Terms and Conditions

TERMS AND CONDITIONS OF

PC-SOFTWARE ONLINE SHOP

§ 1. DEFINITIONS:

1)     Online Shop - the online shop available at the following addresses:

https://www.pcsoftware.pl, https://pcsoftware.eu
operated by the Seller, Czesław Romankiewicz, conducting business under the name PC-SOFTWARE Czesław Romankiewicz, business address: Duchnów, ul. Księżycowa 7, 05-462 Wiązowna
NIP (Tax Identification Number): 521-132-36-13, REGON (National Business Classification Number): 012141398.

2)     Terms and Condictions (T&Cs) - these Terms and Conditions of the Online Shop, referred to in Article 8 of the Act of 18 July 2002 on Electronic Service Provision (consolidated text,  Journal of Laws of 2019, item 123, 730),

3)     Seller - Czesław Romankiewicz conducting business activity under the name PC-SOFTWARE Czesław Romankiewicz with registered office at: Duchnów ul. Księżycowa 7, 05-462 Wiązowna, entered in the Central Registration and Information on Business Activity, NIP: 521-132-36-13, REGON: 012141398,
 tel: +48 601-24-65-35

4)     Buyer - Consumer using the services provided by the Seller electronically as part of the Online Shop (including, in particular, by creating an Account) or concluding a Sales Agreement with the Seller,

5)     Consumer - a consumer within the meaning of Article 221 of the Civil Code, i.e. a natural person with full legal capacity or - in cases provided for by law - with limited legal capacity, concluding a Sales Agreement with the Seller or using services provided by the Seller electronically in a scope not directly related to their business or professional activity,

6)     Registration Form - a form available in the Online Shop which enables creation of an Account,

7)     Account - a set of resources in the Seller's IT system, marked with an individual name (login) and password assigned to the Buyer, in which the Buyer's data are collected, including in particular information on placed Orders, which can be created by the Buyer by filling in the Registration Form,

8)     Order Form - a form available in the Online Shop, enabling the Buyer to place an Order and facilitating order fulfilment after creating an Account as well as without the need to create an Account,

9)     Order - Buyer's declaration of will, constituting an offer to conclude a Sales Agreement with the Seller,

10)  Sales Agreement - a sales agreement within the meaning of the Civil Code concluded between the Seller and the Buyer remotely via the Online Shop, in the Polish language, concerning purchase of Products,

11)  Shopping Basket - a virtual tool enabling the Buyer to collect selected Products prior to their purchase and to calculate their value, while selecting the Products the Buyer may freely manage the content of the Shopping Basket by adding or removing Products,

12)  Product - goods available in the Online Shop, which are the subject of a Sales Agreement,

13)  Proof of Purchase - a VAT invoice issued by the Seller confirming the conclusion of a Sales Agreement,

14)  Newsletter - a service provided electronically by the Seller upon prior consent of the Buyer, consisting of automatic receipt by the Buyer at their specified e-mail address of the most important information, including commercial information, related to the range of products in the Online Shop,

15)  Privacy Policy - a document available at the Online Shop, setting out the principles relating to personal data processing by the Seller within the Online Shop, constituting fulfilment of the Seller's obligation to provide information referred to personal data protection regulations,

16)  Attachment No. 1 (Complaint Form) - a specimen form attached to the Terms and Conditions that enables the filing of a complaint referred to in § 8 of the Terms and Conditions,

17)  Attachment No. 2 - a sample statement of withdrawal from the Sales Agreement, referred to in § 9 of the Terms and Conditions,

18)  Civil Code - the Act of 23 April 1964 - Civil Code (consolidated text, Journal of Laws of 2019, item 1145, 1495),

§ 2. GENERAL PROVISIONS

1.     These Terms and Conditions apply to Sales Agreements and other services provided by the Seller through the Online Shop.

2.     Services provided electronically by the Seller in the Online Shop involve the Seller enabling the Buyer to do the following:

     a)     conclude Sales Agreements under the provisions of these Terms and Conditions,

     b)    set up and have an Account in the Online Shop,

     c)     receive the Newsletter.

