The contract between the Buyer and the Seller can be made in two ways.
Before placing an order, the Buyer shall have the right to negotiate with the Seller any provision of the contract, including those amending the provisions of these Terms and Conditions. Negotiations shall be made in writing and sent to the address of the Seller: pro4IT, ul. Edyty Stein 3a, 42-700 Lubliniec, phone: 34 390 66 55.
If the Buyer decides not to enter into a contract through individual negotiations, these Terms and Conditions and applicable provisions of law shall be in force.
TERMS AND CONDITIONS
- Postal address: pro4IT, ul. Edyty Stein 3a, 42-700 Lubliniec, phone (shop)
- Address for complaints:
PRO4IT SPÓŁKA Z OGRANICZONA ODPOWIEDZIALNOSCIA SPÓŁKA KOMANDYTOWA
ul. BORKOWA 11 Zborowskie
- Delivery price list – specification of types and costs of delivery, available at https://pro4it.pl/Czas-i-koszty-dostawy.
- Contact details:
ul. Damrota 25
tel. 34 390 66 55
- Delivery – information on the type of transport service, deliverer and the costs mentioned in the delivery price list at https://pro4it.pl/Czas-i-koszty-dostawy.
- Proof of purchase – an invoice, bill or receipt issued in accordance with the Value Added Tax Act of 11 March 2004, as amended, and other applicable laws.
- Product sheet – a single subpage of the shop containing information about a specific product.
- Customer – an adult natural person with full legal capacity, a legal person, or a business unit without legal personality but with legal capacity, purchasing from the Seller the goods directly related to their business or professional activity..
- Civil Code – the Civil Code Act of 23 April 1964, as amended..
- Code of Good Practices – rules of conduct, and in particular ethical and professional standards, referred to in Art. 2(5) of the Act of 23 August 2007 on combating unfair commercial practices, as amended.
- Consumer – an adult natural person with full legal capacity purchasing from the Seller the goods not directly related to their business or professional activity.
- Shopping cart – a list of products chosen by the Buyer from among products offered by the shop.
- Buyer – the Consumer or the Customer..
- Place of delivery – a postal address or place of receipt indicated by the Buyer in the order..
- Date of delivery – the time when the Buyer or a designated third party receives the item.
- Payment – a method of payment for the subject of the contract and the delivery specified at https://pro4it.pl/pl/i/Formy-platnosci/10.
- Consumer Law – the Consumer Rights Act of 30 May 2014.
- Product – a minimum and indivisible set of items which may constitute an order and which is defined by the Seller as a unit of measure for determining its price (price/unit).
- Subject of the contract – products and delivery under the contract.
- Subject of the service – the subject of the contract.
- Place of receipt – a place of delivery which does not constitute a postal address and which is specified in the list issued by the Seller in the shop.
- Item – a movable good which is or may be the subject of the contract..
- Shop – the website available at pro4it.pl which may be used by the Buyer to place an order.
PRO4IT SPÓŁKA Z OGRANICZONA ODPOWIEDZIALNOSCIA SPÓŁKA KOMANDYTOWA
ul. BORKOWA 11 Zborowskie
REGON [National Official Business Register]: 362515241
NIP [VAT No.]: 5751888721
System – a set of cooperating IT hardware and software which ensures processing, storage, sending and receiving data via telecommunication networks by means of a data terminal equipment appropriate for a given type of network, commonly referred to as the Internet.
Completion date – the number of hours or working days specified on the product sheet.
Contract – an off-premises or distance contract within the meaning of the Consumer Rights Act of 30 May 2014, in the case of Consumers, or a sales contract within the meaning of Art. 535 of the Civil Code Act of 23 April 1964, in the case of Buyers.
Defect – a physical or legal defect.
