TERMS OF SERVICE
Terms of Service of RGB online store with effect from 25.11.2019
This Terms of Service define the general terms, rules, and sale service through online store at www.rgbautomatyka.pl by RGB Elektronika Spółka z ograniczoną odpowiedzialnością Sp. K. (registered partnership) having its registered office in Wrocław, including order terms of the goods available at the Store, terms of their delivery to the Customer, manner and date of their payment, entitlements related to the withdrawal from the agreement as well as procedures for lodging complaints.
Moreover, Terms of Service define terms and conditions of offering by RGB Elektronika Spółka z ograniczoną odpowiedzialnością Sp. k. (registered partnership) having its registered office in Wrocław online services free of charge - i.e. operating the Account.
The RGB Automatyka online store is owned by RGB Elektronika Spółka z ograniczoną odpowiedzialnością Spółka komandytowa located in Wrocław.
Business days – all week days, excluding Saturdays, Sundays and public holidays;
Order processing time – period in which the Store hands the order to the carrier handling the delivery in compliance with the delivery form chosen by the Customer;
Customer – natural person, legal person, or other organisational unit with legal capacity, having Customer Account or entering into an agreement with the Seller through the Store;
Consumer – Customer being natural person entering into an agreement with the Seller through the Store not related directly to their business or professional activity;
Product description – information assigned to every product offered on the website of the Store concerning the availability of the product in the Store, order processing time, delivery costs and warranty time.
Customer Account – Customer's individual administration panel created through registration, intended to processing placed orders, checking order history, details concerning order payments and overpayments;
Terms of Service – this document;
Online transfer – payment made by the Customer from bank account through online payment systems; e.g.: PayU, PayPal;
Bank transfer – payment made by the Customer through online or offline bank account
Store – online store at www.rgbautomatyka.pl, offering goods for sale via Internet;
Seller – RGB Elektronika Spółka z Ograniczoną Odpowiedzialnością Sp. K. (registered partnership) having its registered office in Wrocław at Jan Długosz 2-6 street, bldg. 2, 51-162 Wrocław, entered into the register of entrepreneurs by the District Court for Wrocław Fabryczna in Wrocław, 8th Commercial Division of the National Court Register under no. 0000750271, NIP (tax identification number) no.: 8951985034. Phone no.: +48 71 3251505 (standard connection charge – please check with your operator for rates), e-mail address: [email protected]tomatyka.pl.
- The Store is made available by the Seller through the Internet. Necessary technical requirements allowing the use:
- computer with internet access and browser installed;
- cookies enabled;
- valid e-mail address.
- The Customer is obliged to use the Store in accordance with its intended purpose and refrain from any actions which might impair proper functioning of the Store, and such actions are including but not limited to:
- interference in the use of the Store by other persons, including preventing other Customers from using the Store,
- interference in the content of the Store.
- The Seller makes continuous efforts to ensure proper functioning of the Store. Should the Customer notice any errors in Store functioning or technical issues related to the Store use, he may inform the Seller about this fact by calling him via phone no. +48 71 3251505 or through e-mail address [email protected]. and the Seller shall immediately take proper actions to restore proper functioning of the online Store.
- In order to carry out maintenance or update the goods database or other information intended for Customers, the Seller may temporarily disable the access to the Store.
ART. 2 CUSTOMER ACCOUNT. REGISTRATION
- Customer Account registration is free of charge.
- In order to create Customer Account, the Customer shall enter his valid e-mail address he wants to use around the Store as well as password at the Store website: http://www.rgbautomatyka.pl/pl/customer/account/login
- Having finished the actions set forth in Art. 2(2) hereof, the Customer is required to click 'create an account' button.
- As at clicking the button set forth in Art 2(3) ('create an account') hereof, the agreement on providing online service of operating Customer Account is concluded and the Customer gains the access to the Customer Account and may now change the details he had provided at the registration.
- The Customer is obliged to minimise the risk related to obtaining and modifying Customer's details by unauthorised parties specifically by using antivirus software and keeping the password to Customer Account secret.
- Within the obligations resulting from generally applicable law, the Customer shall be held responsible for any actions related to the use of e-mail address and password to the Customer Account.
- The Customer may terminate the agreement on providing online service of operating Customer Account at any time without indicating reasons, by sending proper declaration via e-mail: [email protected] or via post, at service address: RGB Elektronika Spółka z Ograniczoną Odpowiedzialnością Sp. K. (registered partnership) having its registered office in Wrocław at Jan Długosz 2-6 street, bldg. 2, 51-162 Wrocław. In such case the agreement is terminated after 7 days from the date when the declaration of intent concerning the termination of the agreement has been issued, unless the Customer and Seller agree on shorter notice period.
