§ 2
DEFINITIONS
The terms and definitions used herein shall have the following meanings:
1. SELLER/CONTROLLER– TRECOM KRAKÓW Spółka akcyjna spółka komandytowa with its registered office in Warsaw, having its business address and address for service at ul. Czyżewska 10, 02-908 Warsaw, entered into the National Court Register under the number 0000681660, REGON: 367516200, NIP: 5213784577.
2. USER – an entrepreneur within the meaning of Article 431 of the Civil Code and the Act of 6 March 2018, busines activity act, being a natural person, a legal person or an organizational unit without legal personality, using the functionality of the Online Store.
3. ONLINE STORE – a website maintained by the Seller, available at sklep.trecom.pl, through which the User can obtain information about the Product and its availability, and make a purchase or commission a service.
4. BUYER – a User who has concluded or intends to conclude a Sales Contract with the Seller.
5. AGREEMENT CONCLUDED REMOTELY – an agreement concluded with the Buyer as part of an organized system of concluding remote contracts (as part of the Online Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of remote communication until the conclusion of the contract.
6. SALES CONTRACT – a sales contract within the meaning of the Civil Code, concluded remotely, i.e. via the Online Store between the Buyer and the Seller.
7. ORDER – Buyer’s declaration of intent made using the Order Form and directly aimed at concluding a Sales Contract for a Product or Products with the Seller.
8. ORDER CONFIRMATION – an electronic document sent by the Online Store to the User’s e-mail address in response to the User’s Order, constituting the statement of sklep.trecom.pl regarding the acceptance of the User’s Order.
9. REGISTRATION FORM – form available in the Online Store enabling the creation of an Account in the Online Store
10. ACCOUNT – a set of assets in the Seller’s ICT system, marked with an individual name (login) and password provided by the Customer, in which the data provided by the User and information about their Orders in the Online Store are collected.
11. LOGIN – individual User identification, provided during the registration process, along with the password used to authenticate the User when logging into the User Account.
12. PASSWORD – a string of characters set by the User, used for user authentication when logging into the User Account.
13. ORDER FORM – an interactive form available in the Online Store, enabling placing an Order, particularly by adding Products to the Cart and specifying the terms of the Sales Contract, including the method of delivery and payment.
14. CART – an electronic form made available by the Seller in the Online Store, by means of which the Buyer selects Products to place an Order;
15. PRODUCT – a movable item or service available in the Store that is the subject of the Sales Contract between the Buyer and the Seller.
16. ELECTRONIC SERVICES AGREEMENT – a free contract concluded by the User with the Seller upon accepting the terms herein, completing and sending the Registration Form and confirming the registration via the activation link, under which sklep.trecom.pl allows the User to use the functionality of the Online Store under the conditions arising herefrom, and the User undertakes to comply with the terms of use of the Online Store arising from the Terms & Conditions.
§ 3
CREATING AN ACCOUNT
1. The Online Store offers a feature of creating an individual User Account.
2. Having an Account in the Online Store allows e.g. checking order history, tracking shipments, as well as faster communication with the Online Store.
3. Creating an Account is possible after the User completes a total of three subsequent steps:
a) fills in the Registration Form,
b) clicks the “Create Account” box,
c) confirms the desire to create an Account by clicking the confirmation link which is sent
automatically to the e-mail address provided.
4. The Registration Form must include the following User’s data:
a) name and surname/company name
b) Tax Identification Number
c) address (street, house/flat number, postal code, city, country),
d) e-mail address,
e) contact phone number
f) login
g) password
5. The user is required to provide true data during registration. Providing false data may result in the User’s civil, criminal or fiscal liability.
6. The User is responsible for keeping the assigned login and password confidential. The User is responsible for the use of their assigned login and password by those using them.
7. Account registration requires the User to accept (by checking the appropriate check boxes) the Terms & Conditions, the Privacy Policy and the relevant GDPR Clause.
