OCHRANA OSOBNÍCH ÚDAJŮ

4 PRICES OF THE GOODS

1. All prices of the goods placed on the Store website:
1. show both net and gross (incl. VAT) amount,
2. are given in Polish złoty, euro, US dollar and pound sterling, 
3. do not include information on delivery price,
4. do not include information on possible custom duties.
2. Price placed next to each item is binding at the time when the order is made.
3. The Store reserves the right to change prices, carry out and cancel sales and promotions or to change them. The above-mentioned right does not refer to the prices of the orders made before the prices, sale or promotion terms were changed.
4. Promotions at the Store cannot be combined unless the Terms of Service does not stipulate otherwise.
5. Delivery costs are covered by the Customer. Goods delivery is completed in compliance with form the selected by the Customer. Information on the delivery costs is available at the Store website.

4 PRICES OF THE GOODS

1. The goods shall be sent to the Customer no later than within 1 business day from the day the order processing commenced in accordance with Art. 6(2) hereof (order processing time), unless the order concerns the product that is not available in the stock of the Store at the moment of placing the order. In such case the Store will inform the Customer about the order processing time electronically to the e-mail address provided by the Customer. The Store reserves however that depending on the type of the ordered product, the Product description may present different order processing time than in the first sentence of this paragraph.
2. The order may be delivered, at Customer's discretion:
1. by courier service,
2. collection in person by the Customer.
3. When collecting the order, the Customer may check its condition. Should he notice any damages or package defects, he shall, in courier's presence, draw up a protocol and immediately, i.e. no later than the next business day, inform the Store about this fact by sending information via e-mail address at [email protected]. The Customer shall send the shipping damage report to the Store along with the complaint within one business day from the date of its receipt. The Customer may also refuse to collect the damaged package.
4. The day of sending the goods to the Customer shall be the day of whole or partly order completion.

ART. 6 PAYMENT METHOD. ORDER PROCESSING COMMENCEMENT

1. The Customer may select the following payment methods as a payment for his order (with delivery on Polish territory):
1. cash on delivery,
2. bank/wire transfer
2. The order processing commences when:
1. the payment is made by payment card - no later than within one business day after the Store receives confirmation of payer's successful payment operation,
2. the payment is made by bank/wire transfer - no later than within one business day after registering the payment on Store's bank account,
3. the order is collected in person - no later than within one business day after sending the Customer order acceptance confirmation in accordance with Art. 3(8) hereof.
3. The Customer cannot pay one part of the price in advance and the other one upon personal collection. The selected payment method concerns entire order.
4. The Customer may also gain detailed information on different payment methods at the time of placing the order.

ART. 7 CUSTOMER’S RIGHTS UNDER IMPLIED WARRANTY FOR DEFECTS AND QUALITY WARRANTY

1. The Seller is obliged to provide the Customer with the order free of faults, subject to Art. 6(6) of this paragraph.
2. All the products offered by the Seller are under 24-months quality warranty, unless the Product description available on the website of the Store indicates differently or provides other period of warranty. Customer’s rights under quality are specified in warranty terms that are available in electronic form at: https://prumysloveautomatizace.cz/zaruka-a-servis
3. Should the goods do not comply with the agreement, the Customer being the Consumer may, at his sole discretion, exercise his warranty or guarantee rights (provided by the Seller) directly at the guarantor resulting from the warranty. The rights of the Customer being the Consumer resulting from the warranty are also on the Complaints and Returns page available on the website of the Seller under this link: https://prumysloveautomatizace.cz/reklamace-a-vraceni-zbozi.
4. In accordance with art. 558 of the Polish Civil Code, the Seller entirely excludes liability under provisions related to implied warranty for defects in relation to Customers who are not Consumers.
5. The Seller is held responsible before the Customer being the Consumer due to the warranty for sold item's physical and legal defects. Nevertheless:
1. physical fault should be understood as item's non-compliance with the Sale agreement provisions, especially when the item:

- has no properties the item of this type should have due to the purpose defined in the sale agreement or resulting from circumstances or its purpose,

- has no properties which the Seller assured the Customer it would have,

- was issued to the Customer in incomplete state.

