TERMS AND CONDITIONS OF THE ONLINE STORE

us.aimcontrollers.com

§1

Specification of the Seller

1. The owner of the Online store is: AimControllers LLC, based in 233 Research Dr, Unit 10, Milford, CT 06460, United States Tel. +929-351-0447, E-mail: [email protected], hereinafter referred to as: Aimcontrollers/Aimcontrollers.com or Seller.

§2

General provisions

  1. The aimcontrollers.com online Online store [hereinafter referred to as Online store] sells via the Internet pursuant to these Terms and Conditions [hereinafter referred to as Terms and Conditions]. Online Store sells on the territory of the Republic of Poland and abroad.
  2. The Client [hereinafter referred to as the Client] may be:

a) an adult natural person having full legal capacity, residing in Poland or in the European Union,

b) an adult natural person conducting business activity with the seat in Poland or in the European Union,

c) a legal person or an organisational unit without legal personality, to which the Act grants legal capacity, with its registered office in Poland or in the European Union, which is authorised to take decisions and to incur liabilities on behalf of the entity,

d) a minor acting with the consent of the parent or legal guardian.

  1. The Regulations are an integral part of the contract of sale concluded with the Client.
  2. Prices quoted in Online Store are gross prices (including VAT).
  3. Goods available in Online Store are new and free from physical and legal defects. Liability for defects is defined by the applicable laws, in particular Article 12(1)(13) of the Consumer Rights Act (Journal of Laws 2014, item 827, as amended), Articles 556 and 5561-5563 of the Civil Code (Journal of Laws 2019, item 1145, 1495.).
  4. Before filling in the Order Form or Registration Form together with the creation of an Account, the Client is asked to read and accept the Terms and Conditions.
  5. In Online store Promotions can be organized on selected products from the Online store’s offer. The rules of promotion are decided by the Seller, making them public on the website of the Online store.
  6. Publications, advertisements, price lists and other product information found on this website, particularly their description, technical and operational parametres  as well as their prices shall be treated as an invitation to conclude the sales agreement.
  7. The conditions of hereby regulations shall not aim to exclude or limit any rights of the Client, who is a customer granted by mandatory provisions of law. In case of any discrepancies the mandatory regulations take the precedence to the hereby regulations.The Client is obliged to use the Online store in a manner consistent with applicable law, rules of social conduct and good manners, taking into account respect for personal rights and intellectual property rights of third parties.

§3

Orders

  1. Orders can be placed as follows:

a) via interactive forms available on the Online store’s website (Client’s basket),

b) by e-mail to the address available on the Online store’s website,

c) by telephone to the number given in parish 1 of these Terms and Conditions.

  1. The condition of order processing is that the Client provides data allowing for verification of the Client and the recipient of the goods. The shop confirms the acceptance of the order by sending an e-mail to the address given during the order placement, describing the subject of the order. In case of incomplete, erroneous, contradictory information provided by the Client when placing an order, the Online store will contact the Client in order to remove the errors.
  2. The parties are bound by the information visible on the website of the Online store at the time of placing an order. It concerns in particular: the price, characteristics of the goods, its features, elements included in the set, dates and method of delivery.
  3. The information on the Online store’s website does not constitute an offer within the meaning of the Civil Code. When placing an order, the Client makes an offer to purchase a specific product.
  4. When placing an order, the Client makes an offer to conclude a contract of sale of the ordered products.
  5. After placing an order, a message is sent to the indicated e-mail address with information about the next stages of order processing: after verification of the order placed, the Online store sends to the e-mail address provided by the Client information about accepting the order for processing. Information on acceptance of the order for processing is the Seller’s statement on acceptance of the offer referred to in §3.5 above and upon receipt by the Client, a Sales Agreement is concluded.
  6. After the conclusion of the Sales Agreement, the Shop confirms to the Client its terms and conditions, sending them to the Client’s e-mail address or in writing to the postal address indicated by the Client when placing an order.
  7. If you choose the form of payment by bank transfer, the date of order completion will be counted from the moment when the funds for the Client’s order will be credited to the bank account of the Online store.
  8. The Online store is liable to the Client on the basis of the warranty law, regulated by the Civil Code of 23 April 1964. (Journal of Laws No. 16, item 93 as amended) for the period of 24 months. A detailed description of the complaint procedure can be found in §6 of these Terms and Conditions.
  9. Orders submitted for processing may be cancelled by the Client who is also a consumer within the meaning of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2019, item 1145, 1495.), until the dispatch of the Product.
  10. The Client shall be informed about the unavailability of Products and may therefore agree to extend the completion time of the Order or resign from the ordered Product or the entire Order.
  11. The Seller reserves the right to cancel the Order if, despite being requested to do so, the Client has failed to remedy the deficiencies required for the effective performance of the Order within 7 days.

