1. General provisions
1.1. The online shop www.imegamobile.com, hereinafter referred to as the “Online Shop”, is run by Yasniel Diaz Marrero, running a business under the company IMEGA Yasniel Diaz Marrero, entered into the Central Register and Business Information at 44-200 Rybnik, 14 Smolna Street, which has an e-mail address: [email protected], identifying itself with NIP number 6472457939, hereinafter referred to as the “Seller”.
1.2. The Seller provides services related to the sale of professional filming platforms and aerial photographs presented on the websites of the Internet Shop, hereinafter referred to as “Goods”, in accordance with these Terms and Conditions.
1.3. Regulations of the online store www.imegamobile.com, hereinafter referred to as “Regulations”, is the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2013.1422 I.t.). Before concluding a contract, the Regulations are made available to the Clients free of charge via a link placed on the main page of the service www.imegamobile.com, in the tab Regulations (https://imegamobile.com/regulations). The Customer has the right to download these Regulations and make a printout. The Regulations are also made available at the request of the Customer in such a way that enables the acquisition, reproduction and recording of its content by means of an ICT system, which is used by the Customer.
1.4. “Customer” within the meaning of the Terms and Conditions is an adult natural person, legal person or organizational unit without legal personality, to whom special provisions grant legal capacity, and “consumer” means a Customer who is a natural person performing a legal transaction with an entrepreneur not directly related to its business or professional activity, unless the currently binding content of Article 22(1) of the Civil Code provides otherwise.
1.5. In order to use the Online Store, the Customer should have access to a device enabling them to browse the web pages and perform actions on them, to connect to the Internet, to use a web browser and to have an active e-mail box enabling them to receive e-mails. The Seller shall ensure the correct operation of the Internet Shop using the following browsers:
Internet Explorer version 6.0 or higher with Java applet support enabled, or
Mozilla Firefox version 2.0 or later with Java applet support enabled, or
Opera version 9.0 or later with Java applet support enabled, or
Google Chrome version 2.0 or later with Java applet support enabled, or
Apple Safari version 3.0 or later with Java applet support enabled.
In addition, the minimum screen resolution for comfortable browsing of the Online Store is 1024×768 pixels.
1.6. The use of the website of the Online Shop in a manner contrary to the law, in particular violating the personal rights of the Seller or third parties, disrupting the functioning of the Online Shop, including the provision of illegal content through it, is prohibited.
2. Making purchases
2.1. Making purchases in the Online Shop is possible on any day and at any time, with the reservation that the execution of orders takes place exclusively by receiving them in the stationary store.
2.2. Making purchases in the Online Shop takes place electronically, in which the Customer’s e-mail address and password are the only way to identify the Customer and orders placed effectively with the use of the above mentioned elements will be legally binding for the parties.
2.3. Placing an order is possible after registering in the Online Shop, which takes place after completing and accepting the registration form, available in the bookmark register, or without registration. Registration in the Online Shop does not oblige the Customer to place any minimum number of orders.
2.4. Providing any information, including personal data, by the Customer is voluntary, but failure to provide the information marked as required, will result in the account will not be able to be registered, or the order will not be able to be processed.
2.5. In order to send an order via the Online Shop, the Customer:
opens the website www.drone-partss.com following the information contained on the website and displayed messages, selects the Goods by adding particular items to the basket, the number of ordered pieces, and also chooses the method of delivery and payment from among those offered by the Seller, accepts the summary of the selected Goods, the method and cost of payment and the method and cost of delivery, and places an order for delivery of the Goods placed in the basket by clicking on the button “I order and pay”.
2.6. Sending an order by the Customer constitutes a declaration of will to conclude a sales agreement with the Seller, in accordance with the content of the Regulations and applicable laws, as well as an obligation to pay for the ordered Goods and to cover the agreed transaction costs.
2.7. After receiving the Customer’s order, the Seller confirms all important elements of the order by sending an e-mail to the e-mail address provided by the Customer, and also checks the availability of the ordered Goods. In the event of exhaustion of the stocks of the Goods for which the Customer placed an order, the Seller shall inform the Customer about this fact by e-mail. The Seller may also propose extended waiting time for delivery of the Goods ordered by the Customer. In such a situation, the Client may resign from the order or agree to an extended period of waiting for the delivery of the Goods. If the Customer does not respond, the order will be cancelled.
2.8. Confirmation of availability of the Goods and directing the order for execution takes place together with a request for payment by sending an e-mail to the e-mail address provided by the Client. As soon as the Client receives the e-mail message referred to in the preceding sentence, a sales agreement is concluded between the Client and the Seller, pursuant to which the Seller undertakes to deliver the Goods to the Client and transfer their ownership to the Client, and the Client undertakes to collect and pay the price of the Goods to the Seller and to cover the agreed transaction costs.
