I. General Provisions
These Terms and
Conditions (hereinafter: T&C) define the general terms, conditions and rules for
sale of Products by logitechmacro conducting business activity under name: logitechmacro via
his online Store: https://logitechmacro.com/ and specify the terms and conditions for
the provision of free electronic services by logitechmacro.
Definitions of terms used in the T&C:
logitechmacro – sole entrepreneur conducting business activity under name: logitechmacro,
e-mail: logitechmacro@logitechmacro.com
Store or Website– logitechmacro website https://logitechmacro.com/ on which the Customer can
purchase Products sold by logitechmacro.
Working Days – means days of the week from Monday to Friday, excluding Polish
public holidays.
Delivery – means the actual act of delivering the Product specified in the order
to the Customer by logitechmacro.
Password – means a word or string of characters selected by the Customer during
the Registration of Customer Account on the Website in order to secure access to
the Customer Account.
Customer – means any person to which electronical services may be provided or
with which a legally binding contract may be concluded in accordance with T&C
and other relevant legal provisions.
Consumer – means any individual who purchases goods or services from an
entrepreneur not directly related to his/her business or professional activity.
Customer Account – means an individual panel for each Customer, launched on his
behalf by logitechmacro, after the Customer has registered and therefore concluded the
contract of Customer Account Services.
Login – means an individual Customer’s identification, consisting of a words or
string of characters selected by the Customer, required together with the
Password to set up a Customer Account in the online Store.
Entrepreneur – means an individual, a legal person or an organizational unit
that is not a legal person which the law provides with legal capacity,
conducting business or professional activity on its own behalf and concluding a
legal action directly related to its business or professional activity.
Registration – means actual activity carried out in the manner specified in the
T&C and obligatory for the Customer in order to create his/her personal Customer
Account.
Product – means the product displayed by logitechmacro on the Website, which may be
the object of a Sales Contract.
Durable Medium – means any instrument which enables the Consumer and logitechmacro to
store information addressed personally to that consumer in a way accessible for
future reference for a period of time adequate for the purposes of the
information and which allows the unchanged reproduction of the information
stored;
Sales Contract – distance purchase-sale contract concluded between the Customer
and logitechmacro on terms specified in the T&C and relevant provisions of Polish law.
In order to place an order in the Store via the Website or via e-mail and in
order to use the services available on the Website, it is necessary for the
Customer to have an active e-mail account.
It is prohibited to provide the unlawful content by the Customer. The Customer’s
use of the Website or free services provided by logitechmacro cannot be contrary to
the law, general good practices accepted by law or infringe lawful interests of
third parties.
logitechmacro declares that the public nature of the Internet and the use of services
provided electronically may involve the risk of obtaining and modifying the
Customer’s data by unauthorized persons, therefore Customers shall use
appropriate technical measures that minimize the above risk. In particular, they
should use antivirus programs protecting the identity of users of the Internet.
logitechmacro never asks the Customer to provide him with any form of password.
The Customer is not allowed to use the Store’s resources and functions in order
to conduct activities that could infringe the lawful interest of logitechmacro.
II. Registration of Customer Account
In order to create
a Customer Account, the Customer is obliged to make a free Registration.
Registration is not necessary to place an order in the Store.
In order to register, the Customer should complete the registration form
provided by logitechmacro on the Website and send the completed registration form
electronically to logitechmacro by selecting the appropriate function contained in the
registration form. During registration, the Customer selects an individual
password.
When filling out the registration form, the Customer has the opportunity to read
the T&C, accepting its contents by marking the appropriate field on the form.
During Registration, the Customer may voluntarily make a declaration of consent
to the processing of his personal data for marketing purposes by checking the
appropriate box of the registration form. In this case, logitechmacro clearly informs
about the purpose of collecting personal data of the Customer, as well as about
known by logitechmacro or intended recipients of this data.
