Terms and conditions
Table of contents
§ 1. General regulations
§ 2. Conclusion of the agreement for the provision of services by electronic means
§ 3 Conclusion of the Sales Agreement
§ 4 Payment, delivery, acceptance
§ 5 Personal data
§ 6 Complaints
§ 7 Withdrawal from the Agreement
§ 8.Provisions applicable to Customers who are not Consumers
§ 9.Additional information
§ 1.General regulations
1.1 These Terms and Conditions (" Terms and Conditions") regulate the conditions:
a) conclusion of sales agreements via the online shop www.adsystem.pl and determines the principles of execution of these agreements.
b) delivery of marketing content concerning the Internet Shop by use of a so-called newsletter
c) provision of electronic services by the Seller.
1.2 The Internet Shop (" Online Shop") is operated by means of the domain www.adsystem.pl. The object of activity of the Online Shop is to sell goods available on the websites of the Online Store.
1.3 Adsystem Sp. z o.o. is the entity running the online shop, Provider and Seller of the Products placed therein. (hereinafter: Adsystem) based in Bielany Wrocławskie at ul. Atramentowa 11, 55-040 Kobierzyce, entered into the register of entrepreneurs by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Department of the National Court Register under the following KRS number: 0000229449, NIP:8942678597, REGON: 9326605970000, initial capital: 57500 PLN; e-mail: Tel: +48 672 672 000, firstname.lastname@example.org
1.4 Electronic correspondence concerning the operation of the Online Shop should be sent to the following e-mail address: email@example.com, while traditional (postal) correspondence should be addressed to: Adsystem sp. z o.o., 11 Atramentowa Street, Bielany Wrocławskie, 55-040 Kobierzyce
1.5 The Terms and Conditions are addressed to both Consumers and Non-Consumers using the Online Shop, Electronic Services or concluding Sales Agreements (except for paragraph 8 of the Terms and Conditions, which is addressed exclusively to Non-Consumers).
1.6 Orders are realized in Poland. The Seller should be asked about the possibility of processing foreign orders.
1.7 Prices in the Online Shop are expressed for orders up to a total package weight of 30 kg and over 30 kg. in Polish zloty and include VAT (gross prices). Prices do not include possible shipping costs, which depend on the method of payment and delivery chosen by the Customer.
1.8 Unless expressly indicated in the commercial information, the goods available in the Online Shop are new and ADSYSTEM is responsible for their possible material and legal defects.
1.9 Acceptance of the Terms and Conditions is voluntary, but necessary in order to create an Account and/or in order for the Customer to place an Order.
1.10. Information presented in the Online Shop or, in the case of placing Orders using other means of distance communication, an electronic message with confirmation of the content of a proposed Sales Agreement, as referred to in point III item 6 letter a of the Terms and Conditions, constitute an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code, directed by the Seller to the Customers, and not an offer within the meaning of the Civil Code, even if this information includes a unit price of the goods.
PRICE - defined in Polish zloty or in another currency amount of gross remuneration (including tax) due to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement. The price does not include delivery costs.
WORKING DAY - one day from Monday to Friday excluding public holidays.
PASSWORD - a sequence of characters necessary for authentication when accessing the Account, defined by the Customer when creating the Account. The Customer shall be obliged not to disclose the password to any third parties.
CUSTOMER/USER - (1) a natural person; or acting through an authorized person (2) a legal person; or (3) an organizational unit without legal personality, to which legal capacity is granted by law; having full legal capacity.
CIVIL CODE - the Civil Code Act of 23 April 1964.
CONSUMER - a natural person making a legal action with the entrepreneur not directly related to his/her business or professional activity.
CUSTOMER ACCOUNT - Electronic Service, marked with an individual name (Login) and Password given by the Customer, a set of resources in the Seller's ICT system, allowing the Customer to use additional functionality/services. The Customer obtains access to an Account by means of a Login and Password. A Customer logs into his/her Account after the registration in the Online Shop. The Account allows saving and storing information about the data for shipment, tracking the status of the Order, access to Orders.
BASKET - a service made available to each Customer who uses the Online Shop, which consists of placing an Order for one or several Products, displaying a summary of the price of individual Products and all the Products together (including possible shipping costs). The shopping basket collects the Customer's offers to conclude a Sales Agreement.
