Terms and Conditions of the Online Shop – www.sklep.proteccss.pl
2. The Seller may be contacted by:
5. The Seller informs that taking advantage of Services provided electronically may be associated with a risk to any user of the Internet of introducing a malware on a computer system or obtaining and modifying Client' data by unauthorised persons. Therefore the Client should apply appropriate technical measures to minimize the above-mentioned risks, in particular by the use of antivirus and firewall.
The terms used in these Terms and Conditions shall have the following meaning:
- Business Days – these shall be the days from Monday to Friday, excluding public holidays;
- Client- a natural person who has full legal capacity, a natural person conducting business activity, a legal person or an organizational unit that is not a legal person, whose specific provisions grant legal capacity, who places an Order as part of the Online Store or uses other Services available in the Online Store;
- Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, Item 93, as amended);
- Account – a section of the Online Shop ascribed to the Client that he can use to perform specific actions in the Online Shop;
- Customer- Client who is customer within the meaning of the provisions of Article 22 of Civil Code;
- Entrepreneur – the Client being an entrepreneur within the meaning of the provisions of Article 43 of Civil Code;
- Terms and Conditions – this document;
- Regulation DSA - Regulation (EU) 2022/2065 of the European Parliament and of the Council of October2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act)
- Goods – the product presented in the Online Shop, with its description available with each of the presented products;
- Sales Agreement – a Sales agreement of Goods within the meaning of the Civil Code, concluded between the Seller and the Client;
- Services – the services rendered electronically by the Seller for the benefit of Client within the meaning of the provisions of the Act on Rendering Electronic Services dated 18 July 2002 (Journal of Laws No. 144, Item 1204, as amended);
- Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, No. 827);
- Act on Rendering Electronic Services – the Act on Rendering Electronic Services dated 18 July 2002 (Journal of Laws No. 144, Item 1204, as amended);
- Order – declaration of the Client’s will leading directly to the conclusion of a Sales Agreement, specifying in particular the kind and amount of Goods.
- The Online Shop may be accessed if the IT equipment used by the Client meets the following minimum technical requirements:
- a computer or a mobile device with access to the Internet,
- access to electronic mail,
- a browser Internet Explorer - version 42.x or newer, Firefox - version 48.0 or newer, Chrome - version 50 or newer, Opera - version 50 or newer, Safari - version 10.x. or newer,
- Using the Online Shop shall mean every activity of the Client which familiarizes him with the Shop content.
- The Client shall be obliged in particular:
- not to provide and not to transfer any content forbidden by provisions of law, e.g. the content which is defamatory, promotes violence or infringes personal rights and other rights of third parties,
- to use the Online Shop in the manner not interfering with its functioning, in particular by using specific software or devices,
- not to perform any actions such as: sending unsolicited commercial information (spam) or placing it within the Online Shop,
- to use the Online Shop so as not to disturb other Clients and the Seller,
- to use all the content within the Online Shop solely for one’s own personal purposes,
- to use the Online Shop in accordance with the provisions of law applicable at the area of the Republic of Poland, with the Terms and Conditions, and also with the general rules governing the use of the Internet.
1. The Services are made available by the Seller in the Online Shop free of charge and are rendered by the Seller 24 hours a day, 7 days a week.
2. The Service which involves maintenance of an Account in the Online Shop shall be available upon registration. To register it is required to fill out and accept the registration form available on one of the Online Shop websites. The agreement for the provision of Service which involves maintenance of an Account in the Online Shop shall be concluded for an indefinite period and shall be terminated when the Client submits a request to remove the account.
3. The Client may use the contact form to send a message to the Seller. The agreement for the provision of service which involves availability of an interactive form allowing Clients to contact the Seller shall be concluded for a definite period and shall be terminated when the Client sends a message to the Seller.
4. The Customer may contact the Seller via online chat available on the Online Shop website. The agreement for the provision of service which involves availability of an interactive chat allowing Customers to contact the Seller shall be concluded for a definite period and shall be terminated when the Customer closes the chat window or leaves the Online Shop website.
5. The Seller shall have the right to organize occasional competitions and promotions, the terms of which shall always be presented on the Shop websites. The Online Shop promotions may not be combined unless the Terms and Conditions for the given promotion provide otherwise.
6. If the Client breaches these Terms and Conditions, the Seller - after a prior ineffective cease and desist letter setting an appropriate deadline - may terminate the agreement for the provision of Services upon a 14 days’ notice.
