Table of Contents
§ 1. General Provisions
§ 2. Conclusion of the agreement for provision of services by electronic means
§ 3. Conclusion of sales contract
§ 4. Payment, delivery, acceptance
§ 5. Personal information
§ 6. Complaints Termination of the contract
§ 7. Withdrawal from the contract
§ 8. Provisions for Customers who are not Consumers
§ 9. Additional information
§10. Final Provisions
§ 1. General provisions
1.1 These Regulations ("Regulations") regulate the conditions for: a) conclusion of sales contracts through the online store www.adsystem.pl and determines the rules of execution of these contracts. b) provision of marketing content concerning the Online Store by means of the so-called "newsletter". c) provision of services electronically by the Seller.
1.2 The online store ("E-Store") is operated using the domain www.adsystem.pl. The object of the E-Store is the sale of goods available on the pages of the online store.
1.3 The entity operating the E-Store, the Service Provider and the Seller of the Products placed therein is Adsystem Sp. z o.o. (hereinafter: Adsystem) based in Bielany Wrocławskie at 11 Atramentowa Street, 55-040 Kobierzyce, entered in the register of entrepreneurs by the District Court for Wrocław-Fabryczna in Wrocław, VI Economic Department of the National Court Register under KRS: 0000229449, NIP:8942678597, REGON: 932660597; e-mail: Tel: +48 672 672 000, handlowy@adsystem.pl
1.4 Electronic correspondence regarding E-Store activities should be sent to e-mail address: handlowy@adsystem.pl, while traditional (postal) correspondence should be addressed to: Adsystem sp. z o.o., 11 Atramentowa Street, Bielany Wrocławskie, 55-040 Kobierzyce
1.5 The Regulations are addressed to both Consumer and non-Consumer Customers using the Online Shop, Electronic Services or entering into Sales Agreements (with the exception of paragraph 8 of the Regulations, which is addressed exclusively to non-Consumer Customers).
1.6 Orders are carried out on the territory of Poland. About the possibility of processing a foreign order, please ask the Seller.
1.7. Prices in the Online Store are expressed in Polish zloty and include VAT (gross prices). Prices do not include possible shipping costs, which depend on the method of payment and delivery chosen by the Customer.
1.8 Unless expressly indicated in the commercial information, the goods available in the E-Store are new, and the entity responsible for their possible physical and legal defects is ADSYSTEM.
1.9 Acceptance of the Terms and Conditions is voluntary, but necessary in order to create an Account and/or in order for the Customer to place an Order.
1.10. Information presented on the E-Store or, in the case of placing an Order with the use of other means of remote communication, an electronic message with confirmation of the content of the proposed Sales Agreement, referred to in point III item 6 letter a of the Terms and Conditions, constitute an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code, addressed by the Seller to the Customers, and not an offer within the meaning of the Civil Code, even if this information includes the unit price of the goods.
1.11. dictionary:
1.PRICE - the amount of gross remuneration (including tax) due to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement, specified in Polish zlotys or in another currency. The price does not include delivery costs.
2.BUSINESS DAY - one day from Monday to Friday excluding public holidays.
3.PASSWORD - a string of characters necessary for authorization during access to the Account, specified by the Customer when creating the Account. The Customer is obliged not to disclose the password to any third party.
4.CUSTOMER/USER - (1) a natural person; or acting through an authorized person (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; having full legal capacity.
5.CIVIL CODE - the Civil Code Act of April 23, 1964.
6.CONSUMER - a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
7.CUSTOMER ACCOUNT - an Electronic Service, marked with an individual name (Login) and Password provided by the Customer, a set of resources in the Seller's ICT system, allowing the Customer to use additional functionalities/services. The Customer gains access to the Account by means of the Login and Password. The Customer logs into his Account after registering with the E-Store. The Account allows you to save and store information about shipping data, track the status of the Order, access to Orders.
8.CART - a service made available to each Customer who uses the Online Store, which consists in enabling the Customer to place an Order for one or more Products, display a summary of the Price of individual Products and all Products in total (including possible shipping costs). The shopping cart collects offers made by the Customer to conclude a Sales Agreement.
9.LOGIN - Customer's e-mail address provided within the Store when creating an Account.
10.NEWSLETTER - Electronic Service, which allows all Customers using it to receive periodic information from the Seller, in particular about Products, E-Store, including news and promotions, to the e-mail address or telephone number provided by the Customer, with the express consent of the Customer.
11.PRODUCT, GOOD - a movable item available in the E-Store which is the subject of a Sales Agreement between the Customer and the Seller, against payment of a price.
12.REGULATIONS/SERVICE AGREEMENT - this document defines the rules of concluding Sales Agreements and the rules of providing and using services made available by the Seller through the E-Store to the Customers. The Regulations define the rights and obligations of the Customer and the Seller. With regard to services provided electronically, these Regulations are the Regulations referred to in Article 8 of the Act of July 18, 2002 on the provision of services by electronic means.
13.E-STORE, INTERNET SHOP - adsystem.pl platform enabling placing of Orders by the Customer and provision of services made available by the Seller, operated by the Seller.
14.SELLER/SERVICE PROVIDER - Adsystem Sp. z o.o. (hereinafter: Adsystem) based in Bielany Wrocławskie at 11 Atramentowa Street, 55-040 Kobierzyce, entered in the register of entrepreneurs by the District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Department of the National Court Register under KRS: 0000229449, NIP:8942678597, REGON: 932660597, share capital PLN 57500; e-mail: Tel: +48 672 672 000, handlowy@adsystem.pl
15.CONTRACT OF SALE - a contract of sale within the meaning of the Civil Code, concerning the sale by the Seller to the Customer of a Product against payment of the Price plus any additional charges, including shipping costs, the terms and conditions of which are set forth in particular in these Terms and Conditions. The Sales Agreement is concluded between the Customer and the Seller with the use of means of remote communication, after acceptance of the Order by the Seller under the terms and conditions specified in these Regulations. The Sales Agreement specifies, in particular, the Product, its main features, the Price, shipping costs and other relevant terms and conditions. The Seller may also conclude a Sales Agreement with a Customer who is not a Consumer as a result of concluding an agreement bypassing the procedure specified in these Terms and Conditions, which shall be confirmed by e-mail at the request of either party to the Sales Agreement.
16.ELECTRONIC SERVICE - provision of electronic services within the meaning of the Act of July 18, 2002 on the provision of electronic services by the Seller to the Customer through the E-Store, in accordance with the Service Agreement.
17.CONSUMER RIGHTS ACT, ACT - the Act of May 30, 2014 on Consumer Rights.
18.ORDER - the Customer's statement of intent expressing direct intent to conclude a Distance Sales Agreement made using means of remote communication, specifying the Product as to which the Customer makes an offer to conclude a Sales Agreement and the Customer's data necessary for the possible conclusion and execution of the Sales Agreement. The Order is assigned a number. Acceptance of the Order implies conclusion of the Sales Agreement.
19.ESTIMATED TIME FOR PRODUCT FULFILLMENT - is the time expected for the execution of the order from the moment of delivery of the correctly prepared for printing graphic file until the moment of sending the parcel for shipment. It is not the time from the moment the order is placed until the product is delivered to the customer. It is also not the time from when the order is placed to when it is shipped. This is the lead time, which is calculated only from the moment the graphic file is accepted by the system or the graphics department, allowing the production of a specific product.
§ 2 Conclusion of contract for the provision of electronic services
2.1 In the course of operating the E-Store, the Service Provider undertakes to provide Electronic Services to the extent and under the conditions specified in these Regulations.
2.2 Provision of electronic Services by the Service Provider shall be free of charge.
2.3 Terms and conditions for concluding contracts for the provision of Electronic Services:
2.3.1 The contract for the provision of Electronic Services consisting of maintaining a Customer Account in the E-Store shall be concluded at the time of registration.
2.3.2 In order to perform Registration, it is necessary for the Customer to provide the following data in the registration form: name and surname, e-mail address, and Password.
2.3.3. The contract for the provision of an electronic Service consisting of providing an interactive form that allows placing an Order in the Online Store shall be concluded at the moment of commencement of the above Service (adding a Product to the Basket).
2.3.4. The contract for the provision of the Electronic Service Newsletter/commercial offers shall be concluded at the moment of providing on the E-Store website the e-mail address and clicking on the "Subscribe" field, or at the moment when the Customer selected the appropriate check-box at the time of registration, expressing consent to the Newsletter service.
2.3.5 Agreements for the provision of Electronic Service consisting of maintaining a Customer Account and Newsletter/trade offers in the E-Store shall be concluded for an indefinite period of time.
2.3.6. The contract for the provision of Electronic Services consisting of providing an interactive form for placing an Order at the Online Store is concluded for a definite period of time and is terminated at the time of placing the Order.
