TERMS OF SERVICE

Terms of Service of RGB online store with effect from 10.2015

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 store is owned by RGB ELEKTRONIKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP. K.

Definitions:

Business days – all week days from Monday to Friday, excluding Saturdays 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 his business or professional activity;

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 Terms of Service;

Online transfer – payment made by the Customer from bank account through online payment systems; e.g.: FirstData, PayPall;

Bank transfer – payment made by the Customer through online or offline bank account or at Polish Post Office;

Store – internet 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 ul. Jana Długosza 2-6, bud. 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. 371709, NIP PL (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].

Art. 1 General terms of use of the Store

  • The Store is made available by the Seller through Internet. The prerequisite for using the Store is to have:
    • computer with internet access and browser installed;
    • browser version at least Internet Explorer 9 or Chrome 15 or FireFox 10 or Opera 11 or Safari 5 or higher, with CSS and JavaScript enabled;
    • 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 ul. Jana Długosza 2-6, bud. 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 30 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.
  • 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 ul. Jana Długosza 2-6, bud. 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 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 - 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.
  • Sale agreement may be concluded in Polish, English, German, or Russian language.
  • The Seller accepts orders from all over the world.
  • 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 PLN, EUR, USD.
    • do not include information on delivery price.
    • do not include information on possible custom duties,
  • Price in PLN 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. However, should the price be increased, the consumer has the right to withdraw from the agreement within 14 calendar days from the date he was notified about the increase. Nonetheless, the withdrawal notice shall be made in writing in order to be valid for the Store. 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). Due to the type of the item, the Store reserves the right to change the delivery time mentioned in Art. 5(1) hereof and shall inform the Customer about this fact through product card.
  • 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 in order to facilitate the complaint handling process. 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.
  • Selected goods are covered by guarantee.
  • Should the goods do not comply with the agreement, the Customer may, at his sole discretion, exercise his warranty or guarantee rights (provided by the Seller) directly at the guarantor.
  • 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
  • The Seller is held responsible before the Customer 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,
      • limitations in terms of use of the item and the right to dispose of them results from the decision or ruling of the competent authority.
  • 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 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 at e-mail address: [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) ul. Długosza 2-6, bud. 2, 51-162 Wrocław.
  • In order for the Store to handle the complaint, the Customer 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 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 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 Consumer Rights Act as of 30 May 2014 (Dz. U. [Journal of Laws] of 2014, item 827) The Consumer may withdraw from the agreement 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.
  • In the event of successful agreement withdrawal, the agreement is deemed invalid. The Consumer may return the purchased item no later than within 14 days. The item may be returned at the service address:
    RGB Elektronika Spółka z Ograniczoną Odpowiedzialnością Sp. K.
    ul. Długosza 2-6, 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 is covered by the Customer.
  • 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 or via postal money order upon priorly 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.

Art. 10 Waste electrical and electronic equipment

  • In accordance with Waste Electrical and Electronic Equipment Act (Dz. U. [Journal of Laws] No. 180, item 1495) The Customer who purchased electric or electronic equipment may hand in the old (and wasted) equipment of the same kind and in the same quantity to the Store where the item was initially purchased. Shop's Customers willing to do so may send their wasted equipment at the following address: RGB Elektronika Spółka z Ograniczoną Odpowiedzialnością Sp. K. (registered partnership), ul. Długosza 2-6, 51-162 Wrocław
  • Shipping costs shall be borne by the Customer.

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 Personal data

  • By placing order at the Store, the Customer provides consent to have his personal data stored at RGB database and processed for the purpose of agreement performance. Providing personal data is voluntary, though required in order to process the order by the Store. The Customer shall be liable for providing incorrect personal data.
  • Personal data are protected by Personal Data Protection Act of 29 August 1997 (i.e. Dz.U. [Journal of Laws] No. 101 of 2002 r., item 926 as amended) in a way preventing third persons from gaining access to them.
  • Upon Customer's additional consent, his personal data will be processed by the Store to inform the Customer about new goods, promotions and services available at the Store.
  • The Customers of the Store have an insight into their personal data, amending them and demanding their removal.
  • The Customer has the right to access the information whether and to what extent his personal data are processed as well as information on the purpose and the scope of his personal data processing.
  • The Customer may revoke his initial consent to have his personal data processed or to receive marketing information. In order to revoke any consents, the Customer shall contact the Seller by sending him e-mail at: [email protected].

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.
  • The Store uses cookies to follow the manner the website www.rgbautomatyka.pl is used.
  • 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 (Dz. U. No. 141 of 2002 item 1176, as amended) 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: 2015.
  • The Store reserves the right to change Terms of Service. Any amendments 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. 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.

SAMPLE AGREEMENT WITHDRAWAL

Date ...............................................

The Seller:
RGB ElektronikaSpółka 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:.................................................
Address: ..............................................................
E-mail address:.....................................................



Declaration

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)

X
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