LOGIN - Customer's e-mail address given within the Shop when creating an Account.
NEWSLETTER - Electronic Service, which enables all Clients using it to receive periodic information from the Seller, in particular about Products, the Online Shop, including news and promotions, to the e-mail address or telephone number given by the Client, with the Client's express consent.
PRODUCT - a movable item available in the Online Shop, being the subject of the Sales Agreement between the Customer and the Seller, against payment of a price.
REGULATION/SERVICE AGREEMENT - this document defines the rules of concluding Sale Agreements and rules of providing and using services made available by the Seller via the Online Shop to the Clients. The Regulations define the rights and obligations of the Customer and the Seller. Within the scope of services provided electronically, these Regulations are the Regulations referred to in art. 8 of the Act of 18 July 2002 on provision of services electronically.
ONLINE STORE , E-STORE - adsystem.pl platform enabling placing of Orders by the Customer and providing of services made available by the Seller, operated by the Seller.
SELLER/ SERVICE PROVIDER - Adsystem Sp. z o.o. (hereinafter: Adsystem) with its registered seat in Bielany Wrocławskie at ul. Atramentowa 11, 55-040 Kobierzyce, entered into the Register of Entrepreneurs by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Department of the National Court Register under KRS no.: 0000229449, NIP:8942678597, REGON: 9326605970000, share capital 57500 PLN; e-mail: Tel: +48 672 672 000, firstname.lastname@example.org
SALE CONTRACT - a Sales Contract as defined by the Civil Code, concerning the sale of a Product by the Seller to the Customer for the payment of the Price plus any extra charges, including shipping costs, the conditions of which are defined in particular by these Terms and Conditions. Sales Agreement is concluded between the Customer and the Seller with the use of means of distance communication, after acceptance of the Order by the Seller on the terms specified in these Regulations. The Sales Agreement specifies in particular the Product, its main features, Price, shipping costs and other important conditions. The Seller may conclude a Sales Agreement with a Customer who is not a Consumer also as a result of concluding an agreement without following the procedure specified in these Terms and Conditions, which shall be confirmed by e-mail at the request of either of the parties to the Sales Agreement.
ELECTRONIC SERVICE - provision of services electronically within the meaning of the Act of 18 July 2002 on provision of services electronically by the Seller to the Customer through the Online Shop, in accordance with the Service Agreement.
CONSUMER RIGHTS ACT, ACT - the Act of 30 May 2014 on consumer rights.
ORDER - the Customer's declaration of will expressing a direct will to conclude a Distance Sales Agreement submitted by means of distance communication, specifying the Product as to which the Customer submits an offer to conclude a Sales Agreement and the Customer's data necessary for the possible conclusion and performance of the Sales Agreement. The Order is assigned a number. Acceptance of the Order means concluding the Sales Agreement.
§ 2 Conclusion of agreement on the provision of services by electronic means
2.2 Provision of electronic Services by the Service Provider is free of charge.
2.3 Conditions for conclusion of agreements for the provision of Electronic Services:
2.3.1 The agreement for the provision of an Electronic Service consisting in the maintenance of a Customer Account in the Online Shop shall be concluded at the moment of registration.
2.3.2 In order to make a Registration, it is necessary for the Customer to provide the following data in the registration form: name and surname, e-mail address and Password.
2.3.3. The contract for the provision of the Electronic Service consisting in making available an interactive form for placing an Order in the online Shop shall be concluded at the moment of commencing the above Service (adding the Product to the Basket).
2.3.4. The contract for provision of an electronic Service Newsletter / commercial offers shall be concluded at the moment of providing the Online-Shop website with an electronic mail address and clicking the field "Sign up" or the moment the Customer selected the appropriate check-box during registration, expressing consent to the Newsletter service.
2.3.5 Agreements on provision of Electronic Services consisting in maintenance of a Customer Account and Newsletter / commercial offers in the Online Shop are concluded for an indefinite period of time.
2.3.6 The agreement for the provision of electronic services consisting in the provision of an interactive form for placing an Order at the Online Store is concluded for a definite period of time and terminates at the moment of placing the Order.
