Taurus-Amp bass and guitar amplification
The Regulations of the Taurus-Amp online store in force from November 2018.
The Regulations define the general conditions, terms and sales model of RGB Marketing Spółka z ograniczoną odpowiedzialnością with its registered office in Wrocław via the online store at www.taurus-amp.co.uk, including the conditions of placing orders for the goods available in the Store, the rules for delivering the ordered goods to the Customer, the method and term of payment, the rights related to withdrawal from the agreement, and the rules for lodging complaints.
Moreover, the Regulations define the terms and conditions for the provision, by Probotics Spółka z ograniczoną odpowiedzialnością with its registered office in Wrocław, of free electronic services – i.e. managing the Account.
The owner of the shop Taurus-Amp is RGB Marketing Sp. z o.o.
- Working days – all days of the week from Monday to Friday, excluding Saturdays and public holidays.
- Order execution time – the time during which the Store will forward the order to the carrier executing the form of delivery chosen by the Customer.
- Customer – a natural person, legal person or another organisational unit, granted legal capacity by the law, owning a Customer Account or concluding an agreement with the Seller via the Store.
- Consumer – a Customer who is a natural person that concludes an agreement with the Seller via the Store for purposes not directly related to their business or professional activity.
- Customer Account – an individual Customer administration panel within the Store, created upon registration, used to carry out orders, check order history, data on payments and overpayments for orders.
- Regulations – these regulations.
- Electronic transfer – a payment made by the Customer from a bank account, via online payment systems, e.g. FirstData, PayPal.
- Bank transfer – a payment made by the Customer through an online bank account, at the bank office, or at a Poczta Polska office.
- Store – the online store operating at www.taurus-amp.co.uk, selling goods via the Internet.
- Seller – RGB Marketing Sp. z o.o. with its registered headquarters in Wrocław, ul. Jana Długosza nr 2-6, 51 – 162 Wrocław, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court of Wrocław-Fabryczna in Wrocław, the 6th Commercial Division of the National Court Register, under the KRS number: 0000638502, NIP (Tax Identification Number): 8952094716, REGON (National Business Registry Number): 365460150.
Contact details: phone: +44 121 726 1301, email address: firstname.lastname@example.org.
Clause 1 General rules for using the Store
The store is made accessible by the Seller via the Internet. Necessary to use the Store are:
- a computer with Internet access and an installed web browser;
- enabled cookies;
- owning an active email address.
The Customer is obliged to use the Store in accordance with its intended purpose, and refrain from any activities that could disturb the proper functioning of the Store, and considered such activities are in particular:
- interfering with using the Store by other people, including preventing its use by other customers,
- interfering with the contents of the Store.
- The Seller takes actions on an ongoing basis to ensure the proper functioning of the Store. In the event of finding errors in the functioning of the Store, or technical problems with using of the Store, the Customer may inform the Seller by phone on +44 121 726 1301 or by email: email@example.com. The Seller shall immediately take actions aimed at restoring the proper functioning of the Online Store.
- The Seller reserves the right to temporarily disable access to the Store for the purpose of maintaining or updating the database of goods or other information directed to Customers.
Clause 2 User account. Registration
- Registering a Customer Account is free of charge.
- In order to register a Customer Account, the Customer is obliged to enter on the Store's website (https://taurus-amp.co.uk/account/register) their name and surname, an active email address that they want to use in the Store, and a password.
- After carrying out the activities referred to in Clause 2 item 2 of the Regulations, the Customer should click on the "Create my account" button.
- At the moment of clicking on the button referred to in Clause 2 item 3 ("Create my account") of the Regulations, an agreement is concluded for the provision by electronic means of the service of maintaining the Customer Account, while the Customer shall be able to access the Customer Account and make changes to the data provided during the registration.
- The Customer is obliged to minimise the risks related to obtaining and modifying the Customer's data by unauthorised persons, in particular by using an anti-virus program and keeping the password to the Customer Account secret.
- Within the limits resulting from the generally applicable legal regulations, the Customer is responsible for all activities related to using the email address and password for the Customer Account.