§4

Payments

  1. The Client has a choice of payment methods:

a) cash on delivery (download),

b) payment by bank transfer to the indicated bank account (bank transfer),

c) electronic payment via PayPal (PayPal)

d) PayLane(Credit Cards, Sofort, Online Bank Transfer) – Payments are serviced by PayLane sp. z o.o. which is located in Gdansk at ul. Nowrida 4, zip code: 80-280, KRS: 0000227278.

  1. Shipping prices are specified in the order summary.
  2. The condition for the release of goods is payment for the goods and shipment.
  3. In the case of payment by bank transfer, the amount due should be paid within 7 calendar days from the date of order confirmation.

§5

Dispatch of goods

  1. The ordered goods are sent by the Online store via courier companies.
  2. Seller shall provide the buyer with products free from defects.
  3. Client shall collect the products ordered.

§6

Complaints / warranty/

  1. In case of non-conformity of the goods with the contract, the Client should send back to the Online store the complained about goods together with a description of the non-conformity. Address to which the Client should return the goods:

AimControllers

Zabiele 184

18-500 Kolno

Poland

  1. Online store responds to a Client complaint within 14 days of the return of goods with a description of the non-compliance.
  2. A specimen of the complaint form is attached as Appendix 2 to the Regulations.
  3. The Online store is liable to the Client on the basis of the warranty law, regulated by the Civil Code of 23 April 1964. (Journal of Laws No. 16, item 93 as amended) for the period of 24 months.
  4. The Client, at the time of the occurrence of the defect, may demand from the Online store (within the scope of the warranty):

a) …to repair the goods;

b) …to reduce the price;

c) withdrawal from the contract, if the defect is material.

  1. The Online store will respond to the Client’s requests within 14 days of receiving the request. The Online store will consider the Client’s requests taking into account the following circumstances:

a) ease and speed of replacement or repair of goods;

b) nature of the defect – significant or irrelevant;

c) whether the merchandise has been advertised before.

  1. The Online store may refuse to request the Client to replace or repair the goods provided that the replacement or repair of the goods is impossible to implement (e.g. due to discontinuation of production of certain spare parts or the entire goods), or in comparison with the second possible request, would require excessive costs (e.g. a request to replace the entire device with a new one, if the damage concerns one element of low value). In such a case, the shop will suggest an alternative solution.
  2. Each Client who is a consumer may use out-of-court methods of handling complaints and pursuing claims. If you want to take advantage of the possibility of amicable resolution of disputes concerning online purchases, you can file a complaint, e.g.: a complaint about the use of the Internet, a complaint about the use of the Internet, a complaint about the use of the Internet, a complaint about the use of the Internet, a complaint about the use of the Internet;

a) via the EU ODR web-based platform available at http://ec.europa.eu/consumers/odr/

b) through the Podlaskie Voivodeship Inspector of Trade Inspection in Białystok at Żelazna 9, 15-297 Białystok bialystok.wiih.gov.pl

  1. The course of out-of-court resolution of consumer disputes is determined by current legislation (in particular the Act of 23 September 2016 on out-of-court resolution of consumer disputes).
  2. Any complaints concerning the use of Services provided by the Online store should be sent to the addresses given in paragraph 1 of these Terms and Conditions.

§7

Right of withdrawal

  1. Pursuant to the Act on Consumer Rights of 30 May 2014, the Client who is a consumer has the right to withdraw from the contract without giving any reason.
  2. Withdrawal from the contract is effective if the Client makes a declaration of withdrawal from the contract within 14 days from the date of delivery of the goods. In order to meet the deadline, it is sufficient to submit a statement before its expiry. The form in which a statement is to be made may be of any form, e.g. the statement may be made on a form, the specimen of which is attached to the Act on Consumer Rights of 30 May 2014. (Annex 1 to the Regulation), by e-mail to the address given in paragraph 1 of these Terms and Conditions by post to the address given in paragraph 1 of these Terms and Conditions.
  3. The Client returns the goods to the Online store within 14 days of making a declaration of withdrawal from the contract at his own expense.
  4. The Online store returns the money within 14 days of receipt of the statement. The Online store may withhold the return of payments received from the Client until the goods are received back or until the Client has provided proof that the goods have been returned, whichever is the earlier.
  5. The Online store returns funds using the same payment method used by the Client. In the case of payment by credit card, the refund is made to the card account.
  6. In the event that the Client has chosen a method of delivery other than the cheapest one offered by the Online store, the Online store will not reimburse the Client for any additional costs incurred. The Online store will only refund the cost of the cheapest delivery of the item to the Client.
  7. The Client shall bear all direct costs of returning the goods (e.g. packaging, security, postage).
  8. The right of withdrawal shall not apply to the Client in the case of contracts:

a) in which the goods are supplied in sealed packaging which, after opening the packaging, cannot be returned for health or hygiene reasons if the packaging is opened after delivery;

b) in which the object of the service is an unprefabricated item, manufactured according to the Client’s specification or used to satisfy the Client’s individual needs (e.g. a personalised controller customised to the Client’s specification);

c) delivery of digital content that is not recorded on a material medium, if the performance began with the express consent of the Client before the expiry of the deadline for withdrawal from the contract and after the Shop informed him of the loss of the right to withdraw from the contract;

d) in which the object of the performance is a thing that is subject to rapid deterioration or short term obsolescence;

e) which provides for audio or visual recordings or computer programs supplied in sealed packaging, if the packaging is opened after delivery;

f) provision of services, if the Online store has fully performed the service with the express consent of the Client, who was informed before the provision began, that after the provision of services by the Online store will lose the right to withdraw from the contract;

g) where the price or remuneration depends on fluctuations in the financial market, over which the Online store has no control and which may occur before the expiry of the period to withdraw from the contract;

h) in which the goods which, after delivery, by their nature, are inseparably connected with other goods, are the subject of the supply;

i) which provides for alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the trader has no control;

j) in which the Client expressly requested that the Online store send a representative to it for urgent repair or maintenance (if the Online store provides additional services other than those requested by the Client, or provides items other than spare parts necessary to perform repair or maintenance, the Client has the right to withdraw from the contract for additional services or items);

k) the supply of newspapers, periodicals or periodicals, with the exception of a subscription contract;

l) concluded by way of a public auction;

m) provision of accommodation, other than for residential purposes, transport of goods, car rental, catering, leisure, entertainment, sporting or cultural events, where the contract stipulates a date or period for the provision of the service.

  1. The right to withdraw from the contract without giving any reason does not apply to the Client who is not a consumer.
  2. The Client shall be liable for any reduction in the value of the goods resulting from their use beyond what is necessary to establish the nature, characteristics and functioning of the goods.

§8

Client Account

1. The Client may create an Account within the Online store’s web pages allowing for personalized shopping, viewing order history, viewing order statuses, changing shipping data, access to promotions, simplification of the order process.

2. The Online store does not charge any fees for maintaining the Client’s Account.

3. The Client may create an Account by filling in the appropriate interactive forms contained on the Online store’s website.

4. After filling in the appropriate interactive forms on the Online store’s website, a message is sent to the e-mail address indicated during registration with information on the subsequent stages of the Account creation service:

a) After verifying the data, the Online store sends information about the creation of the Client’s Account to the e-mail address provided by the Client. Information on the creation of an Account is a statement of the Seller on the commencement of the Account maintenance service.

5. Each Client may cancel the Account at any time, thereby terminating the agreement on the provision of the Account maintenance service. You can delete your Account:

a) by sending an email to the address given in paragraph 1 of these Terms and Conditions. Email messages should include data allowing for the identification of the Account holder, and information about the willingness to terminate the contract,

b) by post at the address given in paragraph 1 of these Terms and Conditions.

6. The Client shall keep the password to the Account secret.

7. The shop may refuse to register when the data provided during the registration raise reasonable doubts as to the truthfulness and reliability.

8. The agreement concerning the provision of Account maintenance services shall be of an indefinite nature and shall be subject to the following sentence. The Client can terminate the contract at any time by contacting us:

a) by sending an email to the address given in paragraph 1 of these Terms and Conditions. Email messages should include data allowing for the identification of the Account holder, and information about the willingness to terminate the contract,

b) by writing to the address given in paragraph 1 of these Terms and Condition

9. The agreement concerning the provision of account management services shall be terminated with immediate effect upon confirmation of data by the Online store.

10. In justified cases (e.g. gross violation of the Terms and Conditions by the Client), the Online store may terminate the agreement by giving seven days’ notice.

