Regulamin
Regulations of the online store proton-polska.pl from 13.02.2020
I. Definitions
- The terms used in the Regulations mean:
- 1.1 Client – a natural person, a legal person, or an organizational unit that is not a legal person, which is granted legal capacity by specific laws and places an Order within the Store;
- 1.2 Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
- 1.3 Regulations – these Regulations for the provision of electronic services within the online store proton-polska.pl;
- 1.4 Online Store (Store) – the online service available at www.proton-polska.pl, through which the Client can, in particular, place orders;
- 1.5 Goods – products presented in the Online Store;
- 1.6 Sales Agreement – a sales contract for Goods as defined by the Civil Code, concluded between Proton Polska - Agregaty Prądotwórcze, Zbigniew Pertkiewicz, and the Client, concluded using the Store’s online service;
- 1.7 Consumer Rights Act – the Act of May 30, 2014 (Journal of Laws 2014, item 827);
- 1.8 Act on Electronic Services – the Act of July 18, 2002, on electronic services (Journal of Laws No. 144, item 1204, as amended);
- 1.9 Order – a declaration of the Client’s will, aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of goods;
II. General Provisions
- 2.1 These Regulations define the rules for using the online store available at www.proton-polska.pl;
- 2.2 These Regulations are the regulations referred to in Article 8 of the Act on Electronic Services;
- 2.3 The online store available at www.proton-polska.pl is run by Proton Polska - Agregaty Prądotwórcze, Zbigniew Pertkiewicz, NIP 8271065866, REGON 100427936
Contact address details:
Proton Polska - Agregaty Prądotwórcze, Zbigniew Pertkiewicz,
ul. Olendry Małe 28
98-200 Sieradz
NIP: PL8271065866
REGON: 100427936
Questions regarding orders can be directed to contact@proton-polska.pl or via mobile: 785 455 974 (charges according to the operator's price list).
Questions about exchanges, returns, and complaints can be directed to contact@proton-polska.pl or via mobile: 785 455 974 (charges according to the operator's price list). - 2.4 These regulations define in particular:
- a. the rules for registration and use of an account within the online store;
- b. conditions and rules for placing Orders via electronic means within the online store;
- 2.5 Use of the online store is possible provided that the IT system used by the Client meets the following minimum technical requirements:
- a. optional internet browsers: Internet Explorer, Firefox, Mozilla, Google Chrome, Opera, Safari.
- b. minimum screen resolution of 1024x768
- c. JavaScript enabled
- 2.6 To use the online store, the Client should obtain access to a computer station or a terminal device with internet access on their own;
- 2.7 According to applicable law, Proton Polska - Agregaty Prądotwórcze, Zbigniew Pertkiewicz, reserves the right to limit the provision of services via the Online Store to persons under 18 years old. In such cases, potential Clients will be notified of this;
- 2.8 Clients can access these Regulations at any time through the link provided on the homepage of www.proton-polska.pl and download and print them;
- 2.9 The information about goods provided on the Store’s websites, especially their descriptions, technical and performance parameters, and prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code;
III. Rules for Using the Online Store
- 3.1 The condition for starting to use the Online Store is registration within its framework;
- 3.2 Registration is done by filling out and accepting the registration form available on one of the Store's pages;
- 3.3 A condition of registration is accepting the Regulations and providing the personal data marked with an asterisk as mandatory;
- 3.4 The administrator of the Store's customer database is Proton Polska - Agregaty Prądotwórcze, Zbigniew Pertkiewicz, located in Sieradz at Olendry Małe 28;
- 3.5 Accepting the regulations is equivalent to consenting to the processing of the personal data provided in the registration form for the purpose of fulfilling the sales contract, and the transfer of the data to third parties with whom the data administrator has entered into a contract to deliver the ordered goods to the extent necessary for its execution;
- 3.6 The personal data of the Store’s customers is secured in accordance with the provisions: the Act of August 29, 1997 on the Protection of Personal Data (i.e. Journal of Laws from 2015, item 2135, as amended), the Act of July 18, 2002 on the Provision of Electronic Services (i.e. Journal of Laws from 2013, item 1422, as amended), the Regulation of the Minister of Interior and Administration of April 29, 2004, on personal data processing documentation and technical and organizational conditions that IT systems and devices processing personal data must meet (Journal of Laws No. 100, item 1024);