- The Customer may terminate the agreement for the provision of the electronic service of maintaining the Customer Account at any time, without stating the reasons, by sending an appropriate declaration via email to the following address: firstname.lastname@example.org or in writing to the delivery address: RGB Marketing Sp. z o.o. with its registered office in Wrocław, ul. Jana Długosza nr 2-6, 51 – 162 Wrocław. In such a case, the agreement expires after 7 days from the date of submitting the declaration of will on its termination, unless the Customer sets a shorter notice period with the Seller.
The Seller may at any time terminate the agreement for the provision of the electronic service of managing the Customer Account with the Customer with an appropriate 30-day notice period for important reasons, which should be understood as:
- a severe breach of the provisions of the Regulations by the Customer,
- a permanent cessation of the provision of services by electronic means by the Seller, motivated by objective reasons.
- The Seller may use the right referred to in Clause 2 item 9(a) if they earlier ask the Customer to stop these violations.
- The Customer has the right to transfer their reservations regarding the Seller's termination by sending a relevant declaration via email to the following address: email@example.com or in writing to the delivery address: RGB Marketing Sp. z o.o. with its registered office in Wrocław, ul. Jana Długosza nr 2-6, 51 – 162 Wrocław. Complaints regarding the service of managing the Customer Account can be submitted via email to: firstname.lastname@example.org.
Clause 3 Accepting and executing orders
- The store sells devices intended for the users, i.e. electric guitars, bass guitars and sound equipment.
The Store publishes information about the goods on the www.taurus-amp.co.uk website. The Customer can choose between two ways of placing orders:
- using their Customer Account,
- without the need to register an Account by the Customer.
- Regardless of the choice of the way of placing an order, to make purchases in the Store it is necessary to own an active email account.
- The Customer may place orders at the Store via the Internet 24/7, on all days of the week.
To place an Order in the Store via the Internet one has to:
- enter the Shop's website;
- choose the goods being the subject of the order, and then click on the "Add to cart" button;
- go to the cart (https://taurus-amp.co.uk/cart) and choose the number of goods being ordered;
- click on the "Proceed to payment" and go to the order form. Enter in the order form their data and the address to which the goods are to be delivered. The Customer may additionally agree to create a Customer Account and give consent to the processing of personal data for marketing purposes;
- choose the method of delivering the goods;
- choose the method of payment;
- check the data correctness and see the total cost of the order;
- read the Regulations and then mark the square indicating that the Regulations are accepted;
- click the button "I place an order under payment obligation"
- make a payment in the case of choosing a PayPal/transfer/quick payment.
- By sending an order to the Store, the Customer makes an offer to conclude an agreement with the Store for the sale of the goods being ordered. The offer is binding for 14 calendar days from the date of its submission by the Customer.
- The order confirmation sent by the Seller to the email address provided by the Customer is a declaration of acceptance of the offer, which means concluding a sales agreement. If the Seller fails to send an order confirmation within the time limit referred to in Clause 3 item 7 of the Regulations, the offer expires.
- The sales agreement may be concluded in Polish, English or German.
- The Seller executes orders to all parts of the world.
If executing the order turns out to be impossible in whole or in part, the Seller shall promptly inform the Customer and propose the Customer to:
- cancel the entire order (in this case, the Customer releases the Seller from the order execution obligation; if the Customer has already paid for the order, the Seller will immediately refund the paid amount using the same method of payment as the one used by the Customer, unless the Customer explicitly agrees to a different method of refund, which does not involve any additional costs, or does involve additional costs, and the Customer explicitly agrees to pay them;
- cancel part of the order that cannot be delivered (in this case, the Customer releases the Seller from the order execution obligation regarding the part that cannot be delivered; if the Customer has already paid for the order, the Seller will immediately refund the paid amount using the same method of payment as the one used by the Customer (unless the Customer explicitly agrees to a different method of refund, which does not involve any additional costs, or does involve additional costs, and the Customer explicitly agrees to pay them) minus the cost of the goods that can be delivered and their cost of delivery).
- A limited number of goods is intended for promotional and clearance sales. Order processing is carried out in the order in which confirmed orders are received, until the stocks covered by this form of sale in the Store's warehouse run out.
Clause 4 Prices of goods
All the prices of goods put on the Store's website:
- are given as gross prices, that is including VAT,
- are given in United Kingdom Pounds (GBP),
- do not contain the information on delivery costs,
- do not contain the information on possible customs duties.