Legal defect – a situation whereby the sold item is a property of a third party or is encumbered with third party rights, or the limitation of usage or disposal of the item
results from a decision or ruling of a competent authority. Physical defect – a discrepancy between the sold item and the contract, in particular covering the situations
whereby the item:
1. does not have properties which the item of this type should have due to its purpose specified in the contract, or resulting from the circumstances or destination;
2. does not have properties of the existence of which the Seller assured the Consumer,
3. is not suitable for the purpose of which the Consumer informed the Seller when entering into the contract and the Seller did not objected to such destination;
4. was issued incomplete to the Consumer;
5. was installed or started incorrectly, provided that these activities were performed by the Seller or a third party for which the Seller is responsible, or by the
Consumer who followed the instructions received from the Seller;
6. does not have properties guaranteed by the manufacturer, their representative, a person who places the item on the market under their business activity or a
person who, by affixing their name, trade mark or other distinguishing mark on the sold item, acts as the manufacturer, unless the Seller did not know and, on
the basis of reasonable premises, could not have known these guarantees, or the Consumer’s decision whether to enter into the contract could not have been
influenced by these guarantees, or the wording of the guarantees was rectified before entering into the contract.
Order – a declaration of will made by the Buyer through the shop, specifying unambiguously the following: type and quantity of products, type of delivery, method of
payment; place of delivery, Buyer’s data directly necessary for the purpose of entering into a contract between the Buyer and the Seller.
§2 General terms and conditions
- The contract shall be made in Polish, in accordance with the Polish law, and these Terms and Conditions..
- The place of delivery must be on the territory of the Republic of Poland.
- The Seller shall be obliged to provide services and deliver items free from defects..
- All prices indicated by the Seller shall be expressed in the Polish currency and shall be gross prices (include VAT). Prices of products shall not include the costs of delivery specified in the delivery price list.
- All time limits shall be calculated in accordance with Art. 111 of the Civil Code, i.e. the period counted in days shall end with the expiry of the last day, and if the beginning of the period counted in days falls on the day of a given event, this day shall not be included in the time limit calculation.
- The activities of confirming, making available, recording and securing all relevant provisions of the contract for the purpose of gaining access to them in the future shalltake the form of the following measures: The Seller shall provide information about the guarantees, of which they are aware, granted by third parties for products in the shop..
- the order shall be confirmed, which takes effect after sending the following information to the indicated e-mail address: order specification, pro forma invoice, information about the right to withdraw from the contract, these Terms and Conditions in pdf format, withdrawal form template in pdf format, links to download these Terms and Conditions, and withdrawal template;
- to the order, which is sent to the indicated place of delivery, the following information, in a printed form, shall be attached: proof of purchase, information about the right to withdraw from the contract, these Terms and Conditions, withdrawal form template.
- The Seller shall not charge any fees for contacting them by means of distance communication, and the Buyer shall bear the costs of such communication in the amount resulting from the agreement entered into with a third party which provides the Buyer with particular distance communication services.
- The Seller shall guarantee the Buyer, who is a user of the system, the proper operation of the shop in the following browsers: IE 7 or later, FireFox 3 or later, Opera 9 or later, Chrome 10 or later, Safari with the latest versions of Java and Flash, on screens with horizontal resolution above 1024 px. Third-party software that affects the operation and functionality of Internet Explorer, FireFox, Opera, Chrome and Safari may affect the correct display of the shop. Therefore, in order to obtain full functionality of Pro4IT.pl, it shall be necessary to switch it off..
- The Buyer can use the shop’s data storage option to facilitate the process of placing the next order. To this end, the Buyer shall provide login and password necessary to gain access to their account. Login and password are strings of characters specified by the Buyer. The Buyer shall be obliged to keep them secret and protect them against unauthorised access by third parties. The Buyer can, at any time, review, correct, update and delete their account in the shop.
- The Seller shall comply with the Code of Good Practice.
§3 Entering into a contract and contract execution
- Orders can be placed 24 hours a day.
- The contract with the Consumer is entered into on the date of placing an order. To place an order, the Buyer shall perform at least the following activities, some of which
may be repeated many times:
1. add the product to the shopping cart;
2. select the type of delivery;
3. select the payment method;
4. select the place of delivery;
5. place an order in the shop by pressing the button “I place the order and undertake to make the payment”.
- The Consumer’s order by cash on delivery shall be executed immediately, and the order paid by a bank transfer or via the electronic payment system shall be executed
after the Consumer’s payment has been credited to the Seller’s account, which shall take place within 30 days of the date of placing the order, unless the Consumer was
not able to fulfil the payment obligation through no fault of their own and informed the Seller about that fact.
