Terms & Conditions

Terms of service

Sonicsmith General Terms and Conditions

  • General
    1. The General Terms and Conditions listed below are a component of all contracts concluded with our Contractual Partners (also called “Customer(s)” in the following) for the goods or services offered by:

Sonicsmith B. Kaczynski, B. Lavi s.c.
with its registered seat in Krakow,
ul. Bernardyńska 9/2, 31-069 Kraków, Poland
NIP: 6762499975,
telephone no: +48 501 793 691,
e-mail: info@sonicsmith.com
website: www.sonicsmith.com

hereinafter referred to as “Sonicsmith”

via the Sonicsmith online store.

They also apply to all future goods, services, or offers to the Customer, even if they are not agreed to again separately.

  1. Our deliveries, services, and offers are made solely on the basis of these General Terms and Conditions.
  2. These General Terms and Conditions govern the use of our online services and materials available on our website. These online services are the Sonicsmith online store which allows Customers to purchase our products via the Internet and the personal account registration which allows Customers to save and access their data associated with the purchase. The agreement on providing services by electronic means shall be concluded the moment the user begins to use the website. The online services are voluntary and free of charge. The User loses the ability to use online services by electronic means at the latest upon termination or expiration of the agreement.
  3. For correct operation, the Sonicsmith website requires the use of JavaScript and HTML technology.
  4. The website user may not deliver any unlawful or illegal content to Sonicsmith.
  • Offer, Order, Offer Documents
    1. All of our offers are subject to change and are non-binding insofar as they are not expressly labeled as binding in writing or include a certain deadline for acceptance. The order of the Customer is an offer to us to conclude a contract for purchase. With our receipt of the Customer’s order we will send a written or electronic order confirmation first that confirms our receipt of the order. This order confirmation is not an acceptance of the Customer’s offer yet; rather, it merely confirms that we have received the order. Therefore, the contents of the order confirmation are not binding for us. This applies in particular insofar as the order confirmation contains incorrect information on account of automated processing (for example errors in prices or calculations).
      A binding contract only arises when the shipment of the ordered product to the Customer has been confirmed by means of a written or electronic shipping confirmation.
    2. Changes to the subject of delivery, in particular those of a technical nature, remain reserved insofar as (i) the subject of delivery is not significantly changed and the changes are not unreasonable for the Customer or (ii) we have not expressly agreed in writing with the Customer that the information about the subject of the delivery or service is binding.
  • Prices, Conditions of Payment
    1. Customer payment procedure shall be carried out either via PayPal or Dotpay S.A. payment services available on the Sonicsmith website.
    2. The prices agreed between us and the Customer apply only for the scope of delivery and service in our respective shipping confirmation. Any additional or special performances will be charged separately.
    3. The prices displayed on the website are in USD gross without shipment cost added.
    4. If no prepayment is arranged, all invoiced amounts are, unless nothing else is expressly agreed in writing, due without any deduction whatsoever within the day after the invoice issuance date. Our receipt of the payment is authoritative for payment having been made in a timely manner. The deduction of a trade discount requires a separate written agreement. If the Customer is
      a consumer, applicable in deviation is that payment obligations – insofar as no other agreement is made expressly in writing – are always to be fulfilled by means of advance payment.
    5. Insofar as we have not already agreed to advance payment with the Customer, we are entitled to demand pre-payment or payment of a security by the Customer before we carry out outstanding deliveries if circumstances become known that in our diligent judgment are suited to substantially reduce the creditworthiness of the Customer and which would endanger payment of our open, due claims by the Customer from the respective contractual relationship includes those from other individual orders insofar as they are on the basis of the same legal relationship.
    6. Insofar as nothing else was expressly agreed in writing with the Customer, all payments are to be made solely to us in USD.
  • Customs and Duties, Import Value-Added Tax

If the Customer has its domicile abroad and the subject of the delivery is therefore imported into another country, customs and duties or import value-added tax might be collected on which we have no influence and the amount of which we cannot assess in advance. Such customs or import duties or import value-added taxes are to be borne by the Customer and will not be assumed by us. The Customer should liaise with the competent customs office for more information about the customs, import duties, or import value-added taxes arising in the individual cases, because customs regulations vary from country to country. As an importer, the Customer must comply with the respective local regulations. We reserve the right to simplify the customs procedures by making statements about the value in the package towards customs. Customs is, however, also entitled to open packages for the sake of simplicity. We have no influence in respect of this.