The Customer’s consent to the processing of his personal data for marketing
purposes does not preclude the conclusion of the contract with logitechmacro of
Customer Account Service provided electronically. Consent may be withdrawn at
any time by submitting an appropriate statement to the logitechmacro. For example, the
declaration may be sent to the logitechmacro’ e-mail: logitechmacro@logitechmacro.com
After sending the completed registration form, the Customer shall receive,
without delay, by e-mail on the e-mail address indicated in the registration
form containing confirmation of the Registration by logitechmacro. With this moment,
the contract of Customer Account Service provided electronically is concluded,
and the Customer gains access to the Customer Account and is able to make
changes of data given during the Registration.
III. Orders
The information
contained on the Website does not constitute an logitechmacro’ offer within the
meaning of the Polish Civil Code, but only the invitation for Customers to
submit offers to conclude a Sales Contract.
The Customer may place their orders in via the Website for 7 days a week, 24
hours a day.
The Customer placing an order through via the Website completes the order by
selecting the Product he is interested in. Adding the Product to the order is
done by selecting the “Add to cart” command under the given Product presented on
the Website. After completing the entire order, the Customer proceeds to filling
in his/her relevant personal data and other details necessary purchasing the
Product and then submits the order by sending the order form to logitechmacro,
selecting the “Confirm Purchase with Obligation to Pay” button on the Website.
Each time before the order is sent to logitechmacro, the Customer is informed about
the total price for the selected Products and method of delivery, as well as all
additional costs which he is obliged to incur in connection with the Sale
Contract.
Placing an order is the submission to logitechmacro by the Customer of an offer to
conclude the Sale Contract of the Products being the subject of the order.
After placing an order, logitechmacro sends the confirmation of placing an order to
the e-mail address indicated by the Customer.
After sending the confirmation of placing the order, logitechmacro sends information
on the acceptance of the order to the address indicated by the Customer.
Information about the acceptance of the order to be executed is a statement by
logitechmacro about the acceptance of the offer made by the Customer to conclude the
Sales Contract and from the moment of its receipt by the Customer, the Sales
Contract is concluded. Law applicable to the Sales Contract is the law of
ATLANTA USA.
After the conclusion of the Sales Contract, logitechmacro confirms to the Customer its
terms, sending them on a Durable Medium to the Customer’s e-mail address or in
writing to the address indicated by the Customer during Registration or
ordering.
IV. Payments
Prices on the
Website referring to a given Products contain taxes and do not contain
information on the costs of delivery and any other costs that the Customer will
be obliged to incur due to the Sales Contract. If applicable, The Customer will
be provided with these information before placing an order.
The Customer pays for the ordered Products in the form of sending electronic
money via the PayPal external payment system, operated by the Luxembourgian
company PayPal (Europe) S.à.r.l.et Cie, S.C.A. (R.C.S. Luxembourg B 118 349).
The Customer is informed by logitechmacro every-time on the Website about the date in
which he is obliged to make the payment for the order in the amount resulting
from the concluded Sales Contract.
If there is a need of refund of costs for the transaction made by the Customer
with a payment card, logitechmacro will refund it to the bank account assigned to the
Customer’s payment card.
If the Customer fails to make the payment within the deadline referred to in the
Article IV item 3 of the T&C, logitechmacro sets an additional deadline for the
Customer to make a payment and informs the Customer about it on a Durable
Medium. Information about the additional payment deadline also includes
information that after the expiration of this deadline, logitechmacro will withdraw
from the Sales Contract. In the event of the ineffective expiration of the
second deadline for making the payment, logitechmacro will send the Customer on a
durable Medium a statement of withdrawal from the contract pursuant to art. 491
of the Polish Civil Code.
V. Delivery of the Products
logitechmacro performs
deliveries of Products worldwide using means of electronic communication.
logitechmacro is obliged to deliver the Products which are the subject of the Sales
Contract without defects.
logitechmacro publishes on the Website the information on the number of Business Days
needed to complete the order and delivery.
The period for Delivery and execution of the order indicated on the Website is
counted in Working Days in accordance with the date of payment determined in
accordance with Article IV item 2 of the T&C.
