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TERMS AND CONDITIONS OF THE UNISYSTEM.PL ONLINE STORE

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES PROVIDED BY THE ONLINE STORE
  3. TERMS OF CONCLUDING SALES AGREEMENTS
  4. METHODS AND TERMS OF PAYMENT FOR PURCHASED PRODUCT
  5. COSTS, METHODS AND DATE OF PRODUCT DELIVERY
  6. PRODUCT COMPLAINTS
  7. RIGHT TO WITHDRAW FROM AN AGREEMENT
  8. PROVISIONS REGARDING ENTREPRENEURS
  9. FINAL PROVISIONS
  1. GENERAL PROVISIONS
    • 1.1. The Online Store available at www.unisystem.pl is managed by the company UNISYSTEM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ located in Gdańsk (office address and correspondence address: ul. Nowy Świat 36, 80-299 Gdańsk); entered into the Register of Entrepreneurs of the National Court Register no. KRS 0000553097; Tax Identification Number (NIP): 5842741076; National Business Registry Number (REGON): 361255803; e-mail address: order@unisystem.pl.
    • 1.2. These Terms and Conditions are intended for consumers and entrepreneurs who use the Online Store (with the exception of section 8 of the Terms and Conditions, which is intended solely for entrepreneurs).
    • 1.3. The Service Provider is the Administrator of personal data processed in connection with the performance of provisions of these Terms and Conditions. Personal data is processed for the purposes, in the scope and on the basis of rules indicated in the privacy policy published on the Online Store’s website. The submission of personal data is voluntary. Consumers whose personal data is processed by the Service Provider are entitled to view, update and amend their personal data.
    • 1.4. Definitions:
    • 1.4.1. WORKING DAY – one day from Monday to Friday excluding public holidays.
    • 1.4.2. REGISTRATION FORM – an electronic form available at the Online Store which enables the establishment of an Account
    • 1.4.3. ORDER FORM – an interactive form available in the Online Store which enables placement of an Order, especially through the addition of a Product to the electronic shopping cart, and specification of Sales Agreement terms, including the method of delivery and payment.
    • 1.4.4. CUSTOMER – (1) a natural person with full legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, on which the law bestows legal capacity. Each mentioned entity becomes a Customer if he or she has entered or intends to enter into a Sales Agreement with the Seller.
    • 1.4.5. CIVIL CODE – the 23rd of April 1964 Civil Code Law (Journal of Laws of 1964 No 16, item 93, as amended).
    • 1.4.6. E-STORE ACCOUNT – Electronic Service annotated with an individual name (login) and password within the Service Provider’s information and communication technology (ICT) system, which collects data provided by the Service User and information regarding the Orders placed by the User in the Online Store.
    • 1.4.7. NEWSLETTER – an electronic distribution service provided by the Service Provider via electronic mail, which enables all subscribed Service Users to automatically receive regular contents of subsequent editions of the newsletter, including information on Products, new additions and promotions in the Online Store.
    • 1.4.8. PRODUCT – a movable item available at the Online Store, being the subject of a Sales Agreement between the Customer and the Seller.
    • 1.4.9. TERMS AND CONDITIONS – the following Online Store Terms and Conditions.
    • 1.4.10. ONLINE STORE (E-STORE) – the Service Provider’s store available at the Internet address: www.unisystem.pl.
    • 1.4.11. SELLER / SERVICE PROVIDER – the company UNISYSTEM SP. Z O.O. located in Gdańsk (ul. Nowy Świat 36, 80-299 Gdańsk); entered into the Register of Entrepreneurs of the National Court Register no. KRS 0000553097; Tax Identification Number (NIP): 5842741076; National Business Registry Number (REGON): 361255803; e-mail address: order@unisystem.pl.
    • 1.4.12. SALES AGREEMENT – a Product sales agreement concluded or pending conclusion between the Customer and the Seller via the Online Store.
    • 1.4.13. ELECTRONIC SERVICE – a service rendered electronically by the Service Provider to the benefit of the Service User via the Online Store.
    • 1.4.14. SERVICE USER – (1) a natural person with full legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, on which the law bestows legal capacity, who use or intend to use the Electronic Service.
    • 1.4.15. THE CONSUMER RIGHTS ACT, THE ACT – the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014, item 827, as amended).
    • 1.4.16. ORDER – a Customer’s declaration of will submitted using the Order Form with the direct purpose of concluding a Product Sales Agreement with the Seller.
