These Terms and Conditions shall determine: the principles of use of the technius.pl website, the principles of concluding the Sales Agreement for goods offered by the Seller, as well as the complaint procedures applicable at the Seller.
I. Definitions
Seller – Technius Sp. z o.o. based in Cedzyna 44B/53, 25-900 Cedzyna, NIP: 6572956814, REGON: 387827604, KRS 0000876810, e-mail address: zamowienia@technius.pl
Price – the amount of gross remuneration (including tax), specified in Polish zloty or in another currency, due to the Seller for the transfer of ownership of the Goods to the Customer in accordance with the Sales Agreement;
Customer – a natural person, a sole trader or a legal person or other organisational unit without legal personality, acting through an authorised person with full legal capacity;
Consumer – a natural person making a legal transaction with an entrepreneur that is not directly related to his/her economic or professional activity;
Customer on the rights of a consumer – a natural person running a sole proprietorship subject to entry in the Central Register and Information on Business Activity, making a transaction directly related to his/her business activity, when the content of this agreement shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity; Whenever these Terms and Conditions refer to the rights reserved to the Customer who is a Consumer, the same shall also be understood in this respect in favour of the Customer on the rights of a Consumer.
Trade credit – the amount limit, individually determined by the Seller, up to which the Customer can make transactions. The rules for granting trade credit are also agreed individually with the Customer.
Newsletter – the Seller’s service consisting of sending Customers, with their explicit and uninterrupted consent, free cyclical information about the Store’s offer to the e-mail address provided by the Customer;
Payment – action consisting in the payment, in the manner specified herein, of the remuneration due to the Seller for the performance of the Sales Agreement, constituting the Price or the sum of the Prices of individual Goods covered by the Order and the costs of delivery, less any discounts and rebates,
Privacy Policy -The Privacy Policy sets out the rules for the processing of personal data collected through the Service. The Privacy Policy is available on the subpage “Privacy Policy”.
Terms and Conditions – this document setting out the rules for the conclusion of Sales Agreements and the rules for the provision and use of services offered by the Seller through the Store to Customers. The Terms and Conditions define the rights and obligations of the Customer and the Seller. With regard to services provided electronically, these Terms and Conditions are the regulations referred to in Article 8 of the Act of 18 July 2002 on provision of electronic services, as amended. (i.e. Journal of Laws of 2016, item 1.);
Parties – Customer and Seller;
Service(s) – the service(s) sold by the Seller through the Shop to the Customer, against payment of the Price.
Content/Content – text, graphic or multimedia elements (e.g. information about the Goods, photographs of the Goods, promotional films, descriptions, comments) including works within the meaning of the Act of 4 February 1994 on copyright and related rights and images of natural persons as amended. (i.e. Journal of Laws 2016, item 666), which are posted and distributed within the Shop by the Seller, the Seller’s contractors, the Customer or any other person using the Shop, respectively;
Sale Contract/Contract – a sale contract within the meaning of the Act of 23 April 1964 Civil Code, as amended. (i.e. Journal of Laws of 2016, item 380), relating to the sale by the Seller to the Customer of Goods against payment of the Price plus additional charges, if any, including shipping costs, the terms and conditions of which are specified in particular in these Terms and Conditions, concluded between the Customer and the Seller in the manner specified in these Terms and Conditions, i.e. it is, in particular, concluded with the use of means of distance communication. The Sales Agreement specifies, in particular, the Goods/Services, their main features, the Price, shipping costs and other relevant terms and conditions.
II. General rules for the use of the shop
- Acceptance of the Terms and Conditions is necessary for the Customer to place an order.
- The Vendor informs that the use of the Technius.pl website via a web browser, including the establishment of a telephone connection with the Vendor, may be associated with the need to incur Internet connection costs (data transfer fee) or telephone connection costs, in accordance with the tariff package of the service provider used by the Customer.
- The vendor may subcontract the performance of individual duties or the day-to-day operation. This shall not affect the scope and quality of the services, and the Vendor shall in any case be a party to the Service Agreement.
- The information presented on the website constitutes only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code, addressed by the Seller to the Customers, and not an offer within the meaning of the Civil Code.
III. Conclusion of the service contract
- The Seller provides the following services to Customers free of charge via the Shop:
- provision of a Customer Account;
- enabling Customers to place Orders and conclude Sales Agreements;
- presenting customers with advertising content tailored to their interests;
- enabling the viewing of Content posted by the Seller;
- sending of the Newsletter.