- The price in United Kingdom Pounds given with each product is binding at the time of placing the order by the Customer.
- The store reserves the right to change the prices of goods, to carry out and cancel promotional campaigns and clearance sales or to change them, with the reservation that in the event of price increase, the consumer has the right to withdraw from the agreement within 14 calendar days from the date of being informed about the price increase. The declaration of withdrawal requires a written form under the pain of ineffectiveness towards the Store. The above-mentioned right does not affect the prices of goods in orders placed before the effective date of the price change, the conditions of promotional campaigns or clearance sales.
- Promotions in the Store cannot be combined unless the terms and conditions of the promotion provide otherwise.
- Cost of delivery is borne by the Customer. Delivery of goods is carried out the form chosen and determined by the Customer. Information on delivery costs is available on the Store's website.
Clause 5 Order execution time
- The goods will be sent to the Customer no later than within one working day counting from the day of commencement of the contract in accordance with Clause 6 item 2 of the Regulations (order execution time). Due to the type of goods, the Store reserves the right to change the date referred to in Clause 5 item 1 of the Regulations, about which the Customer shall be informed through the product card.
The order can be delivered, according to the Customer's choice:
- by a courier company,
- collected personally by the Customer.
- The Customer, upon receiving the order delivery, is entitled to check the condition of the goods. In the case of damage to the whole or part of the package, a report must be made in the presence of the courier and immediately, i.e. not later the next business day, the Store must be informed about this fact by sending an email to the address: email@example.com. The Customer is required to send the damage report to the Store, along with the complaint, within one working day of its preparation, which will undoubtedly facilitate its consideration. The Customer may also refuse to accept a damaged package.
- The day of executing the order or part of the order is the date of sending the goods to the Customer.
Clause 6 Payment methods. Start of order execution
The customer can choose the following payment methods for the ordered goods with delivery in Poland:
- payment upon receipt,
- bank transfer, electronic transfer
Order execution starts:
- when paying with a payment card – no later than within one working day after the Store receives a confirmation of making a payment form the payment operator,
- in the case of bank and electronic transfer – no later than within one business day after the payment to the Store's bank account is confirmed,
- when paying on delivery – no later than within one business day after the seller sends the confirmation of order acceptance to the Customer, in accordance with Clause 3 item 8 of the Regulations.
- It is not possible for the Customer to pay for a part of the Order in advance, and for the rest – upon delivery. The chosen payment method applies to the entire order.
- The Customer can also get acquainted with detailed information on the possible payment methods while placing the order.
Clause 7 Complaints
- The Seller is obliged to provide the Customer with goods that are free from defects, subject to section 6 of this paragraph.
- Selected goods are covered by the warranty.
- If the received goods are inconsistent with the agreement, the Customer may exercise, at their option, the rights granted to them by the Seller under the warranty, or the guaranty rights – directly with the guarantor.
- Pursuant to art. 558 of the Civil Code, the Seller excludes its liability under the warranty, however, it does not apply to the Customers with the Consumer status.
The Seller is liable to the Customer if the product sold has a physical or legal defect, whereby:
a physical defect should be understood as a non-conformity of the goods with the sales agreement, in particular, if the goods:
- do not have the properties which the goods of this type should have due to a purpose set out in the sales agreement or arising from the circumstances or its intended use,
- does not have the properties of which the Seller has assured the Customer,
- has been handed over to the Customer in incomplete condition;
- a physical defect should be understood as a non-conformity of the goods with the sales agreement, in particular, if the goods:
a legal defect should be understood as a non-conformity of the goods with the sales agreement, in particular, if the goods:
- belong to a third party,
- are encumbered with third party's rights,
- a limitation in using or disposing of the goods arises from the decision or ruling of the competent authority.
- a legal defect should be understood as a non-conformity of the goods with the sales agreement, in particular, if the goods:
- Deterioration or damage to the goods, about which the customer was informed before making the purchase and has agreed to receive the goods in such a condition, is not a physical defect.
- In the case of non-compliance of the goods with the agreement, the Customer has the right to file a complaint in the Store. The complaint can be filed: in person, by phone, by registered mail or an email to the following address: firstname.lastname@example.org. This right is valid for the period of 2 (two) years from the date of delivery of the goods.
