Rules and Regulations of "OFIX.pl Online Shop"

GLOSSARY:

OFIX.pl Online Shop – online shop available at the website www.ofix.pl

Seller – the owner of OFIX.pl Online Shop, i.e. "Ofix Lewandowski" spółka jawna (general partnership) with its registered office in Złotniki near Poznań, ul. Krzemowa 1, District Court in Poznań – Nowe Miasto and Wilda in Poznań VIII Commercial Division of the National Court Register (KRS), KRS number 0000084016, tax identification number (NIP) 783-00-28-623, statistical number (REGON) 630172070; 

Customer – entrepreneur using OFIX.pl Online Shop after the registration in OFIX.pl Online Shop;

Order completion time – time in which the Seller collects the products ordered via OFIX.pl Online Shop and sends them at the address indicated by the Customer;

Newsletter – (electronic) newspaper sent via OFIX.pl Online Shop, which could contain, among others, information about the offer, bargains and contests;

Base – data base of the Seller containing the information about the transactions conducted, products offered at OFIX.pl Online Shop, Customers and users who were granted the rights to use OFIX.pl Online Shop, including personal data necessary to manage OFIX.pl Online Shop, and especially, needed for the completion of orders;

Cart – panel of OFIX.pl Online Shop, in which the Customer provides the details of the ordered goods such as their type, quantity etc.

Business days – days from Monday to Friday from 8:00 a.m. to 5:00 p.m., excluding public holidays;

Arrangement – written agreement between the Seller and the Customer setting the conditions for purchasing products from the Seller using OFIX.pl Online Shop.

§ 1.

Purchase order rules and regulations

1. Following the proper logging in and in compliance with the rights granted, the Customer may place orders for the products of his choice 24 hours a day, giving basic details needed to complete the order.
2. Sending an order via OFIX.pl Online Shop, the Customer enters into the sales agreement for the ordered products with the Seller, and obligates himself particularly to receive them and pay the price.
3. The order is delivered at the address indicated by the Customer in the registration form; the Customer is not entitled to lodge any claims in case when due to mistakes or inaccuracies in the given address the delivery is not effective.
4. Order completion time is 24 hours from the moment the order is sent, not earlier than on the next business day in the case of orders placed until 4 p.m., within the hours indicated by the Customer as his business hours, provided that the goods are available in the Seller’s warehouse.
5. The cost of products delivery is covered by the Seller provided that the value of the goods delivered together at a single address according to the pricelist at ofix.pl is at least net PLN 250. Below this value the cost of transport is covered by the Customer and added to his invoice as follows: if the value of an order (orders for the same day) is net PLN 150 - 249.99 – the cost of delivery is net PLN 10, if it is less than net PLN 150 – net PLN 15. Separate cases within this scope are regulated by the Agreement.
6. The Seller is not liable for the failure to deliver the products or delayed delivery for reasons attributable to the Customer, for example, in case of mistakes or inaccuracies in addresses or other identification details.
7. The Seller is not liable for the longer time of delivery caused by force majeure, non-culpable transport difficulties or for reasons attributable to courier companies.

§ 2.

Product availability

1. Despite our best efforts, the information about the products at OFIX.pl Online Shop and their current availability does not mean an immediate availability and order completion.
2. After logging in OFIX.pl Online Shop, the Customer receives basic information about the availability of the products. If the Customer places the order for the product which is not available, the Seller contacts the Customer by email or phone and informs about the possible time of delivery. He can set aside the contract, propose changing the order and concluding a new sales contract. If the Customer does not accept any of the proposals, the order is deemed to be finally cancelled, without any rights to claims on that account.   

§ 3.

Changes in the order

1. Apart from the situations described in § 2 the Customer may introduce changes to the order placed provided that it has not been completed yet by the Seller, and the invoice for the products has not been issued. Information about the stage of order processing and issuing of the invoice is available for the Customer any time after logging in OFIX.pl Online Shop.
2. Changes in the order can be made by contacting the Customer Service Office.
3. Changes can apply to the whole order or its part.  

§ 4.