  2. ELECTRONIC SERVICES PROVIDED BY THE ONLINE STORE
    • 2.1. The Online Store provides access to the following Electronic Services: Account, Order Form and Newsletter.
    • 2.1.1. Account – use of the Account is possible after filling out the Registration Form. The Registration Form requires the Service User to provide the following data:
    • a) in the case of private customers: name and surname, e-mail address and password
    • b) in the case of entrepreneurs: name and surname, e-mail address, Tax Identification Number (NIP), company name, password
    • 2.1.1.1. Account – Electronic Service provided free of charge for an indefinite time. The Service User has the option, at any time and without stating a reason, to delete their Account by sending a corresponding request to the Service Provider, in particular via e-mail at the address: order@unisystem.pl or in writing at the address: ul. Nowy Świat 36, 80-299 Gdańsk.
    • 2.1.2. Order Form – use of the Order Form begins upon addition by the Customer of the first Product to the electronic shopping cart in the Online Store. Placement of an Order is effected after the Customer performs a total of two subsequent steps – (1) fills out the Order Form and (2) clicks the “Order with obligation to pay” button. In the Order Form it is essential for the Customer to provide the following data: name and surname, address (street, house/flat number, postal code, town/city, country) and information regarding the Sales Agreement: Product/s, quantity of Products, place and method of Product delivery, method of payment. In the case of non-consumer Customers it is also necessary to provide the company name and Tax Identification Number (NIP).
    • 2.1.2.1. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service User.
    • 2.1.3. Newsletter – use of the Newsletter commences after completion by the User of a total of two steps: (1) provision of an e-mail address to which subsequent editions of the Newsletter are to be sent and the User’s name in the “Subscribe for the Newsletter” field placed in the footer of the home page and (2) clicking “Subscribe” button.
    • 2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite time. The Service User has the option, at any time and without stating the cause, to unsubscribe from the Newsletter by logging in the Customer Area, opening the “Account” tab, clicking “Newsletter” and unchecking the “Newsletter” checkbox. The Service User can also send a corresponding request via e-mail at the address: order@unisystem.pl.
    • 2.2. Technical requirements essential to support the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) e-mail access; (3) Internet browser; (4) enabled option to save Cookie files in the Internet browser.
    • 2.3. The Service User is required to use the Online Store in accordance with the law and good customs, and in respect of the personal rights, copyrights an intellectual property rights of the Service Provider and third parties. The Service User is obliged to enter data which is true and accurate. The Service User is prohibited from entering content which is illegal in nature.
  3. TERMS OF CONCLUDING SALES AGREEMENTS
    • 3.1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after the prior placement of an Order by the Customer via the Order Form available in the Online Store, according to section 2.1.2 of the Terms and Conditions.
    • 3.2. The Product price visible on the Online Store’s website is given in Polish zloty (PLN), American dollars (USD), or euro (EUR) – according to the Customer’s choice – and includes taxes. The Customer is informed of the total value of the Product included in the Order, as well as of the delivery cost (including fees for transport, delivery and postal services) and other costs, or the obligation to pay those costs if the value of those fees cannot be determined on the Online Store’s website during placement of the Order and at the moment of the Customer’s expression of will to enter into the Sale’s Agreement.
    • 3.3. Procedure of Sales Agreement Conclusion at the Online Store using the Order Form
    • 3.3.1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after the prior placement of an Order by the Customer in the Online Store, according to section 2.1.2 of the Terms and Conditions.
    • 3.3.2. After placement of the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for execution. Receipt confirmation of the Order and its acceptance for execution is effected by way of the Seller sending the Customer a message at the e-mail address provided by the Customer in the Registration Form. The message contains at least the Seller’s statement regarding receipt of the Order and confirmation of the Sales Agreement conclusion. Upon the Customer’s receipt of such message, the Sales Agreement between the Customer and Seller is concluded.
    • 3.4. The recording, securing and provision of contents of the concluded Sales Agreement to the Customer takes place through (1) making these Terms and Conditions available on the Online Store’s website and (2) sending the Customer the message mentioned in section 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured within the Seller’s Online Store ICT system.
  4. METHODS AND TERMS OF PAYMENT FOR PURCHASED PRODUCT
    • 4.1. The Seller makes the following methods of payment related to the Sales Agreement available to the Customer:
    • 4.1.1. Payment via transfer to the Seller’s bank account
    • 4.1.2. Cash on delivery payment.
    • 4.1.3. Electronic and pay card payments via the PayU or PayPal services.
