1.1. The Online Store at www.zortrax.com/store is run by the company ZORTRAX S.A. based in Olsztyn (address of the registered office: ul. Lubelska 34, 10-409 Olsztyn, mailing address: ul. Lubelska 34, 10-409 Olsztyn); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000490216; Registry Court in which the company's documentation is kept: District Court in Olsztyn, 8th Commercial Department of the National Court Register; initial capital amounting to: PLN 6,800,000 paid in full; NIP (tax identification number): 7393864289; National register of business entities (REGON): 281551179; e-mail address: firstname.lastname@example.org
1.2. These Terms and Conditions apply both to consumers as well as entrepreneurs using the Online Store (except for item 9 of the Terms and Conditions which applies only to entrepreneurs). The provisions of these Terms and Conditions are not aimed at excluding or limiting any consumer rights granted to them by virtue of absolutely binding legal regulations - any possible uncertainties are interpreted to the consumer's advantage. In the case of discrepancies between the provisions of these Terms and Conditions and the regulations referred to above, these regulations prevail.
1.4.1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – form available at the Online Store making it possible to create an Account.
1.4.3. ORDER FORM – an Electronic Service, an interactive form available at the Online Store making it possible to place an Order, in particular by adding Products to an electronic cart and determining the Sales Agreement conditions, including the method of delivery and payment.
1.4.4. CUSTOMER – a natural person with full capacity to perform acts in law and, in cases provided for by commonly binding regulations, also a natural person with a limited capacity to perform acts in law; a legal person or an organizational unit without legal personality with legal capacity granted by the Act, which concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Act, Civil Code dated April 23, 1964 (Journal of Laws No 16, item 93 as amended).
1.4.6. ACCOUNT – an Electronic Service marked with an individual name (login) and password entered by the Service User constituting a set of resources in the Service Provider's computer system where the Service User's data is collected, including information about placed Orders.
1.4.7. PRODUCT – movable property available at the Online Store being the subject of the Sales Agreement between the Customer and the Seller.
1.4.8. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
1.4.10. SELLER; SERVICE PROVIDER – the company ZORTRAX S.A. based in Olsztyn (address of the registered office: Lubelska 34, 10-409 Olsztyn, mailing address: ul. Lubelska 34, 10-409 Olsztyn); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000490216; Registry Court in which the company's documentation is kept: District Court in Olsztyn, 8th Commercial Department of the National Court Register; initial capital amounting to: PLN 6,800,000 paid in full; NIP (tax identification number): 7393864289; National register of business entities (REGON): 281551179; e-mail address: email@example.com.
1.4.11. SALES AGREEMENT – a sales agreement for the Product concluded between the Customer and the Seller via the Online Store.
1.4.12. ELECTRONIC SERVICE - a service provided via electronic means by the Service Provider for the Service User via the Online Store.
1.4.13. SERVICE USER – a natural person with full capacity to perform acts in law and, in cases provided for by commonly binding regulations, also a natural person with a limited capacity to perform acts in law; a legal person or an organizational unit without legal personality with legal capacity granted by the Act, using or intending to use the Electronic Service.
1.4.14. ORDER - the Customer's declaration of will submitted by means of an Order Form aimed directly at concluding a Sales Agreement for the Product with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The Online Store offers the following Electronic Services: an Account as well as an Order Form
2.1.1. ACCOUNT – using the Account is possible after jointly meeting two subsequent steps – (1) filling out the Registration Form and (2) clicking the field "Create an Account". The Service User needs to enter the following data in the Registration Form: full name/company name, address (street, number of house/apartment, postal code, town, voivodship, country), e-mail address, phone number and password. In the case of Service Users not being consumers, it is also necessary to enter the company name and EU VAT.
