ONLINE STORE TERMS AND CONDITIONS
I. Definitions
These Terms and Conditions define the general conditions for using the Store and concluding a Sales Agreement for Goods offered by the Seller, and also define the complaint procedures applicable to the Seller.
• Seller – TECHNIUS Spółka z ograniczoną odpowiedzialnością with its registered office at: 44B/53, Cedzyna, 25-900 Kielce, NIP: 6572956814, REGON: 387827604, KRS: 0000876810, e-mail address: kontakt@technius.pl;
• Price – the gross amount of remuneration (including tax) due to the Seller for the transfer of ownership of the Goods to the Customer in accordance with the Sales Agreement, specified in Polish zlotys or another currency;
• Password – an alphanumeric string of characters, necessary for authorization when accessing the Account, which is determined by the Customer during Account creation. The Customer is obliged to keep the Password strictly confidential (not to disclose it to any third parties).
The password can be changed in the Account settings. The Seller may provide the Customer with the option to so-called recover a forgotten Password in a manner specified within the Store;• Client – a natural person, a natural person conducting business activity, or a legal person or other organizational unit without legal personality, acting through an authorized person, having full legal capacity;
• Consumer – a Client who is a natural person making a legal transaction with an entrepreneur that is not directly related to their business or professional activity;
• Client with consumer rights – a natural person conducting sole proprietorship business activity subject to registration in the Central Register and Information on Economic Activity making a transaction directly related to their business activity, when the content of this agreement indicates that it does not have a professional character for this person, resulting in particular from the subject of the business activity carried out by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity. Wherever this regulation refers to rights reserved for a Client who is a Consumer, the same rights should also be understood for a Client with consumer rights in this scope;
• Customer Account/Account – a space provided to the Customer within the Store, allowing the Customer to use additional functionalities/services. The Customer gains access to the Customer Account using a Login and Password. The Customer logs into their Account after registering on the Store's website. The Customer Account allows for saving and storing information about the Customer's address details for shipping Goods, tracking Order status, and accessing Order history;
• Shopping Cart – a service provided to every Customer and every user of the Store who uses the website, enabling them to easily purchase one or more Goods, display a summary of the purchase Price of individual Goods and all Goods together (including potential shipping costs), and remember Goods added to the cart;
• Trade Credit – a monetary limit individually determined by the Seller, up to which the Customer can make transactions. The terms and conditions for granting trade credit are also established individually with the Customer;
• Login – the Customer's e-mail address provided within the Store during Account creation. Each creation/change of a Login requires confirmation of the Customer's e-mail address by the Customer clicking on an activation link sent by the Seller to the e-mail address provided by the Customer;
• Newsletter – a service provided by the Seller consisting of sending free, periodic information about the Store's offer to Customers, at their explicit and continuous consent, to the e-mail address provided by the Customer;
• Payment – the act of paying, in the manner specified in these Regulations, the remuneration due to the Seller for the performance of the Sales Agreement, constituting the Price or the sum of Prices of individual Goods covered by the Order and delivery costs, reduced by any discounts and rebates;
• Privacy Policy – the privacy policy available at: https://technius.pl/pl/polityka-prywatnosci. The Privacy Policy defines the rules for processing personal data collected through the Service;
• Terms and Conditions – this document defining the rules for concluding Sales Agreements and the rules for providing and using services offered by the Seller via the Store to Customers. The Terms and Conditions define the rights and obligations of the Customer and the Seller. In the scope of services provided electronically, these Terms and Conditions are the terms and conditions referred to in art. 8 of the Act of July 18, 2002 on the provision of electronic services, as amended (Journal of Laws of 2016, item 1);
• Store – a platform for selling Goods and providing services offered by the Seller, run by the Seller, available via the URL: https://technius.pl;
• Parties – Customer and Seller;
• Good/Goods – item/items sold by the Seller via the Store to the Customer, for payment of the Price. Goods can be standard or prepared to the Customer's order, depending on the current assortment presented within the Store;
• Content/Contents – textual, graphic or multimedia elements (e.g. information about Goods, photos of Goods, promotional videos, descriptions, comments) including works within the meaning of the Act of February 4, 1994 on Copyright and Related Rights and images of natural persons, as amended (Journal of Laws of 2016, item 666), which are posted and distributed within the Store by the Seller, the Seller's contractors, the Customer or another person using the Store, respectively;
• Sales Agreement/Agreement – a sales agreement within the meaning of the provisions of the Act of April 23, 1964 Civil Code, as amended (Journal of Laws of 2016, item 380), concerning the sale by the Seller to the Customer of Goods for payment of the Price increased by any additional fees, including shipping costs, the terms of which are specified in particular by these Terms and Conditions, concluded between the Customer and the Seller in the manner specified by these Terms and Conditions, i.e. it is concluded in particular using distance communication means. The Sales Agreement specifies in particular the Goods, their main features, the Price, shipping costs and other essential terms;
• Order – a form made available within the Store, specifying the Goods the Customer intends to purchase and the Customer's data necessary for the conclusion and performance of the Agreement. An Order sent to the Seller constitutes the Customer's offer, i.e. a declaration of will by the Customer expressing a direct will to conclude a distance Sales Agreement via the Store.
