TERMS AND CONDITIONS OF THE INTERNET STORE
of the 25th of May 2018
The following terms as used herein shall have the meaning set forth below:
1. Customer – an individual, a legal entity or a business unit that is not a legal entity, to whom specific regulations grant legal personality, who makes an Order within the Store;
2. Civil Code - act of 23 April 1964 (Polish Journal of Laws 16, item 93 as amended);
3. Terms and Conditions - these Terms and Conditions of providing services by electronic means, within the Internet store SHOP.DIAGPROG.COM
4. Internet Store (Store) – website available at the address www.shop.diagprog.com, which the Customer can use particularly to place Orders;
5. Merchandise – products displayed in the Internet store;
6. Sales Agreement – an agreement on selling Merchandise, as defined by the Civil Code, executed between [the entity operating the internet store] and the Customer, executed using the Internet Store website;
7. Act on specific conditions of consumer sales – act of 27 July 2002 on specific conditions of consumer sales, and on amending the Civil Code (Polish Journal of Laws 141, item 1176 as amended);
8. Act on providing services by electronic means – act of 18 July 2002 on providing services by electronic means (Polish Journal of Laws 144, item 1204 as amended);
9. Order – a Customer's declaration of will, leading directly to executing a Sales Agreement, specifying in particular the type and quantity of Merchandise.
II. General provisions
2.1. These Terms and Conditions specify the rules of using the Internet store available at www.shop.diagprog.com.
2.2. These Terms and Conditions are a set of terms and conditions discussed in art. 8 of the Act on providing services by electronic means.
2.3. The Internet store, conducting business at www.shop.diagprog.com, is run by Elprosys Sp. z o.o., entered in the Register of Entrepreneurs of the National Court Register, kept by the District Court in Gliwice, 10th Commercial Division of the National Court Register under the number 0000137564. The Elprosys Sp. z o.o. company has an initial capital of PLN 700,000 paid up in full.
Elprosys Sp. z o.o.
ul. Tarnogórska 140, 44-102 Gliwice, Poland.
NIP: 648 24 29 608
Questions and complaints can be directed to email@example.com or the phone number:
+48 32 301 2 301 or +48 32 301 2 310 (charge in accordance with the relevant operator's price list).
W3 Identification of civilian entrepreneurs
2.4. These Terms and Conditions specifies in particular:
a) rules of registering and using an account within the Internet store;
b) conditions and rules of performing electronic bookings of products available within the Internet store;
c) conditions and rules of placing Orders within the internet store by electronic means;
2.5. Using the internet store is possible, providing the information and communications system that the User utilises, meets the following minimum requirements:
a) Internet Explorer 8.0 or newer, with Java support and cookies enabled, or
b) Mozilla Firefox 6.0 or newer, with Java support and cookies enabled, or
c) Opera 8.0 or newer, with Java support and cookies enabled, or
d) Chrome 13.0 or newer, with Java support and cookies enabled,
c) minimum screen resolution 800 x 600 pixels.
2.6. In order to use the internet store, the Customer should by his or her own gain access to a computer environment or a terminal that has access to the internet.
2.7. According to current provisions of law, Elprosys Sp. z o.o. reserves the right to limit the services provided by way of the internet Store to people who are 18 years or older. In such a case, possible Customers will be informed of the above.
2.8. Customers can access these Terms and Conditions at any time, using the link placed at the Website's homepage www.shop.diagprog.com, download it and make a printout.
2.9. Information on Merchandise provided on Store web pages, in particular its descriptions, technical and functional parameters, as well as price, is an invitation for executing an agreement, as defined by art. 71 of the Civil Code.
III. Rules of using the Internet Store
3.1. The prerequisite for using the internet Store is registration therein.
3.2. Registration is performed by filling and accepting the registration form, provided on one of the Store pages.
3.3. The condition for registering is expressing the consent for the contents of the Terms and Conditions, and providing personal data marked as mandatory.
3.4. Elprosys Sp. z o.o. may deprive the Customer of the right to use internet Store, as well as limit his or her access to some or all resources of the internet Store, effective immediately, if the Customer breaches the Terms and Conditions, and in particular if the Customer:
a) provided, during registration in the internet store, data inconsistent with the truth, inaccurate or outdated, misleading or infringing the rights of third parties.
b) using the internet Store, committed and infringement of personal interests of third parties, in particular the personal interests of other customers of the internet store,
c) committed other actions that Elprosys Sp. z o.o. will deem as actions inconsistent with currently binding provisions of law or general rules of using the Internet, or damaging the good name of Elprosys Sp. z o.o.
3.5. A person who has been deprived of the right to use the internet Store, may not register again without a prior consent of Elprosys Sp. z o.o.
