Terms and Conditions of the Promlift store

Section 1.
General provisions

The PROMLIFT online store available at www.shop.promlift.com (hereinafter referred to as the Store) is run by PROMLIFT SP. z o.o. with its registered office in Bydgoszcz, at ul. Plac Kościeleckich 3, 85-033 Bydgoszcz, entered into the National Court Register kept by the District Court in Bydgoszcz, 13th Commercial Division of the National Court Register under KRS number: 0000541254; REGON [statistical number]: 360389045; VAT identification number: 9532646546, share capital in the amount of PLN 65,000.00, paid in full (hereinafter referred to as the Seller).
Definitions:
- WORKING DAY – one day from Monday to Friday, excluding public holidays.
- REGISTRATION FORM – a form available in the Store that allows you to create an Account.
- ORDER FORM – Electronic Service, an interactive form available in the Store that allows you to place an Order, including adding Goods to the electronic Cart and defining the specific terms of the Sales Agreement, such as: method of delivery and payment.
- CUSTOMER – (1) any natural person with full legal capacity; (2) legal entity; (3) an organizational unit that is not a legal entity, which has been granted legal capacity by a separate act; who places or intends to place an Order for the movable things presented in the Store, which are the subject of the Sales Agreement.
- CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws of 2014, item 121, as amended)
- CONSUMER – a natural person who, together with the entrepreneur, performs a legal transaction not directly related to its business or professional activity.
- ACCOUNT – Electronic Service, a set of resources in the Service Provider's ICT system, in which the data provided by the Service Recipient and information about the Orders placed by him in the Store are collected, marked with an individual name (login) and password provided by the Service Recipient.
- CART – a service made available to every Customer who uses the Store, which allows him to easily place an Order for one or more Goods.
- TERMS AND CONDITIONS – these terms and conditions of the Store.
- STORE – the Service Provider's online store available at the internet address: www.shop.promlift.gogki.com.
- SELLER, SERVICE PROVIDER – PROMLIFT Sp. z o.o., with its registered office in Bydgoszcz, at ul. Plac Kościeleckich 3, 85-033 Bydgoszcz
- GOODS – a movable thing available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
- SALES AGREEMENT – an agreement for the sale of the Goods concluded between the Customer and the Seller via the Store.
- ELECTRONIC SERVICE – a service provided by electronic means by the Service Provider to the Service Recipient via the Store.
- SERVICE RECIPIENT – (1) any natural person with full legal capacity; (2) legal entity; (3) an organizational unit that is not a legal entity, which has been granted legal capacity by a separate act; who uses or intends to use the Electronic Service.
- CONSUMER RIGHTS ACT – the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
- ORDER – Customer's declaration of intent submitted via the Order Form and aimed directly at concluding the Goods Sales Agreement with the Seller.
These Terms and Conditions (hereinafter referred to as the Terms and Conditions) are intended both for consumers and entrepreneurs using the Store (with the exception of Section 8. of the Terms and Conditions, which is addressed only to customers who are not consumers and except for the provisions, the content of which shows that they apply only for Customers who are Consumers or only for Customers who are not Consumers).
These Terms and Conditions define the rules for concluding Goods sales agreements between the Customers and the Seller, using the means of distance communication and the rules for using the Store's website by Customers, in particular the Customer's account.
In terms of the services provided by electronic means, the Terms and Conditions are the terms and conditions referred to in Art. 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
Provision of electronic services by the Seller - making it possible to place an order for Goods available in the Store by electronic means and maintaining the Customer's account - is free of charge.
The store cares about the observance of consumer rights and therefore the consumer cannot waive the rights granted to him in the Consumer Rights Act. The provisions of the agreements less favorable to the consumer than the provisions of the Consumer Rights Act are by virtue of law void, and in their place the relevant provisions of the Consumer Rights Act shall apply. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of Customers who are Consumers, granted to them under applicable law, and any possible doubts are resolved in favor of the Customer who is a Consumer. In the event of an unintentional non-compliance of the provisions of the Terms and Conditions with these provisions, the provisions of law shall prevail and the Seller shall comply with them.
The agreement consisting in creating and maintaining a Customer's account in the Store is concluded for an indefinite period.
Customers can purchase the Goods via the Store, regardless of whether they have created an account. The Customer who wants to register should provide the following data: First name and last name, address, code, city, telephone number and e-mail address, and NIP (tax identification number) in the case of customers who are not consumers. In order to create an account, select the appropriate box: Create account.