2.1.2. Order Form – using the Order Form starts when the first Product is added to the electronic cart in the Online Store. The Order is placed after meeting two subsequent steps – (1) after filling out the Order Form and (2) clicking the field "Order confirmation with payment obligation" – until this moment, it is possible to modify the entered data on one's own (for that purpose, you should follow the messages displayed on the screen as well as the information available at the Online Store's website). It is necessary to enter the following data in the Order Form: full name/company name, address (street, number of house/apartment, postal code, town, voivodship, country), e-mail address, phone number, Product(s), number of Product(s), color of Product(s), place and method of delivery, method of payment. In the case of Service Users not being consumers, it is also necessary to enter the company name and the Tax Identification Number (NIP).
2.2. The Service User does not pay any fee for using the Electronic Services.
2.2.1. The Account in the Online Store is provided for an indefinite period of time.
2.2.2. Using the Order Form is of a one-time nature and ends upon placing the Order via the Order Form.
2.3. Technical requirements necessary to cooperate with the computer system used by the Service Provider:
2.3.1. A computer, a laptop or a different device with access to the Internet.
2.3.2. Access to e-mail.
2.3.3. A web browser.
2.3.4. Any screen resolution.
2.4. The Service User is obliged to use the Online Store in a manner compliant with the law and good practice taking into account the respect for personal rights as well as copyright and third party intellectual property rights.
2.5. The Service User is obliged to enter data compliant with the actual condition.
2.6. The Service User is forbidden to provide content of an unlawful nature.
3. TERMS OF CONCLUDING SALES AGREEMENTS
3.1. Announcements, advertisements, price lists and other information about the Products at the Online Store's websites, in particular their descriptions, technical and utility parameters as well as prices are an invitation to conclude an agreement as defined by article 71 of the Civil Code.
3.2. Prices of Products.
3.2.1. Information about the main features of the ordered Product as well as its price are posted at the Online Store's website with the presented Product. This information is also presented in a collective manner in the cart after adding a given Product to the cart.
3.2.2. The Product's price presented at the Online Store's website is in euro and includes all components. However, the prices do not include possible costs of delivery and payments which are indicated when placing the Order as well as VAT.
3.2.3. Any possible delivery costs are indicated when the Order is being placed. They depend on the method of delivery, method of payment chosen by the Customer and the Product's weight.
3.2.4. The total cost including the Product's price, all taxes, including VAT, as well as the fee for transport is each time indicated to the Customer after adding Products to the cart as well as after choosing the delivery method, before completing the agreement.
3.3. The Product's price presented at the Online Store's website is binding when the Customer places the Order. This price will not change regardless of price changes in the Online Store which may occur regarding particular Products after the Customer placed an Order.
3.4. The Sales Agreement may be concluded by a Customer with an Account and a Customer without an Account.
3.5. Concluding the Sales Agreement with the use of the Order Form.
3.5.1. In order to conclude the Sales Agreement, the Customer needs to place an Order beforehand.
3.5.2. Having placed the Order, the Seller immediately confirms receiving the Order which results in the fact that the Customer is bound by the Order, and the Seller accepts the Order for execution. The Order is confirmed and accepted for completion by sending a message to the Customer's e-mail address entered when the Order is being placed. The message contains at least the confirmation of all significant elements of the Order, the Seller's declaration about receiving the Order and accepting it for completion. When the Customer receives the e-mail referred to above, the Sales Agreement between the Customer and the Seller is concluded.
3.6. Recording, protecting and making the content of the concluded Sales Agreement available to the Customer proceeds by (1) making these Terms and Conditions available at the Online Store's website, (2) sending the e-mail referred to in item 3.5.2 to the Customer, as well as by (3) enclosing the proof of purchase and the specification of the concluded Sales Agreement to the shipments. The content of the Sales Agreement is additionally recorded and protected in the Seller's Online Store IT system.