8. The account is provided free of charge for an indefinite period. The User may, at any time and without giving a reason, delete the Account (resignation from the Account) by sending an appropriate request to the Seller, in particular via e-mail to the address: or in writing to the address: ul. Czyżewskiego 10, 02-908 Warsaw.
§ 4
USING THE ONLINE STORE
1. Only an Entrepreneur may be an Online Store User.
2. Agreements concluded via the Online Store are concluded in Polish.
3. Using the Online Store requires the User to use software in the form of a web browser with cookies enabled and JavaScript support and to have an active e-mail account for sending and receiving e-mails.
4. The Product price shown on the Online Store website is given in Polish zlotys. The Buyer is informed during placement of the order about the total price of the Product that is the subject of the Order, as well as the delivery costs and other costs and – should the amount of these fees not be determinable – about the obligation to pay them when placing an Order, including when they wish to be bound by a Sales Contract.
5. The presentation of products in the Online Store by placing their photographs and descriptions is for reference only and does not constitute an offer to conclude a contract within the meaning of the Civil Code. Information in this regard should be treated as an invitation to conclude a contract.
6. To place an Order, the User is obliged to use the Order Form.
7. The Order Form can be used by both Users with an Online Store Account and those who do not have such an account.
8. The use of the Order Form begins when the Buyer adds the first Product to the electronic Cart in the Online Store.
9. The Order is placed after the Buyer completes a total of two subsequent steps
a) completes the Order Form
b) clicks the ‘Order with obligation to pay’ field
10. The Order Form must include the following Buyer’s data:
a) name and surname/company name
b) Tax Identification Number
c) address (street, house/flat number, zip code, city, country),
d) e-mail address,
e) contact phone number
f) data regarding the quantity of Products,
g) place and method of Products’ delivery,
h) choice of payment method.
11. In the Order Form, the data of a Buyer having an Account in the Online Store will be added automatically, but the User can edit it freely.
12. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of Order receipt and its acceptance for implementation occurs by the Seller sending to the Buyer an appropriate e-mail to the e-mail address provided when placing the Order, which contains at least the Seller’s statement about the receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Contract. Upon receiving said e-mail, a Sales Contract is concluded between the Buyer and the Seller.
13. The content of the Sales Contract concluded is saved, secured and made available to the Buyer by making these Terms & Conditions available on the Online Store website and by sending the Buyer the e-mail message referred to in § 4 item 12. The content of the Sales Contract is additionally saved and secured in the online store’s IT system.
§ 5
OFFERED DELIVERY AND PAYMENT METHODS
1. Product delivery is available within the territory of the Republic of Poland, as well as in the European Union countries indicated by the Seller in the Products’ description in the Online Store.
2. The expected date of Product delivery to the Buyer is indicated in the Product description in the Online Store.
3. Delivery of the Product to the Buyer is payable, unless the Sales Contract provides otherwise. Product delivery costs are indicated to the Buyer in the Online Store in the “Shipping costs” tab and upon placing the Order, including when the Buyer expresses their will to be bound by the Sales Contract.
4. The buyer may use the following methods of delivery and collection of the ordered Product:
a) courier,
b) personal collection available at: ul. Czyżewska 10, 02-908, Warsaw.
5. Upon the Seller releasing the Product to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product are passed on to the Buyer. In such a case, the Seller shall not be liable for any loss, defect or damage of the Product arising from its acceptance for transport until its delivery to the Buyer as well as for delay in the shipment delivery.
6. If the Product is sent to the Buyer via a carrier, the Buyer is obliged to examine the shipment in the time and manner accepted for such shipments. If the Buyer discovers that there was loss or damage to the Product during transport, they are obliged to perform all actions necessary to determine the carrier’s liability.
7. The Buyer may use the following payment methods:
a) Payment by bank transfer to the Seller’s account,
b) Electronic payments,
c) Payment by payment card
8. The buyer is obliged to make payment within 7 calendar days from the date of the Sale Contract, unless the Product description provides otherwise.
