TERMS AND CONDITIONS OF THE ONLINE STORE

INSTALPV.PL

TABLE OF CONTENTS:

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
4. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
6. COMPLAINT HANDLING PROCEDURE
7. OUT-OF-COURT METHODS OF COMPLAINT HANDLING AND CLAIM ENFORCEMENT AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. RULES FOR USING THE PRODUCT – DIGITAL CONTENT AND DIGITAL SERVICES
11. PRODUCT REVIEWS
12. ILLEGAL CONTENT AND OTHER CONTENT INCONSISTENT WITH THE TERMS AND CONDITIONS
13. FINAL PROVISIONS
14. MODEL WITHDRAWAL FORM

These Online Store Terms and Conditions were prepared by the lawyers of Prokonsumencki.pl.The Online Store www.instalpv.pl respects consumer rights. A consumer may not waive rights granted to them under the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, those provisions shall prevail and shall apply.

1.      GENERAL PROVISIONS

1.1.          The Online Store available at the Internet address www.instalpv.pl is operated by Krzysztof Mokrowiecki conducting business activity under the business name ZOGO-NET KRZYSZTOF MOKROWIECKI entered in the Central Registration and Information on Business of the Republic of Poland maintained by the minister competent for economy, having: place of business address and service address: Ogonowice 51, 26-300 Opoczno, NIP 7681484823, REGON 101080080, e-mail address: [email protected], telephone number: +48 510709385 and fax number: none.

1.2.          These Terms and Conditions are addressed both to consumers and to entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions states otherwise.

1.3.          The controller of personal data processed in the Online Store in connection with the implementation of these Terms and Conditions is the Seller. Personal data are processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy contains primarily the rules regarding the processing of personal data by the Controller in the Online Store, including the grounds, purposes and period of processing of personal data and the rights of the persons whose data are concerned, as well as information regarding the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of an agreement and statutory obligations of the Seller).

1.4.          Definitions:

1.4.1.          DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1–102).

1.4.2.          BUSINESS DAY – one day from Monday to Friday excluding public holidays.

1.4.3.          REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.

1.4.4.          ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

1.4.5.          CUSTOMER – (1) a natural person having full legal capacity, and in cases provided for by generally applicable law also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity – who has concluded or intends to conclude a Sales Agreement with the Seller.

1.4.6.          CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).

1.4.7.          ACCOUNT – an Electronic Service, a set of resources in the Service Provider’s ICT system marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected.

1.4.8.          NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider periodic content of subsequent newsletter editions containing information about Products, new products and promotions in the Online Store.

1.4.9.          ILLEGAL CONTENT – information that, in itself or by reference to an activity, including the sale of Products or the provision of Electronic Services, is not compliant with European Union law or the law of any Member State that is compliant with European Union law, regardless of the specific subject matter or nature of that law.

1.4.10.      PRODUCT – (1) a movable item (including a movable item with digital elements, i.e. containing digital content or a digital service or connected with them in such a way that the absence of the digital content or digital service would prevent its proper functioning), (2) digital content, (3) a service (including a digital service and a non-digital service) or (4) a right that is the subject of a Sales Agreement between the Customer and the Seller.

1.4.11.      TERMS AND CONDITIONS – these Online Store terms and conditions.

1.4.12.      ONLINE STORE – the Service Provider’s online store available at: www.instalpv.pl.

1.4.13.      SELLER; SERVICE PROVIDER – KRZYSZTOF MOKROWIECKI conducting business activity under the business name ZOGO-NET KRZYSZTOF MOKROWIECKI entered in the Central Registration and Information on Business of the Republic of Poland maintained by the minister competent for economy, having: place of business address and service address: Ogonowice 51, 23-300 Opoczno, NIP 7681484823, REGON 101080080, e-mail address: [email protected], telephone number: +48 510709385 and fax number: none.

1.4.14.      SALES AGREEMENT – an agreement for the sale of a Product (in the case of movable items and movable items with digital elements), (2) an agreement for the supply of a Product (in the case of digital content or a digital service), (3) an agreement for the provision or use of a Product (in the case of a non-digital service and other Products) concluded or to be concluded between the Customer and the Seller via the Online Store.

1.4.15.      ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store and not being a Product.

1.4.16.      SERVICE RECIPIENT – (1) a natural person having full legal capacity, and in cases provided for by generally applicable law also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity – using or intending to use an Electronic Service.

1.4.17.      CONSUMER RIGHTS ACT – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014 item 827, as amended)

1.4.18.      ORDER – a declaration of intent of the Customer submitted using the Order Form and aimed directly at concluding a Sales Agreement for the Product with the Seller.

2.      ELECTRONIC SERVICES IN THE ONLINE STORE

2.1.          The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.

2.1.1.          Account – using the Account is possible after the Service Recipient completes the following three consecutive steps jointly: (1) filling in the Registration Form, (2) clicking the “Create account” field and (3) confirming the wish to create the Account by clicking the confirmation link sent automatically to the provided e-mail address. In the Registration Form, the following Service Recipient data are required: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and password. In the case of Service Recipients who are not consumers, the company name and NIP number are also required.