- As part of the Technius.pl website, the Seller undertakes to provide the services referred to in paragraph 1 above to the extent and on the terms and conditions specified in these Terms and Conditions.
- The Service Contract is concluded when the following conditions are met together:
- effective completion and acceptance by the Customer (submission to the Seller) of the form;
- accept the Terms and Conditions or place an order.
- The contract for the provision of electronic services is concluded for an indefinite period.
- In particular, the customer is obliged to:
- to provide in the Order and in the forms only true, current and all necessary Customer data;
- update the data, including personal data, provided by the Customer to the Seller in connection with the conclusion of the Service Agreement or Sales Agreement, in particular as far as this is necessary for their proper execution;
- The Customer has access to his/her data, as well as the possibility to change the data entered during the creation of the Account (including to stop its processing) at any time, using the options available within the Customer Account in accordance with the Privacy Policy;
- use of Technius services in a manner that does not interfere with the functioning of the Vendor;
- use the services offered by the Seller in a manner compliant with the provisions of applicable law, the provisions of these Terms and Conditions, as well as with the customs and rules of social coexistence accepted in a given scope;
- use of the Seller’s services in a manner that is not onerous for other Customers and the Seller;
- timely payment of the Price and other costs agreed between the Customer and the Seller;
- not to provide or submit within the Shop any Content which is prohibited by applicable law, in particular Content which infringes upon third parties’ proprietary copyrights or their personal rights;
- not taking actions such as:
- to disseminate or post unsolicited commercial information on the website or to post any Content in violation of the law (prohibition of unlawful Content);
- to undertake IT or any other action aimed at gaining possession of information not intended for the Customer, including the data of other Customers;
IV. Conclusion of the sales contract
- The main features of the performance including the subject matter and the method of communication with the Customer are specified on the page of each Goods.
- The Seller enables the Customer to place an Order in the following manner:
- The customer sends an enquiry using the form on the Technius.co.uk website.
- The seller responds to the enquiry by e-mail or telephone.
- Based on the agreement between the Customer and the Seller, an order is drawn up.
- The customer pays the indicated Price in the agreed manner.
- The Seller shall proceed with the processing of the Order.
- The contract is concluded as soon as the Seller confirms acceptance of the Order for execution.
V. Prices
- Prices under the order are given in Polish zloty.
- The total value of the order includes the Price, shipping costs, and any other costs of optional paid services selected by the Customer. The Seller may, during the period selected by the Seller, determine the threshold of the minimum order value for which the shipment of the Goods is free of charge.
- Payment can be made:
- via bank transfer,
- via a third-party payment service provider,
VI. Lead time of the order
- The total waiting time for the Client to receive the given Goods (delivery time) consists of the time of preparing the order for shipment by the Seller and the time of delivery of the Goods by the carrier. The time of preparing the order for shipment by the Seller is counted from the moment of crediting the Seller’s account or from the date of placing the Order in the case of Customers who have been granted trade credit to the moment of sending the parcel containing the Goods and is maximum 14 working days (days from Monday to Friday excluding public holidays). The time of delivery of the Goods by the given carrier should be added to the above time, which depends on the form of delivery chosen by the Customer.
- The lead time depends on the form of delivery chosen by the customer.
- Delivery costs shall be borne by the Customer, unless otherwise stated in the Terms and Conditions or specific rules of the Promotion.
- The Services ordered are provided within the territory of the European Union.
VII. Withdrawal from the contract
- A Customer who is a consumer or a Customer with consumer rights who has concluded a distance contract may withdraw from the contract within 14 calendar days without giving any reason and without incurring additional costs, except for the costs of transport to the Seller, which the Customer shall bear on his/her own. The Customer may send his/her statement of withdrawal by e-mail to zamowinienia@technius.pl or by courier (Polish mail) to the address: Technius Sp. z o.o., Cedzyna 44B/53, 25-900 Cedzyna.
- In the event of withdrawal, the Consumer or the Customer on the rights of the Consumer shall only be materially liable for any diminution in the value of the goods resulting from the handling other than what is necessary to assess their properties, characteristics and functionality.