3.6. The Seller communicates with the Customer using remote means of communication such as the Internet (including e-mail), phone as well as in writing, depending on the parties' choice. The Customer may contact the Seller also by means of a contact form available at www.zortrax.com/company/contact
4. PAYMENT METHODS
4.1. The Seller offers the following payment methods:
4.1.1. Payment by a bank transfer to the Seller's bank account.
188.8.131.52. The Bank: ING BANK ŚLĄSKI S.A.
184.108.40.206. PL38105017641000009080013783, SWIFT Code (BIC): INGBPLPW
4.1.2. Electronic payments via PayPal.com (the service belongs to the company PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th floor 22–24 Boulevard Royal, L-2449, Luxembourg) as well as via paylane.pl (operated by PayLane Sp. z o.o. Arkońska Business Park, ul. Arkońska 6/A3, 80-387 Gdańsk).
4.1.3. The Consumer is obliged to make the payment within 5 days from the day when the Seller confirms the order. When the Order is not paid within the deadline referred to above, the Order is cancelled.
5. COST, DATE AND METHOD OF DELIVERY
5.1. The Seller uses the following delivery methods for the Product:
5.1.1. By post and by courier.
5.2. The deadline for the Product's delivery to the Customer is 48 hours from the moment when the Seller receives the payment, unless another deadline is indicated in the description of a given Product or when the Order is being placed. This deadline should be counted as follows:
5.2.1. If the Customer chooses bank transfer or electronic payments - from the date when the Seller's bank account or settlement account is credited.
6. TERMS OF TERMINATING AGREEMENTS FOR PROVIDING ELECTRONIC SERVICES
6.1. The Service Provider and the Service User may terminate the agreement for providing Electronic Services at any time by way of an agreement between the parties.
6.2. Terminating the agreement for providing Electronic Services:
6.2.1. The termination may relate to an agreement for providing Electronic Services for an indefinite period of time of a continuous nature (e.g. an Account).
6.2.2. The Service User may terminate the agreement for providing Electronic Services without indicating reasons by sending a relevant declaration, in particular via e-mail to: firstname.lastname@example.org or in writing to: ul. Lubelska 34, 10-409 Olsztyn. In such event, the agreement expires after 7 days from submitting the declaration of will on its termination (the notice period), unless the Parties determine a shorter notice period.
6.2.3. In the case of Service Users who are consumers at the same time, the Service Provider may terminate the agreement for providing Electronic Services when the Service User strikingly or persistently violates the Terms and Conditions, in particular when he delivers content of an unlawful nature, after at least one ineffective notice to cease or remove the violations with the determination of a relevant deadline. Any violation of the Terms and Conditions needs to be of an objective and unlawful nature. The agreement for providing Electronic Services in such case expires after 14 days from the date of submitting a declaration of will to terminate it (the notice period) by the Service Provider to the Service User.
6.2.4. In the case of Service Users not being consumers, the Service Provider may terminate the agreement for providing Electronic Services with immediate effect and without indicating reasons by sending a relevant declaration to the Service User.
7.1. The Seller undertakes to deliver the Product to the Customer without physical and legal defects.
7.2. Complaints on account of the Product's nonconformity with the Sales Agreement:
7.2.1. The basis and the scope of the Seller's liability towards a Customer being a natural person who purchases the Product for purposes not related to professional or business activities, on account of physical or legal defects in the Product are defined in the Act dated April 23, 1964 - Civil Code (consolidated text, Journal of Laws from 2014, item 121 as amended).
7.2.2. The Product's nonconformity with the Sales Agreement as well as a relevant notification of claim may be submitted, in particular, via e-mail to: email@example.com or in writing to: ul. Lubelska 34, 10-409 Olsztyn as well as via the form available at www.zortrax.pl/support-form.
7.2.3. A Customer who exercises his rights on account of the guarantee is obliged to deliver the defective object at the Seller's expense to the place indicated in the Sales Agreement and when such place was not determined in the agreement – to the place where the object was releases to the buyer. If delivering the object by the Customer is excessively difficult due to the type of the object or its mounting, the buyer is obliged to make the object available to the Seller in the place where the object is located.
