Terms of Use of the Online Store

These Terms of Use define general terms, conditions and methods of sales carried out by Zortrax S.A. with the registered office in Olsztyn through the online store operated at www.store.zortrax.com (hereinafter referred to as the "Online Store”), as well as determine terms and conditions of free services provided electronically by Zortrax S.A. with the registered office in Olsztyn.

§ 1 

DEFINITIONS

1.    Working days mean weekdays from Monday to Friday excluding public holidays.

2.    Accompanying documents mean documents attached to the Product shipment, in particular: stock issue confirmation, confirmation of the product receipt, bill of lading, specification of the goods (packing list) and proof of the product purchase.

3.     Delivery means a physical act consisting in the delivery by the Seller to the Buyer, through the Supplier, of the Products specified in the Order.

4.     Supplier means a courier company cooperating with the Seller in the field of Delivery.

5.    Password means a string of letters, digits or other characters specified by the Buyer during the registration on the Online Store Website, used to secure access to the Account.

6.   Consumer means a natural person entering into a legal transaction with the Seller that is not directly related to the Consumer’s business or professional activities.

7.    Account means a panel, individual for each Buyer, activated by the Seller for the Buyer when registering on the Online Store Website.

8.    Buyer means a natural person who has full legal capacity, a legal person or an organizational unit without legal personality, whose legal capacity is recognized by the law and who or which has entered or intends to enter into the Sales Contract with the Seller.

9.   Login means an email address of the Buyer specified during registration of the account on the Online Store Website, required along with the Password to place orders at the Online Store.

10.  Order Form means an interactive form available at the Online Store, allowing the Buyer to complete and place the Order by adding Products to the electronic cart and specify terms of the payment and Delivery.

11.  Registration Form means an interactive form available at the Online Store, allowing the Buyer to register and use the Account Keeping service.

12.  Product means Zortrax 3D printers, printing materials, parts, accessories and consumables presented on the Online Store Website which may be subject to the Sales Contract.

13. Entrepreneur means a natural person, a legal person or an organizational unit without legal personality, whose legal capacity is recognized by the law, running on their own behalf business or professional activities, and taking legal actions directly related to the business or professional activities.

14.  Terms of Use mean these Terms of Use of the Online Store.

15. Force Majeure means an extraordinary and external event whose occurrence and duration stays beyond the Company's control and which could not be prevented by the Company despite exercising due diligence, the said event being caused, inter alia, by forces of nature. 

16. Seller, the Company means Zortrax S.A. with the registered office in Olsztyn at the following address: 43a Lubelska Street, 10-410 Olsztyn, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Olsztyn, VIII Commercial Division, under the number KRS 0000499608, tax identification number NIP 5242756595, email: office@zortrax.com, share capital in the amount of PLN 12 042 250, paid in full, which is also the owner of the Online Store.

17. Online Store Website means a website used by the Seller to operate the Online Store at the following address: www.store.zortrax.com.

18. Durable Carrier means a material or a tool which allows the Buyer or the Seller to store information addressed personally to the Buyer or the Seller in a way that makes it possible to access the information in the future for a time appropriate for the purposes of the information and which allows to reproduce the stored information in an unchanged form.

19. Sales contract means a contract of sale concluded electronically, under the conditions specified in the Terms of Use, between the Buyer and the Seller.

20. Order means an order placed via the Internet Store by the Buyer.

§ 2 

GENERAL PROVISIONS 

1.  All rights to the Online Store, including material copyrights, intellectual property rights to its name, internet domain, Online Store Website, as well as patterns, forms and logos, belong to the Seller and may be used only in the manner specified and consistent with the Terms of Use.

2.   The Online Store is made available by the Seller through the Internet and the Online Store Website as an ICT and IT system resource.

3.  The Seller reserves the right to publish advertising contents relating to the Products as well as goods and services of third parties, in the forms used in the Internet, on the Online Store Website.

4.    It is forbidden for the Buyers or third parties to use the Online Store or the Online Store Website to send unsolicited commercial information.

§ 3 

USING THE ONLINE STORE

2.    The Online Store may be used exclusively in accordance with the conditions and to the extent specified in the Terms of Use. 

