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Terms and Conditions |
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This page contains the terms and conditions on which we supply any of the products (each a
“Product”) listed on our website www.odido24.net (the “Site”) to you. Please read these
Terms and Conditions carefully before ordering any Products from the Site. You should
understand that by ordering any of our Products, you agree to be bound by these Terms and
Conditions.
1. About us and these Terms and Conditions
1.1 Odido Sp. z o.o. is a company registered in Poland with the
district court of Warsaw under KRS: 0000047354 and NIP: 5220002860 with registered office
at Lechicka 15, 02-156 Warsaw/ Mazowieckie, Poland. If you have any comments or suggestions, we would
be pleased to receive them by emailing us at: info@odido24.net
1.2 These Terms and Conditions govern the supply by us of any Product ordered by you on the
Sites. By agreeing to order a Product, you agree to be legally bound by these Terms and
Conditions.
1.3 These Terms and Conditions are our copyrighted intellectual property. Use by third
parties – even of extracts – for the commercial purposes of offering goods and/or services–
is not permitted. Infringements may be subject to legal action.
2. Your Status
By placing an order through the Site, you warrant that you are at least 18 years
old.
3. Effect
3.1 These Terms and Conditions shall apply to all Orders and Contracts made or to be made by
us for the sale and supply of Products. When you submit an Order to us, give any delivery
instruction or accept delivery of the Products, this shall in any event constitute your
unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions
affects your statutory rights (including the right to insist that goods you buy from
businesses must correspond with their description, be fit for their purpose and be of
satisfactory quality).
3.2 These Terms and Conditions shall prevail over any separate terms put forward by you. Any
conditions that you submit, propose or stipulate in whatever form and at whatever time,
whether in writing, by email or orally, are expressly waived and excluded.
3.3 No other terms or changes to the Terms and Conditions shall be binding unless agreed in
writing signed by us.
4. How a Contract is formed
4.1 When making an Order, you must register for an Account on the Sites as detailed in
clause 9, and you must follow the instructions on the Sites as to how to make your Order
and for making changes to your prospective Order before you submit it to the Sites.
4.2 Irrespective of any previous price you have seen or heard, once you select a Product
that you wish to Order, you will then be shown or told (on the Sites) the charges you must
pay including taxes, if applicable, and any applicable delivery charges. Unless otherwise
stipulated on the Sites, all charges are in the currency then in force the EU. Subject to
clause 4.12 below, this is the total that you will pay for receipt of the ordered
Product.
4.3 You shall pay for the Product in full at the time of ordering by supplying us with your
bank account, which we require in order to process your Order. Alternatively, you may pay by
any method that we have said is acceptable to us, but in any event we shall not be bound to
supply before we have received cleared funds in full. Depending on the results of a credit
check we reserve the right not to offer certain forms of payment and to refer you to our
other forms of payment.
4.4 If you are asked for details of a payment, you must be fully entitled to use that card
account. The account must have sufficient funds to cover the proposed payment to us.
4.5 You undertake that all details you provide to us for the purpose of purchasing the
Product from us will be correct, that the account or other payment method which you use is
your own and that there are sufficient funds or credit facilities to cover the cost of the
Product. We reserve the right to obtain validation of your payment details before providing
you with the Product.
4.6 When you submit an Order to the Sites, you agree that you do so subject to these Terms
and Conditions current at the date you submit your Order. You are responsible for reviewing
the latest Terms and Conditions each time you submit your Order.
4.7 You agree that you will receive invoices and credit notes exclusively in electronic
form.
4.8 Your Order remains valid as an offer until we issue our Confirmation of Order or, if
earlier, when we receive your notice revoking your Order.
4.9 We shall not be obliged to supply the Product to you until we have accepted your Order.
Unless expressly stating that we accept your order, an email, letter, fax or other
Acknowledgement of your Order by us is purely for information purposes and does not
constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order
reference number and details of the Product you have ordered. We may in our discretion
refuse to accept an Order from you for any reason, including unavailability of supplies or
we may offer you an alternative Product (in which case we may require you to re-submit your
Order first).
4.10 A Contract shall be formed and we shall be legally bound to supply the Product to you
when we accept your Order. Acceptance shall take place when we expressly accept your Order
by email to you, in the form of a document called a “Confirmation of Order” stating that we
are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when
it has been dispatched by us. Without affecting your obligation to pay us earlier, we may
send an invoice to you at any time after we have accepted your Order. Until the time when we
accept your Order, we reserve the right to refuse to process your Order and you reserve the
right to cancel your Order. If we or you have cancelled your Order before we have accepted
it, then we will promptly refund any payment already made by you to us for the order of the
Product.
4.11 If you discover that you have made a mistake with your Order after you have submitted
it to the Sites, please contact info@odido24.net immediately. However, we cannot
guarantee that we will be able to amend your Order in accordance with your
instructions.
