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Terms & Conditions
GENERAL CONDITIONS OF SALE IN THE ONLINE STORE
§ 1 Definitions of terms
1. Online store - online ordering services at https://www.x4y.pl/en/ | https://acs-shop.pl/en/ | http://dongleservers.acs-shop.pl/usb_en/ are owned by P.P-B i P-U "ACS" Ltd., with its registered office in Warsaw, Poland, Hery 23 Str., postal code 01-497.
2. Whenever these general terms and conditions of sale refer to:
a) SELLER - it should be understood as ACS Ltd., with its registered office in Warsaw, Poland, Hery 23 Str , postal code 01-497 , entered in the Register of Entrepreneurs kept by the District Court in Warsaw, 13th Commercial Division of the National Court Register under KRS No. 0000055681, with VAT No. PL5210080798 and REGON No. 011031029
b) ONLINE STORE - it should be understood as an online ordering service run by the Seller at one of the addresses from point 1. ;
c) USER - means a person with the status of a consumer in understanding Article 221 of the Act of 23 April 1964 - Civil Code as amended by the Act of 30 May 2014. on consumer rights, as well as a sole proprietor or legal person running a business, which after registration has access to the offer of products of the Online Store;
d) TIME FOR COMPLETION OF THE ORDER - number of working days in which Seller will complete the order and send it from the Main Warehouse to the address indicated by the User;
e) MAIN WAREHOUSE - the place where the orders of Users are completed;
f) COMPLAINT DEPARTMENT - place for sending complaints and reporting non-compliance of the goods with the contract.
§ 2 General provisions
1. These general conditions of sale define the rules for the Seller, via the Store, to sell goods in its offer.
2. The entire content of the Store does not constitute an offer within the meaning of the Civil Code, and therefore placing an order by the User does not imply an immediate conclusion of a purchase and sale agreement. By completing the order form, the user submits an offer to buy a specific good or several items. After receiving the order by the Seller, the User receives confirmation of receipt of the order for identification. Immediately after verifying the data in the order, the User receives written information about the expected date of completion, payment method, terms and method of delivery. The purchase and sale agreement is concluded upon the written acceptance of the terms of the order by the User.
3. The owner of the Store shall exercise due diligence and make every effort to ensure that the descriptions of the presented goods are transparent and legible for the User and that the technical data of the products comply with the published specification of the manufacturer.
4. The online Store presents factory-new and remanufactured goods. In the case of goods other than the brand new ones, the relevant information in a way highlights the presented product. All goods are free of physical and legal defects and have been legally introduced onto the Polish market. The products have quality assurance of the manufacturer or the seller. The warranty conditions are given in the warranty card of the product. In the case of Users conducting business activity, the Seller's liability under the warranty is excluded.
5. Account registration by the User in the Store is tantamount to acceptance of these terms of sale.
6. Using the Store may take place only on the terms set out in these general terms of sale.
7. The Seller executes orders sent worldwide in accordance with EU law.
§ 3 Registration and protection of personal data
1. The condition for using the Store is the User's registration and acceptance of general terms and conditions of sale on the terms set out below.
2. The person completing the registration form declares that:
a) the data provided therein is complete and consistent with the facts,
b) has become familiar with the general terms of sale and undertakes to comply with them.
3. After completing and accepting the electronic registration form, the person obtains the status of the User.
4. During Registration on the website Store, the user must provide the following data:
a) e-mail address which will be a login identifying the user,
b) password,
c) name and surname,
d) address of residence or registered office
e) telephone number.
5. By completing the registration form, the user agrees to place the data provided during registration in the online store database and to process it for the purpose of processing and handling orders by the Seller, who is also the data controller, in accordance with the provisions of the Act of August 29, 1997 on the protection of personal data (Journal of Laws No. 133, item 883). Personal data contained in the online store database are protected and are not transferred to non-participating entities in the contract.
6. The User, in accordance with the above-mentioned Act, has the right to inspect their personal data and the possibility of correcting them. The seller provides each user with the right to control the processing of data in accordance with art. 32 of the Act on the Protection of Personal Data.
7. Sending by the Seller commercial and marketing correspondence, including within the meaning of the provisions of the Act of 18.07.2002 on the provision of electronic services (Dz.U.02.144.1204), to the home address or e-mail of the User, requires his separate consent expressed by selecting the appropriate option in the registration form.
8. The lack of consent to the processing of personal data referred to in §3 point 5 makes it impossible to complete the User's order.
§ 4 Prices and fees due for the delivery of ordered goods
1. All prices quoted on the Store websites are expressed in PLN, EURO or USD including VAT. The net price (without VAT) is also provided as information.
2. The price given for each product is the offer price, at the time when the User accepts the terms of the order received from the Seller, the agreed price becomes the final price. The Seller reserves the right to change the prices of goods on offer, to introduce new products to the offer of the Store and to remove inaccessible, carry out and cancel promotional campaigns on the Store's websites and introduce changes to them.
