Terms of Service
TERMS AND CONDITIONS OF THE OTTOBEST ONLINE STORE
TABLE OF CONTENTS:
GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE STORE
CONDITIONS FOR CONCLUDING A SALES AGREEMENT
METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
COST, METHODS, AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
PRODUCT COMPLAINT
PROVISIONS CONCERNING ENTREPRENEURS – RETURN OF GOODS
FINAL PROVISIONS
GENERAL PROVISIONS
1.1. The online store available at ottobest.com takes personal data protection very seriously, processed transparently and lawfully. E-mail address for contact regarding the regulations and the processing of personal data: sales@ottobest.com
1.2. These Regulations are intended only for customers and entrepreneurs using the Online Store
1.3. The administrator of personal data processed in connection with implementing the provisions of these Regulations is Ottobest. Personal data is processed for the purposes, to the extent and based on the principles set out in the privacy policy published on the Online Store website. Providing personal information is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and correct them.
1.4. Definitions:
1.4.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store that allows you to create an account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Agreement, including the delivery method and payment.
1.4.4. CUSTOMER – (1) a natural person running a registered business; (2) legal person; or (3) an organizational unit without legal personality, which the law recognizes as having legal capacity; – who has a registered account in the Online Store, has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT – Electronic Service, a collection of resources in the Service Provider’s ICT system marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
1.4.7. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news, and promotions in the Online Store.
1.4.8. PRODUCT – a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller.
1.4.9. REGULATIONS – these regulations of the Online Store.
1.4.10. ONLINE STORE – the Service Provider’s online store is available at the Internet address: www.ottobest.com.
1.4.11. DEALER; SERVICE PROVIDER – Ottobest, e-mail address: sales@ottobest.com
1.4.12. SALE AGREEMENT – a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provider electronically provided to the Service Recipient via the Online Store.
1.4.14. SERVICE RECIPIENT – (1) a natural person running a registered business; (2) legal person; or (3) an organizational unit without legal personality, which the law recognizes as having legal capacity; – who has a registered account in the Online Store, using or intending to use the Electronic Service.
1.4.15. ORDER – Customer’s declaration of intent submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
1.4.15 SALES MANAGER – a person assigned to handle a given Customer is assigned in the last stage after creating an account.
ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Order Form, Account, and Newsletter.
2.1.1. Account – using the Account is possible after completing a total of three consecutive steps by the Customer – (1) providing a valid e-mail address, (2) clicking the “Register” field, and (3) filling in the delivery address, billing address and contact details. The password and username will be automatically sent to the e-mail address provided during registration. In the next 24-48 hours, a price list will be attached, and a Sales Representative will be assigned, about which the Service Recipient will be informed to the e-mail address provided during registration.
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. At any time and without giving any reason, the Service Recipient may delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail, to the following address: sales@ottobest.com.
2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes a total of two subsequent steps – (1) completing the Order Form and (2) clicking the “Buy and Pay” field on the Online Store website after completing the Order Form – until then, it is possible to modify the entered data (in for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, the Customer must provide the following data about the Customer: name and surname/company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number, tax identification number and data regarding Sales Agreements: Product (s), the quantity of Product (s), place and method of delivery of the Product (s), method of payment.
2.1.2.1. The Electronic Service Order Form is provided free of charge and is of a one-off nature, and ends when the Order is placed through it or when the Customer stops placing the Order through it.
2.1.3. Newsletter – the use of the Newsletter takes place after providing the e-mail address in the “Newsletter” tab visible on the Online Store website to which subsequent editions of the Newsletter are to be sent; click on the action field. You can also subscribe to the Newsletter by selecting the appropriate checkbox when creating an Account – upon creating the Account, the Customer is subscribed to the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to unsubscribe from the Newsletter (resign from the Newsletter) by clicking on the “unsubscribe” link in the e-mail received or by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: sales@ottobest.com.
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) the recommended minimum screen resolution: 1024 × 768; (5) enabling cookies and Javascript support web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, with respect for the Service Provider and third parties’ personal rights and copyrights, and intellectual property. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing illegal content.
2.4. Complaint procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point 6 of the Regulations), the Customer may submit, for example:
2.4.2. via the contact form on the website www.ottobest.com/contact/;
2.4.3. in electronic form via e-mail to the following address: sales@ottobest.com;
2.4.4. It is recommended that the Service Recipient provides in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular, the type and date of occurrence of irregularities; (2) the Service Recipient’s requests; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.5. The Service Provider responds to the complaint immediately, no later than within 14 calendar days from the date of its submission.