9. Detailed information on delivery methods and acceptable payment methods can be found on the Online Store website.
§ 6
COMPLAINTS AND WARRANTY
1. In the event of a defect in a Product purchased from the Seller, the Buyer has the right to make a complaint based on the provisions regarding warranty in the Civil Code.
2. The Buyer’s warranty rights are voided if the Buyer has not examined the Product in the appropriate time and manner and did not immediately inform the Seller about the defect, and if the defect came to light later – if they did not inform the Seller immediately after discovering it.
3. Complaints should be submitted in writing or by e-mail to the Seller’s addresses provided herein.
4. The complaint should include a brief description of the defect, the circumstances of its occurrence and the details of the person submitting the complaint.
5. The seller will respond to the complaint request immediately, no later than within 30 days from the date of submission of the complaint.
6. Products returned under the complaint procedure should be sent to the address given in § 1 point 1 herein.
7. If the Product is covered by a warranty, information about it, as well as its content, shall be included in the Product description in the Online Store.
§ 7
RIGHT TO WITHDRAW FROM THE CONTRACT
1. The Seller has the right to withdraw from the Sales Contract concluded with the Buyer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Contract in this case may occur without giving a reason and does not give rise to any claims on the part of the Buyer against the Seller.
2. Withdrawal from the Sales Contract by the Buyer after receiving an e-mail from the Seller, confirming the conclusion of the contract may take place only for important reasons and with the Seller’s consent.
§ 8
PERSONAL DATA
1. The Controller of the Users’ personal data collected via the Online Store is the Controller.
2. The Users’ personal data collected by the Controller via the Online Store are collected in order to implement the Sales Contract, and if the User agrees, for marketing purposes as well.
3. The data is only processed based on legal provisions or consent given by the User in accordance with applicable law.
4. The recipients of the Online Store Users’ personal data may take place:
a) in the case of a Buyer using the method of
delivery by courier in the Online Store, the Controller provides the collected personal data of the Buyer
to the selected carrier or intermediary performing the shipment at the request of
the Controller.
b) in the case of a Buyer using the Online Store with the method of
electronic payments or a payment card, the Controller provides the collected personal data of the
Buyer to the selected operator servicing the above payments in the Online
Store.
5. The User has the right to access their personal data and the right to rectify, delete, restrict the processing, the right to transfer data, the right to object, the right to withdraw consent for the processing at any time without affecting the lawful processing carried out based on the consent expressed prior to withdrawal.
6. Providing personal data is voluntary, but refusing to provide the personal data indicated in the Terms & Condtions that are necessary to conclude the Sales Contract results in the inability to conclude this agreement.
§ 9
FINAL PROVISIONS
1. The Controller reserves the right to amend the Terms & Conditions for relevant reasons, i.e.:
a) changes in the law,
b) changes in payment and delivery methods to the extent that these changes affect the implementation of the provisions hereof.
2. The Seller shall inform the User about any changes at least 7 days in advance.
3. The changes are binding to the User if they do not submit a declaration of non-acceptance of said changes – within 7 days from the date of sending the information to the User, as specified in § 8 item 3. The User’s declaration may be submitted in electronic form. Submitting a declaration of non-acceptance of changes shall result in the termination of the agreement between the User and sklep.trecom.pl and the removal of the User Account from the Online Store.
4. Changes aimed solely at improving the functionality of the Online Store, that do not impose any obligations on Users, do not require the User’s approval.
5. The Seller reserves the right to incidentally, partially or completely disable the Online Store for maintenance, improvement or extension of services.
6. All disputes arising between the Seller and the Buyer shall be submitted to the court having jurisdiction over the seat of the Seller.
7. In matters not covered by these Terms & Conditions, the generally applicable provisions of Polish law shall apply, in particular:
a) the Act of 23 April 1964 of the Civil Code,
b) the Act of 18 July 2002 on the provision of electronic services,
c) the Act of 10 May 2018 on the protection of personal data.
