Regulations

Terms and Conditions of the online store magicstairlighting.com

Contents:

1. Definitions
2. Technical requirements
3. General information
4. Orders
5. Prices and  payments
6. Delivery
7. Withdrawal from the Sale Agreement and the products’ return
8. General Warranty Rules
9. Complaints
10. Personal  data protection
11. Some provisions regarding Entrepreneurs
12. Free services
13. Final provisions

Appendix 1 Guarantee for products marked with the smartLEDs logo

Appendix 2 Declaration of withdrawal from a Consumer sales contract

Appendix  3 Complaint form

1. Definitions

The below mentioned terms used in these Terms and Conditions are always to be understood as:

Store – online store operated by the Administrator at internet address https://magicstairlighting.com

Terms and Conditions – these Terms and Conditions of the Store

Privacy and Cookies Policy – an integral part of these Terms and Conditions, available under link https://magicstairlighting.com/privacy-policy-cookies/

Administrator/Seller – Apacheta Smart System Roman Jarocki ; address: Poland, 05-807 Podkowa Leśna, ul. Sarnia 41;  entered in the Central Register of Information on Economic Activity of the Republic of Poland, NIP: 113-082-84-65, REGON: 015504134, email: magic (at) magicstairlighting.com

EEA – The European Economic Area, consisting of the Member States of the European Union (EU) and three countries of the European Free Trade Association (EFTA) (Iceland, Liechtenstein and Norway; excluding Switzerland).

Store Operation Area – territories accessible by road transport to most EEA countries, in which the store operates (It means selling & shipping): Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg , Malta, Netherlands, Norway, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom (UK).

Customer/Client  – Consumer or Entrepreneur making purchases via the Store, over 18 years of age

Consumer – Consumer  being a natural person who makes purchases in the Store in the scope not directly related to the person’s business or professional activity

Entrepreneur – a natural person, a legal person or an organizational unit that is not a legal person, the separate law of which grants legal capacity, performs in its own name an economic activity, that uses the Store

Recipient – Customer or other person (authorized or unauthorized) receiving the delivered parcel with the ordered goods

Product, Goods – products delivered by the Seller, presented in the Store, which may be the subject of sale agreement between the Customer and the Seller

Order – customer’s declaration of will expressed with the Store’s functionality, indicating e.g.: type and quality of the Product available in the Store at the time of the Order, price, place of the Product’s delivery, Client’s data. The Order constitutes an offer to enter the agreement on the purchase of the Product of parameters expressed in the Order

Order Form – a form available in the Store that allows placing an Order, in particular by adding products to the Cart and specifying the method and place of delivery and payment

Customer’s e-mail address – e-mail address provided by the Customer when ordering

Customer’s invoice address –  name and surname or company name, country name, zip code, city name, street name, house number or apartment number

Entrepreneur’s billing data –  customer’s invoice address and VAT number

Customer’s shipping  address –  address where the Products are to be delivered (name and surname or company name, country name, zip code, city name, street name, house number or apartment number ) and phone number (for courier)

Customer personal data – e-mail address, shipping address, invoice address  and VAT number

Product Card – Store website that shows detailed information about the Product selected by the Customer

Cart – an element of the Store’s software in which the Products selected for purchase are shown to the Customer and it is possible to set and modify the Order data

Sale Agreement – Product sales contract; agreement on the sale of the Product within the meaning of the regulations of the Civil Code, concluded between the Seller and the Client, with the use of the Store’s website

Contract concluded remotely – an agreement concluded with the Client as part of an organized system of concluding distance contracts (here: as part of the Store), without simultaneous physical presence of parties, with the exclusive use of at least one means of distance communication, up to the conclusion of the contract

Working day – one calendar day in force in Poland (i.e. Monday, Tuesday, Wednesday, Thursday or Friday), excluding public holidays

Carrier – an economic entity providing goods transport services in the door-to-door system

Deliverer – the person delivering the parcel on behalf of the Carrier to the Recipient

Damage Report – a document prepared by the Recipient in the case of a loss or damage to the goods during transport

Order Processing Time – the sum of Order Preparation Time and Delivery Time

Order Preparation Time – the period in working days, counted from the day following the day of the Store’s booking of the required amount, until the day of sending the package

Delivery Time – the period in business days counted from the day following the date of delivery by the Store to the Carrier, until the day of its first delivery to the recipient’s address