3.    The Seller shall make every effort to ensure that the Buyers may use the Online Store using all popular web browsers, operating systems, types of devices and types of internet connections. The minimum technical requirements enabling the use of the Online Store Webpage is at least the following version of the web browser (Internet Explorer 10, Chrome 30, Firefox 24, Opera 16, Safari 5.1), JavaScript enabled and Adobe Flash plug-in installed without systems blocking display of Flash objects, accepting "cookies", and the at least 512 kbit/s internet connection. 

4.    In order to place the Order at the Online Store and in order to use the services available at the Online Store, the Buyer must have an active e-mail account.

5.   When using the Online Store, the Buyer must not interfere with the content, structure, form, graphics, or mechanism of the Online Store and Online Store Website operation.

6.   It is prohibited for the Buyer to provide illegal content and use the Online Store or the Online Store Website in a manner contrary to law, decency or in a manner violating personal rights of third parties.

7.   The Seller develops and implements security measures against unauthorized use, reproduction or distribution of the content published on the Online Store Website. In the case, the Seller applies the above-mentioned security measures, the Buyer agrees to refrain from any actions aimed at removal or circumvention of such security measures or solutions.

8.    The Seller hereby informs that the use of services provided by electronic means and the internet may involve a risk of acquiring and modifying Buyer’s data by unauthorized persons. Therefore the Seller recommends that the Buyer uses appropriate technical solutions and software that would minimize the above-mentioned risk. In particular, the Buyer should use antivirus software and programs protecting identity of the persons using the internet.

§ 4

REGISTRATION

1.    The Buyer must register in order to create the account. Registration is free.

2.    Registration is not required to place orders.

3.   On order to register, the Buyer fills in the Registration Form provided by the Seller on the Online Store Website and sends the completed Registration Form electronically to the Seller by selecting the appropriate function in the Registration Form. During registration, the Buyer independently determines individual password.

4.   When filling in the Registration Form, the Buyer has an option to learn the Terms of Use and accept their contents by checking the appropriate box on the Registration Form. The Buyer may also voluntarily agree to the processing of their personal data for marketing purposes by checking the appropriate box on the Registration Form. The Seller hereby expressly informs about the purpose of collecting personal data of the Buyer and recipients of that data that are known or predicted by the Seller.

5.   After sending the completed Registration Form, the Buyer immediately receives an activation link sent electronically by the Seller to the email address provided in the Registration Form. By clicking the activation link, the Buyer completes registration and enters into the contract for the provision of the Account Keeping electronic service, while the Customer gets access to the Account and a possibility to change data provided during the registration process.

§ 5

ORDERS, PAYMENTS AND FULFILMENT OF ORDERS

1.   Information published on the Online Store Website is not the Seller’s offer within the meaning of the Civil Code. It is only an invitation for the Buyers to make offers for the conclusion of the Sales Contracts.

2.    The Buyer may place orders at the Online Store 7 days a week, 24 hours a day.

3.   The Buyer completes the Order by filling in the Order Form on the Online Store Website. In order to fill in the form, the Buyer chooses Products the Buyer is interested in by checking "ADD TO CART” command available below a given Product on the Online Store Website. After completing the whole Order and specifying address of Delivery and method of payment in the “CART”, the Buyer sends the Order Form to the Seller by clicking the button “Confirm & Pay” on the Online Store Website. Before each sending of the Order Form to the Seller the Buyer is informed about the total price of the selected Products and the total cost of the Delivery. Possible customs duties or other additional costs are not included.

4.   The Order Form must contain the following information: first name and family name of the Buyer and/or the company's full name, address (street, building/flat number, zip code, city, voivodeship, country), email address and phone number. The choice of the Buyer's country of residence or registered office automatically determines currency of the Product price in accordance with § 5.8 of the Terms of Use.

5.   The Order is placed when the Buyer makes an offer for a conclusion of the Sales Contract with the Seller relating to the Products covered by the Order.

6.   After placement of the Order, the Seller sends confirmation of the Buyer's Order to the email address given by the Buyer. 

7.   After conclusion of the Sales Contract, the Seller confirms its terms to the Buyer by sending them on a Durable Carrier to the email address of the Buyer or in writing to the address specified by the Buyer during the ordering process.

