§ 1 GENERAL PROVISIONS
- The provisions of these Terms and Conditions set out the conditions and rules for use by Customers and for making purchases in the online store at www.shop.soft99.eu, owned by Nowy Samochód S.A., with its registered office in Warsaw.
- Correspondence address (for contact): Nowy Samochód S.A., ul. Wroniecka 3/2/1a, 61-763, Poznań
- E-mail: info@soft99.eu or shop@soft99.eu
- Tel. +48 663 022 239
§ 2 DEFINITIONS
The terms used in these Terms and Conditions shall mean:
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Seller
Nowy Samochód S.A., with its registered office in Warsaw, ul. Zbyszka Cybulskiego 3, 00-725 Warsaw, entered in the register of entrepreneurs – the National Court Register under KRS number 0000506610, NIP 5213670388, REGON 147203781, having share capital in the amount of PLN 1,250,000.00 (one million two hundred and fifty thousand zlotys and 00/100), paid in full. -
shop.soft99.eu
an online store intended exclusively for professionals in the automotive detailing and passenger car care industry, operated by the Seller at shop.soft99.eu; purchases of Products on shop.soft99.eu may be made only by Customers with an active Customer Account. -
Customer
an adult natural person having legal capacity, a legal person, or an organizational unit without legal personality using shop.soft99.eu and having appropriate professional qualifications in the field of automotive detailing, passenger car care, or an entity conducting business activity in the automotive detailing or passenger car care industry. -
Customer Account
a Customer account verified by the Seller, created in the shop.soft99.eu store using the Customer’s data (including personal data), enabling the purchase of Products and access to the other functionalities of the store. -
Consumer
a Customer who is a natural person within the meaning of Article 22¹ of the Civil Code, performing a legal act with an entrepreneur that is not directly related to that person’s business or professional activity. -
KSeF
the National e-Invoicing System. -
Party
the Seller as well as the Customer, jointly referred to as the “Parties”. -
Agreement
a sales agreement concluded between the Customer and the Seller under the rules set out in the Terms and Conditions at the moment when the Seller’s system generates the confirmation of placing an order referred to in § 4 point 2 letter (f) below. In relation to Customers who are Consumers and Entrepreneurs with Consumer Rights, the Agreement is a distance contract within the meaning of the Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2019, item 134, as amended). -
Civil Code
the Act of 23 April 1964 – Civil Code (Journal of Laws of 2018, item 1025, as amended). -
GDPR
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). -
Terms and Conditions
these Terms and Conditions specifying the conditions and rules for the use by Customers of the shop.soft99.eu store, including the rules for the sale of goods via sklep.soft99.eu, the provision by the Seller of electronic services via shop.soft99.eu, i.e. the Customer Account maintenance service and Newsletter distribution; these Terms and Conditions constitute the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services. -
Products
goods offered by the Seller on shop.soft99.eu. -
Entrepreneur with Consumer Rights
shall mean a natural person concluding an agreement with the Seller directly related to that person’s business activity, where it follows from the content of that agreement that it is not of a professional nature for that person, resulting in particular from the subject matter of the business activity performed by that person, made available under the provisions on the Central Registration and Information on Business. -
Services
services provided electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services (consolidated text: Journal of Laws of 2024, item 1513, as amended), available to the Customer via the online store at www.shop.soft99.eu. -
Consumer Rights Act
the Consumer Rights Act of 30 May 2014 (consolidated text: Journal of Laws of 2024, item 1796, as amended). -
UŚUDE
the Act of 18 July 2002 on the provision of electronic services (consolidated text: Journal of Laws of 2024, item 1513, as amended).
§ 3 SERVICES PROVIDED ELECTRONICALLY
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Customer Account – This service consists in making it possible for the Customer to create a Customer Account in the online store at www.shop.soft99.eu, within which it will be possible to: place orders in the online store, access the history of placed orders, manage the data provided when creating the Customer Account and supplement such data, access the possibility of changing the password to the Customer Account and the e-mail address.
