Terms and Conditions

Online store regulations

I. PRELIMINARY PROVISIONS

1. These online store regulations set out the terms and conditions for sales and the provision of services within the online store operated at www.smartmemories.pl by Smart Memories sp. z o.o., with its registered office in Brzumin 4E (05-530), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 14th Commercial Division of the National Court Register under KRS number: 0001007959, NIP (Tax Identification Number) 1231523767, REGON (National Business Registry Number) 523923547.

2. The regulations are available on the store's website in a manner that allows for their acquisition, reproduction, and recording by printing or saving to a medium at any time, and they are provided to the customer after the conclusion of an agreement in a manner that enables access to them in the future.
3. Services and sales within the online store are intended for consumers and entrepreneurs.
4. Glossary of terms used in the regulations:

• business day – any day of the week from Monday to Friday, excluding statutory non-working days;
• customer – a natural person who has full legal capacity, a natural person running a business, a legal person, or an organizational unit without legal personality which is granted legal capacity by specific regulations, who enters into a sales agreement;
• product – an item presented in the online store, which is a movable object, intended for sale;
• regulations – this document;
• registration – a one-time process consisting of the creation of an account by the customer, performed using the registration form located on the store's website;
• online store – the online store operated by the seller, available at www.smartmemories.pl
• seller – Smart Memories sp. z o.o. with its registered office in Brzumin 4E (05-530), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 14th Commercial Division of the National Court Register under KRS number: 0001007959, NIP 1231523767, REGON 523923547;
• sales agreement – an agreement for the sale of a product within the meaning of the Civil Code, concluded between the customer and the seller as a result of an order;
• user – any individual internet user utilizing the electronic services provided in the online store;
• order – a declaration of intent submitted by the customer via the electronic order form, constituting an offer to enter into a sales agreement for a product presented in the online store

5. The seller has the right to organize occasional contests and promotions, the terms and rules of which will be provided each time in the regulations on the store's website.
6. Agreements concluded within the store are in Polish.

II. RULES FOR USING THE ONLINE STORE

1. In order to use the online store, the user's ICT system must meet the following requirements:

• internet access,
• web browser: Firefox, Microsoft EDGE, Chrome, Opera, Safari, IOS Safari;
• enabled Cookies and Javascript in the web browser,
• software for reading and saving PDF format files.

2. The use of electronic services may involve risks for any internet user, consisting of the possibility of harmful software being introduced into the user's ICT system, or the acquisition and modification of their data by unauthorized persons. It is recommended that the user employ appropriate technical measures to minimize these risks.
3. The seller informs that the store uses cookie mechanisms. The rules for their use are governed by the Privacy and Cookie Policy available on the store's website.
4. All rights to the online store, including proprietary copyrights, intellectual property rights to its name, internet domain, the online store's website, or rights to use them, as well as rights to forms and logos, belong to the seller, and they may be used only in a manner specified and compliant with the regulations, or otherwise with the seller's consent.

III. ELECTRONIC SERVICES

1. The seller provides users with the following free electronic services: account, order form, newsletter, and contact form.
2. To start using the account service, prior registration in the online store is required, which is completed by filling out and sending the registration form available on the store's website to the seller.
3. The agreement for maintaining an account is concluded upon the user's receipt of the registration confirmation and is for an indefinite period. The user may terminate the agreement at any time by sending an appropriate statement to the seller or by using the account deletion option.
4. The seller provides an order form allowing for the purchase of products presented in the store.
5. The user has the option to subscribe to the newsletter in order to receive commercial and promotional information from the seller to the provided email address.
6. The newsletter service is provided for an indefinite period. Each user may revoke their consent to receive the newsletter at any time by sending a request to the seller to be removed from the subscriber list.
7. The electronic contact form allows for contact with the seller.
8. In the event of a breach of these regulations, the seller may terminate the agreement for the provision of electronic services with immediate effect, after having first issued an unsuccessful call to cease the breach and setting an appropriate deadline.

IV. REGISTRATION AND ORDER CONDITIONS

1. Customers authorized to place orders for products are:

• those with the status of a registered store user,
• those without the status of a registered store user – who make purchases bypassing the registration and login procedure.

2. The status of a registered store user is obtained after performing the following actions:

• properly filling out the registration form found on the store's website (in particular, providing the personal data required in the form and setting a login and password);
• activating the account by clicking on the link sent to the customer's email address.

3. Registration steps are performed once. For each subsequent order, the customer uses the login and password established earlier on the store's website.
4. A customer with the status of a registered store user places an order after logging into the store by adding the product presented in the store to the cart, then confirming the order for the product by selecting the button – "Place order with payment obligation".
5. A customer without the status of a registered store user places an order by adding the product to the cart, then confirming the order for the product by selecting the button – "Place order with payment obligation" and providing the data necessary to fulfill the order in accordance with the procedure posted on the store's website.
6. After placing an Order, the Customer receives an email with an order summary and information about the registration of the Order in the Store.

V. SALE OF PRODUCTS

1. All products available in the online store are brand new, free from physical and legal defects, and have been legally introduced to the Polish market, unless the seller has marked them as substandard.
2. Prices of products presented in the store are gross prices and include all components, including VAT.
3. The product price does not include delivery costs.
4. Information about products presented in the online store does not constitute an offer, but an invitation to enter into an agreement.
5. To place an order, the order form must be filled out correctly.
6. Placing an order constitutes the customer's offer to conclude a sales agreement for the selected products. The customer automatically receives confirmation of the order's receipt into the seller's ICT system.
7. The seller sends confirmation of the order's acceptance for processing to the customer's email address, which constitutes a statement of acceptance of the customer's offer, and the sales agreement for the products is concluded at that moment.
8. After the sales agreement is concluded, the seller sends confirmation of all essential elements of the order to the email address provided by the customer.