2.4 Conditions of termination of contracts for the provision of Electronic Services:
2.4.1 The User shall have the right to terminate the agreement for the provision of continuous electronic services by the Service Provider at any time (e.g. deletion of the User's account). Termination of the contract shall be without any additional costs and without indication of reasons:
220.127.116.11 The contract may be terminated by sending an appropriate statement to the email address email@example.com or in writing to the Service Provider's address (indicated at the beginning of these Regulations).
18.104.22.168 In such a case the Agreement shall expire 7 days after receipt of the termination notice by the Service Provider.
2.4.2 The Service Provider has the right to terminate the agreement for provision of services by electronic means with 7 days notice in case when the User provides the content of illegal nature.
2.4.3 The termination and dissolution of the contract does not involve the loss of rights already acquired by Customers using the Seller's Online Shop.
§ 3 Conclusion of the sales contract
3.1 The Customer may choose the following methods of placing an order:
a) placing an order after prior registration in the E-Store system;
b) placing an order without registration, so called "quick shopping";
c) placing an order via e-mail;
3.2 The Customer who has placed an Order after prior registration has access to additional options available through an Account, such as order history, the ability to check at what stage of completion an Order is placed and the ability to receive information about new products and promotions (if they have declared a wish to receive the Newsletter / commercial offers).
3.3 Registration consists in creating a Customer Account in the shop system www.adsystem.pl. In order to register, the Customer should fill in the registration form available on the E-Store website. Data indicated in the registration form as mandatory are necessary for the proper conclusion and performance of the sales contract. The registration procedure is completed when the Store receives the correct activation of the Account.
Placing an order by the registered Customers of the www.adsystem.pl shop consists of adding relevant goods to the Basket. If all the items we are interested in are in the Basket, we have to place an Order by choosing the option "Proceed to the checkout". If you have not previously filled in the data needed to complete the order (address, contact telephone number) at this point you will be asked to provide the above data. To complete the ordering process, follow the messages displayed on the E-shop website. The order is placed when you click on the button "Order with duty of payment", or another with equivalent wording.
3.4 In the case of choosing "fast shopping" (paragraph 3.1.b) of the Terms and Conditions), after selecting the Product, click on the "Add to basket" icon after which you can continue shopping or click on the icon "go to the Basket " and complete your purchase. In order to place an Order, the User will be asked to fill in his/her contact details, billing and shipping data. In the next step the User is asked to choose the method of delivery and the method of payment. The Order is placed when the User clicks on the button "Order with obligation to pay", or any other button with equivalent wording.
3.5 In order to place an Order by sending an e-mail, it is necessary to send an e-mail to the address firstname.lastname@example.org. The content of the message should specify the essential provisions of the contract, i.e. the subject of the contract, price, quantity.
3.5.1 In the content of the e-mail message the Customer is obliged to provide data necessary for the proper dispatch of goods (name, surname, delivery address, telephone number). In addition, the Customer is obliged to specify the method of payment.
3.6 In the course of placing the orders referred to in point 3.1 of these Terms and Conditions the Customer is obliged to specify the method of payment. 3.6. When placing the orders referred to in point 3.1 of these Terms and Conditions, the Customer is obliged to provide data corresponding to the truth.
3.7. After receiving an order by the E-Store system, each time an automatic message will be sent to the e-mail address provided by the Customer, confirming that the Order has been received.
3.8. In the case of proceeding to the execution of the Order, the Seller will confirm the acceptance of the Order with a separate email message.
3.8.1. An offer made by the Customer and not confirmed by the Seller within 3 working days will cease to be binding for the Parties.
3.8.2 The Sales Agreement shall be considered concluded at the moment the Customer receives the message from the Seller confirming the commencement of processing of the order (message referred to in point 3.8 of these Regulations).
3.9. The Customer of the E-store should check whether the submitted Order does not contain errors, and if it does, he may correct it as follows:
3.9.1. When placing an order, until the button indicating the order placement is pressed, the Customer has the possibility of changing the entered data (e.g. type/quantity of goods/means of delivery). In case of any inconsistencies, please follow the messages displayed to the Customer and the information available on the Store's website and its subpages. In case of any problems or difficulties, please contact us by e-mail at email@example.com or by phone at +48 672 672 000.