2. Technical requirements

1. For a comfortable use of the Store, including viewing the Store’s assortment and placing Orders for Products, it is necessary to have:

• Terminal device (computer, laptop, tablet, smartphone) with access to the Internet
• Internet browser with enabled cookies
• Active e-mail account (e-mail)

3. General information

1. The store operates on the territories belonging to the Store Operation Area.
2. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules of the Store’s functioning, including the rules for placing orders for the products available in the Store, rights and obligations of the Client and Administrator, terms for the conclusion and termination of the Product Sale Agreements, withdrawal from the Sale Agreement and also personal data protection principles. These Terms and Conditions are applicable to all Clients, including those placing orders. Every Store user is obliged to become familiar with the Terms and Conditions and to comply with their provisions.
3. Every person using the Store has a possibility to contact the Administrator through addresses indicated under the “Contact” tab on the website of the Store, including e-mail address and postal address.
4. Store product browsing and placing orders by the Client for the products available in Store do not require registration and do not require creating an account.
5. The Seller is not responsible for any disruptions or interruptions in the functioning of the Store caused by factors independent of the Seller.
6. The costs related with access to the Internet and data transmission during browsing the Store’s content or during purchase are borne exclusively by the Customer.
7. The Client is obliged to use the Store in accordance with legal provisions and good manners, respecting personal goods, copyrights and intellectual property of the Seller and third parties. It is forbidden to undertake any actions which could influence the proper functioning of the Store, including an interference in the Store’s content or its technical elements, and providing unlawful content. It is forbidden to use the Store for other purposes than it was originally created for, especially including spamming, or for example running commercial, advertising, or promotional activities.
8. The goods visible on the Store’s website at the moment of the order placement are the subject of transaction.
9. Information about the Products available on the Store’s website do not constitute the offer in the meaning of the Civil Code. Information about the Products available in the Store constitute an invitation to conclude an agreement in accordance with Art. 71 of the Polish Civil Code.
10. The sale of the products available in the Store is made through the Internet in a form of Sale Agreement concluded at a distance between the Client and the Seller, in accordance with the Act on Consumer Rights of 30 May 2014 and the Civil Code.
11. Order placement is equal to the acceptance of terms introduced in these Terms and Conditions.

4. Orders

1. The Client may place an Order 24 (twenty four) hours a day and 7 (seven) days per week, through the Store’s Website or via e-mail.
2. Placing an order through the Store’s Website:

3. Placing an order via e-mail:

• The customer completes the order by selecting the Goods he is interested in from among the goods presented on the Shop Website and placing them in the e-mail.
• The Customer chooses the delivery method and payment method  among the methods specified in these Terms and Conditions and placing them in the e-mail. Then the Customer  provides, in a complete and true manner, his Invoice address, Telephone number, E-mail address and shipping address, if different. Sending an e-mail by the Client to the Seller  constitutes an offer for the Seller to enter the Sale (purchase) Agreement of the ordered Product/Products.
• After placing the Order, Seller will sent to the email address of the Client confirming that the Client’s Order placement is received by the Seller. This e-mail is not equal to the statement on the offer acceptance, mentioned in point 3.b here in above, and the conclusion of the Sale Agreement.
• If the Order’s execution is possible, an e-mail will be sent to the Client’s e-mail address with the total price of the Order including delivery and possible additional costs (if such would occur). The Seller asks the customer to accept these Terms and Conditions.
• The Client sends to the Seller an e-mail and confirms the Order, including the total price provided by the Seller and the fact of familiarization and accepting these Terms and Conditions.
• At the moment of the Order acceptance by the Client, the Sale Agreement between the Seller and the Client is concluded having as its object the ordered Products and is executed under conditions determined by these Terms and Conditions.