2.4 Terms of termination of contracts for the provision of Electronic Services:
2.4.1 The User shall have the right to terminate the contract for the provision of continuous electronic services by the Service Provider at any time (e.g. deletion of the User's account). The termination of the contract shall take place without incurring any additional costs and without indicating any reasons:
2.4.1.1 The termination of the contract can be done by sending an appropriate statement to the email address handlowy@adsystem.pl or in writing to the Service Provider's address (indicated at the beginning of these Regulations).
2.4.1.2 The contract in such case shall expire 7 days after the Service Provider receives the termination notice.
2.4.2 The Service Provider shall have the right to terminate the contract for the provision of services by electronic means with 7 days' notice in the event that the User provides content of an unlawful nature.
2.4.3 Termination and termination of the contract shall not involve the loss of rights already acquired by Customers using the Seller's Online Store.
§ 3 Conclusion of sales contract
3.1 The customer can choose the following ways of placing an order: (a) placing an order after prior registration in the E-Store system; b) placing an order without registration, the so-called "fast shopping"; c) placing an order via e-mail;
3.2 A Customer who has placed an Order after prior registration has access to additional options available through the Account, such as: order history, the ability to check what stage of completion an Order is at, and the ability to receive information about news and promotions (if he/she has declared a desire to receive Newsletter/trade offers).
3.3 Registration involves the creation of a Customer Account in the www.adsystem.pl store system. In order to register, the Customer should fill in the registration form available on the E-Store website. The data indicated in the registration form as mandatory are necessary for the proper conclusion and execution of the sales contract. The registration procedure is completed when the Store receives the correct activation of the Account.
3.3.1 Placing an order by registered Customers of the store www.adsystem.pl consists in adding the relevant goods to the Basket. If all the items of interest are in the Cart, it is necessary to place an Order for this purpose we select the option "Proceed to Order Processing". If we have not previously completed the data needed to complete the order (address, contact phone) at this point we will be asked to provide the above data. To complete the ordering process, follow the messages displayed on the E-Store website. The order is placed when you click on the "Order with obligation to pay" button, or any other with equivalent wording.
3.4 In the case of choosing "quick shopping" (paragraph 3.1.b) of the Terms and Conditions), after selecting the Product, click the "add to Cart" icon. , after which you can continue shopping or click the "go to Cart" icon and make a purchase. In order to place an Order, the User will be asked to fill in his/her contact details, billing or invoicing details and shipping details. In the next step, the User is asked to select the delivery method and payment method. The order is placed when the User clicks on the button "Order with obligation to pay" or any other with equivalent wording.
3.5 In order to place an Order by sending an e-mail, an e-mail should be sent to handlowy@adsystem.pl The content of the message should specify the essential provisions of the contract, i.e. subject of the contract, price, quantity.
3.5.1 In the content of the e-mail message, the Customer is obliged to provide the data necessary for the proper shipment of goods (name, surname, delivery address, telephone number). In addition, the customer is required to specify the method of payment processing.
3.6 In the course of placing orders referred to in para. 3.1 of these Regulations, the Customer is obliged to provide data corresponding to the truth.
3.7. Upon receipt of an order by the E-Store system, each time an automatic message will be sent to the e-mail address provided by the Customer confirming receipt of the Order.
3.8 The Seller, in the event of proceeding with the execution of the Order, shall confirm the acceptance of the Order by a separate e-mail message.
3.8.1 An offer made by the Customer and not confirmed by the Seller within 3 working days shall cease to bind the Parties.
3.8.2 The Sales Agreement shall be considered concluded at the moment the Customer receives a message from the Seller, confirming that the Order has been proceeded with (message referred to in item 3.8 of these Regulations).
3.9 The Customer of the E-Store should check whether the submitted Order does not contain any errors, and if it does, he may correct them as follows:
3.9.1. When placing an order, until the moment of pressing the button signifying the placement of the order, the Customer has the possibility of changing the entered data (e.g. type/quantity of goods/way of delivery). In the case of, inconsistencies, please follow the messages displayed to the Customer and the information available on the website of the Online Store and its subsequent sub-pages. In case of any problems or difficulties, please contact us - by e-mail sales@adsystem.pl or by phone at +48 672 672 001.
3.9.2. In accordance with these Regulations, after placing an order, an automatic e-mail message will be sent to the e-mail address provided in the order, confirming receipt of the order. The content of the message will also specify any necessary information about the order. In case of the Customer's mistake regarding the entered data (e.g. quantity of the ordered goods, wrong calculation of the Order by the system), the Customer has the right to change the order. This right is exercised within 2 hours of receipt of confirmation of receipt of the Order on working days until 2:00 pm, and in other cases within 12 hours of receipt of the above confirmation. For this purpose, it is recommended to send an e-mail to: handlowy@adsystem.pl with a request for change, or apply for a change by phone by contacting +48 672 672 000. After correcting the Order, the Seller sends an e-mail to the address provided in the order, which will contain a confirmation of receipt of the corrected Order.
3.10. Orders are handled by the E-Store's customer service department on Working Days, i.e. from Monday to Friday, excluding public holidays, from 9.00 am to 4.00 pm.
3.11. An order, the receipt of which has been confirmed by the E-Store system (item 3.7) shall constitute an offer within the meaning of Article 66 § 1 of the Civil Code and shall constitute the basis for the conclusion of a Sales Agreement between the Customer and the Seller.
3.12. The conclusion of the Contract of Sale of the Products which are the subject of the Order shall occur at the moment of receipt by the Customer of information on acceptance of the Order for execution made in accordance with point 3.8.
§ 4 Payment, delivery, collection
4.1 Payment:
4.1.1 In consideration of the execution of the Sales Agreement, the Customer shall pay the Price of the Products indicated in the Order and the cost of their shipment.
4.1.2 The Price of particular goods presented in the E-Store is the Gross Price expressed in Polish Zloty (PLN) including also the value added tax due at the applicable rate. However, the Prices shown do not include the cost of possible shipment, which will be indicated when placing the Order.
4.1.3. Payment shall be made in the form selected by the Customer: (a) cash : payment on delivery or payment at the Seller's premises (when choosing the option "Personal collection"); b) non-cash: payment by bank transfer to the Seller's account. The day of payment is the day of crediting the Seller's account.
4.1.4 In case the Seller does not receive the payment of the Customer who has chosen to pay in advance, i.e. payment by bank transfer, electronic payment or payment by credit card, the Seller may contact the Customer to remind him of the payment. Failure to make payment within 3 days of the Order will result in non-acceptance of the offer made by the Customer under the Order.
4.1.5 The payment card operator is PayPro SA Settlement Agent, 15 Kanclerska St., 60-327 Poznan, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068.
4.2 Shipping of goods:
4.2.1 The time of preparing the Order for shipment is calculated from the moment of: (a) crediting the Seller's bank account or checking account - if the Customer chooses payment by bank transfer, electronic payment or payment card. b) conclusion of the Sales Agreement - in case the Customer chooses cash on delivery payment method. The time of preparing an order for shipment is not equal to the estimated or expected completion of the Order. The expected or otherwise estimated time of Order completion is counted from the moment the graphic file is accepted by the system that checks graphic files or by the graphic department, which allows the production of the ordered product. The time of preparation of an order for shipment is indicated under a given product on the E-shop website and is generally 1 to 3 working days, with the proviso that in the case of individual projects or increased production load, the preparation time may be different. Delivery time should be added to the order processing time, which, depending on the selected courier company, ranges from 24h to 72h.
4.2.2 The shipment of ordered Products takes place only to addresses located on the territory of Poland. About the possibility of processing a foreign order, the Seller should be asked.
4.2.3. In the absence of contrary provisions, the Seller undertakes to execute the subject of the Contract, within no more than thirty days after the submission by the Customer of a declaration of intent to conclude a contract (Section 3.7).
4.2.4 The delivery time depends on the method of delivery/collection of goods chosen by the Customer and should not exceed 7 working days. 4.2.3. The Seller entrusts the delivery of Products to third parties conducting business in this area, i.e.: 1.GENERAL LOGISTICS SYSTEMS POLAND sp. z o.o., Tęczowa 10, 62-052 Głuchowo, NIP 7851561831, REGON 631058749, registered in the Register of Entrepreneurs of the National Court Register under number 0000005009 2.DHL Express (Poland) Sp. z o.o. 2 Osmańska Street, 02-823 Warsaw, NIP 5270022391, REGON 12005407, entered in the Register of Entrepreneurs of the National Court Register under number 0000047237 3.DPD POLSKA Sp. z o.o. 15 Mineralna St., 02-274 Warsaw, NIP 5260204110, REGON 012026421, entered in the Register of Entrepreneurs of the National Court Register under number 0000028368.
4.3 Collection of goods:
4.3.1 The Seller informs that Customers have the right to check the condition of the shipment after its delivery to the place indicated in the Order. Inspection of the condition of the shipment is entitled before its collection from the carrier.