2.1.1.1.           The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: [email protected] or in writing to: Ogonowice 51, 26-300 Opoczno.

2.1.2.          Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. Placing an Order takes place after the Customer completes two consecutive steps jointly – (1) after filling in the Order Form and (2) clicking on the Online Store website, after filling in the Order Form, the “Confirm purchase” field – until that moment it is possible to independently modify the entered data (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, the following Customer data are required: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, the company name and NIP number are also required.

2.1.2.1.           The Order Form Electronic Service is provided free of charge and is of a one-time nature and ends when the Order is placed through it or when the Service Recipient ceases placing the Order through it earlier.

2.1.3.          Newsletter – use of the Newsletter takes place after providing in the “Newsletter” tab visible on the Online Store website the e-mail address to which subsequent editions of the Newsletter are to be sent and clicking the “Subscribe” field. It is also possible to subscribe to the Newsletter by ticking the appropriate checkbox when creating an Account – upon creation of the Account, the Service Recipient is subscribed to the Newsletter.

2.1.3.1.           The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to: [email protected] or in writing to: Ogonowice 51, 26-300 Opoczno.

2.2.          The technical requirements necessary to cooperate with the ICT system used by the Service Provider are: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) an up-to-date web browser: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari, Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling in the web browser the possibility of saving Cookies and handling Javascript.

2.3.          The Service Recipient is obliged to use the Online Store in a manner consistent with law and good practice, with due regard for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to provide data consistent with the actual state of affairs. The Service Recipient is prohibited from providing unlawful content, including Illegal Content.

2.4.          The complaint procedure concerning Electronic Services is indicated in point 6 of the Terms and Conditions.

3.      CONDITIONS FOR CONCLUDING A SALES AGREEMENT

3.1.          The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.

3.2.          The price of the Product displayed on the Online Store website is given in Polish zloty and includes taxes. The Customer is informed on the Online Store website during the placement of the Order about the total price including taxes of the Product being the subject of the Order, as well as about delivery costs (including transport, delivery and postal service charges) and other costs, and if the amount of these charges cannot be determined – about the obligation to pay them, including at the moment the Customer expresses the will to be bound by the Sales Agreement.

3.3.          Procedure for concluding a Sales Agreement in the Online Store using the Order Form

3.3.1.          The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.

3.3.2.          After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing is made by sending the Customer an appropriate e-mail to the e-mail address provided by the Customer during the placement of the Order, containing at least the Seller’s statements about receipt of the Order and its acceptance for processing as well as confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail, the Sales Agreement between the Customer and the Seller is concluded.

3.4.          Recording, securing and making available to the Customer the content of the concluded Sales Agreement takes place by: (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer the e-mail referred to in point 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.

4.      METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT

4.1.          The Seller provides the Customer with the following methods of payment under the Sales Agreement:

4.1.1.          Cash on delivery upon receipt of the shipment.

4.1.2.          Cash payment upon personal collection.

4.1.3.          Payment by bank transfer to the Seller’s bank account.

4.1.4.          Electronic payments and payment card payments via przelewy24.pl – currently available payment methods are specified on the Online Store website in the information tab regarding payment methods and on the website https://przelewy24.pl.

4.1.4.1.           Settlement of transactions made by electronic payments and payment cards is carried out according to the Customer’s choice through the przelewy24.pl service. The handling of electronic payments and payment cards is provided by: przelewy24.pl

4.1.4.1.1.           Przelewy24 – PayPro SA, seated in Poznań (registered office address: ul. Pastelowa 8, 60-198 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000347935, registration files kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań; share capital in the amount of PLN 4,737,100.00 fully paid up; NIP: 7792369887.

4.2.          Payment deadline:

4.2.1.          If the Customer chooses payment by transfer, electronic payments or payment card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.

4.2.2.          If the Customer chooses cash on delivery or cash upon personal collection, the Customer is obliged to make the payment upon receipt of the shipment.

4.2.3.          Installment payment using Credit Agricole installments Credit Agricole Raty ZOGO-NET performs factual activities on behalf of Credit Agricole Bank Polska S.A. related to concluding an installment loan agreement with natural persons. The decision to grant the loan will be made by the bank based on an analysis of your credibility and creditworthiness, after meeting the formal requirements. This material is for informational purposes.

4.2.4.          Trade credit is possible upon individual inquiry sent to [email protected]

5.      COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT

5.1.          Delivery of the Product is available within the territory of the Republic of Poland.

5.2.          Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The costs of Product delivery (including transport, delivery and postal service charges) are indicated to the Customer on the Online Store website in the information tab regarding delivery costs and during the placement of the Order, including at the moment the Customer expresses the will to be bound by the Sales Agreement.

5.3.          Personal collection of the Product by the Customer is free of charge.

5.4.          The Seller provides the Customer with the following methods of delivery or collection of the Product:

5.4.1.          Postal shipment, cash-on-delivery postal shipment.

5.4.2.          Courier shipment, cash-on-delivery courier shipment.

5.4.3.          Personal collection after prior arrangement is available at: Ogonowice 51, 26-300 Opoczno – on Business Days, from 09:00 to 17:00.

