Rules

1. Rules fotech Online Shop
2. Returns and complaints policy

3. Rules VIPro Loyalty Program
4. Rules VIPro Lottery

 

 

ONLINE STORE TERMS AND CONDITIONS

 

1.

These Terms and Conditions specify the general terms and conditions, rules and manner of sales performed by V-PROTECT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Police, via the fotech.com.pl online store (hereinafter referred to as the "Online store") and define the terms and conditions for the provision of free electronic services by V-PROTECT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Police.


§ 1 Definitions

 

1.

Business days – means weekdays from Monday to Friday excluding public holidays.

 

2.

Delivery – means an actual act of delivering the Goods to the Customer by the Seller specified in the order.

 

3.

Supplier – means a courier company with which the Seller cooperates in the scope of delivery of the Goods.

 

4.

Password – means a sequence of letter, digital or other characters chosen by the Customer when registering with the Online store, used to secure access to the Customer's Account in the Online store.

 

5.

Customer – means an entity for the benefit of whom, under the Terms and Conditions and the law, electronic services can be provided or with whom the Sales Agreement can be concluded.

 

6.

Consumer – means a natural person performing a legal act with a entrepreneur which is not directly related to its commercial or professional activity.

 

7.

Customer Account – means an individual panel for each Customer, launched on its behalf by the Seller, after the Customer has registered and concluded an agreement for the provision of the Customer Account service.

 

8.

Entrepreneur – means a natural person, a legal person or an organisational unit which is not a legal person but to which the law confers legal capacity, conducting a business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.

 

9.

Entrepreneur with the consumer rights – means a natural person concluding the Sales Agreement directly related to its business activity, when the content of the Sales Agreement shows that it does not have a professional character for this Entrepreneur, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

 

10.

Terms and Conditions - means these Terms and Conditions.

 

11.

Registration - means an actual action performed in the manner specified in the Terms and Conditions, required for the Customer to use all the functionalities of the Online store.

 

12.

Seller - means V-PROTECT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Police (72-010), ul. Tanowska 18, NIP [Tax Identification Number]: 8513263565, REGON [National Business Register]: 389816906, entered in the register of entrepreneurs kept by the District Court Szczecin-Centrum in Szczecin, 13th Commercial Division of the National Court Register under the KRS [National Court Register] number 0000919383, with the share capital of PLN 5,000; e-mail: biuro@v-protect.pl, which is also the owner of the Online store.

 

 

BDO [Product, Packaging and Waste Management Database] number - 000543999.

 

13.

Store Website - means the website under which the Seller operates the Online store, operating in the domain fotech.com.pl.

 

14.

Goods - means a product presented by the Seller via the Store's Website which can be the subject of a Sales Agreement.

 

15.

Durability - the ability of the Goods to retain their function and characteristics in the course of normal use.

 

16.

Durable medium - means a material or tool enabling the Customer or the Seller to store information addressed personally to the Customer or the Seller in such a way that the information can be accessed in the future for a period of time appropriate to the purposes for which the information is used and which allows the unchanged reproduction of the stored information.

 

17.

Sales Agreement - means a distance sales agreement, under the Terms and Conditions, between the Customer and the Seller.


§ 2 General provisions and use of the Online store

 

1.

All rights to the Online Store, including property copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website as well as to the templates, forms, logotypes placed on the Online Store Website (with the exception of logotypes and photographs presented on the Online Store Website for the purpose of presenting goods, the copyrights to which belong to third parties) belong to the Seller, and their use can be performed only in the manner specified and in accordance with the Terms and Conditions and with the consent of the Seller expressed in writing.

 

2.

The Seller will endeavour to ensure that the use of the Online store is possible for Internet users using all popular web browsers, operating systems, device types and Internet connection types. The minimum technical requirements for using the Store's Website are a web browser with at least Microsoft Edge 109 or Internet Explorer 11 or Chrome 110 or Firefox 109 or Opera 95 or Safari 11 or later, with Javascript enabled, accepting cookies and an internet connection of at least 256 kB/s. The Store website is optimised for a minimum screen resolution of 1024x768 pixels.

 

3.

The Seller uses a mechanism of "cookies" files which are saved by the Seller's server on the hard drive of the Customer's final device when the Customers use the Store's Website. The use of cookies is aimed at the proper operation of the Store's Website on Customers' terminal devices. This mechanism does not damage the Customer's terminal equipment and does not cause any configuration changes to the Customer's terminal equipment or the software installed on these devices. Each Customer can disable the "cookies" in the web browser of its terminal device. The Seller points out that disabling "cookies" can, however, cause difficulties or make it impossible to use the Store's Website.

 

4.

In order to place an order in the Online Store via the Store Website and to use the services provided electronically via the Store Website, it is necessary for the Customer to have an active e-mail account.

 

5.

It is forbidden for the Customer to provide unlawful content and to use the Internet Store, the Store's Website or free services provided by the Seller in a manner contrary to the law, good morals or violating personal rights of third parties.

 

6.

The Seller declares that the public nature of the Internet and the use of services provided electronically can be associated with the risk of obtaining and modifying Customers' data by unauthorised persons, therefore Customers should use appropriate technical measures to minimise the aforementioned risks. In particular, they should use anti-virus and identity protection software to protect the identity of those using the Internet. The Seller will never ask the Customer to provide the Password in any form.

 

7.

It is not permissible to use the resources and functions of the Internet Store in order for the Customer to perform an activity that would breach the interests of the Seller, i.e. advertising activity of another entrepreneur or product; activity consisting of posting content unrelated to the Seller's activity; activity consisting of posting false or misleading content.


§ 3 Registration

 

1.

In order to create a Customer Account, the Customer is obliged to register free of charge.

 

2.

Registration is not necessary to place an order in the Online store.

 

3.

In order to register, the Customer should fill in the registration form made available by the Seller on the Store's Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.

 

4.

When completing the registration form, the Customer has the opportunity to read the Terms and Conditions accepting their content by ticking the appropriate box in the form.

 

5.

During Registration, the Customer can voluntarily consent to the processing of its personal data for marketing purposes by ticking the relevant box in the Registration form. In this case, the Seller shall clearly inform about the purpose of collecting the Customer's personal data as well as the known or anticipated recipients of such data.

 

6.

The Customer's consent to the processing of its personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the electronic provision of the service of maintaining the Customer's Account. The consent can be withdrawn at any time by submitting an appropriate declaration of the Customer to the Seller. The declaration can, for example, be sent to the Seller's address via e-mail.

 

7.

After submitting the completed registration form, the Customer receives immediately, by e-mail to the e-mail address provided in the registration form, a confirmation of the Registration by the Seller. At this moment, the agreement on electronic provision of the service of maintaining the Customer's Account is concluded, and the Customer gains the possibility to access the Customer's Account and make changes to the data provided during the Registration.

§ 4 Orders

 

1.

The information contained on the Store's Website does not form an offer of the Seller under the Civil Code, but only an invitation to customers to submit offers for the conclusion of a sales agreement.

 

2.

The Customer can place orders in the Online store via the Store's Website 7 days a week, 24 hours a day.

 

3.

The Customer placing an order via the Store's Website completes the order by selecting the Goods in which it is interested. The Goods are added to the order by selecting the "ADD TO CART" command under the given Goods presented on the Store's Website. The Customer, having completed the entire order and having indicated in the "CART" the manner of delivery and the form of payment, places the order by sending the order form to the Seller by selecting the "Confirm purchase with obligation to pay" button on the Store's Website. Each time before sending the order to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as all additional costs he is obliged to pay in connection with the Sales agreement.

 

4.

Placing an order forms an offer placed by the Customer to the Seller to conclude the Sales agreement for the Goods which are the subject of the order.

 

5.

Once an order has been placed, the Seller sends a confirmation of the order to the e-mail address provided by the Customer.

 

6.

Subsequently, upon confirmation of the order placement, the Seller sends to the e-mail address provided by the Customer information on acceptance of the order for processing. The information about accepting the order for fulfilment is the Seller's declaration of accepting the offer specified in §4 section 4 above and upon its receipt by the Customer the Sales agreement is concluded.

 

7.

Once the Sales agreement has been concluded, the Seller confirms its terms and conditions to the Customer by sending them on a durable medium to the Customer's e-mail address or in writing to the address specified by the Customer when registering or placing the order.

 

8.