3.9.2. According to these Terms and Conditions, after placing an order, an automatic e-mail will be sent to the e-mail address provided in the order to confirm receipt of the order. The content of the message will also specify any necessary information about the order. In the case of an error by the Customer with respect to the entered data (e.g. quantity of the ordered goods, incorrect calculation of the Order by the system), the Customer has the right to change the order. The Customer has the right to change the order within 2 hours of receiving the confirmation of receipt of the Order until 2 p.m. on working days, and within 12 hours of receiving the above confirmation in other cases. For this purpose, it is recommended to send an e-mail to: firstname.lastname@example.org with a request for change, or make a request for change by phone by contacting the telephone number +48 672 672 000. After correcting the Order, the Seller sends an e-mail to the address given in the Order, which will contain a confirmation of receipt of the corrected Order.
3.10. Orders are handled by the E-Store customer service department on Working Days, i.e. from Monday to Friday, excluding public holidays, from 9.00 am to 4.00 pm.
3.11. An order, the receipt of which has been confirmed by the E-Store system (point 3.7), constitutes an offer within the meaning of Article 66 § 1 of the Civil Code and forms the basis for the conclusion of a sales agreement between the Customer and the Seller.
3.12. The conclusion of the contract of sale of the Products being the subject of the order takes place at the moment the Customer receives information on acceptance of the Order for execution, made in accordance with point 3.8.
§ 4 Payment, delivery, collection
4.1.1 In consideration of the execution of the Sales Agreement, the Customer shall pay the Price of the Products indicated in the Order and the cost of their shipment.
4.1.2 The Price of particular goods presented in the E-Store is a gross Price expressed in Polish Zlotys (PLN) including also the goods and services tax due at the applicable rate. The given Prices do not include, however, the costs of possible shipment, which shall be indicated during the Order placement.
4.1.3. Payment is made in the form selected by the Customer:
a) cash: payment on delivery or payment at the Seller's premises (when choosing the option "Personal collection");
b) non-cash: payment by bank transfer to the account of the Seller. The day of payment is the day of crediting the Seller's account.
4.1.4. In case the Seller does not receive the payment from the Customer who chose to pay in advance, i.e. transfer payment, electronic payment or payment card payment, the Seller may contact the Customer to remind him about the payment. Failure to make payment within 3 days from placing the Order will result in the Customer's failure to accept the offer made under the Order.
4.1.5. The payment card operator is PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068.
4.2 Dispatch of goods:
4.2.1 The time taken for the Seller to prepare an Order for shipment is each time presented on the subpage of the Product in question and is calculated from the date (the start of the delivery period):
a) crediting the bank account or settlement account of the Seller - in the case of choosing by the Customer the method of wire transfer payment, electronic payment or payment card
b) conclusion of the Sales Agreement - if the Client chooses cash on delivery payment method.
The total waiting time for the Product to be received by the Customer (delivery time) consists of the time of preparing the Order for shipment by the Seller and the time of delivery of the Product by the Orders placed by E-Store Customers.
4.2.2. The ordered Products are shipped exclusively to addresses within the territory of Poland. About the possibility of processing foreign orders, please ask the Seller.
4.2.3. In the absence of contrary provisions, the Seller undertakes to perform the subject of the Contract, within a period not exceeding thirty days after the submission by the Customer of a declaration of intent to conclude the Contract (point 3.7).
4.2.4 The time of delivery shall depend on the method of delivery/collection of goods chosen by the Customer and shall not exceed 7 working days.
4.2.3. The Seller entrusts the delivery of the Products to third parties conducting business activity in this scope, i.e:
GENERAL LOGISTICS SYSTEMS POLAND sp. z o.o., Tęczowa 10, 62-052 Głuchowo, NIP 7851561831, REGON 631058749, entered in the Register of Entrepreneurs of the National Court Register under number 0000005009
DHL Express (Poland) Sp. z o.o. Osmańska 2 Street, 02-823 Warsaw, NIP 5270022391, REGON 12005407, entered in the Register of Entrepreneurs of the National Court Register under number 0000047237
DPD POLSKA Sp. z o.o. ul. Mineralna 15, 02-274 Warsaw, NIP 5260204110, REGON 012026421, entered in the Register of Entrepreneurs of the National Court Register under number 0000028368
4.3 Receipt of goods:
4.3.1 The Seller informs that the Customers have the right to check the condition of the consignment after its delivery to the place indicated in the Order. They have the right to check the condition of the parcel before collecting it from the carrier.