- The Seller is obliged to reimburse the Customer immediately, no later than within 14 calendar days of receipt of the product return and the Customer’s declaration of withdrawal, all payments made by the Customer except for the additional costs resulting from the delivery method chosen by the Customer other than the cheapest ordinary delivery method. The Seller shall refund the payment for the goods as described:
- When paying cash on delivery or by prepayment on account to the account number specified in the form
- When paying by Paypal to your Paypal account,
- With PayU payment to PayU account
- When paying by Przelewy24 to the Przelewy24 account from which the order was paid. If the Seller has not offered to collect the product from the Customer itself, the Seller may withhold reimbursement of payments received from the Customer until it has received the product back.
- The Customer is obliged to return the product to the Seller immediately, no later than within 14 calendar days from the date of withdrawal from the contract. The Customer shall bear the direct costs of returning the product. The choice of the type of return shipment is up to the Customer, taking into account the type of the Goods to be sent and the need for its safe delivery to the Seller. The way the Goods are packed and the type of packaging chosen are the responsibility of the Customer.
VIII. Complaint procedure/ liability
- The Vendor is obliged to provide the Service to the Customer free of defects (physical and legal). The Seller shall be liable to the Customers for defects in the performed Service under the principles set forth in the provisions of the Civil Code, in particular under Article 556 and following of the Civil Code.
- The Customer may report a complaint about Goods to the Seller, in particular by using the appropriate form available on the website, in writing (to the address: Technius Sp. z o.o., Cedzyna 44B/53, 25-900 Cedzyna), or by making any other unambiguous statement in this regard.
- In order to speed up the processing of the complaint, please include in the complaint notification the reasons for the complaint along with a very detailed description and photo documentation of the damage/defects, the Customer’s request and information making it possible to identify the Customer and the Service, i.e. e.g. order number, date of purchase, the Customer’s name and address, e-mail address. Along with the complaint, please provide, if possible, proof of purchase, which may be e.g. a copy of the invoice or receipt, a printout confirming the operation with a payment card, etc. In case the data or information provided in the complaints/questions need to be supplemented, the Seller will ask the complainant to supplement them before processing the complaint.
- Complaints relating to the services provided by the Seller electronically can be submitted in particular by email: zamowienia@technius.pl
IX. Validity of the service contract and amendment to the regulations
- The Customer may terminate the Service Agreement with immediate effect, at any time, by sending an appropriate statement to the Vendor, in the form:
- in writing to the following address: Technius Sp. z o.o., Cedzyna 44B/53, 25-900 Cedzyna
- e-mail to: zamowienia@technius.pl
- via the form provided for this purpose.
- The Seller shall send its statement to this effect to the e-mail address provided by the Customer when placing the Order.
- The Vendor may terminate the Service Agreement with seven days’ notice to the Customer and/or deny the Customer the further right to place Orders, as well as restrict the Customer’s access to part or all of the Content, for valid reasons, i.e. in the event of a gross breach of these Terms and Conditions by the Customer, i.e. in situations where the Customer (closed catalogue) breaches the provisions of clause III of the Terms and Conditions.
- The Customer to whom the provision of section 3 above applies may use the site after contacting the Seller and obtaining the Seller’s consent to further use.
- The Terms and Conditions and the appendices to the Terms and Conditions constitute a model contract within the meaning of Article 384 § 1 of the Civil Code.
- The Seller has the right to amend these Terms and Conditions. The changes shall not violate the Customers’ acquired rights or the provisions of the applicable law.
- The Seller shall inform the Customers of the change to the Terms and Conditions in good time.
- If changes are made to the Terms and Conditions, the Seller shall make the consolidated text of the Terms and Conditions available by publishing it on Technius.pl and by means of a message sent to the e-mail address provided by the Customer, which is considered by the Parties to be the introduction of the information on the change to the electronic means of communication in such a way that the Customer could get acquainted with its content.
- The amendment to the Terms and Conditions shall take effect 14 days from the date on which notice of the amendment is sent. The change of the Terms and Conditions shall not affect the Sales Agreements concluded by the Customer and the Seller before the change of the Terms and Conditions.
X. Personal data and cookies
The rules governing the processing of personal data and the use of cookies are contained in the document entitled Privacy Policy.
XI. Final provisions
- These Regulations shall enter into force on the date of their publication on the website.
- The Sales Contract and the Service Contract shall be concluded in the Polish language.