- The Seller may terminate the agreement on providing online service of operating Customer Account with proper 7 day period of notice for material reasons such as:
- material breach of Terms of Service by the Customer,
- permanent cessation of online services by the Seller justified by objective reasons.
- The Seller may use the right referred to in Art 2(9)(a) if he previously requested the Customer to refrain and desist from breaches.
- If the violations of the terms of service by the Customer have a flagrant nature, the Seller can terminate the agreement on providing online services of operating Customer Account with immediate effect and without the need to demand the Customer to stop the violations. Considered as such flagrant violations of the Terms of Service are:
- Providing false or misleading information in regards to the Customer Account or orders placed on the Store
- Violation of the existing laws including laws concerning the protection of third party laws by the Customer in regards to the Customer Account or orders placed on the store
- Planting illegal software that use the resources of the Customer Account by the Customer for the use of other services not supported by the Seller
- Taking actions by the Customer that endanger the integrity of the hardware and software resources of the Store
- Persistent disruption or prevention by the Customer of the use of the Store by other Customers of the Store
- The Customer may submit his reservations regarding Seller's termination in a form of a proper statement via e-mail: [email protected] or via post, at service address: RGB Elektronika Spółka z Ograniczoną Odpowiedzialnością Sp. K. (registered partnership) having its registered office in Wrocław at Jan Długosz 2-6 street, bldg. 2, 51-162 Wrocław. Complaints regarding Customer Account operation may be submitted at the e-mail address: [email protected].
ART. 3 RECEIVING AND PROCESSING ORDERS
- The Store for the most part offers automation equipment as well as industrial electronics devices for sale.
- Information on goods at the Store are posted at: www.rgbautomatyka.pl
- The Customer may place orders in two manners:
- through his Customer Account,
- without creating Customer Account.
- Regardless of the manner of placing the order, a valid e-mail address is required for making a purchase at the Store.
- Customer may place orders at the Store via Internet 24/7.
- In order to place Order at the Store via Internet:
- enter the Store website;
- select the item being the subject of the order and click 'select' button and then add it to the 'cart';
- go to the cart https://www.rgbautomatyka.pl/pl/checkout/cart/) and choose the quantity of the selected item;
- click 'to the cash desk' and go to the order form. Enter your details and delivery address in the order form. The Customer may also agree to have his personal data processed for marketing purposes as well as agree to have Customer Account created;
- choose delivery method;
- choose payment method;
- check the correctness of details as well as the total payment for the order;
- Read Terms of Service and select 'I accept the Terms of Service';
- To make the order processing possible, authorise us to process your personal data in accordance with Personal Protection Act;
- click 'I place an order and oblige to pay'
- pay in accordance with the selected payment method – PayU/PayPal/transfer/prompt payment
- By submitting his order to the Store, the Customer offers the Store a sale agreement for the ordered items. The offer is valid within 14 calendar days from the day of its submission.
- Order acceptance confirmation sent by the Seller on the e-mail address provided by the Customer is a statement of offer acceptance, which means the sale agreement has been concluded. Should the Seller fail to send order confirmation within the period set forth in Art. 3(7) hereof, the offer expires.
- The Seller accepts orders from all over the world. The website under which the Store is operating allows the Customer to place the order for the products available in the Store in Polish, English (British and American), German, French, Italian or Spanish.
- Should the order completion prove impossible partly or in whole, the Seller shall immediately notify the Customer about this fact and offer him:
- cancellation of the entire order (in such case the Customer exempts the Seller from order completion obligation; and if the order payment has already been made, the Seller shall immediately refund the payment by the same manner it has been paid unless the Customer clearly agreed on other, free of charge, manner of refund or agreed to cover the cost of refund in case it involves costs.);
- cancellation of order in part, in which its completion is impossible (in such case the Customer exempts the Seller from order completion obligation to the extent in which it is impossible to meet); and if the order payment has already been made, the Seller shall immediately refund the payment by the same manner it has been paid (unless the Customer clearly agreed on other, free of charge, manner of refund or agreed to cover the cost of refund in case it involves costs) reduced by the price of the items which remained in the order and the price of their delivery.
- Sales and promotions embrace limited number of goods. Orders are processed in order in which the accepted orders are submitted, until the stock in the Store warehouse covered by this sale form is exhausted.
ART. 4 PRICES OF THE GOODS
- All prices of the goods placed on the Store website:
- show both net and gross (incl. VAT) amount,
- are given in Polish złoty, euro, US dollar and pound sterling
- do not include information on delivery price.
