1. GENERAL PROVISIONS
1. The SDPROG.COM online shop, operating under the address: sdprog.com, is run by E-VOLT Wojciech Zaremba, based at: Solonka 58, 36-043 Straszydle, operating under NIP: 813-351-89-35, REGON: 180339428.
(2) These Rules and Regulations of the Online Shop define the principles of making purchases in the online shop SDPROG.COM and, in particular, the principles and procedure for the conclusion of distance sales agreements through the Store, as well as the procedure for complaints and the procedure for withdrawal from the agreement by the Consumer.
(3) With respect to Services provided electronically, these Rules and Regulations are the Rules and Regulations referred to in Article 9 of the Act on Provision of Electronic Services of 18 July 2002 (i.e. Journal of Laws of 2020, item 344, as amended).
(4) The Regulations are addressed to all Customers of the Store. All Customers are obliged to familiarise themselves with the provisions of the Rules and Regulations before making a purchase.
(5) Each Customer is obliged to comply with the provisions of the Rules and Regulations. Sales take place on the basis of the version of the Terms and Conditions in force at the time of order.
(6) Each Customer can read the Rules and Regulations at any time by clicking on the hyperlink “Store Rules and Regulations” on the website of the Store sdprog.com. The Rules and Regulations can be downloaded and printed at any time.
(7) All information contained on the sdprog.com Shop website relating to products (including prices), do not constitute an offer within the meaning of Article 66 of the Civil Code of 23 April 1964 (i.e. Journal of Laws of 2020, item 1740, as amended), but an invitation to conclude a contract, pursuant to Article 71 of the Civil Code of 23 April 1964 (i.e. Journal of Laws of 2020, item 1740, as amended). The Customer, by sending the Order Form, makes an offer to purchase the indicated Goods for the price and under the conditions specified in the description.
2. DEFINITIONS
Terms and Conditions – this set of regulations organizing the rules of using the Shop’s Services by the Customers.
Consumer (contracts concluded before 1 January 2021) – a natural person, making a civil law contract through the Store, not directly related to his/her business or professional activity.
Consumer (contracts concluded from 1 January 2021 onwards) – the following are regarded as Consumers:
– a natural person making a civil law contract through the Shop, not directly related to his/her economic or professional activity – the so-called “Consumer sensu stricto”
and
– a natural person entering into a civil law contract through the Shop, directly related to his or her business, when the content of that contract indicates that it is not of a professional nature for that person, arising in particular from the subject of his or her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity – the so-called “Entrepreneur on the rights of the Consumer”.
For the purposes of these Terms and Conditions, it is assumed that in the absence of a distinction between the two groups of entities indicated, the Terms and Conditions refer to both Consumers sensu stricto and Entrepreneurs on the rights of Consumers.
Customer – a natural person (including the Consumer) who is at least 13 years of age (provided that he or she has obtained the consent of the statutory representative), a legal person and an organisational unit that is not a legal person but to which specific provisions grant legal capacity, which uses Services provided by the Shop.
Order Form – a Service available on the website of the Store, by means of which the Customer may make a purchase, in particular by adding Goods to the Basket and specifying certain terms of the Sales Agreement, e.g. manner of delivery and payment.
Basket – an element of the Store where the Goods selected by the Customer are visible and where the Customer can determine and modify the Order details, including the quantity of the purchased Products.
Shop – the website belonging to the Seller, available under the domain: sdprog.com, through which the Client can purchase Goods from the Seller.
Seller – E-VOLT Wojciech Zaremba with its registered office at: Solonka 58, 36-043 Straszydle, NIP: 813-351-89-35, REGON: 180339428 who, in the course of his commercial or professional activity, offers sales via his website.
Goods – a movable item traded between the Shop and the Customer, the conditions of sale of which are specified in the Order Form.
Contract of sale – a contract of sale of Goods at a distance concluded by the Customer through the Shop, usually by means of the Order Form.
3. ACCEPTANCE AND PROCESSING OF ORDERS
(1) A prerequisite for using the Store is reading and accepting these Terms and Conditions. By placing an order the Customer accepts the content of the Terms and Conditions.
(2) Orders from Customers are accepted by sending an Order Form, made through the website: sdprog.com or by e-mail to evolt.sprzedaz@gmail.com, 7 days a week, 24 hours a day.
(3) The order of the Goods is completed by selecting the Goods in which the Customer is interested, clicking the button “ADD TO CART”, located next to the description of the Goods, and then, from the level “CART”, located in the tab of the Store, completing the Order Form, including the selection of the form of delivery and payment or selection of the option of payment on delivery, if available for the selected Goods, and then clicking confirmation of purchase.