  • Right of withdrawal
  1. If you are a consumer, in the event of distance contracts, you have a right of withdrawal within
    14 days without giving any reason, pursuant to the following conditions:

The withdrawal is to be sent Here. You may use the form attached in the Appendix 2 to these General Rules and Conditions below.

Returns of goods please send to the following address:

Sonicsmith B. Kaczynski N. Lavi s. c.
ul. Bernardyńska 9/2
31-069 Kraków – Poland
telephone no.: +48 501 793 691
e-mail: returns@sonicsmith.com

Consequences of withdrawal:

In the event of valid withdrawal within the meaning of the the Act of 23 April 1964 – Civil Code (Journal of Laws No 16, item 93, as amended), the services received by both parties are to be returned. Items that can be sent as packages are to be sent back out at our risk. You are to bear the regular expenses for return shipment, which shall be returned along with your payment using the method specified in § 3 (1) of these General Terms and Conditions. Obligations to refund payments shall be fulfilled without delay, no longer than within 14 (fourteen) days. The period begins for you with the dispatch of the declaration of withdrawal or the item, for us with their receipt.

  1. The information concerning exercising right to withdraw from contract attached in the
    Appendix 1 to these General Rules and Conditions below is also applicable.
  2. We ask you to return the product with its original packing and materials, if any, whenever possible.
  • Delivery and Delivery Period
    1. The beginning of the delivery period assumes the final clarification of all technical questions with the Customer as well as the provision by the Customer of any documents, permits, and authorizations to be obtained by the Customer as well as the receipt of any agreed pre-payment or security, and by payment of the purchase price of the goods by means of advance payment in the case of consumers. Our shipping confirmation is authoritative for delivery periods.
    2. Insofar as the Customer is an entrepreneur and we have not expressly agreed to something else in writing, the delivery period has been adhered to when we have made the subject of the delivery available at our own plant by the expiry of the deadline and announce readiness to ship to the Customer or have handed it over to the transport provider.
    3. Partial deliveries are allowed in a reasonable scope if such is usable by Customer in the scope of the contractual purpose, the delivery of the remainder of the goods is ensured, and no additional expenses or significant additional effort arises for the Customer on account of this. The following applies with regard to shipping expenses: If the Customer is a consumer, no additional shipping expenses arise for the Customer in the event of partial deliveries. If the Customer is an entrepreneur and we have not expressly agreed to something else in writing, in the event of partial deliveries we will charge the shipping expenses at cost.
    4. We will inform the Customer without delay in the event of a force majeure. The Customer can demand that we declare within 6 (six) weeks whether we will withdraw from the contract in whole or in part or deliver within a reasonable grace period with regard to the as yet unfilled part of the contract. If we do not make a declaration within the period named by the Customer, the Customer can withdraw from the part of the contract that has not been fulfilled yet. This also applies if the force majeure arises at a subcontractor of ours or arises while we are in arrears.
  • Packing, Shipping, Transfer of Risk and Acceptance of the Goods by the Customer
    1. Insofar as not expressly otherwise agreed in writing, we are free to choose the kind of packaging according to our discretion. The shipment is available throughout the entire world.
    2. If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration is transferred to the Customer at the latest with the dispatch of the goods to the shipper, freighter, or person named for shipment by the Customer or at the time of download by the Customer. This also applies in the event of partial deliveries. If the Customer is a consumer, the risk of accidental loss and accidental deterioration is transferred to the Customer at the latest with receipt of the goods by the Customer.
    3. If the Customer is unable to accept delivery or breaches any of Customer’s other obligations under these Terms and Conditions, we are entitled to request reimbursement of the damage we have incurred from such event, including all potentially incurred extra charges. In this case the risk of accidental loss or accidental deterioration of the subject of purchase is transferred to the Customer. After the setting and fruitless elapsing of a reasonable period, we are also entitled to dispose of the subject of delivery in another manner and make a delivery to the Customer with
      a reasonably prolonged period.
    4. The subject of the delivery will only be insured against theft, breakage, shipping damages, fire damages, water damages, and other insurable risks upon express request of the Customer at his expense.
  • Warranties
    1. The offered goods are covered by a standard one-year warranty for defects.
    2. If the Customer is an entrepreneur and the expenses necessary for the purposes of remedy of fulfillment are increased because the subject of delivery was brought to a location other than the location of delivery on account of the Customer, additional expenses arising on account of this are to be borne by the Customer.
    3. A replacement delivery by us assumes that the buyer returns the defective subject of delivery concurrently and – insofar as the Customer is an entrepreneur – pays reimbursement for the value of utilization.
    4. The warranty lapses if the Customer modifies the goods or has a third party modify them without our prior agreement and this makes rectification of defects impossible or unreasonably difficult. In any case, the Customer is to bear the arising additional expenses for rectification of defects on account of the modification. In particular, no liability will be assumed for damages that arose on account of the following reasons:
      1. Improper use, improper handling
      2. Unsuitable operating conditions
      3. Improper installation, start up, or use by the Customer or third parties to the extent that the owner’s manual or instructions provided by us are not incorrect
      4. Modifications on the subject of delivery by the Customer or a third party
      5. Improper or negligent handling
    5. If the Customer is an entrepreneur, the statute of limitations for claims for remedy of fulfillment, withdrawal, and reduction in price on account of defects in the subject of delivery amounts to one year from transfer of risk.
    6. Any complaints regarding our products and services shall be reported via e-mail and addressed to returns@sonicsmith.com.