- In order to create a Customer Account, the Customer fills in the registration form by providing the necessary data and account information. When filling in the registration form, the Customer has the opportunity to ознакомиться with the Terms and Conditions and accept their content, including downloading them.
- The Customer may make purchases in the shop.soft99.eu store without creating a Customer Account (so-called “guest order”).
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In order to create a Customer Account, the Customer declares that they have read the Terms and Conditions and accept their provisions by ticking the appropriate consents, and may, by clicking the “Terms and Conditions” tab on the www.shop.soft99.eu website, print them out, and may also receive the Terms and Conditions electronically upon each request addressed to the Seller, free of additional charge.
- While filling in the registration form, the Customer may additionally voluntarily consent to the processing of their e-mail address for marketing purposes by ticking the appropriate box in the registration form. In such a case, the Seller clearly informs the Customer of the purpose of collecting the Customer’s personal data, as well as the recipients of such data known or anticipated by the Seller. In such a case, the Seller fulfils the information obligation regarding the purpose and scope of the processing of the Customer’s personal data.
- The Customer’s consent to the processing of their e-mail address for marketing purposes is voluntary and optional and is not a condition for concluding with the Seller an agreement for the provision, by electronic means, of the Customer Account maintenance service. The consent may be withdrawn at any time by submitting an appropriate statement by the Customer to the Seller. Such a statement may, for example, be sent to the Seller’s e-mail address by electronic mail: info@soft99.eu
- After the completed registration form has been submitted, the Customer immediately receives, by electronic means to the e-mail address provided in the registration form, an activation link. Upon clicking this link, an agreement for the provision by electronic means of the Customer Account maintenance service is concluded, and the Customer gains access to the Customer Account and the possibility of changing/supplementing their data.
- A Customer who is a Consumer and an Entrepreneur with Consumer Rights has the right to withdraw from the agreement for the creation of a Customer Account, without giving any reason, within 14 days from the date of its conclusion. The provisions of Chapter 8 shall apply accordingly.
- The Customer may terminate the agreement for the provision of electronic services (Customer Account maintenance) at any time and without stating a reason, subject to preserving the rights acquired by the other Party before termination of the above agreement and the provisions below.
- A Customer who has created a Customer Account terminates the agreement for the provision of electronic services by sending the Seller an appropriate declaration of intent, using any means of distance communication enabling the Seller to become acquainted with such declaration.
- The Customer undertakes to complete the registration form with due diligence, including in particular providing complete and truthful data.
- The Seller shall not be liable for incorrect completion of the registration form by the Customer or for any damage related thereto.
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Order Form – This service consists in making it possible for the Customer to select the Products they wish to purchase, preview the selected Products and delivery costs, use a discount coupon, complete the data necessary to purchase the Products, and place an order.
- the agreement for the provision of the Order Form Service is concluded for a fixed term, at the moment the Customer starts using the Service;
- the agreement is terminated when the Customer leaves sklep.soft99.eu or places an order.
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Contact Form – This service consists in enabling the Customer to contact the Seller via the online store at www.shop.soft99.eu.
- the agreement for the provision of the Contact Form Service is concluded for a fixed term, at the moment the Customer starts using the Service;
- in order to use the Contact Form, the Contact Form must be completed by providing the data indicated in the service on the page containing the Contact Form, accepting the Terms and Conditions and the Privacy Policy, and clicking the “Send” button or a button of similar meaning;
- the agreement is terminated when the Customer sends a message to the Seller or closes the shop.soft99.eu page containing the Contact Form.
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Newsletter – This service consists in sending the Customer information concerning the online store at www.shop.soft99.eu or the Seller, including commercial and marketing information, to the e-mail address provided by the Customer when subscribing to the Newsletter.