8.   Prices on the Online Store Website, published next to a given Product:

a.   constitute gross prices unless the Buyer registered and specified in the Registration Form the tax identification number NIP or VAT EU number – in this case the prices are net prices (excluding VAT);

b.    are specified in three currencies: PLN, EUR, USD, CAD and GBP where:

- the PLN currency applies only to the Buyers with the address of residence or registered office in Poland;

- the EUR currency applies to the Buyers with the address of residence or registered office in the remaining countries of the European Union, other than Poland;

- the USD currency applies to the Buyers with the address of residence or registered office in countries outside of the European Union;

- the CAD currency applies to the Buyers with the address of residence or registered office in Canada;

- the GBP currency applies to the Buyers with the address of residence or registered office in United Kingdom;

c.    do not contain information about the cost of Delivery;

d.    do not contain information about possible customs duties and other additional costs.

9.   The Buyer may choose the following forms of payment for the ordered Products:

a.    bank transfer to the Seller's bank account (in this case the fulfilment of the Order will be initiated after the Seller sends to the Buyer confirmation of the Order, and the shipment shall be made after the Seller's bank account is credited with the funds);

b.   payment via an external payment system PayPal operated by PayPal (Europe) S.à rl & Cie, SCA, established in Luxembourg (in this case the Order fulfilment shall be initiated after the Seller sends to the Buyer confirmation of the Order and receives information from the PayPal system about the payment made by the Buyer). When choosing payment via the PayPal.com website, a fee shall be added in the amount of 2.5% of the "CART” value.

10. The Buyer is obliged to make the payment immediately, not later than within 5 days from the date of conclusion of the Sales Contract, unless otherwise agreed with the Seller.

11. In the event the Buyer fails to make the payment by the deadline referred to in § 5.10 of the Terms of Use, the Seller shall contact the Buyer and agree upon additional deadline to make the payment, as well as confirm the additional deadline on a Durable Carrier. Information on the additional deadline also contains information that after the expiry of this deadline the Seller shall withdraw from the Sales Contract. In the case of ineffective expiry of the deadline, the Seller sends to the Buyer, on a Durable Carrier, statement of withdrawal from the Sales Contract.

12. Time for the fulfilment of the Order by the Seller is 30 Working Days after the Seller’s bank account has been credited with the payment. This deadline may be extended, which the Buyer shall be immediately notified about. In this case, the Seller contacts the Buyer in order to agree upon whether the Buyer shall continue to wait for the Product or withdraw from the Sales Contract. In the case of withdrawal from the Sales Contract, the parties shall mutually return services they received. The Seller returns to the Buyer fees and costs borne by the Buyer within 14 days of receipt of the Buyer's decision on withdrawal from the Sales Contract.

13. The ordered Products are delivered to the Buyer through the Supplier, to the address indicated in the Order Form. The warehouse is located at the company’s headquarters at Lubelska 43a Street, 10-410 Olsztyn, and all packages will be sent from this location.

14. On the day of sending the Product to the Buyer information confirming dispatch of the parcel by the Seller along with individual number of the bill of lading allowing the Buyer to track the parcel is sent to the email address of the Buyer.

15. The Seller agrees to deliver Products ordered by the Buyer to the location indicated by the Buyer in the Order Form.

16. The Seller is obliged to:

a.     Label delivered Products using bar codes compliant with the GS1 standard (EAN codes);

b.     Attach Supporting Documents to the Products.

17. The Seller is obliged to deliver Products covered by the Sales Contract without any defects.

18. The Buyer should examine the delivered parcel in time and manner used for parcels of that type, in the presence of the Supplier’s employee. The Buyer has the right to demand that the Supplier’s employee draws up a proper protocol if losses or damage to the parcel are found.

19. If the Buyer is absent at the address indicated by the Buyer when placing the Order as the address of Delivery, the Supplier’s employee leaves advice. If the Supplier returns the ordered Product to the Seller, the Seller shall contact the Buyer by email or phone and agree with the Buyer the time and cost of another Delivery.

                                                                                                                               § 6

                                                                                             LICENSE AGREEMENT FOR Z-SUITE SOFTWARE

End User License Agreement ("EULA") is executed by and between Zortrax S.A. with its registered seat in Olsztyn at ul. Lubelska 43a, 10-410 (“Zortrax”) and the User; it regulates the User’s use of the Zortrax Z-Suite software (“the Software”) for which an installation link is supplied along with Zortrax Products.