4.3.2. If, before delivery of the consignment, it is found that it has been damaged or has suffered a loss, the carrier is obliged to immediately determine the condition of the consignment and the circumstances in which the damage occurred. However, in most cases, the Carrier performs these actions at the request of the person entitled to receive the consignment.
4.3.3 Please be advised that if after delivery of the consignment you notice a defect or damage that cannot be seen from the outside, then at the request of the Customer reported immediately to the carrier after the discovery of the damage, but no later than within 7 days from the date of receipt of the consignment, the carrier shall determine the condition of the consignment.
4.3.4 In case of any problems or doubts, please contact the Seller at the telephone numbers indicated on the Seller's website.
§ 5 Personal data
5.1.The administrator of the Customers' personal data is Adsystem Sp. z o.o. with its registered office in Bielany Wrocławskie at 11 Atramentowa Street, 55-040 Kobierzyce, entered in the register of entrepreneurs by the District Court for Wrocław-Fabryczna in Wrocław, VI Economic Department of the National Court Register under KRS: 0000229449, NIP:8942678597, REGON: 932660597, share capital PLN 57500; e-mail: Tel: +48 672 672 001, sales@adsystem.pl
5.2.Customers' personal data are processed for the purpose of realization of Contracts concluded within the scope of E-Store's activity (preparation, conclusion and realization of the sales contract, maintenance of the Customer's Account) on the basis of Article 6(1)(b) of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016. on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and the repeal of Directive 95/46/EC(hereinafter: "RODO") and marketing of own products (sending messages containing commercial information (with prior consent expressed in the form of subscription to the Newsletter) on the basis of Article 6(1)(a) RODO and responses to inquiries addressed to the Seller.
5.3.The Administrator may process in particular the following personal data of Customers: a) personal data of the Customer provided in the form when registering the Account, placing Orders in the Online Store (in particular: name and surname; e-mail address; contact telephone number; address of residence/business/site, bank account number, and in the case of Customers who are not consumers, additionally company name and NIP number); b) personal data provided for the use of the newsletter, provided when using the contact form, or provided when filing a complaint;
5.4. Personal data shall be processed in accordance with the regulations on the protection of personal data, in accordance with the implemented data protection policy, and shall be processed to the extent and for the purpose necessary to establish, shape the content of the Agreement, amend or terminate it and properly perform the Services provided electronically.
5.5. The Data Administrator has implemented technical and organizational measures to protect the personal data provided by the Customers from disclosure to unauthorized persons or entities.
5.6. Customers' personal data may be transferred to: a) to the carrier or intermediary carrying out shipments on behalf of the Data Controller - in the case of a Customer who uses postal or courier delivery method in the Online Store. b) to the entity handling payments in the Internet Shop - in case of a Customer who uses the electronic or credit card payment method in the Internet Shop. c)to the entity performing tax settlements of the Online Store - in the case of Customers who have concluded a sales contract with the Data Controller. d) to the entity providing software for running the Online Store or to the company hosting the Online Store, in terms of operation and proper functioning of the Online Store.
5.7. Only data necessary for the proper performance of the service shall be provided to the entities indicated in § 5.4.
5.8. The data controller shall have the right to make the Customer's personal data available to entities authorized under specific laws (e.g. law enforcement agencies).
5.9. Unless otherwise stipulated by law, the Data Controller shall keep the Customer's personal data for as long as it is necessary to fulfill the purposes for which the aforementioned data were collected. The Data Controller reserves the right to process the Customer's personal data after the termination of the contract or withdrawal of consent only to the extent for the purpose of pursuing possible claims in court or if national or EU regulations or international law oblige the Data Controller to data retention
5.10.The Customer whose personal data is processed by the Data Controller has the right to access the data, rectification, deletion of the data (in cases described in Article 17 of RODO), limitation of its processing, the right to object, the right to data transfer and also the right to lodge a complaint to the supervisory authority, which is the Office for Personal Data Protection.
5.11.The Data Controller reserves the right to process Customers' Personal Data after the termination of the contract or withdrawal of consent only to the extent for the purpose of pursuing possible claims in court or if national or EU regulations or international law oblige the Data Controller to retain the data.
5.12.Providing Personal Data by the Customer in the Online Store is voluntary, but it is necessary to use certain functionalities of our store, for example, to place an Order by the Customer and to settle it (to conclude and execute a Sales Agreement), to register an Account (to conclude and execute a Service Agreement), to subscribe to a newsletter, to handle complaints.
5.13.Contact with the person supervising the processing of personal data is possible by e-mail at: handlowy@adsystem.pl or by mail to Adsystem sp. z o.o. Bielany Wrocławskie ul. Atramentowa 11, 55-040 Kobierzyce.
§ 6 Consumer Complaints
6.1 In the case of non-compliance of the Goods with the contract, the Consumer shall have the rights specified in Chapter 5A of the Act on Consumer Rights of May 30, 2014.
6.2 The Goods are in conformity with the contract if they meet the conditions described in Article 43b. of the Consumer Rights Act of May 30, 2014.
6.3 The entrepreneur shall be liable for the non-conformity of the Goods with the contract existing at the time of delivery and revealed within two years from that time.
6.4 If the Goods do not comply with the Sales Contract, the Consumer may exercise, at his/her choice, his/her rights under the warranty (if provided) or, independently, his/her rights from Adsystem under the liability for non-compliance of the Product with the Sales Contract. Exercising rights under the warranty does not affect Adsystem's liability for non-compliance of the Product with the Sales Agreement. The Consumer may exercise his/her rights for nonconformity of the Products with the Sales Agreement independently of the rights under the warranty.
6.5 If the Goods are inconsistent with the contract, the Consumer may request repair or replacement. 1) The Seller may make a replacement when the Consumer demands repair, or the entrepreneur may make a repair when the Consumer demands replacement, if bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the goods into conformity with the contract. 2) The Seller shall repair or replace the goods within a reasonable time from the moment the Seller is informed by the Consumer of the lack of conformity with the contract, and without excessive inconvenience to the Consumer, taking into account the nature of the goods and the purpose for which the Consumer purchased them. The cost of repair or replacement, including in particular the cost of postage, transportation, labor and materials, shall be borne by the Seller. The Consumer shall make the Goods subject to repair or replacement available to the Seller.
6.6 If the Goods are inconsistent with the Contract, the Consumer may make a statement on reduction of the Price or withdrawal from the Contract in the following situations (closed catalog): 1) Adsystem has refused to bring the Goods into conformity with the Contract in accordance with Section 6.5(1) of the Regulations; 2) Adsystem has failed to bring the Goods into conformity with the Contract in accordance with 6.5 item 2)Regulations; 3) the non-conformity of the Goods with the Contract continues even though Adsystem has attempted to bring the Goods into conformity with the Contract; 4) the lack of conformity of the Goods with the Contract is so significant that it justifies either a reduction in price or withdrawal from the Contract without first taking advantage of the protections set forth in Section 6.5. of the Terms and Conditions; 5) it is clear from Adsystem's statement or circumstances that it will not bring the Goods into conformity with the Contract within a reasonable time or without undue inconvenience to the Consumer. The reduced price must remain in such proportion to the price under the Contract as the value of the non-conforming Goods remains to the value of the conforming Goods. Adsystem shall refund to the Consumer the amounts due as a result of exercising the right to reduce the Price immediately, but no later than within 14 days from the date of receipt of the Consumer's statement on price reduction. The Consumer may not withdraw from the Contract if the lack of conformity of the Goods with the Contract is insignificant. This does not preclude the Consumer from exercising his right to withdraw from the Sales Agreement in accordance with the provisions set forth in § 7. of the Terms and Conditions.
6.7 In the event of withdrawal from the Contract, the Consumer shall immediately return the Goods to Adsystem at its expense. Adsystem shall return the Price to the Consumer immediately, but no later than within 14 days of receipt of the Goods. Adsystem shall return the Price using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not incur any costs for the Consumer.
6.8 All Complaints must be submitted in writing or by email to handlowy@adsystem.pl In order to speed up and facilitate the process of processing the complaint, it is recommended to send with the complaint any additional information such as the name of the ordering party, the reasons for the claim, the claim being made, the order number, the date of sale, proof of purchase, etc. In case of sending the Goods for repair or return of the Goods (in case of withdrawal from the Contract), the packaging of the Product should protect it from damage during transport and the Prouct should be complete. The complaint shall be considered immediately, but no later than within 14 days. The response to the complaint will be sent to the e-mail address provided by the Customer or in any other way indicated by the Customer. In the case of disregarding a complaint about a Product that has been sent to us, the Product will be returned, together with the reasons for considering the complaint as unfounded. If the complaint is accepted, in a manner that justifies the return of the payment made for the delivery of the selected Product, in accordance with Section 6.6.