- the agreement for the provision of the Newsletter Service is concluded after the Customer provides their e-mail address, accepts the Terms and Conditions and the Privacy Policy, acknowledges that subscribing to the Newsletter means consenting to receive information sent as part of the Newsletter Service to the e-mail address provided by the Customer, and confirms the subscription to the Newsletter using the provided “Subscribe” button or a button of similar wording;
- the agreement for the provision of the Newsletter Service is concluded for an indefinite period;
- the service may be provided at irregular intervals;
- the Customer may unsubscribe from the Newsletter Service at any time;
- resignation from the Newsletter Service should be sent in writing to the Seller’s address or by e-mail to info@soft99.eu;
- resignation from the Newsletter Service is also possible via the link indicated in each message received as part of the Service;
- resignation from the Newsletter Service results in termination of the agreement upon receipt of the resignation by the Seller.
§ 4 PURCHASE OF PRODUCTS
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The Customer may purchase Products on the shop.soft99.eu website 7 days a week, 24 hours a day:
- after logging into the Customer Account, or
- without creating a Customer Account, by providing the data necessary for order fulfilment.
- An order placed by the Customer shall be fulfilled if it contains, in each case, the names and characteristics of the ordered Products, the Customer’s data (in the case of a natural person – first and last name, and in the case of a legal person or an organizational unit without legal personality – the name of such entity), as well as the address, telephone number, payment method, delivery method and also (if applicable) the data necessary for issuing a VAT invoice.
- If the Customer chooses the option of placing an order without creating a Customer Account, then in order to place the order it is necessary to read and accept the provisions of the Terms and Conditions.
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The order placement procedure is as follows:
- the Customer selects the Product they intend to purchase and clicks the “add to cart” button,
- the Customer adds further Products by clicking the “continue shopping” button,
- after adding Products to the cart, the Customer proceeds to finalise the order by clicking the “Complete order” button,
- if the Customer does not have a Customer Account, they will be redirected to a page where they will be able to decide whether to create one or complete the order without creating a Customer Account,
- if the Customer has a Customer Account, they may log in by providing their login details,
- the Customer provides the shipping address details and (optionally) the data necessary to issue a VAT invoice in accordance with generally applicable laws,
- next, the Customer chooses the delivery method,
- after verifying the data entered by them, accepting the content of the Terms and Conditions, in the “summary” section the Customer makes the purchase by clicking “I confirm the purchase”,
- next, the system generates an automatic message constituting confirmation of placing the order, and confirmation of placing the order is also sent electronically to the e-mail address provided by the Customer during Account registration.
- When providing the data necessary for order fulfilment, the Customer should exercise due diligence, including in particular providing complete and truthful data in order to enable the Seller to perform its obligations arising from the Agreement.
- In the case of Customers who do not have a Customer Account (placing a so-called “guest order”), during the order procedure such Customer may voluntarily consent to the processing of their e-mail address for marketing purposes by ticking the appropriate box in the registration form. In such a case, the Seller clearly informs the Customer of the purpose of collecting the Customer’s personal data, as well as the recipients of such data known or anticipated by the Seller. In such a case, the Seller fulfils the information obligation regarding the purpose and scope of the processing of the Customer’s personal data.
- The Customer’s consent to the processing of their e-mail address for marketing purposes is voluntary and optional and is not a condition for making purchases. The consent may be withdrawn at any time by submitting an appropriate statement by the Customer to the Seller. Such a statement may, for example, be sent to the Seller by electronic mail to: info@soft99.eu.
- The prices indicated next to the Products are gross prices and include VAT applicable in Poland. In the case of Customers from outside Poland – who are not Consumers and who have their registered office in the territory of any Member State of the European Union or in the territory of a third country (B2B sales), the sale shall in principle take place at net prices, i.e. without including VAT, unless generally applicable laws provide otherwise.
- The order awaits payment for 5 business days. After this period, the order is automatically cancelled, of which the Customer will be informed by e-mail. Cancellation of the order does not deprive the Customer of the possibility of making purchases again at shop.soft99.eu.