II. General rules for using the store
1. Acceptance of the Terms and Conditions is necessary to create a Customer Account and/or to place an Order for the purchase of Goods by the Customer.
2. The Seller informs that using the Store via an internet browser, including placing an Order, as well as establishing a telephone connection with the Seller, may involve the necessity of incurring costs for connecting to the Internet (data transmission fee) or telephone connection costs, in accordance with the tariff package of the service provider used by the Customer.
3. The Seller may entrust the performance of individual obligations or the ongoing operation of the Store to subcontractors. This does not affect the scope and quality of services, and the Seller is in any case a party to the Service Provision Agreement.
4. Information presented on the Store's website constitutes only an invitation to conclude a contract within the meaning of art. 71 of the Civil Code, addressed by the Seller to Customers, and not an offer within the meaning of the provisions of the Civil Code.
III. Conclusion of a service provision agreement
1. The Seller provides the following services free of charge to Customers via the Store:
• providing access to the Customer Account;
• enabling Customers to place Orders and conclude Sales Agreements also without the need to create a Customer Account;
• presenting Customers with advertising content tailored to their interests;
• enabling Customers to use the Shopping Cart services;
• enabling browsing of Content placed by the Seller within the Store;
• sending the Newsletter.
2. Within the Store, the Seller undertakes to provide the services referred to in paragraph 1 above, to the extent and under the conditions specified in these Regulations.
3. The Service Provision Agreement is concluded upon the combined fulfillment of the following conditions: (i) effective completion and acceptance by the Customer (submission to the Seller) of the registration form for the creation of a Customer Account and (ii) acceptance of the Regulations or placing an order without registering a Customer Account. The electronic service provision agreement is concluded for an indefinite period. Creating an Account is not required to make a purchase in the Store. Creating and using an Account is voluntary and free of charge within the scope of services provided by the Store.
4. The Customer is obliged, in particular, to:
• provide only true, current, and all necessary Customer data in the Order and in the registration forms when creating a Customer Account;
• update data, including personal data, provided by the Customer to the Seller in connection with the conclusion of the Service Provision Agreement or Sales Agreement, in particular to the extent necessary for their proper performance; the Customer has access to their data, as well as the ability to change data entered during account creation (including ceasing their processing) at any time, using the options available within the Customer Account in accordance with the Privacy Policy;
• use the Technius Store in a manner that does not disrupt the functioning of the Seller or the Store;
• use the services offered by the Seller in a manner consistent with the provisions of applicable law, the terms of the Regulations, as well as with customs and social coexistence principles accepted in a given scope;
• use the Seller's services in a manner that is not burdensome to other Customers and the Seller;
• timely payment of the Price and other costs agreed upon by the Customer and the Seller;
• not to deliver or transmit any Content within the Store that is prohibited by applicable law, in particular Content that infringes the proprietary copyrights of third parties or their personal rights;
• not to undertake actions such as: sending or placing unsolicited commercial information in the Store or placing any Content that violates the law (prohibition of placing illegal content); undertaking IT activities or any other activities aimed at obtaining information not intended for the Customer, including data of other Customers; unauthorized modification of Content provided by the Seller, in particular Prices or Product descriptions provided within the Store.