3.     Announcements, advertisements, price lists and other information about the Products provided in the Online Shop shall be construed as an invitation to conclude a Sales Agreement, taking into account

 Article 71 of the Civil Code.

4.     The Online Shop conducts sales in the territory of the Republic of Poland

5.     The Seller shall exercise the greatest diligence in performing Sales Agreements and fulfilling Orders.

6.     Promotions may be organised in the Online Shop under rules specified and published in the Online Shop by the Seller.

7.     The provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of Buyers who are Consumers, to which they are entitled under generally applicable laws, including in particular the provisions of the Civil Code and the Consumer Rights Act of 30 May 2014 (consolidated text,  Journal of Laws of 2019, item 134, 730), In the event of any inconsistency between the provisions of these Terms and Conditions and the regulations referred to in this section, those regulations shall prevail.

8.     To use the Online Shop, at least a computer with a processor with min. 200MHz, 64MB RAM, a graphics card supporting resolutions of 800x600 and 256 colours, a web browser (Internet Explorer (version >= 6.0), Mozilla Firefox, Opera, Google Chrome, Safari), as well as a keyboard or other pointing device enabling the correct completion of electronic forms are required.

§ 3. RULES FOR USING THE ONLINE SHOP

1.     The Buyer is obliged to use the Online Shop in a manner consistent with applicable law, rules of social coexistence and good practice, with due regard for personal rights and intellectual property rights of persons or third parties.

2.     The use of the Online Shop is entirely voluntary.

3.     When filling in the Registration Form or Order Form, the Buyer is obliged to read and accept the content of the Terms and Conditions and Privacy Policy.

4.     When using the Online Shop, the Buyer is obliged to provide true and accurate data and information necessary to set up an Account or to conclude and perform a Sales Agreement.

5.     It is forbidden to transfer third-party personal data via the Online Shop without their consent. In case of natural persons not having full legal capacity, consent should be given by their legal representatives or legal guardians.

6.     All photographs of the Products and other materials (including, in particular, texts, graphics, logos) that constitute works within the meaning of the Act of 4 February 1994 on copyright and related rights (consolidated text,  Journal of Laws of 2019, item 1231, 2245), hereinafter collectively referred to as Materials, published in the Online Shop, are property of the Seller or have been used by the Seller with consent of the person or third party who holds the copyright to the Materials.

7.     Both the Buyer and any other person having access to the Online Shop is obliged to refrain from copying, modifying, distributing, reprinting, transmitting or using in any other manner (including, in particular, for marketing, trade or profit purposes) the Materials placed in the Online Shop without written consent of the Seller or any other person or third party who holds copyrights to the Materials, with the exception of using these Materials within the scope of permitted use referred to in the provisions indicated in the preceding point.

8.     A breach of the provisions of the preceding paragraph could constitute an infringement of the law and therefore give rise to civil or criminal proceedings against the persons or entities engaging in such practices.

§ 4. ACCOUNT CREATION

1.     Creation of an Account by the Buyer requires completion of the Registration Form and clicking on the confirmation button. The Buyer will then receive an activation link at the email address provided in the Registration Form, which must be followed to complete the registration process successfully.

2.     After creating an Account in the manner referred to in the preceding paragraph, the Buyer shall immediately gain access to the Account through their individual login and password. An Account in the Online Shop is set up for an indefinite period of time and it does not create any financial obligations for the Buyer towards the Seller.