6.9 Complaints related to the provision of services electronically through the Online Store should be submitted to the e-mail address handlowy@adsystem.pl or by letter to the address of the store: Adsystem sp. z o.o. ul. Atramentowa 11, Bielany Wrocławskie 55-040 Kobierzyce. In order to facilitate and accelerate the consideration of the complaint, it is recommended to provide in the message specified in item. 1 such information as e-mail address of the type, date of occurrence of the irregularity and contact information. Consideration of a complaint related to the provision of electronic services is carried out immediately, no later than within 14 working days. The response to the complaint is sent to the User's e-mail address or in any other manner provided by the User.
6.10. Adsystem shall not be liable for defects resulting from unauthorized, unintended or improper use, intentional damage, negligence, abnormal environmental conditions, failure to comply with Adsystem's instructions (oral or written), alterations, including in particular alterations to assembly systems or repair of goods performed by third parties without Adsystem's consent.
6.11. If, at the latest at the time of the conclusion of the Sales Agreement, the Consumer has been expressly informed that a specific feature of the Product deviates from the requirements for compliance with the Sales Agreement set forth in Article 43b Paragraphs 2 and 3 of the Law of May 30, 2014 on Consumer Rights and the Consumer has expressly and separately accepted the lack of this feature of the Product, Adsystem shall not be liable for the lack of compliance of this Product with the Sales Agreement to the extent of these requirements.
§ 7 Withdrawal from the contract
7.1 A customer who is also a Consumer who has concluded a remote agreement may withdraw from it without giving reasons, making a statement within fourteen (14) days. To meet this deadline it is sufficient to send the statement before its expiration. The statement may be made, at your choice: 1) using the model form on withdrawal from the contract (conforming to the statutory model form referred to in Article 30(1) of the Law on Consumer Rights), attached to these Regulations, or 2) to the e-mail address: handlowy@adsystem.pl or 3) to the address: ADSYSTEM sp. z o.o. , 11 Atramentowa Street, Bielany Wrocławskie 55-040 Kobierzyce. The date of receipt of your notice shall be deemed to be the date on which it was sent.
7.2 The fourteen-day period in which the Consumer may withdraw from the Sales Agreement or the Agreement for the provision of Electronic Services shall be counted from the date of release of the Product in the case of the Sales Agreement, and when the Agreement concerns the provision of Electronic Services - from the date of its conclusion.
7.3 The Seller shall immediately upon receipt of the statement of withdrawal send to the Consumer by e-mail confirmation of receipt of the above statement.
7.4 In the event of withdrawal from the contract - the Sales Agreement or the Agreement for the provision of Electronic Services shall be considered as not concluded. What the Parties have provided shall be returned unchanged, unless the change was necessary to ascertain the nature, characteristics and functioning of the thing, or paragraph 7.7 applies. The return should be made immediately, no later than within fourteen days.
7.5 The Seller shall refund the payment received from the Consumer using the same method of payment used by the Consumer, unless the Consumer expressly agrees to a different method of return that does not involve any costs for him. The Seller may withhold reimbursement of payments received from the Consumer until it receives the item back or the Consumer provides proof of its return, whichever event occurs first.
7.6 The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 days from the date on which he withdrew from the Sales Agreement, or give it to a person authorized by the Seller to receive it. To meet the deadline it is sufficient to return the Product before its expiration to the address: ADSYSTEM sp. z o.o. , 11 Atramentowa Street, Bielany Wrocławskie 55-040 Kobierzyce. The Consumer shall bear only the direct costs of returning the item to the Seller.
7.7 If the Consumer has chosen a method of delivery of the item other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for any additional costs incurred by the Consumer.
7.8 The Consumer shall be liable for any diminution in the value of the item resulting from the use of the item beyond what is necessary to ascertain the nature, characteristics and functioning of the item.
7.9 The right of withdrawal from a contract concluded at a distance shall not be granted to the Consumer in respect of contracts: 1) for the provision of services for which the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the consumer, who was informed before the start of the service that after the performance by the entrepreneur will lose the right to withdraw from the contract, and has accepted it; 2) in which the price or remuneration depends on fluctuations in the financial market, over which the trader has no control, and which may occur before the expiration of the deadline for withdrawal from the contract; 3) in which the subject of performance is a non-refabricated good, produced to the consumer's specifications or serving to meet his individualized needs; 4) in which the subject of the performance is goods that are perishable or have a short shelf life; 5) in which the subject of performance is goods delivered in sealed packaging, which after opening the packaging cannot be returned for health or hygiene reasons, if the packaging has been opened after delivery; 6) in which the subject of performance are goods that after delivery, due to their nature, are inseparably combined with other goods; 7) in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control; 8) in which the consumer expressly requested that the trader come to him for urgent repair or maintenance; if the trader provides additional services other than those requested by the consumer, or supplies goods other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or goods; 9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; 10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; 11) concluded through a public auction; 12) for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; 13) for the provision of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the trader has started the performance with the express and prior consent of the consumer, who was informed before the start of the performance that after the performance by the trader he will lose the right to withdraw from the contract, and has accepted it, and the trader has provided the consumer with the confirmation referred to in Article 15 (1) and (2) or Article 21 (1); 14) for the provision of services for which the consumer is obliged to pay the price, where the consumer has expressly requested the entrepreneur to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
7.10 At the latest at the time of delivery of the item, the Seller shall provide the Consumer on a durable medium with instructions on withdrawal from the contract.
§ 8 Provisions for Customers who are not Consumers
8.1 This paragraph applies only to Customers who are not Consumers.
8.2 The Seller shall have the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
8.3 In case of Customers who are not Consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.
8.4 Upon release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product shall pass to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, as well as for the delay in transportation of the shipment.
8.5 In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a Consumer is excluded.
8.6 In the case of Customers who are not Consumers, the Seller may terminate the Service Agreement with immediate effect and without indicating the reasons by sending the Customer an appropriate statement in any form.
8.7 Neither the Seller nor its employees, authorized representatives and agents shall be liable to the Customer, its subcontractors, employees, authorized representatives and/or agents for any damages, including loss of profits, unless the damage was caused by them intentionally.
8.8 Whenever the liability of the Seller, its employees, authorized representatives and/or attorneys is established, such liability with respect to the Customer who is not a Consumer, regardless of its legal basis, shall be limited - both as a single claim and for all claims in the aggregate - to the amount of the Price paid and delivery costs under the last Sales Contract, but no more than one thousand zlotys.
8.9 Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Seller's registered office.
8.10. With respect to Customers who are not Consumers, the Seller may amend the Terms and Conditions at any time under the generally applicable provisions of law.
8.11. The provisions of this § 8 of the Terms and Conditions shall not apply to Customers who are natural persons conducting business activity concluding a Sales Agreement with us directly related to their business activity, when it follows from the content of this Sales Agreement that it does not have a professional character for the Customer, resulting in particular from the subject of his/her business activity, as defined on the basis of the provisions on the Central Register and Information on Business Activity. The Customers referred to in the preceding sentence are also entitled to withdraw from the Sales Agreement, under the rules provided for the Consumer in § 7. of the Regulations.
§ 9 Additional information
9.1 In order to avoid possible discrepancies or errors, it is recommended that the device with which the Customer uses the E-Store should meet at least the following technical requirements, which are necessary for cooperation with the information and communication system used by the Service Provider:
9.1.1. A computer or other mobile device with access to the Internet;
9.1.2. Web browser: Mozilla Firefox 8.0 , Internet Explorer 6.0 , Chrome 32.0 or higher versions;
9.1.3 Active plug-ins - JAVA, FLASH;
9.1.4. monitor resolution 1280 x 800, colors 24 or 32 bit; 9.1.5 User's possession of an e-mail account.
9.2 Recording, securing and making available the content of the concluded Agreement shall be:
9.2.1 By sending to the Customer at the e-mail address provided confirmation of the concluded Agreement.
9.2.2. By printing and providing the Customer with the receipt or shipment of goods with the order specification and proof of purchase. The content of the concluded Contract is additionally recorded and secured in the Seller's data communications system and transmitted to the Customers on each of their requests.
9.3 In matters not regulated by these Terms and Conditions, the provisions of the law in force on the territory of the Republic of Poland shall apply, including the Civil Code, the Act on declaration of services by electronic means of July 18, 2002. The Act on Consumer Rights of May 30, 2014 and other relevant provisions of Polish law.
9.4 Changes to the Terms and Conditions:
9.4.1. the Seller/Service Provider reserves the right to make changes to these Terms and Conditions due to, among other things, e.g. changes in the law, change in the profile of the E-Store, change in the data of the Seller/Service Provider, etc., of which the Customer will be notified at least 14 days in advance before the effective date of the changes. Information about the changes will also be clearly expressed by posting on the E-Store website and sent to the registered Customer's e-mail address. In addition, each time the Customer will be asked to accept the new Regulations before placing an Order.