4. The Sale Agreement concluded between the Client and the Seller concerning the purchase of given Product from the Store is subject to time-limits and lasts throughout the period of the Order execution. The place of performance connected with the Product purchasing in the Store is the delivery address indicated by the Client.
5. The Administrator neither controls nor verifies the identification data of the Client provided by the Client during the Order placement process. The Client declares, that the data provided during the Order placement process are true. The Administrator may condition the Client’s Order acceptation on the authentication of the provided data in duly justified cases when suspicions that the data is false exist. The Client is obliged to update the data necessary for the Order execution and to immediately inform the Seller about each change of the data which has an influence on the proper execution of the Order.
6. The availability of the Product chosen by the Client is the condition of the Order’s execution. If the chosen Product and/or part of the Products included in the Order would not be available, the Seller must immediately inform the Client about the fact with a request to make decision concerning further proceedings in case of the Order’s execution. The lack of the Client’s decision concerning the way of the Order’s execution or lack of possibility to contact the Client caused by circumstances beyond the control of the Seller, after 7 days of receiving the above mentioned information from the Seller, is equal to the Client’s withdrawal from the execution of the Order, and the Order is automatically cancelled. If the Client has already paid for the Product – the Seller will reimburse the amount paid for the Order including paid delivery costs within 14 (fourteen) days from the Order cancellation.
7. If the Order would be executed partially because of the lack of Products ordered by the Client, the Client bears the costs only for the delivery of the first consignment. The delivery costs of other consignments resulting from additional orders arising from the division of the original Order are borne by the Seller. 
8. Regardless of the Client’s rights described here in above, when the ordered Products are unavailable and there is no possibility to execute the Order placed by the Client, the Seller has the right to cancel the Order, and also must promptly inform the Client about the undertaken actions. If the Client has already paid for the Products – the Seller will reimburse the amount paid for the Order including paid delivery costs within 14 (fourteen) days from the Order cancellation.

5. Prices and  payments

1. Prices provided next to the Products available in the Store are prices expressed in EURO, in the statutory binding rate and they are gross prices including VAT.
2. The prices provided in the Store are binding at the moment of the Order placement by the Client.
3. The prices on the Store’s website placed next to a given Good do not contain information about 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 placing the order and choosing Delivery method.
4. The seller provides the following payment methods:

• Bank transfer – payment in advance to the Seller’s bank account, indicated in the e-mail confirming the acceptance of the order. The buyer is obliged to pay the full amount under the Agreement sale within 7 working days of its conclusion. The cost of the transfer is borne by the Buyer.
• Credit Card – internet payment in advance to the Seller’s bank account. The buyer is obliged to have the full amount of the transaction on the card account.

5. The Client shall provide the name and surname/company name and the Order number in the transfer title. The lack of any of the above mentioned elements in the transfer title may extend the period of Order execution or cause a complete lack of possibility to execute the Order.
6. The Client does not have the possibility to pay for the part of the Order upfront and then for the part of the Order on delivery.
7. The Seller issues and provides the sales note (VAT invoice) to the Client after the Order execution.
8. If the payment for the ordered Products is not accepted to the Seller’s account within 7 days of the conclusion of the sales contract, the order will be automatically canceled.
9. The processing of the order will be started after receiving the funds on the Seller’s bank account. Your order will not be shipped until the funds have cleared in Seller’s account.

6. Delivery

1. The Seller performs the Delivery within the Store Operating Area.
2. The store offers delivery  by road transport courier parcel.
3. The ordered goods are sent up to a maximum of  7 working days (the time processing of the order will be started once the payment is received).
4. In urgent cases, we make every effort to send the goods as soon as possible. We inform you about the delay due to random reasons via e-mail.
5. The ordered Goods are delivered to the Customer via the Carrier to the address indicated in the order form within the delivery time declared by the Carrier, in accordance with the Carrier services regulations.
6. The customer should examine the delivered parcel in time and in the manner adopted for parcels of a given type in the presence of an employee of the Deliverer. In the event of a defect or damage to the parcel, the Customer has the right to require the Carrier’s employee to draw up a proper report. The lack of such a protocol is not tantamount to the expiry of the consumer’s right to lodge a complaint for loss or damage in transport, but may make it difficult for the consumer to assert any claims. In the case of Buyers who are not Consumers, the damage report is the basis for any possible complaint due to loss or damage in transport.
7. The delivery costs of the ordered products are borne by the Client and are added to the total value of the Order. The delivery costs are indicated every time in the Store in Order Form, considering the delivery country and carriers’ tariffs.
8. The Seller shall attach a VAT invoice to the parcel being the subject of Delivery, covering the delivered Goods and the delivery costs incurred by the Ordering Party.
9. In the event of the Customer’s absence at the address indicated by him when submitting the order as the Delivery address, the Supplier’s employee will leave a notice or attempt to contact him 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 electronically, re-establishing delivery date and cost with the customer.
10. The sales contract is considered completed when the last of the benefits resulting from this contract, including the delivery of goods, is fulfilled.