The ordered Products are, depending on the choice of the Customer, delivered to
the Customer via e-mail on the e-mail indicated by the Customer when placing an
order or uploaded to the Customer’s Customer Account.
logitechmacro, according to the will of the Customer, attaches the receipt or the
invoice for the delivered Product and sends it along with the Product or
separately on the Customer’s e-mail.
VI. Warranty and Liability Waiver
logitechmacro ensures the
delivery of the Products free from physical (technical) and legal defects.
logitechmacro is liable to the Customer if the Product has a physical (technical) or
legal defect (warranty).
If the Product has a defect, the Customer may:
a) submit a statement of price reduction or withdrawal from the Contract of
Sale, unless logitechmacro immediately and without excessive inconvenience for the
Customer exchanges defective Product for a product free of defects or removes
the defect. This limitation does not apply if the Product has already been
replaced or repaired by logitechmacro or logitechmacro did not meet the obligation to
replace the Customer with a Product free from defects or to remove defects. The
Customer may, instead of the removal of the defect proposed by logitechmacro, request
the replacement of the Product free from defects, or instead of replacing the
Product, demand removal of the defect, unless it is impossible to bring things
to comply with the Sales Contract in a manner chosen by the Customer or would
require excessive costs compared to the method proposed by logitechmacro. When
assessing the excess of costs, the value of the Product free from defects, the
type and significance of the defect is taken into account, and the inconvenience
to which the Customer would otherwise expose himself is taken into account.
b) demand replacement of defective Product with one free of defects or removal
of defect. logitechmacro is obliged to replace the defective Product with a
defect-free Product or remove the defect within a reasonable time without undue
inconvenience to the Customer. logitechmacro may refuse to satisfy the Customer’s
request if compliance with the Sales Contract to sell the defective Product in
the manner chosen by the Customer is impossible or in comparison with the other
possible way to bring into conformity with the Sales Contract, it would require
excessive costs. The costs of repair or replacement are borne by logitechmacro.
The Customer who performs the rights under the warranty is obliged to deliver
the faulty Product to the logitechmacro by means of electronic communication. In the
case of the Customer being a Consumer, the delivery cost is covered by logitechmacro.
logitechmacro is responsible for the warranty if a physical defect is found before two
years from the release of the Product to the Customer. A claim for removing a
defect or replacing the Product with a one that is free of defects expires after
one year, but the date cannot be completed before the date specified in the
first sentence. Within this date, the Customer may withdraw from the Sales
Contract or submit a declaration on the price reduction due to a defect in the
Product. If the Customer requested a replacement of the Product for one free of
defects or removal of the defect, the date to withdraw from the Contract of Sale
or submit a price reduction statement begins with the ineffective expiry of the
date for replacing the Product or removal of the defect.
Any complaints related to the Products or the performance of the Sales Contract,
the Customer may submit in writing to the address of logitechmacro.
logitechmacro within 14 days from the date of the receipt of the complaint, will refer
to the complaint of the Product or complaints related to the performance of the
Sales Contract.
The customer may submit a complaint to logitechmacro regarding the use of free
services provided electronically by logitechmacro. The complaint may be submitted in
electronic form and sent to: logitechmacro@logitechmacro.com. In the complaint request, the
Customer should include a description of the problem. logitechmacro promptly, but no
later than within 14 days, reviews complaints and provides the Customer with an
answers.
Use of the Product may be considered by organizers of e-sports events and
providers/administrators of on-line games as prohibited under their internal
rules and regulations.
8.1 Use of product may be considered by anti-cheats in game as prohibited.
8.2 Before using
the product, the Consumer is obligated to check whether the usage is allowed.
The Customer,
including the Consumer, is not entitled to any damages with regards to actual
damage and lost profits incurred by the use of the Product in the on-line games,
e-sports tournaments and other activities of similar nature. In particular,
logitechmacro is not liable for expulsion from e-sports tournament and/or blocking
gamer’s account if the Customer used the Product despite it was contrary to the
internal regulations and rules of organizers of abovementioned tournaments and
providers of games. The Customer is obliged to carefully check whether use of
the Product is allowed or prohibited in the e-sports tournament, on-line game or
other activity or event of similar nature and comply with internal rules and
regulations of the entity organizing such event or providing the services.
logitechmacro products are intended exclusively for tests, investigations, research
and development and cognitive purposes. Products can not be used in games if
it’s not allowed (VI).