 

  • Retention of Title
    1. We retain ownership of the goods until complete payment of the purchase price.
    2. If we withdraw from the contract on account of culpable conduct of the Customer in breach of contract, in particular on account of late payment, the Customer is to bear all expenses for repossession of the subject of the delivery by us. After repossession of the goods, we are authorized to dispose of them; the utilization proceeds are to be set off against the liabilities of the Customer with deduction of reasonable utilization expenses.
    3. In the event of pledging of the goods subject to retention of title or other encroachments by third parties, the Customer is to inform us without delay and make all necessary declarations and inform the third party about the existing ownership circumstances. The Customer may not pledge the subject of delivery or assign it as a security. The Customer is also obligated to treat the subject of the delivery with care; it is especially obligated to insure them itself sufficiently at the original value against loss and damage and destruction, including fire, water and theft.
    4. If the Contractual Partner is an entrepreneur, it is entitled to sell the purchased item in the ordinary course of business; however, it already assigns to us all claims in the amount of the final invoiced amount with all ancillary rights that arise for it from the further sale against its customer or third party. The Customer remains entitled to collect this receivable even after assignment. We may collect the receivable ourselves if the Customer is in arrears with its duties to pay us or if the Customer is insolvent or has made an application to open insolvency proceedings. In this case the Customer is obligated to inform us of the receivables assigned and the respective debtors, state all details necessary for debt claim recovery, hand over all documents pertaining and notify the debtors (third parties) of the assignment.
    5. We obligate ourselves to release the securities to which we are entitled upon request of the Customer to the extent that the realizable value of our securities with consideration for the assessment deductions typical for banks exceed the value of the claims to be secured by more than 20%; in doing so the wholesale price for goods and the nominal value of claims are to be assumed. The choice of securities to be released is incumbent upon us.
  • License Rights

The contents on the Sonicsmith website that are labeled as not for sale (in particular audio recordings, pictures, videos), are protected by copyright and intended for demonstration purposes only. They may not be downloaded and/or used in any other way without the agreement of Sonicsmith.