    • 4.1.4.1. Settlements of electronic and pay card payment transactions are carried out according to the Customer’s choice via PayU or PayPal service. Servicing of electronic and pay card payments is handled by:
    • 4.1.4.1.1. PayU S.A., ul. Grunwaldzka 182, 60-166 Poznań, with the share capital of 4 944 000 zl, entered into the Register of Entrepreneurs of the District Court in Poznan - Nowe Miasto and Wilda in Poznan, 8th Commercial Division of the National Court Register no. KRS 0000274399, Tax Identification Number (NIP): 7792308495, National Business Registry Number (REGON): 300523444.
    • 4.1.4.1.1. PayPal (Europe) S.à r.l. et Cie, S.C.A. (registered in R.C.S. Luxembourg under the number B 118 349).
    • 4.2. Payment term:
    • 4.2.1. If the Customer selects payment by bank transfer, electronic or pay card payment, he or she is obliged to effect the payment within 2 calendar days from the Sales Agreement conclusion date, unless the Sales Agreement provides otherwise. The order processing time is counted from the date of the reception of the payment on the Service Provider’s bank account.
    • 4.2.2. If the Customer selects the cash on delivery payment method, he or she is obliged to issue the payment during receipt of the parcel.
  5. COSTS, METHODS AND DATE OF PRODUCT DELIVERY
    • 5.1. Delivery of the Product to the Customer is subject to a charge, unless the Sales Agreement provides otherwise. The Product delivery cost (including transport, delivery and postal service charges) is made available to the Customer on the Online Store’s website (Help Center area, Shipping and delivery) and during placement of an Order, as well as at the time of the Customer expressing the will to enter into a Sales Agreement.
    • 5.2. Personal collection of a Product by the Customer is free of charge.
    • 5.3. The Seller offers Customers the following Product delivery methods:
    • 5.3.1. Courier delivery service.
    • 5.3.2. Personal collection at the following address: ul. Nowy Świat 36, 80-299 Gdańsk – on working days from 8:00 a.m. till 4:00 p.m.
    • 5.3.3 Courier delivery service at the Purchaser’s cost.
    • 5.4. The delivery time of the Product to the Customer is one working day for domestic deliveries and 2–5 working days for international EU deliveries (depending on the chosen transport method and delivery area). The delivery date to places outside the EU is set individually. If in the Product’s description or during placement of the Order another date is provided, this date is binding. In the case of Products with different delivery dates, the longest delivery date is binding. Fixed delivery cost provided by the Online Store at the moment of ordering time apply only to standard Products that are available for online purchase. Delivery cost for Products marked as “configurable” is arranged individually for every Order. Starting point for delivery of the Product to the Customer shall be calculated in the following manner:
    • 5.4.1. If the Customer selects payment via bank transfer, electronic or pay card payment – from the crediting date of the Seller’s bank account or current account.
    • 5.4.2. If the Customer selects cash on delivery payment - from the date of conclusion of the Sales Agreement.
    • 5.5. Pickup date of a Product to be collected by the Customer - if the Customer chooses personal collection of a Product, the Product will be ready for collection for up to 7 Working Days, unless provided otherwise in the description of a given Product or if, during the Order placement, another date is specified (depending on stock levels). In the case of Products with different personal collection dates, the longest pickup date is binding. Starting point for a personal collection of a Product shall be calculated in the following manner:
    • 5.5.1. If the Customer selects payment via bank transfer, electronic or pay card payment – from the crediting date of the Seller’s bank account or current account.
    • 5.5.2. If the Customer selects cash on personal collection payment - from the date of conclusion of the Sales Agreement.
  6. PRODUCT COMPLAINTS
    • 6.1. The basis and extent of Seller’s liability towards the Customer, if the Product sold has a physical or legal defect (warranty), are specified by the generally applicable laws, especially the Civil Code.
    • 6.2. A complaint can be submitted by the Customer in the following way:
    • 6.2.1. in electronic form via a complaint form available on the Customer’s Account after logging in or without logging in after clicking “Complaints” field that is placed in the footer of the webpage.
    • 6.2.2. While making a complaint the Service User shall provide the following information in the electronic complaint form: (1) the claimant’s contact information, (2) information and circumstances concerning the subject of the complaint, in particular the product code, defect description and the number of faulty items – it will facilitate and speed up the process of reviewing the Complaint by the Service Provider.