When making payments for the purchased Goods, specified in Appendix no. 15 to the Act of 11 March 2004 on Value Added Tax (consolidated text, Journal of Laws 2018 item 2174, as amended), which payments are documented by an invoice in which the total amount due exceeds PLN 15,000 gross or an equivalent amount - taxpayers are obliged to apply the mechanism of divided payment, in accordance with the applicable regulations, as far as it is applicable to the Customer placing the order.

 

 

The invoice issued by the Seller specified above shall include the words: "split payment mechanism". The parties to such a transaction shall have a settlement account referred to in Art. 49 section 1 point 1 of the Act of 29 August 1997. - Banking Act or a named account in a co-operative savings and credit union opened in connection with the conducted business activity, kept in the Polish currency.


§ 5 Payments

 

1.

The prices on the Website of the Store placed next to the given Goods are gross prices and do not include information on delivery costs and any other costs which the Customer will be obliged to incur in connection with the Sales agreement, of which the Customer will be informed while selecting the manner of delivery and placing the order.

 

2.

The Customer can choose the following forms of payment for the Goods ordered:

 

a)

bank transfer to the Seller's bank account (in this case, the processing of the order will be commenced after the Seller has sent the Customer a confirmation of acceptance of the order and after the funds have been credited to the Seller's bank account);

 

b)

payment card or bank transfer through the external PayU payment system, operated by PayU S.A. company with its registered office in Poznań (in this case, the processing of the order will be initiated after the Seller has sent the Customer a confirmation of the order acceptance and after receiving information from the PayU system that the payment has been successfully completed);

 

c)

payment card, bank transfer or BLIK through imoje external payment system, operated by the company ING Bank Śląski S.A. with its registered office in Katowice (in this case, order processing will begin after the Seller has sent the Customer a confirmation of order acceptance and after receiving information from the imoje system that the payment has been successfully completed);

 

d)

bank transfer through PayPal external payment system, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. with its registered office in Luxembourg (in this case, the processing of the order will be initiated after the Seller has sent the Customer a confirmation of acceptance of the order and after the Seller has received information from PayPal that the payment has been made by the Customer);

 

e)

cash on delivery in the territory of the Republic of Poland, payment to the Supplier at the time of delivery (in this case, the processing of the order will be initiated after the Seller has sent the Customer a confirmation of acceptance of the order);

 

f)

cash on delivery in person - payment at the Seller's office (in this case, the order will be processed immediately after the Seller has sent the Customer an order confirmation, and the Goods will be delivered at the Seller's office);

 

g)

by payment card via the external payment system Google Pay, operated by the company Google Payment Ireland Limited with its registered office in Ireland (in this case, the processing of the order will be commenced after the Seller has sent the Customer a confirmation of acceptance of the order and after receiving information from the Google Pay system that the payment carried out has been successfully completed);

 

h)

by payment card via Apple Pay, an external payment system operated by Apple Inc. based in the USA (in this case, the processing of the order will be initiated after the Seller has sent the Customer a confirmation of acceptance of the order and after receiving information from the Apple Pay system that the payment has been successfully completed).

 

3.

The Customer shall make payment for the order in the amount resulting from the concluded Sales agreement within 7 Business days if it has opted for prepayment.

 

4.

If the Customer fails to make the payment within the time limit referred to in §5.3 of the Terms and Conditions, the Seller shall set an additional time limit for the Customer to make the payment and inform the Customer about it on a durable medium. The information about the additional time limit for payment shall also include information that upon ineffective lapse of this time limit, the Seller shall withdraw from the Sales Agreement. If the second deadline for payment expires ineffectively, the Seller shall send the Customer a declaration of withdrawal from the agreement on a durable medium pursuant to Art. 491 of the Civil Code.


§ 6 Delivery

 

1.

The Seller shall perform the Delivery in the territory of the European Union.

 

2.

The Seller is obliged to deliver the Goods in accordance with the Sales agreement.

 

3.

The Seller shall post on the Store's Website information on the number of Business days required for Delivery and Order Processing.

 

4.

The Delivery and Order Fulfilment Period specified on the Store's Website is calculated in Business Days in accordance with §5(2) of the Terms and Conditions.

 

5.

The ordered Goods are delivered to the Customer via the Supplier at the address specified in the order form.

 

6.

On the day of dispatch of the Goods to the Customer (if the possibility of collecting the Goods in person has not been selected), information confirming dispatch by the Seller is sent to the Customer's e-mail address.

 

7.

The Customer shall be obliged to examine the delivered parcel at the time and in the manner usual for parcels of a given type. In the event of any defect or damage to the consignment, the Customer shall have the right to request an employee of the Supplier to draw up an appropriate protocol.

 

8.

The Customer has the possibility to collect the ordered Goods in person. The collection can be made at the Seller's office on Business Days, during the opening hours specified on the Store's Website, after arranging the collection date with the Seller via e-mail or by telephone.

 

9.

The Seller shall, at the Customer's option, enclose with the consignment being delivered either a receipt or a VAT invoice covering the Goods delivered.

 

 

In order to receive a VAT invoice, the Customer should declare at the time of purchase that it is purchasing the Goods as the Entrepreneur (taxpayer). This declaration is made by ticking the appropriate box on the order form, before sending the order to the Seller.

 

10.

In the event of the Customer's absence at the address provided by the Customer when placing the order as the Delivery address, an employee of the Supplier will leave an advice note or attempt to contact the Customer by telephone to arrange a date when the Customer will be present. In the event that the ordered Goods are returned to the Online store by the Supplier, the Seller will contact the Customer by email or telephone, re-arranging with the Customer the date and cost of Delivery.


§ 7 Implied warranty for the Entrepreneurs

 

1.

The Seller shall ensure delivery of Goods free of defects. The Seller bears liability towards the Entrepreneur if the Goods have a defect.

 

2.

If the Goods have a defect, the Entrepreneur can:

 

a)

make a declaration on reducing the price or withdrawing from the Sales agreement, unless the Seller immediately and without undue inconvenience for the Entrepreneur replaces the defective Goods with defect-free Goods or removes the defect.

 

 

This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has failed to fulfil his obligation to replace the Goods with defect-free Goods or remove the defects. The Entrepreneur can, instead of rectification of defects proposed by the Seller, demand replacement of the Goods with defect-free Goods or, instead of replacement of the Goods, demand rectification of defects, unless bringing the Goods into compliance with the agreement in a manner chosen by the Entrepreneur is impossible or would require excessive costs in comparison with the manner proposed by the Seller. When assessing the excessive costs, the value of the Goods free from defects, type and significance of the defect found shall be taken into account as well as inconvenience to which the Entrepreneur would be exposed by another way of satisfaction.

 

 

The Entrepreneur cannot withdraw from the sales agreement if the defect is immaterial.

 

b)

demand to replace the defective Goods with goods free from defects or remove the defect. The Seller shall be obliged to replace the defective Goods with defect-free Goods or remove the defect within a reasonable time without undue inconvenience for the Entrepreneur.

 

 

The Seller can refuse to satisfy the entrepreneur's request if bringing the defective Goods into compliance with the Sales agreement in a manner chosen by the entrepreneur is impossible or would require excessive costs compared to the other possible manner of bringing them into compliance with the Sales agreement. The cost of repair or replacement shall be borne by the Seller.

 

3.

The Seller shall be liable under the implied warranty if a physical defect is discovered before the expiry of two years from the delivery of the Goods to the entrepreneur. A claim for rectification of a defect or replacement of Goods with defect-free Goods shall become time-barred after one year, but this period cannot end before the expiry of the period specified in the first sentence. Within this period, the Entrepreneur can withdraw from the Sales agreement or make a declaration of price reduction due to a defect in the Goods. If the Entrepreneur demanded replacement of the Goods with defect-free Goods or removal of the defect, the time limit for withdrawal from the Sales agreement or submitting a declaration on price reduction starts upon ineffective expiry of the time limit for replacement of the Goods or removal of the defect

 

4.

The Entrepreneur who exercises the implied warranty rights is obliged to deliver the defective item to the Seller's address. The cost of delivery is covered by the Seller.

 

5.

Any complaints relating to the Goods or the performance of the Sales agreement can be addressed by the Entrepreneur in writing to the Seller's address.

 

6.

The Seller shall, within 14 days from the date of the request containing the complaint, respond to the complaint about the Goods or the complaint related to the performance of the Sales agreement submitted by the Entrepreneur.


§ 8 Non-compliance of goods with the agreement

The complaints of the Consumer and the Entrepreneur with consumer rights

 

1.

