General terms and conditions of the online Store
§1 Preliminary provisions
TermoProtekt online Store, available at the following website termoprotekt.pl, is run by INVENTUM POLSKA Sp. z o. o. with its registered office in Opole 45-047, ul. Ludwika Waryńskiego 2, entered into the National Court Register by the District Court in Opole, VIII Commercial Division of the National Court Register under number KRS 0000744348, with share capital of PLN 5000.00, NIP 7543189413, REGON 38097449500000
- Consumer - a natural person concluding a Agreement with the Seller at the Store, the subject of which is not directly related to their business or professional activity.
- Seller - INVENTUM POLSKA Sp. z o. o. with its registered office in Opole 45-047, ul. Ludwika Waryńskiego 2, entered into the National Court Register by the District Court in Opole, VIII Commercial Department of the National Court Register under KRS number 0000744348, with share capital of 5000.00 PLN, NIP 7543189413, REGON 38097449500000
- Customer - any entity making purchases in the Store.
- Entrepreneur - a natural person, a legal person and an organisational unit that is not a legal person, which is granted legal capacity by a separate act, doing business in its own name, which uses the Store.
- Store - an online Store operated by the Seller and located at the Internet address termoprotekt.pl
- Distance Agreement - an agreement concluded with the Customer within an organised system of Agreement conclusion at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the Agreement.
- Regulations - these Regulations of the Store.
- Order - Customer's declaration of will made by means of the Order Form and aiming directly at concluding a Sales Agreement of a Product or Products with the Seller.
- Account - Customer's account in the Store, it contains the data given by the Customer and information about Orders placed by them in the Store.
- Registration form - a form available in the Store, which allows the creation of an Account.
- Order form - interactive form available in the Store which enables the placement of an Order, in particular by adding Products to a Cart and determining the terms of the Sales Agreement, including the method of delivery and payment.
- Cart - an element of the Store's software in which the Products selected by the Customer for purchase are visible, as well as the possibility of determining and modifying the Order's data, in particular the number of products.
- Product - a movable item available in the Store / service which is the subject of a Sales Agreement between the Customer and the Seller. 14.
- Sales Agreement - a Agreement of sale of a Product concluded or to be concluded between the Customer and the Seller through the Online Store. The Sales Agreement is also understood - depending on the characteristics of the Product - as the agreement for the provision of services and Agreement for specific work.
§3 Contact with the Store
- Address of the Seller: ul. Ludwika Waryńskiego 2, 45-047 Opole
- E-mail address of the Seller: email@example.com
- Phone number of the Seller: +48 661 649 388
- Seller's bank account number: 17 1050 1504 1000 0090 3162 6311
- The Customer may communicate with the Seller using the addresses and telephone numbers given in this paragraph.
- The Customer may communicate with the Seller by phone between 8:00 and 17:00 o'clock.
§4 Technical requirements
In order to use the Store, including browsing the Store's assortment and placing orders for Products, the following are necessary
- a terminal device with access to the Internet and a web browser such as Microsoft Edge 42, Firefox 62, Opera 55, Chrome 69, Safari 12 or more recent,
- active e-mail account,
- enabled cookies,
§5 General information
- First The Seller to the fullest extent permitted by law is not responsible for malfunctions, including interruptions in Store operations caused by force majeure, unauthorised actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
- Browsing the range of products in the Store does not require creating an Account. Placing orders by the Customer for products in the Store's range of products is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data to enable the processing of the order without creating an Account.
- The prices given in the Store are quoted in Polish zloty and are gross prices (including VAT).
- The total (final) amount to be paid by the Customer consists of the price of the product and the cost of delivery (including charges for transport, delivery and postal services), of which the Customer is informed on the Store's website when placing an order, also when expressing willingness to be bound by a Sales Agreement.
- In the case of an Agreement covering a subscription or provision of services for an indefinite period of time, the total (final) price is the total price including all payments for the settlement period.
- When the nature of the subject of the Agreement does not allow, in a reasonable assessment, prior calculation of the total (final) price, information on how the price will be calculated, as well as fees for transport, delivery, postal services and other costs, will be given in the Store in the description of the Product.
§6 Creating an Account in the Store
- In order to create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: e-mail, telephone, first and last name
- Setting up an Account in the Store is free of charge.
- Logging into an Account is done by providing a username and password established in the registration form.
- The Customer has the opportunity at any time, without giving any reason and without incurring any charges to remove the Account by sending an appropriate request to the Seller, particularly by e-mail or in writing to the addresses given in § 3.
§7 Rules of placing an Order
In order to place an Order it is necessary to:
- log in to the Store (optionally);
- select the Product which is the subject of the Order and then click the "Add to cart" button (or equivalent);
- log in or use the possibility of placing an Order without registration;
- if the option of submitting the Order without registration has been selected - fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
- click the button "Order and pay"/"Order and pay" and confirm the order
- choose one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 8 section 3.