- 3.7 Upon separate consent from the Buyer, the personal data provided may be used for other purposes within the scope specified in the consent;
- 3.8 Customers of the Store, via the www.proton-polska.pl website, have the right to access and correct the information they have provided that constitutes personal data under the Act of August 29, 1997 on the Protection of Personal Data (i.e. Journal of Laws from 2015, item 2135, as amended), and they also have the right to control the processing of their personal data and the right to submit a written, reasoned request to stop processing their data due to their particular situation, as well as the right to object to the processing of their data in cases mentioned in the act;
- 3.9 During registration or later, the Customer may consent by checking the box [ ] "I want to receive email newsletters" and/or "I want to receive SMS newsletters" to receiving commercial information electronically, which is equivalent to consenting to the processing of personal data by Proton Polska - Agregaty Prądotwórcze, Zbigniew Pertkiewicz, located in Sieradz at Olendry Małe 28, for the purpose of direct marketing of its own products. The consent may be revoked at any time;
- 3.10 Proton Polska - Agregaty Prądotwórcze, Zbigniew Pertkiewicz, may revoke the Customer's right to use the Online Store, as well as limit their access to part or all of the Online Store's resources, with immediate effect, in case of violation of the Regulations by the Customer, particularly if the Customer:
- a. provided false, inaccurate, or outdated information during registration in the online store, misleading or infringing the rights of third parties;
- b. violated the personal rights of third parties through the online store, particularly the personal rights of other customers of the online store;
- c. engaged in other behaviors deemed by Proton Polska - Agregaty Prądotwórcze, Zbigniew Pertkiewicz, as inconsistent with applicable laws, general internet usage principles, or harming the reputation of Proton Polska - Agregaty Prądotwórcze, Zbigniew Pertkiewicz;
- 3.11 A person who has been deprived of the right to use the online store may not re-register without the prior consent of Proton Polska - Agregaty Prądotwórcze, Zbigniew Pertkiewicz;
- 3.12 The Customer is particularly obliged to:
- a. not provide or transmit content prohibited by law, such as content promoting violence, defamatory content, or infringing the personal rights and other rights of third parties;
- b. use the Online Store in a manner that does not disrupt its functioning, particularly through the use of specific software or devices;
- c. not engage in activities such as sending or placing unsolicited commercial information (spam) within the online store;
- d. use the Online Store in a manner that does not inconvenience other customers or Proton Polska - Agregaty Prądotwórcze, Zbigniew Pertkiewicz;
- e. use all content posted within the online store only for personal use;
- f. use the online store in accordance with the laws in force in the Republic of Poland, the provisions of the Regulations, and general internet usage principles;
- 3.13 Accepting the regulations is equivalent to consenting to receiving invoices in electronic form as required by the Act of March 11, 2004, on the tax on goods and services.
IV. Procedure for concluding the sales contract and executing the order
- 4.1 In order to conclude a sales contract through the Online Store, you need to visit the website www.proton-polska.pl, select the goods, their brand, color, and size, and follow the technical steps based on the messages displayed to the customer and information available on the site;
- 4.2 The selection of the ordered goods by the Customer is made by adding them to the cart;
- 4.3 During the ordering process – until the "Place Order" button is pressed – the Customer has the option to modify the entered data and the selection of goods. For this purpose, the Customer should follow the messages displayed and the information available on the site;
- 4.4 After the Customer using the Online Store provides all necessary data, a summary of the placed order will be displayed. The order summary will contain information regarding:
- a. the subject of the order,
- b. the unit and total price of the ordered products and delivery costs,
- c. the chosen payment method,
- d. the chosen delivery method,
- e. delivery time
- 4.5 To send the Order, it is necessary to accept the content of the Terms and Conditions, provide personal data marked as mandatory, and press the "I order, to pay" button;
- 4.6 Sending the Order by the Customer constitutes a declaration of intent to conclude a sales contract with Proton Polska - Generators, Zbigniew Pertkiewicz, in accordance with the Terms and Conditions;
- 4.7 The sales contract is concluded in Polish and is in accordance with the content of the Terms and Conditions.
- 4.8 Promotions cannot be combined. In one order, only one discount code can be used.