VII. No Right of Withdrawal from the
Sales Contract
logitechmacro inform that
as a general rule, in accordance with Article 27 of the Polish Law of 30 May
2014 on Consumer’s Rights (hereinafter: Law on Consumer’s Rights), a consumer
who has concluded a contract at a distance or outside the premises of the
company may withdraw from it without giving any reason within 14 days and
without incurring costs. Nevertheless, according to Art. 38 of the Law on
Consumer’s Rights, the right to withdraw from a contract concluded at a distance
on outside the premises company is not available to the consumer in relation to
the contract for providing digital content that is not saved on a material
carrier, if the performance of the contract begun upon the express consent of
the consumer before expiry of the deadline to withdraw from the contract and
after informing him/her by an entrepreneur about losing the right to withdraw
from the contract.
Keeping in mind Art. VII item 1 of T&C, logitechmacro hereby informs that:
the Product is a digital content and;
The Customer having the status of the Consumer placing an order for the purchase
of the Product grants consent for the performance of the service covered by the
Sales Contract of the Product before the expiry of the deadline as referred to
in item 1 of this Article (14 days deadline to execute the right of withdrawal
from the contract) and;
therefore the Customer, including the Consumer does not have the right to
withdraw from the Sales Contract of the Product.
VIII. Free Electronic Services
logitechmacro provides
the following free electronic services to Customers: Customer Account Service.
Moreover, logitechmacro may provide in the future the following free electronic
services to Customers:
Newsletter;
Posting opinions.
Once services mentioned in letters a) and b) above are introduced they will
provided in accordance with the following provisions of this Article.
Services indicated
in para. 1 above are provided 7 days a week, 24 hours a day.
logitechmacro reserves the right to choose and change the type, form, time and method
of granting access to selected services mentioned above, which will inform
Customers in a manner appropriate to changing T&C.
The Newsletter service can be used by any customer who enters his e-mail address
using the registration form provided by logitechmacro on the Website for this purpose.
After sending the completed registration form, the Customer will receive,
promptly, by e-mail to the email address provided in the registration form by
logitechmacro. At that moment, a Contract for the provision of the Newsletter service
by electronic means is concluded. The Customer may additionally during the
Registration mark the appropriate field in the registration form in order to
subscribe to the Newsletter service.
Newsletter service send by logitechmacro to an electronic mail address consists an
electronic message containing information about new Products or services
provided by the logitechmacro and any other information logitechmacro deem appropriate. The
Newsletter is being sent by logitechmacro to all Customers who have subscribed to the
Newsletter.
Each Newsletter addressed to the Customers contains, in particular: information
about the sender, a completed “subject” field specifying the content of the
delivered message and information about the possibility and method of
resignation from the free Newsletter service.
The Customer may at any time opt out of receiving the Newsletter by
unsubscribing from the subscription via the link provided in each e-mail sent as
part of the Newsletter service or by sending an e-mail with abovementioned
request to the following address: https://logitechmacro.com/support/.
The Customer Account Service is available after registration on the terms
described in the T&C and consists of providing the Customer with a dedicated
panel within the Website, enabling the Customer to modify the data he provided
during Registration, as well as tracking the order status and order history
already completed.
A Customer who has registered may submit a request to delete an logitechmacro’
Customer Account, however, if the Customer requests to delete the Customer
Account it may be deleted within 14 days of submitting the request.
Posting opinions services consist of enabling Customers having a Customer
Account, to publish on the Website individual and subjective statements
regarding in particular the Products. Detailed rules on using Posting opinions
services and the Customers’ responsibility with regards to posting opinions is
stipulated by Article IX.
