the e-mail address provided for contact in the Contact section.
  12. If the termination was on the part of the Store Operator, re-registration is possible after obtaining the Operator's consent.
  13. Termination or termination by mutual consent of the contract for the provision of services by electronic means shall not affect the fulfillment of already concluded sales contracts unless the parties agree otherwise.
  14. The termination period in the cases indicated in paragraphs 5 and 7 is 14 days.

TERMS OF SALE

  1. The operator of the Shop sells goods presented on the pages of the online store OptykRozmus.com
  2. Parties to the contract of sale concluded through the Online Shop OptykRozmus.com are: Seller and Buyer.
  3. Information about goods along with the price presented on the pages of the Shop do not constitute an offer within the meaning of Polish law, Article 66 § 1 of the Act of April 23, 1964, Civil Code (Journal of Laws of 1964 No. 16, item 93 as amended; hereinafter: Civil Code). Information about the goods, including the price, presented on the pages of the Store is only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
  4. The Customer, by accepting these Regulations, confirms that he/she is at least 18 years old at the time of placing an order
  5. A Customer who places an order for contact lenses, by accepting these Regulations, confirms that at the time of placing the order he or she:
    • has a current (not older than 1 year) prescription for contact lenses from a qualified optometrist or eye doctor,
    • is ordering lenses for himself/herself in accordance with the prescription in his/her possession, and if he/she is ordering for a third party, the order is also in accordance with the prescription issued by the specialist for the third party,
    • has been trained by a specialist on how to use the lenses, how to store them and how to care for them,
    • follows and intends to follow the manufacturer's recommendations for the use, care, and storage of the products ordered,
    • is aware of the dangers of contact lenses, their improper use, cleaning, and storage,
    • undergoes regular check-ups at the ophthalmologist's or optometrist's office,
    • is aware of the dangers of using lenses other than those prescribed by a specialist and takes responsibility for the risks involved,
  6. The contract of sale is concluded by placing an order by the User and its acceptance by the Seller, subject to paragraphs 9-10. A detailed description of the procedure for concluding the contract of sale is specified in the provisions of paragraphs 7-11.
  7. Orders made through the website can be placed 24 hours a day throughout the year. Orders placed on working days after 12:00 p.m., on Saturdays, Sundays, and on holidays will be processed on the next working day.
  8. Placing an order via the website constitutes an offer to purchase within the meaning of Polish law, Article 66 § 1 of the Civil Code, and consists of the following actions:
    1. choosing the goods from among those presented on the store's pages and selecting the relevant parameters (applies to contact lenses with corrective powers and items available in different colors/sizes),
    2. adding them to the shopping cart,
    3. logging in to the user's account, unless it took place earlier
    4. choosing the method of delivery,
    5. accepting the Terms and Conditions of the Store
    6. click the "Pay Now" button and pay for the order.
  9. In response to a placed order, the Seller, within 5 working days, sends an e-mail to the e-mail address provided by the User or contacts him/her by phone in order to:
    1. accept the order (offer) - in this case, the sales contract is concluded on the day of the statement,
    2. refuse to accept the order (offer) - in this case the contract is not concluded,
    3. propose changes, the so-called counteroffer - in this case, the user's acceptance of the counteroffer is necessary to conclude the contract.
  10. The reason for the counter-offer referred to in paragraph 9, point c may be, in particular, such circumstances as lack of goods in stock or at the Store's suppliers, etc.
  11. The counteroffer referred to in paragraph 9.c is binding on the Seller within 2 working days. After this time, the counteroffer expires. Acceptance of the counteroffer by the User within the period of its validity (2 working days) results in the conclusion of a sales contract on the terms specified in the counteroffer.
  12. All prices presented on the pages of Shop OptykRozmus.com are given in one of the following currencies: GBP, USD, or EUR and include VAT.
  13. Contact by a representative of the Seller referred to in paragraph 9 is also an opportunity to correct any mistakenly given personal information or an order made incorrectly. Subsequent changes in the order may be difficult since from the moment of conclusion of the contract of sale the order is being fulfilled and the goods may already be on their way to the Buyer. Nevertheless, the Seller declares that the Store staff will do its best to enable the Buyer to change the delivery data at any time, even after the conclusion of the sales contract, as well as (until the shipment) to change the content of the order (please bear in mind that this may not be possible for custom made products whose production has already begun).
  14. The Seller may at any time verify the accuracy and truthfulness of the data entered by the User. The Seller has the right to withdraw from the contract of sale within 10 working days from the date of conclusion of the contract.
  15. The Customer is obliged to check whether the packaging has traces of opening or damage at the time of delivery in the presence of the courier or postal employee. If there are traces of opening or damage to the packaging that may have occurred during transport, the Customer is obliged to draw up an appropriate protocol with the courier or postal employee and immediately notify the Store Operator at the indicated e-mail address: cs@optykrozmus.com.
  16. The Seller is obliged to deliver the items in a defect-free condition.
  17. Each product is marked with information about the availability of the product at the supplier - individually for each type of lens. Delivery time means the approximate date by which the order should be sent to the Customer. In random situations related to the lack of the product in the supplier's warehouse, the Store Operator is obliged to inform the Customer about possible delays by e-mail or telephone.
  18. In the case of several products ordered in one shipment, the lead time corresponds to the longest lead time among the products, included in the order.
  19. Order processing time begins on the day the payment is credited to the account if the crediting takes place by 12:00 pm, subject to paragraph 7.
  20. After shipment of the purchased goods, the Store, as part of the fulfillment of the contract with the Buyer, may send the Buyer an e-mail invitation to complete a survey to examine his opinion of the transaction carried out. The Buyer is entitled, but not obliged, to fill it out.