IV. Conclusion of a sales agreement
1. The main features of the performance, taking into account the subject of the performance and the method of communication with the Customer, are specified on the page of each Product.
2. The Seller enables the Customer to place an Order in the following way, sequentially:
• The Customer adds the selected Product(s) to the Shopping Cart and then proceeds to the Order form;
• Selects one of the offered delivery methods;
• A Customer with a Customer Account confirms in the Order form the accuracy of the data necessary for the conclusion and execution of the Sales Agreement. A User who does not have a Customer Account must independently fill out the Order form with their data necessary for the conclusion and execution of the Sales Agreement. In each case, providing inaccurate or false Customer data may prevent the execution of the Agreement;
• The Customer selects the payment method for the Prices and other total costs of the Agreement execution indicated in the Order form;
• The Customer sends the Order to the Seller using the functionality provided for this purpose in the Store. In the case of a Customer who does not have an Account and has not previously accepted the Regulations, the Customer is obliged to accept the Regulations;
• The Customer sends the Order using the functionality provided for this purpose in the Store (button: "I buy and pay");
• During the Order placement process, until the "I buy and pay" button is pressed, the Customer has the option to correct the entered data independently within the "Cart" panel by adding or removing an item from the Cart;
• Depending on the selected payment method, the Customer may be redirected to the pages of an external payment service provider to make the payment;
• In response to the Order, the Store immediately sends an e-mail to the Customer at the e-mail address provided by the Customer for this purpose, confirming the registration of the Order.
3. The Agreement is concluded upon confirmation of the Order acceptance for execution by the Seller.
V. Prices
1. Prices in the Technius online store are displayed as follows:
• they are net prices;
• the prices of Goods after adding them to the cart and displaying the cart include all applicable duties and taxes, and specify the net amount and the VAT amount at the applicable rate;
• these amounts are given in Polish zloty.
2. Prices do not include shipping costs. The costs of shipping the Goods are displayed on the Store's website during the Order placement process, including directly before and at the moment of the Customer's confirmation and placement of the Order. The total order value includes the Price, shipping costs, and any other costs of optional paid services selected by the Customer. The Seller may, for a period determined by them, set a minimum order value threshold for which the shipment of Goods is free.
3. Payment can be made:
• by bank transfer,
• via an external payment service provider.
VI. Order fulfillment time
1. The total waiting time for the Customer to receive a given Good (delivery time) consists of the time for the Seller to prepare the order for shipment and the time for the carrier to deliver the Good. The time for the Seller to prepare the order for shipment is counted from the moment of crediting the Seller's account with funds or from the date of placing the Order for Customers who have been granted trade credit, until the shipment containing the Goods is dispatched, and it is a maximum of 14 business days (days from Monday to Friday, excluding public holidays). The delivery time by the carrier, which depends on the delivery method chosen by the Customer, should be added to the above time.
2. The order fulfillment time depends on the delivery method chosen by the Customer.
3. The Seller informs on the Store's website about temporary limitations in the delivery of Goods before the conclusion of the Agreement.
4. The Customer bears the delivery costs, unless otherwise stated in the Regulations or specific Promotion regulations.
5. Goods ordered in the Store are delivered within the territory of the European Union.
VII. Withdrawal from the agreement
1. A Customer who is a consumer or a Customer with consumer rights who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring additional costs, except for the transport costs to the Seller, which the Customer bears at their own expense. The Customer may send a statement of withdrawal from the agreement by e-mail to reklamacje@technius.pl or by courier (Polish Post) to the address: TECHNIUS Sp. z o.o., 44B/53, Cedzyna, 25-900 Kielce.
2. In case of withdrawal from the contract, the Consumer or the Customer with consumer rights shall be materially liable only for the reduction in the value of the goods resulting from handling them in a manner other than that necessary to ascertain their properties, characteristics, and functionality.