- The sales agreement between the Seller and the Customer is concluded at the moment the Seller’s system generates the confirmation of placing the order.
- The time limit for fulfilment of an order for Products is up to 5 business days counted from the day of receipt of the message confirming order fulfilment, subject to the situation where a given Product is not available in stock. In such a case, the Customer will be informed immediately of the order fulfilment date.
- If the Customer fails to collect the Product from the courier (which results in the return of the Product to the Seller), the Seller, after first granting the Customer an additional 7-day period to collect the Product, may withdraw from the Agreement. Withdrawal from the Agreement takes place by submitting to the Customer, no later than within 21 days from the ineffective expiry of the additional period referred to in the previous sentence, the Seller’s declaration of intent to withdraw. In such a case, the Agreement shall be deemed not to have been concluded.
- In the situation specified in point 13 above, the Seller and the Customer shall be obliged, within 3 days from the date of withdrawal from the Agreement, to return to each other everything they received from the other party under the Agreement. In addition, within 3 days from the date of withdrawal from the Agreement, the Customer shall be obliged to remedy the damage in the form of the costs of delivery and return of the Product incurred by the Seller as a result of the Customer’s failure to collect the Product. If both claims become due (the Customer’s claim for reimbursement of payment and the Seller’s claim for damages), the Seller is authorised to set off its receivable against the Customer’s receivable.
- Orders for Products may be placed by Customers between 10:00 and 16:00 by e-mail to info@soft99.eu.
- The order fulfilment time is counted from the date on which the Seller’s bank account or settlement account is credited.
- A change of the data on an invoice issued by the Seller to the Customer (in accordance with the data provided when placing the Order), including a change of the buyer’s data, is not possible. The above does not apply to situations in which grounds arise for the Seller to issue a correcting invoice, as specified in generally applicable laws.
§ 5 PAYMENT METHODS
- Product prices are given in euro and include all components, including VAT, etc. The price does not include the flat-rate Delivery fee.
- The Seller informs the Customer, no later than immediately before placing the Order, of the total price of the Products and any additional charges, including Delivery costs (if any).
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During the order placement process, the Seller informs the Customer about the available payment methods:
- bank transfer to the Seller’s account indicated in the attachment to the message confirming order fulfilment,
- payment card (Visa, MasterCard, Maesttro),
- via PayPal.
- If payment by bank transfer to the Seller’s account is selected, the Customer is obliged to make payment no later than within 7 business days from the date of placing the order (conclusion of the Agreement).
- An appropriate sales document is issued for each Order and sent to the Customer together with the ordered Product.
- If a VAT invoice is to be issued to a Customer conducting business activity and/or being a VAT taxpayer, the Customer’s details and VAT ID number (NIP) must be provided in the Order.
- Invoices for Customers who are not Consumers are issued exclusively using KSeF. Structured invoices are made available to a Customer who is not a Consumer obligatorily in KSeF. At the Seller’s discretion, an image of the invoice with a QR code is made available to the e-mail address provided during Customer Account registration or provided in the order, to which the Customer consents.
- Invoices for Customers who are Consumers are issued only upon the Customer’s request submitted within 3 months from the end of the month in which the goods were delivered, in the existing electronic form. Invoices are made available to the e-mail address provided during Customer Account registration or provided in the order, to which the Customer consents.
- A Customer who is not a Consumer consents to the use of the e-mail address provided during Account registration or provided in the order for the purpose of making electronic invoices available during a breakdown or unavailability of KSeF.
§ 6 DELIVERY
- Ordered Products may be delivered by the Seller to the address indicated by the Customer within the territory of the Republic of Poland and the European Union via a courier company with which the Seller has concluded an agreement.
- The Customer has the option of collecting the ordered Products in person at a selected point of sale. The list of Sales Points together with their opening hours is available here.
- The Seller informs the Customer by e-mail about the dispatch of the ordered Products, and in the case of personal collection, about the Products being ready for collection.
- Products with different Delivery lead times are sent after the entire order has been completed.