- do not include information on possible custom duties,
- Price placed next to each item is binding at the time when the order is made.
- The Store reserves the right to change prices, carry out and cancel sales and promotions or to change them. The above-mentioned right does not refer to the prices of the orders made before the prices, sale or promotion terms were changed.
- Promotions at the Store cannot be combined unless the Terms of Service does not stipulate otherwise.
- Delivery costs are covered by the Customer. Goods delivery is completed in compliance with form the selected by the Customer. Information on the delivery costs is available at the Store website.
ART. 5 DELIVERY TIME
- The goods shall be sent to the Customer no later than within 1 business day from the day the order processing commenced in accordance with Art. 6(2) hereof (order processing time), unless the order concerns the product that is not available in the stock of the Store at the moment of placing the order. In such case the Store will inform the Customer about the order processing time electronically to the e-mail address provided by the Customer. The Store reserves however that depending on the type of the ordered product, the Product description may present different order processing time than in the first sentence of this paragraph.
- The order may be delivered, at Customer's discretion:
- by courier service,
- collection in person by the Customer.
- When collecting the order, the Customer may check its condition. Should he notice any damages or package defects, he shall, in courier's presence, draw up a protocol and immediately, i.e. no later than the next business day, inform the Store about this fact by sending information via e-mail address at: [email protected]. The Customer shall send the shipping damage report to the Store along with the complaint within one business day from the date of its receipt. The Customer may also refuse to collect the damaged package.
- The day of sending the goods to the Customer shall be the day of whole or partly order completion.
ART. 6 PAYMENT METHOD. ORDER PROCESSING COMMENCEMENT
- The Customer may select the following payment methods as a payment for his order (with delivery on Polish territory):
- cash on delivery,
- bank/wire transfer
- The order processing commences when:
- the payment is made by payment card - no later than within one business day after the Store receives confirmation of payer's successful payment operation,
- the payment is made by bank/wire transfer - no later than within one business day after registering the payment on Store's bank account,
- the order is collected in person - no later than within one business day after sending the Customer order acceptance confirmation in accordance with Art. 3(8) hereof.
- The Customer cannot pay one part of the price in advance and the other one upon personal collection. The selected payment method concerns entire order.
- The Customer may also gain detailed information on different payment methods at the time of placing the order.
ART. 7 COMPLAINTS
- The Seller is obliged to provide the Customer with the order free of faults, subject to Art. 6(6) of this paragraph.
- All the products offered by the Seller are under warranty, unless the Product description available on the website of the Store indicates differently. The procedure of submitting complaint as part of the warranty is described on the website of the Seller under the link: https://www.rgbautomatyka.pl/pl/warranty-and-return/warranty-and-service/
- Should the goods do not comply with the agreement, the Customer being the Consumer may, at his sole discretion, exercise his warranty or guarantee rights (provided by the Seller) directly at the guarantor resulting from the warranty. The rights of the Customer being the Consumer resulting from the warranty are also on the Complaints and Returns page available on the website of the Seller under this link: https://www.rgbautomatyka.pl/pl/warranty-and-return/compliant-procedure/
- In accordance with Art. 558 of the Civil Code. The Seller disclaims any warranty - does not apply to consumers. The procedure for submitting complaints on the basis of the guarantee has been described at Store's website: www.rgbautomatyka.pl in regards to the Customers that are not Consumers
- The Seller is held responsible before the Customer being the Consumer due to the warranty for sold item's physical and legal defects. Nevertheless:
- physical fault should be understood as item's non-compliance with the Sale agreement provisions, especially when the item:
- has no properties the item of this type should have due to the purpose defined in the sale agreement or resulting from circumstances or its purpose,
- has no properties which the Seller assured the Customer it would have,
- was issued to the Customer in incomplete state
- legal defect shall be understood as item's non-compliance with sale agreement, especially if the item:
- is the property of a third party,
- is encumbered with the right of a third party,
- Item's fault or defect the Customer was informed about before making the purchase and yet agreed on shipment of the item is not a physical defect.
- Should the Customer being the Consumer notice item's non-compliance with the sale agreement, he can lodge a complaint at the Store. The complaint may be submitted: in person, via phone, by registered letter or via e-mail: [email protected]. The Customer is entitled to complain right for 2 (two) years from the date of item's receipt.
In the case of the complaint, the Customer may send the item via standard postal packet at Store's address for service: RGB Elektronika Spółka z Ograniczoną Odpowiedzialnością Sp. K. (registered partnership) Jan Długosz 2-6 street, bldg. 2, 51-162 Wrocław.