2. legal defect shall be understood as item's non-compliance with sale agreement, especially if the item:

- is the property of a third party,

- is encumbered with the right of a third party,

- limitations in terms of use of the item and the right to dispose of them results from the decision or ruling of the competent authority.

6. Item's fault or defect the Customer was informed about before making the purchase and yet agreed on shipment of the item is not a physical defect.

ART. 8 TERMS OF QUALITY WARRANTY AND COMPLAINT PROCEDURE

1. The Customer authorized by the quality warranty reports the warranty claim by sending the complaint form which includes: 
1. company data of the Customer authorized by the warranty including: name, tax ID number, business address, shipping address and possibility of choosing personal pickup of the faulty device,
2. data of person authorized to contact including: name and surname, telephone number, e-mail address and e-mail address of person authorized to manage payments,
3. description of the faulty device including model name, serial number and name of warranty label,
4. description of the fault including description of the fault in writing and error codes displayed on the screens if such were present 
2. A shipping label is attached with the complaint form which the Customer can put on the package that contains the faulty device.
3. The condition to perform the device repair by the Seller is presentation by the Customer the warranty document that includes name and model of the device, date of purchase of the device surname/name of the buyer, name/company of the Seller. The Seller is obliged to fill in the above data if they were not filled in to the warranty document at the moment of providing it to the Customer.
4. In case of not delivering the documents confirming the specific goods is under the quality warranty, the repair will be deemed as requiring payment in accordance with costs evaluation by the Seller. The time of repair will be counted from the day of delivering the necessary document by the Customer to the Seller.  
5. Reporting the necessity to perform a repair of a device, the Customer shall first agree with the Seller on the method of transferring the device for repair. The necessity to perform a repair can be reported in written or by e-mail at: [email protected].
6. The Customer can deliver the device covered by the warranty claim to the Seller by his or her own choice in one of the following manners:
1. insured package at the expense of the Seller;
2. personal delivery of the device to the Seller’s seat; 
3. by commissioning the pick up of the device to the Seller in the place indicated by the Customer authorized from the warranty in the territory of Poland.
7. If agreed that the device is to be picked up by the Seller, the device shall be picked up within 14 days from the day when the Customer reports the necessity to perform a repair. In case of failure to observe this deadline by the Seller, the Customer shall be able to deliver the device at the Seller’s cost. If it is impossible to reach such an agreement or in case of doubts regarding the content of such agreement, it shall be assumed that the device shall be delivered to the Seller by the Customer at the Seller’s cost, with reservation that the delivery cost cannot exceed PLN 30.75.
8. The device delivered by the Customer to the Seller shall be suitably protected against damages during transport. Suitable protection shall be deemed as original factory packaging along with all protections (blockades) present in the moment of picking up the device by the Customer from the Seller. In case of non-compliance with the above protections by the Customer, the Customer shall will bear all risks linked with damages of the device delivered to the Seller.
9. Repair of device defects covered by the quality warranty shall be performed within 30 days from the day of delivering the device to the Seller or its receipt by the Seller. Removal of device’s defects covered by the quality warranty shall be carried out free of charge within a quality warranty period. In the warranty period, the Customer shall not bear any costs related to the receipt and the delivery of the device subject to the Repair to the Seller’s service point.
10. The Seller shall not be responsible for any breach of deadlines for performing the repair and picking up or delivering the device subject to repair if the delay in this regard will be caused by: 
1. acts of force majeure, defined as objective, unforeseeable and ineluctable event that precludes on-date performance of the repair, in particular such as forces of nature (fire, flood, hurricane), political matters (acts of war, imposition of one of states of emergency provided in Polish Constitution), social matters (strikes, riots) or epidemics and pandemics, in particular COVID-19 pandemic and its impact,
2. lack of replacement parts in the territory of Poland,
3. import or export limitations for devices or replacement parts,
4. the nature or scope of the device fault generating additional time necessary to perform diagnosis and repair.

In case of occurrence of events indicated in the above-mentioned points a-d), the dates of performance of the repair shall be extended for a period, during which performance of the repair was not possible for the above-mentioned reasons.