- Upon receipt of a Product sent to the address indicated by the Customer, the Seller recommends first paying attention to the external condition of the delivered parcel. In the event of visible mechanical damage or other concerns as to the condition of the packaging, including logistics protections (e.g. the Product packaging is damaged, visible traces of opening, tape has been broken), we strongly recommend refusing to accept it and immediately notifying the Seller thereof.
- If the external condition of the parcel gives no cause for concern, the Seller further recommends checking its contents in the presence of the Carrier. In the event of any comments regarding the technical and visual condition or completeness of the collected Product, it is advisable to draw up a damage report. The Carrier has the necessary forms and is at the same time obliged to certify the irregularities found.
- If damage to the parcel is found during Delivery or there are reservations as to the quantity of the delivered Product, the Seller recommends drawing up a damage report in the presence of the Carrier (if the Carrier does not have such a report with them, a different date should be agreed for drawing it up), and indicating in it: the date, time of delivery, and a description of damage or shortages of the Product and packaging, and then sending the signed report immediately to the Seller, for example by e-mail to info@soft99.eu, or in writing to Nowy Samochód S.A., ul. Wroniecka 3/2/1a, 61-763, Poznań.
- The above recommendations are intended solely to facilitate the procedure for pursuing claims by the Customer. Failure to comply with them has no effect whatsoever on the possibility of exercising the rights available to the Customer in connection with Product defects under applicable laws.
- Detailed conditions for Delivery of the Product by the Carrier are governed by the relevant contractual regulations applicable to the Carrier.
§ 7 DELIVERY COSTS
- The Customer is obliged to bear the Delivery costs, subject to the situation where the Customer qualifies for free delivery.
- Information on Delivery costs is included in the “Product delivery rules” tab and is additionally visible during order finalisation.
- The fee for Delivery of Products varies, and its amount depends on the quantity, weight, and dimensions of the ordered Products. The Customer is informed of the amount of the flat-rate Delivery fee before conclusion of the Agreement. It is paid together with the purchase price of the Product, subject to the situation where the Customer qualifies for free delivery.
§ 8 COMPLAINTS
- The Seller is obliged to deliver a Product free from defects to the Customer.
- The Seller is not the guarantor of the Products. If the guarantor grants a quality guarantee covering the Product, its conditions are made available next to the Product. Rights under the guarantee should be exercised in accordance with the conditions set out in the guarantee document attached to the Product.
- Complaints under statutory warranty or guarantee should be sent to: info@soft99.pl, and in the case of claims under a guarantee also directly to the manufacturers/distributors of the Product indicated in the Product guarantee document.
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If a Product defect is found, the Consumer may:
- demand a price reduction, or
- withdraw from the agreement, unless the Seller immediately and without excessive inconvenience to the Consumer replaces the defective Product with one free from defects or removes the defect, provided that this limitation does not apply if the Product has already been replaced or repaired by the Seller, or the Seller has failed to fulfil the obligation to replace the item with one free from defects or remove the defect.
- Instead of the defect removal proposed by the Seller, the Consumer may demand replacement of the Product with one free from defects, or instead of replacement of the Product demand removal of the defect, unless bringing the Product into conformity with the agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared with the manner proposed by the Seller. When assessing the excessiveness of costs, the value of the item free from defects, the type and significance of the defect found, and the inconvenience to which the Consumer would be exposed by another manner of satisfaction shall be taken into account.
- The Consumer may not withdraw from the agreement if the defect is insignificant.
- If the sold item has a defect, the Consumer may demand replacement of the item with one free from defects or removal of the defect. The Seller is obliged to replace the defective item with one free from defects or remove the defect within a reasonable time without excessive inconvenience to the Consumer.
- The Consumer should notify the Seller of the defect found no later than within 2 years from the date of delivery of the Product. To meet the deadline, it is sufficient to send the notification before its expiry.