4.3.2. If, before the delivery of the consignment it turns out that it has been damaged or has suffered a defect, the Carrier is obliged to immediately establish the condition of the consignment and the circumstances in which the damage occurred. However, in most cases the Carrier performs these activities at the request of the person entitled to collect the packet.
4.3.3. We inform that if after the delivery of the consignment you notice a defect or damage that cannot be seen from outside, then at the request of the Customer reported immediately to the Carrier after the disclosure of damage, but no later than within 7 days from the date of collection of the consignment, the Carrier establishes the status of the consignment.
4.3.4In case of any problems or doubts please contact the Seller at the phone numbers indicated on the Seller's website.
1.The Administrator of the Customers' personal data is Adsystem Sp. z o.o. with its headquarters in Bielany Wrocławskie at ul. Atramentowa 11, 55-040 Kobierzyce, entered into the Register of Entrepreneurs by the District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Department of the National Court Register under KRS number: 0000229449, NIP:8942678597, REGON: 9326605970000, share capital 57500 zł; e-mail: Tel: +48 672 672 000, email@example.com
Customers' personal data are processed for the purpose of performing Agreements concluded within the framework of the e-shop activity (preparing, concluding and performing the sales agreement, maintaining the Customer Account) on the basis of Article 6(1)(b) of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016. on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC(hereinafter: "RODO") and marketing of own products (sending messages containing commercial information (with prior consent expressed in the form of subscription to the Newsletter) on the basis of Article 6(1)(a) of RODO and answers to queries addressed to the Seller.
In particular, the Administrator may process the following personal data of Customers:
a) the Customer's personal data provided in the form when registering the Account, placing Orders in the Online Shop (in particular: name and surname; e-mail address; contact telephone number; address of residence/business/site, bank account number, and in the case of Customers who are not consumers, additionally company name and NIP number);
b) personal data provided for the purposes of using the newsletter, provided when using the contact form, or provided when filing a complaint;
Personal data are processed in accordance with the regulations on personal data protection, in accordance with the implemented data protection policy and are processed to the extent and for the purpose necessary to establish, shape the content of the Agreement, amend or terminate it and properly perform the Services provided electronically.
5. The data administrator has implemented technical and organisational measures to protect personal data provided by the Customers against disclosure to unauthorised persons or entities.
6. Customers' personal data may be transferred to:
a) to the carrier or agent executing the shipment on behalf of the Data Controller - in case of a Customer, who uses in the Internet Shop the method of delivery by post or courier service.
b) entity processing payments in the Internet Shop - if a Customer uses electronic or credit card payment method.
c) Entity making tax settlements of the Internet Shop - in case of Customers who have concluded a sales contract with the Data Administrator.
d) the entity providing software for running the Internet Shop or the Internet Shop's hosting company, to the extent of service and proper functioning of the Internet Shop.
7. The entities indicated in § 5.4. shall be provided only with the data necessary for proper performance of the service.
8. The data administrator has the right to disclose the Customer's personal data to entities authorized under certain provisions of law (e.g. law enforcement agencies).
9. Unless the law provides otherwise, the Administrator shall store the Customer's personal data for as long as it is necessary for the purposes for which the aforementioned data were collected. The Administrator reserves the right to process the Customer's personal data after the termination of the contract or the withdrawal of consent only to the extent necessary to assert potential claims in court or if national or EU regulations or international law oblige the Administrator to data retention
The Customer whose personal data is processed by the Administrator has the right to access the data, rectification, erasure of data (in cases described in Article 17 of RODO), restriction of their processing, the right to object, the right to data transfer, as well as the right to lodge a complaint to the supervisory authority, which is the Office for Personal Data Protection.
