Rules

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.