- The contract with the Customer is entered into on the date of acceptance of the order by the Seller, of which the Seller shall inform the Customer within 48 hours of
placing the order.
- The Customer’s order by cash on delivery shall be executed immediately after the contract is made, and the order paid by a bank transfer or via the electronic payment
system shall be executed after the contract is made and the Consumer’s payment is credited to the Seller’s account.
- The execution of the Customer’s order may depend on the following: on whether the payment of the order price has been made in whole or in part, on whether a trade
credit in the minimum amount of the order price has been obtained, and on whether the Seller’s consent to send the order by cash on delivery (payment on delivery) has
- The subject of the contract shall be sent within the time limit specified on the product sheet, and for orders consisting of multiple products – within the longest term from
all terms specified on the corresponding product sheets. The time limit begins with the date of execution of the order.
- The purchased subject of the contract, along with the sales document specified by the Buyer, shall be sent by means of the type of delivery specified by the Buyer to the
place of delivery indicated by the Buyer in the order, along with the attached appendices referred to in § 2 section 6b.
§4 Right of withdrawal
- Pursuant to Art. 27 of the Consumer Law, the Consumer shall have the right to withdraw from the distance contract without giving any reason and without incurring costs, except for the costs referred to in Art. 33 and Art. 34 of the Consumer Law.
- The time limit for withdrawing from the distance contract is 14 days from the date of delivery. To meet this time limit, it shall be enough to send the statement of withdrawal before it expires.
- The Consumer may submit the statement of withdrawal, using the form whose template constitutes Appendix 2 to the Consumer Law or the form available at https://www.pro4it.pl/formularze/zwrot.pdf, or in any other manner consistent with the Consumer Law.
- The Seller shall immediately notify the Consumer by e-mail (e-mail address given at the time of entering into the contract and other e-mail address specified in the statement of withdrawal, if any) of receipt of the statement of withdrawal.
- In the event of withdrawal from the contract, the contract shall be deemed null and void.
- The Consumer shall be obliged to return the item to the Seller, immediately but not later than 14 days from the date on which the Consumer withdrew from the contract. To meet the time limit, it shall be enough to send the item back before it expires.
- The Consumer shall return the items, which constitute the subject of the contract from which the Consumer withdrew, at their own expense and risk.
- The Consumer shall not bear the costs of delivering digital content not recorded on a tangible medium if they have not given consent to the service provision before the expiry of the time limit for withdrawing from the contract or they have not been informed of the loss of their right of withdrawal at the time such consent is given, or the trader has not provided the confirmation, pursuant to Art. 15(1) and Art. 21(1) of the Consumer Law.
- The Consumer shall be liable for the reduction in the value of the item being the subject of the contract as a result of using the item in a way beyond what is necessary to
verify the nature, features and functioning of the item.
- The Seller, immediately, not later than within 14 days of the receipt of the Consumer’s statement of withdrawal, shall reimburse the Consumer all the payments made by the Consumer, including the costs of delivery of the item. However, if the Consumer chose a delivery method other than the cheapest ordinary delivery method offered by the Seller, the Seller shall not reimburse the Consumer additional costs, pursuant to Art. 33 of the Consumer Law.
- The Seller shall reimburse the payments using the same method of payment that was used by the Consumer, unless the Consumer has expressly agreed to a different reimbursement method which does not involve any costs on the part of the Consumer.
- The Seller may suspend the reimbursement of payment received from the Consumer until the receipt of the item or until the Consumer provides evidence that it has been sent back, whichever occurs first.
- Pursuant Art. 38 of the Consumer Law, the Consumer shall not have the right of withdrawal from the contract:
1. where the price or remuneration depends on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the
2. where the subject of the contract is a non-prefabricated product manufactured to the Consumer’s specifications or intended to meet individual needs of the
3. where the subject of the contract is a product which is liable to deteriorate or expire rapidly;
4. where the subject of the contract is a product that is supplied sealed and if unsealed is not suitable for return due to health protection or hygiene reasons;
5. where the subject of the contract are products which, according to their nature, are inseparably mixed with other items after delivery;
6. where the subject of the contract are sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
7. for the supply of digital content which is not supplied 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 Consumer has been notified by the trader that they lose their right to withdraw from the contract;
8. for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.