§8 Offered delivery and payment methods
1. The Customer may use the following methods of delivery or collection of the ordered Product:
a. Courier delivery, cash on delivery.
2. Personal collection available at the following address: ul. Ludwika Waryńskiego 2, 45-047 Opole. The Customer may use the following payment methods:
a. Payment on delivery
b. Cash on delivery
c. Payment via bank transfer to the Seller's account
e. Payment by credit card.
§9 Performing the Sales Agreement
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after prior submission by the Customer of an Order using the Order Form at the Online Store in accordance with § 7 of the Terms and Conditions.
- After placing an Order the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending by the Seller to the Customer the appropriate e-mail message to the e-mail address given during the placement of the Order, which includes at least the Seller's statement of receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. At the moment of receipt by the Customer of the above e-mail, the Sales Agreement between the Customer and the Seller is concluded.
- If the Customer chooses:
a. transfer payment, e-payment or payment card payment, the Customer is obliged to make the payment within 3 calendar days from the day of concluding the Sales Agreement - otherwise the order will be cancelled.
b. payment on delivery, the Customer is obliged to make payment on delivery.
c. payment in cash on delivery, the Customer is obliged to make payment on delivery within 3 days from the date of receiving information that the parcel is ready for collection.
4. If the Customer has chosen a method of delivery other than personal collection, the Product shall be dispatched by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer while placing the Order.
5. A - In case of an order for Products with different delivery dates, the delivery date shall be the longest specified date.
B - In case of an order for Products with different delivery dates, the Customer has the option to request that the Products are delivered in parts or that all Products are delivered when the Order is completed. 6. The start of the period for delivery of the Product to the Customer is calculated as follows:
a. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
b. If the Customer chooses cash on delivery payment method - from the date of conclusion of the Sales Agreement. 7,
7. If the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer on the date specified in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer's e-mail address provided during placing the Order.
8. If the Products are ordered with different readiness for collection dates, the readiness for collection date is the longest date given.
9. The start of the Customer's readiness for collection period is calculated as follows:
a. In case of choosing by the Customer the method of payment by bank transfer, electronic payment or card - from the date of crediting the bank account of the Seller.
b. In case of choosing by the Customer the cash on delivery method - from the date of conclusion of the Sales Agreement.
10. The Product delivery takes place only in Poland.
11. The Product delivery to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including shipping, delivery charges and postal services) are indicated to the Customer on the pages of the Online Store at the tab "Delivery Costs" and during the placement of the Order, including the moment of expressing the Customer's will to be bound by the Sales Agreement.
12. Personal collection of any Products by the Customer is free of charge.
§10 Withdrawal right from the agreement
1. The Consumer may within 14 days withdraw from the Sales Agreement without giving any reason.
2. The period specified in paragraph 1 shall begin from the delivery of the Product to the Consumer or a person designated by him other than the carrier.
3. In case of an Agreement that involves multiple Products that are delivered separately, in lots or in parts, the period indicated in paragraph 1 shall run from the delivery of the last item, lot or part.
4. In case of an Agreement that involves the regular supply of Products for a fixed period (subscription), the period indicated in paragraph 1 shall run from taking possession of the first item.
5. The Consumer may withdraw from the Agreement by submitting a notice of withdrawal from the Agreement to the Seller. To keep the deadline for withdrawal from the Agreement it is sufficient for the Consumer to send a statement before the expiry of this deadline.
6. The notice may be sent by traditional post, or electronically by sending a statement to the Seller's e-mail address or by submitting a statement on the Seller's website - the Seller's contact details are set out in § 3. The statement may also be submitted on the form, the specimen of which is attached as Annex No. 1 to these Regulations and Annex to the Act of 30 May 2014 on consumer rights, but it is not mandatory.
7. If the statement is sent by the Consumer electronically, the Seller shall immediately send to the Consumer at the email address provided by the Consumer a confirmation of receiving the statement of withdrawal from the Agreement.
8. Results of withdrawal from the Agreement:
a. In case of withdrawal from the Agreement concluded at a distance, the Agreement shall be deemed not to have been concluded.
b. In case of withdrawal from the Agreement the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivery of the item, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
c. The reimbursement of payments will be made by the Seller using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for them.
d. The Seller may postpone the reimbursement until they have received the Product back or until they have been provided with evidence of having sent it back, whichever occurs first.
e. The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which they informed the Seller of their withdrawal from the Agreement. The deadline is met if the Consumer sends back the Product before the expiry of the 14-day period.
f. The Consumer shall be charged with the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be sent back by post in the usual manner.
g. The Consumer shall only be liable for any diminished value of the Product resulting from the use of the Product in a manner other than that which was necessary to establish the nature, characteristics and functioning of the Product.
9. In case when, due to the nature of the Product it cannot be sent back in the standard way by post, information about this, as well as the cost of returning the Product, will be located in the description of the Product in the Store.