    • 6.2.3. After completing the complaint form and clicking the “Send” button a notice informing about the successfully sent complaint shall appear as well as the link to the completed form. The file will be also sent to the provided e-mail address. The file shall be printed out and attached to the parcel with the faulty Product. Complaints without the printed form attached to the parcel will not be accepted.
    • 6.2.4. The Customer is obliged to deliver the faulty Product at his or her own expense at the address: ul. Nowy Świat 36, 80-299 Gdańsk.
    • 6.3. The Seller shall review the complaint no later than within 14 calendar days from the date of submission.
    • 6.4. Pursuant to Art. 558(1) of the Civil Code, the Service Provider’s liability under the warranty to the Customer regarding the concluded Sales Agreements shall be excluded. Exclusion of the warranty shall not be applicable if the Consumer (private customer) is one of the contracting party.
  7. RIGHT TO WITHDRAW FROM AN AGREEMENT
    • 7.1. This section of the Terms and Conditions and provisions contained herein relate exclusively to Customers and Service Users who are not consumers.
    • 7.2. A Consumer who entered into an agreement remotely may within 14 calendar days withdraw from said agreement without stating a cause and without incurring costs, with the exception of costs incurred in section 7.8 of the Terms and Conditions. In order to meet the above deadline, it is sufficient to send the declaration of withdrawal before it expires. The withdrawal declaration shall be submitted:
    • 7.2.1. electronically via e-mail at the address: order@unisystem.pl;
    • 7.3. The course of the term to withdraw from the agreement begins:
    • 7.3.1. for agreements in the performance of which the Seller releases the Product under obligation to transfer its ownership (e.g. Sales Agreement) – on the date of Product ownership acquisition by the Consumer or a specified third party other than a carrier, and in the case of an agreement which: (1) encompasses multiple Products which are delivered separately, in batches or in parts – on the date of the final Product, batch or part ownership acquisition, or (2) involves regular delivery of Products over a specified time – on the date of the first Product’s ownership acquisition;
    • 7.3.2. for other agreements – on the agreement conclusion date.
    • 7.4. In case of withdrawal from an agreement concluded remotely, the agreement is deemed null and void.
    • 7.5. The Seller is obliged to refund all payments issued by the Consumer no later than within 14 calendar days from the receipt date of the Consumer’s declaration of withdrawal from the agreement, including the Product’s delivery costs (with the exception of additional costs associated with the method of delivery selected by the Customer, other than the least expensive regular method of delivery offered by the Online Store). The Seller issues the payment refund using the same method of payment used by the Consumer. The Seller may withhold payment of the refund until receipt of the returned Product or delivery of documented proof of a return delivery by the Consumer, whichever occurs first.
    • 7.6. The Consumer shall return the Product to the Seller without delay, no later than within 14 calendar days from the agreement withdrawal date.
    • 7.7. The Consumer bears responsibility for degradation of a Product’s value as a result of its use beyond the scope necessary to determine the Product’s nature, features and functioning.
    • 7.8. Possible costs associated with the Consumer’s withdrawal from the agreement payable by the Consumer:
    • 7.8.1. If the consumer has selected a Product delivery method other than the least expensive regular delivery method offered by the Online Store, the Seller is not obliged to refund any additional costs incurred due to this fact to the consumer.
    • 7.8.2. The Consumer bears the direct costs of Product return.
    • 7.8.3. In the event of service Products, the provision of which – at the clear request of the Consumer – is commenced before the agreement withdrawal deadline, the Consumer exercising their right to withdraw from the agreement upon submission of such a request is obliged to pay for the services provided until the time of withdrawal from the agreement. The payment amount is calculated proportionally to the scope of services provided, taking into consideration the price or remuneration stipulated in the agreement. If the price or remuneration are in excess, the basis for calculating said amount is the market value of services rendered.
    • 7.9. The right to withdraw from an agreement concluded remotely does not apply in the case of:
    • 7.9.1. (1) agreements on rendering services, if the Seller has fully performed the service at the express consent of the consumer, who was informed prior to the commencement of services that the right to withdraw from the agreement shall be lost upon completion of the service by the Seller; (2) agreements in which the price or remuneration depends on fluctuations on the financial market, over which the Seller has no control and which may occur before the expiry of the agreement withdrawal term; (3) agreements in which the Product or service provided is not prefabricated, but is produced according to the consumer’s specifications or meant to satisfy the consumer’s custom needs; (4) agreements in which the provided Product is highly perishable or has a short use by period; (5) agreements regarding a Product delivered in a sealed package, which is impossible to return upon opening due to health safety or hygienic reasons, if the packaging was opened upon delivery; (6) agreements regarding Products which upon delivery, due to their nature, are inseparably connected to other items; (7) agreements regarding the delivery of digital content, which is not recorded on a physical carrier, if the performance of services was commenced with the express consent of the consumer before the expiry of the agreement withdrawal terms and after the consumer was previously informed by the Seller of the loss of rights to withdraw from the agreement.