11. In case of unreasonable claim to perform repair, the Customer shall bear all costs resulted from delivering the device to the Seller, its repair and receipt, and in case of repair of the device at Customer’s seat – costs of repair and transportation of the Seller’s employees to the place at which the device is repaired. As unreasonable claim of the device’s repair is particularly considered: demand to remove damages or performing maintenance (installation) not covered by the warranty as well as demand to perform repair despite a loss of rights under warranty.
12. The Seller is obliged to return the device to the Customer after its repair. The device shall be delivered to the Customer within 7 days after completing the repair. The exact date (by specifying day and time) of delivering the device by the Seller shall be mutually agreed between the Seller and the Customer. The Customer is obliged to collect the device within the above date. Otherwise, the Customer shall be obliged to bear costs of delivery of the device born by the Seller, however, the time in which this delivery will take place, shall not exceed 7 days from the date of completing the repair.
13. Warranty repairs are performed by the Seller free of charge except in the cases specified in the warranty terms. The Seller reserves the right to refuse to perform free of charge repair under warranty, if:  
1. device has been altered by an unauthorized person or entity;
2. device has been mechanically damaged; 
3. found damage results from the usage beyond the scope of usage for the device described and/or provided in the instructions for use (when such instructions have been provided with a device);
4. warranty seal has been altered in any way by an unauthorized person or entity.
14. The Seller provides warranty in accordance with Warranty Terms for the parts or devices replaced in the repair. The Customer is provided with the new warranty document. 
15. If the device is covered by the warranty of its manufacturer, the Customer may report the warranty claim in accordance with the procedure indicated by the device manufacturer.

ART. 9 TERMS OF IMPLIED WARRANTY FOR DEFECTS AND COMPLAINT PROCEDURE

1. In case of non-compliance of the purchased goods with the sale agreement, the Customer being the Consumer can lodge a complaint at the Store in exercise of rights under implied warranty for defects. The complaint may be submitted in written or by e-mail at: [email protected] with using complaint form. The Customer is entitled to exercise this right within 2 (two) years from the date of purchased item's receipt. In case of such complaint, the Customer may send the item via standard postal packet at Store's address for service: RGB Elektronika Spółka z ograniczoną odpowiedzialnością Sp. k. (registered partnership), ul. Długosza 2-6, 51-162 Wrocław.
2. In order for the Store to handle the complaint, the Customer being the Consumer should send the item being complained about along with a proof of purchasing it at the Seller (it may be a receipt, invoice, specific Order payment proof).
3. The Complaint should include at least name, surname and e-mail address of the Customer used at order placement, description of the item being complained about as well as details concerning Customer's reservations along with Customer's demand resulting from the complaint. Written complaint should include also Customer's mailing address. Should the above-mentioned details be non-available, the Seller might ask the Customer to provide them.
4. Due to the complaint under implied warranty for defects, the Customer being the Consumer may demand:
1. to have the item repaired;
2. to have the item exchanged for a free from defects one;
3. price reduction;
4. withdrawal from agreement - as long as it is material defect.
5. The Customer may lodge a complaint under implied warranty for defects within a year from the date of noticing the defect. However, the deadline for lodging a complaint cannot expire before the end of Seller's two-year liability period for the item.
6. Within 14 days, the Seller shall handle the complaint and notify the Customer about further actions.
7. The Seller shall not be liable for item's physical defect occurred due to the improper installation/set-up of the item, in the case when those actions were not performed by the Seller or when the Customer performed them without complying to the manual received from the Seller.
8. Should the complaint be accepted, the Seller shall refund Customer's costs of mailing the complained about item back as well as cover the costs of resending the item back to the Customer. Reimbursement shall be made in accordance with Art. 11 hereof.