1. Information about the Goods as provided on the Shop websites, in particular their descriptions, technical and functional parameters as well as prices constitute an invitation to conclusion of an Agreement within the meaning of Article 71 of the Civil Code.
2. All the Goods available in the Online Shop are brand new, in accordance with the contract and have been legally introduced to the Polish market.
3. If the Seller applies mechanisms of individual price adjustment on the basis of automated decision-making, it shall each time provide this information to the Consumer when placing an Order, taking into account the requirements imposed in this respect by the provisions on the protection of personal data.
4. To place an Order, an active electronic mail account is required.
5. If the Order is placed via the Order form available on the Online Shop website, the Client places the Order with the Seller electronically, which constitutes an offer to conclude an Agreement for the Sales of the Goods being the subject of the Order. The offer made electronically shall be binding for the Client if the Seller sends - to the electronic mail address provided by the Client- a confirmation of acceptance of the Order for processing, in the form of the Seller’s declaration of acceptance of the Client’s offer; upon its receipt by the Client the Sales Agreement shall be concluded.
6. The Order may be placed in the Online Shop by telephone, by electronic mail, by contact form, on Business Days and in the hours indicated on the Online Shop website. In order to do that, the Client should:
a. provide, during a phone call, in the electronic mail addressed to the Seller or in the message sent via the contact form, the name and amount of the Goods presented on the Shop website,
b. select the form of delivery and method of payment from the forms of delivery and methods of payment specified on the Shop website,
c. provide the information required for processing of the Order, in particular: name and surname, place of residence and electronic mail address.
7. The information about the total value of the Order is always provided by the Seller orally after completing entire Order or via electronic mail together with the information that the Client’s conclusion of the Sales Agreement imposes an obligation to pay for the ordered Goods, and at this moment the Sales Agreement is concluded.
8. For the Clients who are Consumers, after an Order has been placed by contact form, the Seller shall always send to the Customer a confirmation of the conditions for the placed Order.
9. The Agreement shall be concluded when the Client who is a Consumer sends (in response to the confirmation of the Order conditions sent by the Seller) an electronic mail to the Seller’s electronic mail address, where the Customer: accepts the contents of the sent Order and agrees to its processing, and also accepts the Terms and Conditions and acknowledges the notice on withdrawal from agreement.
10. After the Sales Agreement is concluded, the Seller send to the Customer a confirmation of the conditions to Costumer’s electronic mail address or in writing by mail to the address provided by the Customer.
11. The sales Agreement shall be concluded in Polish, English or German, and its provisions shall correspond to the Terms and Conditions.
1. Delivery of the Goods is limited to the territory of the European Union and realized by sending Goods to the Client’s address, given during placing the Order.
2. The Client may choose the following forms of delivery of the ordered Goods:
a. by a courier company;
b. by a post operator;
c. self-collection at the Seller's personal collection point.
3. On the Store's websites, the Seller in the description of the Goods informs the Client about the number of Business Days needed to complete the Order and its delivery, as well as about the amount of fees for the delivery of the Goods.
4. The date of delivery and execution of the Order is counted in Business Days in accordance with point VII point 2.
5. The Seller provides the Client with a proof of purchase.
6. If a different period of implementation is provided for the Goods covered by the Order, the longest period of the Order shall apply.
1. The prices for the Goods are provided in polish zloty, euros at the Client's choice and include all components, including VAT and other charges.
2. The Client may choose the following payment method:
a. bank transfer to the Seller’s bank account (in this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Client, and the Goods shall be dispatched immediately after the funds are credited on the Seller’s bank account and after the Order is completed);
b. cash upon personal pick-up - payment at the Seller’s personal pick-up point (in this case the Order shall be processed immediately after the Seller sends a confirmation of acceptance of the Order to the Customer, and the Goods shall be released at the Seller’s personal pick-up point);
c. cash, COD - payment to the delivery service at the moment of collection (in this case the processing of the Order and its dispatch shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer and after the Order is completed);
d. electronic payment (n this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Client and after the Seller receives information from the system of the payment processing agent that the Client has made the payment, and the Goods shall be dispatched immediately after the Order is completed).
3. On the Shop websites, the Seller informs the Client about the time when he must make the payment for the Order. If the Client fails to make the payment within the time specified in the previous sentence, the Seller - after a prior ineffective cease and desist letter setting an appropriate deadline - may withdraw from the Sales Agreement under Article 491 of the Civil Code.