In such a case, the Customer may return the goods by standard mail to the address used by the Store for deliveries: RGB Marketing Sp. z o.o. with its registered office in Wrocław, ul. Jana Długosza nr 2-6, 51 – 162 Wrocław.
- In order for the complaint to be considered, the Customer should send or deliver the goods along with the proof confirming purchasing it from the Seller (it can be, e.g. a receipt, an invoice, a proof of payment for a specific Order).
- The complaint should contain at least the name, surname, and email address used by the Customer when placing the order, specification of the product being the subject of the complaint, and a description of the reservations raised, together with the Customer's request related to the complaint. A written complaint should also contain the Customer's correspondence address. In the absence of the above-mentioned data, the Seller may ask the Customer to supplement the above-mentioned data.
When filing the complaint, the Customer may request:
- repairing the goods;
- replacing the goods with defect-free ones;
- reducing the price;
- withdrawing from the agreement – if the defect is severe.
- The customer should submit the complaint within one year from the date of finding the defect. The deadline for filing a complaint cannot, however, end before the expiration of the Seller's two-year liability period for the goods.
- Within 14 business days, the Seller will respond to the complaint filed by the Customer and inform them about the way of proceeding further.
- The Seller is not liable for the goods' physical defects arising from improper installation or/ launching if these operations were not performed by the Seller, or by the Buyer who has followed the instructions received from the Seller.
- If the complaint is accepted, the Seller will refund to the Customer the costs related to sending the returned product back and will cover the cost of re-sending the goods to the Customer. Refunds are carried out in accordance with the rules described in Clause 9 of the Regulations.
Clause 8 The right to withdraw from the agreement
- Pursuant to the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827) The Consumer may withdraw from the agreement, without stating a reason, within 14 days from the date of delivery. To comply with this deadline, it is enough to send a statement before its expiration (for example, a letter sent by post or email). A model document of the statement of withdrawal from the sales agreement was put by the Seller at the end of the Regulations and can be used by the Consumer.
- In the case of validly withdrawing from the agreement, the agreement shall be deemed as never concluded. The consumer is obliged to return the purchased product immediately, no later than within 14 days. to the address used for deliveries:
RGB Marketing Sp. z o.o. with its registered office in Wrocław, ul. Jana Długosza nr 2-6, 51 – 162 Wrocław.
The right to withdraw from a distance agreement is not eligible for the Consumer in relation to agreements:
- for the performance of services, if the undertaker has fully performed the service with the express consent of the Consumer, who has been informed before starting the performance of the service that they will lose the right to withdraw from the agreement upon the undertaker's fulfilment of the service;
- in which the object of the performance includes a non-prefabricated item, produced according to the consumer's specifications or aimed at satisfying their individual needs;
- in which the object of the performance includes items that are, upon delivery, due to their nature, inseparably fixed to other items;
- in which the object of the performance includes audio or video recordings, or computer software delivered in sealed packaging, if the packaging has been unsealed upon delivery;
- resulting from a public auction;
- for the supply of digital content which is not recorded on a tangible medium, if the performance begins with the Consumer’s prior express consent before the end of the agreement withdrawal period and after the Consumer has been informed by the undertaker about the forfeiture of their right of withdrawal;
- The cost of sending the goods back are borne by the Customer.
- The Consumer shall be obliged to take care of the goods until returning them.
- The Consumer shall be held liable for any decrease in the value of an item covered by the agreement, where such a decrease results from using the item in a manner other than what is necessary to establish the nature, characteristics and functioning of the item.
- The Seller shall be obliged to return to the Consumer all received payments, including the price of the goods and the cost of delivery (with the exception of additional costs resulting from the delivery method chosen by the consumer, other than the cheapest usual delivery method offered by the Seller). Refunds are carried out in accordance with the rules described in Clause 9 of the Regulations.
- The Seller shall return the payments referred to in Clause 8 item 7 of the Regulations not later than within 14 days from the date of receipt of the notice of withdrawal from the agreement sent by the Consumer. If the seller does not propose to personally take the item back from the Consumer, the Seller may, however, refrain from returning the payment until receiving the returned goods or proof of delivery provided by the Consumer – depending on which event occurs first.