3.6. In order to ensure the security of transmitting messages and data related to services provided within the Website, the internet Store shall adopt technical and organisational means adequate to the hazard towards the provided services, in particular means of preventing the acquisition and modification by unauthorised persons of personal data transmitted in the Internet.
3.7. The Customer is particularly obligated to:
a) not providing or transmitting content forbidden by the law, e.g. content promoting violence, causing defamation or infringing the personal interests and other rights of third parties,
b) using the internet Store in a way that does not disrupt its functioning, in particular by using specific software or devices,
c.) not taking actions such as: distributing or placing within the internet Store unrequested trade information (spam),
d) using the internet Store in a way not burdensome for other customers as well as for Elprosys Sp. z o.o.,
e) using all content within the internet Store only for personal use,
f) using the internet Store in a way consistent with provisions of law currently in force in the territory of the Republic of Poland, stipulations of the Terms and Conditions, as well as general rules of using the Internet.
IV. Procedure of executing a Sales Agreement
4.1. In order to execute a Sales Agreement through the internet Store, the Customer has to enter the www.shop.diagprog.com website, select merchandise from Store range, taking successive technical actions based on displayed messages and information available at the web page.
4.2. Selecting the Merchandise ordered by the Customer is done by adding them to the cart.
4.3. During the placing of an Order - until the "Order" button is pressed - the Customer can modify the data that was entered, as well as the Merchandise selection. To this end, the Customer has to follow the displayed messages and information available on the website.
4.4. After the Customer using the internet Store provides all necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will contain information concerning:
a) object of the order,
b) unit weight and total price of the ordered products and services, including shipping cost and additional costs (if applicable),
c) selected payment method,
d) selected shipping method,
e) shipping time.
4.5. In order to send the Order, it is necessary to accept the content of the Terms and Conditions, providing personal data marked as mandatory, and pressing the "Place order" button.
4.6. Sending an Order by the Customer is a declaration of will to execute a Sales Agreement with Elprosys Sp. z o.o., in accordance with the content of the Terms and Conditions.
4.7. After placing the Order, the Customer receives an email message, titled Order Confirmation, containing the final confirmation of all important elements of the Order.
4.8. The Agreement is deemed executed the moment the Customer receives the email message discussed above.
4.9. The Sales Agreement is executed in Polish, and the contents are consistent with the Terms and Conditions.
5.1. Merchandise delivery is not limited to the territory of the Republic of Poland and is performed at the address indicated by the Customer when the Order was placed.
5.2. The ordered Merchandise is delivered by UPS courier. The delivery cost will be indicated during the Order placement.
5.3. The delivery completion time is 1 to 5 working days, counting from the day when the Customer sent the Order.
5.4. Customers can access these Terms and Conditions at any time, using the link placed at the Website's homepage, download it and make a printout.
Recording, securing, making available and confirming important provisions of the Merchandise Sales Agreement for the Customer is done by sending the confirmation printout, Order specification and VAT invoice to the email address indicated by the Customer, as well as attaching them to the package containing the Merchandise.
VI. Prices and payment methods
6.1. Merchandise prices are gross prices, displayed in Euro and contain all components, including VAT (23%). If the purchasing Party is from outside the EU he is obliged to pay customes fees, local taxes any other fees necessary for the proper clearance of the goods.If the purchasing Party has an EU NIP number - it is possible to purchase merchandise at net prices (VAT rate 0%), although only after all necessary data has been previously verified by the store Owner, including the EU NIP number, which the Purchaser will be immediately informed of during the process of Registration in the store.
6.2. The Customer may pay the price:
a) by a transfer to the bank account number:
b) payment by a Visa/Visa Electron, MasterCard/ MasterCard Electronic, Maestro payment card. The payment card is charged when the payment is made.
c) Transaction settlements using credit cards and e-transfers are carried out by Dotpay.pl
VII. Right of withdrawal from the agreement
7.1. Customers who are consumers, as defined by art. 221 of the Civil Code, have - on the grounds of provisions of the law - the right to withdraw from a remote agreement without stating reasons, by composing a relevant written statement within 14 days and sending it to the address of Elprosys Sp. z o.o. provided in these Terms and Conditions.
7.2. The 14-day period is counted from the day when the Merchandise was delivered.
7.3. If a withdrawal from a remote agreement occurs, the agreement is deemed not executed. That which the parties provided is subject to return in unchanged condition, unless the change is necessary within the limits of ordinary management. The return should take place immediately, and no later than within 14 days. The purchased merchandise should be returned to:
ElproSys Sp. z o.o.
ul. Tarnogórska 140
44-102 Gliwice, Polska
7.4. The Merchandise returned by the Customer should be properly packaged, in a way ensuring no damage to the parcel during transport.