  8. PROVISIONS REGARDING ENTREPRENEURS
    • 8.1. This section of the Terms and Conditions and provisions contained herein relate exclusively to Customers and Service Users who are not consumers.
    • 8.2. The Seller is entitled to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from its conclusion. Withdrawal from a Sales Agreement in such an instance may take place without stating a cause and does not entitle the Customer who is not a consumer to any claims towards the Seller.
    • 8.3. In the case of Customers who are not consumers, the Seller has the right to limit the available methods of payment, as well as require the issue of a prepayment in full or in part, regardless of the method of payment selected by the Customer and the fact of concluding a Sales Agreement.
    • 8.4. Upon the Seller’s release of a Product to the carrier, the benefits and burdens associated with the goods and risk of any loss or damage to the Products as a result of accidents are transferred to the Customer who is not a consumer. In such a case the Seller is not responsible for the full or partial loss, or damage to a Product which may occur between the Product’s release for transport and delivery to the Customer, nor for any delays in transport.
    • 8.5. In the case of a Product being delivered to a Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel within a time and in a manner generally accepted for such deliveries. If it is determined that loss or damage of the Product occurred during transport, the Customer is obliged to perform all actions necessary to determine the responsibility of the carrier.
    • 8.6. Pursuant to Art. 558(1) of the Civil Code, the Seller’s liability under the warranty for the Product to the Customer who is not a consumer shall be excluded.
    • 8.7. In the case of Service Users who are not consumers, the Service Provider may terminate an Electronic Service Provision agreement with immediate effect and without stating the cause by way of sending a corresponding statement to the Service User.
    • 8.8. The Service Provider’s/Seller’s liability towards the Service User/Customer who is not a consumer, regardless of its legal basis, shall be limited – both within a single claim, as well as for any claims in total – to the amount of the price paid and the cost of delivery in respect of the Sales Agreement, but not more than the amount of one thousand Polish zloty. The Service Provider/Seller shall be accountable to the Service User/Customer who is not a consumer only for typical damage foreseeable at the time of conclusion of the agreement and shall not be held accountable for lost profits to the Service User/Customer who is not a consumer.
  9. FINAL PROVISIONS
    • 9.1. Agreements concluded through the Online Store are drawn up in Polish or in English.
    • 9.2. Amendments of Terms and Conditions:
    • 9.2.1. The Service Provider reserves the right to amend the Terms and Conditions due to significant reasons, i.e. change in legal regulations; change in methods of payment and delivery – in a scope in which such changes influence the execution of provisions of these Terms and Conditions.
    • 9.2.2. In the event of the conclusion of perpetual agreements based on these Terms and Conditions (e.g. for the provision of the Electronic Service – Account), the amended Terms and Conditions are binding for the Service User, provided that the requirements of art. 384 and 384 [1] of the Civil Code are met, i.e. the Service User has been properly notified of the amendments and has not terminated the agreement within 14 calendar days from the notification date. In cases where an amendment of Terms and Conditions results in the introduction of any new charges or increase of current ones, the Service User who is a consumer is entitled to withdraw from the agreement.
    • 9.2.3. In case of conclusion of agreements other than perpetual ones based on these Terms and Conditions (e.g. Sales Agreements), amendments to the Terms and Conditions shall in no way affect the rights acquired by consumer Service Users/Customers before the effective date of the amended Terms and Conditions; in particular the amendments to the Terms and Conditions will not affect pending or already placed Orders and concluded, in progress or performed Sales Agreements.
    • 9.3 Any dispute arising between the Seller/Service Provider and the Customer/Service User who is not a consumer shall be referred for determination to the court of competent jurisdiction over the registered office of the Seller/Service. This applies to Customers who are either consumers or entrepreneurs.
    • 9.4 The law applicable to concluded Sales Agreements shall be the Polish law.
    • 9.5. In matters not regulated in these Terms and Conditions, the commonly applicable regulations of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 No 144, item 1204, as amended); for Sales Agreements concluded with consumer Customers – the provisions of the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014, item 827 as amended); as well as other corresponding provisions of commonly applicable law.