1. Introduction
Access to and use of this Website and the products and services available through this Website (collectively, the 'Services') are subject to the following terms, conditions and notices (the 'Terms of Service'). By using the Services, you are agreeing to all the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.
2. Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as 'spam'; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
3. Intellectual Properties, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of akumulatory-makita.pl or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by akumulatory-makita.pl and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
4. Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited by delivery method and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund, if the goods are despatched then there may be a cancellation charge of carriage.
(c) Payment
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
(d) Delivery
We deliver to addresses within the Poland but can also supply internationally, please contact us for a quotation.
We do everything we can to meet the delivery time specified in this section, however occasionally delivery times may be affected by factors beyond our control and cannot be guaranteed. We offer a Next Working Day Delivery service based on orders placed before 2.00pm Mon - Fri. We do not deliver or dispatch at weekends or bank holidays however, any orders placed after 2pm on Friday and over the weekend will be dispatched on Monday (except Bank Holidays) for delivery Tuesday.
We will inform you if we become aware of an unexpected delay. Please note that if your order is made up of a combination of items, deliveries may, on occasion be made separately. If there are any issues with the items you have received we must be notified within 10 days of the delivery. Risk in the goods will pass to you on delivery. We reserve the right to alter or amend delivery times in exceptional circumstances.
5. Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law akumulatory-makita.pl and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect akumulatory-makita.pl liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law
6. Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with akumulatory-makita.pl and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to akumulatory-makita.pl.
7. Variation
akumulatory-makita.pl shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
8. Invalidities
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
9. Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
10. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
11. Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of Poland and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
12. Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and akumulatory-makita.pl. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Manager of akumulatory-makita.pl.
13. Service Restrictions
akumulatory-makita.pl. can restrict the services and benefits to customers of which he or she is entitled, or impose conditions under which they will be made available. Action may be taken in the following circumstances:
a) If reasonable usage levels are exceeded
b) If a customer behaves in a threatening or abusive manner towards akumulatory-makita.pl. staff or agents
c) If a customer has falsely represented that they are entitled to services that they are not entitled to.
14. Invoices/Guarantee
Invoices for orders placed with us are automatically sent to you via email when the payment has been confirmed.
This email is proof of your purchase and guarantee so MUST be kept in safe keeping in order to claim under our warranty procedure or obtain further assistance with your product.
15. Returns
(a) If You Change Your Mind
You have the right to cancel your order at any time from the moment you place your online order and up to 14 days from the day you receive the goods. Please provide notification of cancellation in writing via email to sklep@akumulatory-makita.pl or by post to our Head Office address. You then have a further 14 days from the date you notify us of your intention to physically return the goods to us.
For a full refund the battery must not have been used, must be in a re-saleable state and be accompanied by any accessories, plus the original box and packaging.
(b) If The Goods are Faulty
You have the right to reject goods that are of unsatisfactory quality, are unfit for purpose or not as described, and receive a full refund. This right is limited to 30 days from the date you received the goods. Should you return an item that arrived damaged, not as described or faulty, we will refund the total cost of the return postage. Please provide notification that you intend to return the item in writing via email to sklep@akumulatory-makita.pl or by post to our Head Office address.