ART. 10 WITHDRAWAL FROM THE AGREEMENT

1. According to the art. 27 of the Consumer Rights Act of 30 May 2014, the Customer being the Consumer or the Single entrepreneur with Consumer’s rights may withdraw from the sale agreement made with the Seller without giving any reasons within 14 days from the date of package receipt. The withdrawal declaration has to be sent before this deadline in written at Seller’s seat address or via e-mail at: [email protected]. Sample withdrawal declaration for the Consumer is located at the end of the Terms of Service and may be used by the Consumer or the Single entrepreneur with Consumer’s rights. The rights of the Customer being the Consumer or the Single entrepreneur with Consumer’s rights resulting from their right to withdraw from the contract are also presented in the Complaints and Returns bookmark available on the website of the Seller.
2. In the event of successful agreement withdrawal, the agreement is deemed not executed. The item may be returned at the service address: RGB Elektronika Spółka z ograniczoną odpowiedzialnością Sp. k., ul. Długosza 2-6, 51- 162 Wrocław.
3. Purchased goods shall be returned to the Seller without traces of usage beyond the scope necessary to inspect its nature, characteristics and functioning. Consumer or a Single entrepreneur with Consumer’s rights shall bear liability for value reduction of purchased goods which is a result of its use in an above-mentioned manner.
4. The cost of sending the item back in the case of effective withdrawal from the sales contract borne by the Consumer or Single entrepreneur with Consumer’s rights according to the point 1 above is covered by the Seller, however if the Consumer or Single entrepreneur with Consumer’s rights has chosen manner of sending back returned goods other than the cheapest manner offered by the Seller, the Seller is not obliged to bear such additional costs borne by the Consumer or Single entrepreneur with Consumer’s rights. Costs reimbursement shall be made in accordance with Art. 11 hereof.
5. The Seller shall reimburse the payment mentioned in Art. 10(4) hereof no later than within 14 days from the day of receiving notice on Customer's Single entrepreneur’s with Consumer’s rights withdrawal from the agreement. In the event the Seller does not suggest collecting the item from the Consumer or Single entrepreneur with Consumer’s rights, the Seller may, however, refrain from reimbursement until he receives the item or until the Consumer or Single entrepreneur with Consumer’s rights provides him with shipment proof – depending on which occurs first.

ART. 11 REIMBURSEMENT

1. The Store carries out the reimbursement by the same payment method as was used by the Customer, unless the Customer clearly agreed on other, free of charge method.
2. Should the Customer pay by bank or wire transfer, the reimbursement is made onto the bank account from which the payment was initially made.
3. Should the Customer paid by cash on delivery, the Seller makes refund onto Customer's bank account order upon prior agreed reimbursement method and requesting the Customer to provide details required for bank transfer.
4. The Seller shall not be held liable for lack of refund or refund delay if, despite receiving a request mentioned in Art. 11(3) hereof on the e-mail address he had provided, the Customer failed to provide the Seller with required details or when the reply on the request is incomplete or prevents the successful refund to be made. The Seller shall not be liable also for the lack of refund or delayed refund due to incorrect transfer or postal details provided by the Customers. In such case, reimbursement will be carried out as soon as the Seller receives the above-mentioned details from the Customer.
5. If case of Seller’s decision to accept return of purchased goods from the Customer not being the Consumer or Single entrepreneur with Consumer’s rights, the Seller shall reimburse the price paid to the Customer reduced by 20% due to costs borne by the Seller in order to verify returned goods. The above-mentioned amount shall be returned to the Customer immediately after receipt of the shipment with returned goods, no later than within 14 days from its receipt.

ART. 12 WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT

1. In accordance with art. 37 (1-3) of the Act as of September 11, 2015 concerning the used electrical and electronic equipment by delivering the Customer the equipment (designed for households, is obliged to gratuitous collection of the used equipment originating from households at the place of the equipment delivery if it is used) the equipment is of the same kind and serves the same function as the delivered equipment.
2. The Seller is obliged for gratuitous acceptance of the equipment in the place of conducting stationary retail sales of the used equipment originating from households which none of the external dimensions exceeds 25 cm, without the need to purchase by the Customer of the new equipment designed for households.