Cancelling the Posting opinions service is possible at any time and consists of
ceasing to post content by the Customer on the Website.
logitechmacro is entitled to block access to the Customer Account and free services,
if the Customer acts to the detriment of logitechmacro or other Customers, violates
the law or the provisions of the T&C, and when blocking access to the Customer
Account and free services is justified by security reasons – in particular:
breaking the Website’s security or other hacking activities by the Customer.
Blocking access to the Customer Account and free services for the aforementioned
reasons lasts for the period necessary to resolve the issue constituting the
basis for blocking access to the Customer Account and free services. logitechmacro
notifies the Customer about blocking access to the Customer Account and free
electronic services on the e-mail address provided by the Customer in the
registration form.
IX. Responsibility of the Customers
By posting content
and making it available, the Customer agrees on voluntary distribution of
content. The published content does not express the views of logitechmacro and should
not be equated with its activities. logitechmacro is not a content provider, but only
an entity that provides adequate ICT resources for this purpose.
The Customer declares that:
a) is entitled to use proprietary copyrights, industrial property rights and/or
related rights to exploitation rights, industrial property rights objects (for
example trademarks) and/or related rights subjects that make up the content;
b) placing and making available as part of the services referred to in Article
VIII of the T&C, personal data, image and information concerning third parties
takes place in a legal, voluntary manner and with the consent of the persons
concerned;
c) agrees to access the published content by other Customers and logitechmacro, as
well as authorizes logitechmacro to use them free of charge in accordance with T&C;
d) consents to the development of works within the meaning of the Act on
Copyright and Related Rights which has been adopted on 4 February 1994.
The Customer is not entitled to:
a) posting as part of using the services referred to in Article VIII of the T&C,
personal data of third parties and the dissemination of the image of third
parties without the required permission or consent of a third party;
b) posting as part of using the services referred to in Article VIII of the T&C,
content of an advertising and/or promotional nature.
It is forbidden to place by Customers as part of using the services as referred
to in the Article VIII of the T&C, content that could in particular:
a) be placed in bad faith, for example with the intention of violating personal
rights of third parties;
b) violate any rights of third parties, including rights related to the
protection of copyright and related rights, protection of industrial property
rights, trade secret or related to confidentiality obligations;
c) be offensive or threatened to other people, contain vocabulary that violates
good manners (for example by using terms commonly considered offensive);
d) contradict the lawful interest of logitechmacro;
e) otherwise violate the provisions of the T&C, good customs, provisions of
applicable law, social or moral norms.
If a notification is received in accordance with Article X of the T&C, logitechmacro
reserves the right to modify or delete content posted by Customers as part of
their use of the services as referred to in the Article VIII of the T&C, in
particular with respect to content on which, based on reports of third parties
or relevant authorities, if it was found that they may constitute a violation of
these T&C or applicable law. logitechmacro does not keep current content checked.
The Customer consents to the free use by logitechmacro of the content posted by
him/her as part within the Website.
X. Reporting a Threat of Violation or
Violation of Rights
If the Customer or
other person or entity finds that the content published on the Website violates
their rights, personal rights, good manners, feelings, morals, beliefs,
principles of fair competition, know-how, secret protected by law, he/she may
notify logitechmacro of a potential breach.
logitechmacro being notified of a potential breach take immediate action to remove
content constituting violation of T&C or relevant laws from the Website.
XI. Personal Data Protection
logitechmacro activities
are compliant with the European and Polish legislation concerning personal data
protection of physical persons. In particular logitechmacro act in accordance with
Regulation (EU) 2016/679 of the European Parliament and the Council s of 27
April 2016 on the protection of natural persons with regard to the processing of
personal data and on the free movement of such data, and repealing Directive
95/46/EC (General Data Protection Regulation).
Detailed information on the logitechmacro’ personal data Controller status, purposes
and legal basis for processing personal data by logitechmacro and other obligatory and
relevant information processing of personal data may be found in the logitechmacro
Privacy Policy published on the Website.