WITHDRAWAL FROM THE CONTRACT OF SALE

  1. In accordance with Polish law, the Act of May 30, 2014, on Consumer Rights (Journal of Laws of 2014, item 827). The user who is a Consumer has the right to withdraw from the contract of sale without giving any reason within 14 calendar days from the date of delivery of the goods. In the store OptykRozmus.com Consumer has the right to withdraw from the contract of sale at any time, assuming that the expiration date of the returned lenses has not passed, and the returned goods are intact. Some products must be returned to the manufacturer in less than a month after purchase, so we consider each case of return individually, of course, with a guarantee of acceptance of the return made within 14 days of delivery of the goods. The possibility of withdrawal from the contract does not apply to products made to individual orders, in accordance with OJ 2020.287, ACT of May 30, 2014, on consumer rights, Art. 38. pt. 3. Detailed information on returns can be found in the Returns Policy section.
  2. The Consumer may withdraw from the contract by informing the Store Operator of his/her desire to withdraw from the contract by email to cs@optykrozmus.com.
  3. If the Consumer withdraws from the contract, the Consumer is obliged to return the item to the seller or give it to a person authorized by the seller to collect it immediately, but no later than 14 days from the day on which he or she withdrew from the contract unless the seller offered to collect the item himself or herself.
  4. The consumer is liable for any diminution in the value of the thing resulting from the use of the thing beyond what is necessary to ascertain the nature, characteristics, and functioning of the thing.
  5. The right of withdrawal from a contract concluded off-premises or at a distance does not apply to the consumer in respect of contracts:
    • for the provision of services, where the entrepreneur has performed the service in full with the express consent of the consumer, who has been informed before the start of the service that after the performance by the entrepreneur will lose the right to withdraw from the contract;
    • in which the subject of the provision is a non-refabricated thing, produced to the consumer's specifications or serving to meet his individualized needs (e.g. custom-made lenses);
    • in which the subject of the performance is an item subject to rapid deterioration or having a short shelf life;
    • in which the subject of the performance is an item supplied in a sealed package, which cannot be returned after opening the package for health protection or hygienic reasons if the package has been opened after delivery;
    • in which the subject of the service are things that after delivery, due to their nature, are inseparable from other things;
  6. The Shop operator will immediately, no later than within 14 days from the date of receipt from the Consumer of the returned products, return to the Consumer the cost of the purchased goods.
  7. The cost of shipping will be returned to the Consumer only in the case of return of goods resulting from manufacturing defects of products or mistakes made by the Shop Operator.

PRODUCT RATINGS AND REVIEWS

  1. The Shop Operator approves (or rejects) reviews written by Shop Users each time.
  2. The Operator does not allow paid reviews, does not censor the content of reviews and publishes both positive and negative reviews. Only reviews containing spam or illegal content are rejected.
  3. Negative reviews may be published along with the Store Operator's response to the allegations contained in the review.
  4. Only ratings (awarding a certain number of stars) and reviews left by Customers who have a given product in their order history are published. Ratings and reviews left by non-logged-in Store Users and by Customers who do not have the reviewed product in their order history will not be published.
  5. Reviews written by people who have received a given product as part of a collaboration (sponsorship) are clearly marked as such. These can be both positive and negative reviews, as we care about honest reviews describing authentic impressions of a given product, regardless of whether it was purchased or donated as part of a collaboration.
  6. The Customer attaching an image of him/herself to the review agrees to its publication and processing in accordance with the Privacy Policy.