The goods are compliant with the agreement if, in particular, the following aspects remain in compliance with the agreement:

 

a)

description, type, quantity, quality, completeness, functionality and, for goods with digital elements, also compatibility, interoperability and availability of updates;

 

b)

suitability for the specific purpose for which it is needed by the Consumer or the Entrepreneur with consumer rights, about which the Consumer or the Entrepreneur with consumer rights notified the Seller at the latest at the time of the conclusion of the agreement and which the Seller has accepted.

 

2.

Moreover, the Goods, in order to be deemed to be compliant with the agreement, must:

 

a)

be fit for the purposes for which the Goods of that kind are normally used, having regard to the applicable laws, technical standards or good practice;

 

b)

appear in such quantity and have such characteristics, including Durability and safety and, in relation to the Goods with digital elements, also functionality and compatibility, that are typical of Goods of that type and which the Consumer or the Entrepreneur with consumer rights can reasonably expect, taking into account the nature of the Goods and the public assurances made by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on labelling, unless the Seller demonstrates that:

 

a.

it did not know about the public assurance in question and, judging reasonably, could not have known about it;

 

b.

prior to the conclusion of the public agreement, the public assurance has been rectified in the terms and form in which the public assurance was given, or in a comparable manner;

 

c.

the public assurance did not affect the decision of the Consumer or the Entrepreneur with consumer rights to conclude the agreement.

 

c)

be supplied with packaging, accessories and instructions which the Consumer or the Entrepreneur with consumer rights can reasonably expect to be supplied;

 

d)

be of the same quality as the sample or model which the Seller has made available to the Consumer or the Entrepreneur with the consumer rights prior to the conclusion of the agreement and correspond to the description of such sample or model.

 

3.

The Seller shall not be liable for non-compliance of the Goods with the agreement to the extent specified in §8 section 2, if the Consumer or Entrepreneur with consumer rights, at the latest at the time of the conclusion of the agreement, has been expressly informed that a specific feature of the Goods deviates from the requirements for compliance with the agreement specified in §8 section 2, and has expressly and separately accepted the lack of a specific feature of the Goods.

 

4.

The Seller shall be liable for non-compliance of the Goods with the agreement resulting from improper installation of the Goods if:

 

a)

it was performed by or under the liability of the Seller;

 

b)

incorrect installation performed by the Consumer or the Entrepreneur with consumer rights was due to errors in the instructions provided by the entrepreneur or a third party.

 

5.

The Seller shall be liable for the lack of compliance of the Goods with the agreement existing at the time of their delivery and disclosed within two years from that time, unless the term of usefulness of the Goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer. Any lack of compliance of the Goods with the agreement which has become apparent before the expiry of two years from the time of delivery shall be presumed to have existed at the time of delivery unless the contrary is proved or the presumption cannot be reconciled with the specific nature of the Goods or the nature of the lack of compliance of the Goods with the agreement.

 

6.

The Seller cannot rely on the lapse of the time limit for determining the non-compliance of the Goods with the agreement specified in §8 section5, if it has deceitfully concealed this non-compliance.

 

7.

If the Goods are non-compliant with the agreement, the Consumer or the Entrepreneur with the consumer rights, can demand their repair or replacement.

 

8.

The Seller can make a replacement when the Consumer or the Entrepreneur with consumer rights demands a repair or the Seller can make a repair when the Consumer or the Entrepreneur with consumer rights demands a replacement, if bringing the Goods into compliance with the agreement in the way chosen by the Consumer or the Entrepreneur with consumer rights is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller can refuse to bring the Goods into compliance with the agreement.

 

9.

When assessing the excessiveness of the costs for the Seller, all the circumstances of the case shall be taken into account, in particular the significance of the non-compliance of the Goods with the agreement, the value of the compliant Goods and the excessive inconvenience to the Consumer or the Entrepreneur with consumer rights arising from the change in the manner of bringing the Goods into compliance with the agreement.

 

10.

The Seller shall perform the repair or replacement within a reasonable time from the moment the Seller was informed by the Consumer or the Entrepreneur with consumer rights of the non-compliance with the agreement and without undue inconvenience for the Consumer or the Entrepreneur with consumer rights, taking into account the specific nature of the Goods and the purpose for which the Consumer or the Entrepreneur with consumer rights purchased it. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by the Seller.

 

11.

The Consumer or the Entrepreneur with consumer rights shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Consumer or the Entrepreneur with consumer rights at his own expense.

 

12.

If the Goods have been assembled before the non-compliance of the Goods with the agreement becomes apparent, the Seller shall disassemble the Goods and reassemble them after repair or replacement, or have these performed at his own expense.

 

13.

The Consumer or the Entrepreneur with consumer rights shall not be obliged to pay for the mere use of the Goods which are subsequently replaced.

 

14.

If the Goods are not in compliance with the agreement, the Consumer or the Entrepreneur with consumer rights can make a declaration to reduce the price or withdraw from the agreement when:

 

a)

the Seller has refused to bring the Goods into compliance with the agreement under §8 section 8 above;

 

b)

the Seller has failed to bring the Goods into compliance with the agreement under §8 section 10 to §8 section 12 above;

 

c)

the non-compliance of the Goods with the agreement continues even though the Seller has tried to bring the Goods into compliance with the agreement;

 

d)

the non-compliance of the Goods with the agreement is such as to justify either a reduction in price or withdrawal from the agreement without prior pursue of the remedies specified in §8 section 7 to §8 section 12 above;

 

e)

it is clear from the Seller's declaration or the circumstances that it will not bring the Goods into compliance with the agreement within a reasonable time or without undue inconvenience to the Consumer or the Entrepreneur with consumer rights.

 

15.

The Seller is obliged to respond to the consumer's complaint within 14 days of receipt.

 

16.

The Seller shall reimburse to the Consumer or the Entrepreneur with consumer rights the amounts due as a result of the exercise of the right to reduce the price immediately, but no later than within 14 days of receipt of the Consumer's or the Entrepreneur with consumer rights' declaration on the price reduction.

 

17.

The Consumer or the Entrepreneur with consumer rights cannot withdraw from the agreement if the non-compliance of the Goods with the agreement is insignificant. The lack of compliance of the Goods with the agreement shall be presumed to be material.

 

18.

If the lack of compliance concerns only some of the Goods supplied under the agreement, the Consumer or the Entrepreneur with consumer rights can withdraw from the agreement only in respect of those Goods and also in respect of other Goods acquired by the Consumer or the Entrepreneur with consumer rights together with the non-compliant Goods, if the Consumer or the Entrepreneur with consumer rights cannot reasonably be expected to agree to keep only the non-compliant Goods.

 

19.

In the event of withdrawal from the agreement, the Consumer or the Entrepreneur with consumer rights shall immediately return the Goods to the Seller at the Seller's expense. The Seller shall return the price to the Consumer or Entrepreneur with consumer rights immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return.

 

20.

The Seller shall refund the price using the same method of payment used by the Consumer or Entrepreneur with Consumer Rights, unless the Consumer or Entrepreneur with Consumer Rights has expressly agreed to a different method of refund that does not incur any costs for the Consumer or Entrepreneur with Consumer Rights.

 

21.

The seller does not make use of the out-of-court dispute resolution referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.


§ 9 Guarantee

 

1.

The Goods sold by the Seller can be covered by a guarantee provided by the manufacturer of the Goods or a distributor.

 

2.

In the case of Goods covered by the guarantee, information on the existence and content of the guarantee is presented each time on the Store's Website.


§ 10 Withdrawal from the Sales agreement

 

1.

The Customer who is the Consumer and the Entrepreneur with consumer rights who has concluded the Sales agreement can withdraw from the Agreement within 14 days without stating a reason.

 

2.

The period for withdrawal from the Sales agreement shall commence from the moment the Goods are taken into possession by the Consumer, the Entrepreneur with consumer rights or a third party other than the carrier designated by them.

 

 

The Consumer and the Entrepreneur with consumer rights can withdraw from the Sales agreement by submitting a declaration of withdrawal to the Seller. This declaration can be submitted, for example, in writing to the address of the Seller, i.e.: V-PROTECT SPÓŁKAF Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Tanowska 18 (72-010), Police, or by e-mail to the Seller's address, i.e.: rma@v-protect.pl. The declaration can be submitted with a form which was posted by the Seller on the Store's Website at: Withdrawal Form. Sending the declaration before its expiry shall be sufficient to meet the deadline.