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In order to facilitate the examination of the complaint, the Seller recommends that the Consumer’s complaint notification include the following information:
- information whether the notification concerns a claim under statutory warranty (seller) or guarantee (manufacturer),
- the Consumer’s first and last name or business name;
- the name of the Product;
- the date of purchase of the Product;
- the Order number;
- a detailed description of the Product defect;
- the time when the Product defect arose,
- Where necessary to assess the existence of a Product defect, simultaneously with the submission of the defect notification the complained-about Product should be delivered to the Seller’s office at the correspondence address indicated in § 1.
- The Seller has 30 days to examine the complaint, subject to a Consumer’s complaint under statutory warranty, to which the Seller responds within 14 days from the date of receipt of the Consumer’s request. The Customer is informed of the handling of the complaint by e-mail, telephone, or in writing. Failure to notify the Consumer of the method of handling the complaint within the above 14-day period shall be treated as acceptance of the complaint by the Seller.
- The time limit for performing obligations under the guarantee is specified in the content of the guarantee document and should not exceed 14 days counted from the date the item is delivered by the person entitled under the guarantee.
- The Consumer’s rights arising from Product defects or the rights of a Customer who is not a Consumer under statutory warranty for defects do not exclude, limit, or suspend their rights arising from the guarantee granted by the guarantor – under the rules set out in the guarantee document.
- Pursuant to Article 558 of the Civil Code, complaint claims of a Customer who is an entrepreneur and of an Entrepreneur with Consumer Rights – under statutory warranty for defects – are excluded.
§ 9 TECHNICAL CONDITIONS OF USING shop.soft99.eu
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Technical requirements necessary to use all functionalities of the shop.soft99.eu store:
- an active Internet connection (wired or wireless),
- an Internet browser enabling the calling up and viewing on a computer screen (or other electronic device, including for example a mobile phone or tablet) of hypertext files (HTML),
- the Customer having an active e-mail account.
- The Seller reserves that use of the shop.soft99.eu service may involve the standard risks associated with the use of the Internet and therefore recommends that all Customers take appropriate steps to minimise them, including installation of antivirus software and its constant updating to the latest version.
- The Seller informs that it is prohibited for Customers to provide unlawful content in the course of using the Soft99 service.
§ 10 WITHDRAWAL FROM THE AGREEMENT BY THE CUSTOMER / ENTREPRENEUR WITH CONSUMER RIGHTS
- A Customer who is simultaneously a Consumer and an Entrepreneur with Consumer Rights, who has concluded an Agreement with the Seller, may withdraw from it without giving any reason and without incurring costs, except for the costs referred to below, by submitting an appropriate declaration in any form within 14 days counted from the date of delivery of the Product to them or to a third party indicated by them other than the carrier, and if the Product was delivered in batches or in parts, from the day on which they took possession of the last item, or on which a third party other than the carrier and indicated by them took possession of the last item.
- To meet the 14-day deadline referred to in point 1 above, it is sufficient to send the declaration of withdrawal from the Agreement before its expiry. The declaration of withdrawal from the Agreement may be submitted by a Customer who is a Consumer and an Entrepreneur with Consumer Rights in any form, including, for example, by sending it to the Seller by e-mail to: [info@ soft99.eu] or in writing to the Seller’s correspondence address indicated in Chapter 1 point 1 above. For this purpose, the Customer may use the form available here, but this is not obligatory.
- In the event of withdrawal from the agreement, the Seller shall immediately inform the Customer who is a Consumer / Entrepreneur with Consumer Rights of receipt of their declaration on a durable medium (including, for example, in writing or by e-mail) and (if payment has already been made) shall return the amounts actually paid towards the price, however no later than within 14 days from the date of receipt of the relevant declaration.
- If the Customer (being a Consumer and an Entrepreneur with Consumer Rights) chose a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Seller, the Seller is not obliged to reimburse that Customer for the additional costs incurred by them.