Product prices

1. Product prices are available at OFIX.pl Online Shop after logging in. The prices are:
   1. net prices excluding VAT in an appropriate rate,
   2. expressed in Polish zlotys,
   3. presented with discounts and rebates, if any, agreed upon with the Customer.
2. The binding price is the price of a product presented at OFIX.pl Online Shop at the moment the order is placed by the Customer.
3. The customer is entitled to exercise the discount in the form of a product offered by the Seller at www.ofix.pl, in the price of 1 grosz provided that the value of this product (understood as the catalogue prices of products) does not exceed the value of the discount.  
4. The seller, without a notice, can make changes to the products presented at OFIX.pl. Online Shop. Separate cases within this scope are regulated by the Arrangement.

§ 5.

Payment of price, forms of payment

1. Payment in cash on delivery of the product ordered is required in the following cases:
   1. The Customer purchases products from the Seller for the first time,
   2. The Customer has not purchased any product from the Seller for the period longer than half a year,
   3. A 7-day period from the date the Arrangement was signed by the Customer has not elapsed,
   4. The Customer has due payments for previously ordered products.
2. In other cases the Seller allows for payment after the delivery within the term set in the Arrangement.
3. In case the payment for the product ordered is delayed over 30 days, the access to OFIX.pl Online Shop may be blocked by the Seller until the debt is settled.

§ 6.

Complaints policy, warranty terms

1. When receiving the product, the Customer is obligated to check whether the quantity and type of a product is compliant with the order and to check the condition of the delivered goods and especially their packaging. In case of any restrictions, the Customer is obligated to report them at the moment of delivery, or otherwise the order is deemed completed without restrictions.
2. The right to file a complaint against the Seller expires after 6 months from the receipt of the goods.
3. In case the product has defects, the Customer is obligated to immediately file a complaint and inform the Customer Service Office about the term when it will be possible to receive it from the Customer. While returning the product, the Customer is obligated to present the invoice. 
4. The seller within 14 business days from the receipt of the product will address a complaint and inform the Customer about the mode it will be resolved. 
5. If a complaint is considered reasonable, the Seller at his expense exchanges the product with the new one without defects, and if such an exchange is not possible, upon the agreement with the Customer, the Seller: 
   1. conducts the repair of the product,
   2. lowers the price of the product or
   3. returns the price of the product.
6. A complaint is considered reasonable if the product:
   1. has manufacturing defects;
   2. has been mechanically damaged during transport;
   3. is not compliant with the order placed by the Customer.
7. In the case of the product covered with a warranty by the manufacturer or the entity launching it on the market, the Customer may exercise his rights resulting from such a warranty, and in this case the Customer files a complaint against the warrantor (the entity giving a warranty), and the Seller is only an intermediary in the complaint procedure.
8. An implied warranty for quality defects is excluded.

§ 7.

Termination of agreement, product return 

1. The customer is entitled to terminate the sales agreement without stating his reason and return the product included in the standard commercial offer of the Seller without stating his reason within 10 business days from the receipt of the product, provided that the product is sent at the Customer’s expense at the address of the Seller – in the term previously agreed upon with the Customer Service Office – and it has not been used and is in the original packaging, which does not have any traces of damage. The above right does not apply also to the products whose price depends directly on the fluctuations of the prices in the financial market, things indicated as to their identity or things whose properties (e.g. type, model, and colour) have been determined by the Customer.   
2. In the case described in paragraph 1, the Seller returns the previously received payment at the bank account provided by the Customer.

§ 8.

Newsletter

1. By sending a registration form the Customer consents to receiving a newsletter at the given address of electronic mail, in which the Seller will inform about, among others, the latest products in his offer, current discounts, sales etc. 
2. Newsletter will be sent only to those who expressed their will to receive it, taking into account separate provisions within this scope.
3. The Customer may at any time resign from receiving a newsletter.

§ 9.