- 4.9 Proton Polska - Generators, Zbigniew Pertkiewicz, operating the proton-polska.pl store, reserves the right to cancel or extend the delivery time for products ordered in "Pre-sale".
- 5.0 Purchase is tantamount to the acceptance of the use of the opinion/review expressed by the Customer obtained via email, phone, or other means for marketing purposes.
V. Acquisition of goods within the framework of intra-Community supply transactions of goods in the EU for VAT taxpayers identified for intra-Community transactions
- 5.1 When is an activity/transaction considered an intra-Community supply of goods? An activity is considered an intra-Community supply of goods when the following conditions are met:
- a. the goods will be transported from the territory of the country, understood as the territory of the Republic of Poland, and this occurs in order to perform activities specified in Article 7 of the VAT Act in a member state other than the territory of Poland;
- b. the transaction is executed for a contractor who is a VAT taxpayer identified for intra-Community transactions in the EU;
- 5.2 Who is the contractor in intra-Community transactions?
The contractor is a VAT taxpayer identified for intra-Community transactions in the EU (i.e., has a valid EU VAT number) or is a legal or natural person not being a VAT taxpayer, who is identified for intra-Community transactions in the EU (i.e., has a valid EU VAT number); - 5.3 In order to make an intra-Community supply of goods in our store, please mark "Company" in the ordering data, select the destination country for delivery, and check the option "I am an EU VAT taxpayer. I order without VAT and commit to settle it in my country".
After a positive verification of the contractor's data including the EU VAT number, we will issue an invoice with a VAT rate of 0% in accordance with the regulations;
VI. Delivery
- 6.1 Delivery of goods is made to the countries listed on the page click here to the address specified by the customer during the order placement;
- 6.2 Delivery of ordered goods is carried out through DHL courier service, FEDEX courier service, DPD courier service, Polish Post, Pocztex, and the logistics operator "InPost Parcel Lockers," only within the territory of the Republic of Poland. Delivery costs are detailed on the page click here. For shipments outside Poland, delivery is carried out through DHL courier service;
- 6.3 The delivery time is from 2 to 4 working days from the day the Customer sends the Order. Delivery of international shipments takes from 7 to 10 working days;
- 6.4 Customers can access these terms at any time via the link provided on the main page of proton-polska.pl and can download and print it. The recording, securing, sharing, and confirmation to the Customer of the essential provisions of the Sales Contract occurs by sending the Customer an electronic invoice to the provided email address in accordance with Article 2 point 32 of the VAT Act.
VII. Prices and payment methods
- 7.1 Prices of goods are given in Polish złoty and include all components, including VAT (with the indication of the tax rate), customs duties, and any other components;
- 7.2 The Customer has the option to pay the price:
- a. by bank transfer to the account number: BZWBK: account number: 30 2705 1090 0000 0001 1689 5710 SWIFT: WBKPPLPP
- b. payment via Przelewy24, PayU, PayPal
- c. payment through E-Raty mBank
- d. payment by card: Pol Card, Visa, Mastercard. The credit card will be charged the next day after the order is placed.
- 7.3 Orders with the option of cash on delivery (cash upon receipt) can only be placed for amounts up to 10,000 zł. Orders exceeding the threshold of 10,000 zł are processed only with the prepayment option.
VIII. Right of withdrawal from the contract
- A Customer purchasing goods who is a consumer and has concluded a distance contract may withdraw from this contract without providing any reasons by submitting a written statement within fourteen (14) days from the day of delivery of the goods or the last part thereof.
To exercise the right of withdrawal from the contract, you must inform us of your decision to withdraw from this contract by means of an unequivocal statement (for example, a letter sent by post, fax, or email).
Proton-Polska.pl
Proton Polska - Generators, Zbigniew Pertkiewicz,
ul. Olendry małe 28
98-200 Sieradz
Tel: 785 455 974
(Mon-Fri, 9-17)
kontakt@proton-polska.pl
Consequences of withdrawal from the contract
- In the event of withdrawal from this contract, we will refund all payments received from you promptly, and in any case, no later than 14 days from the day we are informed of your decision to exercise the right of withdrawal from this contract. We may withhold the refund until we receive the goods or until we receive proof of their return, whichever occurs first.