- The Seller shall refund the payment to the Customer using the same payment methods as were used in the original transaction. In each case, a Customer who is a Consumer and an Entrepreneur with Consumer Rights shall not incur any fees in connection with this refund (subject to the provisions of subpoint 8).
- The Seller may withhold the refund until receipt of the Product or until the Customer who is a Consumer / Entrepreneur with Consumer Rights provides proof of having sent it back, depending on which event occurs first.
- The Customer should send back or hand over the Products to the Seller at the correspondence address indicated in Chapter 1 point 1 above immediately, and in any event no later than within 14 days from the day on which the Customer informed the Seller of withdrawal from the Agreement. The deadline is met if the Customer sends the item back before expiry of the 14-day period.
- In the event of withdrawal from the Agreement, the Customer bears all costs of returning the Product to the Seller, i.e. the costs of packaging the Product, securing it, and the costs of sending back / delivering the Product to the address indicated in Chapter 1 point 1 above.
- The Customer is liable only for any reduction in the value of the Product (item) resulting from using it in a manner going beyond what is necessary to establish the nature, characteristics, and functioning of the item.
- The Product returned by the Customer should be packaged appropriately so as to ensure no damage during delivery. Where possible, the Product should be packaged in its original packaging. The Product should be returned together with complete equipment and any accessories and documents issued upon conclusion of the Agreement.
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The right to withdraw from a distance contract shall not apply to a Customer who is a Consumer and an Entrepreneur with Consumer Rights in the following cases:
- an agreement where the subject of performance is an item delivered in a sealed package which, after opening the package, cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery;
- an agreement where the subject of performance is items which, after delivery, by their nature become inseparably connected with other items;
- an agreement where the Consumer / Entrepreneur with Consumer Rights expressly requested that the entrepreneur come to them to carry out urgent repair or maintenance. If the entrepreneur additionally provides services other than those requested by the Consumer / Entrepreneur with Consumer Rights, or supplies items other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the agreement shall apply in relation to the additional services or items;
- an agreement where the subject of performance is sound or visual recordings or computer software supplied in a sealed package, if the package was opened after delivery;
- an agreement for the supply of digital content which is not recorded on a tangible medium, if performance has begun with the express consent of the Consumer / Entrepreneur with Consumer Rights before expiry of the withdrawal period and after the entrepreneur informed them of the loss of the right to withdraw from the agreement.
- The provisions of this § 10 apply exclusively to Customers who are Consumers and Entrepreneurs with Consumer Rights.
§ 11 COMPLAINTS REGARDING SERVICES (provided electronically)
- Complaints concerning the provision of Services by the Seller may be submitted to the Seller in writing to the Seller’s registered office address or electronically to: info@soft99.eu
- In a complaint, it is recommended to provide the following information:
- first name, last name, e-mail address, or delivery address,
- specification of the Service which is the subject of the complaint and, if applicable, the complained-about period,
- presentation of the circumstances justifying the complaint and attaching all documents and information demonstrating the legitimacy of the complaint claims.
- If it is necessary to supplement the complaint, the Seller may request supplementation of the submitted complaint.
- The Seller shall respond to the complaint within 14 days from the date of its receipt.
- The response will be sent to the e-mail address or delivery address provided in the complaint.
§ 12 PERSONAL DATA PROTECTION
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In the shop.soft99.eu store, the following personal data are processed:
- of Customers: first name, last name, delivery address, e-mail address, telephone number, company, registered office address, NIP, bank account number, computer IP address, as well as data concerning profession performed or education, obtained solely for verification purposes,
- of persons contacting the Seller through the chat available from the home page.
- The controller of the personal data referred to in point 1 above is the Seller.
- Contact regarding personal data: rodo@soft99.eu, tel. +48 663 022 239.
- Personal data are protected and processed in accordance with applicable laws, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
- Provision of personal data by the Customer is voluntary, however it is necessary for the creation of an Account and subsequently for the conclusion and performance of the Agreement.