1.  Object of the License

     Zortrax grants to the User a non-exclusive, inalienable, limited license for the Software. The license provisions set out below shall also apply to any updates, complements and technical support provides by Zortrax for the Software. Any Zortrax software associated with a separate end user license agreement is made available subject to a discrete license agreement 

2.  Scope of the license

2.1. This EULA entitles the User to use the Software within the fields of use comprising saving the Software to computer memory and installation, activation and use of the Software in accordance with the designated purpose of the Zortrax Product, as qualified by par. 2.2 below. The User is also authorised to create a reasonable number of copies of the Software solely for normal installation and backup purposes. The User may use the Product and the Software for commercial purposes. Any other actions not expressly provided for in this EULA shall constitute the exclusive purview of Zortrax, and any performance of such actions by the User may constitute violation of this EULA. 

2.2. In particular, the User is prohibited from:

• Effectuating any modifications of the Software;

• Reverse engineering the Software, in particular via replication, decompilation, or disassembly;

• Circumventing the technical security features of the Software;

• Disseminating the Software, whether on a free-of-charge basis or against payment;

• Making the Software available to third parties for copying; 

• Creating any derivative works based on the Software;

• Separation of components out of the Software; 

• Rental, lease, or making available for use of the Software.

2.3. In the event that any action covered by the License limitations set out in par. 2.2 above is permitted under applicable national laws, the User may perform such actions, but only to the extent permitted under such laws.

2.4. The User may not grant sub-licences to any third parties. 

2.5. The User shall use the Software and the Product in accordance with applicable laws, observing and respecting intellectual property rights of third parties. Zortrax shall not be liable for any violation of third party rights associated with unlawful use of the Software or the Product by the User. In the event that any third party approaches Zortrax with claims associated with violation of their rights through unauthorised use of the Software or of the Product by the User, the User shall take any and all measures to minimise the harm to Zortrax and cover the costs of financial and non-pecuniary claims pursued vis a vis Zortrax by third parties. 

2.6. Zortrax may effectuate changes to the Software in the form of patches, updates, or other modifications geared at improving the Software and its functionalities (“Updates”). Zortrax shall be under no obligation to provide Updates, and shall not be bound by any deadlines in this respect. If, and when, Zortrax does provide an Update, the User shall be obligated to duly update the Software used by him, failing which liability for any defective operation of the Software caused by non-implementation of such Update shall rest with the User.

3. Intellectual Property Rights

3.1. The Software (including, in particular, the Software codes, graphics, user interface, and textual, audio and video materials), any Updates and the documentation provided by Zortrax benefit from protection under intellectual property law, including but not limited to copyright law, trademark law,  trade secrets and constitute the property of Zortrax and of Zortrax suppliers. 

3.2. The Zortrax name and logo are copyrighted trademarks and, as such, may be used by the User only within the scope defined in this EULA.3.3. The User is obliged to retain all propriety notices and legends contained on the Zortrax Products. 

4. Warranty Exclusion

4.1. Unless expressly stated by zortrax in writing, this eula does not constitute a warranty for the software. In particular, zortrax, to the maximum extent permitted by applicable law, provides the software “as is” and with all faults, and does not make any warranties, dutires and conditions, either express, implied or statutory, including but not limited to any warranties of non-infringement, suitability for a particular purpose or compatibility with other software or equipment. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitation or exclusion may not apply to you. Without limiting the foregoing, zortrax does not warrant that the operation of the software will be uninterrupted or error free.

4.2. With respect to users who are business enterprises, liability of zortrax under statutory warranty for defects is excluded. 

5. Limitation of Liability

5.1. To the maximum extent permitted by applicable law, zortrax shall not be liable for any damages, including without limitation, direct, special, incidental, indirect, consequential harm resulting from use of the software or of the product, for lost profits or lost income, loss of business, damage to goodwill, for loss of any user data (whatever the carrier), for damage to any device associated with software use or for any other financial loss arising out of or in connection with the installation, maintenance, use, performance, failure, or interruption of software, whether based on contract, tort, negligence, strict liability or otherwise. Liability of zortrax in the remaining scope is limited to the amount paid for the product by the user. Some jurisdictions do not allow the exclusion or limitation of direct, incidental, consequential or other damages, so the above limitation or exclusion may not apply to you. When liability for damages is not allowed to be excluded or limited in its entirety, zortrax limits its liability to repair, replacement, or, at its discretion, refund of the price of the software.

6. Zortrax Suppliers and Licensors 

6.1. Any disclaimer or limitation of Zortrax liability or damages pursuant to this EULA shall be constructed also to the benefit of Zortrax suppliers, licensors, employees and contractors, without limiting any other defences that they may have.