§9

Newsletter

1. The Client may give additional voluntary consent to send advertising, commercial, marketing and additional information related to the business activity of the Online store to the indicated e-mail address.

2. Providing an e-mail address to order newsletter service means consent to send to the indicated e-mail address advertising, commercial, marketing and additional information related to the business activities of the Online store.

3. After providing the e-mail address, the Client receives a confirmation sent by the Online store of the commencement of the provision of services by electronic means.

4. Receipt by the Client of a message confirming the commencement of electronic services shall mean the moment of concluding the agreement.

5. The provision of services is free of charge.

6. Access to services provided by electronic means does not require the Client to provide any additional data other than the e-mail address.

7. The agreement concerning the provision of the newsletter service is of an indefinite nature, subject to the following sentence. The Client may terminate the agreement at any time by resigning from the services provided electronically through:

a) by sending an email to the address given in paragraph 1 of these Regulations, the email should include data allowing for the identification of the Client, and information about the willingness to terminate the contract,

b) by writing to the address given in paragraph 1 of these Terms and Condition

8. The contract for the provision of the newsletter service is terminated with immediate effect upon confirmation of data by the Online store.

§10

Data protection

1. The Shop processes personal data of the Clients in accordance with the binding legal regulations within the scope specified in the Privacy Policy (attachment 3).

2. Using the service requires the processing of personal data of the Client in the following areas: name, surname, telephone number, e-mail, address of residence, etc. The data will be processed by Aimcontrollers.com to the extent necessary for the conclusion and implementation of the agreement. Transaction data, including personal data, may be transferred to PayLane Sp. z o.o. with its registered office in Gdańsk at 4 Norwida Street, postal code: 80-280, KRS: 0000227278. to the extent necessary to process payment for the order. The Client has the right to access the content of his or her data and correct them. The provision of data is voluntary and at the same time necessary for the use of the service.

§11

Technical measures

1. In order to use the Online store, including browsing the assortment and placing orders for products, it is necessary:

(a) an end device (e.g. computer, tablet, smartphone) with access to the Internet and a web browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari;

(b) an active e-mail account (e-mail);

(c) JavaScript enabled;

d) acceptance of the use of cookies (required to place an order).

§12

Special provisions

  1. Within the scope of services provided electronically by the Online store, these Regulations constitute the regulations for the provision of services electronically within the meaning of Article 8 (1) of the Act of 18 July 2002 on the provision of services electronically.
  2. Types and scope of services provided electronically by the Online store are as follows:

a) concluding on-line sales contracts – in the scope of goods sold by the Online store,

b) sending e-mails in which the Shop confirms the receipt of an order, the course of the order processing,

  1. The procedure for concluding contracts for the provision of services by electronic means:

a) within the scope of the on-line sales contract and the contract for the provision of e-mail service, in which the Shop confirms the receipt of an order, the course of order processing, – are specified in paragraph 3 of the Regulations.

  1. The conditions for the termination of on-line sales contracts are defined by the mandatory provisions of law.

§ 13

Copyright

  1. All the pictures of products and other materials (including texts, graphics, logotypes) published at Online store are owned by the seller or have been used with consent of third parties who are holders of copyrights. 
  2. Prohibited is the copying of the pictures, other graphic materials and reprinting of texts published at Online store including making them available online without the seller’s written consent or the third party who is holder of copyrights. 
  3. Prohibited is also downloading pictures from the Online store website for marketing and commercial purposes.
  4. Use of the above mentioned materials without the seller’s written consent or other third parties who are holders of copyrights is unlawful and may give rise to civil or criminal proceedings against those who violate the law.

§14

Entry into force and amendment of the Terms and Condition

  1. The Regulations come into force on the day of publication on the Online store’s website.
  2. Seller reserves the right to change the regulations. The changes enter into force at a time specified by seller, however not earlier than 7 days from their announcement. Orders placed before the aforementioned changes will be fulfilled in accordance with the arrangements valid in the moment of order placement. Information about changes in the Regulations will be sent to the Client to the e-mail address indicated in the account settings.
  3. Online store recognizes that Client who has an account on the website of Online store has accepted the changes in Terms and Conditions, if not terminated the contract by the end of the period indicated in paragraph 2 of this paragraph.
  4. Seller reserves the right to impose limitations in online store services due to technical service, repair works or improvement works. At the same time,  Seller undertakes all the reasonable endeavors to make sure that all the above mentioned works are done at night and last as short as possible..
  5. Any matters not regulated by the provisions of these Regulations shall be governed by the laws of Poland.

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