(4) Entrepreneurs, recognised as so-called Entrepreneurs on the rights of consumers (see definition of “Consumer” in these Terms and Conditions), entering into contracts after 1 January 2021, will have to indicate, already at the time of ordering the Goods, that the purchase is not of a professional nature for them.
(5) Once an order has been placed, the Customer shall receive a confirmation of the order placed to his/her e-mail address as specified in the Order Form.
(6) Once the Customer has received the confirmation of acceptance of the offer, the Seller’s order processing begins, whereby:
a. in the case of placing an order payable on delivery – it begins on the next working day at the most, after its confirmation by the Seller.
b. in the case of an order paid by traditional transfer – it begins after the payment for the placed order is credited to the Store’s bank account.
7th Orders placed in the Store are processed during the working hours of the Store (on working days, Monday to Friday, from 8:00 a.m. to 2:30 p.m. Orders placed on working days after 2:30 p.m., on Saturdays, Sundays or holidays will be processed on the next working day. Exceptions are orders for the electronic programme (activation code), which are processed immediately and automatically 24/7 if payment is made via PayU, PayPal, Blik, Payment Card.
(8) The Customer will receive a message about acceptance of the order for fulfilment, which is understood as the Seller’s statement of acceptance of the offer. Upon its receipt, by the Customer, the Sales Agreement is concluded.
9th A VAT receipt is issued for each order. At the Customer’s request, a VAT invoice will also be sent.
10th The available means of communication between the Customer and the Store are:
a. E-mail – evolt.sprzedaz@gmail.com
b. Telephone – +48 531-866-455
(11) The price given in the order is the total value that the Customer is obliged to pay (gross price). It includes applicable tax. The cost of delivery is not included in the price as it depends on the method of delivery chosen by the Customer for the purchase.
(12) The Seller reserves the right to change prices in the Store, introduce new Goods for sale, conduct and cancel promotional campaigns or make changes thereto, in accordance with applicable law.
(13) If the Consumer is obliged to pay more than the agreed price described in the preceding paragraph, the Shop shall immediately inform the Consumer of this fact, explaining the reason for the price difference. Charging the Consumer with additional costs shall only take place after obtaining the Consumer’s express consent.
4. DELIVERY AND TRANSPORT COSTS
(1) The fulfilment of the dispatch of the order in the Shop shall take place via:
parcel machine
courier
electronic delivery (e-mail)
(2) Orders placed in the Store are processed only on working days. Orders placed on Saturdays, Sundays and holidays will be processed on the next working day.
(3) The waiting time for delivery is usually: 1-2 days. The waiting time consists of the processing time of the order, i.e. the completion of the Goods for the order and the expected delivery time, which is from 24 hours, in the case of Poland.
4th The Seller is not responsible for delays caused by the carrier.
(5) During the collection of the parcel delivered by the courier, the Customer should carefully check the content and completeness of the parcel, the condition of the outer packaging and the condition of the ordered Goods in his presence. In the case of damage to the parcel, the Customer should draw up a damage protocol with the courier, in two identical copies signed by the Customer and the courier.
5. PAYMENT PROCESSING
1. The following methods of payment are possible in the operation of the Store:
– cash on delivery – on collection of the parcel;
– by transfer, to the bank account – 43 1140 2004 0000 3102 5451 2990;
– by PayU, PayPal, Blik, Payment Card; 2.
2. The Customer who has chosen the option of payment by bank transfer is obliged to pay for the order within five (5) working days from the date of placing the order. Otherwise, the Seller’s offer is not binding and the order is removed from the system. In the title of the payment, it is sufficient to indicate only the number of the order being placed. There is the possibility of extending the payment period, with prior notification to the Shop staff.
6. COMPLAINT
1. The Seller shall be liable under warranty for physical and legal defects of the Goods to the extent specified in Article 556 and the following articles of the Civil Code Act of 23 April 1964 (i.e. Journal of Laws of 2020, item 1740, as amended).
2. A physical defect of the Goods shall consist in non-compliance of the sold Goods with the contract, which occurs when:
The Goods do not have the properties they should have due to the purpose of the contract, resulting from the circumstances or intended use;
The Goods do not have properties, of which the Seller assured the Customer;
The Goods are not suitable for the purpose, which the Customer informed the Seller about at the conclusion of the contract, and the Seller did not make any reservations as to such purpose;
The Goods have been delivered to the Customer in an incomplete condition. 3.