 

 

The Consumer and the Entrepreneur with consumer rights can withdraw from the Sales agreement by submitting a declaration of withdrawal to the Seller with the form made available on the website at: Electronic Withdrawal Form. Sending the declaration before its expiry shall be sufficient to meet the deadline. The Seller shall immediately confirm to the Consumer and to the Entrepreneur with consumer rights the receipt of the form submitted via the website.

 

3.

In the event of withdrawal from the Sales agreement, it shall be deemed not to have been concluded.

 

4.

If the Consumer or the Entrepreneur with consumer rights has made a declaration of withdrawal from the Sales agreement before the Seller has accepted his offer, the offer shall cease to be binding.

 

5.

The Seller shall be obliged to return to the Consumer or the Entrepreneur with consumer rights all payments made by the Consumer, including the cost of Delivery of the Goods to the Consumer or the Entrepreneur with consumer rights, immediately, no later than within 14 days from the date of receipt of the Consumer's or the Entrepreneur’s with consumer rights declaration of withdrawal from the Sales agreement. The Seller can withhold reimbursement of payments received from the Consumer or the Entrepreneur with consumer rights until it has received the Goods back or the provision of the Consumer or the Entrepreneur with consumer rights the proof of return of the Goods, whichever event occurs first.

 

6.

If the Consumer or the Entrepreneur with consumer rights exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest usual method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer or the Entrepreneur with consumer rights for the additional costs incurred by the Consumer or the Entrepreneur with consumer rights.

 

7.

The Consumer or the Entrepreneur with consumer rights is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date of withdrawal from the Sales agreement. To meet the deadline it is sufficient to send the Goods back to the Seller's address before the expiry of this period.

 

8.

In the event of cancellation, the Customer who is the Consumer or the Entrepreneur with consumer rights shall bear only the direct costs of return.

 

9.

If, due to its nature, the Goods cannot be sent back by post in the usual manner, the Seller shall inform the Consumer and the Entrepreneur with consumer rights of the cost of returning the Goods on the Store's Website.

 

10.

The Consumer and the Entrepreneur with consumer rights shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.

 

11.

The Seller shall refund the payment using the same method of payment used by the Consumer or Entrepreneur with consumer rights unless the Consumer or the Entrepreneur with consumer rights has expressly agreed to a different method of refund that does not incur any costs for the Consumer or the Entrepreneur with consumer rights.

 

12.

The right of withdrawal from the Sales agreement shall not apply to the Consumer and the Entrepreneur with consumer rights in respect of agreements in which the Goods are an item supplied in sealed packaging which cannot be returned for health or hygiene reasons once the packaging has been opened, if the packaging has been opened after delivery.


§ 11 Free of charge services

 

1.

The Seller provides services for the benefit of the Customers, by electronic means, free of charge:

 

a)

Contact form;

 

b)

Newsletter;

 

c)

Customer Account Management;

 

d)

Product enquiry.

 

2.

The services specified in §11 section 1 above are provided 7 days a week, 24 hours a day.

 

3.

The Seller reserves the right to choose and change the type, forms, time and manner of granting access to the selected listed services, of which it will inform the Customers in a manner appropriate for changing the Terms and Conditions.

 

4.

The Contact Form service consists of sending a message to the Seller using a form on the Store's Website.

 

5.

Cancellation of the free of charge Contact Form service, is possible at any time and consists of ceasing to send enquiries to the Seller.

 

6.

The Newsletter service can be used by each Customer who enters its e-mail address, using the registration form made available by the Seller on the Store website. Upon submitting the completed registration form, the Customer shall immediately receive an activation link by e-mail to the e-mail address provided in the registration form to confirm subscription to the Newsletter. Upon activation of the link by the Customer, the Newsletter service agreement shall be concluded electronically.

 

 

The customer can additionally tick the appropriate box in the registration form during Registration to subscribe to the Newsletter service.

 

7.

Newsletter service consists of sending by the Seller, to an e-mail address, a message in electronic form containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Customers who subscribed to it.

 

8.

Each Newsletter addressed to the Customers in question shall contain, in particular: information on the sender, a filled-in "subject" field, specifying the content of the item and information on the possibility and manner of cancelling the free Newsletter service.

 

9.

The Customer can unsubscribe from the Newsletter at any time by unsubscribing via the link provided in each email sent as part of the Newsletter service or by deactivating the relevant field in the Customer Account.

 

10.

The Ask about Product service consists of sending a message to the Seller using a form on the Store's Website.

 

11.

Cancellation of the free product enquiry service is possible at any time and consists of ceasing to send enquiries to the Seller.

 

12.

The Customer Account service is available after registration according to the rules described in the Terms and Conditions and consists of providing the Customer with a dedicated panel on the Store's Website, enabling the Customer to modify the data provided during Registration as well as to track the status of orders and the history of orders already completed.

 

13.

The Customer who performed the Registration can submit a request to the Seller to delete the Customer Account, whereby if the Seller requests the deletion of the Customer Account, it can be deleted up to 14 days after the request.

 

14.

The Seller is entitled to block the access to the Customer's Account and free services, if the Customer acts to the detriment of the Seller, i.e. when the Customer performs advertising activity of another entrepreneur or product, performs activity relying on posting content not related to the Seller's activity, performs activity relying on posting false or misleading content as well as when the Customer acts to the detriment of other Customers, breaches the law or provisions of the Terms and Conditions and when blocking access to the Customer's Account and free services is justified for security reasons,  in particular in the case of: breaking security of the Store's Website by the Customer or other hacking activities. Blocking access to the Customer's Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue forming the basis for blocking access to the Customer's Account and free services. The Seller shall notify the Customer of the blocking of access to the Customer's Account and free services by e-mail to the address provided by the Customer in the registration form.

 

15.

The Customer can submit a complaint to the Seller in relation to the use of free services provided electronically by the Seller. A complaint can be submitted, for example, in electronic form and sent to the address reklamacjesklep@v-protect.pl or via the Customer Account, according to the rules described on the Website of the Store. The Customer should include a description of the problem in the complaint. The Seller shall immediately, but not later than within 14 days, consider the complaint and provide the Customer with an answer.


§ 12 Protection of personal data

 

1.

The principles for the protection of Personal Data are specified in the Privacy Policy.


§ 13 Termination of the agreement (it does not apply to Sale Agreements)

 

1.

Both the Customer and the Seller can terminate the agreement for the provision of electronic services at any time and without giving reasons, subject to the preservation of the rights acquired by the other party prior to the termination of the aforementioned agreement and the provisions below.

 

2.

The Customer, who performed the Registration, terminates the agreement for the provision of services by electronic means by sending to the Seller an appropriate declaration of will, using any means of remote communication allowing the Seller to become acquainted with the Customer's declaration of will.

 

3.

The Seller shall terminate the agreement for the provision of electronic services by sending an appropriate declaration of will to the Customer at the e-mail address provided by the Customer during Registration.


§ 14 Final provisions

 

1.

The Seller shall be liable for non-performance or undue performance of the agreement, but in the case of agreements concluded with Customers who are the Entrepreneurs, the Seller shall only be liable in the case of intentional damage and within the limits of the actual losses incurred by the Customer who is the Entrepreneur.

 

2.

The content of these Terms and Conditions can be recorded by printing, saving to a medium or downloading at any time from the Store's Website.

 

3.

In the event of a dispute arising from a concluded Agreement of Sale, the parties shall seek to resolve the matter amicably. Polish law shall govern all disputes arising under these Terms and Conditions.

 

4.

The Seller shall inform the Customer who is the Consumer about the possibility to use out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available in the offices or on the websites of entities entitled to out-of-court dispute resolution. They can be, in particular, consumer ombudsmen or Provincial Inspectorates of Commercial Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.
The seller informs that at the address http://ec.europa.eu/consumers/odr/ there is a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform).

 

5.

The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for fulfilment before the effective date of the new Terms and Conditions are performed on the basis of the Terms and Conditions that were in force on the day of placing the order by the Customer. The change to the Terms and Conditions comes into force within 7 days from the date of publication on the Store's Website. The Seller will inform the Customer 7 days before the new Terms and Conditions come into force about the change of the Terms and Conditions by means of a message sent via e-mail containing a link to the text of the amended Terms and Conditions. If the Customer does not accept the new Terms and Conditions, it  is obliged to inform the Seller about this fact, which results in termination of the agreement in accordance with provisions of §13 of the Terms and Conditions.