5.5.          The delivery time of the Product to the Customer is up to 7 Business Days, unless a shorter time is stated in the description of a given Product or during the placement of the Order. In the case of Products with different delivery times, the delivery time is the longest time stated, which however may not exceed 7 Business Days. The beginning of the period for delivery of the Product to the Customer is counted as follows:

5.5.1.          If the Customer chooses payment by transfer, electronic payments or payment card – from the date of crediting the Seller’s bank or settlement account.

5.5.2.          If the Customer chooses cash on delivery – from the date of conclusion of the Sales Agreement.

5.6.          The time when the Product is ready for collection by the Customer – if the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within up to 7 Business Days, unless a shorter time is stated in the description of a given Product or during the placement of the Order. In the case of Products with different readiness times, the readiness time is the longest time stated, which however may not exceed 7 Business Days. The Customer will additionally be informed by the Seller that the Product is ready for collection. The beginning of the period for the Product to be ready for collection by the Customer is counted as follows:

5.6.1.          If the Customer chooses payment by transfer, electronic payments or payment card – from the date of crediting the Seller’s bank or settlement account.

5.6.2.          If the Customer chooses cash upon personal collection – from the date of conclusion of the Sales Agreement.

6.      COMPLAINT HANDLING PROCEDURE

6.1.          This point 6 of the Terms and Conditions defines the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.

6.2.          A complaint may be submitted, for example:

6.2.1.          in writing to: Ogonowice 51, 26-300 Opoczno;

6.2.2.          electronically via e-mail to: [email protected].

6.3.          Sending or returning the Product as part of a complaint may be made to: Ogonowice 51, 26-300 Opoczno.

6.4.          It is recommended to include in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity or non-conformity with the agreement; (2) the request for a method of bringing the product into conformity with the agreement or a statement on price reduction or withdrawal from the agreement or another claim; and (3) contact details of the person submitting the complaint – this will facilitate and speed up consideration of the complaint. The requirements stated in the previous sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommended complaint description.

6.5.          If the contact details provided by the complainant change during the complaint handling process, the complainant is obliged to notify the Seller thereof.

6.6.          Evidence related to the subject of the complaint (e.g. photos, documents or the Product) may be attached to the complaint by the complainant. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos) if this facilitates and accelerates complaint handling by the Seller.

6.7.          The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.

6.8.          The basis and scope of the Seller’s statutory liability are specified by generally applicable provisions of law, in particular in the Civil Code, the Consumer Rights Act and the Act on Provision of Services by Electronic Means of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended). Below are additional pieces of information concerning the Seller’s legal liability for the Product’s conformity with the Sales Agreement:

6.8.1.          In the case of a complaint regarding a Product – movable item – purchased by the Customer under a Sales Agreement concluded with the Seller until 31 December 2022, the provisions of the Civil Code as in force until 31 December 2022 apply, in particular Articles 556-576 of the Civil Code. These provisions define in particular the basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty for defects). Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for defects for a Product purchased in accordance with the previous sentence towards a Customer who is not a consumer is excluded.

6.8.2.          In the case of a complaint regarding a Product – movable item (including a movable item with digital elements), excluding however a movable item that serves solely as a carrier of digital content – purchased by the Customer under a Sales Agreement concluded with the Seller from 1 January 2023, the provisions of the Consumer Rights Act as in force from 1 January 2023 apply, in particular Articles 43a - 43g of the Consumer Rights Act. These provisions define in particular the basis and scope of the Seller’s liability towards the consumer in the event of non-conformity of the Product with the Sales Agreement.

6.8.3.          In the case of a complaint regarding a Product – digital content or digital service or a movable item that serves solely as a carrier of digital content – purchased by the Customer under a Sales Agreement concluded with the Seller from 1 January 2023 or before that date, if the supply of such Product was to take place or took place after that date, the provisions of the Consumer Rights Act as in force from 1 January 2023 apply, in particular Articles 43h – 43q of the Consumer Rights Act. These provisions define in particular the basis and scope of the Seller’s liability towards the consumer in the event of non-conformity of the Product with the Sales Agreement.

6.9.          In addition to statutory liability, a guarantee may be granted for the Product – this is contractual (additional) liability and may be used where the given Product is covered by a guarantee. The guarantee may be granted by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed terms regarding liability under the guarantee, including the data of the entity responsible for implementation of the guarantee and the entity entitled to use it, are available in the guarantee description, e.g. in the guarantee card or elsewhere concerning the granting of the guarantee. The Seller indicates that in the event of non-conformity of the Product with the agreement, the Customer is entitled by law to legal remedies from and at the expense of the Seller, and that the guarantee does not affect these legal remedies.

6.10.      The provisions contained in points 6.8.2 and 6.8.3 of the Terms and Conditions regarding the consumer shall also apply to a Customer who is a natural person concluding an agreement directly related to their business activity, when the content of that agreement shows that it does not have a professional character for that person, resulting in particular from the subject of the business activity carried out by them, made available on the basis of the regulations on the Central Registration and Information on Business.