Personal data

1. By registering in OFIX.pl Online Shop and indicating persons entitled to use OFIX.pl Online Shop on his behalf, the Customer and the indicated persons at the same time consent to adding their personal data to the Base and processing them for the purposes connected with managing OFIX.pl Online Shop, in particular including the completion of orders as well as marketing and promotion.   
2. Personal data are protected pursuant to the Personal Data Protection Act of 29 August 1997 (Dz.U. No 133 item 883) in a way which prevents access to the data by third parties.
3. Pursuant to the above-mentioned statute, the Customer has the right to view his personal data, modify and remove them.
4. The order cannot be completed if the Customer does not give his consent to process his personal data by OFIX.pl Online Shop.
5. Personal Data are stored in the Base and are not made available to the entities which do not participate in the process of order completion.
6. The storage of personal data in the Base is ceased in the period up to 2 years from the completion of the last order placed by the Customer or persons indicated by the Customer.

§ 10.

Final provisions

1. Due diligence is exercised to ensure that the offer of products at OFIX.pl Online Shop reflects the reality as much as it is possible, however, despite such efforts there could be differences between the image of a product at OFIX.pl Online Shop or its description and the reality, also for technical reasons or due to the functionality of the devices used by the Seller or the Customer while using and managing OFIX.pl Online Shop. In such a case, the Customer is not entitled to any claims and rights, particularly on the account that the products are not consistent with the order.
2. The Seller is not liable for blocking by administrators the mail servers for messages sent at the email address indicated by the Customer or removing and blocking emails by the software installed on the devices used by the Customer and for the failure to use OFIX.pl Online Shop due to a breakdown, technical breaks, lack of electricity etc.
3. All names of the products offered at OFIX.pl Online Shop are used for the identification purposes and may be protected pursuant to the Industrial Property Law Act. In the matters not regulated in the rules and regulations the existing provisions of Polish law shall be applicable, and especially the Civil Code, excluding the separate provisions regulating consumer sales.
4. Disputes, if any, which could arise in the light of the rules and regulations, shall be resolved by the court of competent jurisdiction and venue for the seat of "Ofix Lewandowski" sp. j.
5. These rules and regulations take effect on 5 May 2008.
6. The right to amend the rules and regulations is reserved. Any amendments to the rules and regulations shall be effective from the moment of their publication at OFIX.pl Online Shop. 

 RULES AND REGULATIONS
FOR RENDERING ELECTRONIC SERVICES

Section I
General Provisions

§ 1.

1. The rules and regulations set forth the types, scope and conditions for rendering electronic services by „Ofix Lewandowski” sp. j., conditions for concluding and terminating agreements for such services and the mode of complaint procedure.
2. For the matters which are not regulated in these rules and regulations, particularly for the declarations of will in the electronic form, the existing provisions of Polish law shall be applicable, and particularly the Act on Rendering Electronic Services of 18 July 2002 (Dz. U. No 144, item 1204, as amended) and the Civil Code. 
3. By ordering a service, the recipient acknowledges that he has read its description, conditions and the present rules and regulations and that he accepts all provisions of these rules and regulations.

§ 2.

1. The terms used in these rules and regulations shall be understood as follows:
   • a) "Service Provider" is „Ofix Lewandowski” sp. j. with its registered office in Złotniki, address: Złotniki, ul. Krzemowa 1, tax identification number (NIP) 783-00-28-623, entered into the Business Register of the National Court Register under KRS number 0000084016;
   • b) "Customer" is a natural person, legal person or organizational unit without legal personality constituting a recipient of the service rendered by electronic means;
   • c) "User" is a natural person who registered at OFIX.pl Online Shop and has got an Account
   • d) " OFIX.pl Online Shop" is an online shop available at the website www.ofix.pl
   • e) "Account" is an individual account of the User given by an individual login and password during the registration of the User in OFIX.pl Online Shop. The access to OFIX.pl Online Shop is acquired when the User logs in with the use of the above login and password.
   • f) "Commercial Information" is every information dedicated directly or indirectly to promote products, services or image of the Service Provider;
   • g) "Registration" is the entering to the ICT system of the Service Provider of the data necessary to use electronic services; 

Section II
Type and scope of electronic services rendered and the conditions for rendering them

A.
Services rendered via electronic mail

§ 3.

