Terms and conditions

Gdansk 15.09.2021

§ 1

Preliminary provisions

  1. Online store ATMO.BY, available at https://atmo.by, is run by Aliaksandr Vidruk who conducts business under the company Aliaksandr Vidruk, registered in the central register and information on Business Activity (CEIDG) maintained by the minister responsible for economy, NIP 5833436617, REGON 389962750.
  2. These terms and conditions are addressed to consumers and define the rules and procedure for concluding a distance sales contract with the consumer through the store.

§ 2

Definitions

Consumer — an individual entering into a contract with the seller within the store, the subject matter of which is not directly related to its economic or professional activities.
Seller — an individual conducting business under the company Aliaksandr Vidruk, registered in the central register and information on Business Activity (CEIDG) maintained by the minister responsible for Economic Affairs, NIP 5833436617, REGON 389962750
Customer — any entity making purchases through the store.
Entrepreneur — an individual, a legal person and an organizational unit that is not a legal person, which a separate act grants legal capacity, performing on its own behalf business activities that use the store.
Shop — online shop run by the seller at the internet address https://atmo.by.
Distance contract — a contract concluded with the customer within the framework of an organized distance contract system (within the store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
Terms and conditions — these terms and conditions of the shop.
Order — a statement of the customer’s will made using the order form and aimed directly at concluding a contract of sale of the product or products with the seller.
Account — customer’s account in the store, it collects data provided by the customer and information about orders placed by him in the store.
Registration form — a form available in the store that allows you to create an account.
Order form — an interactive form available in the store that allows you to place an order, in particular by adding products to the basket and specifying the terms of the sales agreement, including the method of delivery and payment.
Cart — an element of the software of the store, in which the products selected by the customer for purchase are displayed, and it is also possible to determine and modify the order data, in particular the quantity of products.
Product — a moving object/service available in the shop, which is the subject of a sales contract between the customer and the seller.
Contract of sale — a contract of sale of a product concluded or concluded between the customer and the seller through the online store. The contract of sale also means – application to the characteristics of the product-the contract for the provision of services and the contract for the work.

§ 3

Contact with the store

  1. Seller’s address: Poland, Gdańsk, ul. Długa Grobla 8
  2. Seller’s e-mail address: mail@atmo.by
  3. Seller phone number: +48 511444210
  4. Seller’s bank account number PL84 1020 1811 0000 0202 0380 0489
  5. The customer may communicate with the seller using the addresses and telephone numbers provided in this paragraph.
  6. The customer can communicate by phone with the seller between 9 and 18 (GMT+2)

§ 4

Technical requirements

To use the store, including viewing the store’s assortment and placing orders for products, you must:

  1. terminal equipment with Internet access and Internet browser type:
    Chrome version 49 and higher
    Firefox version 43 and higher
    MS Internet Explorer version 10 and higher
    Microsoft Edge version 13 and higher
    Opera version 36 and higher
    Safari version 4 and higher
  2. minimum Screen Resolution 1024 x 768 pixels
  3. the browser must enable JavaScript and allow the storage of cookies
  4. active e-mail account (e-mail)
  5. cookies enabled

§ 5

General information

  1. To the fullest extent permitted by law, the seller shall not be liable for any disruptions, including interruptions in the operation of the store caused by force majeure, unauthorized actions of third parties or incompatibility of the online store with the customer’s technical infrastructure.
  2. Browsing the store assortment does not require creating an account. Placing orders by the customer for products included in the assortment of the store is possible either after setting up an account in accordance with the provisions of § 6 of the regulations or by providing the necessary personal and address data enabling the order to be carried out without setting up an account.

The prices given in the shop are given in EUR and are gross prices (including VAT).

  • The final (final) amount to be paid by the customer consists of the price for the product, which the customer is informed about on the store’s pages during the placing of the order, including at the time of expressing his desire to be bound by the contract of sale.
  • In the case of a contract involving subscription or provision of services for an indefinite period, the final (final) price is the total price covering all payments for the billing period.

§ 6

Creating an account in the store

The store does not have the ability to create an account.

§ 7

Rules for placing an order

In order to place an order:

  1. select the product to be ordered and click “Add to Cart” (or equivalent)
  2. fill in the order form by entering the data of the customer of the order and the address to which the product is to be delivered
  3. click the “order and pay”button/click the “order and pay” Button and confirm the order by clicking on the link sent in the e-mail message
  4. choose one of the available payment methods and, depending on the payment method, pay the order within the specified period, subject to § 8 paragraph 3.

§ 8

Delivery and payment methods offered

  1. The customer can use the following methods of delivery or receipt of the ordered product:
    • After the purchase, the customer will receive an e-mail with the order number to the mail specified during the payment. The customer sends this order number to the private message Instagram account @anastasiya_vidruk and gets access to the product.
    • After the purchase, the customer will receive an e-mail with the order number to the mail specified during the payment. The client sends it to e-mail: mail@atmo.by
  2. The customer can use the following payment methods:
    • Electronic payments
    • Payment by credit card.
  3. Detailed information on delivery methods and acceptable payment methods can be found on the store’s website.