 

6.

Agreements with the Seller shall be concluded in the Polish language.

 

7.

The Terms and Conditions come into force on 21.07.2023.

 

 

 

 

 

„VIPro” LOYALTY PROGRAM TERMS AND CONDITIONS


 

§ 1 General provisions

 

1.     These Terms and Conditions (hereinafter: “Terms and Conditions”) set out the rules for the conduct, operation and conditions of participation in the Loyalty Program “VIPro” (hereinafter: “Loyalty Program”) organized by the company V-PROTECT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (Limited Liability Company) with its registered seat in Police, entered in the Register of Entrepreneurs of the National Court Register under KRS No: 0000919383, the registration files of which are kept at the District Court of Szczecin-Centrum in Szczecin, XIII Economic Department of the National Court Register, using NIP number: 851-326-35-65 and REGON number: 389816906, address: ul. Tanowska 18, 72-010 Police, Poland, e-mail address: biuro@v-protect.pl (hereinafter: “Organizer”).

2.     The Loyalty Program is addressed to the Customers of the Organizer who meet the conditions for participation in the Loyalty Program provided for in the Terms and Conditions.

3.     The Loyalty Program is implemented from November 22, 2022 and lasts until December 31, 2023, according to the time zone of the Organizer’s seat (hereinafter: “Loyalty Program Term”). The Organizer, at its will, may unilaterally extend the Loyalty Program Term for any period of time.

4.     The Loyalty Program is carried out all over the world, in all countries where the supply of its Products is offered by the Organizer, in accordance with the Terms and Conditions.

5.     The Loyalty Program allows Participants to earn Loyalty Points, as specified in the Terms and Conditions (hereinafter: “Loyalty Points”), which may be exchanged for Rewards, as set out in the Terms and Conditions (hereinafter: “Rewards”).

6.     The content of the Loyalty Program Terms and Conditions is available on the Organizer’s website at: www.v-protect.com/download .

 

 

§ 2 Definitions

 

1.     Terms and Conditions - these Terms and Conditions of the „VIPro” Loyalty Program, together with all its attachments, which sets out the rules for the conduct, operation and conditions of participation in the “VIPro” Loyalty Program organized by the Organizer company V-PROTECT Spółka z Ograniczoną Odpowiedzialnością with its registered seat in Police.

2.     Loyalty Program – „VIPro” Loyalty Program organized by the Organizer company V-PROTECT Spółka z Ograniczoną Odpowiedzialnością with its registered seat in Police, the rules of its conduct, operation and conditions of participation of which are set forth herein.

3.     Organizer - V-PROTECT Spółka z Ograniczoną Odpowiedzialnością with its registered seat in Police, entered in the Register of Entrepreneurs of the National Court Register under KRS No.: 0000919383, the registration files of which are kept in the District Court Szczecin-Centrum in Szczecin, XIII Economic Department of the National Court Register, using NIP number: 851-326-35-65 and REGON number: 389816906, address: ul. Tanowska 18, 72-010 Police, Poland, e-mail address: biuro@v-protect.pl , telephone: 0048 789 390 230.

4.     Customer - any legal entity, having legal personality, purchasing services or goods from the Organizer. In the case of natural persons, it is necessary to reach the age of majority, i.e. to be over 18 years old.

5.     Participant - any Customer who meets the conditions for participation in the Loyalty Program provided for herein and who, during the Loyalty Program Term, places an order for Products with the Organizer by e-mail or telephone and expresses his or her willingness to join the Loyalty Program by making an e-mail declaration that he or she has read the Terms and Conditions and accepts them.

6.     The Loyalty Program Term - The Loyalty Program is implemented from November 22, 2022 and lasts until December 31, 2023, according to the time zone of the Organizer's seat. By unilateral decision of the Organizer, it may be extended for any period of time. At the same time, in accordance with the provisions of the Terms and Conditions, the Organizer may unilaterally terminate the Loyalty Program at any time, of which it shall inform the Participants 30 days in advance.

7.     Loyalty Points - are points earned by Participants under the Loyalty Program under these Terms and Conditions, which may be exchanged by Participants for Rewards, as set out in the Terms and Conditions.

8.     Rewards - are the rewards provided for in these Terms and Conditions, which a Participant may obtain for Loyalty Points previously collected in the Loyalty Program.

9.     Products - are the products listed in these Terms and Conditions, for the purchase of which the Organizer, as specified in the Terms and Conditions, provides for the earning of Loyalty Points by Loyalty Program Participants.

 

 

§ 3 Conditions of participation in the Loyalty Program

 

10.  A Loyalty Program Participant is any Customer who, during the Loyalty Program Term, places an order for Products with the Organizer by e-mail or telephone and expresses his or her willingness to join the Loyalty Program by making an e-mail declaration that he or she has read the Terms and Conditions and accepts them (hereinafter: „Participant”).

11.  In order to join the Loyalty Program, a Participant places an order for Products with the Organizer by e-mail or telephone and expresses his or her willingness to join the Loyalty Program by making an e-mail declaration that he or she has read the Terms and Conditions and accepts them.

12.  Participation in the Loyalty Program is free and voluntary.

13.  Each Customer may be registered in the Loyalty Program as a Participant only once at one time.

14.  The Loyalty Program consists in awarding Loyalty Points by the Organizer to Participants who make orders of Products offered by the Organizer and pay for them within the agreed period of time.

15.  Each Participant may make orders only in his/her name and on his/her behalf. A Participant is not allowed to transfer his/her orders or already collected Loyalty Points to other Participants.

16.  In particular, a Participant is obliged to use the Loyalty Program in a manner consistent with the generally applicable laws of the Republic of Poland and the provisions of the Terms and Conditions.

17.  A Participant taking part in the Loyalty Program is obliged to provide data in accordance with the actual state of affairs, and in case of any changes during the Loyalty Program, to update them immediately.

 

 

§ 4 Terms and conditions of the Loyalty Program

and rules for awarding Loyalty Points

 

1.     The Organizer shall award Loyalty Points to a Participant for the purchase of Products in accordance with the following conditions:

(a) for one package of 1,000 pieces of any heat shrink fiber optic splice protectors of the Single series, the Participant shall receive 5 Loyalty Points,

b) for one package of 150 pieces of aluminium crimp fiber optic splice protector of the ANT series, the Participant shall receive 8 Loyalty Points,

(c) for one package of 1,000 pieces of any heat shrink fiber optic splice protectors of the Ribbon series, the Participant shall receive 25 Loyalty Points.

2.     The accumulated Loyalty Points may be exchanged by a Participant for in-kind prizes indicated in the leaflet attached as Attachment No. 1 hereto, provided he/she has a sufficient number of Loyalty Points necessary to obtain a given in-kind prize, or he/she may transfer the accumulated Loyalty Points to fulfil his/her future orders according to the conversion rate of 5 points = 1 euro.

3.     As part of the Loyalty Program, the Organizer may announce periods during which it will be possible to earn double the number of Loyalty Points for placing and paying on time an order for selected Products and meeting certain conditions. Information in this regard shall be published by the Organizer on its website www.v-protect.com or in the e-leaflet distributed by email or on the Organizer's social media.

4.     Loyalty Points are accumulated for each Participant and added up after each subsequent order placed, shipped and paid on time. The date of payment of the order is considered to be the payment date appearing on the sales invoice issued for the order. Loyalty Points may be used only after settlement of the invoice issued for the order for which they were earned.

5.     The Participant may check the number of Loyalty Points he/she has accumulated by contacting the Organizer during the working hours of the Organizer's office (Monday to Friday from 08:00 AM to 04:00 PM) at the e-mail address: biuro@v-protect.pl or by telephone at: 0048 789 390 230.

6.     In the case of erroneous accrual of Loyalty Points or complete lack of accrual of Loyalty Points, the Participant is entitled to make a complaint to the Organizer.

7.     Loyalty Points are not exchangeable for money and are not electronic money.

8.     Loyalty Points may not be transferred by a Participant to another Participant.

9.     Loyalty Points are valid during the Loyalty Program Term and can only be exchanged for Rewards during this period. After the expiration of the Loyalty Program Term, Loyalty Points become invalid and are erased, and therefore cannot be exchanged for Rewards.

10.  If the Participant’s order in connection with which Loyalty Points have been or should have been awarded to the Participant is not fully fulfilled (e.g., in case of order cancellation, withdrawal from or termination of the agreement, nullity or ineffectiveness), or in case the Organizer finds the indications of misuse or abuse by the Participant, or erroneous posting of a given activity, or other events subject to the Organizer's assessment, the Organizer may not award Loyalty Points to the Participant or may cancel the Loyalty Points already awarded.