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Every person who has provided their personal data to the Seller has, within the limits specified by law and where applicable, the following rights:
- the right of access to the content of their data and the right to rectify, erase, or restrict processing thereof, as well as the right to data portability,
- where the Seller processes data on the basis of that person’s consent – the right to withdraw such consent at any time, provided that this shall not affect the lawfulness of processing carried out on the basis of consent before its withdrawal,
- the right to lodge a complaint with the President of the Personal Data Protection Office if that person considers that the processing of their personal data infringes the provisions of the GDPR,
- the right to object to the processing of personal data based on the Seller’s legitimate interest.
- Detailed information regarding personal data and privacy protection, as well as detailed rules of personal data processing, has been included in the Privacy Policy tab on the sklep.soft99.eu website. A change to the Privacy Policy does not constitute an amendment to the Terms and Conditions.
§ 13 OUT-OF-COURT METHODS OF RESOLVING CONSUMER DISPUTES
- If the complaint procedure referred to in § 8 above has been exhausted, the Consumer has (apart from the possibility of pursuing claims before a court) the right to use out-of-court methods of handling complaints and pursuing claims. The rules concerning the possibility of using these rights and access to procedures are available at the offices and on the websites of district/municipal consumer ombudsmen, Provincial Inspectorates of Trade Inspection, and social organizations whose statutory task is consumer protection. In addition, this information is available on the website www.uokik.gov.pl.
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The Consumer has the right to:
- apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2017, item 1063) for settlement of a dispute arising from the concluded Agreement;
- apply to the provincial inspector of Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2017, item 1063), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller;
- seek assistance from the district/municipal consumer ombudsman or one of the social organizations whose statutory task is consumer protection.
- In addition, the online dispute resolution platform between consumers and entrepreneurs at EU level (the ODR platform) is available on the website www.webgate.ec.europa.eu.
- The entity competent for out-of-court resolution of consumer disputes with the Seller is either: a) the Provincial Inspector of Trade Inspection in Poznań, www.poznan.wiih.gov.pl, or b) another competent authorised entity entered in the Register of entities kept by the President of the Office of Competition and Consumer Protection (the list of authorised entities is available at www.polubowne.uokik.gov.pl, and the Consumer has the right to choose which of the above entities to contact).
§ 14 OTHER PROVISIONS
- Products purchased via sklep.soft99.eu are not suitable for consumption.
- Before using the Product, the Customer is obliged to read the leaflets and instructions attached to it. In the event of additional questions related to the method of use of the Product, the Customer may send them to the e-mail address eu. The Seller shall respond immediately, but no later than within 7 days.
- The Seller shall not be liable for damage resulting from the use of Products purchased in the shop.soft99.eu store contrary to their intended purpose and in a manner inconsistent with the instructions attached each time to the Product.
- The Seller has the right to organize promotional campaigns and sales, the terms of which shall each time be specified in separate regulations published on the shop.soft99.eu website. A limited number of Products is intended for sale in promotional campaigns and sales. Orders are fulfilled according to the order in which they are received by the Seller, until the stocks covered by a given promotional campaign or sale are exhausted. Individual promotional campaigns and sales cannot be combined, unless the terms of a given promotional campaign or sale provide otherwise.
- Use of illustrative materials, photographs, compositions, page layouts, and intellectual property rights contained on the sklep.soft99.eu website – regardless of their form – for purposes other than personal use, without the Seller’s consent, is strictly prohibited.
- The Seller shall not be liable for technical problems or limitations, including the speed of data transmission of the computer equipment, end device, ICT system, and telecommunications infrastructure used by the Customer, which prevent or hinder the use of the Service.
- The Customer is liable, as for their own acts or omissions, for the acts or omissions of another entity whom they allow to use the Service via their own account.
- NS shall not be liable for the effects of the Customer’s use of the Service in a manner contrary to applicable law, the Terms and Conditions, or accepted principles of social coexistence or customs.
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Europe | €
Deutschland | €
United Kingdom | £