1. The Client who is a Customer may withdraw from the Agreement without specifying the reason by submitting an appropriate declaration within 14 days. To keep this deadline it is enough to send this declaration before its lapse.
2. The Client may compose the declaration by himself or use the form of declaration of withdrawal from Agreement, which is available on the Online Shop’ websites. The Client also has the option of using the interactive return form located on the Store's website, in the tab dedicated to returns.
4. Upon receipt of the Customer's declaration of withdrawal from the Agreement, the Seller shall send a confirmation of receipt of the declaration of withdrawal from Agreement to the Consumer’s electronic mail address.
5. The right to withdraw from Agreement by the Customer shall be excluded in the following cases:
a. for rendering services, if the Seller has performed the service in full with express consent on the part of the Consumer who had been informed - before the service was commenced - that upon completion of the service he shall lose the right to withdraw from agreement;
b. for an agreement the price or remuneration for which depends on fluctuations on the financial market that are beyond control of the Seller and that may occur before the lapse of the time allowed for withdrawal from the agreement;
c. for an agreement where the subject of the service are non-prefabricated Goods manufactured as per the specifications of the Entrepreneur with consumer rights or serving to satisfy his unique needs;
d. for an agreement where the subject of the service are Goods which deteriorate quickly or have a short shelf life;
e. for an agreement where the subject of the service are Goods delivered in a sealed packaging that cannot be returned if opened, due to health protection issues or for sanitary reasons, if the packaging is opened after delivery;
f. for an agreement where the subject of the service are Goods which after delivery, due to their nature, remain inseparably connected with other items;
g. for an agreement where the subject of the service are alcoholic beverages, the price of which was agreed on conclusion of the Sales Agreement, and which may be delivered only after 30 days, and the value of which depends on fluctuations on the market that are beyond control of the Seller;
h. for an agreement where the Consumer expressly requested the Seller to visit him in order to perform an urgent repair or maintenance; if the Seller additionally performs other services than those requested by the Consumer, or if he delivers other Goods than the spare parts necessary for the repair or maintenance, the Consumer shall have the right to withdraw from agreement as regards the additional services or Goods;
i. for an agreement where the subject of the service are audio or video recordings or computer software delivered in a sealed packaging, if the packaging is opened after delivery;
j. the delivery of journals, periodicals or magazines, except for a subscription agreement;
k. for an agreement concluded in a public auction;
l. for Service contracts for which the Consumer is obliged to pay the price, for which the Consumer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the Consumer.
m. for an agreement for rendering services in the scope of accommodation, other than for residential purposes, transport of items, car rental, catering, services connected with leisure, entertainment, sports or cultural events, if the agreement indicates the day or period when the service is to be rendered;
n. for Contracts for the supply of Digital Content, not supplied on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the Consumer, who was informed before the start of the service that after the performance of the service by the Seller he will lose the right to withdraw from the contract,and took note of it, and the Seller provided the consumer with the confirmation referred to in Article 15 paragraph 1 and 2 or Article 21 paragraph 1 of the Act on consumer rights.
6. Other exceptions to the right to withdraw from the Agreement are indicated in Article 38(2) of the Consumer Rights Act.
7. In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded. What the parties have rendered shall be returned in an unchanged condition, unless the change was necessary within the scope of the ordinary management, in particular to determine the nature, features and functioning of the item. The items should be returned immediately, not later than within 14 days. The purchased Goods should be returned to the address of the Seller.
8. The Seller shall immediately, but not later than within 14 days from receipt of the Entrepreneur’s with consumer rights declaration on withdrawal from the Agreement, return to the Entrepreneur with consumer rights all the payments he has made, including the costs of delivery for the Goods. The Seller shall refund the payment with the same method of payment as was used by the Entrepreneur with consumer rights, unless the Entrepreneur with consumer rights agrees to another way of refund, whereas such a refund shall not generate any cost for the Entrepreneur with consumer rights. The Seller may withhold the refund of payment received from the Entrepreneur with consumer rights until he receives the returned item or the Entrepreneur with consumer rights provides a proof of its return dispatch, whichever comes first, unless the Seller offered to pick up the item from the Entrepreneur with consumer rights by himself.
9. If the form of delivery of the Goods selected by the Consumer is other than the least expensive, regular form of delivery offered by the Seller, the Seller shall not be obliged to refund to the Entrepreneur with consumer rights any additional costs he has incurred.