§5 Statutory warranty
1. Pursuant to Art. 558 § 1 of the Civil Code, the Seller shall completely exclude any liability towards Customers due to physical and legal defects (statutory warranty).
2. The Seller shall be liable to the Consumer for defects under the principles set out in Art. 556 of the Civil Code and the following articles (statutory warranty).
3. With respect to the contract with the Consumer, if the physical defect has been identified within one year of the date of delivery, it shall be deemed to have existed at the time when the risk passed to the Consumer.
4. If the sold item has a defect, the Consumer can:
a. make a demand for price reduction;
b. make a statement of withdrawal;
unless the Seller, immediately and without undue inconvenience to the Consumer, replaces the defective item with an item free from defects or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled its obligation to replace the item with an item free from defects or remove the defect, they shall not be entitled to replace the item or remove the defect.
5. The Consumer shall have the right to demand for having the item replaced with an item free from defects rather than having the defect removed, as proposed by the Seller, or for having the defect removed rather than having the item replaced with an item free from defects, unless bringing the item into line with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the manner proposed by the Seller, whereby the factors that shall be taken into account when assessing the excessiveness of costs are as follows: value of the item free from defects, the type and significance of the identified defect and inconveniences to the Consumer if the request is fulfilled another way.
6. the Consumer may not withdraw from the contract if the defect is negligible.
7. If the sold item has a defect, the Consumer can also:
a. demand that the item be replaced with an item free from defects;
b. demand that the defect be removed.
8. The Seller shall be obliged to replace the defective item with an item free from defects or remove the defect within a reasonable time and without undue inconvenience to the Consumer.
9. The Seller may refuse to meet the Consumer’s demand if bringing the defective item into line with the contract in the manner chosen by the Buyer is impossible or would require excessive costs compared to the other possible manner.
10. If the defective item required prior installation, the Consumer may demand that the Seller remove and reinstall the item after the item is replaced with an item free from defects or the defect is removed, whereby the Consumer shall be obliged to bear part of the related costs in excess of the price of the sold item or may demand that the Seller bear the costs of removal and reinstallation up to the amount of the sold item price. In the event that the Seller fails to meet their obligation to remove and reinstall the item, the Consumer shall be entitled to perform these operations at the expense and risk of the Seller.
11. The Consumer who exercises their rights arising from statutory warranty shall be obliged to deliver the defective item at the expense of the Seller to the address for complaints. If, due to the type of the item or the way it is installed, the item delivery would be excessively difficult for the Consumer, the Consumer shall be obliged to make the item available to the Seller at the place where the item is located. In the event that the Seller fails to meet their obligation in connection with statutory warranty, the Consumer shall be entitled to send back the item at the expense and risk of the Seller.
12. The costs of replacement or repair shall be borne by the Seller, except for the situation set out in § 5 section 10.
13. If the item is to be replaced with an item free from defects or the Consumer has withdrawn from the contract, the Seller shall be obliged to accept the defective item from the Consumer.
14. Within fourteen days, the Seller shall take a stance on the following:
a. demand for price reduction;
b. statement of withdrawal;
c. demand that the item be replaced with an item free from defects;
d. demand that the defect be removed.
Otherwise, the statements or demands of the Consumer shall be deemed as considered justified by the Seller.
15. The Seller shall be liable under statutory warranty if a physical defect has been identified within two years from the date of delivery or, if the sold item is classified as a used item, within one year from the date of delivery.
16. TIn the event that the item shelf life specified by the Seller or the manufacturer ends after two years from the date of delivery, the Seller shall be liable under statutory warranty for physical defects of the item found during this period.
17. In the event that the item shelf life specified by the Seller or the manufacturer ends after two years from the date of delivery, the Seller shall be liable under statutory warranty for physical defects of the item found during this period.