The Customer is obliged to use the store in a manner consistent with the law and principles of morality, with a view to respecting the personal rights and intellectual property rights of third parties.
The Seller may deprive the Customer of the right to use the Store in the event of breach of the obligations referred to in Section 1. point 10. of the Terms and Conditions or if the Customer provides false information (when registering an account or placing an order).
All information on the Store's website relating to the products (including prices) shall not constitute a commercial offer within the meaning of Art. 66 of the Civil Code, but the invitation to conclude an agreement specified in Art. 71 of the Civil Code.
Information about the price provided on the Store's website is binding after the Customer receives an e-mail about the acceptance of the order for execution, referred to in Section 2. point 13 of the Terms and Conditions. After accepting the order for execution, this price will not change, regardless of price changes in the Store, which may occur with regard to individual Goods.
In order to use the Store's services, the Customer must meet the following technical requirements:
1. Have access to a computer, laptop or other multimedia device with Internet access;
2. Have access to electronic mail;
3. Use the appropriate web browser. The browsers recommended by the Seller are: Mozilla Firefox, Microsoft Edge, Google Chrome and Opera;
4. Enable cookies and javascript in your web browser (if it is not set as default).

The Terms and Conditions are addressed to all Customers of the Store. The Customer is obliged to comply with all the provisions of the Terms and Conditions, whereas part of the provisions of the Terms and Conditions, when clearly indicated, is addressed to customers who are consumers or who are not consumers. The sale takes place on the basis of the version of these Terms and Conditions, in force at the time of placing the order. The terms and conditions may be changed after prior notification of the scope of the envisaged changes to the terms and conditions, strictly defined in Section 10 of these terms and conditions in point 5.
Orders placed during the validity of the previous version of the terms and conditions will be implemented in accordance with its provisions. If the Customer does not agree to the changes to the Terms and Conditions, he may delete his account.
The Customer is obliged to use the Store in a manner consistent with the provisions of law in force in the territory of the Republic of Poland, the provisions of these Terms and Conditions and the general principles of using the Internet.

Section 2.
Placing orders

The condition for the successful placement of an order is to provide accurate address details by the Customer and indicate the telephone number or e-mail address at which it will be possible to contact on the part of the Seller.
The information provided when registering the Customer's account and when ordering the Goods should be complete, truthful and up-to-date. The Seller may contact the Customer with the provided address details in order to confirm that the data is up-to-date, in particular the address details provided in the order.
Orders for goods available in the Store can be placed via:
1. Store website;
2. Electronic mail to the following address: biuro@promlift.com;
3. By phone: (+48) 533 303 099 or (+48) 693 020 671
Effective placing of an order via the Store's website is possible only if the Goods selected by the Customer is available in the Seller's warehouse. Information about availability can be found on the subpage related to the specific Goods. In the case of orders placed by phone, via e-mail, when the Product selected by the Customer is not available in the Seller's warehouse, the Seller may provide information on the expected availability of the Goods sought and agree with the Customer the approximate time of order execution. For very remote availability time, point 3.3. of Section 4. of the Terms and Conditions may apply. In a situation where the Seller cannot perform a service with the properties individually ordered by the Customer due to the temporary inability to perform it, the Seller may, with the Customer's consent, perform a substitute service corresponding to the same quality and purpose and for the same price or remuneration or in a different manner agreed by the parties. In the case of Customers who are not consumers, the Seller may also cancel the order without the consent of the Customer who is not consumer.
In the event of ineffective order placement, resulting from the inconsistency of the information provided on the website with the actual stock of the Seller, the Customer is informed about this fact and has the option of changing the Order in whole or in part. The Customer may also be offered an extension of the Order completion time. In the event of inability to perform the Order, due to the unavailability of the selected Goods, the order will be fully or partially canceled, about which the Customer will receive information by e-mail to the e-mail address provided by him or, for faster information, by phone to the telephone number provided by the Customer. The payment made by the Customer for the ordered Goods which cannot be delivered will be returned by the Seller within 7 days from the date of effective informing the Customer about the inability to complete the order.
Placing an order by e-mail or via the Store's website is possible 24 hours a day, 7 days a week.
Placing an order by phone is possible on working days, from Monday to Friday from 8:00 am to 4:00 pm.
If the Customer has an account in the Store, the order is placed by logging in to the Store's website, adding the Goods to the Cart and confirming the will to place the Order and clicking the "ORDER AND PAY" button.
If the Customer does not have an account in the Store, the condition for placing an Order via the Store's website is to add the Goods to the Cart, provide all the required data necessary to ship the Goods and issue a sales document, and take other technical steps based on the messages or information displayed to the Customer: in order to confirm the will to place an order, click the "ORDER AND PAY" button and additionally click the link sent to the Customer's e-mail address.