7.      OUT-OF-COURT METHODS OF COMPLAINT HANDLING AND CLAIM ENFORCEMENT AND RULES OF ACCESS TO THESE PROCEDURES

7.1.          Methods of dispute resolution without court participation include, among others: (1) enabling the positions of the parties to be brought closer together, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing its solution on the parties, e.g. in arbitration (amicable court). Detailed information concerning the possibility for a Customer who is a consumer to use out-of-court methods of complaint handling and claim enforcement, the rules of access to these procedures and a user-friendly search engine for entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.

7.2.          There is a contact point operating at the President of the Office of Competition and Consumer Protection whose task is, among others, to provide consumers with information concerning out-of-court resolution of consumer disputes. The consumer may contact the contact point: (1) by telephone – calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – sending a message to: [email protected] or (3) in writing or in person – at the Office’s headquarters at plac Powstańców Warszawy 1 in Warsaw (00-030).

7.3.          The consumer has the following exemplary possibilities of using out-of-court methods of complaint handling and claim enforcement: (1) an application for dispute resolution to a permanent consumer arbitration court; (2) an application for out-of-court dispute resolution to a provincial inspector of the Inspection; or (3) assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Polish Consumer Association). Advice is provided, among others, by e-mail at [email protected] and via the consumer helpline number 801 440 220 (helpline open on Business Days, from 8:00 to 18:00, call charge according to the operator’s tariff).

7.4.        [Important - The possibility of submitting complaints via the ODR platform expired on 20 March 2025, and the platform itself will be discontinued on 20 July 2025.] At http://ec.europa.eu/odr there was available a platform for online dispute resolution between consumers and traders at the EU level (ODR platform). The ODR platform constituted an interactive and multilingual website with a one-stop-shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales agreement or service agreement (more information on the platform’s own website or on the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

Below is a broader legal justification for the change:

8.      RIGHT OF WITHDRAWAL FROM THE AGREEMENT

8.1.          A consumer who has concluded a distance agreement may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the statement before its expiry. The statement of withdrawal from the agreement may be submitted, for example:

8.1.1.          in writing to: Ogonowice 51, 26-300 Opoczno;

8.1.2.          electronically via e-mail to: [email protected].

8.2.          Return of the Product – movable items (including movable items with digital elements) as part of the withdrawal may be made to: Ogonowice 51, 26-300 Opoczno.

8.3.          A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point 14 of the Terms and Conditions. The consumer may use the form template, but it is not obligatory.

8.4.          The period for withdrawal from the agreement begins:

8.4.1.          for an agreement under which the Seller issues the Product, being obliged to transfer its ownership – from the taking possession of the Product by the consumer or a third party indicated by them other than the carrier, and in the case of an agreement that: (1) covers multiple Products delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period – from taking possession of the first of the Products;

8.4.2.          for other agreements – from the date of conclusion of the agreement.

8.5.          In the event of withdrawal from a distance agreement, the agreement is deemed not concluded.

8.6.          Products – movable items, including movable items with digital elements:

8.6.1.          The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the agreement, refund to the consumer all payments made by them, including the costs of delivery of the Product – movable item, including movable item with digital elements (except for additional costs resulting from the consumer’s chosen method of delivery other than the cheapest ordinary method of delivery available in the Online Store). The Seller refunds the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to another refund method that does not involve any cost for them. In the case of Products – movable items (including movable items with digital elements) – if the Seller has not offered to collect the Product from the consumer itself, it may withhold the refund of payments received from the consumer until it receives the Product back or until the consumer provides proof of its return, whichever occurs first.

8.6.2.          In the case of Products – movable items (including movable items with digital elements) – the consumer is obliged to immediately, no later than within 14 calendar days from the day on which they withdrew from the agreement, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller offered to collect it itself. To meet the deadline, it is sufficient to send the Product back before its expiry.

8.6.3.          The consumer is liable for any decrease in the value of the Product – movable item (including movable item with digital elements) – resulting from using it in a manner exceeding what is necessary to establish the nature, characteristics and functioning of the Product.

8.7.          Products – digital content or digital services:

8.7.1.          In the event of withdrawal from an agreement for the supply of a Product – digital content or digital service – from the day of receipt of the consumer’s statement of withdrawal from the agreement, the Seller may not use content other than personal data supplied or created by the consumer while using the Product – digital content or digital service – supplied by the Seller, except for content which: (1) is useful solely in connection with the digital content or digital service which was the subject of the agreement; (2) concerns solely the activity of the consumer while using the digital content or digital service supplied by the Seller; (3) has been combined by the trader with other data and cannot be separated from them or can be separated only with disproportionate effort; (4) has been generated by the consumer jointly with other consumers who may still use it. Except for the cases referred to above in points (1)–(3), the Seller shall, at the consumer’s request, make available to them content other than personal data that has been supplied or created by the consumer while using the digital content or digital service supplied by the Seller. In the event of withdrawal from the agreement, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user account, which does not affect the consumer’s rights referred to in the previous sentence. The consumer has the right to recover the digital content from the Seller free of charge, without obstacles from the Seller, within a reasonable time and in a commonly used machine-readable format.