3. The Seller is obliged to refund all payments made by the Customer without undue delay, and in any case within 14 calendar days from the day of receiving the returned product and the Customer's declaration of withdrawal from the contract, except for additional costs resulting from the Customer's choice of a delivery method other than the cheapest ordinary delivery method. The Seller refunds the payment for the goods as follows:
• For cash on delivery or prepayment to an account, to the account number provided in the form;
• For PayPal payments, to the PayPal account;
• For PayU payments, to the PayU account;
• For Przelewy24 payments, to the Przelewy24 account from which the order was paid.
If the Seller has not offered to collect the product from the Customer himself, he may withhold the refund of payments received from the Customer until he receives the product back.
4. The Customer is obliged to return the product to the Seller without undue delay, and in any case within 14 calendar days from the day of withdrawal from the contract. The Customer bears the direct costs of returning the product. The choice of the type of return shipment depends on the Customer, however, it must take into account the type of Goods being sent and the need for its safe delivery to the Seller. The method of packaging the Goods and the type of packaging chosen are at the Customer's expense.
VIII. Complaint procedure / liability
1. The Seller is obliged to deliver Goods to the Customers free from defects (physical and legal). The Seller is liable to the Customers for defects of the goods on the terms specified in the provisions of the Civil Code, in particular on the basis of Art. 556 et seq. of the Civil Code.
2. In the case of delivery of Goods with damaged packaging, the Customer should first file a complaint regarding the delivery with the courier company carrying out the delivery, in accordance with the procedure applicable there, and the Customer should document the damaged package/shipment with photos in the presence of the courier and inform the Seller about the fact of such a complaint and how it was handled.
3. The Customer may submit a complaint about the Goods to the Seller, in particular by using the appropriate form available in the Store, in writing (to the address: TECHNIUS Sp. z o.o., 44B/53, Cedzyna, 25-900 Kielce), or by submitting any other unambiguous statement in this regard.
4. In the complaint notification, in order to speed up its processing, please include information about the reasons for the complaint along with a very detailed description and photographic documentation of the damage/defects of the Goods, the Customer's request, and information allowing to identify the Customer and the Goods, e.g., order number, date of purchase of the Goods, Customer's name and surname and address details, e-mail address. Along with the complaint notification, please provide proof of purchase if possible, which may be, for example, a copy of the invoice or receipt, a printout confirming the transaction by payment card, etc. In a situation where the data or information provided in the complaints/inquiries requires supplementation, the Seller will ask the complainant to supplement them before considering them.
5. The Customer exercising rights under warranty is obliged to deliver the defective Goods to the Seller, to the address: TECHNIUS Sp. z o.o., 44B/53, Cedzyna, 25-900 Kielce at his own expense.
6. If the sold Goods have a defect, the Customer may:
• submit a declaration of price reduction or withdrawal from the contract, unless the Seller promptly and without undue inconvenience to the Customer replaces the defective Goods with a defect-free one or removes the defect. The reduced price should be in such a proportion to the price resulting from the contract as the value of the Goods with the defect is to the value of the Goods without the defect. The Customer cannot withdraw from the contract if the defect of the Goods is insignificant;
• demand replacement of the Goods with a defect-free one or removal of the defect. The Seller is obliged to replace the defective Goods with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the Customer, subject to the reservations and on the terms specified in the relevant provisions of the Civil Code.
7. The Customer may, instead of the defect removal proposed by the Seller, demand replacement of the Goods with a defect-free one, or instead of replacing the Goods, demand defect removal, unless bringing the Goods into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the defect-free Goods, the type and significance of the identified defect are taken into account, as well as the inconvenience that would be caused to the Customer by another method of satisfaction.
8. If the buyer requests replacement of the item or removal of the defect, or has submitted a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days, it is considered that the request has been recognized as justified.
9. The Seller is liable under warranty if a physical defect is found before the expiry of two years from the date of delivery of the Goods to the Customer. The claim for removal of a defect or replacement of Goods with a defect-free one becomes time-barred after one year from the date of discovering the defect, however, in the case of purchase of Goods by the Customer – the limitation period cannot end before the expiry of the period mentioned in the first sentence.