9.4.2 The amended Regulations shall be binding on the Customer if the requirements set forth in Article 384 of the Civil Code have been met (i.e. the Customer has been properly notified of the changes), and the Customer has not terminated the agreement for the provision of continuous electronic services within 30 days.
9.4.3 Amendments to the Terms and Conditions will not in any way affect the rights acquired by Customers using the E-Store before the effective date of the amendments, in particular, they will not affect the Orders placed and/or executed. In such a case, the orders will be executed according to the rules set forth in the previous Regulations.
9.5 A Customer who is a Consumer, in the case of a dispute with the Seller, has the possibility to use out-of-court ways of processing complaints and pursuing claims. Among other things, the Consumer may: a) apply to a permanent amicable consumer court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement. b) apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable termination of a dispute between the Customer and the Seller. c) obtain free assistance in resolving a dispute between the Customer and the Seller, using free assistance from the county (city) Consumer Ombudsman or a social organization whose statutory tasks include protection of consumers (such as the Consumer Federation, Association of Polish Consumers).
9.6 Any disputes arising between the Seller and a Customer who is not a Consumer within the meaning of Article 22[1] of the Civil Code of April 23, 1964 shall be submitted to the court having jurisdiction over the Seller's registered office.
§ 10 Final Provisions
10.1 This version of the Regulations is effective from 23.01.2023.
10.2 The Regulations are available at the following Internet address: https://www.adsystem.pl/information#shop-regulation.
10.3 Contracts and Sales Agreements shall be concluded in the Polish language.
10.4. recording, securing, making available and confirming to the Customer the important provisions of the concluded Sales Agreement shall be made by sending the Customer an email informing about completing and sending the Order and by attaching a delivery note to the shipment. The content of the Sales Agreement is additionally recorded and secured in the computer system.
Appendix No. 1 to the Regulations
Model withdrawal form (This form should be filled out and sent back only if you wish to withdraw from the contract).
- Address: e-mail handlowy@adsystem.pl or by letter to the address of the store: Adsystem sp. z o.o. , ul. Atramentowa 11, Bielany Wrocławskie 55-040 Kobierzyce.
- I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following items(*) contract of delivery of the following items(*) contract of workmanship of the following items(*)/provision of the following service(*)
- Date of conclusion of the contract(*)/collection(*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if the form is sent on paper)
- Date
(*) Delete as appropriate
OLD TERMS & CONDITIONS
Table of contents
§ 1. General regulations
§ 2. Conclusion of the agreement for the provision of services by electronic means
§ 3 Conclusion of the Sales Agreement
§ 4 Payment, delivery, acceptance
§ 5 Personal data
§ 6 Complaints
§ 7 Withdrawal from the Agreement
§ 8.Provisions applicable to Customers who are not Consumers
§ 9.Additional information
§ 1.General regulations
1.1 These Terms and Conditions (" Terms and Conditions") regulate the conditions:
a) conclusion of sales agreements via the online shop www.adsystem.pl and determines the principles of execution of these agreements.
b) delivery of marketing content concerning the Internet Shop by use of a so-called newsletter
c) provision of electronic services by the Seller.
1.2 The Internet Shop (" Online Shop") is operated by means of the domain www.adsystem.pl. The object of activity of the Online Shop is to sell goods available on the websites of the Online Store.
1.3 Adsystem Sp. z o.o. is the entity running the online shop, Provider and Seller of the Products placed therein. (hereinafter: Adsystem) based in Bielany Wrocławskie at ul. Atramentowa 11, 55-040 Kobierzyce, entered into the register of entrepreneurs by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Department of the National Court Register under the following KRS number: 0000229449, NIP:8942678597, REGON: 9326605970000, initial capital: 57500 PLN; e-mail: Tel: +48 672 672 000, handlowy@adsystem.pl
1.4 Electronic correspondence concerning the operation of the Online Shop should be sent to the following e-mail address: handlowy@adsystem.pl, while traditional (postal) correspondence should be addressed to: Adsystem sp. z o.o., 11 Atramentowa Street, Bielany Wrocławskie, 55-040 Kobierzyce
1.5 The Terms and Conditions are addressed to both Consumers and Non-Consumers using the Online Shop, Electronic Services or concluding Sales Agreements (except for paragraph 8 of the Terms and Conditions, which is addressed exclusively to Non-Consumers).
1.6 Orders are realized in Poland. The Seller should be asked about the possibility of processing foreign orders.
1.7 Prices in the Online Shop are expressed for orders up to a total package weight of 30 kg and over 30 kg. in Polish zloty and include VAT (gross prices). Prices do not include possible shipping costs, which depend on the method of payment and delivery chosen by the Customer.
1.8 Unless expressly indicated in the commercial information, the goods available in the Online Shop are new and ADSYSTEM is responsible for their possible material and legal defects.
1.9 Acceptance of the Terms and Conditions is voluntary, but necessary in order to create an Account and/or in order for the Customer to place an Order.
1.10. Information presented in the Online Shop or, in the case of placing Orders using other means of distance communication, an electronic message with confirmation of the content of a proposed Sales Agreement, as referred to in point III item 6 letter a of the Terms and Conditions, constitute an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code, directed by the Seller to the Customers, and not an offer within the meaning of the Civil Code, even if this information includes a unit price of the goods.
1.11. Vocabulary:
PRICE - defined in Polish zloty or in another currency amount of gross remuneration (including tax) due to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement. The price does not include delivery costs.
WORKING DAY - one day from Monday to Friday excluding public holidays.
PASSWORD - a sequence of characters necessary for authentication when accessing the Account, defined by the Customer when creating the Account. The Customer shall be obliged not to disclose the password to any third parties.
CUSTOMER/USER - (1) a natural person; or acting through an authorized person (2) a legal person; or (3) an organizational unit without legal personality, to which legal capacity is granted by law; having full legal capacity.
CIVIL CODE - the Civil Code Act of 23 April 1964.
CONSUMER - a natural person making a legal action with the entrepreneur not directly related to his/her business or professional activity.
CUSTOMER ACCOUNT - Electronic Service, marked with an individual name (Login) and Password given by the Customer, a set of resources in the Seller's ICT system, allowing the Customer to use additional functionality/services. The Customer obtains access to an Account by means of a Login and Password. A Customer logs into his/her Account after the registration in the Online Shop. The Account allows saving and storing information about the data for shipment, tracking the status of the Order, access to Orders.
BASKET - a service made available to each Customer who uses the Online Shop, which consists of placing an Order for one or several Products, displaying a summary of the price of individual Products and all the Products together (including possible shipping costs). The shopping basket collects the Customer's offers to conclude a Sales Agreement.
LOGIN - Customer's e-mail address given within the Shop when creating an Account.
NEWSLETTER - Electronic Service, which enables all Clients using it to receive periodic information from the Seller, in particular about Products, the Online Shop, including news and promotions, to the e-mail address or telephone number given by the Client, with the Client's express consent.
PRODUCT - a movable item available in the Online Shop, being the subject of the Sales Agreement between the Customer and the Seller, against payment of a price.
REGULATION/SERVICE AGREEMENT - this document defines the rules of concluding Sale Agreements and rules of providing and using services made available by the Seller via the Online Shop to the Clients. The Regulations define the rights and obligations of the Customer and the Seller. Within the scope of services provided electronically, these Regulations are the Regulations referred to in art. 8 of the Act of 18 July 2002 on provision of services electronically.
ONLINE STORE , E-STORE - adsystem.pl platform enabling placing of Orders by the Customer and providing of services made available by the Seller, operated by the Seller.
SELLER/ SERVICE PROVIDER - Adsystem Sp. z o.o. (hereinafter: Adsystem) with its registered seat in Bielany Wrocławskie at ul. Atramentowa 11, 55-040 Kobierzyce, entered into the Register of Entrepreneurs by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Department of the National Court Register under KRS no.: 0000229449, NIP:8942678597, REGON: 9326605970000, share capital 57500 PLN; e-mail: Tel: +48 672 672 000, handlowy@adsystem.pl
SALE CONTRACT - a Sales Contract as defined by the Civil Code, concerning the sale of a Product by the Seller to the Customer for the payment of the Price plus any extra charges, including shipping costs, the conditions of which are defined in particular by these Terms and Conditions. Sales Agreement is concluded between the Customer and the Seller with the use of means of distance communication, after acceptance of the Order by the Seller on the terms specified in these Regulations. The Sales Agreement specifies in particular the Product, its main features, Price, shipping costs and other important conditions. The Seller may conclude a Sales Agreement with a Customer who is not a Consumer also as a result of concluding an agreement without following the procedure specified in these Terms and Conditions, which shall be confirmed by e-mail at the request of either of the parties to the Sales Agreement.
ELECTRONIC SERVICE - provision of services electronically within the meaning of the Act of 18 July 2002 on provision of services electronically by the Seller to the Customer through the Online Shop, in accordance with the Service Agreement.