8.7.2.          In the event of withdrawal from an agreement for the supply of a Product – digital content or digital service, the consumer is obliged to refrain from using that digital content or digital service and from making them available to third parties.

8.8.          Possible costs related to the consumer’s withdrawal from the agreement, which the consumer is obliged to bear:

8.8.1.          In the case of Products – movable items (including movable items with digital elements) – if the consumer chose a method of delivery of the Product other than the cheapest ordinary method of delivery available in the Online Store, the Seller is not obliged to refund the consumer the additional costs incurred by them.

8.8.2.          In the case of Products – movable items (including movable items with digital elements) – the consumer bears the direct costs of returning the Product.

8.8.3.          In the case of a Product – a service, the performance of which – at the express request of the consumer – began before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services provided until withdrawal from the agreement. The amount to be paid is calculated proportionally to the scope of the service provided, taking into account the price or remuneration agreed in the agreement. If the price or remuneration is excessive, the basis for calculating that amount is the market value of the service provided.

8.9.          The right of withdrawal from a distance agreement does not apply to the consumer with regard to agreements:

8.9.1.          (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the consumer’s express and prior consent, who was informed before the performance began that after the Seller has fully performed the service they will lose the right of withdrawal and acknowledged this; (2) where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period; (3) where the subject of the performance is a Product – movable item (including a movable item with digital elements) – non-prefabricated, manufactured according to the consumer’s specifications or serving to satisfy their individualized needs; (4) where the subject of the performance is a Product – movable item (including a movable item with digital elements) – liable to deteriorate rapidly or having a short shelf life; (5) where the subject of the performance is a Product – movable item (including a movable item with digital elements) – delivered in a sealed package which cannot be returned after opening for health protection or hygiene reasons, if the package was opened after delivery; (6) where the subject of the performance is Products – movable items (including movable items with digital elements) – which, after delivery, by their nature become inseparably mixed with other movable items, including movable items with digital elements; (7) where the subject of the performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and whose delivery may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) where the consumer expressly requested that the Seller come to them to carry out urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or supplies Products – movable items (including movable items with digital elements) – other than spare parts necessary to perform the repair or maintenance, the right of withdrawal applies to the additional services or Products; (9) where the subject of the performance is sound or visual recordings or computer software supplied in a sealed package, if the package was opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for subscription agreements; (11) concluded by way of a public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the agreement specifies the day or period of service provision; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the Seller began performance with the consumer’s express and prior consent, who was informed before the performance began that after the Seller has performed they would lose the right of withdrawal and acknowledged this, and the Seller provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price, where the consumer expressly requested the Seller to come to them to perform a repair, and the service has already been fully performed with the consumer’s express and prior consent.

8.10.      The provisions contained in this point 8 of the Terms and Conditions concerning the consumer shall also apply, for agreements concluded from 1 January 2021, to a Service Recipient or Customer who is a natural person concluding an agreement directly related to their business activity, when the content of that agreement shows that it does not have a professional character for that person, resulting in particular from the subject of the business activity carried out by them, made available on the basis of the regulations on the Central Registration and Information on Business.

9.      PROVISIONS CONCERNING ENTREPRENEURS

9.1.          This point 9 of the Terms and Conditions and all provisions contained therein are addressed to and thus bind exclusively a Customer or Service Recipient who is not a consumer, and from 1 January 2021, for agreements concluded from that date, also not a natural person concluding an agreement directly related to their business activity when the content of that agreement shows that it does not have a professional character for that person, resulting in particular from the subject of the business activity carried out by them, made available on the basis of the regulations on the Central Registration and Information on Business.

9.2.          The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and gives rise to no claims on the part of the Customer against the Seller.

9.3.          The Seller’s liability under warranty for defects for the Product or for non-conformity of the Product with the Sales Agreement is excluded.

9.4.          The Seller will respond to the complaint within 30 calendar days from the date of its receipt.

9.5.          The Seller has the right to limit the available methods of payment, including requiring prepayment in whole or in part regardless of the method of payment chosen by the Customer and the fact of conclusion of the Sales Agreement.

9.6.          The Service Provider may terminate the agreement for the provision of the Electronic Service with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.

9.7.          The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount of the paid price and delivery costs under the Sales Agreement, but not more than to the amount of one thousand zloty. The monetary limitation referred to in the previous sentence applies to all claims directed by the Service Recipient/Customer against the Service Provider/Seller, including also in the event of failure to conclude a Sales Agreement or claims unrelated to the Sales Agreement. The Service Provider/Seller is liable towards the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the agreement and is not liable for lost profits. The Seller is also not liable for delays in shipment transport.

9.8.          All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court competent for the registered office of the Seller/Service Provider.