7.2.4. The complaint should contain as much information and circumstances regarding the subject matter of the complaint as possible, in particular the type and date when the nonconformity occurred. Relevant contact details need to be provided, namely personal data and at least a mailing address or an e-mail address (depending on the Customer's preferences). It is also recommended to provide a phone number. This will facilitate and accelerate the examination of the complaint by the Seller.
7.2.5. The Seller will immediately take a stance towards the Customer's claim, but not later than within 14 days. The reply regarding the complaint is sent to the address provided by the Customer, unless the Customer indicates another method. Information about the method of examining the complaint are not provided to the Customer via phone. The Seller will take a position towards any submitted complaint in a manner making it possible to document the notification to the Customer about the complaint's result, namely via a registered mail with return receipt to the Customer's mailing address, with a text message or an e-mail. The Seller which cannot notify the Customer about the method of examining the complaint due to the Customer's fault (failure to provide contact details by the Customer) is not obliged to search for the Customer. If there are shortages in the complaint's notification, the Seller will, if possible, turn to the Customer to supplement its content.
7.2.6. In the case of Products covered by a guarantee, the Seller informs that the guarantee for sold consumer goods does not exclude, limit or suspend the buyer's rights resulting from the Product's nonconformity with the Sales Agreement.
7.3. Complaints related to providing Electronic Services by the Service Provider as well as other complaints related to the Online Store's functioning:
7.3.1. Complaints related to providing Electronic Services via the Online Store as well as other complaints related to the Online Store's functioning may be filed by the Service User, in particular, via e-mail to: firstname.lastname@example.org or in writing to: Lubelska 34, 10-409 Olsztyn.
7.3.2. The complaint should contain as much information and circumstances regarding the subject matter of the complaint as possible, in particular the type and date when the nonconformity occurred as well as contact details – this will facilitate and accelerate the examination of the complaint by the Service Provider.
7.3.3. The Service Provider will immediately examine the complaint, not later than within 14 days.
7.3.4. The Service Provider's reply regarding the complaint is sent to the address provided by the Service User, unless the Service User indicates another method.
8. RIGHT OF WITHDRAWAL
8.1. A Customer being a consumer who concluded a distance agreement may, pursuant to article 27 of the Act dated May 30, 2014 on consumer rights (Journal of Laws from 2014, item 827), withdraw from the agreement without indicating any reasons within 14 days. The information about the right of withdrawal, containing in particular information about the method and time to withdraw, as well as the costs of returning the object in the case of withdrawal borne by the Consumer constitutes Appendix No 1 to these Terms and Conditions. The concerned information applies to all sales agreements from which a Customer being a Consumer may withdraw pursuant to the provisions of the Act dated May 30, 2014 on consumer rights (Journal of Laws from 2014, item 827).
8.2. The course of the period of withdrawal commences on the day when the Consumer takes ownership of the object or ownership of this object is taken by a third party indicated by the consumer, other than the carrier. In the case of an agreement which covers numerous objects delivered separately, in batches or in parts – from the date of taking ownership of the last object, batch or part, pursuant to the principles referred to above. For other agreements, the course of the period commences from the date when the agreement is concluded.
8.3. The Consumer withdraws from the agreement by submitting a relevant declaration of withdrawal to the entrepreneur. The withdrawal may take place, for example, by sending a letter to the registered office: Lubelska 34, 10-409 Olsztyn as well as by sending a declaration via e-mail to email@example.com. The declaration referred to above may be filed by the Consumer also on the form the template of which constitutes Appendix No 2 to the Terms and Conditions, but this is not required.
8.4. In order for the consumer to observe the deadline for submitting the declaration of withdrawal, the consumer needs to send the declaration prior to the deadline's expiry.
8.5. In the case of withdrawal, the agreement is considered not to have been concluded.
8.6. If the consumer filed a declaration of withdrawal before the Seller accepted his offer, the offer ceases to be binding.
8.7. If the consumer withdraws from the agreement, the consumer is obliged to immediately, but not later than within 14 days from the date when he withdrew from the agreement, return the object to the Seller or to a person authorized by the Seller.