RIGHTS AND OBLIGATIONS OF THE PARTIES

  1. The Shop Operator will make every effort to ensure that the Online Shop and all services made available through it operate continuously without any disruption.
  2. The Store Operator reserves the right to interfere with the technical structure of the User's Account in order to diagnose malfunctions of the Store's services.
  3. The Store Operator reserves the right to temporarily, but not longer than 48 hours, disable some of the functionality of the Store in order to improve it, add services or carry out maintenance.
  4. The user is obliged to immediately update the data provided during registration if they change.
  5. The User is obliged to keep secret and protect the login and password to access the User Account in such a way that no unauthorized persons have access to them.
  6. The User is not allowed to transmit unlawful content using the Store.

PERSONAL DATA PROTECTION

Detailed rules for processing personal data are described in the Privacy Policy section.

COMPLAINTS

  1. The User has the right to file a complaint regarding both the performance of the contract of sale and the performance of the contract for the provision of electronic services. In the event that a defect of the sold thing is found, the Seller shall be liable as specified in particular in the provisions of Articles 556 and 5561-5563 of the Civil Code.
  2. In case of non-delivery to the Customer, the first line of contact is the Store Administrator.
  3. A complaint notification should be submitted via e-mail and contain the following information:
    • first and last name,
    • order number
    • description of non-compliance of the goods with the contract,
    • date of purchase
  4. Adherence to paragraph 2 will facilitate and allow the complaint to be processed more efficiently.
  5. The complaint will be considered within 14 days from the date of delivery of the goods.
  6. The customer is obliged to send the product to the Operator of the Store to the address provided by the customer service team.
  7. Lenses which are the subject of the complaint should be suitable for expertise, i.e. they should be protected from drying out (immersed in lens care solution) and packed in a way that protects them from mechanical damage during shipment.
  8. In case of a complaint, the lenses will be forwarded by OptykRozmus.pl to the manufacturer. On the basis of the analysis performed by the manufacturer, the validity of the claim will be determined.
  9. Online store OptykRozmus.pl does not accept complaints involving:
    • mistakes made by the Customer when ordering goods (wrong parameters of lenses)
    • wrong selection of lenses for the Customer by the optician or ophthalmologist.
    • wrongly selected color of lenses not corresponding to the Customer's preferences
    • lack of timely eye check-ups with an ophthalmologist or optician/optometrist.
    • use of lenses not in accordance with their intended use including:
    1. causing the lenses to dry out (lack of use of care solution) after removal from the blister,
    2. leading to a tear or cavity on the lens due to careless handling,
    3. contamination of lenses with cosmetics or other chemicals that adversely affect the lens,
    4. leading, by the Customer, to soiling of the lenses, resulting in the inability to carry out their expertise,
    5. use of lenses for longer than recommended by the manufacturer.
  10. If the complaint is unjustified, for the reasons indicated in paragraph 9, the claimed lenses may be sent to the Customer or collected by the Customer at the premises of OptykRozmus.pl within 14 days from the date of considering the complaint.

TRADEMARK PROTECTION

  1. All elements of the Optyk Rozmus website, including graphics, technology, and design are protected by Optyk Rozmus® copyright. The name Optyk Rozmus® and the Optyk Rozmus logo are protected trademarks of Optyk Rozmus Eye Care S. C.
  2. It is prohibited to copy images and content from this website without prior permission from Optyk Rozmus Eye Care S. C.

FINAL PROVISIONS

  1. In matters not covered by these Regulations, the relevant provisions of Polish law shall apply.
  2. In case of a dispute arising in connection with the performance of an agreement concluded under these Regulations, the parties undertake to resolve it amicably acting in good faith.
  3. If it is not possible to reach an agreement in the manner indicated in paragraph 2. the court of competent jurisdiction to resolve the dispute will be the court having jurisdiction over the registered office of the Operator of the Store.
  4. These Terms and Conditions and related documents available through links are subject to change, and information about these changes will be placed in a prominent place on the main page of the Shop Operator and Customers registered in the "Newsletter" service will be informed about them in advance. Orders placed before the amendments to the Terms and Conditions became effective shall be subject to the provisions of the Terms and Conditions as in effect at the time of order placement.

COMPANY DETAILS

Optyk Rozmus Eye Care S. C.
Piastowska street 3
43-200 Pszczyna
Poland
NIP: 638-180-44-47
REGON: 242772896