1. The service rendered by the Service Provider by electronic means includes sending commercial information at the electronic address (email) provided by the Customer.
2. Commercial Information is sent to the Customers irregularly, when necessary, but no more than once a week.
3. The Service Provider does not make email addresses available to any external parties.
4. To use services rendered via electronic mail, the user needs to have an active and properly set up email account.
5. Commercial Information sent by electronic means to the Customer contains:
   1. information about the sender of the mail and the email address of the Service Provider,
   2. field “subject” filled in, describing the content of the mail with the indication that this is commercial information,
   3. in the content of the mail, according to the needs of given commercial information, among others, clear description of the forms of promotional activities, in particular, price reductions, free pecuniary or non-pecuniary performances and other benefits connected with the promotion of products, services or image, and simultaneously unequivocal determination of the conditions necessary to use these benefits, if they are included in the offer,
   4. any information which can have an influence on the determination of the scope of parties’ liabilities, particularly warnings and restrictions,
   5. information about the way and possibility to resign from the service or change its parameters (e.g. address at which the bulletins or messages should be sent).
6. To use the services rendered via electronic mail, it is required to have a program for electronic mail support, which is able to read messages in HTML format. The Service Provider is not liable for the problems resulting from the use of programs which do not fulfil this requirement.
7. The service is free of charge.

B.
Services rendered via website

§ 4.

1. The services rendered by OFIX.pl Online Shop consist in providing an online access to all information resources of the Service Provider, including in particular the current commercial offer, information about the discounts, advertising campaigns, and conditions of delivery and product prices. The access to the resources is available at the logically separated pages of the website with the unequivocally indicated URL address.
                                  
2. While using OFIX.pl Online Shop, the Customer is obliged to:
   • abstain from actions aimed at getting information which is not dedicated for the Customer,
   • use OFIX.pl  Online Shop in compliance with the law and the rules and regulations, without delivering or providing content which is forbidden by the provisions of the existing law,
   • use the content of OFIX.pl Online Shop only within the scope of Customer use; using the content owned by the Service Provided or third parties within a different scope is possible only upon the express permission given by the Service Provider.
   • take necessary steps to prevent the access to his Account in Online Shop OFIX.pl by unauthorised persons, also by keeping his login and password confidential and not giving it to third parties.
   • abstain from actions contrary to the rules and regulations, existing provisions of the law, principles of social co-existence, e.g. persistent placing of orders and making reservations and persistent repetitive failure to receive the products. 
3. To use services rendered via the website www.ofix.pl, it is required to have:
   • connection to the Internet,
   • MS Internet Explorer browser, version 5.0 or higher, or a compatible alternative Internet browser (e.g. Firefox, Opera),
   • to use functions of some services, it might be necessary to turn on in the browser the protocol for secure data transmission SSL, Java Script support and cookies.

The Service Provider is not liable for problems resulting for the use of the browsers which do not fulfil this requirement.

C.
Restrictions to the performance of the service ordered

§ 5.

1. In case of significant errors in the set-up of the Customer’s reception device or the lack of data necessary for the proper performance of the electronic service, the Service Provider restricts the right to suspend the performance of the service until the problem is removed by the Customer or the data is provided by the Customer.
2. The Service Provider makes any efforts to render the service in compliance with its description; however, he is not liable for improper performance of the service in case of technical problems outside his control.
3. The Service Provider restricts the right to suspend rendering services by electronic means, especially for technical and maintenance reasons. The Service Provider shall make any efforts so that such breaks occur as rarely as it is possible.

Section III
Conditions for concluding and terminating agreements for the provision of electronic services

§ 6.

1. The order for the service rendered by electronic mail is placed by filling in and sending back the form available for the Customer at the website www.ofix.pl or by email sent at the provided email address of the Service Provider.
2. The user may resign from the service anytime by sending the information about such a resignation.

Section IV
Complaint Procedure

§ 7.

1. The Service Provider, at the website containing the description of the service, provides the email address for queries and complains. The Service Provider may also place at the website the form for notifications about the irregularities in the functioning of the service.
2. The complaint lodged shall be considered not later than 48 hours from the moment the Service Provider receives the information about the irregularity, and in particularly complicated cases not later than within 72 hours (including in both cases business days).