7.5. The cost of package and sending the Merchandise will be borne by the Customer.
7.6. In the case of card payments refund will be made directly to the card the Buyer.
VIII. Complaints regarding Merchandise
8.1. Elprosys Sp. z o.o. as the seller is liable towards the Customer, who is a customer as defined by art. 221 of the Civil Code, for inconsistencies with the Sales Agreement concerning the Merchandise purchased by this consumer, to the extent specified by the Act on specific conditions of consumer sales.
8.2. Complaints resulting from infringing the Customer rights guaranteed by law, or on the grounds of these Terms and Conditions, should be directed to: firstname.lastname@example.org. Elprosys Sp. z o.o. commits to examining each complaint within 14 days, and should that be impossible, to inform the Customer within this period of when the complained will be examined.
8.3. Elprosys Sp. z o.o. is a manufacturer of goods and is liable on account of the warranty for the sold Merchandise, on conditions and for the period specified in the warranty card. If the warranty document stipulates so, the Customer can file his or her claims based on warranty directly in an authorised service station, the address of which is provided in the warranty card.
IX. Complaints concerning services provided by electronic means
9.1. Elprosys Sp. z o.o. takes actions in order to ensure correct functioning of the Store to the extent indicated by the state of technical knowledge and commits to removing all irregularities reported by Customers in reasonable time.
9.2. The Customer is obligated to immediately inform Elprosys Sp. z o.o. of any irregularities or interruptions in the functioning of the Internet Store website.
9.3. The Customer can report irregularities related to Store functioning to: Elprosys Sp. z o.o., by email to email@example.com or using the contact form.
9.4. In the complaint, the Customer should provide his or her first name and surname, address for correspondence, type and date of Store functioning irregularity occurring.
9.5. Elprosys Sp. z o.o. commits to examining each complaint within 14 days, and should that be impossible, to inform the Customer within this period of when the complaint will be examined.
X. Information clause for customers and cooperatives of Elprosys Spółka z o.o. seated in Gliwice
ElproSys Spółka z o.o. with registered seat in Gliwice, following the European standards included in particular in Regulation of the European Parliament and of the EU Council 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repeal of the Directive 95/46 / WE, whereas the protection of personal data of individuals is one of the fundamental rights enjoyed by citizens of the European Union, I inform that:
10.1. The Controller of your personal data is ElproSys Spółka z o.o. with registered seat in Gliwice, ul. Tarnogórska 140, entered into the register of entrepreneurs of the District Court in Gliwice under the KRS number: 0000137563;
10.2. The Controller processes the following categories of your personal data:
- name and surname,
- contact phone number if it has been given,
- bank account number,
- number of the device: DiagProg3/DiagProg4.
10.3. Your personal data will be processed with the following purpose(s):
- execution of an agreement on sales and services related to the sales of products such as warranty services,
- execution of an agreement on post-warranty services,
- marketing purposes, through so-called e-mailing.
10.4. Your personal data will not be made available to other recipients.
10.5. Your personal data are processed during the execution of a sales agreement, during provision of services related to the subject of sale, and stored for 6 years from the performance of the last processing activity.
10.6. The basis for the processing of your personal data is:
- conclusion of a sales agreement regarding the products,
- giving consent to realization of marketing purposes.
10.7. The Controller acquired your personal data in connection with the execution of a sales agreement.
10.8. You have the right to:
- request from the Controller the access to your personal data,
- rectify and erase them or restrict their processing,
- raise objection to such processing,
- move the data,
- file a complaint with the supervisory authority,
- withdraw the consent to personal data processing.
10.9. Your personal data are not subject to automated decision making, including profiling.
10.10. To undertake activities regarding the personal data, please contact us in writing at ElproSys Spółka z o.o. with registered seat in Gliwice, ul. Tarnogórska 140 or per e-mail at: firstname.lastname@example.org.
10.11. You have the right to file a complaint in case of identifying unlawful processing of the personal data. The complaint may be filed with the supervisory authority – Personal Data Protection Authority.
XI. End provisions
11.1. Settling possible disputes between Elprosys Sp. z o.o. and Customers who are consumers as defined by art. 221 of the Civil Code, is in the purview of relevant courts in accordance with the provisions of relevant regulations of the Code of Civil Procedure.
11.2. Settling possible disputes between Elprosys Sp. z o.o. and Customers who are not consumers as defined by art. 221 of the Civil Code, is in the purview of the court having jurisdiction over the registered office of Elprosys Sp. z o.o.
11.3. In matters not regulated herein, the provisions of the Civil Code, provisions of the Act on providing services by electronic means, and other relevant provisions of the Polish law apply.