GENERAL TERMS AND CONDITIONS
COMPANY INFORMATION
IN EU (INCLUDING POLAND)
• Online store operating at www.dreammachines.pl (For Poland) and www.dreammachines.eu (for rest of EU) is run by Dream Machines sp. o.o. with its registered office in Warsaw at ulica Wołoska 16, entered in the register kept by the District Court for M. ST. Warsaw, XII Commercial Department of National Court Register, under KRS number 0000568621, NIP 525-26-25-009, REGON 362121737, share capital fully paid 800 000 PLN, e-mail: support@dreammachines.pl nr. Phone +48 22 853 7901
IN NORTH AMERICA (INCLUDING USA)
• Online store operating at www.dreammachines.io is run by Dream Machines Inc. with its registered office in 6465 Brooks Rd., Brown City, MI 48416, MI, e-mail: support@dreammachines.pl.
HEREINAFTER BOTH ENTITIES INTERCHANGEABLY REFERRED TO AS DREAM MACHINES OR SELLER
GENERAL INFORMATION
a) The internet store Dream Machines sells goods in the field of computer hardware and consumer electronics through an online store at the electronic address above. The site allows orders for goods listed on its corresponding website.
1. DEFINITIONS
a) Regulations—these rules and regulations govern sales contracts through the online store, showrooms, and provides rules for the implementation of these agreements, rights and obligations of the Dream Machines store, the customer, and the principles of the complaint procedure.
b) Customer – an entity either natural person or legal entity that is trying to initiate a transaction with a seller in an electronic contract
c) Consumer—a natural person with full legal capacity to initiate a transaction or an organizational unit without legal personality, which the law recognizes the legal capacity to initiate a transaction with a Seller in an electronic contract. The consumer is also defined within the meaning of art. 22 (1) of the Polish Civil Code or other applicable local law.
d) Client—a customer is not a natural person, such as a legal entity or company. This type of customer much have a representative authorized to represent the client in light of the applicable law will be used as a contact. This customer also is recognized by the law and has a legal capacity to initiate a transaction.
e) The distance contract selling—sales contract of goods / services / supply of digital content (if applicable) concluded between the Seller and the customer via Dream Machines
f) Products—All products offered in the Dream Machines store are brand new, free from physical defects, and lawful goods. All the goods were introduced to trading on the respective market legally. In exceptional cases, where it is clearly marked in the name and description of the product, used or reconditioned goods may be sold.
g) Prices - All prices quoted on the website, Dream Machines, are given in different currency based on settings or cookies. These prices include VAT for EU, but not other taxes for example sales tax in USA. The price binding on the parties is the price at which the customer ordered goods in the order. The prices of goods do not include the cost of delivery, which depends on the manner of its implementation. Some payment options maybe have an additional fee as marked on the website and will be clearly specified before ordering.
h) The contents—all derived from the Seller or its partners' information, data, components, materials, algorithms, diagrams, songs, marks, logos, names, signs, symbols, descriptions and pictures of goods, irrespective of their nature, size and recording method or presentation.
I) Goods—movable items that a customer can purchase through the Dream Machines online store.
j) Account—user profile registered to Dream Machines website containing customer-related data, available after registration.
k) Privacy and Cookies—a document setting out detailed rules for the processing of personal data and the use of cookies. “Privacy Policy” is available on the Dream Machines website under Privacy Policy and is an additional document to to General terms and conditions that is an integral part of the Dream Machines store policies.
2. DOCUMENTATION
a) For all goods ordered online from Dream Machines sp. z o.o., fiscal receipts or invoices are issued to the customer. Pursuant to the provisions of the Polish Act of 11 March 2004, the tax on goods and services (Dz. U. 2011. No. 177, item. 1054) and the Regulation of the Polish Minister of Finance dated 3 December 2013. on invoices (Dz. Uz 2013. pos. 1485), the signature of the customer, as a buyer of goods, is not a compulsory part of the content of the invoice. In this situation, the purchaser receives only the original invoice. The customer accepts to receive the invoice in exclusively electronic format to the email address provided in the order. It should be noted that if the buyer is a natural person and places an order or makes a purchase using company data (eg. With the company name / tax id) relating to economic activities carried out by the buyer, it is presumed that the purchase is by him made in connection with such activities and the invoice will be issued to the buyer as an entrepreneur.