 

 

§ 5 Exchanging Loyalty Points for Rewards

 

1.     A Participant who has collected the number of Loyalty Points specified by the Organizer may exchange them for Rewards, in accordance with the provisions of the Terms and Conditions.

2.     The Organizer provides for the following Rewards:

a)     in-kind prizes in the form of items indicated in the leaflet attached as Attachment No. 1 to the Terms and Conditions after collecting the necessary number of Loyalty Points to obtain them;

b)     the cash discount granted by the Organizer on a future order of a given Participant according to the conversion rate indicated in § 4 item 2 of the Terms and Conditions.

3.     The Organizer reserves the right to also introduce other additional Rewards, including additional in-kind prizes. Information in this regard shall be published by the Organizer on its website www.v-protect.com or in the e-leaflet distributed by email or on the Organizer's social media.

4.     A Participant exchanges Loyalty Points for a cash discount (§ 5 item 2b) on an explicit statement, submitted by e-mail to the e-mail address: vipro@v-protect.pl , when placing another order for his/her benefit with the Organizer. Then, the value of this order of the Participant is reduced by the cash discount, constituting the Reward for the Loyalty Points exchanged by the Participant in accordance with the Terms and Conditions.

5.     A Participant exchanges Loyalty Points for in-kind prizes in the form of items indicated in the leaflet attached as Attachment 1 hereto (§ 5 item 2a) on an explicit statement, submitted by e-mail to the e-mail address: vipro@v-protect.pl, indicating the specific in-kind prize and its delivery address - the selected in-kind prize is not exchangeable for money.

6.     By exchanging Loyalty Points, a Participant shall specify how many Loyalty Points he/she wishes to exchange. A Participant may only exchange Loyalty Points for a reward with a value not greater than the Loyalty Points held by the Participant and only within the time limits provided for in these Terms and Conditions.

7.     Loyalty Points, after being exchanged for a Reward, are deducted from the Participant's account.

8.     Reward in the form of a cash discount granted to the Customer's next order with the Organizer can be combined with other special offers and discounts with the Organizer, unless otherwise stipulated in the terms of such special offer or discount.

9.     In the event that the Participant exchanges Loyalty Points for an in-kind prize, it will be delivered to the Participant by the Organizer with the next shipment of ordered goods - if the in-kind prize is available at the Organizer's stock, but not later than within 60 calendar days from the submission by the Participant of a relevant statement on the desire to exchange Loyalty Points for a specific in-kind prize.

 

§ 6 Termination of participation in the Loyalty Program

 

1.     A Participant may terminate his/her participation in the Loyalty Program with immediate effect by submitting a statement in writing to the Organizer's registered seat address (ul. Tanowska 18, 72-010 Police, Poland) or by e-mail to the following e-mail address: biuro@v-protect.pl.

2.     The Organizer may terminate a Participant's participation in the Loyalty Program for valid reasons, with 7 days' notice, by e-mail to the e-mail address indicated by the Participant when joining the Loyalty Program. Valid reasons referred to in the preceding sentence are considered to be, among other things, violation of the Terms and Conditions or applicable laws in connection with the Loyalty Program by the Participant. The Organizer shall indicate the reason in the termination notice.

3.     As soon as the effect of termination of participation in the Loyalty Program is executed, the Participant’s Loyalty Points are erased and cannot be exchanged for Rewards. The Participant, intending to terminate the contract, should, if possible, previously exchange the Loyalty Points collected for Rewards, if he/she is entitled to them and meets these Terms and Conditions. It is not possible to restore a Participant’s Loyalty Points after they have been deleted.

4.     If a Participant fails to pay an invoice to the Organizer that is more than 30 days overdue, the Organizer may unilaterally exclude the Participant from participation in the Loyalty Program with immediate effect, while erasing all Loyalty Points awarded to date.

5.     The Organizer may unilaterally terminate the Loyalty Program at any time, of which it shall inform Participants 30 days in advance on its website www.v-protect.com or in a distributed e-mail e-leaflet or on the Organizer's social media or via direct e-mail correspondence to the e-mail address provided by Participants. During this time, Participants can exchange Loyalty Points for Rewards. Loyalty Points not used by Participants during this time are subject to deletion without the possibility of restoration.

 

 

§ 7 Complaints

 

1.     Complaints related to the Loyalty Program and participation in it should be submitted to the Organizer in writing to the address: ul. Tanowska 18, 72-010 Police, Poland or by e-mail to the following e-mail address: biuro@v-protect.pl .

2.     The complaint shall include:

a)     Participant's identification data - name and surname or company name, business address and e-mail address,

b)     information and circumstances regarding the subject of the complaint, including the type and date of the irregularity,

c)     the Participant's claim, i.e. information on what the Participant is claiming.

3.     The Organizer shall respond to the complaint no later than within 14 calendar days from the date of its submission. However, the Organizer may extend this deadline by another 14 days, in which case, however, the Organizer must inform the Participant that filed the complaint of this extended period needed to consider the complaint.

4.     When considering complaints, the Organizer is guided primarily by the provisions of the Terms and Conditions.

5.     The Organizer's consideration of the complaint is final and cannot be appealed, which, however, does not exclude the possibility of the Participant to pursue his/her claims in accordance with the laws generally applicable in the Republic of Poland.

 

§ 8 Final provisions

 

1.     Generally applicable laws of the Republic of Poland shall apply in all and any matters not regulated in the Loyalty Program Terms and Conditions.

2.     The information contained in advertising and promotional materials regarding the Loyalty Program is for informational purposes only.

3.     A Participant is obliged to familiarize himself/herself with the content of the Terms and Conditions before joining the Loyalty Program. Participation in the Loyalty Program is tantamount to acceptance of the Terms and Conditions.

4.     The provisions of the Terms and Conditions do not limit or exclude the assertion of claims by a Participant in accordance with the provisions of the warranty for defects and guarantees or other generally applicable laws in the Republic of Poland.

5.     The administrator of personal data processed in connection with participation in the Loyalty Program is the Organizer - V-Protect Spółka z o.o., ul. Tanowska 18, 72-010 Police, Poland. Contact regarding personal data: biuro@v-protect.pl. Participants' data are processed for the purposes and in the scope of participation in the Loyalty Program in accordance with the protection of personal data provided for by law, in particular by 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. The Participant may at any time request access to his/her personal data being processed, has the right to update it and may request that the Organizer delete it - the latter being tantamount to the Participant's immediate termination of his/her participation in the Loyalty Program and the deletion of the Participant's Loyalty Points.

6.     The Organizer reserves the right to amend these Terms and Conditions for the following important reasons and to the extent resulting from the important reason justifying the amendment:

a)     changes in the law or the issuance of a ruling by an authorized body, requiring a corresponding change in the Terms and Conditions - to the extent necessary,

b)     the need to ensure the safe operation of the Loyalty Program and prevent abuse - to the extent necessary,

c)     the need to protect the legitimate interests of Participants - to the extent necessary,

d)     introduction of new or expansion of existing functionalities of the Loyalty Program - to the extent necessary,

e)     the possibility of offering Participants more favourable terms of participation in the Loyalty Program - to the extent necessary.

In this case, the Participants shall be informed of the changes at least 1 month prior to the date of the change in the Terms and Conditions by making the amended Terms and Conditions available with an appropriate announcement on the Organizer's website, unless the applicable law or a ruling of an authorized body requires the Organizer to make the changes within a shorter period of time.

 

7.     The Terms and Conditions shall come into force on November 22, 2022.

 

 

 

 

 

TERMS AND CONDITIONS OF THE PROMOTIONAL LOTTERY NAMED:

"VIPro LOTTERY"

 

 

 

§ 1

Name of Lottery

These Terms and Conditions (hereinafter referred to as the Terms and Conditions”) set out the conditions under which the promotional lottery called “VIPro LOTTERY” (hereinafter referred to as the “Lottery”) takes place. The Lottery constitutes a promotional lottery within the meaning of Article 2, paragraph 1, point 10 of the Act of 19 November 2009 on gambling (Journal of Laws of 2023, item 227).