7. Withdrawal from the Sale Agreement and the products’ return

1. The buyer who is a consumer may, without giving any reason, withdraw from the contract within 14 days (counting from the day on which he came into possession of things or on which a third party other than the carrier and indicated by the Buyer came into possession of the item, and in the case of a contract that includes many items that are delivered separately, in batches or in parts – from taking possession of the last item, batch or part).
2. To exercise the right of withdrawal, the Consumer must inform the Seller of his decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post or e-mail). The buyer may use the model Withdrawal form in Appendix 2, but this is not mandatory. To meet the deadline to withdraw from the contract, simply send information regarding the exercise of your right of withdrawal before the deadline to withdraw from the contract.
3. In the event of withdrawal from this contract, the Seller shall refund to the Customer all payments received from him, including the costs of delivery of the Goods, immediately, and in any case not later than 14 days from the day on which the Seller was informed of the Customer’s decision to exercise the right to withdraw from this agreement. However, if the Customer has chosen a method of delivery other than the cheapest, standard method of delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Customer. The seller refunds using the same payment methods that were used by the Customer in the original transaction, unless the Customer expressly agreed to a different solution. In any case, the Customer does not incur any fees in connection with this return. The seller may withhold reimbursement until receipt of the item or until proof of sending it back is provided, whichever occurs first.
4. The Customer is obliged to return the item to the Seller or give it to a person authorized by the Seller immediately, and in any case not later than 14 days from the day on which the Seller was informed of the withdrawal from the contract. To meet the deadline, it is enough to return the items before its expiry. The consumer bears only the direct cost of returning the goods.
5. In case of valid withdrawal from the Sale Agreement, the Sale Agreement is considered null and void, and the Customer is liable for a decrease in the value of the Goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
6. If the Customer submitted a statement of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
7. The right to withdraw from the Sales Agreement is not entitled to the Customer who is a Consumer in relation to contracts in which the Good is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs.

8. General Warranty Rules

1. Goods sold by the Seller are covered by the warranty granted by the manufacturer of the Goods.
2. Information on the existence and duration of the guarantee is always presented on the Store’s Website with the product description in the “TECHNICAL SPECIFICATIONS” tab.
3. Warranty claims may be lodged directly with the Seller.
4. The content of the warranty for products bearing the smartLEDs logo is provided in Appendix 1.

9. Complaints

1. All products available in the Store are brand new, free of physical and legal flaws.
2. All complaints related to the Goods or the realization of the Sales Agreement may be sent by the Customer in writing to the email address orders (at) magicstairlighting.com or to the address of the Seller.
3. The Client may use the model Complaint Form in Appendix 3, but it is not mandatory.
4. A correctly submitted complaint should contain at least:

• name, surname,
• e-mail address of the Client  or correspondence  address
• the date of conclusion of the Sale Agreement being the basis for the complaint
• the date the defect was found
• subject of the complaint, indicating the Client’s request
• all circumstances justifying the complaint
• proof of purchase or purchase document number.

5. If the data or information provided in the complaint require supplementing, the Seller will contact the person who reported the complaint to ask for supplementing in the required scope before the compliant is investigated.
6. Proper complaints will be investigated by the Seller within up to 14 days from the moment of the complaint’s receipt and sent to the e-mail address provided in the complaint, or correspondence address, if the e-mail address is not provided by the person who reported the complaint.
7. If the complaint is investigated for the benefit of the Client – the Seller will immediately replace the defective Product for the Product which is free of flaws, or will remove the flaw or return the value of the purchased product.
8. The repaired or replaced Product is re-sent to the Client at the Seller’s expense.
9. The customer loses the rights set out in point 7 of this paragraph, if before the expiry of two months from the finding of non-compliance of the Goods with the contract does not notify the Seller of this fact. To meet the deadline, it is enough to send a notice before its expiry.