3. A legal defect of the Goods occurs when the Goods are the property of a third party or are encumbered with the right of a third party, when the restriction on the use or disposal results from the decision or ruling of a competent authority.
4. In the case of a Consumer, public assurances of the manufacturer or the entity which markets the Goods, within the scope of its business activity, or which presents itself as the manufacturer, shall be deemed equal to the assurances of the Seller. However, the Seller shall not be liable when such assurances were not known to him or could not have been known to him or when such assurances could not have influenced the Consumer’s decision to conclude the sales contract, as well as when the content of such assurances was corrected before the conclusion of the sales contract.
5. The Seller shall be liable under the warranty if a physical defect is discovered before the expiry of two years from the date of delivery of the goods to the Consumer.
6. In the case of a Consumer, if a physical defect is established before the lapse of one year from the date of issue of the Goods, it shall be presumed that the defect or its cause existed at the time of issue of the Goods.
7. If the buyer is a Consumer and the physical defect was established before the lapse of one year from the date of delivery of the Goods sold, the defect or its cause shall be presumed to have existed at the time when the danger passed to the buyer.
8. If the Goods have a defect, the Customer may make a declaration to reduce the price or withdraw from the contract, unless the Seller immediately replaces the defective Goods with defect-free Goods or removes the defect. This limitation shall not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has not fulfilled the obligation to replace the Goods with defect-free or remove the defect.
9. If the Goods have a defect, the Customer may also request that the Goods be replaced with a defect-free one or that the defect be removed.
10. The Customer may, instead of removal of the defect proposed by the Seller, demand replacement of the Goods with defect-free ones or, instead of replacement of the Goods, demand removal of the defect, unless bringing the Goods into conformity with the agreement in a manner chosen by the Customer is impossible or would require excessive costs in comparison with the manner proposed by the Seller.
11. The Customer may not withdraw from the contract if the defect is insignificant.
12. Complaints concerning the Goods, may be submitted:
a. in writing, to the address E-VOLT Synów Pułku 1, 35-507 Rzeszów;
b. by e-mail, to the e-mail address indicated in the confirmation of the Order.
13. The complaint should include:
a. data of the person lodging the complaint (name and surname, correspondence address, optionally – e-mail address and contact telephone number);
b. indication of the reason for the complaint and the content of the request;
c. number of the Order, as appearing in the confirmation of acceptance of the Order;
d. the original or a copy of the proof of purchase (e.g. receipt or invoice) may facilitate the lodging of the complaint, but is not necessary to lodge it.
14. the Customer, exercising the rights resulting from the warranty, shall deliver the defective Goods, at the Seller’s expense, to the address: E-VOLT Synów Pułku 1, 35-507 Rzeszów.
15. the Seller undertakes to respond to the complaint within fourteen (14) days from the date of its receipt.
16. If the complaint is justified, the Seller undertakes to replace the defective Goods with Goods free of defects or remove the defect within fourteen (14) days from the date of filing the complaint by the Customer.
17. In the case of an effective withdrawal from the contract, the Seller undertakes to refund the payment within fourteen (14) days, from the date of receipt of the withdrawal from the contract, with the proviso that the refund will not take place until the Goods are received back or the Customer provides proof of their return.
18. If the Consumer has requested a replacement of the Goods or removal of the defect or has made a statement of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within fourteen (14) days, the Seller shall be deemed to have acknowledged the request.
19. A claim for rectification of a defect or replacement of the Goods with defect-free Goods shall be time-barred with the lapse of one (1) year, counting from the date of discovery of the defect. In the case of a Consumer, the period of limitation shall not end before the expiry of two (2) years.
20. The above provisions do not exclude the possibility of the Seller to provide a guarantee for the purchased Goods, which is provided for in separate guarantee regulations.
7. RIGHT OF WITHDRAWAL
1. In accordance with the Consumer Rights Act of 30 May 2014. (i.e. Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the contract of sale of the Goods purchased from the Store, without giving any reason, by making a relevant statement in writing, within fourteen (14) days, counting from the date of delivery of the Goods (i.e. from the date of receipt of the Goods by the Consumer). It is sufficient for the Consumer to keep this deadline by sending the statement, before its expiry.
2. The Consumer may withdraw from the contract by submitting to the Seller a declaration on withdrawal from the contract. A model declaration is enclosed as Attachment No. 1 to these terms and conditions.
3. The declaration of withdrawal from the contract should be sent to the address: E-VOLT Synów Pułku 1, 35-507 Rzeszów.
4. The Consumer shall return the Goods to the Seller within fourteen (14) days from the date of withdrawal. To meet the deadline it is sufficient to send back the Goods before its expiry.