2.9. The sales contract is concluded in Polish, English, Spanish
21 Withdrawal from a contract concluded by a consumer at a distance
21.1. Consumer who has concluded a distance or off-premises contract of the enterprise, may withdraw from the contract within 14 days without giving any reason and without incurring costs, with the exception of the costs specified in Articles 33, 34(2) and 35 of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014.827). The consumer may withdraw from the contract by submitting an appropriate statement in writing – a form, a specimen of which is Attachment No. 1 to these Regulations.
21.2. In order to comply with this deadline, it is sufficient to send the declaration before its expiry.
21.3. The withdrawal period begins with the taking possession of the goods by the consumer or a third party other than the carrier, indicated by the consumer or, in the case of a contract which covers several items delivered separately, in lots or pieces, the taking possession of the last good, lot or piece.
3. Personal receipt of goods
3.1. The ordered goods can be picked up at the store at 14 Smolna Street in Rybnik.
4.1. The Client has the possibility to pay for the ordered Goods using online payments (through the website of their bank) or in a stationary shop
5.1. The Seller is legally obliged to deliver goods without defects to the Customer.
5.2. The Seller shall be liable to the Customer by way of warranty, for physical and legal defects of the Goods purchased by this Customer, within the scope and on the principles set forth in the Civil Code.
5.3. Customers who are consumers submit complaints to the Seller in any form chosen by them, enabling the Seller to familiarize with the content of the complaint. The complaint should include an indication of what is the defectiveness of the Goods and the Client’s request.
5.4 The Customer shall notify the Seller of the defect in the Goods before the lapse of one year from its discovery, if a physical defect is found within two years from the date of delivery of the Goods to the Customer, under pain of loss of rights under the warranty, subject to clause 56.5 below. In order to meet the deadline, it is sufficient to send a notice before its expiry. For Customers who are consumers, the period for notifying the Seller of a defect cannot end before the lapse of two years from the date of delivery of the Goods to the Customer.
5.5. However, a Buyer who is not a consumer shall lose warranty rights if he has not examined the goods in the time and manner adopted for such items and has not immediately notified the Seller of the defect, and in the event that the defect came to light only later, if he has not notified the Seller immediately after its discovery.
5.6. If the sold Goods have a defect, the Customer may make a statement on price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience for the Customer replaces the defective item with a free from defects or removes the defect. This limitation shall not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with a defect-free or defect removal.
Reduction of the price shall take place in such proportion to the price resulting from the contract, in which the value of the Goods with a defect remains to the value of the Goods without a defect.
5.7. The Customer, being a consumer, may instead of the defect removal proposed by the Seller demand replacement of the Goods with a defect-free one, or instead of replacement of the Goods demand removal of the defect, unless bringing the Goods into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs in comparison with the manner proposed by the Seller.
5.8. The Customer may not withdraw from the contract if the defect in the Goods is immaterial.
5.9. SThe Seller undertakes to consider each complaint within 14 days, counted from the date of delivery of the Customer’s complaint, in a way that enables the Customer to get acquainted with its content. If examination of the complaint requires examination of the Goods, the Seller is obliged to examine it within 14 days, counted from the date of delivery of the Complained Goods to the Seller. In the case of legitimacy of the complaint, the Seller informs the Client about it, stating also the waiting time within which the Client’s request will be met. The Seller meets the Client’s request in the shortest possible time, not longer than the information provided to the Client in the information referred to in the preceding sentence.
5.10 The Customer sends back the Goods complained about to the address given in point 35.12. above. The Customer should pack the returned Goods in a manner protecting them from damage during transport.
6. Quality assurance
6.1. The Seller grants the Customer a quality guarantee for the efficient operation of the Goods specified on the sales document. Warranty period is 1 year, unless the description of the Goods given in the offer, on the basis of which the contract of sale was concluded, provides otherwise. In such a case, the warranty period is consistent with the information contained in the offer. The warranty period is counted from the date of receipt of the Goods by the Customer.
6.2. The guarantee covers only defects of parts resulting from a manufacturing defect of the Goods and can be realized only in the territory of the Republic of Poland.
6.3. The warranty does not apply to defects resulting from incorrect installation, use of the Goods not in accordance with its purpose or operating instructions, negligence on the part of the user or from wear and tear.
6.4. Notification of a defect in the Goods by the Customer and initiation of the warranty complaint procedure takes place at the moment when the Seller receives the Customer’s declaration on the notification of the defect and delivery of the defective Goods together with the proof of its purchase in the Seller’s shop. The Client’s declaration on reporting a defect should include an indication of what the defectiveness of the Goods is.
6.5. Defective Goods can be delivered in replacement packaging, which will ensure an appropriate level of protection during transport.
6.6. The cost of delivering the Goods to the Seller’s service shall be covered by the Seller, within the scope of the cheapest transport costs available for the given Goods. Delivery costs shall be reimbursed after the notification of the defect covered by the warranty has been deemed justified. The above shall not apply if the complaint is manifestly unfounded.
6.7. The Client should archive the data stored on the carrier, which is a part of the Goods, as they may be lost as a result of repair. The Seller shall not be liable for the loss of data stored in the memory of the Goods delivered to the Seller.