10. Complaints related to services provided by the Seller electronically can be submitted, in particular, via email: reklamacje@technius.pl.
11. In the complaint notification, in order to speed up its processing, please include information about the reasons for the complaint, the Customer's request, and information allowing to identify the Customer, e.g., order number, date of purchase of the Goods, Customer's name and surname and address details, e-mail address. The Seller processes complaints/inquiries within 14 days from the date of their receipt and informs about the result of their processing. In a situation where the data or information provided in the complaints/inquiries requires supplementation, the Seller will ask the complainant to supplement them before considering them.
IX. Validity of the service agreement and amendment of the regulations
1. The Customer may terminate the Service Agreement with immediate effect, at any time, by submitting a request to delete the Customer Account and sending an appropriate declaration to the Seller, in the form of:
• a written statement to the address: TECHNIUS Sp. z o.o., 44B/53, Cedzyna, 25-900 Kielce;
• an email message to the address: kontakt@technius.pl;
• via the form provided for this purpose.
2. The Seller sends his statement in this regard to the e-mail address provided by the Customer when creating the Customer Account or placing an Order.
3. The Seller may terminate the Service Agreement with the Customer with a seven-day notice period and/or refuse him further right to use the Store and place Orders, as well as may limit his access to part or all of the Content, for important reasons, i.e., in the event of a gross violation of these Regulations by the Customer, i.e., in situations where the Customer (closed catalog) violates the provisions of point III of the Regulations.
4. A Customer to whom the provisions of paragraph 3 above apply may use the Store after contacting the Seller and obtaining the Seller's consent for further use of the Store.
5. The Regulations and their attachments constitute a contractual pattern within the meaning of Art. 384 § 1 of the Civil Code.
6. The Seller has the right to make changes to these Regulations. Changes will not infringe upon the acquired rights of Customers or the provisions of applicable law.
7. The Seller will inform Customers about changes to the Regulations with appropriate notice.
8. In the event of changes to the Regulations, the Seller will make the consolidated text of the Regulations available by publishing it on the Store's website and by means of a message sent to the e-mail address provided by the Customer, which the Parties shall consider as introducing information about the change into the electronic communication method in such a way that the Customer can familiarize himself with its content.
9. Changes to the Regulations come into force at the end of 14 days from the date of sending information about the change. In the case of registered Customers, i.e., those with a Customer Account, they have the right to terminate the Service Agreement within 14 days from the date of notification of the change in the Regulations. Changes to the Regulations are irrelevant for Sales Agreements concluded by the Customer and the Seller before the change in the Regulations.
X. Personal data and cookies
The principles of personal data processing and cookie usage are included in the document titled Privacy Policy.
XI. Final provisions
1. These Regulations come into force on the date of their publication on the website.
2. The Sales Agreement and the Service Agreement are concluded in Polish.
3. The governing law for the conclusion of the Agreement is the law of the Republic of Poland, and the courts are the common courts in the Republic of Poland, unless otherwise provided by mandatory provisions of law. Any disputes between the Seller and a Customer who is not also a Consumer shall be submitted to the court competent for the Seller's registered office.
4. The Seller may modify the technical method of service provision, in particular for technological reasons (development of browsers and technologies), but without impairing its quality, and without affecting the scope of rights and obligations of the Customer and the Seller.
5. The Seller provides technical and organizational measures appropriate to the degree of security risk of the services provided under the Service Agreement.