10. Personal data protection and cookies

1. The administrator of personal data provided by customers of the online store in connection with purchases and the provision of Additional Services is the Seller.
2. Processing of personal data in accordance with regulations (EU) 2016/679 of the European FParliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (the general regulations on data protection) is governed by the Privacy and Cookies Policy, which is an integral part of these Store Terms and Conditions.
3. By providing their personal data, the Customer agrees to the processing of the data provided for the purpose of processing and processing the order by the Seller and the implementation of Additional Services by electronic means, as well as to meet the obligations of the Seller under the law.
4. The Customer provides his personal data to the Seller voluntarily, with the proviso that the lack of provide specific data in the ordering process prevents submission and realization of the Customer’s order, and in the process of providing Additional Services – the implementation of these services. It is in the interest of the customer to provide correct data enabling contact and delivery of the ordered goods. The seller is not responsible for the consequences of incorrect data submission.
5. The Seller reserves the right to withdraw from the order if the data provided by the Customer when placing the order are incomplete (no name, surname, address, telephone number or e-mail address), or if the data provided by the Customer is wrong or not true.
6. The Seller protects the personal data provided to him and makes every effort to protect it against unauthorized access or use.
7. Information on technical methods and measures to detect and correct errors in the data entered:

• When placing the Order, until the “GO TO CHECKOUT” button is pressed, customers have the option of correcting the entered data themselves.
• Data verification or correction of the Order can also be done by sending an e-mail to the Seller.

9. 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 disk of the Customer’s terminal device. The use of “cookies” is aimed at the correct operation of the Store Website on the clients’ terminal equipment. This mechanism does not damage 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 their end device. The Seller indicates that disabling “cookies” may, however, cause difficulties or prevent the use of the Online Store Website. For more information on cookies, see the Privacy and Cookies Policy.
10. Traffic on the website is monitored by Google Analytics statistics. This is to collect data on the manner and popularity of using our sites. By using these Terms and Conditions of the online store magicstairlighting.com website, you agree to the analysis of your data by Google Analytics for the purposes described here.

11. Some provisions regarding Entrepreneurs

1. This paragraph of the Terms and Conditions and the provisions contained herein apply only to Customers who are not Consumers.
2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer, within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller. The Customer is liable for a decrease in the value of the Goods and has no rights to claim the reimbursement of the delivery costs.
3. As soon as the Seller releases the Goods, the Seller shall transfer to the Customer who is not a consumer the benefits and burdens associated with the Goods and the risk of accidental loss or damage to the Goods.
4. The Customer who is not a Consumer is obliged to examine the parcel in time and in the manner accepted for such parcels. If it finds that during transport there was a loss or damage to the Product, it is obliged to perform all actions necessary to determine the liability of the carrier.

12. Free services

1. The Seller provides electronically free service to customers: Contact form.
2. Service specified in §12. 1 above is provided 7 days a week, 24 hours a day.
3. The Contact Form service consists in sending a message to the Seller using the form located on the Store’s Website. Cancellation of the free service the contact form is possible at any time and consists in ceasing to send inquiries to the Seller.
4. The Seller is entitled to block access to the Store and free services in the event of the Customer acting to the detriment of the Seller or other Customers, violation of the law or the Terms and Conditions by the Customer, as well as when it is justified by security reasons, and in particular by the Customer breaking the security of the Online Store Website or other hacker activities.