7. Diagnostic Data and Usage Statistics

7.1 The Software may collect and share with Zortrax diagnostic data including Operating System version, 

      Hardware information, your Zortrax Device serial number, software exceptions and errors details. 

7.2 The Software may collect and share with Zortrax usage statistics including slicing and printing times, print settings, basic model information - bounding box size and number of triangles, types of user actions inside The Software.

7.3 No personally identifiable information will be collected by The Software and shared with Zortrax or any other party.

7.4 Zortrax collects diagnostic data and usage statistics for purposes of improving software performance and user experience and may share this data with stakeholders, business partners and other associated organizations.

7.5 Zortrax may use third-party services to provide data collection and analytics mechanisms. Data collected by The Software will be shared with such services providers.

8. Confidentiality

8.1.  For purposes of this EULA, “Confidential Information” shall mean any information or technical  data  provided  by  Zortrax  which  is  identified as Confidential Information or should reasonably be known to be confidential given the nature of the information and circumstances of disclosure. User hereby agrees (i) to hold Confidential Information in strict confidence and not to make it available or disclose it to any third party except as is necessary to perform obligations or exercise rights under this EULA; (ii) to impose confidentiality restrictions upon the parties to whom any Confidential Information is disclosed; (iii) to take at least the same precautions to protect the Confidential Information as it takes for  its  own  confidential and proprietary information of like importance,  but  in  no  event  less  than reasonable precautions; and (iv) to refrain from using the Confidential Information for any purpose other than the purposes for which that Confidential Information was disclosed. 

9. Duration of The Agreement, Termination

9.1. This EULA shall come into force as of installation of the Software and shall remain binding for as long as the Zortrax Product is used. 

9.2. The proper law for this EULA is Polish law. 

9.3. The Software may be subject to the export controls and User agrees to fully comply with all applicable export regulations governing export, destination, ultimate end user, and other restrictions relating to the Software.

9.4.  The license granted pursuant to this EULA shall expire in the event that the User fails to abide by the EULA’s provisions. In such an event, the User shall be obligated to immediately cease and desist use of the Software. 

9.5. In the event that a competent court finds any provisions of this license to invalid or unenforceable, the remaining provisions shall remain valid and binding. 

9.6. This EULA shall remain without prejudice to any rights extending to the User under national laws of absolute application. 

§ 7

WARRANTY

1. The Seller ensures Delivery of the Products without physical and legal defects. The Seller is liable to the Buyer if the delivered Products have physical or legal defects (warranty).

2.  If the Product has a defect, the Buyer may:

a.   make a statement on the price reduction or withdrawal from the Sales Contract unless the Seller replaces, promptly and without undue inconvenience to the Buyer, the defective Product with a Product free of defects or removes the defect;

The above restriction does not apply if the Product has already been replaced or repaired by the Seller or the Seller did not meet the obligation to replace the Product with a Product free of defects or to remove the defects. Instead of the removal of defects proposed by the Seller, the Buyer may demand replacement of the Product with a Product free of defects or demand removal of defects instead of replacement unless it is impossible to bring the object into compliance with the contract or would require excessive costs in comparison with the method proposed by the Seller. When assessing excessive costs, the value of the Product free of defects, nature and importance of the defect found, as well as inconvenience which the Buyer would be subjected to in the case of another solution, are taken into account.

b.   make a request for the replacement of the defective Product with a Product free of defects or removal of the defect. The Seller is obliged to replace the defective Product with a Product free of defects or to remove the defect within a reasonable time without undue inconvenience to the Buyer.

The Seller may refuse to comply with the Buyer’s request if bringing the defective Product into compliance with the Sales Contract in a manner chosen by the Buyer is not possible or would entail excessive costs in comparison with other possible ways to bring about compliance with the Sales Contract. The costs of repair or replacement shall be borne by Seller.

3.  If the Buyer exercises rights under the warranty, the Buyer is obliged to deliver the defective Product to the Seller. In the case of the Buyer being a Consumer, costs of delivering the defective Product are borne by the Seller in whole.