CONDITIONS FOR CONCLUDING A SALES AGREEMENT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller occurs after the Customer has placed an order using the Order Form in the Online Store following point 2.1.2 of the Regulations.
3.2. The Product price shown on the Online Store website are in euros. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including charges for transport, delivery, and postal services) and other costs, and if the amount of these fees cannot be determined – the Customer is informed about the obligation to pay on the website of the Online Store when placing an order, including when the Customer expresses his will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store following point 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.4. Consolidating, securing, and making the content of the concluded Sales Agreement available to the Customer takes place by (1) providing these Regulations on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.3.2. Of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.
METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Cash on delivery upon delivery.
4.1.2. Payment by bank transfer to the Seller’s bank account.
4.1.3. Electronic payments and payments by Visa, Visa Electron, MasterCard, MasterCard, MasterCard Electronic, Maestro, possible current payment methods are specified on the Online Store website in the information tab on payment methods and the website.
4.1.4. Deferred payments, agreed individually with the client
4.1.5.1. Settlements of transactions with electronic payments and payment cards are carried out according to the Customer’s choice via the website. The service of electronic payments and payment cards is provided by OCEAN PAYMENT:
4.1.5.1.1. OCEANPAYMENT CO.,LIMITED. address: Unit605C 6/F InnoCentre 72 Tat Chee Avenue Kowloon Tong Kowloon Hong Kong www.oceanpayment.com
4.1.6 If the customer chooses the payment method by bank transfer or payment card, the order processing time is counted from the date of crediting the Seller’s bank account or settlement account.
4.2. Payment deadline:
4.2.1. If the Customer selects payment in cash on personal collection, payment by bank transfer, electronic payment, or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale
4.2.2. If the Customer selects the payment on delivery upon delivery, the Customer is obliged to make the payment upon delivery.
COST, METHODS, AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
5.1. Product delivery is available in Poland, Germany, Czech Republic, Slovakia, Belgium, the Netherlands, Denmark, Austria, Italy, Portugal, Spain, France, Sweden, Finland.
5.2. The delivery of the Product to the Customer is payable unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery, and postal services) are indicated to the Customer on the Online Store website in the information tab on delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
5.3. Personal collection of the Product by the Customer is free of charge.
5.4. The Seller provides the Customer with the following methods of Product delivery or collection:
5.4.1. Courier, cash on delivery.
5.4.2 Foreign courier service.
5.5. The deadline for delivering the Product to the Customer is up to 14 Business Days unless a shorter period is specified in the Product description or when placing the Order. In products with different delivery times, the delivery date is the longest given date, which may not exceed 14 Business Days. The start of the period for delivery of the Product to the Customer is counted as follows:
5.5.1. If the Customer chooses the payment method by bank transfer, electronic payment, or payment card – from the date of crediting the Seller’s bank account or settlement account.
5.5.2. If the Customer chooses the payment method on delivery – from the date of concluding the Sale Agreement.
5.5.3. If the Customer chooses the method of deferred payment – from the date of the Sale Agreement.
5.5.4. If the customer chooses the payment method by bank transfer or payment card, the order processing time is counted from the date of crediting the Seller’s bank account or settlement account.
5.6. The deadline for the Product to be picked up by the Customer – if the Customer selects a personal Product collection, the Product will be ready for collection by the Customer within 3 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different terms of readiness for collection, the term of readiness for collection is the longest term provided, which may not exceed 3 Business Days. The Seller will additionally inform the Customer about the readiness of the Product for collection. The beginning of the period of readiness of the Product for collection by the Customer is counted as follows:
5.6.1. If the Customer chooses the payment method by bank transfer, electronic payment, or payment card – from the date of crediting the Seller’s bank account or settlement account.
5.6.2. If the Customer chooses the cash method on personal pickup – from the date of conclusion of the Sales Agreement.
PRODUCT COMPLAINT
6.1. The basis and scope of the Seller’s liability towards the Customer, if the Product sold has a physical or legal defect (warranty), are defined by generally applicable laws, particularly in the Civil Code (Articles 556-576 the Civil Code).
6.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information on the Seller’s liability for a Product defect and the Customer’s rights are set out on the Online Store website in the complaint information tab.