CONSUMER RIGHTS ACT, ACT - the Act of 30 May 2014 on consumer rights.
ORDER - the Customer's declaration of will expressing a direct will to conclude a Distance Sales Agreement submitted by means of distance communication, specifying the Product as to which the Customer submits an offer to conclude a Sales Agreement and the Customer's data necessary for the possible conclusion and performance of the Sales Agreement. The Order is assigned a number. Acceptance of the Order means concluding the Sales Agreement.
§ 2 Conclusion of agreement on the provision of services by electronic means
2.1 Within the framework of running the Online Shop, the Service Provider undertakes to provide Electronic Services to the extent and under the conditions specified in these Terms of Use.
2.2 Provision of electronic Services by the Service Provider is free of charge.
2.3 Conditions for conclusion of agreements for the provision of Electronic Services:
2.3.1 The agreement for the provision of an Electronic Service consisting in the maintenance of a Customer Account in the Online Shop shall be concluded at the moment of registration.
2.3.2 In order to make a Registration, it is necessary for the Customer to provide the following data in the registration form: name and surname, e-mail address and Password.
2.3.3. The contract for the provision of the Electronic Service consisting in making available an interactive form for placing an Order in the online Shop shall be concluded at the moment of commencing the above Service (adding the Product to the Basket).
2.3.4. The contract for provision of an electronic Service Newsletter / commercial offers shall be concluded at the moment of providing the Online-Shop website with an electronic mail address and clicking the field "Sign up" or the moment the Customer selected the appropriate check-box during registration, expressing consent to the Newsletter service.
2.3.5 Agreements on provision of Electronic Services consisting in maintenance of a Customer Account and Newsletter / commercial offers in the Online Shop are concluded for an indefinite period of time.
2.3.6 The agreement for the provision of electronic services consisting in the provision of an interactive form for placing an Order at the Online Store is concluded for a definite period of time and terminates at the moment of placing the Order.
2.4 Conditions of termination of contracts for the provision of Electronic Services:
2.4.1 The User shall have the right to terminate the agreement for the provision of continuous electronic services by the Service Provider at any time (e.g. deletion of the User's account). Termination of the contract shall be without any additional costs and without indication of reasons:
2.4.1.1 The contract may be terminated by sending an appropriate statement to the email address handlowy@adsystem.pl or in writing to the Service Provider's address (indicated at the beginning of these Regulations).
2.4.1.2 In such a case the Agreement shall expire 7 days after receipt of the termination notice by the Service Provider.
2.4.2 The Service Provider has the right to terminate the agreement for provision of services by electronic means with 7 days notice in case when the User provides the content of illegal nature.
2.4.3 The termination and dissolution of the contract does not involve the loss of rights already acquired by Customers using the Seller's Online Shop.
§ 3 Conclusion of the sales contract
3.1 The Customer may choose the following methods of placing an order:
a) placing an order after prior registration in the E-Store system;
b) placing an order without registration, so called "quick shopping";
c) placing an order via e-mail;
3.2 The Customer who has placed an Order after prior registration has access to additional options available through an Account, such as order history, the ability to check at what stage of completion an Order is placed and the ability to receive information about new products and promotions (if they have declared a wish to receive the Newsletter / commercial offers).
3.3 Registration consists in creating a Customer Account in the shop system www.adsystem.pl. In order to register, the Customer should fill in the registration form available on the E-Store website. Data indicated in the registration form as mandatory are necessary for the proper conclusion and performance of the sales contract. The registration procedure is completed when the Store receives the correct activation of the Account.
Placing an order by the registered Customers of the www.adsystem.pl shop consists of adding relevant goods to the Basket. If all the items we are interested in are in the Basket, we have to place an Order by choosing the option "Proceed to the checkout". If you have not previously filled in the data needed to complete the order (address, contact telephone number) at this point you will be asked to provide the above data. To complete the ordering process, follow the messages displayed on the E-shop website. The order is placed when you click on the button "Order with duty of payment", or another with equivalent wording.
3.4 In the case of choosing "fast shopping" (paragraph 3.1.b) of the Terms and Conditions), after selecting the Product, click on the "Add to basket" icon after which you can continue shopping or click on the icon "go to the Basket " and complete your purchase. In order to place an Order, the User will be asked to fill in his/her contact details, billing and shipping data. In the next step the User is asked to choose the method of delivery and the method of payment. The Order is placed when the User clicks on the button "Order with obligation to pay", or any other button with equivalent wording.
3.5 In order to place an Order by sending an e-mail, it is necessary to send an e-mail to the address handlowy@adsystem.pl. The content of the message should specify the essential provisions of the contract, i.e. the subject of the contract, price, quantity.
3.5.1 In the content of the e-mail message the Customer is obliged to provide data necessary for the proper dispatch of goods (name, surname, delivery address, telephone number). In addition, the Customer is obliged to specify the method of payment.
3.6 In the course of placing the orders referred to in point 3.1 of these Terms and Conditions the Customer is obliged to specify the method of payment. 3.6. When placing the orders referred to in point 3.1 of these Terms and Conditions, the Customer is obliged to provide data corresponding to the truth.
3.7. After receiving an order by the E-Store system, each time an automatic message will be sent to the e-mail address provided by the Customer, confirming that the Order has been received.
3.8. In the case of proceeding to the execution of the Order, the Seller will confirm the acceptance of the Order with a separate email message.
3.8.1. An offer made by the Customer and not confirmed by the Seller within 3 working days will cease to be binding for the Parties.
3.8.2 The Sales Agreement shall be considered concluded at the moment the Customer receives the message from the Seller confirming the commencement of processing of the order (message referred to in point 3.8 of these Regulations).
3.9. The Customer of the E-store should check whether the submitted Order does not contain errors, and if it does, he may correct it as follows:
3.9.1. When placing an order, until the button indicating the order placement is pressed, the Customer has the possibility of changing the entered data (e.g. type/quantity of goods/means of delivery). In case of any inconsistencies, please follow the messages displayed to the Customer and the information available on the Store's website and its subpages. In case of any problems or difficulties, please contact us by e-mail at handlowy@adsystem.pl or by phone at +48 672 672 000.
3.9.2. According to these Terms and Conditions, after placing an order, an automatic e-mail will be sent to the e-mail address provided in the order to confirm receipt of the order. The content of the message will also specify any necessary information about the order. In the case of an error by the Customer with respect to the entered data (e.g. quantity of the ordered goods, incorrect calculation of the Order by the system), the Customer has the right to change the order. The Customer has the right to change the order within 2 hours of receiving the confirmation of receipt of the Order until 2 p.m. on working days, and within 12 hours of receiving the above confirmation in other cases. For this purpose, it is recommended to send an e-mail to: handlowy@adsystem.pl with a request for change, or make a request for change by phone by contacting the telephone number +48 672 672 000. After correcting the Order, the Seller sends an e-mail to the address given in the Order, which will contain a confirmation of receipt of the corrected Order.
3.10. Orders are handled by the E-Store customer service department on Working Days, i.e. from Monday to Friday, excluding public holidays, from 9.00 am to 4.00 pm.
3.11. An order, the receipt of which has been confirmed by the E-Store system (point 3.7), constitutes an offer within the meaning of Article 66 § 1 of the Civil Code and forms the basis for the conclusion of a sales agreement between the Customer and the Seller.
3.12. The conclusion of the contract of sale of the Products being the subject of the order takes place at the moment the Customer receives information on acceptance of the Order for execution, made in accordance with point 3.8.
§ 4 Payment, delivery, collection
4.1 Payment:
4.1.1 In consideration of the execution of the Sales Agreement, the Customer shall pay the Price of the Products indicated in the Order and the cost of their shipment.
4.1.2 The Price of particular goods presented in the E-Store is a gross Price expressed in Polish Zlotys (PLN) including also the goods and services tax due at the applicable rate. The given Prices do not include, however, the costs of possible shipment, which shall be indicated during the Order placement.
4.1.3. Payment is made in the form selected by the Customer:
a) cash: payment on delivery or payment at the Seller's premises (when choosing the option "Personal collection");
b) non-cash: payment by bank transfer to the account of the Seller. The day of payment is the day of crediting the Seller's account.
4.1.4. In case the Seller does not receive the payment from the Customer who chose to pay in advance, i.e. transfer payment, electronic payment or payment card payment, the Seller may contact the Customer to remind him about the payment. Failure to make payment within 3 days from placing the Order will result in the Customer's failure to accept the offer made under the Order.
4.1.5. The payment card operator is PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068.
4.2 Dispatch of goods:
4.2.1 The time taken for the Seller to prepare an Order for shipment is each time presented on the subpage of the Product in question and is calculated from the date (the start of the delivery period):
a) crediting the bank account or settlement account of the Seller - in the case of choosing by the Customer the method of wire transfer payment, electronic payment or payment card
b) conclusion of the Sales Agreement - if the Client chooses cash on delivery payment method.