6.8. In the event of a defect in the Goods, the Client shall be entitled to the following rights under the guarantee:
– repair of the Goods, or when it will be impossible or very difficult:
– replacement of the Goods with a new one, and also when it will be impossible or very difficult to do so reduction of the price or its return on return of the Goods.
6.9. The Seller shall deliver the repaired or replaced Goods to the Customer at its own expense to the place of delivery of the Goods at the time of purchase.
6.10. The Customer’s rights under the guarantee expire automatically:
a. After the warranty period has expired;
b. in the event of any changes, modifications, supplementation or replacement of the Goods or any of its parts by the Customer or an entity other than the Seller;
c. in the case of using the Goods in a manner inconsistent with its intended use and the guidelines of the Seller and the manufacturer of the Goods;
d. in case of lack of proper maintenance of the Goods;
e. in case, when damage or defects of the Goods resulted from it:
– harmful radiation,
– any mechanical injury,
– short-circuit of the electrical system;
f. in case of violation, damage or breaking seals or serial numbers of the Goods or covering them in any way that makes it impossible to identify the Goods.
6.11. The Seller shall consider the notification of a defect covered by the warranty and perform its obligations arising therefrom within the following time limits:
immediately, not later than within 45 days, if the defect may be diagnosed by the Seller,
immediately, not later than within 180 days, if the diagnosis of the defect will require an opinion of the manufacturer of the Goods as to the nature of the defect and the possibility of its repair.
6.111. If the product has a manufacturing defect and it will be reported, and the product will be delivered to the shop indicated in point 3.1. 3.1. within 7 days from the date of purchase, the application is qualified for the DOA programme, i.e. replacement of the product with a new one. If the defect is confirmed, the product is replaced with a new one within 7 working days from the date of claim and delivery of the product, without having to wait for completion of the repair.
6.12. In the event that the Customer’s rights under the guarantee do not cover the identified defect, the Seller shall immediately inform the Customer about it. In this case, the Customer may order the Seller to repair the Goods for an appropriate fee. The cost of repair shall be presented to the Customer after the Seller’s service department or the manufacturer recognizes the source of the defect. If the Customer, after receiving the valuation, resigns from the paid repair, he shall be obliged to cover the costs of the diagnosis in the amount of respectively: PLN 30 in the case of a diagnosis at the Seller’s service centre and PLN 50 in the case of a diagnosis at the manufacturer’s service centre.
6.13. The Buyer is obliged to take over the repaired Goods, issued to him by the Seller in accordance with clause 67.9. above, within no more than 3 months from the date of informing the Customer about the readiness to take over the Goods. After this period, the Seller shall be entitled to treat the Goods in question as abandoned in the intention to dispose of ownership, within the meaning of Article 180 of the Civil Code.
6.14. Through the Seller it is possible to use an authorized post-warranty service. In order to take advantage of such a solution, the damaged product should be delivered to the Seller’s registered office indicated in point 3.1 (together with a completed repair form). 3.1. (together with the completed repair form) or contact the customer service department if you would like to send the product directly to the service (phone +48 660 560 272, e-mail: [email protected]). The repair quote and diagnosis is presented within 7 working days from the date of delivery of the product to the Seller’s headquarters. Product repair should not exceed 7 working days (depending on the type of damage and availability of spare parts).
6.154. The warranty does not exclude, limit or suspend the Customer’s rights under the provisions on warranty for defects of the sold item.
7. Protection of personal data
7.1. The Seller processes and protects the personal data of the Customers in accordance with the principles specified by law, in particular the Personal Data Protection Act of 29 August 1997 (Journal of Laws 2002.101.926, as amended) and the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2013.1422, as amended).
8. Final provisions
8.1. The settlement of any disputes arising between the Seller and the Customer, who is a consumer, shall be subject to the courts with territorial jurisdiction in accordance with the applicable laws.
8.2 The consumer is also entitled to make use of out-of-court complaint handling and redress procedures. Detailed information is available at the following internet addresses: http://www.uokik.gov.pl and http://www.rzu.gov.pl., as well as on the websites and offices of consumer ombudsmen, social organisations whose statutory tasks include consumer protection and Provincial Inspectorates of the Trade Inspectorate.
8.3. Settlement of any disputes arising between the Seller and the Customer who is not a consumer shall be submitted to the court having jurisdiction over the registered office of the Seller.
8.4. In matters not regulated by these Regulations, the relevant provisions of law shall apply.
8.5. Any comments or questions concerning the functioning of the Online Store can be submitted to the addresses given in the contact section.
8.6. These Terms and Conditions shall be without prejudice to any rights of the Customer under applicable law. If any provision of these Terms and Conditions is inconsistent with applicable law, this provision shall not apply.
8.7. The Terms and Conditions are valid from […]. The Seller may change the Terms and Conditions, informing the Customers about the changes introduced at least 14 days in advance. Information about the planned change of the Terms and Conditions will be published on the website of the Online Shop, together with the text of the new version of the Terms and Conditions. Orders commenced prior to the entry into force of the changes shall be carried out in accordance with the existing rules.