 

§ 2

Lottery Organizer

The entity organising the Lottery is the Organiser, i.e. V-PROTECT Spółka z ograniczoną odpowiedzialnością with its registered office in Police, entered into the Register of Entrepreneurs of the National Court Register under KRS No.: 0000919383, whose registration files are kept in the District Court Szczecin-Centrum in Szczecin, XIII Commercial Division of the National Court Register, using NIP No.: 851-326-35-65 and REGON No.: 389-816-906, address: ul. Tanowska 18, 72-010 Police, Poland, e-mail address: loteria@v-protect.pl, telephone: +48 789 390 230 (“Organiser”).

 

 

§ 3

Indication of the authority issuing the permit

The Lottery is conducted on the basis of the Act of 19 November 2009 on gambling (Journal of Laws of 2023, item 227), a permit issued by the Director of the Tax Administration Chamber in Szczecin and in accordance with the provisions of these Terms and Conditions.

 

§ 4

Area, time and manner of ensuring the correct organisation of the Lottery

1. These Terms and Conditions define the rules of organisation and conditions of participation in the Lottery.

2. The Lottery is organized on the premises of the Organizer at ul. Tanowska 18 in Police

(72-010 Police).

3. The Lottery starts on May 8, 2023 and ends finally on February 27, 2024 (the duration of the Lottery including the complaint procedure up to the final date of Prize distribution).

4. The Promotional Sale Period entitling the Participant to obtain a Lottery Prize for the purchase of goods from the Organiser during this period on the terms and conditions indicated herein shall last from 8 May 2023 to 31 December 2023 (“Promotional Sale Period”).

5. The Lottery Commission appointed by the Organiser (hereinafter referred to as the “Commission”) shall supervise the proper organisation and conduct of the Lottery to the extent necessary to perform activities related to the supervision and conduct of the Lottery.

6. The Commission shall be composed of three persons, including the Chairman of the Commission, who holds a certificate of training referred to in Article 24 of the Act of 19 November 2009 on gambling (Journal of Laws of 2023, item 227). The Organiser has issued the regulations for the operation of the Commission. The Commission shall draw up a protocol of the prize draw.

7. All doubts concerning the Lottery, in particular the principles, course of the Lottery

or provisions of the Terms and Conditions, as well as complaints, are resolved by the Lottery Commission.

 

§5

Determination of the persons who can take part in the Lottery

1. The Lottery is open to all Participants who fulfil the terms and conditions described herein.

2. Employees of the Organiser and members of their families, as well as members of the Organiser's statutory bodies and members of their families, and persons involved in the preparation and execution of the Lottery, may not participate in the Lottery.

3. Family members are understood as: ascendants, descendants, siblings, spouses, spouses and descendants of siblings, ascendants and siblings of spouses and persons in an adoption relationship.

4. Participation in the Lottery is voluntary. An entity which has entered the Lottery in accordance with the Terms and Conditions, becomes a Participant in the Lottery (“Participant”). The Participant should read the Terms and Conditions of the Lottery before entering the Lottery. By entering the Lottery, the Participant confirms that he or she has read the Terms and Conditions and accepts its content and undertakes to abide by the rules described herein.

5. Joining the Lottery takes place by sending to the organizer's e-mail address loteria@v-protect.pl a completed and signed Application Form, the template of which is attached as Annex No. 1 or No. 2 to the Terms and Conditions, depending on the organizational form of the company.

6. In the event that the Lottery Commission finds a violation of the rules of participation in the Lottery or fraudulent activity, the Lottery Commission has the right to exclude such Participant from the Lottery.

7. The Lottery is open only to entrepreneurs (economic entities) who may act in person or through persons who are members of a body authorized to represent them or through proxies authorized to act for and on behalf of the entrepreneur, as well as employees of the entrepreneur or persons cooperating on a basis other than employment relationship, including on the basis of civil law agreements.

 

§ 6

Rules of the Lottery

1. In order to participate in the Lottery, a Participant who is an entrepreneur (economic entity) must:

a) be simultaneously a Participant in the VIPro Loyalty Programme,

b) enter the lottery in the manner indicated in § 5 point 5 of the Terms and Conditions and then during the Promotional Sales Period purchase from the Organiser goods in the form of: ANT series weld shields, Single series weld shields or Ribbon series weld shields for a minimum net amount of PLN 1,000.

2. Purchases of goods made prior to the receipt by the Organiser of a notification confirming entry into the Lottery shall not entitle the Participant to obtain the lottery tickets.

3. The purchase of goods shall be understood as placing an order and its proper payment to the Organiser within the time limit specified on the invoice issued by the Organiser, but no later than 31.12.2023.

4. For each full PLN 1,000 net spent on the purchase of goods in accordance with paragraphs 1, 2 and 3 - the Participant shall obtain 1 ticket. The number of tickets available to the Participant is a multiple of the amount of PLN 1,000 spent on the purchase of goods indicated in paragraph 1(b).

5. From the moment of making an application for the Lottery and placing an order for goods entitling to obtain a lottery ticket, the Participant shall be assigned an individual serial number, which will mark the lottery tickets obtained by the Participant.

6. The number of the lottery tickets obtained by a given Participant shall be recorded by the Organiser and shall be cumulative. The Participant shall have the right at any time to find out from the Organiser as to his/her individual serial number and how many tickets he/she has at any given time. All the tickets won by the Participant participate in the prize draw.

7. The VIPro Loyalty Programme is a programme run by the Organiser, the terms and conditions of participation of which, together with the terms and conditions, are available on the internet address from May 8, 2023 to February 27, 2024: https://www.v-protect.com/program-lojalnosciowy-vipro/ and www.v-protect.com/download/ (“VIPro Loyalty Programme”).

8. Participation in the VIPro Loyalty Programme is a condition of participation in this Lottery.

However, in the event that the VIPro Loyalty Programme is terminated before the end of the Promotional Sales Period in this Lottery (i.e. before 31.12.2023), the condition of participation in the Loyalty Programme is not necessary to participate in the Lottery.

9. A participant in the VIPro Loyalty Programme is an entity that fulfils all the rules and conditions provided for in the VIPro Loyalty Programme Rules to become a participant in this Loyalty Programme (“VIPro Loyalty Programme Participant”).

A Participant in the Lottery must also agree to participate in the Lottery and consent to the processing of personal data.

 

§ 7

Value of the prize pool

1. The total value of the prize in the Lottery allocated by the Organiser for winning is PLN 19,333.03 (in words: nineteen thousand three hundred and thirty-three zlotys and three groszy) gross. The Lottery provides for one Prize. The stated value of the Prize in the Lottery is market value and may differ from retail prices on the market.

2. The Prize in the Lottery is a professional YAMASAKI fibre optic network welding and measurement kit comprising of:

a) Y91 fibre optic welding machine,

b) Y32 fibre optic reflectometer,

c) Smart power meter TPU1,

d) TLU3 light source,

e) Y17 fibre cutter,

of the gross value of PLN 19,333.03 (in words: nineteen thousand three hundred and thirty-three zlotys and three grosze).

3. The Prize is not exchangeable for any equivalent, including not convertible into any cash amount.

4. The Prize Winner may not transfer the right to the Prize to a third party.

5 The Prize shall be delivered to the Winner by post or courier service to the address specified by the Winner on the entry form. The Prize may also be collected by the Winner in person at the Organiser's registered office.

 

§ 8

Place and date of the prize draw and announcement of results and the conditions for awarding the prize

1. The Prize draw shall take place on January 15, 2024 at the Organiser's registered office at ul. Tanowska 18 in Police (72-010 Police).

2. The draw shall include all the Participants' correctly obtained Prize tickets. Each of the Participants will be assigned an individual serial number. Each obtained lottery ticket of a given Participant will be marked with his/her individual number and will be protected from unauthorised access during the draw.

3. The draw will be conducted by the Lottery Commission. The draw will consist in a manual drawing by a member of the Commission of a Lottery ticket containing a serial number assigned to the name of the Lottery Participant from among all the tickets in the collective pot which were obtained by the Lottery Participants during the Promotional Sales Period. Prior to the draw, the Draws in the collection pot will be manually mixed.

4. Two tickets shall be drawn: the first is the “Winner's ticket” and the second is the “Reserve ticket”. “Reserve ticket” cannot belong to the same Participant as the “Winner's ticket”, therefore it will be drawn until a draw is made.

5. Upon positive verification of the right to the prize provided for in these Terms and Conditions, the Lottery Organiser shall inform the owner of the “Winner's ticket” of the result of the draw by email by January 20, 2024. 