The total waiting time for the Product to be received by the Customer (delivery time) consists of the time of preparing the Order for shipment by the Seller and the time of delivery of the Product by the Orders placed by E-Store Customers.
4.2.2. The ordered Products are shipped exclusively to addresses within the territory of Poland. About the possibility of processing foreign orders, please ask the Seller.
4.2.3. In the absence of contrary provisions, the Seller undertakes to perform the subject of the Contract, within a period not exceeding thirty days after the submission by the Customer of a declaration of intent to conclude the Contract (point 3.7).
4.2.4 The time of delivery shall depend on the method of delivery/collection of goods chosen by the Customer and shall not exceed 7 working days.
4.2.3. The Seller entrusts the delivery of the Products to third parties conducting business activity in this scope, i.e:
GENERAL LOGISTICS SYSTEMS POLAND sp. z o.o., Tęczowa 10, 62-052 Głuchowo, NIP 7851561831, REGON 631058749, entered in the Register of Entrepreneurs of the National Court Register under number 0000005009
DHL Express (Poland) Sp. z o.o. Osmańska 2 Street, 02-823 Warsaw, NIP 5270022391, REGON 12005407, entered in the Register of Entrepreneurs of the National Court Register under number 0000047237
DPD POLSKA Sp. z o.o. ul. Mineralna 15, 02-274 Warsaw, NIP 5260204110, REGON 012026421, entered in the Register of Entrepreneurs of the National Court Register under number 0000028368
4.3 Receipt of goods:
4.3.1 The Seller informs that the Customers have the right to check the condition of the consignment after its delivery to the place indicated in the Order. They have the right to check the condition of the parcel before collecting it from the carrier.
4.3.2. If, before the delivery of the consignment it turns out that it has been damaged or has suffered a defect, the Carrier is obliged to immediately establish the condition of the consignment and the circumstances in which the damage occurred. However, in most cases the Carrier performs these activities at the request of the person entitled to collect the packet.
4.3.3. We inform that if after the delivery of the consignment you notice a defect or damage that cannot be seen from outside, then at the request of the Customer reported immediately to the Carrier after the disclosure of damage, but no later than within 7 days from the date of collection of the consignment, the Carrier establishes the status of the consignment.
4.3.4In case of any problems or doubts please contact the Seller at the phone numbers indicated on the Seller's website.
§5.Personal data
1.The Administrator of the Customers' personal data is Adsystem Sp. z o.o. with its headquarters in Bielany Wrocławskie at ul. Atramentowa 11, 55-040 Kobierzyce, entered into the Register of Entrepreneurs by the District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Department of the National Court Register under KRS number: 0000229449, NIP:8942678597, REGON: 9326605970000, share capital 57500 zł; e-mail: Tel: +48 672 672 000, handlowy@adsystem.pl
Customers' personal data are processed for the purpose of performing Agreements concluded within the framework of the e-shop activity (preparing, concluding and performing the sales agreement, maintaining the Customer Account) on the basis of Article 6(1)(b) of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016. on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC(hereinafter: "RODO") and marketing of own products (sending messages containing commercial information (with prior consent expressed in the form of subscription to the Newsletter) on the basis of Article 6(1)(a) of RODO and answers to queries addressed to the Seller.
In particular, the Administrator may process the following personal data of Customers:
a) the Customer's personal data provided in the form when registering the Account, placing Orders in the Online Shop (in particular: name and surname; e-mail address; contact telephone number; address of residence/business/site, bank account number, and in the case of Customers who are not consumers, additionally company name and NIP number);
b) personal data provided for the purposes of using the newsletter, provided when using the contact form, or provided when filing a complaint;
Personal data are processed in accordance with the regulations on personal data protection, in accordance with the implemented data protection policy and are processed to the extent and for the purpose necessary to establish, shape the content of the Agreement, amend or terminate it and properly perform the Services provided electronically.
5. The data administrator has implemented technical and organisational measures to protect personal data provided by the Customers against disclosure to unauthorised persons or entities.
6. Customers' personal data may be transferred to:
a) to the carrier or agent executing the shipment on behalf of the Data Controller - in case of a Customer, who uses in the Internet Shop the method of delivery by post or courier service.
b) entity processing payments in the Internet Shop - if a Customer uses electronic or credit card payment method.
c) Entity making tax settlements of the Internet Shop - in case of Customers who have concluded a sales contract with the Data Administrator.
d) the entity providing software for running the Internet Shop or the Internet Shop's hosting company, to the extent of service and proper functioning of the Internet Shop.
7. The entities indicated in § 5.4. shall be provided only with the data necessary for proper performance of the service.
8. The data administrator has the right to disclose the Customer's personal data to entities authorized under certain provisions of law (e.g. law enforcement agencies).
9. Unless the law provides otherwise, the Administrator shall store the Customer's personal data for as long as it is necessary for the purposes for which the aforementioned data were collected. The Administrator reserves the right to process the Customer's personal data after the termination of the contract or the withdrawal of consent only to the extent necessary to assert potential claims in court or if national or EU regulations or international law oblige the Administrator to data retention
The Customer whose personal data is processed by the Administrator has the right to access the data, rectification, erasure of data (in cases described in Article 17 of RODO), restriction of their processing, the right to object, the right to data transfer, as well as the right to lodge a complaint to the supervisory authority, which is the Office for Personal Data Protection.
The Administrator reserves the right to process the Customers' personal data after termination of the agreement or withdrawal of consent only to the extent necessary to assert potential claims in court or if national or EU regulations or international law oblige the Administrator to data retention.
Providing Personal Data by the Customer in the Internet Shop is voluntary, however it is necessary to use certain functionalities of our shop, for example to place an Order and its settlement (conclusion and performance of the Sales Agreement), Account registration (conclusion and performance of the Service Agreement), newsletter subscription, complaint handling.
11. Contact with the person supervising the processing of personal data is possible by e-mail at: handlowy@adsystem.pl or by mail to the address Adsystem sp. z o.o. Bielany Wrocławskie ul. Atramentowa 11, 55-040 Kobierzyce.
§6. Claims
6.1 Claims regarding the purchased goods:
6.1.1 The Seller shall be liable to the Customer if the sold Product has a physical or legal defect (warranty) on the principles set out in the Civil Code Act of 23 April 1964 and other generally applicable laws.
6.1.2 If the goods purchased by the Customer are inconsistent with the Agreement or have defects, the Seller should be informed about this fact first. If, in order for the Seller to respond to the Customer's complaint or exercise the Customer's rights under warranty, it is necessary to deliver the Product to the Seller, the Customer is obliged to deliver the Product at his/her own expense to the address: Adsystem sp. z o.o. ul. Atramentowa 11, Bielany Wrocławskie 55-040 Kobierzyce.
6.1.3. It is recommended to submit the claim in writing or by e-mail to handlowy@adsystem.pl. In order to accelerate and facilitate the process of considering the claim it is recommended to send with the claim any additional information such as order number, date of sale etc.
6.1.3.1 The claim shall be considered without delay, however, no later than within 14 days.
6.1.3.2 The answer to the complaint will be sent to the e-mail address provided by the Customer or in another way indicated by the Customer.
6.1.4 The Seller is liable under the warranty, if the physical defect is found before the lapse of two years (twelve months in case of printouts) from the date of release of the Product to the Customer. A claim for removal of defects or replacement of the Product with a defect-free one becomes time-barred after one year from the date of finding the defect, however, in case of an Order placed by a Consumer - the period of limitation cannot end before the expiry of the period referred to in the first sentence.
6.2 Claims related to provision of services electronically through the Internet Shop:
6.2.1 Claims related to the provision of services electronically through the Internet Shop should be submitted to the e-mail address handlowy@adsystem.pl or by letter to the address of the shop: Adsystem sp. z o.o. ul. Atramentowa 11, Bielany Wrocławskie 55-040 Kobierzyce
In order to facilitate and accelerate the consideration of the complaint it is recommended to provide in the message specified in point. 1 such information as the e-mail address of the type, date of irregularity and contact details.
6.2.3 A claim related to the provision of electronic services shall be dealt with immediately, no later than within 14 working days.
6.2.4 A reply to the complaint shall be sent to the User's e-mail address or in any other way provided by the User.
6.2.5 Adsystem shall not be liable for defects resulting from unauthorised, unintended or improper use, intentional damage, negligence, abnormal environmental conditions, failure to follow Adsystem's instructions (oral or written), modifications, including in particular modifications to the assembly systems or repairs of the goods performed by third parties without Adsystem's consent.