8.8. The Seller collects the objects from the customer at his own expense and risk. It is also enough to send the object to the registered office in order to observe the period of withdrawal: Lubelska 34, 10-409 Olsztyn, prior to its expiry.
8.9. The Consumer is obliged to return the object in a manner protecting it against damage. If the object is returned via mail or via courier, the object should be adequately protected. In the case of withdrawal, sending the goods may entail higher costs than a regular shipment via mail due to the dimensions and weight of the goods.
8.10. The Seller immediately, but not later than within 14 days from the date of receiving the consumer's declaration of withdrawal, returns to the consumer all payments made by the consumer, including the delivery costs of the object, if any. If the consumer has chosen a method of delivery for the object other than the cheapest regular method of delivery offered by the Seller, the Seller is not obliged to return to the consumer additional costs incurred by him.
8.11. The Seller returns the payment to the consumer's bank account indicated in the withdrawal form, unless the Seller expressly consented to another method of return agreed with the consumer.
8.12. The Seller may withhold the refund of payments received from the consumer until receiving the object or delivering a proof of sending the object by the consumer, whichever event takes place sooner.
8.13. The Consumer is responsible for reducing the value of the object resulting from using it in a manner exceeding the manner necessary to state the object's nature, features and functioning.
8.13. The right of withdrawal from a distance agreement is not entitled to the consumer regarding the following agreements:
8.13.1. a service agreement if the entrepreneur fully performed the service with an express consent from a consumer who was informed before the service that upon the entrepreneur's provision of the service, the consumer will lose the right of withdrawal;
8.13.2. an agreement in which the price or remuneration depends on fluctuations on the financial market beyond the entrepreneur's control, and which may take place before the deadline for withdrawal;
8.13.3. an agreement in which the subject of the service is a non pre-fabricated object, manufactured according to the consumer's specification or satisfying his customized needs;
8.13.4. an agreement in which the subject of the service is an object liable to deteriorate or expire rapidly;
8.13.5. an agreement in which the subject of the service is an object delivered in sealed packaging and the object cannot be returned after the packaging has been opened due to the protection of health or for sanitary reasons if the packaging was opened after the delivery;
8.13.6. an agreement in which the subject of the service are objects which become inseparably connected with other objects after the delivery, due to their nature;
8.13.7. an agreement in which the consumer expressly requested the entrepreneur to come to him in order to conduct an urgent repair or maintenance works; if the entrepreneur additionally provides other services than those which the consumer requested, or delivers objects other than spare parts necessary for repairs or maintenance works, the consumer is entitled to the right of withdrawal regarding the additional services or objects;
8.13.8. an agreement in which the subject of the service are sound or visual recordings or computer software delivered in sealed packaging if the packaging was opened after the delivery;
8.13.9. an agreement concluded by way of a public auction;
8.13.10. an agreement for digital content which is not recorded on a material carrier if the service started with an express consent from the consumer before the deadline for withdrawal and after the entrepreneur informed the consumer about the loss of the right of withdrawal.
9. PROVISIONS REGARDING ENTREPRENEURS
9.1. This item of the Terms and Conditions and provisions contained therein apply only to Customers not being consumers.
9.2. In the case of Customers not being consumers, the Seller has the right to limit the available payment methods, including to request a prepayment in full or in part, regardless of the payment method selected by the Customer in the Order Form as well as regardless of the fact that the Sales Agreement was concluded.
9.3. A Customer not being a consumer is obliged to perform his obligation on account of the Sales Agreement (namely in particular, pay the price and collect the Product) immediately, not later than within 7 days from the date of concluding the Sales Agreement, unless the Sales Agreement states otherwise.
9.4. Pursuant to §1 in article 558 of the Civil Code, the Seller's liability on account of warranty towards a Customer not being a consumer is excluded.
9.5. Products being the object of the Sales Agreement concluded with a Customer not being a consumer remain the Seller's property until the price and costs of delivery on account of the Sales Agreement are paid.