XII. Out-of-court settlement of disputes and seeking redress
logitechmacro informs the
Customer who is a Consumer about the possibility of using the following
out-of-court complaint and redress procedures:
a) The consumer has the right to apply to a permanent amicable consumer court
operating at the Polish Trade Inspection with a request to settle the dispute
arising from the concluded Sales Contract;
b) The Consumer has the right to ask the Polish Regional Inspector of the Trade
Inspection to initiate mediation proceedings regarding the amicable settlement
of the dispute between the Consumer and the logitechmacro;
c) The Consumer has the right to obtain free assistance regarding the resolution
of a dispute between the Consumer and logitechmacro from the Polish District
(municipal) Consumers’ Ombudsman.
Detailed information on the Consumer’s possibilities for= out-of-court
settlement of complaints and redress is available at the offices and on the
websites of Polish District (municipal) Consumers’ Ombudsman ombudsmen, Polish
Regional Inspectorates of Trade Inspection and on the website:
http://www.uokik.gov.com/spory_konsumenckie.php
logitechmacro informs that the online platform for settling disputes between the
consumers and businesses entities at EU level is available at
http://ec.europa/consumers/odr/
XIII. Copyrights
The Website is
protected by copyrights. All rights to the Website, including proprietary
copyrights, intellectual property rights to its name, internet domain and
graphic design belong to logitechmacro.
logitechmacro informs that it is the owner or licensee of all materials published on
the Website, unless expressly stated otherwise.
logitechmacro authorizes the Website users to use a non-exclusive, royalty-free and
non-transferable license to use the proprietary copyrights to materials
contained on the Website only to familiarize with the presentation of the
Products offered by logitechmacro and to conclude distance Sales Contract as specified
in the T&C.
The Customer may not use the materials contained on the Website for commercial
purposes without the written consent of logitechmacro or the licensor.
The logitechmacro’ logo, name, and all other trademarks placed on the Website are
legally protected.
logitechmacro warns that the infringement of copyrights and other related rights will
be prosecuted by means provided in the civil and criminal law.
XIV. Termination of a Contract other
than the Sales Contract
Both the Customer
and logitechmacro may dissolve the Contract for the provision of electronic services
at any time and without giving reasons, subject to retaining the rights acquired
by the other party before the termination of the above-mentioned contract and
provisions below.
The Customer who has registered will dissolve the contract for the provision of
electronic services by sending appropriate declaration of will to logitechmacro, using
any means of remote communication which allow the logitechmacro to read the Customer’s
declaration of intent.
logitechmacro dissolves the Contract for the provision of electronic services by
sending to the Customer an appropriate statement of will to the e-mail address
indicated by the Customer during the Registration or e-mail provided by the
Customer in any other way.
XV. Final provisions
logitechmacro is liable
for non-performance or improper performance of the Contract in accordance with
relevant provisions of Polish law, but in the case of Sales Contracts concluded
with Customers who are Entrepreneurs, logitechmacro is liable only in the event of
deliberate damage and within the limits of actual losses inflicted to Customers
who are Entrepreneurs.
The content of T&C may be recorded by printing, saved on a carrier or downloaded
at any time from the Website.
In the event of a dispute arising out of the concluded Sales Contract, the
parties shall endeavor to resolve the matter amicably. The law applicable to the
resolution of any disputes arising from Sales Contract and T&C is Polish law.
logitechmacro reserve the right to change these T&C. All orders accepted by logitechmacro
before the new T&C come into force are performed in accordance with T&C, which
was in force on the date of placing the order by the Customer. Amendments to T&C
comes into force within 3 days from the date of publication on the Website.
logitechmacro will inform the Customer 3 days in advance before the entry into force
of the new T&C on amendments to the T&C by means of a message sent
electronically containing a reference to the text of the amended T&C. In the
event that the Customer does not accept the new content of the T&C, he/she is
obliged to notify logitechmacro about this fact, which results in termination of the
Sales Contract in accordance with the provisions of Article XIV of the T&C.
These T&C shall enter into force as of 1 Jan 2020.
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Forest Park , GA 30297
Atlanta USA
logitechmacro@logitechmacro.com
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