4.12 We try very hard to ensure that the price given to you is accurate, but the price of
your Order will need to be validated by us as part of our acceptance procedure. If the price
for the Order changes before we accept your Order, we will contact you and ask you to
confirm that you wish to proceed at the amended price.
4.13 A Contract will relate only to those Products whose dispatch we have confirmed in the
Confirmation of Order. We will not be obliged to supply any other Products which may have
been part of your Order until we have sent a Confirmation of Order in relation to those
Products.
4.14 You must only submit to us information which is accurate and not misleading and you
must keep it up to date and inform us of changes.
5. Delivery
5.1 We aim to deliver the Product to you at the place of delivery requested by you in your
Order.
5.2 We aim to deliver within the time indicated by us at the time of your Order. We always
aim to deliver within 3 – 5 working days from the date of any Order which we accept, but we
cannot guarantee any firm delivery dates.
5.3 We shall aim to let you know if we expect that we are unable to meet our estimated
delivery date, but, to the extent permitted by law, we shall not be liable to you for any
losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
5.4 On delivery of the Product, you may be required to sign for delivery. You agree to
inspect the Product for any obvious faults, defects or damage before you sign for delivery.
You need to keep receipt of the delivered Product in case of future discussions with us
about it.
5.5 We deliver to the whole of the world.
5.6 We deliver in our standard packaging. Any special packaging requested by you is subject
to additional charges.
5.7 All risk in the Product shall pass to you upon delivery, except that, where delivery is
delayed due to a breach of your obligations under a Contract, risk shall pass at the date
when delivery would have occurred but for your breach. From the time when risk passes to
you, we will not be liable for loss or destruction of the Product.
5.8 You must take care when opening the Product so as not to damage it, particularly when
using any sharp instruments.
5.9 You shall ensure that you are ready for safe receipt of the Product without undue delay
and at any time reasonably specified by us.
5.10 If you are not available to take delivery or collection, we may leave a card giving you
instructions on either re-delivery or collection from the carrier.
5.11 If delivery or collection is delayed through your unreasonable refusal to accept
delivery or if you do not (within two weeks of our first attempt to deliver the Product to
you) accept delivery or collect the Product from the carrier, then we may (without affecting
any other right or remedy available to us) do either or both of the following:
a) charge you for our reasonable storage fee and other costs reasonably incurred by us;
or
b) no longer make the Product available for delivery or collection and notify you that we
are immediately cancelling the applicable Contract, in which case we will refund to you or
your credit or debit card company as applicable any money already paid to us under the
applicable Contract, less our reasonable administration charges (including for attempting to
deliver and then returning the Product, and any storage fees as provided for in clause 5.11
(a) above).
5.12 It is your responsibility to ensure that the Products are sufficient and suitable for
your purposes and meet your individual requirements. We do not warrant that the Products
will meet your individual requirements. You acknowledge that the Products are standard and
not made bespoke to fit any particular requirements that you may have.
6. Cancellation
6.1 We may cancel a Contract if the Product is not available for any reason. We will notify
you if this is the case and return any payment that you have made.
6.2 We will usually refund any money received from you using the same method originally used
by you to pay for the Product.
7. Cancellation by you where the product is not faulty
7.1 Subject to the rest of this clause 7, irrespective of your other rights for faults with
the product, you may cancel a contract and return any delivered product to us for any reason
at all if you are not happy with it, provided that you must have notified us in writing
within 30 days of delivery of the product that you wish to cancel the applicable contract
and to return the product at our risk. The notice must be sent in writing or in any other
durable medium to:
E-Mail: info@odido24.net
Lechicka 15
02-156 Warsaw/ Mazowieckie
Poland
Your notice shall be deemed to have been given on the day on which it was sent.
Once you are in the possession of the goods you are under the duty to retain them and take
reasonable care of them. The product must be returned to us in its original
condition.
7.2 If you cancel under this clause 7:
Once you have notified us that you wish to cancel the contract, any sum debited to us will
be refunded to you as soon as possible and in any event within 30 days of your
cancellation.
8. Faulty Products
8.1 We warrant that the Product will be delivered undamaged in the quantities ordered
8.2 Before delivery, we may make minor adjustments to material, colour, weight,
measurements, design and other features to the extent that they are reasonable.
8.4 We try very hard to deliver Products in excellent condition. However, if you tell us
that the Product is faulty, you agree to keep the Product in its current condition available
for us to inspect within a reasonable time.
8.5 In order to provide you with any remedies for a faulty Product, we may need your
assistance and prompt provision of certain information regarding the Product,
including:
a) you specifying with reasonable detail the way in which it is alleged that the Product is
damaged or defective; and
b) you providing us with the delivery note number and such other information as we
reasonably require.