If the Customer wants to receive a VAT invoice documenting the sale, he must provide the tax identification number (NIP) when placing an order.
Placing an Order by the Customer constitutes the Customer's offer submitted to the Seller regarding the conclusion of the Sales Agreement, in accordance with the Terms and Conditions.
A Customer who has an Account in the Store has the ability to track the status of their Orders on the Store's website.
After sending the Order, the Customer first receives an automatic confirmation of the offer (Order) to the e-mail address provided by him (Order status on the Customer's account: "Pending"), and then information about the acceptance of the offer (Order) for execution (Order status on the Customer's account: "In progress"). After receiving information about the acceptance of the Order for execution, the Sales Agreement for the Goods ordered by the Customer is concluded.
The Seller may additionally confirm the Order by phone in the event of problems with the confirmation of placing the Order by electronic means or in the cases referred to in section 2. point 2. of the Terms and Conditions.
Orders which cannot be confirmed within two consecutive working days will not be realized.
The Customer has the right to cancel the Order before receiving the information from the Seller about the acceptance of the order (Order status on the Customer's account: "In progress"). The placed Order after receiving the above-mentioned information cannot be canceled. The declaration of intent to resign from the Order should be submitted to the Seller by e-mail to the following address: biuro@promlift.com or by phone: (+48). 533 303 099; 693 020 671

Section 3.
Goods prices and payment

All prices of the Goods posted on the Store's website:
1. Are given in Polish zlotys.
2. Include VAT.
3. Do not contain information on delivery costs.
The price of each Goods is binding from the moment the Customer receives information about the acceptance of the Order for execution.
The Customer has the right to choose the method of payment for the ordered Goods:
1. By bank transfer before delivery (prepayment to the account).
If the Customer chooses the payment method in the form of a prepayment, failure to receive the payment to the Seller's account within 7 days from the date of acceptance of the Order for execution will result in the cancellation of the Order. Payments via bank transfer should be made to the Seller's bank account:
1. Bank account owner: PROMLIFT Sp. z o.o. (ul. Plac Kościeleckich 3, 85-033 Bydgoszcz)
2. Bank: mBank S.A.
3. Account number in PLN: 18 1140 1052 0000 3698 7800 1001

On the transfer order (or on a postal form), please provide the number and date of the order (this number is displayed when accepting the Order), provide the name of the ordering person/institution and add the note "Internet order". Due to the long booking of payments and difficulties with a return transfer, we do not recommend payment by traditional transfer, i.e. at the post office, via postal agencies or at a bank branch.