10.  RULES FOR USING THE PRODUCT – DIGITAL CONTENT AND DIGITAL SERVICES

10.1.      This point 10 of the Terms and Conditions defines the default rules for using Products – digital content and digital services available in the Online Store. These rules apply in the absence of individually agreed conditions of use for a given Product or in the scope not regulated by individual conditions (e.g. in the case of a license granted by the manufacturer of a given Product, the manufacturer’s license shall apply).

10.2.      Rights to the Product, including copyrights in the case of Products constituting a work within the meaning of Copyright Law, are vested in the Seller or other authorized third parties.

10.3.      Based on the concluded Sales Agreement, the Customer is entitled to use the Product in the manner and to the extent necessary to use it for the purposes specified by the Sales Agreement, and in the absence of such specification, for the purposes for which such a Product is usually used, taking into account applicable legal provisions, technical standards or good practices.

10.4.      Use of the Product by the Customer is possible only for the Customer’s own use, including within the framework of their business activity, unless the Sales Agreement provides otherwise. Subject to exceptions provided for by generally applicable provisions of law and different provisions of the Sales Agreement: (1) the Customer is not entitled to make the Product available to third parties; (2) the Customer is not entitled to use the Product for profit-making purposes, including placing the Product on the market; (3) the Customer is not entitled to transfer, sublicense or authorize other persons to use the Product; (4) the Customer is not entitled to copy, reproduce, modify, adapt, translate, decode, decompile, disassemble or make any other attempts to interfere with the Product, unless it is necessary to ensure proper use of the Product in accordance with the Sales Agreement.

10.5.      Use of the Product by the Customer is possible for the period specified in the Sales Agreement.

10.6.      Access to the Product is granted by sending digital content or a link (URL address) enabling its playback to the e-mail address provided by the Customer during the placement of the Order.

11.  PRODUCT REVIEWS

11.1.      The Seller enables its Customers to issue and access reviews of Products and of the Online Store on the principles indicated in this point of the Terms and Conditions.

11.2.      Posting a review by the Customer is possible after using the form enabling adding a review of the Product or the Online Store. This form may be made available directly on the Online Store website (including via an external widget) or may be made available by means of an individual link received by the Customer after purchase at the e-mail address provided by them. When adding a review, the Service Recipient may also add a graphic rating or a photo of the Product – if such an option is available in the review form.

11.3.      A Product review may only be issued for Products actually purchased in the Seller’s Online Store and only by the Customer who purchased the reviewed Product. It is prohibited to conclude fictitious or sham Sales Agreements in order to issue a Product review. A review of the Online Store may be issued by a person who is a Customer of the Online Store.

11.4.      Adding reviews by Customers may not be used for unlawful activities, in particular for acts constituting unfair competition or activities infringing personal rights, intellectual property rights or other rights of the Seller or third parties. When adding a review, the Customer is obliged to act in accordance with law, these Terms and Conditions and good practice.

11.5.      Reviews may be made available directly on the Online Store website (e.g. next to a given Product) or in an external review-collecting service cooperating with the Seller and referred to on the Online Store website (including through an external widget placed on the Online Store website).

11.6.      The Seller ensures that published Product reviews come from its Customers who purchased a given Product. For this purpose, the Seller takes the following measures to check whether reviews come from its Customers:

11.6.1.      Publication of a review issued via a form available directly on the Online Store website requires prior verification by the Seller. Verification consists in checking the review’s compliance with the Terms and Conditions, in particular checking whether the reviewing person is a Customer of the Online Store – in this case, the Seller checks whether that person made a purchase in the Online Store, and in the case of a Product review additionally checks whether they purchased the reviewed Product. Verification takes place without undue delay.

11.6.2.      The Seller sends its Customers (including via an external review-collecting service with which it cooperates) an individual link to the e-mail address provided by the Customer when making the purchase – in this way, access to the review form is received only by the Customer who purchased the Product in the Online Store.

11.6.3.      In the event of the Seller’s doubts or objections directed to the Seller by other Customers or third parties as to whether a given review comes from a Customer or whether a given Customer bought a given Product, the Seller reserves the right to contact the author of the review in order to clarify and confirm that they are in fact a Customer of the Online Store or that they purchased the reviewed Product.

11.7.      Any comments, appeals against review verification, or objections as to whether a given review comes from a Customer or whether a given Customer bought a given Product may be submitted in a manner analogous to the complaint procedure indicated in point 6 of the Terms and Conditions.

11.8.      The Seller does not post or commission another person to post false customer reviews or recommendations and does not distort customer reviews or recommendations in order to promote its Products. The Seller makes available both positive and negative reviews. The Seller does not make sponsored reviews available.

12.  ILLEGAL CONTENT AND OTHER CONTENT INCONSISTENT WITH THE TERMS AND CONDITIONS

12.1.      This point of the Terms and Conditions contains provisions arising from the Digital Services Act insofar as they concern the Online Store and the Service Provider. As a rule, the Service Recipient is not obliged to provide content while using the Online Store, unless the Terms and Conditions require the provision of certain data (e.g. data to place an Order). The Service Recipient may have the possibility to add a review or comment in the Online Store using the tools made available for this purpose by the Service Provider. In every case of providing content by the Service Recipient, they are obliged to comply with the rules contained in the Terms and Conditions.