8.6 If you would like us to repair, replace or provide a refund for the Product where it did
conform to the applicable Contract, and we find that the Product has:
a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness,
damage or abnormal conditions; or
b) been involved in any accident or damage caused by an incorrect attempt at modification or
repair; or
c) been dealt with or used contrary to our or the manufacturers instructions for the
Product; or
d) deteriorated through normal wear and tear,after delivery by us, we may at our discretion
decide not to repair, replace or refund you for the Product and/or we may require you to pay
all reasonable carriage costs and servicing costs at our current standard fees and costs and
charge this to your payment details that you provided to us when you made your Order, and,
to the extent permitted by law, we shall not be liable to you for any losses, liabilities,
costs, damages, charges or expenses as a result.
9. Limitation of Liability
9.1 This clause 9 prevails over all other clauses and sets forth our entire Liability, and
your sole and exclusive remedies, for:
a) the performance, non-performance, purported performance or delay in performance of these
Terms and Conditions or a Contract or the Sites (or any part of it or them); or
b) otherwise in relation to these Terms and Conditions or the entering into or performance
of these Terms and Conditions.
9.2 Nothing in these Terms and Conditions shall exclude or limit:
a) our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty;
(iii) any breach of the obligations implied by s.12 Sale of Goods Act 1979 or s.2 Supply of
Goods and Services Act 1982; or (iv) any other Liability which cannot be excluded or
limited
by applicable law; or
b) your statutory rights as a consumer.
9.3 In performing any obligation under these Terms and Conditions, our only duty is to
exercise reasonable care and skill.
9.4 Subject to clause 9.2:
a) we do not warrant and we exclude all Liability in respect of the accuracy, completeness,
fitness for purpose or legality of any information accessed using the Site; and we exclude
all Liability of any kind for the transmission or the reception of or the failure to
transmit or to receive any material of whatever nature; and
b) you should not rely on any information accessed using the Site to make a purchasing
decision – you should make your own enquiries before forming your own opinion and taking any
action based on any such information.
9.5 Save as provided in clauses 9.2, we do not accept and hereby exclude any Liability for
Breach of Duty other than any such Liability arising pursuant to the provisions of these
Terms and Conditions.
9.6 Save as provided in clause 9.2, we shall have no Liability for:
a) loss of revenue;
b) loss of actual or anticipated profits;
c) loss of contracts;
d) loss of the use of money;
e) loss of anticipated savings;
f) loss of business;
g) loss of operation time;
h) loss of opportunity;
i) loss of goodwill;
j) loss of reputation;
k) loss of, damage to or corruption of data; or
l) any indirect or consequential loss;
and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For
the avoidance of doubt, clauses 9.6(a) to 9.6(l) apply whether such losses are direct,
indirect, consequential or otherwise.
10. Guarantee and complaints management
10.1 We shall perform our obligations under these Terms and Conditions with reasonable
skills and care.
10.2 We place great value on our customer satisfaction. You may contact us at any time using
the contact details given in clause 1.1 of these Terms and Conditions. We will attempt to
address your concerns as soon as reasonably possible and will contact you on receipt of any
relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be
involved, and as such it may take longer to resolve such an enquiry or complaint.
11. Data protection
Please see our Privacy Policy which forms part of these Terms and Conditions.
12. General
12.1 We shall keep a record of your Order and these Terms and Conditions until six years
after we have accepted your Order. However, for your future reference, we advise you to
print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the
Confirmation of Order.
12.2 No failure or delay by us or you in exercising any right under these Terms and
Conditions or a Contract shall operate as a waiver of such right or extend to or affect any
other or subsequent event or impair any rights or remedies in respect of it or in any way
modify or diminish our or your rights under these Terms and Conditions or a
Contract.
12.3 If any clause in these Terms and Conditions or a Contract shall become or shall be
declared by any court of competent jurisdiction to be invalid or unenforceable, such
invalidity or unenforceability shall in no way affect any other clause or part of any
clause, all of which shall remain in full force and effect, so long as these Terms and
Conditions or a Contract shall be capable of continuing in effect without the unenforceable
term.
12.4 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or
deal in any other manner with these Terms and Conditions or a Contract or all or any of your
rights or obligations under these Terms and Conditions or a Contract.
12.5 Nothing in these Terms and Conditions or a Contract shall create or be deemed to create
a partnership, an agency or a relationship of employer and employee between you and
us.
12.6 No person who is not a party to these Terms and Conditions or a Contract shall acquire
any rights under it or be entitled to benefit from any of its terms even if that person has
relied on any such term or has indicated to any party to these Terms and Conditions or that
Contract its assent to any such term.
13. Amendment to the General Business Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time. All amendments to
these Terms and Conditions will be posted on-line. However, continued use of the Sites will
be deemed to constitute acceptance of the new Terms and Conditions.
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