3.     The Account can be deleted by the Buyer at any time by sending a request to delete the Account to the e-mail address of the Seller sklep@pc-software.com.pl

§ 5. RULES FOR PLACING AND PROCESSING ORDERS

1.     The Buyer may place an Order:

     a)     at any time (24 hours a day, 7 days a week) - the Buyer should fill in the Registration Form (create an Account), add Products to the Basket, fill in the Order Form and confirm the Order,

     b)    The Buyer may place an order without completing the Registration Form (creating an Account). For this purpose, the Buyer should add the Products to the Basket, fill in the Order Form and confirm the Order,

     c)     to the Seller's e-mail address: sklep@pc-software.com.pl at any time (24 hours a day, 7 days a week)

2.     Confirmation of the Order and of its acceptance for execution will be sent to the Buyer by the Seller in the form of an e-mail    

3.     A Sales Agreement between the Seller and the Buyer shall be deemed concluded upon receipt by the Buyer of the e-mail referred to in the preceding item.

4.     The Order completion time is 1-14 days, subject to point 7 of this section.

5.     The Order completion time referred to in the preceding item may be extended in the event of force majeure, which shall be understood as extraordinary, unpredictable and beyond control circumstances,

6.     In the case of unavailability of the Product, the Buyer is informed about it and then may agree to extend the Order completion time, or cancel the ordered Product or the entire Order.

7.     The Seller reserves the right to cancel the Order if the Buyer - despite being called to do so - fails to supplement data required for execution of the Order within 7 days.

8.   Product prices and information on current versions available on the Website do not constitute an offer in accordance with the provisions of the Civil Code and may be withdrawn or changed at any time prior to the conclusion of the contract.

9.  The store reserves the right to reject the customer's order if it is unable to fulfill it. The costs incurred for the order will be fully refunded to the customer.

§ 6. PAYMENTS

1.     The prices given in the Online Shop are expressed in Polish zloty, are gross prices and include all components, including VAT.  The customer can choose the currency in which they wish to make the payment from among those available in the shop. Prices in foreign currencies are gross prices and include all components, including VAT. The prices of the Goods are converted based on the average exchange rate of the National Bank of Poland. In addition, for information purposes, net prices in Polish zloty or net prices in the selected currency are indicated.  

2.     The Buyer shall be informed of the total price for the Products covered by the Order before the Order is placed.

3.     For each Order, the Buyer receives a Proof of Purchase, which is a VAT invoice.

4.     The Buyer may choose one of the following methods of payment for the ordered Products:

     a)    payment via the payment system Przelewy24.pl

     b)    payment by standard or online transfer to the Seller's bank account - the Order is dispatched not earlier than when the full amount for the Order is credited to the Seller's bank account appropriate for the given currency,

 The Order shall not be dispatched until the full amount for the Order has been successfully authorised,

5.     The choice of payment method is made by the Buyer when placing the Order.

6.     If the Buyer fails to make payment within 7 days from the date of confirmation of the Order, the Seller shall call upon the Buyer to make payment within a period of not less than 7 days. If the Buyer fails to comply with the request within the indicated period, the Seller shall have the right to cancel the Order, informing the Buyer thereof by e-mail or telephone.

§ 7. DELIVERY

1.    Goods are delivered to the Buyer via a courier company, Poczta Polska, to the address indicated in the order form or are delivered to the Customer's e-mail address. Computer programmes in electronic version are delivered to the e-mail address specified by the buyer in the order.

2.     Delivery costs are calculated according to the current delivery price list and depend on the weight and size of the parcel. The Buyer shall be informed of the costs of delivery before the Order is placed.

3.     The Buyer bears the costs of delivery, while the Seller undertakes to cover the costs of delivery within Poland if the value of the Order exceeds PLN 500.

4.     The Buyer undertakes to collect dispatched Products.

5.     The Seller advises the Buyer to check the package in the presence of the courier. Failure to check the package does not prevent possible complaints referred to in § 8 of the T&Cs, however, if such verification is made, the complaint procedure becomes much simpler.

6.     The Seller shall be obliged to deliver the Goods being the subject matter of the Sales Agreement without defects.

§ 8. COMPLAINTS

1.     The Buyer is entitled to submit to the Seller complaints related to the purchase of goods and service.

2.     In order to facilitate the complaint procedure, the Seller makes the Complaint Form, which constitutes Attachment No. 1 to these T&Cs, available in the Online Shop.