10. The Consumer shall only incur the direct cost of return of the Goods, unless the Seller has agreed to incur that cost.
1. The Seller undertakes to deliver the Goods in accordance with the Agreement.
2. The Seller is liable for non-compliance of the Goods with the contract on the terms set out in the Act on consumer rights towards the Client who is a Consumer and the Client who is an Entrepreneur with consumer rights. The Seller’s liability towards the Customer who is an Entrepreneur is excluded.
3. Complaints resulting from the violation of the Customer's rights guaranteed by law or under these Terms of Sale should be directed to the address: PRO - TEC CAR SECURITY SYSTEM Albert Marczak, ul. Graniczna 1, 05-124 Janówek Pierwszy, Poland, to the e-mail address: firstname.lastname@example.org, telephone number +48 669999901.
4. In order for the complaint to be processed, the Customer should send or deliver the Goods in question, attaching the proof of purchase, if possible. The Goods should be delivered or sent to the address mentioned in point 3.
5. The Seller undertakes to process each complaint within 14 days.
6. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, immediately, but not later than within 7 days from the date when the Customer received the request.
2. In the complaint, the Client should indicate his name and surname, address for correspondence, the kind and description of the present problem.
3. The Seller undertakes to process each complaint within 14 days, and if this is not possible - to inform the Client within that time when the complaint will be processed. If there are any deficiencies in the complaint, the Seller shall request the Client to supplement it as necessary, within 7 days from the date when the Clientreceived the request.
1. The Goods may possess the guarantee of manufacturer.
2. For the Goods covered by a guarantee, the information regarding the existence and contents of the guarantee, and also the time for which it has been concluded is always presented on the Shop websites.
XII. Out-of-court methods of settling complaints and redressroszczeń
1. The Client who is a Consumer has the following possibilities to use the out-of-court ways of settling complaints and pursuing claims:
a. he has the right to refer to a permanent amicable consumer court operating by the Commercial Inspection with a request to settle a dispute arising out of the concluded Sales Agreement;
b. has the right to refer to the voivodeship inspector of the Commercial Inspection with a request to initiate mediation proceedings for amicable settlement of the dispute between the Customer and the Seller;
c. may obtain free support for settlement of the dispute between the Consumer and the Seller, using also the support of the poviat (municipal) consumer rights adviser or a social organisation whose statutory tasks include protection of Consumers (among others, the Federation of Consumers, the Society of Polish Consumers). The advice is provided by the Federation of Consumers on the toll-free number of consumers’ hotline +48 800 007 707 and by the Society of Polish Consumers at the electronic mail address email@example.com.
d. may report his complaint via the European ODR platform available at the address:http://ec.europa.eu/consumers/odr/.
1. All and any rights of the Online Shop, including economic copyrights, intellectual property rights to its name, internet domain, the Online Shop website, and also to forms, logotypes are the property of the Seller and may be used solely in the manner indicated in and consistent with the Terms and Conditions.
2. The provisions concerning the Consumer contained in these Regulations, regarding withdrawal from the contract and complaints, apply to a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional character for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity. The provisions on out-of-court methods of settling complaints and redress do not apply.
3. Whenever the relevant regulation of the law of the Customer in his country, will prove more favourable for him, the relevant provisions of law in the country of origin of the Customer will apply.
4. Any disputes arising between the Seller and the Client who is a Consumer shall be settled by competent courts in accordance with applicable provisions of the Code of Civil Procedure.
5. Any disputes arising between the Seller and the Client who is an Entrepreneur shall be settled by a competent court of jurisdiction proper for the seat of the Seller.
6. The matters not provided in these Terms and Conditions shall be governed by the provisions of the Civil Code, provisions of the Act on the provision of electronic services, provisions of the Act on Consumer Rights and other relevant provisions of Polish law.
7. Each Client will be informed about any changes to these Regulations through information on the main page of the Online Store containing a list of changes and the date of their entry into force. Clients who have an Account will be additionally informed about the changes along with their statement to the e-mail address indicated by them. The date of entry into force of the amendments will not be shorter than 14 days from the date of their announcement. If the Client who has a Client Account does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact within 14 days from the date of informing about the change in the Regulations. Notification of the Seller about the lack of acceptance of the new content of the Regulations results in the termination of the Agreement.