13. Final provisions

1. The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the event of intentional damage and within the limits of actually incurred direct losses by the Customer who is an Entrepreneur.
2. The content of these Terms and Conditions may be recorded by printing, saving on a durable medium or downloading at any time from the Online Store Website (“Download” tab).
3. In matters not covered by these Terms and Conditions, the provisions of Polish law shall apply, in particular the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended), the Act on Consumer Rights of 30 May 2014. . (Journal of Laws of 2014, item 827, as amended) and the Act of 27 July 2002 on the protection of personal data.
4. In the event of a dispute on the basis of a concluded Contract of Sale, the parties shall endeavor to resolve the matter amicably. Each customer can use out-of-court complaint and redress methods. In this regard, it is possible for the client to use mediation. Lists of permanent mediators and existing mediation centers are forwarded and made available by the Presidents of relevant District Courts.
5. The buyer who is a consumer has the option of using out-of-court complaint consideration and redress. The rules of access to these procedures are available at the registered offices or on the websites of entities authorized to settle disputes out of court. These may include, in particular, consumer ombudsmen or Voivodship Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection. In addition, an online platform for settling disputes between consumers and businesses at EU level is available at http://ec.europa.eu/consumers/odr/ (ODR platform).
6. As a last resort, disputes arising from the application of these Terms and Conditions and in connection with the performance of concluded contracts, arising between the Seller and Customers, will be considered by the competent court in accordance with the provisions on property and local jurisdiction in accordance with the Act of 17.11.1964 Code of Civil Procedure (Journal of Laws Of Laws No. 43, item 296, as amended). The consumer has the right to choose the place of pending legal proceedings, while all disputes arising between the Seller and the Customer who is not a Consumer shall be subject to the court having jurisdiction over the seat of the Seller.
7. The Seller reserves the right to amend these Terms and Conditions, in particular in the event of changes in the law affecting the relations described in the Terms and Conditions, changes in rules functioning of the Internet, significant changes in the market situation, introduction of new functionalities or commencement of new services. The seller will inform about the planned change on the Store’s websites 7 days in advance, enabling them to become acquainted with them and to decide on their acceptance. Orders placed before the amendment of the Terms and Conditions shall be governed by the Terms and Conditions in the version in force on the date of submission orders by the customer.
8. These Terms and Conditions shall enter into force on July 1, 2020.
9. The recognition of specific provisions of these Terms and Conditions in compliance with the law as null or ineffective does not affect the validity or effectiveness of other remaining provisions. The invalid provision will be replaced with another valid one that comes as close as possible to the invalid provision concerning its purpose and the purpose of all these Terms and Conditions.

Appendix 1  

GUARANTEE FOR PRODUCTS MARKED WITH THE SMARTLEDS LOGO

1. The manufacturer APACHETA Smart Systems provides a quality guarantee for devices manufactured by it, bearing the smartLEDs logo.
2. All maintenance services resulting from the guarantee are made exclusively at the service of APACHETA, 05-807 Podkowa Leśna, ul. Sarnia 41.
3. The warranty period is 3 years from the date of purchase of the device.
4. All installations and connections of electrical and electronic devices should be made by a person with appropriate qualifications and licenses in accordance with applicable standards.
5. The warranty covers only defects and damages not due to the fault of the Buyer, which arose for reasons inherent in the sold item and dependent on the Manufacturer.
6. The warranty does not cover device defects resulting from:

1. reasons beyond the control of APACHETA, and in particular those resulting from a short circuit or overvoltage in the electrical system outside the Product
2. mechanical and electrical damage
3. use contrary to the user manuals and the intended use of the device
4. random events, including lightning, fire, flooding, high temperatures and chemical agents
5. improper installation and configuration (not in accordance with the principles contained in the manual), including improper power supply and connecting external devices that may damage the product
6. and such defects about which the buyer was notified when purchasing the device for an appropriate price reduction. The warranty does not cover defects in the device losing its aesthetic or other non-use values.

7. The Buyer undertakes to immediately inform APACHETA about the defectiveness of the Product.
8. The Buyer is obliged to report the defect of the Product in writing and provide proof of purchase. The buyer may use the ready-made template of the Complaint Form in Appenidx 3, however it is not mandatory.
9. The completed complaint form should be attached to the Product complained about and delivered to APACHETA.
10. Defects and faults disclosed during the warranty period will be fixed free of charge by the Manufacturer after delivery of the defective goods via a parcel to the APACHETA address, at the Buyer’s expense and risk. The delivered product should be complete and fully equipped.
11. A product with a defect found by the Buyer may be subjected by APACHETA to tests aimed at identifying or locating the defect. If the tests do not confirm the existence of a defect found by the Buyer, and they will not indicate the existence of another defect not reported by the Buyer but covered by the warranty – APACHETA will inform the Buyer about this fact and will charge a fee for performing the product diagnostics service.
12. In the event of a justified complaint, by performing its obligations under the warranty, APACHETA, at its option, will repair or replace a defective device free of charge.
13. If it is not possible to replace the Product with a new Product, APACHETA at its own choice, replace the faulty device with a device with similar or better parameters or refund the price paid for the product.
14. In the event of replacing the Product within the warranty, APACHETA may deduct the value of the Product’s missing or not supplied elements of the Product and the missing accessories that are part of the Product’s equipment.
15. Parts or products replaced by the Guarantor become its property.
16. Complaints will be considered within 14 business days from the date of delivery of the faulty device together with the completed complaint form to the APACHETA website. If the complaint is accepted, APACHETA undertakes to make warranty repairs as soon as possible, but no later than 14 working days from the date of accepting the complaint.
17. The warranty is extended by the duration of the stay of the goods on the APACHETA site, calculated from the date of accepting the goods to the site until the date of repairing the goods.
18. Loss of warranty rights in any case results in a violation of the smartLEDs identification sticker on the device and alterations or repairs to the device outside the APACHETA site.
19. The liability of APACHETA towards the buyer is limited to the purchase price of the product and the value of the product determined according to the retail price suggested by APACHETA on the day of purchase and does not cover damages resulting from its damage, malfunction, incorrect installation and incompatibility with other devices.
20. The warranty covers devices sold in Store Operaing Area and does not exclude, limit or suspend the buyer’s rights under the provisions on warranty for defects of goods sold in any respect.