The Administrator reserves the right to process the Customers' personal data after termination of the agreement or withdrawal of consent only to the extent necessary to assert potential claims in court or if national or EU regulations or international law oblige the Administrator to data retention.
Providing Personal Data by the Customer in the Internet Shop is voluntary, however it is necessary to use certain functionalities of our shop, for example to place an Order and its settlement (conclusion and performance of the Sales Agreement), Account registration (conclusion and performance of the Service Agreement), newsletter subscription, complaint handling.
11. Contact with the person supervising the processing of personal data is possible by e-mail at: firstname.lastname@example.org or by mail to the address Adsystem sp. z o.o. Bielany Wrocławskie ul. Atramentowa 11, 55-040 Kobierzyce.
6.1 Claims regarding the purchased goods:
6.1.1 The Seller shall be liable to the Customer if the sold Product has a physical or legal defect (warranty) on the principles set out in the Civil Code Act of 23 April 1964 and other generally applicable laws.
6.1.2 If the goods purchased by the Customer are inconsistent with the Agreement or have defects, the Seller should be informed about this fact first. If, in order for the Seller to respond to the Customer's complaint or exercise the Customer's rights under warranty, it is necessary to deliver the Product to the Seller, the Customer is obliged to deliver the Product at his/her own expense to the address: Adsystem sp. z o.o. ul. Atramentowa 11, Bielany Wrocławskie 55-040 Kobierzyce.
6.1.3. It is recommended to submit the claim in writing or by e-mail to email@example.com. In order to accelerate and facilitate the process of considering the claim it is recommended to send with the claim any additional information such as order number, date of sale etc.
22.214.171.124 The claim shall be considered without delay, however, no later than within 14 days.
126.96.36.199 The answer to the complaint will be sent to the e-mail address provided by the Customer or in another way indicated by the Customer.
6.1.4 The Seller is liable under the warranty, if the physical defect is found before the lapse of two years (twelve months in case of printouts) from the date of release of the Product to the Customer. A claim for removal of defects or replacement of the Product with a defect-free one becomes time-barred after one year from the date of finding the defect, however, in case of an Order placed by a Consumer - the period of limitation cannot end before the expiry of the period referred to in the first sentence.
6.2 Claims related to provision of services electronically through the Internet Shop:
6.2.1 Claims related to the provision of services electronically through the Internet Shop should be submitted to the e-mail address firstname.lastname@example.org or by letter to the address of the shop: Adsystem sp. z o.o. ul. Atramentowa 11, Bielany Wrocławskie 55-040 Kobierzyce
In order to facilitate and accelerate the consideration of the complaint it is recommended to provide in the message specified in point. 1 such information as the e-mail address of the type, date of irregularity and contact details.
6.2.3 A claim related to the provision of electronic services shall be dealt with immediately, no later than within 14 working days.
6.2.4 A reply to the complaint shall be sent to the User's e-mail address or in any other way provided by the User.
6.2.5 Adsystem shall not be liable for defects resulting from unauthorised, unintended or improper use, intentional damage, negligence, abnormal environmental conditions, failure to follow Adsystem's instructions (oral or written), modifications, including in particular modifications to the assembly systems or repairs of the goods performed by third parties without Adsystem's consent.
§7 Withdrawal from the Purchase Agreement
7.1 The Customer, who is also a Consumer, who has entered into a remote agreement, can withdraw from it without giving reasons, making a statement within fourteen (14) days. In order to meet this deadline it is sufficient to send the declaration before its expiry. The declaration can be sent to the following address: ADSYSTEM sp. z o.o. ul. Atramentowa 11, Bielany Wrocławskie 55-040 Kobierzyce or by e-mail to the following address email@example.com
7.2 The fourteen-day period in which the Consumer may withdraw from the Sales Agreement or the agreement for the provision of services electronically, shall be counted from the date of delivery of the Product in the case of a Sales Agreement, and when the Agreement concerns the provision of services electronically - from the date of its conclusion.
7.3 The Seller shall immediately upon receipt of a statement of withdrawal send to the Consumer by email confirmation of receipt of the above statement.