4.  The Seller's is liable under the warranty if the physical defect of the Product is found within two years from the date of releasing the Product. The claim for the removal of defects or replacement of the Product is barred after the lapse of one year, with the proviso that the above deadline may not expire before expiry of the deadline referred to in the first sentence. During that time, the Buyer may withdraw from the Sales Contract make a statement regarding reduction of the price because of defects. If the Buyer demanded replacement of the Product with a product free of defects or removal of the defect, the deadline to withdraw from the Sales Contract or to make a statement regarding the price reduction begins with the ineffective expiry of the deadline to replace the product or to remove the defect. 

§ 8

GUARANTEE

1.  The period of the warranty protection for each new Zortrax Product purchased within the European Union is 12 months from the date of purchase of the Product.

2.  The content and scope of the guarantee is attached in the form of guarantee documentation of the Products. In addition, the content of the guarantee is published by Zortrax on the Online Store Website, under the tab: www.support.zortrax.com/warranty-card.

§ 9

COMPLAINTS

1.   The Buyer may submit any complaints relating to the Products or performance of the Sales Contract in any form, with the proviso that the electronic or written forms are preferred. 

2.   Complaints should be submitted electronically to the following address: sales@zortrax.com

3.   The Seller acknowledges receipt of the complaint and handles it within 14 days of receiving the complaint by sending response to the Buyer.

4.   The Buyer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in any form, with the proviso that the written or electronic forms are preferred. In the complaint, the Buyer should describe the problem.

5.   The Seller shall promptly, but no later than within 14 days, handle complaints and provide response to the Buyer with regard to the complaints relating to the use of free services provided electronically by the Seller. 

§ 10

WITHDRAWAL FROM THE SALES CONTRACT

1.  The Buyer being a Consumer who entered into the Sales Contract may, within 14 days, withdraw from the Contract without giving any reason. The deadline for withdrawal starts from the moment the Consumer takes possession of the Product. The right of withdrawal does not apply to the Consumer in the purchase of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal and after the Seller has informed him of the loss of the right of withdrawal.

2.  The Consumer may withdraw from the Sales Contract by submitting statement of withdrawal to the Seller. This statement may be submitted, inter alia, in writing to the Seller’s address or sent by email to the Seller’s address. The statement may be made on the form whose specimen is published by the Seller on the Online Store Website under the Return Policy tab.

3.  It is enough to send the statement before expiry of the deadline in order to meet this deadline. In case of withdrawal from the Sales Contract it is considered null and void.

4.  If the Consumer made a statement of withdrawal from the Sales Contract before the Seller accepted the Consumer’s offer, the offer ceases to be binding.

5.  The Seller shall immediately, but not later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Sales Contract, reimburse all payments made by the Consumer, including the cost of Delivery of the Product to the Consumer. The Seller may postpone reimbursement of the payments received from the Consumer until receipt of the Product or delivery by the Buyer of a proof of the Product return, depending on which event occurs first.

6.  If the Consumer who exercises the right of withdrawal chooses the method of Product delivering other than the least expensive, regular method of Delivery offered by the Seller, the Seller shall not be obliged to reimburse additional costs incurred by the Consumer.

7.  The Consumer is obliged to return the Product to the Seller immediately, but not later than within 14 days from the date on which the Consumer withdrew from the Sales Contract. It is enough to send the Product to the Seller’s address before expiry of the deadline in order to meet this deadline.

8.  In the event of withdrawal from the Sales Contract, the Consumer shall bear only direct costs of returning the Product.

9.  If, due to its nature, the Product may not be normally returned by post, the Seller informs the Consumer about the costs of return on the Online Store Website.

10. The Consumer is liable for any diminished value of the Product resulting from its usage in a way exceeding the necessary steps required to establish the nature, characteristics and functioning of the Product.

11. The Seller refunds the payment using the same method of payment that was used by the Consumer, unless the Consumer has expressly agreed to a different method of refund which does not involve any costs for the Consumer.

§ 11

FREE SERVICES

1. The Seller provides electronically the following free services to the Buyers:

a.     Account Keeping;

b.     Order Form;

c.     Registration Form;

d.     Newsletter.

2.  All services listed in paragraph 1 above are provided 7 days a week, 24 hours a day.

3.  The Seller reserves the right to choose and change the form, time and method of granting access to the selected services mentioned above, and shall inform the Buyers in a manner appropriate for amendments to the Terms of Use. 