The Seller reserves the right to change the prices of the Goods, to carry out and cancel promotional campaigns and sales, or to introduce changes to them. The above entitlement does not affect the prices of the Goods in orders, the implementation of which began before the effective date of the changes in the price, conditions of promotional campaigns or sales. The above changes also do not apply to orders accepted for execution.
The Seller reserves the right to grant to and receive individual discounts and discount codes from the Customers for the ordered Goods. Discounts and discount codes are assigned to the Customer's account. In the case of discounts, the price of each Goods after logging in to the Store, and thus the final price (excluding shipping costs), is reduced by the discount granted (%). In the case of discount codes, when placing the Order, you must enter the above-mentioned code each time - the final price (calculated without shipping costs) will be reduced by the value (%) of the discount code. Granting a discount/discount code and its amount (calculated in %) depends not only on the amount of the Orders made, but also on the frequency of their placing. The above right does not affect the prices of the Goods in the Orders, the implementation of which began before the effective date of the change of the discount/granting the discount code.
In the case of the Orders placed by phone or via e-mail, the amount of the discount granted to the Customer depends on the amount of the Orders made, their frequency and duration of the Order.
Promotions and discounts in the Store cannot be combined, unless the promotion terms and conditions provide otherwise.
If the delivery option is selected, the cost of courier delivery in the amount specified on the store's website is added to the Order. The given amounts are net amounts. Information about the cost of delivery can be found in the summary of the costs of the Order.

Section 4.
Order fulfillment

After the Customer receives confirmation of the acceptance of his offer (acceptance of the Order for execution), the process of the Order execution by the Seller begins.
The Order is processed and the Goods are dispatched (shipped) on the date specified in the order confirmation. This period may be extended only in the case of:
1. The method of payment chosen by the Customer - if the option of prepayment to the account is selected, the completion of the Order (shipment of the Goods) takes place after the payment for the Goods and delivery is credited to the Seller's account.
2. Unavailability of Goods - while the effective placement of the Order via the Store's website is possible only if the Goods selected by the Customer are available in the Seller's warehouse, in the case of the Orders placed by phone or via e-mail, if the Goods are not available, the Customer may be offered to extend the Order fulfillment time. The Seller orders and brings the Goods needed by the Customer from the warehouse of the appropriate manufacturer.
3. According to the wording of Art. 12 point 2 of the Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous product, if the entrepreneur cannot perform the service due to the fact that the subject of the service is unavailable, he is obliged to notify the consumer immediately, but no later than within thirty days, and to return the entire sum of money received from him.
The cost of shipping the Goods is borne by the Customer and is added to the price for the selected Goods.
The Goods are delivered to the address indicated, by the shipping company in Poland.
It is recommended that the Customer who is a Consumer, if possible, checks the condition of the Goods after delivery and in the presence of the representative of the entity performing the delivery (courier, postal operator, etc.), and if any damage to the Goods is found, he should write an appropriate report. The verification of the consignment will facilitate and speed up the pursuit of any claims from the entity responsible in the event of mechanical damage to the consignment during transport. In such situations, it is recommended that the Customer who is a Consumer contact the Seller as soon as possible by phone: (+48) 533 303 099 or by e-mail: biuro@promlift.com and draw up a damage report together with a representative of the entity performing the delivery as well as send a copy of the damage report to the Seller.
A Customer who is not a Consumer within the meaning of Art. 22¹ of the Civil Code is obliged to check the condition of the Goods upon delivery and in the presence of a representative of the entity performing the delivery (courier, postal operator, etc.). In the event of mechanical damage to the consignment caused during transport, the customer should write a damage report together with the representative of the entity performing the delivery and immediately contact the Seller by phone:(+48) 533 303 099 or by e-mail: biuro@promlift.com office@shop.promstahl.com by sending a copy of the damage report. If the damage report is not drawn up and sent to the Seller in accordance with the previous sentence, the Customer loses the right to pursue claims for mechanical damage to the Goods.
Unloading the Goods from the vehicle and other related activities (such as: bringing into the building, removing packaging, etc.) are the responsibility of the Customer.
Orders are processed in the order in which they are received until stocks are exhausted.
The Seller issues a VAT invoice for all Goods purchased in the Store.

Section 5.