Appendix 2

DECLARATION OF WITHDRAWAL FROM A CONSUMER SALES CONTRACT

(this form should be completed and returned only if you wish to withdraw from the contract)

ADDRESSEE: Apacheta Smart Systems Roman Jarocki, Poland, 05-807 Podkowa Leśna ul. Sarnia 41

NIP: 113-082-84-65 e-mail: orders (at) magicstairlighting.com

I / We (*) hereby inform (*) about my / our (*)  withdrawal from the contract of sale of the following goods:

1. ……………………………………………………………………………………………………….………….……………….…..……………..

2. ………..…………………………………………………………………………………………….………….…………………..………………..

3. …………..…………………………………………………………………………………………..……….……………….……..………………

4. .……………….……………………………………………………………………………………….…………….……………….………………

5. .…………………………………………………………………………………………………….……………….………….…….………………

6. .……………………………………………………………………………………………………….…………….………….…….………………

7. .……………………………………………………………………………………………………….…………….………….…….………………

8. .……………………………………………………………………………………………………….…………….………….………….…………

DATE OF CONTRACT CONCLUSION (*) / collection (*) ……………………………………………………………………..…

CONSUMER’S NAME AND SURNAME (s)    ……………………………………………………………………………………….…

CONSUMER ADDRESS (s)     ………………………………………………………………………………………………………………….

I am asking for a refund to the bank account:: ………………………………………………………………………………..

SIGNATURE OF CONSUMER (s) …………………………………………………………………………………………………………..

(only if the form is sent in paper version)

DATE: …………………………………………………………

*) Delete where not applicable.

Appendix 3

COMPLAINT FORM

(This form can be printed, completed and sent to the addressee’s address if the Buyer wants to make a complaint)

ADDRESSEE: Apacheta Smart Systems Roman Jarocki, Poland, 05-807 Podkowa Leśna ul. Sarnia 41

NIP: 113-082-84-65    e-mail: orders (at) magicstairlighting.com 

PURCHASER: Name and surname or name: ……………………………………………………………………………………….

                       Postal address: ……………………………………………………….………………… …………………………………

COMPLAINANT’S CONTACT DETAILS (To conduct correspondence regarding the complaint; in the absence of such data, correspondence will be conducted to the name and address of the Buyer)

Name and surname or name of the complainant: ………………………………………………………………

Postal adress: …………………………………………………………………………………………………………..………….…

Phone number: ………………………………………………………………………………………………….……………….….

E-mail address: ……….……………………………………………………..………………………………………..……………….

COMPLAINT APPLIES TO:  ……………………………………………………………………………………………………….

DATE OF PURCHASE:   ……………………………………………………………………………………………………………

DATE OF NON-COMPLIANCE FINDING:  ………………………………………………………………………………………

FAULT DESCRIPTION: (Please describe as precisely as possible what the defect is and the circumstances of its appearance)

REQUEST FOR COMPLAINTS: ………………………………………………………………………………………………………………

Along with the complaint form I send damaged goods and proof of purchase.

I agree to the processing of my personal data for the purposes of this complaint and to make them available to entities considering the complaint. The customer has the right to access their data and correct it. Detailed information on the protection of personal data is available in the Terms and Conditions of the store magicstairlighting.com. Providing personal data in the complaint form is required for the correct implementation of the complaint. I declare that I have read the terms of the warranty and that I accept them, and that I confirm the information contained in this complaint form.

Date and signature ……………………………………………………………………………………………………………………………………………………..