10. The right to withdraw from the Agreement concluded at a distance does not apply to the Consumer in relation to the Agreement:
a. in which the subject matter of the supply is a thing not prefabricated, produced to the Consumer's specification or serving to meet their individual needs, b. in which the subject matter of the supply is an item supplied in sealed packaging which cannot be returned after opening the packaging for health protection or hygiene reasons, if the packaging has been opened after delivery,
c. in which the object of supply is a perishable item or an item with a short expiry date,
d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer who was informed before the provision of services that after the Seller's performance he will lose the right to withdraw from the Agreement,
e. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the end of the deadline for withdrawal from the Agreement,
f. in which the subject of the performance are things which after the delivery, due to their nature, are inseparably connected with other things,
g. in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales agreement and the delivery of which may only take place after 30 days and the value of which depends on fluctuations on the market, over which the Seller has no control,
h. where the subject of the supply are audio or visual recordings or computer software supplied in sealed packaging if the packaging has been opened after delivery,
i. for the supply of newspapers, periodicals or magazines, except for a subscription agreement,
j. for the supply of digital content which is not recorded on a tangible medium if the performance of the service has begun with the Consumer's express consent before the end of the period for withdrawal from the Agreement and after the Seller has informed the Consumer of the loss of the right to withdraw from the Agreement
§11 Complaints and warranties
version for Stores selling new products
1. The Sales Agreement applies to new Products.
2. The Seller is obliged to provide the Customer with goods that are free from defects.
3. In case of defects of goods purchased from the Seller, the Customer has the right to make a claim under the warranty provisions of the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under warranty.
version for Stores in which the buyer can make a complaint
in writing or to the e-mail address of the entrepreneur
1. The complaint should be submitted in writing or by e-mail to the addresses given in these Terms and Conditions of the Seller.
version for Stores, in which the form to lodge a complaint
will be available online on the website.
- The complaint should be submitted in writing or by e-mail to the addresses given in these Terms and Conditions of the Seller or using an electronic complaint form, made available by the Seller on one of the pages of the Store.
- It is recommended to include in the complaint, among other things, a brief description of the defect, the circumstances (including date) of its occurrence, the data of the Customer who submits a complaint, and the Customer's request in relation to the defective goods.
- The Seller shall respond to the complaint immediately, no later than within 14 days, and if they do not do so within this period, it is considered that the Customer's request is justified.
- Any goods that are returned under the complaint procedure should be sent to the address: ul. Ludwika Waryńskiego 2, 45-047 Opole, INVENTUM POLSKA Sp. z o. o.
- In case there is a guarantee on the Product, information about it, as well as its content, will be included in the description of the Product in the Store.
§12 Procedures for out-of-court settlement of complaints and claims.
- Detailed information about the possibility of out-of-court complaint processing and claim procedures used by the Consumer and the rules of access to these procedures are available in the offices and on the websites of district (city) consumer ombudsmen, social organisations responsible for statutory tasks of consumer protection, Voivodship Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:
- http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php http://www.uokik.gov.pl/wazne_adresy.php.
- The Consumer has the following examples of out-of-court complaint and redress procedures:
- The Consumer shall be entitled to apply to the arbitral consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) with a request to resolve a dispute arising from the Agreement concluded with the Seller.
- The Consumer shall be entitled to apply to the Voivodeship Inspector of the Trade Inspection, in accordance with the Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings for an arbitrary settlement of the dispute between the Consumer and the Seller.
- The Consumer may obtain free assistance in resolving the dispute between them and the Seller, also using the free assistance of the county (municipal) consumer ombudsman or a social organisation of which statutory tasks include consumer protection (such as the Consumer Federation, Polish Consumer Association).
§ 13 Personal data processed by the Online Store
1. The Administrator of Customers' personal data collected by the Online Store is the Seller.
2. The Customers' personal data collected by the administrator via the Online Store are collected for the purpose of Sales Agreement, and if the Customer agrees - also for marketing purposes.
3. The recipients of personal data of the Online Store's Customers may be:
a. a. In case of a Customer who uses postal or courier delivery method in the Internet Store, the Administrator will make the collected personal data of the Customer available to a chosen carrier or an intermediary performing the delivery on the order of the Administrator.
b. If the Customer uses electronic or credit card payment method in the Internet Store, the Administrator shall make available the collected personal data of the Customer to the chosen entity handling the aforementioned payments in the Internet Store.
4. The Customer has the right to access their data and correct them.
5. Providing personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude the Sales Agreement results in inability to conclude this agreement.
§14 Final provisions
- Any Agreements concluded via the Online Store are concluded in Polish.
- The Seller reserves the right to make changes to the Terms and Conditions for important reasons, such as changes in laws, changes in methods of payment and delivery - to the extent that these changes affect the implementation of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
- In any matters not regulated by these Terms and Conditions generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act on providing electronic services; Act on consumer rights, Act on personal data protection.
- The Customer has the right to use the out-of-court ways of processing complaints and claims. For this purpose, they can submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.