Please return or send the goods to: Proton Polska - Generators, Zbigniew Pertkiewicz, ul. Olendry małe 28, 98-200 Sieradz immediately, and in any case no later than 14 days from the day you informed us of your withdrawal from this contract. The deadline is met if you send the goods back before the 14-day period expires.
You will have to bear the direct costs of returning the goods. You may use one of the return methods we offer, including courier service directly picked up from the address you provided or return via the InPost parcel lockers service. A fee of 9 zł (shipping cost + fixed handling fee) will be charged for using one of these return options. This amount will be deducted from the total amount we transfer to you for the returned products. Details and return instructions can be found on the page return of goods. If the withdrawal from the contract occurs after the issuance of the electronic invoice, the buyer will receive a correcting electronic invoice, which they agree to.
IX. Complaints regarding the Goods
- 9.1 Proton Polska - Generators, Zbigniew Pertkiewicz, as the seller is responsible to the Customer who is a consumer within the meaning of Article 221 of the Civil Code, for defects under the warranty conditions specified in the Civil Code; the warranty is excluded for Customers who are entrepreneurs;
- 9.2 Complaints arising from violations of the Customer's rights guaranteed by law or under these Terms and Conditions should be directed to: kontakt@proton-polska.pl. Proton Polska - Generators, Zbigniew Pertkiewicz, undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer during this period when the complaint will be processed;
- 9.3 Proton Polska - Generators, Zbigniew Pertkiewicz, is not the manufacturer of the goods. The manufacturer is responsible for the warranty of the sold Goods under the conditions and for the period specified in the warranty card. If the warranty document allows it, the Customer may submit their claims under the warranty directly to the authorized service, the address of which is provided in the warranty card;
- 9.4 If the complaint is accepted after the issuance of the electronic invoice, the buyer will receive a correcting electronic invoice, which they agree to.
X. Complaints regarding the provision of services by electronic means.
- 10.1 Proton Polska - Generators, Zbigniew Pertkiewicz, takes action to ensure the proper functioning of the Store, to the extent that results from current technical knowledge, and commits to removing any irregularities reported by Customers within a reasonable time;
- 10.2 The Customer is obliged to promptly inform Proton Polska - Generators, Zbigniew Pertkiewicz, of any irregularities or interruptions in the operation of the Online Store service;
- 10.3 Irregularities related to the operation of the Store can be reported in writing to: Proton Polska - Generators, Zbigniew Pertkiewicz, Olendry małe 28, 98-200 Sieradz, via email at: kontakt@proton-polska.pl or using the contact form;
- 10.4 In the complaint, the Customer should provide their name and surname, correspondence address, type and date of the irregularity related to the operation of the Store;
- 10.5 Proton Polska - Generators, Zbigniew Pertkiewicz, commits to consider each complaint within 14 days, and if this is not possible, to inform the Customer during this period when the complaint will be processed;
XI. Final provisions
- 11.1 Proton Polska - Generators, Zbigniew Pertkiewicz, is the owner of all product images, graphics, logos, and holds all copyright rights to them. Proton Polska - Generators, Zbigniew Pertkiewicz, also holds the appropriate licenses to use the images used to create advertising banners. Their copying, modifying, sharing, publishing, and using for sales purposes is prohibited and subject to criminal sanctions. Proton Polska - Generators, Zbigniew Pertkiewicz, does not allow their use, distribution, and dissemination without prior written knowledge and consent under penalty of claims for copyright infringement and committing theft of intellectual property;
- 11.2 The resolution of any disputes arising between Proton Polska - Generators, Zbigniew Pertkiewicz, and a Customer who is a consumer within the meaning of Article 221 of the Civil Code shall be submitted to the courts competent in accordance with the provisions of the relevant Civil Procedure Code;
- 11.3 The resolution of any disputes arising between Proton Polska - Generators, Zbigniew Pertkiewicz, operating the online store and a Customer who is not a consumer within the meaning of Article 221 of the Civil Code shall be submitted to the court competent based on the seat of Proton Polska - Generators, Zbigniew Pertkiewicz;
- 11.4 In matters not regulated by these Terms and Conditions, the provisions of the Civil Code, the Act on the Provision of Electronic Services, and other relevant provisions of Polish law shall apply;