Clause 9 Refunds
- The Seller shall return the payment using the same payment method that was used by the Consumer unless the Consumer has given their express consent to using another payment method that entails no additional costs.
- If the Customer has made a payment by bank transfer, by electronic transfer, the payment is returned to the bank account from which the payment was made.
- If the Customer has made a payment in cash on delivery, the Seller shall return the payment to the Customer's bank account or by a postal order, after determining the form of return chosen by the Customer and requesting the Customer to provide the data required for the bank transfer.
- The Seller is not liable for not returning the payment or its delay if, despite sending the Customer to the email address provided by them, a request referred to in Clause 9 item 3 of the Regulations, the Customer will not provide the Seller with the required data or if the response to the request will be incomplete and will prevent an effective return. The Seller is also free from liability if the return was not carried out or was carried out late due to the Customer providing incorrect data required for a bank transfer or postal order. In such a case, the payment return will be carried out immediately after obtaining the above-mentioned data from the Consumer.
Clause 10 Waste electrical and electronic equipment
- Pursuant to the Act of 29 July 2005 on waste electrical and electronic equipment (Journal of Laws no. 180, item 1495), the Customer, when buying an electrical or electronic equipment, has the right to return old (used) equipment of the same type and in the same number to the store where they have bought a new product. The store customers wishing to take advantage of this opportunity are asked to send the used equipment to the following address: RGB Elektronika Sp. z o.o. with its registered office in Wrocław, ul. Jana Długosza no. 2-6, 51 – 162 Wrocław.
- The cost of delivery of the used equipment is borne by the Customer.
Clause 11 Liability
- The Seller shall be liable for non-performance or improper performance of the agreement, but in the case of agreements concluded with non-consumer Customers, the Seller shall be liable only in the event of intentional damage, and within the limits of the actual losses suffered by the non-consumer Customer.
- The Seller shall not be liable for inability or impediments in using the Store, resulting from reasons attributable to the Customer, in particular, if the Customer loses their password or if it comes into possession of third parties (regardless of way). However, the Seller shall be liable if the Customer loses their password or if it comes into possession of third parties due to the Seller's fault or for reasons attributable to the Seller.
Clause 12 Privacy and personal data
Clause 13 Final provisions
- The sales agreement is concluded between the Customer and Probotics Sp. z o.o.
In the case of disputes to which the Consumer is a party, the Consumer has the option of using extrajudicial means of dealing with complaints and pursuing claims. In particular, the Consumer may:
- issue a mediation request to the Mediation Centre of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw, pursuant to the regulations of this Centre. The above does not constitute a mediation agreement or consent of the Seller to the mediation requested by the Consumer. The Regulations of the Mediation Centre of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw are available at: www.sakig.pl/pl/mediacje/regulamin.
- get a free help regarding the settlement of a dispute between the Customer and the Seller, also taking advantage of a free help offered by a poviat (municipal) consumer ombudsman or a social organisation, whose statutory tasks include consumer protection.
- In the case of disputes involving a non-consumer Customer, the competent court to settle them is the court competent for the Supplier's registered office.
- These Regulations shall be effective from: 1 November 2018.
- The Store reserves the right to make amendments to the Regulations, which, however, have no effect on the Customers who have concluded an agreement with the Store prior to entry into force of the Regulations. Any amendments to the Regulations enter into force on the date indicated by the Store, not shorter than 7 days from the date they are made available at www.taurus-amp.co.uk. The orders placed before the effective date of amendments to these Regulations are executed on the basis of the entries in force on the date of placing the order.
MODEL DOCUMENT OF THE DECLARATION OF WITHDRAWAL FROM THE SALES AGREEMENT
RGB Marketing Sp. z o.o. with its registered office in Wrocław, ul. Jana Długosza no. 2-6, 51 – 162 Wrocław, NIP: 8952094716, email address: email@example.com
Name and surname:.............................................
I/we hereby inform about my/our withdrawal from the sales agreement concerning the following goods: ............................................................................................... (enter the name of the Product here). The Sales Agreement was concluded on ........................... (enter the date of concluding the agreement here). The product was received on ................................... (enter the date of the Product receipt here).
................................ Consumer(s) signature(s) (only if the declaration is sent as a paper copy)