Withdrawal from the Agreement - Goods returns

A Customer who, as a Consumer, has concluded a distance agreement may, pursuant to Art. 27 of the Act on consumer rights, withdraw from it, without giving a reason and without incurring costs, except for the costs specified in Art. 33, 34 sec. 2 and 35 of the Act on consumer rights, by submitting an appropriate statement in writing within 14 (fourteen) days from the date of delivery of the subject of the agreement to him. To meet this deadline, it is enough to send a statement before its expiry. The statement may be sent by e-mail to the following address: biuro@promlift.comor in writing to the following address (PROMLIFT Sp.z o.o., Plac Kościeleckich 3, 85-033 Bydgoszcz).
The period for withdrawal from the agreement begins:
1. for the agreement, in the performance of which the Seller issues the Goods, being obliged to transfer his ownership (e.g. Sales Agreement) – from taking possession of the Goods by the Consumer or a third party designated by him other than the carrier, and in the case of an agreement that includes many Goods which are delivered separately, in batches or in parts – from taking possession of the last Good, batch or part;
2. for other agreements with the Consumer – from the date of conclusion of the agreement.
Along with the statement referred to in point 1, the Customer is also asked to provide information about the current bank account number to which the reimbursement should be made.
The Seller confirms to the Consumer its receipt immediately after receiving the statement of withdrawal from the agreement. Such confirmation is sent to the e-mail address provided in the Order or indicated as the contact address on the submitted statement of withdrawal from the agreement.
In the event of withdrawal from the Agreement referred to in point 1, the Agreement is considered not concluded.
The Consumer is obliged to return the Good or Goods immediately, no later than within 14 calendar days from the date on which he withdrew from the Agreement, to the address of the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller offered to collect the Good or Goods himself.
The Consumer returns the subject or subjects of the Agreement from which he withdrew at his own risk and expense.
The Consumer is responsible for reducing the value of the Good or Goods being the subject of the Agreement, following the use of the Good or Goods in a way that goes beyond the ordinary use of the Goods, in order to determine the characteristics, functionality and nature of the Goods.
The Seller shall immediately, not later than within 14 calendar days from the date of receipt of the statement of withdrawal from the Agreement by the Consumer, return to the Consumer all payments made by him, including the cost of delivering the Goods, with the proviso that:
1. The Seller shall reimburse the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of reimbursement, which does not entail any costs for him;
2. if the Consumer chooses a method of delivery of the Goods other than the cheapest, standard delivery method offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by the Consumer;
3. The Consumer is responsible for reducing the value of the Goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functionality as referred to in point 8 above;
4. if the Seller has not offered to collect the returned Goods from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until he receives the Goods back or until the Consumer provides proof of its return, whichever occurs first;

In the event of withdrawal from a distance agreement for services commenced with the consent of the Consumer, the Consumer - before the expiry of the withdrawal period - is obliged to pay for the services provided until the withdrawal from the agreement. The amount of the payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the Agreement. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
The Consumer does not bear the costs of providing digital content that is not stored on a tangible medium, if he did not consent to the performance of the service before the deadline to withdraw from the Agreement or was not informed about the loss of his right to withdraw from the Agreement at the time of granting such consent or the entrepreneur has not provided confirmation in accordance with Art. 15 sec. 1 and Art. 21 sec. 1 of the Act on consumer rights.
In the cases specified in Art. 38 of the Act on consumer rights, the Consumer is not entitled to withdraw from the Agreement.
The Seller and the Customer may withdraw from the agreement for the provision of a service consisting in maintaining the Customer's account at any time by mutual agreement between the Parties.
The Customer may terminate the agreement for the provision of the service consisting in maintaining the Customer's account with immediate effect and without giving a reason, by sending a relevant statement by e-mail to the following address: biuro@promlift.comor by registered mail to the Seller's address.
The Seller may terminate the agreement for the provision of a service consisting in maintaining the Customer's account in the event that the Customer violates the Terms and Conditions, in accordance with section 1. point 8. of the Terms and Conditions, and in particular when he provides illegal content. The agreement then expires after a 7-day notice period.

Section 6.