6. The use of out-of-court methods for resolving complaints and pursuing claims is voluntary.
7. The Consumer or the Customer with consumer rights has e.g.. the following options for using out-of-court methods for resolving complaints and pursuing claims:
• contacting a permanent arbitration consumer court, referred to in Art. 37 of the Act of December 15, 2000 on Trade Inspection, as amended (Journal of Laws 2016, item 1059), with a request to resolve a dispute arising from the concluded Sales Agreement. The regulations on the organization and operation of permanent arbitration consumer courts are specified by the regulation of the Minister of Justice of September 25, 2001 on the determination of the regulations on the organization and operation of permanent arbitration consumer courts. (Journal of Laws 2001, No. 113, item 1214);
• applying to the Provincial Inspector of Trade Inspection, in accordance with Art. 36 of the Act on Trade Inspection, with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer or the Customer with consumer rights and the Seller. Information on the principles and procedure of mediation conducted by the Provincial Inspector of Trade Inspection is available at the headquarters and on the websites of individual Provincial Inspectorates of Trade Inspection;
• seeking free assistance in resolving a dispute between the Consumer or the Customer with consumer rights and the Seller from the District (Municipal) Consumer Ombudsman or a social organization whose statutory tasks include consumer protection, e.g.. Consumer Federation.
XII. Personal data administrator and scope of data processing
Personal data administrator:
The administrator of Customers' personal data is TECHNIUS Sp. z o.o., 44B/53, Cedzyna, 25-900 Kielce (hereinafter Technius).
Personal data processing:
The Customer who wishes to use the services of the Technius online store at https://technius.pl is asked to provide personal data. This data will be processed solely for purposes related to the functioning of the store and the provision of services offered therein.
Purpose of processing:
Customer's personal data is necessary for the proper provision of services, in particular for:
• sending newsletters;
• registering on the service;
• concluding a sales contract;
• making settlements;
• delivering ordered goods;
• using consumer rights.
Types of data:
For the proper provision of services, the personal data administrator needs data such as:
• name and surname;
• delivery address for goods;
• e-mail address and phone number;
• NIP number and company name, if the Customer is an entrepreneur.
Legal basis:
Personal data is processed in accordance with the provisions of GDPR /Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016/. The basis for processing personal data is primarily Art. 6 of GDPR.
Conditions for providing data:
Customer's personal data is processed only with their consent, given at the time of registration in the online store or at the time of confirming a transaction made in the store without creating a Customer account. Giving consent to the processing of personal data is completely voluntary, however, in some cases it may be necessary to conclude a contract or other activities related to the provision of services by the Technius store.
Rights of the data subject:
• The Customer has the right to request access to their personal data. At any time, the Customer may request the personal data administrator to update or correct their personal data. The Customer can do this independently by using the Account tab after logging into the online store.
• At any time, the Customer has the right to withdraw consent for the processing of personal data without giving a reason. The request may concern the purpose of processing indicated by the Customer. Withdrawal of consent for all processing purposes will result in the entire Customer account in the online store being deleted and personal data will no longer be processed. Withdrawal of consent will not affect actions already taken.
• At any time, the Customer may object to the processing of their data, both in whole and for the purpose indicated by them. The objection will not affect actions already taken. Filing an objection will result in the deletion of the Customer Account in the online store and personal data will no longer be processed.
• The Customer has the right to request restriction of the processing of their personal data in terms of time and scope. This request will not affect actions already taken.
• The Customer has the right to request that their personal data be transferred to another administrator. To this end, the Customer may contact the data administrator at their e-mail address, providing the name and address of the entity to which the data administrator should transfer the Customer's personal data and the scope of this data.
• The Customer has the right to request information from the data administrator about the scope of personal data processing.
The data administrator is obliged to inform the Customer no later than within one month of receiving each request about the actions taken.
Processing period:
As the administrator of the Customer's personal data, we will store this personal data for as long as the Customer wishes to have a Customer Account. Deletion of the account may occur at the Customer's request, but also in the event of the Customer withdrawing consent for data processing, lodging an objection to the processing of personal data, or requesting their deletion.
Data security:
When processing Customer's personal data, we use the most modern IT and organizational measures in accordance with applicable law, including using connection encryption with an SSL certificate.
Entrustment of personal data:
Customer's personal data may be entrusted to entities cooperating with Technius to the extent necessary to provide services, i.e., for example, for the purpose of preparing the goods ordered by the Customer, carrying out the payment process, and delivering shipments. We never transfer personal data, do not sell it, or exchange it for profit or marketing purposes. Personal data is not transferred outside the European Union.