ART. 13 LIABILITY

1. The Seller shall be liable for failure to perform or improper performance of the agreement, however, if the agreement is concluded with Customers who are not Consumers or Single entrepreneurs with Consumer’s rights, the Seller shall be liable only for deliberate damage and to the extent of actual losses incurred by Customer.
2. The Seller shall not be liable for impossibility or hindrances in the Store use stemming from issues attributable to the Customer, including but not limited to losing the password by the Customer or third persons coming into possession of such password by whichever means. The Seller shall be liable though, if the Customer lost his password or third person came into possession of such password due to reasons attributable to the Seller, or reasons the Seller is responsible for.

ART. 14 PRIVACY AND PERSONAL DETAILS

1. The regulations on privacy and Customer data protection and information about cookies files used by the Seller have been defined in the Privacy Policy available in electronic form at: https://prumysloveautomatizace.cz/ochrana-osobnich-udaju

ART. 15 MISCELLANEOUS

1. The sale agreement is concluded by the Customer and RGB Elektronika Spółka z ograniczoną odpowiedzialnością Sp. K. (limited partnership).
2. The Seller is not an official distributor or a representative of manufacturer of any goods offered by the Store, unless otherwise stated in information at Store’s website or in Product description. Trademarks, industrial designs, utility models, and any other subjects of intellectual property rights presented at Store’s website are held solely by the proprietor and entities entitled from these intellectual property rights.
3. The goods presented at Store's websites do not constitute an offer pursuant to the Civil Code. Information on the goods placed at the websites does not mean the goods are available at Store's warehouse.
4. In the matters nor regulated herein, the provisions of Polish law shall apply, in particular the provisions of Polish Civil Code and Consumer Rights Act of 30 May 2014.
5. In the event of any disputes with Consumer being a Party thereof, the Consumer has the right to out-of-court complaint handling and claiming damages. The Consumer may in particular receive free assistance in the event of the dispute between the Customer and the Seller by the means of free help of district (city) Consumer Ombudsman or social organisations responsible for consumer's protection.
6. In the event of any disputes with Customer who is not a Consumer or a Single entrepreneur with Consumer’s rights, the Court of the proper venue for Seller's registered seat shall be competent to resolve the dispute.
7. This Terms of Service come into effect as of: 23.03.2021.
8. The Store reserves the right to change present Terms of Service due to important reasons including:
1. Changes in the law,
2. Organisational reasons, especially:
3. Changes in the scope of the activity by the Seller in the form of changing its profile, changes in the product assortment, introducing new services or improvements (including those connected with entering and withdrawing from contracts),
4. Changes in the address data, name of legal form of the Seller,
5. Changes in the payment methods,
6. Changes in the way of delivering the products,
7. Other technical changes linked with the way the Store is functioning.
9. Any amendments to the Terms of Service hereto shall come into effect in the time determined by the Seller, being no less than 7 days from the day of placing them at: www.prumysloveautomatizace.cz. Customers owning the Customer Account shall be informed about the introduced changes via e-mail address provided by them. Any orders made before the amendments hereto came into effect shall be processed on the basis of the provisions applicable at the day the order was made. The Customers being the Consumers or Single entrepreneurs with Consumers’ rights in the time of 14 days since receiving the notification about the changes in the Terms of Service have the possibility to terminate the contract for providing the services of operating the Customer Account via e-mail.




SAMPLE AGREEMENT WITHDRAWAL

Date ...............................................
The Seller:
RGB Elektronika Spółka z ograniczoną odpowiedzialnością Sp. k., ul. Długosza 2-6, 51- 162 Wrocław
NIP (tax identification number): 8951985034
e-mail: [email protected]
The Buyer (consumer or single entrepreneur with consumer’s rights):
Name and surname: .................................................
Address: ..............................................................
E-mail address: .....................................................
Business name (for single entrepreneurs with consumers’ rights only): __________________
Tax identification number (for single entrepreneurs with consumers’ rights only): __________
Declaration
I hereby inform about my withdrawal from sale agreement concerning the following goods:
............................................................................................... (enter Item name).
The sale agreement has been concluded on ........................... (enter the date when the agreement has been concluded).
The item has been collected on ................................... (enter the date when the Item was collected).
………................................. 
Signature of the Consumer
or Single entrepreneur with Consumer’s rights
(only when the declaration was sent in written form)