- The Agreement shall be governed by the laws of the Republic of Poland and the courts of the Republic of Poland shall have jurisdiction to conclude it, unless mandatory provisions of law provide otherwise. Any disputes arising between the Seller and a Customer who is not a Consumer at the same time shall be submitted to the court having jurisdiction over the seat of the Seller,
- The Seller may modify the technical manner in which the Service is provided, in particular for reasons of a technological nature (development of browsers and technology), but without impairing its quality or affecting the scope of the rights and obligations of the Customer and the Seller.
- The Seller shall provide technical and organisational measures appropriate to the degree of security risk of the services provided under the Service Contract.
- The use of out-of-court complaint and redress procedures is voluntary.
- to apply to a permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection, as amended (i.e. Journal of Laws 2016, item 1059), with a request to resolve a dispute arising from the concluded Sales Agreement. The Rules of Procedure for the organisation and operation of permanent amicable consumer courts are set out in the Regulation of the Minister of Justice of 25 September 2001 on defining the Rules of Procedure for the organisation and operation of permanent amicable consumer courts. (Dz.U. 2001, No. 113, item 1214);A consumer or customer with consumer rights has, among other things, the following options for out-of-court complaint handling and redress:
- apply to the Provincial Inspector of Commercial Inspection, in accordance with Article 36 of the Act on Commercial Inspection , with a request to initiate mediation proceedings for an amicable settlement of a dispute between a Consumer or a Customer on the rights of a Consumer and a Seller. Information on the rules and procedure of mediation conducted by the Provincial Inspector of Trade Inspection is available at the offices and websites of individual Provincial Inspectorates of Trade Inspection;
- request free-of-charge assistance in resolving a dispute between a Consumer or a Customer with consumer rights and a Seller to a County (Municipal) Consumer Ombudsman or a social organisation, whose statutory tasks include consumer protection, e.g. Consumer Federation.
XII. Personal data controller and scope of data processing
- The controller of the customers’ personal data is Technius Sp. z o.o., Cedzyna 44B/53, 25-900 Cedzyna (hereinafter Technius).
- Processing of personal data:
- A customer who wishes to use the Technius online shop at www.technius.pl is asked to provide personal data. This data will be processed exclusively for purposes related to the functioning of the shop and the provision of the services offered therein.
- Purpose of processing:
The Customer’s personal data is necessary for the proper provision of services, in particular for:
- sending the newsletter,
- conclusion of the sales contract,
- making settlements,
- delivery of the ordered goods,
- exercise of consumer rights.
- Data types:
In order to properly provide the services, the data controller needs data such as:
- name,
- shipping address,
- e-mail address and telephone number,
- VAT number and company name, if the customer is an entrepreneur,
- Legal basis:
Personal data are processed in accordance with the provisions of the RODO /Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016/ The basis for the processing of personal data is primarily Article 6 of the RODO.
- Conditions for providing data:
The customer’s personal data is only processed with the customer’s consent given at the time of enquiry. Consent for the processing of personal data is completely voluntary, however, in some cases it may be necessary for the conclusion of a contract or other activities related to the provision of services by Technius.
- Powers of the person providing the personal data:
- The customer has the right to request access to their personal data. At any time, the Customer may request the data controller to update or rectify his/her personal data.
- The customer has the right to withdraw consent to the processing of personal data at any time without stating a reason. The request may relate to the purpose of processing indicated by the Customer.
- At any time, the Customer may object to the processing of his/her data both in its entirety and for the purpose he/she has indicated. The objection will not affect the activities already carried out.
- The customer has the right to request that the processing of his/her personal data be restricted in terms of time and scope. This request will not affect the activities already carried out.
- The customer has the right to request that his/her personal data be transferred to another controller. To this end, the Customer may contact the data controller at its e-mail address, stating the name and address of the entity to which the data controller is to transfer the Customer’s personal data and the scope of the data.
- The customer has the right to request information from the data controller on the extent of the processing of personal data. The data controller is obliged to inform the Customer no later than one month after receipt of each request of the action taken.
- Okres przetwarzania:
As the controller of the Customer’s personal data, we will keep this personal data for as long as the Customer gives us permission to do so.
- Data security:
When processing the Customer’s personal data, we use the most up-to-date IT, technical and organisational measures in accordance with the relevant legislation, including the use of connection encryption using an SSL certificate. Entrusting personal data The Customer’s personal data may be entrusted to entities cooperating with Technius to the extent necessary to provide services, i.e. to prepare the goods ordered by the Customer, to carry out the payment process and to deliver shipments. We never transfer, sell or exchange personal data for profit-making or marketing purposes. Personal data is not transferred outside the European Union.