General Terms and Conditions

 

The contracting party, also referred to as the Seller, is GDC Sp. z o.o. (limited liability company) with its registered office in Szczecin (70-772), Poland, ul. Bagienna 36C, a commercial company registered by the District Court Szczecin-Centrum in Szczecin 13th Business Division with No.: KRS 0000317676 and EU tax identification No.: PL8513073244 which operates the www.sottoluce.com website in the form of an online shop.

Our customer service will process your questions, complaints and objections from Monday to Friday from 9:00 to 17:00 by e-mail at: support@sottoluce.com.

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Dispute resolution

We endeavour to reach agreement with our customers and third parties at all times. Use our customer service contact at: support@sottoluce.com or our other contact options in order to get in touch with us. You can also just call us. Of course, your rights remain unrestricted even if you do not call us.

The European Commission maintains a platform for online dispute resolution which can be accessed at https://ec.europa.eu/consumers/odr/main.

 

1. Validity and scope of application

 

1.1. These General Terms and Conditions apply to all contracts concluded with us based on the offers published on our B2C e-commerce website: www.sottoluce.com. 

Orders placed by entrepreneurs via our B2B e-commerce page at: https://www.sottoluce.com/b2b or e-mail are subject to different general terms and conditions available in our brand’s catalogue under the link: https://drive.google.com/file/d/1HbiiS2bvgpa8rh7fKffRbxVlltUYOvPk/view?usp=sharing. 

No other terms and conditions shall apply. Deviations from these General Terms and Conditions, supplementary or ancillary agreements require our express consent and confirmation.

 

1.2. Within the meaning of these General Terms and Conditions, Customers are both consumers and entrepreneurs.

 

1.3. If business days are specified as deadlines, this includes all weekdays with the exception of Saturdays, Sundays and public holidays at our headquarters. Christmas Eve and New Year's Eve are treated as public holidays.

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2. Storage of contract text and customer account data

 

2.1. The text of the contract is stored by us, but for security reasons it cannot be accessed directly by you. We offer each customer password-protected direct access ('customer account'). Here you can manage your data and view order data after registering accordingly. The customer undertakes to treat the personal access data confidentially and not to make it accessible to unauthorised third parties.

 

2.2. These General Terms and Conditions and your order details will be made available to you in the ordering process. You can archive this information by either downloading the terms and conditions and saving your order data summary using the functions of your browser, or you can wait for the automatic order confirmation, which we will also send you by e-mail after your order has been completed. This order receipt confirmation e-mail will contain all your order details as well as a link to the text of these General Terms and Conditions that can be easily printed out or saved with your e-mail program.

 

3. Contracting parties, language and conclusion of contract

 

3.1 The contracting party, or the Seller, is GDC sp. z o.o. (limited liability company). Each contract concluded in our Internet shop at www.sottoluce.com is concluded on the basis of these General Terms and Conditions whose English version shall always prevail over other language versions.

 

3.2. Before sending your order, you have the option of checking and modifying the data you have entered. By submitting your order, you are making a binding contractual declaration. The order receipt confirmation takes place immediately after the technically perfect receipt of your order.

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A binding contract is concluded when we accept your order. Such order acceptance can be expressed in the following manners:

• we may accept your order by sending you an order confirmation e-mail including advance payment request,

• you may accept our offer and complete your order by making the payment via such online payment service as PayPal or using your credit/debit card.

 

An order receipt confirmation does not yet represent acceptance of your order (unless we ask for advance payment in it) but is only intended to inform you that we have received your order. The customer’s order remains valid and binding - subject to a statutory right of cancellation - for a maximum of 3 working days and can always be cancelled in whole or in part before we have expressed our acceptance.

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Please note that in the case of prepayment, delivery will only take place after the full amount has been credited to our account. A reservation of such an order will be valid for up to 2 weeks. If your payment is received later, there may be a delay in delivery.

 

4. Prices and shipping costs

 

4.1 The only binding prices are the prices listed in the offer at the time of the order placement. All prices include the statutory value added tax rate applicable in the EU country of the Customer and other price components. If your order is placed from another country, the applicable VAT rate may vary. The applicable VAT rate then is always shown on the cart page as well as upon completion of the order and on the invoice.

Detailed information on the shipping costs can always be found on the cart page of our shop after a given item has been added to the cart. We only deliver to the countries specified in the Shipping & Delivery section at: https://www.sottoluce.com/shipping-delivery.

 

4.2. Deliveries to Germany are free of charge if the order value exceeds EUR 100.

 

4.3. In the case of deliveries to other destinations, additional costs may arise when importing into a third country (duties, any customs fees and import sales taxes). These remaining costs are borne by the customer. The detailed costs of shipping are available on our website in its Shipping & Delivery section at: https://www.sottoluce.com/shipping-delivery.

 

5. Payment and delivery

 

5.1. We offer the following payment options: 

• advance payment by bank transfer where, if you select this option, after placing your order you will receive our bank account number in the order confirmation. The product will be shipped once the money has been received by us,

• credit or debit card payment processed by Stripe payment platform,

• flexible payment system by Klarna,

• PayPal - in order to pay the invoice amount via the PayPal online provider you must be registered there or register and identify yourself with your access data. You will receive information on how to get to the payment provider's website during the ordering process.

 

The payment service provider for the selected payment method may carry out a so-called strong customer authentication. To do this, you must enter additional data to prove your identity.

 

5.2. We reserve the right to request appropriate proof of the data provided by the buyer in order to fulfil legal identification and verification obligations and/or for reasons of fraud prevention, in particular such proof that is suitable to prove his identity or the one of the beneficial owner. In these cases, we are entitled to withhold services until the relevant evidence has been submitted. If the customer does not cooperate or if cannot produce any suitable documents, we are entitled to withdraw from a concluded purchase contract after the lapse of time for provision of such proof. The customer is obliged to provide truthful information.