4.  The Seller has the right to block access to free services if the Buyer acts to the detriment of the Seller or other Buyers, violates the law or provisions of the Terms of Use, as well as if blocking access to free services is justified on grounds of safety – in particular: breaking safeguards of the Online Store Website or other hacker activities of the Buyer. Access to free services is blocked for the time necessary to resolve the issue giving rise to the access blockade. The Seller notifies the Buyer about the blocked access to free services electronically to the address specified by the Buyer during registration.

5.  The Account Keeping service is available after the Buyer's registration in accordance with the principles laid down in the Terms of Use, and consists in provision to the Buyer of a dedicated panel as part of the Online Store Website, enabling the Buyer to enter and modify personal data and contact details given during Registration, as well as to monitor the status of Orders and history of already completed Orders.

6.  Resignation from the Account Keeping service is possible at any time by discontinuing the use of the Account and making a request that the Seller removes his Account. The registered Buyer may submit a request to remove the Account by the Seller, with the proviso that in the event of such a request, the Account can be removed within up to 14 days of the date of the request.

7.  The Order Form service consists in sending Orders to the Seller using the form on the Online Store Website.

8.  Resignation from the Order Form service is possible at any time by stopping Orders to be sent to the Seller.

9.  The Registration Form service consists in sending data required to register and set up the Account using the form on the Online Store Website.

10. Resignation from the Registration Form service is possible at any time by stopping usage of the Registration Form functionality.

11. The Newsletter service may be used by any Buyer who provides their email address, using to this end the form available on the Online Store Website.

12. The Newsletter service consists in sending by the Seller, to the email address, of electronic messages containing information about new Products, projects and promotions of the Seller. 

13. Each message addressed to the Buyers as part of the Newsletter service includes in particular: information about the sender, the “Topic” field specifying contents of the message, and information about the possibility and method of opting out of the free Newsletter service.

14. The Buyer may at any time opt out of receiving the Newsletter by cancelling the subscription via a link placed in each email sent as part of the Newsletter service or by activating a corresponding box in the Account.

§ 12

LIABILITY

1. The Seller is liable for the non-performance or improper performance of the contracts, including the Sales Contracts. In the case of contracts concluded with the Buyers being Entrepreneurs, the Seller is only liable for intentional damage and to the extent of the losses actually incurred by the Buyer.

2. The Seller is not liable non-performance or improper performance of electronic services should it be caused by third parties (in particular, telecommunications operators, providers of telecommunications lines and electricity). The Seller, however, is liable for acts or omissions of persons used for the provision of electronic services as well as persons entrusted with the provision of these services, as for the Seller’s own acts or omissions.

3. The Seller is not responsible for the impossibility or difficulties in using the Online Store resulting from reasons attributable to the Buyer, in particular for the loss of the Password by the Buyer or its interception (regardless of the method) by third parties. The seller is, however, liable if the Password was lost by the Buyer or intercepted by third parties due to reasons attributable to the Seller or reasons for which the Seller is responsible.

4. The Seller is not liable for damage caused by acts or omissions of the Buyers, in particular for their use of the Online Store in a manner inconsistent with the applicable law or Terms of the Use.

5.  These Terms of Use and mandatory provisions of the law are the sole source of the Seller's obligations.

§ 13

REPORTING THREATS OR VIOLATIONS OF THE LAW

1. If the Buyer or any other person or entity considers that the contents published on the Online Store Website violates their rights, personal rights, decency, feelings, morality, beliefs, principles of fair competition, know-how, secrets protected by law or on the basis of a commitment, they may notify the Seller about the potential violation. 

2.  When notified about the potential violation, the Seller takes immediate steps aimed at removal of the violating contents from the Online Store Website.

§ 14

PERSONAL DATA AND “COOKIES”

1. The Seller acts as administrator of the Buyers’ personal data provided to the Seller within the framework of registration, performance of the Sales Contract, provision by the Seller of electronic services or as part of other circumstances specified in the Terms of Use.

2. The Seller shall process personal data solely on the basis of the authorization (the granted consent) regarding data processing and solely for the purpose of fulfilment of the Orders or provision of electronic services by the Seller or for other purposes specified in the Terms of Use.

3.  The Seller notifies the General Inspector for Personal Data about the personal data set provided to the Seller.

4. Personal data is provided to the Seller on a voluntary basis, with the proviso, however, that failure to provide data set out in the Terms of Use during the registration process prevents registration and setting up of the Account.

5.  Anyone who provides personal data to the Seller has the right to access its contents and the right to correct and update it.