b) For all goods ordered online from Dream Machines Inc. the customer will receive an email confirming the order and this email is considered the electronic receipt. Any customers who are located in the state of Michigan will be charged additionally for the local sales taxes as required by the State of Michigan. This amount will automatically be added to the total order amount
3. ORDERS
a) The customer places an order through an interactive form available at the Dream Machines online store. The contract specifies among other things: goods, prices, and quantities, and the customer's desired shipping location.
b) After properly placing the order by the customer, the seller sends an e-mail confirming the order and customer's information. This information is not a confirmation of acceptance of the customer's offer. It is only the information that the seller has received the request to order.
c) Then the seller verifies whether the order can be accepted for implementation and, if necessary, sends a message (eg. Refusal of the order).
d) If the seller accepts the order, the seller sends him immediately declaration of acceptance of an order. Upon receipt of such declaration by the customer, a formal sales contract between the two parties is concluded.
e) Dream Machines store orders can be made exclusively through a computer system (website) online store (unless agreed otherwise by both parties).
f) Confirmation of the order occurs within maximum of 2 working days (9:00-17:30 Central European Time during the week from Monday to Friday, excluding public holidays) from the time the order is received by the seller. If such confirmation is not received, we recommend the customer to contact the seller
4. PRICES AND METHODS OF PAYMENT
a) Dream Machines prices are quoted in different currencies and include a currency marking.
b) Seller, upon receipt of an order, informs the customer of the total price of the goods and any additional charges, including transportation, additional services, the costs of payments, etc.
c) All methods of payment are listed on Dream Machines website.
d) If a given payment method involves additional cost to the customer, the seller shall inform the customer before the order is placed. The price adjust will be shown on the website when the payment method is chosen.
e) Dream Machines can establish with the customer other specific conditions and form of payment. In this case, the conditions and forms of payment indicated by the contract confirmed by Dream Machines as adopted to implement and comply with any additional requirements related to the agreed terms and form of payment.
5. PAYMENT
a) Payment for goods is agreed upon at the time of the order. In the case of purchases of customized goods or goods that are specifically imported on request, we reserve the right to require advance payment. In such a situation where the seller is unable to fulfill the contract: prepayment will be returned to the customer.
b) Any customized orders that require prepayment also lose the possibility to withdrawing from a sale. All customized orders are final as they are designed specifically based on the customer's requirements.
6. ACCOUNTING DOCUMENTS
a) All sales will have an invoice or receipt (or other form where required).
b) If the customer is a natural person is creating an order with company data (company name) then we will issue an VAT invoice for jurisdiction where this is required (if this is not required then it will follow procedures mentioned previously).
c) Based on current legislation we do not request or require a client to sign any invoices.
7. DELIVERY OF GOODS
a) Customer can choose delivery type based on the online store options displayed (In USA only USPS is available).
b) Seller informs the customer of the estimated delivery times on the order form.
c) In the same way, the seller informs the customer about the delivery costs, if applicable.
d) Seller will make all effort to inform the customer in a timely manner about the restrictions on the supply of goods.
8. CANCELING A SALE - GENERAL PROVISIONS
a) A customer who has a contract through the Dream Machines online store may, within 14 days can cancel from it without giving any reason. Any applicable statutory exceptions to the right of cancellation are given below. In the event of cancellation by the customer, the contract shall be deemed void.
b) Any order which has not been paid in full within 3 working days can be considered null and void.
c) The deadline to cancel from the contract is set as favored by the seller, thus meaning the deadline of 14 days, starts at transfer its ownership to the customer. This can be understood as the date on which the customer or the person indicated by the contract came into its possession (in the case of the sale of many things – it is defined as the date of possession of each item individually).
d) In order to exercise the right of cancellation, the customer shall submit to the seller a written or electronic statement specifying his desire to cancel the contract. In order to be valid, the customer must send the declaration before the cancellation deadline. The customer may for this purpose, request a cancellation template from the seller, but this is not mandatory. This statement may be sent to the addresses listed in company information electronic or otherwise.
e) Seller shall promptly confirm to the customer in electronic format (for example, e-mail) receipt of the declaration to cancel.
f) At the time of cancellation, all additional agreements or contracts will also expire and be canceled including any that are done for the benefit of the seller or a third party.
g) The right of cancellation is not entitled to a customer in certain cases as referred to in the law (in Poland, by Article. 38 of the Polish Law on consumer rights), including but not limited to:
• The seller loses the right of cancellation if services are provided by the seller at the express request of the consumer and who has been informed that completion of such services will void the right of withdrawal.