- In order for the Store to handle the complaint, the Customer being the Consumer should send the item being complained about along with a proof of purchasing it at the Seller (it may be a receipt, invoice, specific Order payment proof).
- The Complaint should include at least name, surname and e-mail address of the Customer used at order placement, description of the item being complained about as well as details concerning Customer's reservations along with Customer's demand resulting from the complaint. Written complaint should include also Customer's mailing address. Should the above-mentioned details be non-available, the Seller might ask the Customer to provide them.
- Due to the complaint, the Customer being the Consumer may demand:
- to have the item repaired;
- to have the item exchanged for a free from defects one;
- price reduction;
- withdrawal from agreement - as long as it is material defect.
- The Customer may lodge a complaint within a year from the date of noticing the defect. The deadline for lodging a complaint expires after Seller's two-year liability for the item.
- Within 14 days, the Seller shall handle the complaint and notify the Customer about further actions.
- The Seller shall not be liable for item's physical defect occurred due to the improper installation/set-up of the item, in the case when those actions were not performed by the Seller or when the Customer performed them without complying to the manual he received from the Seller.
- Should the complaint be accepted, the Seller shall refund Customer's costs of mailing the complained about item back as well as cover the costs of resending the item back to the Customer. Reimbursement shall be made in accordance with Art. 9 hereof.
ART. 8 WITHDRAWAL FROM THE AGREEMENT
- According to the art. 27 of the Act as of 30 May 2014 concerning the consumer rights, The Customer being the Consumer may withdraw from the agreement of sales made with the Seller without giving any reasons within 14 days from the date of package receipt. The withdrawal declaration has to be sent before this deadline (e.g. a notice sent by post or e-mail). Sample withdrawal declaration for the Consumer is located at the end of the Terms of Service and may be used by the Consumer. The rights of the Customer being the Consumer resulting from their right to withdraw from the contract are also presented in the Complaints and Returns page available on the website of the Seller under the link: https://www.rgbautomatyka.pl/pl/warranty-and-return/compliant-procedure/
- In the event of successful agreement withdrawal, the agreement is deemed invalid. The item may be returned at the service address:
RGB Elektronika Spółka Sp. K.
Jan Długosz 2-6 street, 51-162 Wrocław.
- The right to withdraw from the agreement is not applicable to the Consumer in relation to the following agreements:
- contract for services, when the entrepreneur performed full service with prior express consent of the Consumer who had been notified that service performance is related to losing the right to withdraw from the agreement;
- concerning Customer-tailored non-prefabricated item intended to satisfy his individual needs.
- concerning items which, after delivery, owing to their properties, are inseparably attached with other items;
- concerning software, audio or visual records delivered in sealed packaging opened after delivery;
- concluded by public auction;
- of the supply of digital content not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent before the withdrawal deadline expired and after he had been informed by the entrepreneur about losing the right to withdraw from the agreement.
- The cost of sending the item back in the case of withdrawal by the Consumer from the sales contract according to the point 1 above is covered by the Consumer with the exception of point 7 above.
- The Consumer is liable for the custody over the item until it is returned.
- The Consumer is liable for decreasing item's value due to its handling exceeding the necessary handling to establish the nature, features and functioning of the item.
- The Seller is obliged to return all payments to the Customer, including item's cost and delivery costs (excluding additional costs resulting from delivery manner selected by the Customer, other than the cheapest delivery manner offered by the Seller). Reimbursement shall be made in accordance with Art. 9 hereof.
- The Seller shall refund the payment mentioned in Art. 8(7) hereof no later than within 14 days from the day of receiving notice on Customer's withdrawal from the agreement. In the event the Seller does not suggest collecting the item from the Consumer, the Seller may, however, refrain from reimbursement until he receives the item or until the Consumer provides him with shipment proof - whichever occurs first.
ART. 9 REIMBURSEMENT
- The Store carries out the reimbursement by the same payment method as was used by the Consumer, unless the Consumer clearly agreed on other, free of charge method.
- Should the Customer pay by bank or wire transfer, the reimbursement is made onto the bank account from which the payment was initially made.
- Should the Customer paid by cash on delivery, the Seller makes refund onto Customer's bank account order upon prior agreed reimbursement method and requesting the Customer to provide details required for bank transfer.
- The Seller shall not be held liable for lack of refund or refund delay if, despite receiving a request mentioned in Art. 9(3) hereof on the e-mail address he had provided, the Customer failed to provide the Seller with required details or when the reply on the request is incomplete or prevents the successful refund to be made. The Seller shall not be liable also for the lack of refund or delayed refund due to incorrect transfer or postal details provided by the Customers. In such case, reimbursement will be carried out as soon as the Seller receives the above-mentioned details from the Consumer.