3.     A complaint should contain: Buyer's data, information concerning the Product and the Order, description and date of occurrence of a defect in the Product and Buyer's request. The Buyer is also obliged to provide the original or a copy of the Proof of Purchase or other confirmation of purchase of the Product being complained about.

4.     Complaints should be submitted:

a)     in case of paper form - by mail to the Seller's address: PC-SOFTWARE Czesław Romankiewicz , ul. Księżycowa 7, 05-462 Duchnów,

b)    in case of electronic mail - to the e-mail address of the Seller reklamacje@pc-software.com.pl

5.     The Seller undertakes to examine the complaint submitted by the Buyer in relation to goods purchased from the Seller within 14 days of its submission. If the Seller, in the case referred to in this section, does not respond to the complaint within the indicated period, it shall be assumed that the complaint is justified.

§ 9. WITHDRAWAL FROM THE SALES AGREEMENT

1.     The Buyer - Consumer or Entrepreneur with Consumer rights has the right to withdraw from the Sales Agreement as a remote agreement, without giving reasons, within 14 days from the date of receiving the Product.

2.     In order to exercise the right referred to in the preceding paragraph, the Buyer shall submit a statement of withdrawal from the Sales Agreement within a specified period of time:

a)     in case of paper form - by mail to the Seller's address: PC-SOFTWARE Czesław Romankiewicz , ul. Księżycowa 7  05-462 Duchnów,

b)    in case of electronic mail - to the e-mail address of the Seller zwrot@pc-software.com.pl

3.      The Seller makes the Statement template, which constitutes Attachment No. 2 to these T&Cs, available in the Online Shop.

4.     When withdrawing from the Sales Agreement, the Buyer is obliged to return the Product together with the original or a copy of the Purchase Proof or other proof of purchase of the returned Product within 14 days from the date of making the statement of withdrawal from the Sales Agreement.

5.     The Buyer shall be liable for any diminished value of the Product resulting from the use of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product.

6.     The Seller shall refund the payment using the same method of payment that the Buyer used to purchase the Product, unless the Buyer has expressly agreed to a different method of refund that does not involve additional costs for the Buyer. However, if the Buyer has chosen other than the cheapest ordinary method of delivering the Product offered by the Seller, the Seller shall not be obliged to reimburse the Buyer for additional costs incurred.

7.     The right of withdrawal from the Sales Agreement referred to in this paragraph shall not apply in the event of:

     a)     provision of services where the Seller has performed the service in full with express agreement of the Buyer who has been informed before the performance began that after the service has been performed by the Seller they will lose the right of withdrawal from the Sales Agreement,

     b)    agreements concerning services where the price or remuneration depends on fluctuations in the financial market which are beyond the Seller's control and which may occur before the end of the agreement withdrawal period,

     c)     sale agreements concerning services with properties specified by the consumer in the order placed by them or strictly connected to the given person

     d)    sales agreements in which the subject of the agreement is sound or visual recordings or computer programs supplied in sealed packaging if the packaging was opened after delivery by the Buyer;

     e)     agreements for the supply of digital content which is not recorded on a tangible medium where performance has begun with the Buyer's prior express consent before the end of the withdrawal period and after the Seller has informed the Buyer of the loss of the right to withdraw.

8.     Furthermore, the Buyer shall have the right to withdraw from the sales agreement with regard to part of the products which we are entitled to return to our suppliers within a maximum period of 14 days. The condition for accepting the return is the confirmation of the possibility of its inclusion by the manufacturer each time.

9.    Consumer – a person running a business who makes a purchase on the Website for purposes related directly to his business, but not having a professional nature, may withdraw from the purchase contract within 14 days of purchase without giving any reason, subject to exceptions specified by generally applicable rules.

10.   Consumer - a person running a business by making purchases on the Website for the purpose as above agrees to start the provision of the service before the expiry of 14 days to withdraw from the contract and
acknowledges the lack of possibility to withdraw from the contract.