VI. PAYMENTS

1. Payment for products and delivery costs can be made only according to the following options:

• cash (on delivery);
• via an online payment system on the store's website.

2. The seller allows payment via the tpay.com service. In this case, payment can be made via:

3. In the event that the seller introduces the possibility of delivery of the ordered product via Poczta Polska (Polish Post), payment on delivery via Poczta Polska will also be possible.
4. The customer's obligations resulting from the product sales agreement remain in force until full payment for the products and delivery costs has been made.

VII. DELIVERY

1. Product delivery is limited to the territory of the Republic of Poland.
2. The seller offers the following forms of product delivery:

• delivery via a courier company to the address indicated by the Customer during the order placement process;
• delivery via InPost to a parcel locker indicated during the order process.
• personal pickup at the seller's personal collection point.

3. Product delivery costs and order fulfillment times are indicated each time in the online store.
4. The order fulfillment time is counted in business days. The order fulfillment period begins on the day of receiving payment, and if payment is to be made on delivery – on the day the sales agreement is concluded.

VIII. PRODUCT COMPLAINTS

1. Complaints regarding products should be sent to the address: Smart Memories Sp. z o.o., Ostrówik 23B, 05-530 Góra Kalwaria, or by email, or via the contact form (available on the website).
2. A complaint can be filed, among other ways, by filling out and sending the complaint form available on the online store's website.
3. Product complaints will be processed within 14 days from the date of filing. The customer will be notified of the outcome of the product complaint via email or telephone.
4. The seller informs the customer about the possibility of using out-of-court complaint handling procedures, e.g., by the customer submitting a request for mediation or a request for the case to be considered before a permanent consumer arbitration court after the complaint procedure is completed (the request form can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). A list of permanent consumer arbitration courts operating at Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Out-of-court claim resolution after the complaint process is free of charge. In the case of a customer who is a consumer and wishes to use out-of-court claim resolution, there is an additional option to file a complaint via the EU online ODR platform, available at http://ec.europa.eu/consumers/odr/.
5. Complaints are filed in accordance with the procedure and rules described in detail on the store's website in the Returns and complaints tab.

IX. WITHDRAWAL FROM THE AGREEMENT

1. A customer who is a consumer may withdraw from the agreement without giving any reason within 14 days by submitting a withdrawal statement to the seller. The period for withdrawal from the agreement is counted from the day the product was delivered.
2. The customer may draft the statement independently or use the model withdrawal form (in the Returns and complaints tab).
3. In the event of withdrawal from a distance agreement, the agreement is considered null and void. What the parties have provided shall be returned in an unchanged state, unless the change was necessary to determine the nature, features, and functionality of the product. The return of products should take place immediately, no later than 14 days from the date of submission of the statement.
4. The seller will refund the payments made by the customer immediately, but no later than 14 days from the date of receipt of the consumer's statement of withdrawal from the agreement.
5. The seller may withhold the refund of payments to the Customer until the return of the Product is received.
6. The seller will refund the payment using the same method of payment used by the consumer, unless the consumer agrees to a different method of refund, and this method does not entail any costs for the consumer.
7. The customer bears only the direct cost of returning the product.
8. To speed up the return procedure, the seller recommends that returned products be sent to the address: Smart Memories Sp. z o.o., Ostrówik 23B, 05-530 Góra Kalwaria.

X. PERSONAL DATA

1. The customer's personal data registered in the store are processed by the seller as the personal data controller, based on the Act of 10 May 2018 on the protection of personal data (Journal of Laws of 2018, item 1000, as amended) and the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) of 27 April 2016 (OJ EU L 119, p. 1) ("Regulation") for purposes related to transactions concluded within the store and for purposes resulting from legitimate interests pursued by the seller, as well as based on the customer's consent – for purposes consistent with the content of the granted consent, including commercial and marketing purposes.
2. The customer may also consent to receive commercial and marketing information from the seller by electronic means. In such a case, personal data are processed by the seller based on consent – for purposes consistent with the content of the granted consent, including commercial and marketing purposes and purposes related to the newsletter dispatch service.
3. The provided data will be processed based on Article 6(1)(a), (b), and (f) of the Regulation for the purposes indicated in point 1 above.
4. Providing personal data by the customer in the store is voluntary, but necessary for concluding transactions within the store. Failure to provide personal data makes it impossible to create an account in the store and to conclude transactions within the store. This does not apply to the processing of data for commercial and marketing purposes, which is carried out only in the case of voluntary consent, independent of the transactions within the store.
5. The customer has the right to request from the seller access to their personal data, the right to rectify them, erase them, or restrict their processing.
6. The customer has the right to withdraw their consent to the processing of personal data at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
7. Personal data will be stored for the period necessary for the execution of transactions in the store and the handling of complaints, and are processed for the period the customer holds an account in the store, no longer than 3 years from the account closure in the store. If the customer performs a transaction without creating an account in the store, the data are processed for a period of 3 years from the date of the transaction. In the case of processing personal data for the seller's legitimate purposes, the data are stored for the time of their realization, and based on the customer's consent – the data are stored until the consent is withdrawn.
8. The customer has the right to lodge a complaint with the President of the Personal Data Protection Office when they believe that the processing of their personal data violates the provisions of law.
9. Additional information related to the processing of personal data is contained in the Privacy Policy.

XI. FINAL PROVISIONS

1. The seller has the right to amend the terms and conditions for important reasons, which are understood in particular as changes in the law. Orders accepted for execution before the entry into force of changes in the terms and conditions are carried out on the existing terms.
2. In matters not regulated by these terms and conditions, the provisions of applicable law shall apply, including the Civil Code and the Act on Consumer Rights.