- If the Consumer chose the way of delivering the returned product other than the cheapest normal way of delivering offered by the Seller, the Seller is not obliged to return the Consumer the additional costs incurred by them.
ART. 10 WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT
- In accordance with art. 37 of the Act as of September 11, 2015 concerning the used electrical and electronic equipment by delivering the Customer the equipment (designed for households, is obliged to gratuitous collection of the used equipment originating from households at the place of the equipment delivery if it is used) the equipment is of the same kind and serves the same function as the delivered equipment.
- The Seller is obliged for gratuitous acceptance of the equipment in the place of conducting stationary retail sales of the used equipment originating from households which none of the external dimensions exceeds 25 cm, without the need to purchase by the Customer of the new equipment designed for households
ART. 11 LIABILITY
- The Seller shall be liable for failure to perform or improper performance of the agreement, however, if the agreement is concluded with non-consumer Customers, the Seller shall be liable only for deliberate damage and to the extent of actual losses incurred by non-consumer Customer.
- The Seller shall not be liable for impossibility or hindrances in the Store use stemming from issues attributable to the Customer, including but not limited to losing the password by the Customer or third persons coming into possession of such password by whichever means. The Seller shall be liable though, if the Customer lost his password or third person came into possession of such password due to reasons attributable to the Seller, or reasons the Seller is responsible for.
ART. 12 PRIVACY AND PERSONAL DETAILS
ART. 13 MISCELLANEOUS
- The sale agreement is concluded by the Customer and RGB Elektronika Spółka z Ograniczoną Odpowiedzialnością Sp. K. (registered partnership).
- The goods presented at Store's websites do not constitute an offer pursuant to the Civil Code. Information on the goods placed at the websites does not mean the goods are available at Store's warehouse.
- In the matters nor regulated herein, the provisions of Polish law shall apply, in particular the provisions of Polish Civil Code, Act on specific terms and conditions of consumer sale, as well as amendments to the Civil Code concerning purchases made until 24.12.2014, and Consumer Rights Act of 30.05.2014 concerning purchases made from 25.12.2014.
- In the event of any disputes with Consumer being a Party thereof, the Consumer has the right to out-of-court complaint handling and claiming damages. The Consumer may in particular:
- request mediation from Mediation Centre at the Court of Arbitration at the Polish Chamber of Commerce in Warsaw in compliance with the rules of this Centre. The above does not constitute a mediation agreement nor Seller's permission to mediation the Customer had requested. The rules of Mediation Centre at the Court of Arbitration at the Polish Chamber of Commerce in Warsaw are available at www.sakig.pl/pl/mediacje/regulamin.
- receive free assistance in the event of the dispute between the Customer and the Seller by the means of free help of district (city) Consumer Ombudsman or social organisations responsible for consumer's protection.
- In the event of any disputes with non-consumer Customer being a Party thereof, the competent Court shall be Seller's registered office.
- This Terms of Service come into effect as of: 20.11.2019.
- The Store reserves the right to change present Terms of Service due to important reasons including:
- Changes in the law
- Organisational reasons, especially:
- Changes in the scope of the activity by the Seller in the form of changing its profile, changes in the product assortment, introducing new services or improvements (including those connected with entering and withdrawing from contracts)
- Changes in the address data, name of legal form of the Seller
- Changes in the payment methods
- Changes in the way of delivering the products
- Other technical changes linked with the way the Store is functioning
- Any amendments to the Terms of Service hereto shall come into effect in the time determined by the Seller, being no less than 7 days from the day of placing them at: www.rgbautomatyka.pl and informing the Customers owning the Customer Account about the introduced changes via e-mail address provided by them. Any orders made before the amendments hereto came into effect shall be processed on the basis of the provisions applicable at the day the order was made. The Customers being the Consumers in the time of 14 days since receiving the notification about the changes in the Terms of Service have the possibility to terminate the contract for providing the services of operating the Customer Account via e-mail.
SAMPLE AGREEMENT WITHDRAWAL
RGB Elektronika Spółka z Ograniczoną Odpowiedzialnością Sp. K. ul. Długosza 2-6,51- 162 Wrocław
NIP (tax identification number): 8951985034
e-mail: [email protected]
The Buyer (consumer):
Name and surname:.................................................
I/We hereby inform about my/our withdrawal from sale agreement concerning the following goods: ............................................................................................... (enter Item name).
The Sale agreement has been concluded on ........................... (enter the date when the agreement has been concluded).
The item has been collected on ................................... (enter the date when the Item was collected).
................................ Signature of the
Consumer/Consumers (only when the declaration was sent in written form)