  • Complaints
    1. In the event of unsatisfactory quality of services provided by the Sonicsmith website, or Sonicsmith, or non-performance or improper performance of Sonicsmith’s obligations, the Customer is entitled to submit a complaint in this regard.
    2. Complaints shall be submitted via e-mail at returns@sonicsmith.com. The e-mail should be entitled “complaint” or the equivalent.
    3. A proper complaint should contain at least the following:
      1. Customer’s name, e-mail address and username
      2. brief description of the Customer’s remarks and objections.
    4. All complaints are investigated by Sonicsmith immediately, not later than within 14 days.
    5. The negative outcome of the complaint procedure is a prerequisite for pursuing claims in connection with the contract before the appropriate court.
  • Data protection and privacy policy
  1. The order processing is done with the help of automatic data processing. We collect, process, and use personal data of the Customer in the scope of order processing. For order processing we may transmit the personal data of the Customer to third parties. Furthermore, we save, process, and use the personal data of the Customer in an encrypted manner in order to continuously improve our offerings for our Customers.
  2. Further information about the kind, scope, and purpose of the collection, processing, and use of the personal data of our Customers is contained in our Privacy Policy attached in the Appendix 3 to these General Rules and Conditions below.
  • Legal Venue, Place of Performance

If the Contractual Partner is an entrepreneur, any disputes regarding contracts covered by these General Terms and Conditions which cannot be solved in an amicable way shall be settled by
a competent court of law, appropriate for our legal seat. We are entitled, though, to file suit against the Customer at its place of residence or domicile.

  • Applicable Law

All contracts with us shall be governed by and construed in all respects in accordance with the laws of Poland. If the Customer is an entrepreneur, the contractual language is English insofar as nothing else is agreed in writing.

Appendix 1
Information concerning exercising right
to withdraw from contract

Right to withdraw from contract

You have the right to withdraw from this contract within 14 days without stating any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or e-mail) to the address:

Sonicsmith B. Kaczynski N. Lavi s.c.
ul. Bernardyńska 9/2
31-069 Kraków – Poland
tel.: +48 501 793 691
e-mail: returns@sonicsmith.com

You may use the attached model withdrawal form, but it is not obligatory. If you make use of this possibility, we will immediately send you a confirmation of receipt of information about withdrawal from the contract in permanently archivable form (for example electronic mail).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. You shall send back the goods or hand them over to us to:

Sonicsmith B. Kaczynski N. Lavi s.c.
ul. Bernardyńska 9/2
31-069 Kraków – Poland
tel.: +48 501 793 691
e-mail: returns@sonicsmith.com

– without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of
14 days has expired.

You will have to bear the direct cost of returning the goods.

The cost is estimated at a maximum of approximately 40 PLN. 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.

Appendix 2
Withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

–     To

Sonicsmith B. Kaczynski N. Lavi s.c.
ul. Bernardyńska 9/2
31-069 Kraków – Poland
tel.: +48 501 793 691
e-mail: returns@sonicsmith.com

–     I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

–     Ordered on (*)/received on (*):

–     Name of consumer(s):

–     Address of consumer(s):

–     Signature of consumer(s) (only if this form is notified on paper):

 

–     Date:

(*) Delete as appropriate.