§ 9

Execution of the sales contract

  1. The contract of sale between the customer and the seller is concluded after the customer has previously placed an order using the order form in the online store in accordance with § 7 of the regulations.
  2. After placing the order, the seller immediately confirms its receipt and simultaneously accepts the order for execution. Confirmation of receipt of the order and its acceptance for execution occurs by sending the seller to the client an appropriate e-mail to the client’s e-mail address specified during the order submission, which contains at least the seller’s statements about the receipt of the order and its acceptance for execution and confirmation of the conclusion of the sales agreement. Upon receipt by the customer of the above e-mail, a sales agreement is concluded between the customer and the seller.
  3. In case of customer’s choice:
    • payment by bank transfer, electronic payment or payment by credit card, the customer is obliged to make the payment within 2 calendar days from the date of the contract of sale-otherwise the order will be cancelled.
  4. The beginning of the delivery period of the product to the customer counts as follows:
    • If the customer chooses the method of payment by bank transfer, electronic payments or payment card-from the date of recognition of the seller’s bank account.
    • When ordering products with different pick-up times, the pick-up time is the longest specified time.
  5. Delivery of the product takes place all over the world.
  6. Delivery of the product to the customer is free of charge.

§ 10

Right of withdrawal

  1. The consumer may withdraw from the contract of sale within 14 days without giving any reason.
  2. The period referred to in paragraph 1 shall begin with the charge for the product.
  3. In the case of a contract consisting in the regular supply of products for a specified period (subscription), the period specified in paragraph 1 shall run from the taking possession of the first item.
  4. The consumer may withdraw from the contract by submitting a declaration of withdrawal to the seller. In order to comply with the withdrawal period, it is sufficient for the consumer to send a statement before the expiry of this period.
  5. The statement may be sent by e-mail, by sending the statement to the seller’s e-mail address-the seller’s contact details are specified in § 3.
  6. If the declaration is sent by the consumer by electronic means, the seller shall immediately send the consumer to the e-mail address provided by the consumer confirmation of receipt of the declaration of withdrawal from the contract.
  7. Consequences of withdrawal:
    • In case of withdrawal from the contract, the seller shall reimburse the consumer without delay, not later than within 14 days from the date of receipt of the consumer’s declaration of withdrawal from the contract, all payments made by the consumer, including the costs of delivery of the goods, except for additional costs resulting from the consumer’s choice of delivery method other than the cheapest usual delivery method offered by the seller.
  8. The seller shall reimburse the payment using the same payment methods used by the consumer in the original transaction, unless the consumer has expressly agreed to a different arrangement which does not impose any costs on him.
  9. The seller may withhold reimbursement until the product is returned or proof of return is provided, whichever occurs first.
  10. The consumer does not have the right to withdraw from a distance contract in relation to the contract:
    • for the provision of services, if the seller has performed the service in full with the express consent of the consumer, who was informed by the beginning of the service that after the performance of the service by the seller will lose the right of withdrawal from the contract,
    • where the price or remuneration depends on fluctuations in the financial market over which the seller has no control and which may occur before the expiry of the withdrawal period,
    • o the supply of digital content that is not stored on a material medium, if the performance of the service began with the explicit consent of the Consumer before the expiration of the term for withdrawal from the contract and after informing him by the seller of the loss of the right of withdrawal from the contract

§ 11

Complaint and warranty

Any disputes arising in connection with the implementation of service agreements and courses between the client and the entrepreneur will be settled in the first place through negotiations, with the intention of an amicable end to the dispute. If it is not possible to reach an amicable settlement of the dispute, each party will be entitled to refer the case to the court of general jurisdiction with jurisdiction in the matter.

§ 12

Personal data in the online store

  1. The administrator of personal data of customers collected through the online store is the seller.
  2. Personal data of customers collected by the administrator through the online store is collected for the purpose of the implementation of the sales agreement, and if the customer agrees to it-also for marketing purposes.
  3. Recipients of personal data of customers of the online store can be:
    • In the case of a customer who uses an electronic payment method or a payment card in the online store, the administrator makes the collected personal data of the customer available to the selected entity that handles these payments in the online store.
  4. The customer has the right to access and correct the content of his data.
  5. The provision of personal data is voluntary, although failure to provide the personal data specified in the terms and conditions necessary for the conclusion of the contract of sale results in the impossibility of concluding the contract.

§ 13

Final provisions

  1. Contracts concluded through the online shop are concluded in Polish.
  2. The seller reserves the right to make changes to the terms and conditions for important reasons, i.e. changes in the law, changes in payment and delivery methods — to the extent that these changes affect the implementation of the provisions of these terms and conditions. The seller shall inform the customer of any change at least 7 days in advance.
  3. In matters not regulated in these regulations, generally applicable provisions of Polish law, in particular: the civil code; the act on the provision of services by electronic means; the act on consumer rights, the act on the protection of personal data.
  4. The customer has the right to use out-of-court methods of handling complaints and claims. To this end, it may lodge a complaint via the ODR’s EU online platform, available at: http://ec.europa.eu/consumers/odr.