6. The Seller provides the ability to remove personal data from the data set kept, in particular in the case of removal of the Account. The Seller may refuse to remove personal data if the Buyer fails to pay all amounts due to the Seller or violated applicable law, and the preservation of personal data is necessary to explain the circumstances and determine liability of the Buyers.

7.  The Seller protects personal data provided to the Seller and makes every effort to protect it from unauthorized access or use.

8.  The Seller does not give, sell or lend personal data of the Buyers to other persons or institutions unless in accordance with applicable legal regulations or at the request of the court, prosecutor's office, police or other authorized authority, in the event of a breach of the law by the Buyers.

9.  Subject to an express Buyer’s consent and at the request of the Buyer, the Seller provides personal data of the Buyer to the Supplier to the extent necessary for the performance of the Delivery.

10. Subject to an express Buyer’s consent and at the request of the Buyer, the Seller provides personal data of the Buyer, to the extent necessary for the performance of the Sales Contract, to PayPal (Europe) S.à r.l. & Cie, S.C.A, established in Luxembourg, if the Buyer chose to make payment via paypal.com website. 

11. The Seller reserves the right to disclose summary, general statistical statements regarding the Buyers to the firms and internet websites cooperating with the Seller. The said statements relate to the page views of the Online Store Website and do not contain personal data of the Buyers.

12. The Seller uses “cookies” which are saved by the Seller’s server on the hard disk of the Buyer’s terminal device during usage of the Online Store Website by the Buyer. The use of “cookies” is to ensure a correct operation of the Online Store Website on the Buyers’ terminal devices. This mechanism does not damage the Buyer’s terminal and does not make any configuration changes of the Buyers’ terminal devices or software installed on these devices. The "cookies" are not intended to identify the Buyers.

13. The Seller uses the "cookies" in order to:

a.     Store information about the terminal devices of the Buyers;

b.     Verify and develop the Seller’s portfolio;

c.     For statistical purposes.

14. Each Buyer may disable "cookies" in the internet browser of the Buyer’s terminal device. The Seller informs that disabling "cookies" may, however, cause difficulties or prevent usage of the Online Store Website.

§ 15

TERMINATION OF THE AGREEMENT ON THE PROVISION OF ELECTRONIC SERVICES

1. Either party may terminate the agreement on the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the above mentioned agreement and the provisions below.

2.  The registered Buyer terminates the agreement on the provision of electronic services by submitting a request to remove the Account to the Seller using to this end any means of distant communication making it possible for the Seller to learn the Buyer’s statement of will.

3.  The Seller terminates the agreement on the provision of electronic services by sending an appropriate statement of will to the email address of the Buyer specified by the Buyer during registration.

§ 16

FINAL PROVISIONS AND AMENDMENTS OF THE TERMS OF USE

1.  The Terms of Use enter into force on the date of publication on the Online Store Website and replace the previously applicable terms of use of the Online Store.

2.  The contents of these Terms of Use may be printed, recorded on a carrier or downloaded at any time from the Online Store Website.

3.  These Terms of Use may be subject to amendments. Amendments to the Terms of Use enter into force within 7 days from the date of their publication on the Online Store Website. The Seller shall inform the Buyer, 7 days before the entry into force of the new Terms of Use, about the amendments to the Terms of Use by electronic message containing a link to the text of the amended Terms of Use. The Seller may also inform about the change and provide the Buyer with the new contents of the Terms of Use by displaying the text of the new Terms of Use on the Buyer’s terminal device when the Buyer logs to the Account or places an Order. Lack of acceptance of the new Terms of Use prevents placing of the Orders. In this case, the Buyer is obliged to notify the Seller thereof, which shall result in termination of the contract.

4.  All Orders accepted by the Online Store for the fulfilment before the date of amendments to the Terms of Use are fulfilled in accordance with the Terms of Use in force on the day on which the Buyer placed the Order.

5.  In the event of a dispute relating to the concluded Sales Contract, the parties shall endeavour to resolve the matter amicably. The law applicable to the settlement of any and all disputes arising under these Terms of Use is the law of Poland.

6.   Each Buyer may resort to non-judicial means of handling complaints and redressing claims. In this regard, the Buyer may make use of the mediation. The list of permanent mediators and existing mediation centres is provided and made available by the Presidents of appropriate Regional Courts.

7.   These Terms of Use enter into force on 9 January 2017.