• If the goods are delivered in a sealed container, the package cannot be returned if opened and seal is broken due to health protection or hygiene reasons.
• Sound or visual recordings or computer software delivered in a sealed package cannot be returned if the package has been opened after delivery.
• Providing digital content, not stored on a tangible medium, and downloading has begun with the express consent of the customer beforehand that the deadline to withdraw from the contract is at the start of a download and afterward losses the right of withdrawal.
9. RESULTS OF CANCELING FROM A SALE
a) The seller, within 14 days from the date of receiving all goods listed in the cancellation from the contract of sale, will return the purchase price made by the customer. This payment includes the cost of delivery of goods (with the exception of the additional delivery costs resulting from delivery other than the least expensive normal delivery offered by Dream Machines). All returned goods must be delivered with all accessories and instructions that were attached. Seller highly suggests returning the goods in their original packaging. In the case of damage to the goods during transport, the customer is responsible for the decrease in its value. Refund payments will be made using the same payment methods that have been used by the customer in the initial transaction, unless the customer expressly requested and was confirmed by Dream Machines otherwise. In any case, the customer should not incur any additional fees as a result of the return.
b) The customer must return the goods to the seller immediately, and they must arrive to the seller no later than fourteen (14) days from the date on which he withdrew from the contract unless previously agreed otherwise with the seller. In order to meet the return deadline, a customer must guarantee an arrival before the deadline.
c) Seller may withhold the reimbursement payments to the customer until returned goods have been received by the seller and confirmed their satisfactory condition.
d) The customer is responsible for the return shipping costs(including the cost of returning the goods to the seller) and bears responsibility for any decrease in value resulting from the use of it in a way different from what is necessary to establish its specifications, characteristics, and the functioning of the goods.
e) Customers who are consumers in EU are not charged any fees for withdrawal from a contract unless it arises from responsibility of the consumer. At the same time customers who are consumers in North America by their shipping address or clients as known as legal entities which are located worldwide will be subject to a 15% restocking fee. This fee will be automatically charged by decreasing the amount returned to the customer.
10. LIABILITY FOR PRODUCT DEFECTS AND FOR ITS COMPLIANCE WITH THE AGREEMENT
a) Goods offered in the online store Dream Machines store are guaranteed by the manufacturer. In some cases, the warranty repairs are performed by authorized service centers upon confirmation of warranty as describer in the warranty terms. The period and terms of the warranty are are also in the warranty terms and conditions located on the website.
b) Before accepting a package from Dream Machines shipper, check whether the packaging has not been damaged in transit. Pay particular attention to the status of tape affixed to the parcel. If the package shipment is damaged or if the tape is broken, you should not accept the shipment. If possible, in the presence of the courier, open the packaging and inspect the contents and if needed, make a damage report on the spot.
11. VALUE-ADDED SERVICES
a) Any services added added to the equipment (eg. the installation, additional or extended warranty) may be provided to the customer by Dream Machines. The customer has the right to use these added services, if they are included it will be evident from the description of the Dream Machine goods on the Dream Machines website.
b) The use of the added service may require acceptance of terms of use or regulations of the service.
c) Ability to take advantage of the added service may require the customer to have knowledge to use this service. His choice to use or not in this regard does not affect in any way the performance of the contract in any way. Exceptions are the delivery times.
d) Customer may use the Dream Machines store, including the content, exclusively for their own needs in order to familiarize themselves with the goods. Customer may not use the content for purposes directly or indirectly commercial.
12. INTELLECTUAL PROPERTY - CONTENT AND OPINIONS
a) Customer declares that:
• Customer is not legally vested, including copyright or related to the content, except for permission to use in the manner specified in the regulations, and its rights to content. The customer is not entitled to any recording, reproduction, communication, publicity or distribution of content, unless such a right is stipulated by law or regulation.
• Customer Is not entitled to any interference in the content, in particular, is not entitled to interfere in the content, structure, form, graphics, mechanism of action, or other elements of the Dream Machines, can not make any changes, additions, modifications or other actions on the content except those specifically permitted under this regulation.
• Customer acknowledges that content, including for example, advice, tips and tricks do not replace the advice and instructions given by an expert or competent person, following a detailed analysis of the specific case and all its circumstances.