7.4 In the case of withdrawal - Sales Agreement or Agreement for the provision of a Service electronically is considered as not concluded. What the Parties have provided shall be returned in an unchanged state, unless the change was necessary to determine the nature, characteristics and functioning of the thing, or paragraph 7.7 applies. The return should take place immediately, no later than within fourteen days.
7.5 The Seller shall return the payment received from the Consumer using the same method of payment used by the Consumer, unless the Consumer expressly agrees to a different method of return that does not involve any costs for him. The Seller may withhold the reimbursement of the payment received from the Consumer until it receives the item back or the Consumer provides evidence of having sent it back, whichever event occurs first.
7.6 The Consumer is obliged to immediately, no later than within 14 days from the date on which he withdrew from the Sales Agreement, return the Product to the Seller or transfer it to a person authorized by the Seller to receive it. In order to meet the deadline it is sufficient to return the Product before its expiry to the address: ADSYSTEM sp. z o.o. ul. Atramentowa 11, Bielany Wrocławskie 55-040 Kobierzyce. The Consumer will bear only the direct costs of returning the item to the Seller.
7.7 If the Consumer has chosen a method of delivery of the item other than the cheapest ordinary way of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer the additional costs incurred by him.
7.8 The Consumer shall be liable for any diminution in the value of the item resulting from the use of the item beyond what is necessary to ascertain the nature, characteristics and functioning of the item.
7.9 The right of withdrawal from the remote contract shall not be entitled to the Consumer in the cases indicated in the provisions of the Civil Code, in particular:
7.9.1. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who has been informed before the provision, that after the provision of services by the entrepreneur will lose the right to withdraw from the contract;
7.9.2. in which the subject matter of the supply is a non-prefabricated item produced to the Consumer's specification or serving to meet his individual needs;
7.9.3. in which the subject matter of the supply is a thing delivered in a sealed package that cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery;
7.9.4. in which the subject matter of the supply are things which after delivery, due to their nature, are inseparably connected with other things;
7.9.5. in which the consumer expressly requested the trader to come to him for the purpose of carrying out urgent repairs or maintenance; if the trader provides in addition other services than those requested by the consumer or supplies other items than replacement parts necessarily used in carrying out the repairs or maintenance, the right of withdrawal shall apply to the additional services or items;
7.9.6. for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal;
7.9.7. in which the subject matter of the service are things which, after opening the packaging, are not suitable for further resale, e.g. protective masks.
7.10. At the latest at the time of delivery of items the Seller shall provide the Consumer on a durable medium instructions on withdrawal from the contract.
§8.Provisions for Non-Consumer Customers
8.1 This paragraph applies only to the Clients who are not Consumers.
8.2 The Seller shall have the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 days from the date of its conclusion. Withdrawal from the Sales Agreement in this case can be made without giving any reason and does not create on the side of the Customer who is not a Consumer any claims against the Seller.
8.3 As far as the Clients who are not the Consumers are concerned, the Seller shall have the right to limit the available payment methods, including the requirement to make the payment in full or in part in advance and this regardless of the payment method chosen by the Client and the fact of concluding a Sales Agreement.
8.4 From the moment of handing over the Product by the Seller to the carrier, the benefits and burdens associated with the Product as well as the danger of accidental loss or damage to the Product will pass to the Customer who is not a Consumer. In this case, the Seller is not responsible for the loss, diminution or damage to the Product arising from its adoption for transportation until its release to the Customer and for the delay in transportation of the consignment.
8.5 In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a Consumer is excluded.
8.6 In the case of Customers who are not Consumers, the Seller may terminate the Service Agreement with immediate effect and without indicating the reasons by sending to the Customer an appropriate statement in any form.
8.7 Neither the Seller nor its employees, authorised representatives and agents shall be liable to the Customer, its subcontractors, employees, authorised representatives and/or agents for any damages, including loss of profit, unless the damage was caused by them intentionally.
8.8 In any case of establishing the liability of the Seller, its employees, authorised representatives and/or proxies, the liability in relation to the Customer who is not a Consumer, regardless of its legal basis, shall be limited - both under a single claim and for all claims in total - to the amount of the paid Price and delivery costs under the last Sales Agreement, but not more than one thousand PLN.