12.2.      CONTACT POINT - The Service Provider designates the e-mail address [email protected] as the single contact point. The contact point enables direct communication of the Service Provider with the authorities of Member States, the European Commission and the European Board for Digital Services and at the same time enables recipients of the service (including Service Recipients) direct, fast and friendly communication with the Service Provider electronically for the purposes of applying the Digital Services Act. The Service Provider indicates Polish and English for the purposes of communication with its contact point.

12.3.      Procedure for reporting Illegal Content and actions in accordance with Article 16 of the Digital Services Act:

12.3.1.      Any person or entity may notify the Service Provider of the presence of specific information which that person or entity considers to be Illegal Content by sending a notification to [email protected].

12.3.2.      The notification should be sufficiently precise and duly substantiated. For this purpose, the Service Provider enables and facilitates notifications to the above e-mail address containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the information in question constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or exact URLs and, where appropriate, additional information enabling the identification of the Illegal Content, depending on the type of content and the specific type of service; (3) the name and e-mail address of the person or entity submitting the notification, except for a notification concerning information considered to be related to one of the offenses referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good faith belief of the person or entity submitting the notification that the information and allegations contained therein are accurate and complete.

12.3.3.      The notification referred to above shall be deemed to give rise to actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act in relation to the information concerned if it enables the Service Provider acting diligently to identify – without a detailed legal analysis – the illegal nature of the activity or information in question.

12.3.4.      If the notification contains electronic contact details of the person or entity making the notification, the Service Provider shall, without undue delay, send that person or entity an acknowledgement of receipt of the notification. The Service Provider shall also, without undue delay, notify that person or entity of its decision in respect of the information to which the notification relates, providing information on the possibilities of appealing against the decision taken.

12.3.5.      The Service Provider shall process all notifications it receives under the mechanism referred to above and shall take decisions in respect of the information to which the notifications relate in a timely, non-arbitrary and objective manner and with due diligence. If, for the purposes of such processing or decision-making, the Service Provider uses automated means, it shall include information on this in the notification referred to in the previous point.

12.4.      Information on restrictions imposed by the Service Provider in connection with the use of the Online Store, with regard to information provided by Service Recipients:

12.4.1.      The Service Recipient is bound by the following rules when providing any content within the Online Store:

12.4.1.1.        the obligation to use the Online Store, including posting content (e.g. as part of reviews or comments), in accordance with its purpose, these Terms and Conditions and in a manner consistent with law and good practice, taking into account respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties;

12.4.1.2.        the obligation to enter content consistent with the actual state of affairs and in a non-misleading manner;

12.4.1.3.        the prohibition on providing unlawful content, including the prohibition on providing Illegal Content;

12.4.1.4.        the prohibition on sending unsolicited commercial information (spam) via the Online Store;

12.4.1.5.        the prohibition on providing content violating generally accepted netiquette principles, including vulgar or offensive content;

12.4.1.6.        the obligation to have – where necessary – all required rights and authorizations to provide such content on the Online Store pages, in particular copyrights or required licenses, authorizations and consents for their use, dissemination, making available or publication, especially the right to publish and disseminate in the Online Store and the right to use and disseminate image or personal data in the case of content covering the image or personal data of third parties.

12.4.1.7.        the obligation to use the Online Store in a manner not creating a threat to the security of the Service Provider’s ICT system, the Online Store or third parties.

12.4.2.      The Service Provider reserves the right to moderate content provided by Service Recipients on the Online Store website. Moderation takes place in good faith and with due diligence and on the Service Provider’s own initiative or upon receiving a notification in order to detect, identify and remove Illegal Content or other content inconsistent with the Terms and Conditions or prevent access thereto, or to take the necessary measures to comply with the requirements of European Union law and national law consistent with European Union law, including the requirements specified in the Digital Services Act, or the requirements contained in the Terms and Conditions.

12.4.3.      The moderation process may be carried out manually by a human or be based on automated or partially automated tools facilitating the Service Provider’s identification of Illegal Content or other content inconsistent with the Terms and Conditions. After identifying such content, the Service Provider decides on its possible removal or disabling access to it or otherwise limits its visibility or takes other actions it deems necessary (e.g. contacts the Service Recipient in order to clarify objections and change the content). The Service Provider will inform the Service Recipient who provided the content (if it has their contact details) in a clear and easily understandable manner about its decision, the reasons for it and the available possibilities of appealing against that decision.

12.4.4.      In exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, objectively and proportionately and with due regard to the rights and legitimate interests of all parties involved, including service recipients, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.

12.5.      Any comments, complaints, claims, appeals or objections regarding decisions or other actions or lack of actions taken by the Service Provider on the basis of a received notification or a decision of the Service Provider taken in accordance with the provisions of these Terms and Conditions may be submitted in a manner analogous to the complaint procedure indicated in point 6 of the Terms and Conditions. Use of this procedure is free of charge and allows complaints to be submitted electronically to the e-mail address indicated. The use of the complaint submission and handling procedure is without prejudice to the right of a given person or entity to initiate court proceedings and does not prejudice their other rights.