§7 Withdrawal from the Purchase Agreement
7.1 The Customer, who is also a Consumer, who has entered into a remote agreement, can withdraw from it without giving reasons, making a statement within fourteen (14) days. In order to meet this deadline it is sufficient to send the declaration before its expiry. The declaration can be sent to the following address: ADSYSTEM sp. z o.o. ul. Atramentowa 11, Bielany Wrocławskie 55-040 Kobierzyce or by e-mail to the following address handlowy@adsystem.pl
7.2 The fourteen-day period in which the Consumer may withdraw from the Sales Agreement or the agreement for the provision of services electronically, shall be counted from the date of delivery of the Product in the case of a Sales Agreement, and when the Agreement concerns the provision of services electronically - from the date of its conclusion.
7.3 The Seller shall immediately upon receipt of a statement of withdrawal send to the Consumer by email confirmation of receipt of the above statement.
7.4 In the case of withdrawal - Sales Agreement or Agreement for the provision of a Service electronically is considered as not concluded. What the Parties have provided shall be returned in an unchanged state, unless the change was necessary to determine the nature, characteristics and functioning of the thing, or paragraph 7.7 applies. The return should take place immediately, no later than within fourteen days.
7.5 The Seller shall return the payment received from the Consumer using the same method of payment used by the Consumer, unless the Consumer expressly agrees to a different method of return that does not involve any costs for him. The Seller may withhold the reimbursement of the payment received from the Consumer until it receives the item back or the Consumer provides evidence of having sent it back, whichever event occurs first.
7.6 The Consumer is obliged to immediately, no later than within 14 days from the date on which he withdrew from the Sales Agreement, return the Product to the Seller or transfer it to a person authorized by the Seller to receive it. In order to meet the deadline it is sufficient to return the Product before its expiry to the address: ADSYSTEM sp. z o.o. ul. Atramentowa 11, Bielany Wrocławskie 55-040 Kobierzyce. The Consumer will bear only the direct costs of returning the item to the Seller.
7.7 If the Consumer has chosen a method of delivery of the item other than the cheapest ordinary way of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer the additional costs incurred by him.
7.8 The Consumer shall be liable for any diminution in the value of the item resulting from the use of the item beyond what is necessary to ascertain the nature, characteristics and functioning of the item.
7.9 The right of withdrawal from the remote contract shall not be entitled to the Consumer in the cases indicated in the provisions of the Civil Code, in particular:
7.9.1. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who has been informed before the provision, that after the provision of services by the entrepreneur will lose the right to withdraw from the contract;
7.9.2. in which the subject matter of the supply is a non-prefabricated item produced to the Consumer's specification or serving to meet his individual needs;
7.9.3. in which the subject matter of the supply is a thing delivered in a sealed package that cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery;
7.9.4. in which the subject matter of the supply are things which after delivery, due to their nature, are inseparably connected with other things;
7.9.5. in which the consumer expressly requested the trader to come to him for the purpose of carrying out urgent repairs or maintenance; if the trader provides in addition other services than those requested by the consumer or supplies other items than replacement parts necessarily used in carrying out the repairs or maintenance, the right of withdrawal shall apply to the additional services or items;
7.9.6. for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal;
7.9.7. in which the subject matter of the service are things which, after opening the packaging, are not suitable for further resale, e.g. protective masks.
7.10. At the latest at the time of delivery of items the Seller shall provide the Consumer on a durable medium instructions on withdrawal from the contract.
§8.Provisions for Non-Consumer Customers
8.1 This paragraph applies only to the Clients who are not Consumers.
8.2 The Seller shall have the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 days from the date of its conclusion. Withdrawal from the Sales Agreement in this case can be made without giving any reason and does not create on the side of the Customer who is not a Consumer any claims against the Seller.
8.3 As far as the Clients who are not the Consumers are concerned, the Seller shall have the right to limit the available payment methods, including the requirement to make the payment in full or in part in advance and this regardless of the payment method chosen by the Client and the fact of concluding a Sales Agreement.
8.4 From the moment of handing over the Product by the Seller to the carrier, the benefits and burdens associated with the Product as well as the danger of accidental loss or damage to the Product will pass to the Customer who is not a Consumer. In this case, the Seller is not responsible for the loss, diminution or damage to the Product arising from its adoption for transportation until its release to the Customer and for the delay in transportation of the consignment.
8.5 In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a Consumer is excluded.
8.6 In the case of Customers who are not Consumers, the Seller may terminate the Service Agreement with immediate effect and without indicating the reasons by sending to the Customer an appropriate statement in any form.
8.7 Neither the Seller nor its employees, authorised representatives and agents shall be liable to the Customer, its subcontractors, employees, authorised representatives and/or agents for any damages, including loss of profit, unless the damage was caused by them intentionally.
8.8 In any case of establishing the liability of the Seller, its employees, authorised representatives and/or proxies, the liability in relation to the Customer who is not a Consumer, regardless of its legal basis, shall be limited - both under a single claim and for all claims in total - to the amount of the paid Price and delivery costs under the last Sales Agreement, but not more than one thousand PLN.
8.9 Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court competent for the seat of the Seller.
8.10. With reference to the Customers who are not Consumers, the Seller may amend the Terms and Conditions at any time on the basis of generally applicable law.
8.11. A natural person running one-man business activity, concluding a Sales Agreement of the Products with the Seller directly related to his/her business activity, if it results from the content of this Agreement that it does not have a professional character for this person resulting in particular from the subject of his/her business activity defined in CEIDG, this person has the right of warranty and the right to withdraw from the agreement under the same conditions as the Customers who are Consumers. In order to verify the possibility of exercising this right, a natural person running the aforementioned business activity is obliged to submit to the Seller, at the time of purchase, an appropriate declaration on the non-professional use of the purchased Products (not using the purchased Products for the professional purposes of this entrepreneur, which purposes are defined by PKD activity codes indicated in the entrepreneur's CEIDG). The declaration should be sent to the e-mail address: handlowy@adsystem.pl and entered in the Notes under the Order being placed.
§9.Additional information
9.1 In order to avoid possible discrepancies or errors, it is recommended that the device with which the Customer uses the E-shop meets at least the following technical requirements, which are necessary for cooperation with the data communications system used by the Service Provider:
9.1.1. Computer or other mobile device with access to the Internet;
9.1.2. Internet browser: Mozilla Firefox 8.0 , Internet Explorer 6.0 , Chrome 32.0 or higher versions;
9.1.3. Active plug-ins: JAVA, FLASH;
9.1.4. monitor resolution 1280 x 800, colours 24 or 32 bit;
9.1.5 The user must have an e-mail account.
9.2 The content of the concluded Agreement shall be recorded, secured and made available:
9.2.1. by sending the confirmation of the concluded Contract to the Customer at the e-mail address provided.
9.2.2. By printing out and providing the Customer with the order specification and proof of purchase together with the receipt or shipment of goods.
The content of the concluded Contract is additionally recorded and secured in the Seller's IT system, and provided to the Customer on each of their requests.
9.3 In matters not covered by these Terms and Conditions shall be governed by the provisions of the laws in force in the Republic of Poland, including the Civil Code, the Act on declaration of services by electronic means of 18 July 2002. (Journal of Laws No. 144, item 1204 as amended); the Consumer Rights Act of 30 May 2014. (Journal of Laws of 2014, item 827) and other relevant provisions of Polish law.
9.4 Amendments to the Terms and Conditions:
9.4.1. the Seller/Service Provider reserves the right to make changes to these Terms and Conditions due to min. e.g. changes in the law, change in the profile of the E-Store, change in the data of the Seller/Service Provider, etc., of which the Customer will be notified at least 14 days in advance of the date on which the changes become effective. Information about the changes will also be clearly expressed by posting on the website of the Online Store and sent to the e-mail address of the registered Customer. In addition, the Customer will each time be asked to accept the new Terms and Conditions before placing an Order.
9.4.2 The amended Terms and Conditions are binding upon the Customer, if the requirements of art. 384 of the Civil Code have been met (i.e. the Customer has been correctly informed about the amendments) and the Customer has not terminated the agreement for continuous provision of electronic services within 30 days.
9.4.3 The amendments to the Regulations shall not in any way violate the rights acquired by Customers using the E-shop before the date of entry into force of the amendments, in particular they shall not affect Orders placed and/or executed. In this case, the Orders shall be executed according to the principles specified in the previous Regulations.
9.5 The contract of sale of goods is concluded in accordance with Polish law and in Polish.
9.6 In the case of a dispute with the Seller, the Customer who is a Consumer has the possibility to use the out-of-court ways of dealing with complaints and claims. The Consumer may, among other things: a) apply to the permanent arbitration court at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement. b) apply to a regional inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of a dispute between the Customer and the Seller. c) get free assistance in resolving a dispute between the Customer and the Seller, using free assistance of a district (city) Consumer Ombudsman or a social organization whose statutory tasks include protection of consumers (e.g. Federation of Consumers, Polish Consumer Association).
9.7 Any disputes arising between the Seller and a Customer who is not a Consumer within the meaning of Article 22[1] of the Civil Code of 23 April 1964 shall be submitted to the court competent for the seat of the Seller.