11.   Consumer - a person running a business by making purchases on the Website for the purpose as above consents to the delivery of digital content and acknowledges that with their delivery, he loses the right to withdraw from the contract.

12.     Details regarding the exercise of the right to withdraw from the Sale Agreement, as a remote agreement, are set out in the provisions of the Consumer Rights Act of 30 May 2014 (consolidated text, Journal of Laws of 2019, item 134, 730),

§ 10. PERSONAL DATA PROTECTION

1.     The Seller is the administrator of the Buyers' personal data.

2.     The Seller as the Controller processes personal data in accordance with Regulation (UE) 2016/679 of the European Parliament and of the Council of 27.04.2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), the Personal Data Protection Act of 10 May 2018 (consolidated text,  Journal of Laws of 2019, item 1781) and other relevant data protection legislation.

3.     The Buyer may agree to the processing of their personal data by the Seller in order to receive the Newsletter to the e-mail address indicated by the Buyer.

4.     All detailed rules concerning the processing of personal data, including in particular the purposes and legal basis of the processing and the rights of the Buyers as data subjects, are contained in the Privacy Policy.

§ 11. FINAL PROVISIONS

1.     The Seller reserves the right to introduce restrictions on the use of the Online Shop due to technical repairs, maintenance works or works on improving its functionality. At the same time, the Seller undertakes to make every effort to ensure that such restrictions and interruptions take place during night hours and last as short as possible.

2.     The Seller reserves the right to amend these Terms and Conditions. Amendments shall enter into force at the time expressly indicated by the Seller, not earlier than 7 days after their announcement. Orders placed prior to the entry into force of the changes referred to in the preceding sentence will be executed according to the rules applicable at the time of their placement.

3.     Any disputes between the Seller and the Buyer - subject to their mutual agreement - shall be resolved amicably or in the presence of an independent and impartial mediator.

4.     The Buyer may submit a complaint via the EU ODR online platform, available at http://ec.europa.eu/consumers/odr/.

5.     In matters not covered by these Terms and Conditions, the relevant provisions of commonly applicable law shall apply, including in particular the provisions of the Civil Code, the Consumer Rights Act, the Copyright and Related Rights Act and the regulations on personal data protection.

6.     The Terms and Conditions are effective as of 20.05.2021.

Attachment No. 1 (Complaint Form)

EXAMPLE


Place, date


Down
(full name and address of the entrepreneur's registered office)

First name Last Name
Consumer's address

Complaints about the goods


I hereby inform that the goods purchased by me on ...... are defective. Defect
consists in ………………… The defect was found on ……………………… .. Due to
for the above, pursuant to the Act of April 23, 1964, the Civil Code, I request:

• replacement of the goods with a new one * (Art. 561 § 1)
• free repair of goods * (Art. 561 § 1)
• a reduction in the price of the goods by the amount of ............. (in words: ...........) PLN, I am asking for a refund of the given amount to my account ............ ../ by postal order to my address * (Article 560 § 1)
• I withdraw from the contract and ask for the reimbursement of the price of the goods to my account ............ * (Article 560 § 1)

Sincerely

* delete as appropriate

Attachment No. 2 (Withdrawal from the Sales Agreement)

EXAMPLE

Place, date
………………………………………
………………………………………
………………………………………

Name and surname of the consumer (s)
Consumer (s) address


Down
(full name and address of the entrepreneur's registered office)


Statement of withdrawal from a distance or off-premises contract

I / We (*) …………………. …………… hereby inform / inform (*) about my / our (*)
withdrawal from the contract of sale of the following items (*) ……………………………… .. ……
contracts for the delivery of the following items (*) ………………………………………………………… ..
a contract for specific work consisting in the performance of the following items / for the provision of the following service (*) .................................................................. .. ...................... ………… ..
Date of conclusion of the contract1 / receipt2 (*) ……………………………………… .. ……………….
……………………………………
Signature of the consumer (s)

(*) Delete as appropriate
1 to be provided if the contract concerned the provision of services
2 if the contract concerned the purchase of goods