12.6.      The Service Provider shall consider all comments, complaints, claims, appeals or objections regarding decisions or other actions or lack of actions taken by the Service Provider on the basis of a received notification or a decision taken in a timely, non-discriminatory, objective and non-arbitrary manner. If the complaint or other notification contains sufficient reasons for the Service Provider to consider that its decision not to act in response to the notification is unjustified, or that the information to which the complaint relates is not illegal and not inconsistent with the Terms and Conditions, or contains information indicating that the complainant’s action does not justify the measure taken, the Service Provider shall without undue delay revoke or amend its decision as to the possible removal of or disabling of access to the content or otherwise restricting its visibility or take other actions it deems necessary.

12.7.      Service Recipients, persons or entities that submitted a notification of Illegal Content, to whom the Service Provider’s decisions concerning Illegal Content or content inconsistent with the Terms and Conditions are addressed, have the right to choose any out-of-court dispute settlement body certified by the Digital Services Coordinator of a Member State in order to resolve disputes concerning those decisions, including in relation to complaints not resolved within the Service Provider’s internal complaint handling system.

12A. Product photos

Product photos – information

1. The photos presented in the store may come from manufacturers or suppliers. The Seller is not always their author and does not always hold the economic copyrights to them.

2. The photos are for illustrative purposes and serve to present the product. Depending on the batch, delivery or production changes, the appearance of the product may slightly differ from that shown in the photo (in particular: shade/color, workmanship details, markings, photo quality).

3. In the case of parts and components, the photo may show an element in a set or in an illustrative configuration (e.g. a pulley visible with a bearing and/or shaft); this also applies to other elements shown in the preview where the photo shows a configuration. The subject of sale is solely the element described in the product name and description, and the other elements visible in the photo do not constitute the subject of the offer, unless explicitly stated otherwise in the descriptions.

13.   FINAL PROVISIONS

13.1.      Agreements concluded via the Online Store are concluded in Polish.

13.2.      Change of the Terms and Conditions:

13.2.1.      The Service Provider reserves the right to make changes to these Terms and Conditions for important reasons, i.e.: changes in legal provisions; changes in payment or delivery methods or deadlines, being subject to a legal or regulatory obligation; changes in the scope or form of the Electronic Services provided; adding new Electronic Services; the need to counteract an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

13.2.2.      Notification of proposed changes is sent at least 15 days before the date on which such changes come into force, subject to the reservation that a change may be introduced without observing the 15-day notification period if the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to change the Terms and Conditions in a way that prevents it from observing the 15-day notification period; or (2) must exceptionally change its Terms and Conditions to counteract an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats. In the latter two cases referred to in the previous sentence, changes are introduced with immediate effect, unless it is possible or necessary to apply a longer implementation period, of which the Service Provider shall inform each time.

13.2.3.      In the case of agreements of a continuous nature (e.g. provision of the Electronic Service – Account), the Service Recipient has the right to terminate the agreement with the Service Provider before the expiry of the notification period of proposed changes. Such termination becomes effective within 15 days from the date of receipt of the notification. In the case of concluding an agreement of a continuous nature, the amended Terms and Conditions bind the Service Recipient if they were properly notified of the changes, in accordance with the notification period before their introduction, and did not terminate the agreement during that period. Additionally, at any time after receiving the notification of changes, the Service Recipient may accept the introduced changes and thus resign from the further duration of the notification period. In the case of concluding an agreement of a nature other than continuous agreements, changes to the Terms and Conditions shall in no way infringe the Service Recipient’s acquired rights before the date of entry into force of the changes to the Terms and Conditions, in particular changes to the Terms and Conditions shall not affect Orders already being or already placed and Sales Agreements concluded, performed or executed.

13.2.4.      If a change to the Terms and Conditions would result in the introduction of any new fees or an increase in the current ones, the consumer has the right to withdraw from the agreement.

13.3.      In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Provision of Services by Electronic Means of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant generally applicable legal provisions.

14.   MODEL WITHDRAWAL FORM
(ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)

Model withdrawal form 14 days from purchase
(this form should be completed and returned only if you wish to withdraw from the agreement)

–    Addressee:

ZOGO-NET ONLINE STORE
ul. Ogonowice 51, 26-300 Ogonowice
instalpv.pl
[email protected]

–    I/We(*) hereby inform/informs(*) of my/our withdrawal from the agreement for the sale of the following goods(*) the agreement for the supply of the following goods(*) the contract for specific work consisting in the manufacture of the following goods(*)/for the provision of the following service(*)

–    Date of conclusion of the agreement(*)/receipt(*)

–    Name and surname of the consumer(s)

–    Address of the consumer(s)

–    Signature of the consumer(s) (only if the form is sent in paper version)

–    Date

(*) Delete as appropriate.

15.   Online form for withdrawal from the agreement within 14 days of purchase

            click here