Section V
Final Provisions

§ 8.

1. The rules and regulations are effective from 1 November 2008.
2. Amendments to the rules and regulations introduced by the Service Provider are published immediately at the website www.ofix.pl and do not require separate notifications.

COOKIES POLICY

The present Policy sets forth the principles on the basis of which the company Ofix Lewandowski sp. j. (Ofix) uses cookies at the website www.ofix.pl (Website).

The policy was prepared on 3 April 2013. It may be changed anytime by Ofix by the publication of the new version of the Policy at the Website.

What are cookies and what are they for?

Cookies are small text pieces of information sent by a web server and saved at the user’s device (on the hard drive, the exact place is determined by the browser).

The parameters of cookies allow reading the information contained in them only to the server which created them. A computer will give access to the information in cookies only to the website from which they originate.  

Cookies have the task to let the server remember particular information about the Internet connection session. Using cookies and similar technologies allows tailoring the website to the needs of its users and collecting statistical information.

What types of cookies are used by Ofix?

The two types of cookies: “session” and “persistent” cookies are used. Session cookies are temporary files which remain on the user’s device until he logs out of the website or turns off the program (browser). We use cookies connected with a session for technical purposes, such as better navigation at the website, adaptation to the preference of the user connected with the use of the website and remembering users who are logged in.

“Persistent” cookies remain on the user’s device for the period specified in their parameters or until they are manually removed by the user. Such cookies are stored on the hard drive to check users who are new at the website and those who return there.

Parameters contained in cookies:

• display resolution (for statistical purposes),
• encoded session hash (security),
• base64 encoded additional session information (for statistical purposes),
• viewer’s ID (for statistical purposes),
• "remember me" option during logging in (hash for automatic logging, persistent cookies),
• surveys support (security, for statistical purposes),
• remembering specific user’s settings (for statistical purposes, persistent cookies),
• cart support in the online shop.

Origin of cookies used by Ofix.

Ofix uses its own cookies to store the cart of products and the list of products recently viewed and the cookies from the partner websites of the Website operator given below. They are subject to their own privacy policy.

Cookies of Google Analytics:

If the user uses Google services, different technologies of collecting and saving data are used: this may include sending at least one or more cookies or anonymous ID to his device. Cookies and anonymous IDs are also used when the user interacts with the services which we offer to our partners, such as advertising services or Google features at other websites. Using cookies by Google Analytics is based on the principles described at the website:

http://www.google.pl/policies/privacy/key-terms/#toc-terms-cookie
http://www.google.pl/policies/privacy/key-terms/#toc-terms-identifier

Cookies of Facebook:

Using cookies by Facebook is based on the principles described at the website:

http://www.facebook.com/about/privacy/cookies

How do cookies work on the user’s computer?

Cookie text files contain public or encoded information, which enable the server to satisfy users’ needs.  This is in particular:

- information about the products added to the cart before logging into the website,

- information about the products recently viewed,

- parameters of actions available after logging into the website,

- information about the session for the improvement of security.

How long do cookies work on the user’s computer?

“Persistent” cookies remain on the user’s device for the period specified in their parameters or until they are manually removed by the user. “Session” cookies are temporary files which remain on the user’s device until he logs out of the website or turns off the program (browser).

How can a user disable the installation of cookies in his browser?

If you do not want persistent or session cookies to be stored on your computer, you can turn off cookies in your browser.

However, disabling cookies may have an impact on the functioning of the website. Especially, it will not be possible to log in, use the cart in the online shop, place order and make payments.

One should realize that disabling cookies in a browser will have an impact of the functioning of cookies at all other websites visited.

Manuals for using cookies depend on the browser:

Opera:

http://help.opera.com/Windows/12.10/pl/cookies.html

Firefox:

http://support.mozilla.org/pl/kb/Włączanie%20i%20wyłączanie%20obsługi%20ciasteczek"

Chrome:

http://support.google.com/chrome/bin/answer.py?hl=pl&answer=95647

Internet Explorer:

http://windows.microsoft.com/pl-pl/windows7/block-enable-or-allow-cookies

Safari:

http://support.apple.com/kb/PH5042