Appendix 3
Sonicsmith Privacy Policy

  • Definitions
  1. Website – website located at www.sonicsmith.com.
  2. User – a person who uses the Sonicsmith Website either as Registered User or Customer.
  3. Registered User – a person who uses the Website by registering an account on the Website and has access to its contents.
  4. Customer – a Contractual Partner of Sonicsmith who is a Registered User and has concluded
    a contract of purchase with Sonicsmith.
  • Introduction
  1. This Privacy Policy sets out how Sonicsmith uses and protects any information that the User gives to Sonicsmith when using the Website.
  2. By using the Website, the User accepts this Privacy Policy in full. If the User disagrees with any provisions of this Privacy Policy, the User shall not use the Website.
  3. Sonicsmith is committed to ensure that the User’s privacy is protected. Should Sonicsmith ask the User to provide certain information by which the User can be identified when using this Website, the information will only be used in accordance with this Privacy Policy.
  4. The User should note that the Sonicsmith Privacy Policy does not apply when the User accesses other websites via the web links located on the Website, as Sonicsmith has no control over the activities of these other websites. Therefore, Sonicsmith cannot be responsible for the protection and privacy of any information which the User provides whilst visiting such websites and such websites are not governed by this Privacy Policy. The User should exercise caution and look at the privacy statement applicable to the website in question.
  5. Sonicsmith may change this Privacy Policy from time to time by updating this Website. The User should check this Website from time to time to ensure that the User is happy with any changes. The date of the last update indicates the date of the most recent modifications.
  6. This Privacy Policy respects all applicable laws on data protection.
  • What Sonicsmith collects
  1. Sonicsmith may collect the following information: name and job title, contact information including the User’s street and email address, telephone number, age and/or date of birth, demographic information such as postcode, preferences and interests, other information relevant to Contents of the Website.
  2. In case of the Customer, Sonicsmith may collect other information, in particular transactional information to the extent necessary for enabling payment for purchases.
  3. Sonicsmith is committed to ensure that User’s information is secure. In order to prevent unauthorized access or disclosure Sonicsmith has put in place suitable physical, electronic and managerial procedures to safeguard and secure the information Sonicsmith collects online.
  • What Sonicsmith does with the information gathered
  1. Sonicsmith requires the gathered information first and foremost to enable the User to register an account and/or to process Customers’ transactions.
  2. Other reason the information is required is to understand the User’s needs and provide the User with a better service, and in particular for the following reasons:
  3. Internal record keeping.
  4. Improving Sonicsmith products and services.
  5. Provided the User has expressed consent during the registration procedure, Sonicsmith may periodically send promotional emails about new products, special offers or other information which Sonicsmith deems interesting for the User to the email address used during registration; Sonicsmith may also use User’s information to contact the User for market research purposes by email, phone, fax or mail.
  6. Sonicsmith may use the information to customize the Website according to User’s interests.
  7. Provided the User has expressed consent, Sonicsmith may provide User’s information to Sonicsmith’s third party partners for marketing or promotional purposes.
  8. Sonicsmith will never sell User’s information.
  • How Sonicsmith uses cookies 
  1. A cookie is a small file which asks permission to be placed on the User’s computer hard drive. Once the User agrees, the file is added and the cookie helps to analyze web traffic or lets one know when the User visits a particular site. Cookies allow web applications to respond to the User as an individual. The web application can tailor its operations to the User’s needs, likes and dislikes by gathering and remembering information about the User’s preferences.
  2. Sonicsmith uses traffic log cookies to identify which sites are being used. This helps Sonicsmith to analyze data about website traffic and improve Website in order to tailor it to the User’s needs. Sonicsmith only uses this information for statistical analysis purposes and then the data is removed from the system.
  3. Overall, cookies help Sonicsmith provide the User with a better Website, by enabling Sonicsmith to monitor which sites the User finds useful and which not. A cookie in no way gives Sonicsmith access to the User’s computer or any information about the User, other than the data the User has chosen to share with Sonicsmith.
  4. The User can choose to accept or decline cookies. Most web browsers automatically accept cookies, but one can usually modify one’s browser settings to decline cookies if so preferred. This however may make using all functionalities of the Website impossible.
  • Controlling User’s personal information
  1. The User may choose to restrict the collection or use of User’s personal information. Especially,
    if the User has previously agreed to Sonicsmith using the User’s personal information for direct marketing purposes, the User may revoke the consent at any time by emailing Sonicsmith at info@sonicsmith.com.
  2. Sonicsmith will not sell, distribute or lease User’s personal information to third parties unless Sonicsmith has User’s permission or is required by law.
  3. Sonicsmith may use User’s personal information to send promotional information about third parties which Sonicsmith thinks the User may find interesting if the User informs Sonicsmith that User wishes this to happen.
  4. The User may request details of personal information which Sonicsmith holds about the User under relevant data protection provisions of Polish law by sending an e-mail to info@sonicsmith.com.
  5. If the User believes that any information Sonicsmith holds on the User is incorrect or incomplete, the User is asked to email Sonicsmith as soon as possible, at the above address. Sonicsmith will promptly correct any information found to be incorrect.
  6. If the User wants Sonicsmith to delete the personal information from Sonicsmith servers, the User is asked to email Sonicsmith at the above address. The User should note that the deletion of personal data will lead to the termination of User’s registered account and applicable services.