18. The Consumer may submit a statement of withdrawal or a demand for price reduction due to a physical defect in the sold item within the time limits set out in § 5 sections 15–17. If the Consumer demanded that the item be replaced with an item free from defects or that the defect be removed, the time limit for submitting a statement of withdrawal or a demand for price reduction takes effect as of the date of ineffective expiry of the time limit for item replacement or defect removal
19. In the event that one of the rights under the statutory warranty is asserted in the proceedings before the court or arbitration court, the time limit for exercising other warranty rights vested in the Consumer shall be suspended until the proceedings are finally terminated. This shall also apply accordingly to mediation proceedings, whereby the time limit for exercising other warranty rights vested in the Consumer takes effect as of the date of the court’s refusal to approve the settlement made with the participation of a mediator or unsuccessful completion of mediation.
20. With respect to exercising the rights under the warranty for legal defects of the sold item, § 5 (15–16) shall apply, whereby the time limit begins as of the date on which the Consumer became aware of the existence of the defect or, if the Consumer became aware of the existence of the defect only as a result of the action brought by a third party, as of the date on which the decision given in a dispute with a third party became legally binding..
21. If, due to the defect in the item, the Consumer has submitted a statement of withdrawal or a demand for price reduction, the Consumer may claim compensation for the damage resulting from the fact that the Consumer entered into the contract without knowing about the existence of the defect, even if the damage is a consequence of circumstances for which the Seller is not liable. In particular, the Consumer may claim the following: reimbursement of the costs of entering into the contract; reimbursement of the costs of collection, transport, storage and insurance of the item; reimbursement of outlays to the extent as the Consumer has not benefitted from them and has not received reimbursement from a third party; reimbursement of legal costs. The above is without prejudice to the obligation to make good damage based on general rules..
22. The expiry of any time limit for discovering a defect shall not exclude the possibility of exercising warranty rights, provided that the Seller insidiously concealed the defect..
23. oIf the Seller is obliged to provide benefit or financial benefit to the Consumer, the Seller shall perform such obligation without undue delay, not later than within the time limit stipulated by the law.
§6 Personal data
1. By completing the order form, the Buyer intending to open an account/place an order gives their consent to the collection and processing of their personal data by the Seller in accordance with the requirements of commonly applicable laws, in particular in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (hereinafter GDPR). The personal data entered in the order form are provided solely for the purpose of performing the contract for the use of the shop, and for the purpose of entering into and performing the contracts for the sale of goods based on the orders placed by the Buyer through the shop.
2. The Buyer may also give consent to the processing of their personal data provided in the registration form by the Seller for the purpose of subscribing to the newsletter, receiving marketing/commercial information and profiling via electronic communication means.
4. Providing personal data in the order form is voluntary. Failure to provide personal data in the fields marked with an asterisk in the order form will preclude setting up an account/placing an order and thus prevent the use of the Shop.
§7 Final provisions
1. None of the provisions of these terms and conditions is intended to infringe the rights of the Buyer. Furthermore, none of the provisions can be interpreted in that manner as in the case of any discrepancy between any part of these Terms and Conditions and the law in force, the Seller declares absolute compliance with and enforcement of this law in place of the contested provision of these Terms and Conditions.
2. The notification on the type and extent of changes in these Terms and Conditions shall be sent to registered Buyers by electronic means (on e-mail address indicated during registration or order placement). The notification shall be sent at least 30 days before the new terms and conditions come into effect. Changes will be made to adapt the terms and conditions to the current legal status.
3. The current version of the terms and conditions shall be always available to the Buyer in the “Terms and Conditions“ tab at https://www.pro4it.pl/regulamin. During the execution of the order and throughout the entire after-sales service, the Buyer shall be bound by the terms and conditions accepted at the time of placing the order, except if the Consumer deems them less beneficial than the currently binding terms and conditions and informs the Seller that they wish to treat the currently binding terms and conditions as the valid ones.
4. The relevant legal provisions in force shall apply to all matters not governed by these Terms and Conditions. If agreed by the Consumer, disputes are settled by means of mediation proceedings before the Provincial Inspectorates of Trade Inspection or proceedings before the arbitration court at the Provincial Inspectorate of Trade Inspection, or through equivalent and lawful methods of pre-trial or out-of-court dispute settlement indicated by the Consumer. Otherwise, the dispute shall be settled by a court of local and factual jurisdiction.
Version 12.6, Lubliniec, 24 May 2018