5. Return of the Goods shall be made to the Seller’s address: E-VOLT Synów Pułku 1, 35-507 Rzeszów.
6. The Seller, within fourteen (14) days from the date of receipt of notice of withdrawal from the contract, shall refund to the Consumer all payments made by the Consumer, including the cost of delivery of the Goods, but the refund shall not be made until the Goods are received back or the Consumer provides proof of return.
7. The Seller shall refund the payment using the same method of payment used by the Consumer.
8. The Consumer shall bear the costs of returning the Goods to the Seller.
9. The right of withdrawal from the Sales Contract shall not be granted to the Consumer in relation to the contract:
– in which the object of the performance is a non-refabricated item produced to the Consumer’s specifications or serving to satisfy his/her individualised needs;
– in which the object of the performance is an item that deteriorates rapidly or has a short shelf life;
– in which the object of the performance is an item supplied in a sealed package which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;
– where the object of the performance is the provision of goods which, by their nature, are inseparable from other goods after delivery;
– where the subject matter of the performance is sound or visual recordings or computer software supplied in sealed packaging if the packaging has been opened after delivery;
– for the supply of newspapers, periodicals or magazines with the exception of subscription contracts;
– where the price or remuneration is dependent on fluctuations in the financial market which are beyond the trader’s control and may occur before the end of the withdrawal period;
– 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;
10. the right of withdrawal from a contract concluded at a distance shall not be granted to an entity other than the Consumer, within the meaning adopted for the purposes of these Terms and Conditions (see definition of “Consumer”).
8. OUT-OF-COURT DISPUTE RESOLUTION
1. In the event that the complaint procedure fails to produce the result expected by the Consumer, the Consumer may make use of, inter alia:
– Mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
– Assistance from a locally competent permanent arbitration consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of a case before an arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
– Free assistance of the municipal or district consumer ombudsman.
– The online ODR platform available at: http://ec.europa.eu/consumers/odr/.
2. This chapter entitled “Out-of-court dispute resolution” does not apply to one category of persons described in these Terms and Conditions as Consumers, the so-called “Entrepreneurs on consumer rights”, which came into force for contracts concluded from 1 January 2021. In view of this, for all contracts, this chapter shall only apply to entities belonging to the so-called category of Consumer sensu stricto.
9. DATA PROTECTION
1. The Customer, by placing an order, agrees to the processing, provided by him/her, of his/her personal data, for the purpose of fulfilling and servicing the order, by the Seller, who is also the controller of the personal data, within the meaning of Article 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1-88.
2. The administrator of the personal data provided by the Customer when using the Shop is the Seller.
3. Personal data, contained in the Seller’s database, shall not be transferred to entities that do not participate in the performance of the Sales Contract.
4. The Customer, in accordance with Article 15 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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), OJ L 119, 4.5.2016, p. 1-88, has the right to access his/her personal data and may request its correction or deletion. The Vendor provides each Customer with the right to control the personal data processed.
5. The provision of personal data is voluntary, however, the lack of consent to the processing of personal data prevents the fulfilment of the Customer’s order.
6. Detailed information on personal data and privacy protection is provided in the “Privacy Policy” tab on the Shop’s website.
10. FINAL PROVISIONS
1. The Rules and Regulations set out the principles for the conclusion and performance of a Sales Agreement for the Goods displayed on the website of the Store.
2. The contract of sale is concluded between the Customer and the Seller.
3. Terms and Conditions are available to all customers in electronic form on the website of the Store sdprog.com.
4. In order to use the Store’s Services, it is necessary to have equipment that allows access to the Internet and a web browser that allows the display of web pages, as well as to provide an e-mail address to send information about the implementation of the order.
5th It is forbidden for anyone, including customers, to place illegal content on the Store’s website.
6. In matters not covered by these Terms and Conditions of Use, the relevant provisions of commonly applicable law shall apply.
7. These Terms and Conditions do not exclude or limit any of the rights of a Customer who is a Consumer, which he is entitled to under mandatory provisions of law. In the event of any conflict between the provisions of the Terms and Conditions and mandatory provisions of law granting rights to consumers, the provisions in question shall prevail.
8. In the event that any provision of these Terms and Conditions is or should become invalid or ineffective, the validity of the entire Terms and Conditions in the remaining part shall not be affected. In such a case, the Parties shall replace the invalid or ineffective provision with another provision that reflects the intended economic purpose as closely as possible. Accordingly, this shall also apply to any gaps in the Terms and Conditions.