6.3. The complaint may be submitted by the customer, for example:
6.3.1. via the contact form at www.ottobes.com/contact/
6.3.2. in electronic form via e-mail to the following address: sales@ottobest.com;
6.4. It is recommended that the Customer provides in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular, the type and date of the defect; (2) demand a method of bringing the Product into compliance with the Sales Agreement or a declaration of a price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. The Seller will respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer has requested replacement of the item or removal of the defect, or submitted a price reduction statement, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request was considered justified.
6.6. The Customer who exercises the rights under warranty is obliged to deliver the defective Product at the Seller’s expense to the address indicated by the Seller in the mileage or telephone correspondence. If due to the type of the Product or the method of its installation, the delivery of the Product by the Customer would be complicated, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.
PROVISIONS CONCERNING ENTREPRENEURS – RETURN OF GOODS
7.1. This section of the Regulations and the provisions contained therein apply only to Customers and Service Users who are not consumers.
The product and the original sealed packaging with a seal, if it had one.
7.2 The Seller allows the Customer to return or replace the goods within one year of issuing the sales document. The necessary condition for accepting such a return/exchange is the impeccable condition of the packaging and the product itself, i.e., no price tags, inscriptions, traces of flooding or tears on the packaging, traces of assembly/use.
Product return – guaranteed 14 days for return.
According to the Act of May 30, 2014, “On consumer rights,” you have the right to withdraw from the purchase without giving any reason within 14 days from the date of receipt of the parcel.
The exercise of this right is possible if you submit a written declaration of withdrawal from the contract within the above-mentioned period.
To meet the withdrawal deadline, it is sufficient to send a declaration of withdrawal in electronic form to the e-mail address sales@ottobest.com.
You should send the returned product without undue delay, within no more than 14 days, to the address provided by the administrator in response to your request.
7.3. The Seller has the right to withdraw from the Sales Agreement concluded with the 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.
7.4. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring a prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding a Sales Agreement.
7.5. Upon the Product’s release by the Seller to the carrier, the benefits, and burdens associated with the Product and the risk of accidental loss or damage to the Product shall be transferred to the Customer, who is not a consumer. In such a case, the Seller shall not be liable for any loss, defect, or damage to the Product arising from its acceptance for transport until its delivery to the Customer and for the delay in transporting the shipment.
7.6. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and the manner accepted for such parcels. If it finds that the Product has been lost or damaged during transport, it is obliged to perform all actions necessary to determine the carrier’s liability.
7.7. according to Art. 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product towards the Customer who is not a consumer is excluded.
7.8. In the case of Customers who are not consumers, the Service Provider may terminate the contract to provide Electronic Services with immediate effect without giving reasons by sending the Customer an appropriate statement.
7.9. The liability of the Service Provider / Seller towards the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the amount of the price paid and delivery costs under the Sales Agreement, but not more than up to the amount of 500 euros. The Service Provider / Seller is liable to the Service Recipient / Customer who is not a consumer only for typical damages predictable when concluding the contract and is not responsible for the lost benefits to the Service Recipient / Customer consumer.
7.10. Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the seller / Service Provider. seat
FINAL PROVISIONS
8.1. Agreements concluded via the Online Store are concluded in English and Polish.
8.2. Changing the Regulations:
8.2.1. The Service Provider reserves the right to amend the Regulations for important reasons: changes in the law; changes in payment and delivery methods – to the extent to which these changes affect the implementation of these regulations’ provisions.
8.2.2. In concluding continuous contracts based on these Regulations (e.g., the provision of Electronic Services – Newsletter), the amended regulations bind the Service Recipient if the requirements specified in art. 384 and 384 [1] of the Civil Code, the Service Recipient was properly informed about the changes and did not terminate the contract within 14 calendar days from the date of notification.
8.2.3. In the event of concluding contracts of a different nature than continuous contracts (e.g., Sales Agreement) based on these Regulations, changes of the regulations will not in any way infringe the rights acquired by the Service Users / Customers before the effective date of the amendments to the Regulations, in particular, amendments to the Regulations will not affect the already placed or placed Orders and concluded, implemented or performed Sales Agreements.
8.3. These Regulations do not exclude the provisions in force in the country of habitual residence of the consumer concluding a contract with the Service Provider / Seller, which cannot be excluded by agreement. In this case, the Service Provider / Seller guarantees the consumer the protection granted to him based on provisions that cannot be excluded by the agreement.
8.4. GOVERNING LAW
When completing your purchase, a billing statement including ‘ottobest.com’ and the country code such as ‘HK’,’UK’, etc. would be displayed on the payment page and/or your card statement.
All purchases will be processed by our respective entity in the corresponding country as indicated by the country code in the billing statement and are governed by the Local Law.