3. The price given for each product does not include shipping costs.
4. Delivery costs will be included in the value of the order after choosing the method of delivery.
§ 5 Submission and acceptance and execution of orders
1. The subject of the order are goods found on the Store at the time of ordering.
2. The User places an order for a product using the "Basket of orders".
3. By clicking on the "Add to basket" icon, the User accepts selected products according to their description and price and is willing to buy them in accordance with these general terms of sale.
4. After pressing the "Perform the order" button by the User, an email will be sent to the e-mail address provided by him, confirming that the order has been submitted for verification.
5. The Seller verifies the order and gives the User electronically or by phone the final conditions for implementation for acceptance.
6. The order delivery time is given to the User after order verification. The determined delivery time may change (shorten or lengthen) for reasons beyond the control of the Seller.
7. The ordered goods are collected by the User or a person authorized by him from the warehouse of the Seller or sent with the help of a courier company or own transport of the Seller.
The user is charged with delivery costs, published during checkout process.
§ 6 Payment methods
The Store accepts the following payment methods:
a) Cash on delivery (COD) - payment by cash to the courier upon delivery (only in Poland)
b) In cash - at the Seller's premises
c) By direct bank transfer to the seller's account indicated in the order confirmation
d) By e-transfer - Settlement of transactions by credit card and e-transfer is carried out via Dotpay.pl
e) by PayPal
The users to whom the Seller has granted the merchant's credit receive invoices with a deferred payment.
§ 7 The right to withdraw from the contract and the return policy
a) refers to Users who have the status of a consumer
1. A user with the status of a consumer (§ 1, point 2c) may withdraw from the contract without giving reasons, making a statement in writing within 14 days (fourteen days) from taking possession of things by the consumer or a third party designated by him, other than carrier. To comply with this deadline, it is enough to send a statement before its expiry in writing to the Seller's e-mail address biuro@acs.com.pl or by post to the address of the Seller's registered office. The seller shall immediately send the consumer a confirmation of receipt of the declaration of withdrawal from the contract.
2. The consumer is liable for a decrease in the value of things as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
3. In case of effective withdrawal from the contract by the User, he is obliged to return the received goods immediately, and in any case not later than 14 days from the day on which the Seller was informed about the consumer's decision to exercise the right to withdraw from the contract.
4. The consumer is obliged to deliver or send back by return the goods to the address of the Complaint Department: ACS Ltd., Hery 23 Str., 01-497 Warsaw.
5. All charges due for the delivery of the ordered goods, including refundable postage costs, shall be returned to the consumer within 14 days of receiving or confirmed sending of the returned goods.
6. The reimbursement of the payment shall be made by the Seller using the same payment methods as were used by the consumer used in the original transaction, unless the consumer clearly agrees otherwise; in any case, the consumer shall not bear any fees in connection with this return.
7. The right to withdraw from the Agreement does not exclude the User's rights resulting from the Seller's liability for defects in the goods and the manufacturer's warranty.
b) refers to Users who do not have the status of a consumer and consumers, if the consumer is obliged to pay an amount not exceeding 50 PLN (fifty zloty.
1. Users who do not have the status of a consumer may withdraw from the contract with the consent of the Seller.
2. The procedure of withdrawal from the contract and the procedure of returning the goods and settlements is carried out on the basis of mutual agreement.
§ 8 Place and manner of lodging a complaint (notification of non-conformity of the goods with the contract)
1. The User submits complaints by ordinary mail to the address of the Seller's registered office or electronic mail to the following address: reklamacje@x4y.pl
2. The complaint should specify the reason for its submission and the scope of activities that the User expects from the Seller.
3. The condition for considering the complaint by the Seller is:
a) the product has factory defects, damage or incompatibility with the order
b) delivery of the product advertised to the Complaint Department to the following address: ACS Sp. z o.o., ul. Hery 23, 01-497 Warsaw together with a complaint document and the original packaging.
4. If the Seller accepts a complaint regarding defects of the delivered goods, the Seller will try to repair the defective goods, and if this is ineffective, it will provide the User with a new defective one. In the case when delivery of a new, defective part is not possible, the Seller will return the price paid by the buyer to him.
§ 11 Competitions and Promotions
The Store can organize contests and promotions. All issues related to organizing them, if it is required by law, will be specified in the regulations of competitions.
§ 12 Final provisions
1. In matters not covered by these general terms and conditions of sale, the provisions of the Act of 23 April 1964 - the Civil Code with later amendments and the changes introduced by the Act of May 30, 2014 shall apply. on consumer rights and the Act of 30 May 2014. on consumer rights.
2. The competent court for the settlement of disputes arising from the sale agreement concluded by the User with the Seller is the court competent for the registered office of the Seller. In the case of a User with the status of a consumer, the competent court is the court having jurisdiction over the place of residence of the User or the court competent for the registered office of the Seller.
3. These general conditions of sale are available in electronic version at www.x4y.pl. It is presumed that the User, while placing the order, read the content of these general conditions of sale and that he accepts their content.