• The customer providing opinions and recommendations regarding the e-shop Dream Machines or Dream Machines products, gives the sellers a non-exclusive license to use the content of the opinion indefinitely on the internet for the purpose of holding and promoting Dream Machines or its goods, including the public opinion in such a way that each any person could have access to it at a place and time individually chosen by them.
13. VIOLATIONS
a) Dream Machines provides space for the communication needs of the customer, but does not initiate transmission of content, does not select customers, nor does not remove or modify the content as well as does not examine whether the contents are of illegal character.
b) In the case of the seller obtaining notice of the unlawful nature of the content, seller will take action to block access to and/or removal of such content in accordance with applicable law.
14. PROHIBITION
a) Customers are prohibited from any activities that are not expressly permitted by the regulations, and in particular:
• Activities which would destabilize the work of Dream Machines, hinder the access to its websites or the content or use of them.
• Publication of spam and unsolicited commercial information.
• The use of viruses, bots, worms or other computer code, files or programs (in particular, automated processes, scripts and applications or other code, files or tools).
• Undertaking any other activities to the detriment of Dream Machines and/or their customers, which would threaten either of their rights or interests.
b) The seller has the right to block customer access to the Dream Machines website or some of its functionality when:
• The customer uses the Dream Machines in a manner inconsistent with applicable law, morality, rules of social coexistence or violates the provisions of the Regulations.
• The customer posts illegal content.
15. LIABILITY FOR PRODUCT DEFECTS
a) The seller must deliver goods without defects and is responsible for informing consumers of their shortcomings on the principles of local jurisdiction.
b) In case the customer is a client (not a consumer):
• The liability under the warranty for physical defects of the goods is disregarded
• The seller''s liability covers only the actual damage.
• The seller''s liability is limited to the value of the order.
• Seller is not responsible for the acts and omissions of third parties, including email providers, Internet service, etc.
16. COMPLAINTS
a) Complaints regarding the operation of Dream Machines and the agreements associated with Dream Machines can be sent via e-mail listed in company information. Complaints may also be submitted in writing to the address of the seller.
b) Claims using policies provided by local law must be specifically specified in the complain and will be responded within 14 days. Any other claims will be followed using the warranty terms according to the terms and conditions listed in the warranty document which was agreed upon order. This document can be found on the Dream Machines website under warranty.
c) If the shipping/courier service of Dream Machines are used this implies that the case will be handled under the terms and conditions for warranty.
d) In the event of a claim, additional data or information may need to be provided before dealing with complaints. If the complaint requires sending the product to Dream Machines or an authorized service center, the 14-day time limit for considering the complaint runs from the date of a completed claim.
17. PRODUCT DESCRIPTIONS
a) Product descriptions and images are derived from our own resources or partners, and are made as publicly available marketing materials. Any commercial use of product information from the Dream Machines site is prohibited.
b) Product descriptions and pictures are markups of the real product. There may be small difference in the description or the image. In addition, some descriptions describes options which may increase the price or not be possible on all models. Please, contact a Dream Machines representative for exact information.
18. PERSONAL DATA
a) All customer data provided during the registration process or when place an order to the seller is subject to the Privacy Policy. For more information, this privacy policy is located on the Dream Machines website.
19. FINAL TERMS AND CONDITIONS
a) The seller is entitled to change the these terms and conditions as well as launch a new version of the e-store Dream Machines. These changes maybe arise from changes in the law or other changes necessary as Dream Machines sees fit. Customers will be informed of the amendments to the regulations by accepting the provisions of the rules, when placing the order by the customer or in the profile. A customer who does not agree with the changes is entitled to terminate the agreement with immediate effect.
b) In case of modification or cancellation of any provision of these Regulations, by the decision of a competent authority or court, all the remaining provisions shall remain in force and bind the seller and the customer.
c) The laws applicable to all disputes relating to the terms and conditions is based on the local jurisdiction of the proper Dream Machines.
d) For customers who are not consumers: the jurisdiction is the court competent for the seat of the seller.
20. APPLICABLE LAW
a) The information contained on the website is only an invitation to enter into a contract within the meaning of the Civil Code.
b) Matters not regulated by these rules shall be governed by applicable law, including the provision of the local Civil Code.
c) The seller took measures to avoid any discrepancies between the different language versions of the General Terms and Conditions (also called Regulations). In case there is a difference in them the English version will be considered the master document and will prevail for purchase Dream Machines Inc. and the Polish version for purchases through Dream Machines sp. z o.o..
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