6. In the event of negative verification of the right to the prize of the owner of the “Winner's ticket”, the prize shall go to the owner of the “Reserve ticket”.

7. Upon positive verification of the right to the prize provided for herein, the Lottery Organiser shall inform on January 26, 2024, the owner of the “Reserve ticket” of the result of the draw, via email. 

8. In the event of a negative verification of the right to the prize of the owner of the “Reserve ticket” provided for in these Terms and Conditions, the prize shall remain at the disposal of the Organiser.

9. The winner of the Lottery is obliged to settle the public and legal dues connected with the receipt of the prize - according to the rules applicable to him/her – according to the rules applicable - in accordance with applicable tax regulations.

10. Information on the Lottery results will be announced within 25 days from the date of the draw, on the Organiser's website https://www.v-protect.com/, but without publicly indicating the name and surname or company name of the Lottery Winner, but only by indicating the serial number referred to in paragraph 2.

 

 

 

§ 9

Prize delivery date

1. The Prize shall be delivered to the positively verified Winner, selected in accordance with these Terms and Conditions, by February 9, 2024.

2. The Prize may be collected directly from the Organiser's office no later than on February 9, 2024 by prior arrangement with the Organiser of the exact date and time of handing over the Prize.

3. The Prize may be delivered by post or courier service, at the latest sent by February 2, 2024 to the address indicated on the entry form at the Winner's expense.

4. All costs, including travel, accommodation, etc., associated with collecting the Prize in person at the Organiser's registered office shall be borne by the Winner.

 

 

§ 10

Procedure and time limit for handling complaints and submitting claims

1. Each Participant in the Lottery has the right to lodge a written complaint from the date of commencement of the Lottery until February 16, 2024. Complaints lodged after the above deadline or delivered to the Organiser after February 16, 2024 will not be considered.

2. The complaint must contain the exact data of the Participant submitting the complaint (name and surname of the Participant or company name, exact correspondence address with the postal code of the complainant), the date and place of the event to which the claim relates, the type of game and the reason for the complaint, the content of the claim of the complainant and a description of the circumstances justifying the complaint and consent to the processing of his/her personal data by the Organiser. In the event of lodging a complaint by means of electronic communication, the complainant indicates the electronic address

to communicate about the filed complaint.

3. Complaints shall be submitted in writing by post to the Organiser's address:

ul. Tanowska 18, 72-010 Police with the annotation “VIPro Lottery – complaint” or to the Organiser's email address: loteria@v-protect.pl with the message subject: “VIPro Lottery – complaint”.

4. Complaints are considered by the Lottery Commission no later than February 23, 2024.

5. The complainant shall be notified of the Lottery Commission's decision no later than by February 23, 2024, by registered letter sent to the address provided in the complaint. In the case of a Lottery Participant who indicated an e-mail address in the complaint application, the complaint decision will be notified to the e-mail address provided.

6. Claims related to participation in the Promotion Lottery shall become statute-barred six months from the due date.

7. The running of the statute of limitations on claims shall be suspended for the period from the date of lodging the complaint to the date of responding to the complaint.

8. The Participant has the right to pursue claims in court.

 

 

 

§ 11

Personal data

1. The personal data of the Patricipants and the Winner of the Lottery shall be processed in accordance with 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 (hereinafter: “RODO”) and the Act of 10 May 2018 on personal data protection (Journal of Laws of 2018, item 1000).

2. Rules concerning the processing of personal data by the Organiser

a) the Organiser is the administrator of the personal data of the Participants and the Winner to the extent indicated in the Terms and Conditions.

b) the Organiser can be contacted using the following contact details: e-mail address: loteria@v-protect.pl or by letter to V-Protect Sp. z o.o. ul. Tanowska 18, 72-010 Police.

c. Personal data is processed by the Organiser for the following purposes:

- of Participants - in order to undertake activities concerning the implementation of the Lottery, including the selection of the Winner of the Lottery, verification of their eligibility in order to issue the Prize,

- of the Winner - in order to fulfil the legal obligations incumbent on the Organiser, including in particular obligations arising from the Act on gambling (Journal of Laws of 2023, item 227), the Ordinance of the Minister of Finance of 22 June 2010 on certificates of winning and records of certificates and records of paid (spent) winnings (Journal of Laws of 2019, item 2304), tax regulations and accounting regulations,

- of Participants and the Winner - for the purpose of handling, investigating and defending in the event of the occurrence of mutual claims, for the purpose of complaint proceedings.

3. The legal basis for the Organiser's processing of personal data for the purposes set out in paragraph 2 above is:

a) to take action for the purpose of implementing the Lottery (pursuant to Article 6(1)(b) RODO),

b) the necessity to fulfil the legal obligation incumbent on the Organiser (pursuant to Article 6(1)(c) RODO), which is to fulfil its obligations arising from the Lottery and to have proof of handing over the prize for tax purposes, for the purposes of inspection by authorised state authorities,

c) the necessity to fulfil the legal obligation incumbent on the Organiser (pursuant to Article 6(1)(c) RODO), which in this regard are the provisions of the Act on gambling and, in the further period, the provisions of the law authorising state authorities to carry out an inspection of the process of organising the Lottery (i.e. including tax or customs and tax inspection) and the obligations imposed on the Organiser by generally applicable legal regulations with regard to the retention of documentation,

d) the necessity to fulfil the legal obligation incumbent on the Organiser (pursuant to Article 6(1)(c) RODO), i.e. for the purpose of handling complaints submitted by the Participant, handling, investigating and defending in the event of the occurrence of mutual claims, pursuant to the Regulation of the Minister of Finance on the procedure for submitting claims by participants in gambling games (Journal of Laws of 2019, item 20),

e) the Organiser's legitimate interest (pursuant to Article 6(1)(f) RODO) - for the purpose of handling, investigating and defending in the event of the occurrence of mutual claims.

4. The provision of personal data by Participants is voluntary but necessary to participate in the Lottery and (in relation to the Winner) to receive the Prize or (in the case of Participants making a complaint) to process the complaint. Failure to provide personal data shall result in not being able to participate in the Lottery and (in respect of the Winner) not being able to receive the Prize or (in respect of Participants making a complaint) to process the complaint.

5. The personal data of the Participants and the Winner may be disclosed by the Organiser to entities cooperating with it (recipients), in particular for the purposes of the provision of IT services, delivery of correspondence and parcels, legal, archiving, public administration bodies, bodies established to monitor compliance with and enforcement of the law.

6. The personal data of the Participants and the Winner of the Lottery shall be stored for the period necessary for the execution of the Lottery, but for no less than until the expiry of mutual claims. In cases where personal data is processed for the purposes of fulfilling legal obligations incumbent on the Organiser, such data will be processed for as long as required by law.

7. The Participants and the Winner shall have the right to access the data provided and to receive a copy of the data and the right to request the correction, rectification, deletion, restriction of its processing, to object to its processing for direct marketing purposes or, for reasons related to the particular situation to the processing necessary for the purposes arising from the legitimate interests of the data controller, to request its transfer (the right to transfer personal data shall only be granted in respect of those data processed under contract), as well as the right to lodge a complaint with the Office for the Protection of Personal Data.

 

 

§ 12

Final provisions

1. The Terms and Conditions of the Lottery and the application form constituting annexes hereto are available on the organizer's website, i.e. at https://www.v-protect.com/download/ and in the tab referring to the Lottery.

2. The rights and obligations of the Organiser and the Lottery Participants are set forth in these Terms and Conditions of the Lottery and in the relevant provisions of law.

3. In all and any matters not regulated by these Terms and Conditions, the generally applicable provisions of the law shall apply, including: the provisions of the Civil Code, the Act of 19 November 2009 on gambling and in accordance with the Regulation of the European Parliament and of the EU 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 and in accordance with the Act of 10 May 2018 on personal data protection.

4. Telephone calls made by the Organiser to Participants' telephone numbers are free of charge for Participants in the Lottery and are made only from Polish numbering resources.

5. The Organiser may contact the Participant by telephone or e-mail on matters related to the Lottery. Contact takes place between 9:00 a.m. and 5:00 p.m. on working days.

6. For the purposes of the Lottery, working days shall be understood by the Organiser as days from Monday to Friday excluding public holidays.

7. At the request of the Winner, the Organiser shall issue a personal certificate of the winnings in accordance with the procedure and time limits resulting from the provisions of Article 20 of the Act on gambling (Journal of Laws of 2023, item 227).

 

 

 

 

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