8.9 Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court competent for the seat of the Seller.
8.10. With reference to the Customers who are not Consumers, the Seller may amend the Terms and Conditions at any time on the basis of generally applicable law.
8.11. A natural person running one-man business activity, concluding a Sales Agreement of the Products with the Seller directly related to his/her business activity, if it results from the content of this Agreement that it does not have a professional character for this person resulting in particular from the subject of his/her business activity defined in CEIDG, this person has the right of warranty and the right to withdraw from the agreement under the same conditions as the Customers who are Consumers. In order to verify the possibility of exercising this right, a natural person running the aforementioned business activity is obliged to submit to the Seller, at the time of purchase, an appropriate declaration on the non-professional use of the purchased Products (not using the purchased Products for the professional purposes of this entrepreneur, which purposes are defined by PKD activity codes indicated in the entrepreneur's CEIDG). The declaration should be sent to the e-mail address: firstname.lastname@example.org and entered in the Notes under the Order being placed.
9.1 In order to avoid possible discrepancies or errors, it is recommended that the device with which the Customer uses the E-shop meets at least the following technical requirements, which are necessary for cooperation with the data communications system used by the Service Provider:
9.1.1. Computer or other mobile device with access to the Internet;
9.1.2. Internet browser: Mozilla Firefox 8.0 , Internet Explorer 6.0 , Chrome 32.0 or higher versions;
9.1.3. Active plug-ins: JAVA, FLASH;
9.1.4. monitor resolution 1280 x 800, colours 24 or 32 bit;
9.1.5 The user must have an e-mail account.
9.2 The content of the concluded Agreement shall be recorded, secured and made available:
9.2.1. by sending the confirmation of the concluded Contract to the Customer at the e-mail address provided.
9.2.2. By printing out and providing the Customer with the order specification and proof of purchase together with the receipt or shipment of goods.
The content of the concluded Contract is additionally recorded and secured in the Seller's IT system, and provided to the Customer on each of their requests.
9.3 In matters not covered by these Terms and Conditions shall be governed by the provisions of the laws in force in the Republic of Poland, including the Civil Code, the Act on declaration of services by electronic means of 18 July 2002. (Journal of Laws No. 144, item 1204 as amended); the Consumer Rights Act of 30 May 2014. (Journal of Laws of 2014, item 827) and other relevant provisions of Polish law.
9.4 Amendments to the Terms and Conditions:
9.4.1. the Seller/Service Provider reserves the right to make changes to these Terms and Conditions due to min. e.g. changes in the law, change in the profile of the E-Store, change in the data of the Seller/Service Provider, etc., of which the Customer will be notified at least 14 days in advance of the date on which the changes become effective. Information about the changes will also be clearly expressed by posting on the website of the Online Store and sent to the e-mail address of the registered Customer. In addition, the Customer will each time be asked to accept the new Terms and Conditions before placing an Order.
9.4.2 The amended Terms and Conditions are binding upon the Customer, if the requirements of art. 384 of the Civil Code have been met (i.e. the Customer has been correctly informed about the amendments) and the Customer has not terminated the agreement for continuous provision of electronic services within 30 days.
9.4.3 The amendments to the Regulations shall not in any way violate the rights acquired by Customers using the E-shop before the date of entry into force of the amendments, in particular they shall not affect Orders placed and/or executed. In this case, the Orders shall be executed according to the principles specified in the previous Regulations.
9.5 The contract of sale of goods is concluded in accordance with Polish law and in Polish.
9.6 In the case of a dispute with the Seller, the Customer who is a Consumer has the possibility to use the out-of-court ways of dealing with complaints and claims. The Consumer may, among other things: a) apply to the permanent arbitration court at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement. b) apply to a regional inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of a dispute between the Customer and the Seller. c) get free assistance in resolving a dispute between the Customer and the Seller, using free assistance of a district (city) Consumer Ombudsman or a social organization whose statutory tasks include protection of consumers (e.g. Federation of Consumers, Polish Consumer Association).
9.7 Any disputes arising between the Seller and a Customer who is not a Consumer within the meaning of Article 22 of the Civil Code of 23 April 1964 shall be submitted to the court competent for the seat of the Seller.