9.6. When the Seller releases the Product to the carrier, the benefits and burdens related to the property as well as the hazard of accidental loss or damage to the property are transferred to the Customer not being a consumer. In such case, the Seller is not responsible for the loss or damage to the Product resulting from its reception for shipment until its release to the Customer as well as for delay in transportation.
9.7. When the Product is sent via a carrier, the Customer not being a consumer is obliged to examine the shipment within the time and in the manner usual for shipments of this type. If the Customer states that the Product was lost or damaged during transportation, he is obliged to undertake any actions necessary to determine the carrier's liability.
9.8. The liability of the Service Provider/Seller towards a Service User/Customer not being a consumer, regardless of its legal basis, is limited - both as part of a single claim as well as for any claims in total - to the amount of the paid price as well as the costs of delivery on account of the Sales Agreement. The Service Provider/Seller is responsible towards the Service User/Customer not being a consumer only for typical damage predictable when the agreement is concluded and is not responsible on account of lost benefits towards the Service User/Customer not being a consumer.
10. OUT-OF-COURT METHODS TO EXAMINE CLAIMS AND SEEK REDRESS AS WELL AS PRINCIPLES FOR ACCESSING THESE PROCEDURES
10.1. A Customer being a Consumer has the following possibilities to use out-of-court methods to examine claims and seek redress:
10.1.1. he has the right to request an authority competent for his place of residence to initiate mediation proceedings regarding an amicable termination of the dispute between the consumer and the Seller,
10.1.2. he has the right to request an authority competent for his place of residence to resolve the dispute resulting from the concluded Sales Agreement.
10.2. Using out-of-court methods to examine claims and seek redress is voluntary and both parties need to consent to the proceedings.
10.3. In order to initiate the proceedings, an appropriate motion should be filed to the authority competent for the place of residence – depending on the type of proceedings - a motion for mediation or a motion to examine the case before a consumer arbitration court.
10.4. Detailed information on out-of-court methods to examine claims and seek redress as well as principles for accessing these procedures are available in the offices as well as at websites of competent authorities the statutory tasks of which include the protection of consumer rights.
10.5. The European Consumer Centers Network helps solve cross-border disputes. Addresses of these institutions are available at the website of the European Consumer Center: www.konsument.gov.pl.
10. FINAL PROVISIONS
10.1. Agreements concluded via the Online Store are concluded pursuant to the Polish law and in English.
10.2. Changing the Terms and Conditions:
10.2.1. The Service Provider reserves the right to change the Terms and Conditions for important reasons, namely: a change to legal regulations; changing the methods of payment and delivery - to the extent to which these changes affect the execution of the provisions of these Terms and Conditions.
10.2.2. The revised Terms and Conditions are binding for the Service User if the requirements specified in article 384 of the Civil Code are observed, namely the Service User was properly informed about the changes and the Service User did not terminate the agreement for providing Electronic Services of a continuous nature within 14 days from the notification.
10.2.3. Changes to the Terms and Conditions will not in any manner violate rights acquired by Service Users who are consumers and use the Online Store before the changes become effective, in particular changes to the Terms and Conditions will not affect Orders being placed or which were already placed as well as Sales Agreements which are concluded, are being executed or were executed.
10.2.4. When a change to the Terms and Conditions results in the introduction of any new fees or in the increase of present fees, the Service User being a consumer has the right to withdraw from the agreement.
10.3. In any cases not regulated in these Terms and Conditions, the following regulations apply: of the Civil Code; The Act on providing electronic services dated July 18, 2002 (Journal of Laws No. 144, item 1,204 as amended); The Act on the protection of certain consumer rights and the liability for damage caused by a hazardous product dated March 2, 2000 (Journal of Laws No 22, item 271 as amended); The Act on special terms and conditions of consumer sales as well as changes to the Civil Code dated July 27, 2002 (Journal of Laws No 141, item 1,176 as amended) as well as other applicable regulations of the Polish law.