 

5.3. We use DHL or UPS package delivery services. We deliver parcels up to 30 kg to your home address or to an address of your choice. You will receive a message from us when the goods have left our premises. If the delivery was not possible, you will receive a message from the carrier that will give you further options.

 

5.4. Unless otherwise agreed, delivery to the delivery address specified by the customer may take place after the payment has been received. You can find more information about delivery times on our website in its Shipping & Delivery section available at: https://www.sottoluce.com/shipping-delivery. The specified delivery times shall not be understood as an offer to conclude a fixed transaction with a guaranteed date. We thereby only comply with the obligation to state a delivery date by which we must deliver. The statutory claims of the customer in the event of delay remain unaffected.

 

5.5. We reserve the right to withdraw from the contract in cases in which we do not receive the necessary components from our suppliers on time, provided that we are not responsible for this non-supply.

In this case, we will inform you immediately about the non-availability of a given product and any advance payment already made - regardless of the payment method you have chosen - will be refunded immediately.

 

5.6. The delivery time is extended appropriately in the event of strikes, lockdowns and other circumstances or events affecting timely delivery for which we are not responsible, in particular, in cases of delays in delivery due to force majeure. We will inform the buyer immediately of the beginning and end of such events.

 

5.7. In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold passes to the consumer or a recipient designated by him when the goods are handed over by the carrier. This applies regardless of whether the shipment is insured or not.

 

6. Right of withdrawal for consumers

 

6.1. Below you will find instructions on the requirements and consequences of the statutory right of order cancellation. Please, take note that commercial resellers are not entitled to the statutory right of withdrawal.

 

Cancellation

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You have the right to cancel the contract within 365 days without giving any reason. The cancellation period is 365 days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must send us a clear statement (e.g. a letter or an e-mail) about your decision to revoke this contract. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

 

Consequences of the contract cancellation

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If you withdraw from this contract, we will refund all payments that we have received from you (with the exception of the additional costs resulting from the fact that you use a different type of delivery than the one offered by us) immediately or at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this refund, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you. Under no circumstances will you be charged fees for this repayment.

We may refuse the refund unless we have received the returned goods in perfect condition and in the original packaging. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

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Our address for returns is: 

DHL Paketshop 426 / GDC-BULB ATTACK, Alt Radekower Straße 4, Mescherin, 16307 Deutschland

 

6.2. There are legal exceptions to the right of withdrawal, whereby we reserve the right to refer to the applicable regulations. There is no right of withdrawal for contracts for the delivery of goods that are not prefabricated and have been customised according to the product specification provided by the consumer or that are clearly tailored to the personal needs of the consumer.

 

7. Retention of title

 

7.1 . The goods remain our property until full payment has been made.

 

7.2. The following also applies to commercial business transactions. The goods may only be sold by the buyer in the ordinary course of business. We reserve the right to revoke the above consent to the resale of the goods delivered under retention of title and, in the event of your default in payment, to withdraw from the contract and to demand the return of the goods.

 

8. Warranty and complaint management 

 

8.1. In the event of defects in the goods, the customer has a statutory right to liability for defects (warranty). We offer a 5-year manufacturer's warranty on all our products.

 

8.2. All installation or adjustments works on electrical equipment and especially on live parts should be carried out by a suitably qualified electrician. Please note that the incorrect selection of components or an incorrect or improper connection can result in damage to the electrical equipment, personal injury and fire hazards. According to the statutory regulations, we are not liable for damage caused by improper assembly, installation and/or improper use or maintenance of our products. Liability also does not apply in the event of unauthorised changes to the product or damage caused by its use or other natural and normal wear and tear. In the above cases, liability only lapses if we are not responsible for the damage.

 

8.3. We value your satisfaction. You can contact us at any time using one of the contact methods specified above. We try to check your request as quickly as possible and will contact you after receipt of the documents or your input or complaint. However, please give us some time, as warranty cases often require the involvement of our suppliers. In the event of complaints, you can help us if you describe the subject of the problem as precisely as possible and, if necessary, send us a copy of the order documents or at least the order number, customer number, etc. If you do not receive a response from us within 5 working days, please ask. In rare cases, e-mails may have "stuck" in our or your spam filters, or a message may not have reached you by any other means, or it may have been omitted accidentally.

 

8.4. For service inquiries, please contact our customer service at: support@sottoluce.com.

 

9. Data protection

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Our data protection practice is based on the legal provisions in force. Details on the collection and use of your personal data can be found in our data protection regulations.

 

10. Applicable law and place of jurisdiction

 

The Polish law applies to all legal transactions or other legal relationships with us. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other international agreements, even after they have been incorporated into Polish law, do not apply. This choice of law includes that the customer who has his habitual residence in one of the states of the EU or Switzerland is not deprived of the protection granted, which results from mandatory provisions of the law of this state.

 

11. Severability clause

 

If a provision of these General Terms and Conditions is not legally effective in whole or in part or loses its legal effectiveness, it will not affect the validity of the other provisions. The legal provisions in force shall take the place of the ineffective provisions. The same applies if the general terms and conditions contain an unforeseen gap.

 

12. Sustainability and environmental protection

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Old devices can contain reusable raw materials, some of them can be repaired or their parts can be reused, which helps us protect the environment considerably. Old devices must therefore not be disposed of with normal household waste. As the end user, you are legally obliged to return us used electrical devices or to dispose of them properly.

 

These General Terms and Conditions enter into force on the 14th of October, 2022.