Complaints – warranty and guarantee

In the case of agreements concluded with Customers who are Consumers within the meaning of Art. 22¹ of the Civil Code, the Seller is liable to the Consumer in accordance with Art. 556 and subsequent of the Civil Code for physical or legal defects (warranty for defects).
In the case of agreements concluded with Customers who are Consumers, the Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the item to the Consumer, and if the subject of the sale is a used item, within one year from the date of delivery of the item to the Consumer.
The Consumer's claim for the removal of the defect or replacement of the item sold for one free from defects expires after one year from the date of finding the defect, but not earlier than two years from the date of delivery of the item to the Consumer, and if the subject of sale is a used item, before one year from the date of delivery of the item to the Consumer.
If the use-by date specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of this item found before that date.
A physical defect consists in the non-compliance of the item sold with the Agreement. In particular, the item sold is inconsistent with the Agreement if:
1. does not have properties that this kind of item should have, due to the purpose specified in the Agreement or resulting from circumstances or destination;
2. does not have properties that the Seller has provided to the Customer, including by presenting a sample or pattern;
3. is not suitable for the purpose of which the Customer informed the Seller at the conclusion of the Agreement, and the Seller did not raise any objections to such intended use;
4. was delivered to the Customer incomplete.
Equally with the Seller's assurances are the public assurances of the manufacturer or his representative, the person who places the item on the market in the scope of his business activity, and the person who, by placing on the item sold his name, trademark or other distinctive sign, presents himself as producer.
The Seller is released from the liability specified in point 5.3. only if:
1. proves that he did not know these assurances or, judging reasonably, could not know them;
2. proves that the assurances could not have influenced the Consumer's decision;
3. the content of the assurances was corrected before concluding the Agreement with the Seller.
The item sold has a physical defect also in the event of improper installation and commissioning, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by the Customer who followed the instructions received from the Seller.
In the case of an Agreement with a Consumer, if a physical defect has been found within one year from the date of delivery of the item, it is assumed that it existed at the time the danger passed on to the Consumer. In the event of a defect after one year from the date of delivery of the item, the obligation to prove that the defect existed in the product at the time of purchase is borne by the Consumer.

The Consumer, if the item sold has a defect, may:
1. submit a statement requesting a price reduction;
2. submit a statement of withdrawal from the Agreement;
3. demand replacement of the product with a product free from defects;
4. demand that the defect be removed.
The Consumer may not withdraw from the Agreement if the defect is irrelevant.
The Consumer who exercises the rights under the warranty is obliged to deliver the defective item at the Seller's expense to the Complaint Address, and if, due to the type of the item or the way it was installed, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the place where the item is located. In the event of failure by the Seller to fulfill the obligation, the Consumer is entitled to return the item at the expense and risk of the Seller.
The Seller asks to, in order to facilitate the complaint process, include a description of the non-compliance of the goods with the Agreement.
The Seller will respond to the Consumer's report within 14 (fourteen) days. Otherwise, it shall be deemed that the Seller considered the Consumer's statement or request justified.
The Seller, in the event of the Consumer's request specified in point 10.1. or 10.2., may replace the defective item with the one free from defects or remove the defect, provided that it is done immediately and without undue inconvenience to the Consumer.
However, if the item has already been replaced or repaired by the Seller or the Seller failed to satisfy the obligation to replace the item with the one free from defects or remove the defect, he is not entitled to replace the item or remove the defect.
The Consumer may, instead of the removal of the defect proposed by the Seller, demand that the item be replaced with the one free from defects, or instead of replacing it, demand the removal of defect, unless it is impossible to bring the item into compliance with the Agreement in a manner chosen by the Consumer or it would require excessive costs compared to the method proposed by the Seller. However, when assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would be exposed in case of another way of satisfying his claim.
The Seller may refuse to comply with the Consumer's request if it is impossible to bring the defective item into compliance with the Agreement in the manner chosen by the Consumer or, compared to the second possible way of bringing the item into compliance with the Agreement, requires excessive costs.
In the event of a price reduction, the reduced price should remain in such proportion to the price resulting from the Agreement in which the value of the defective item remains to the value of the item without a defect.
The Seller is obliged to replace the defective item with the one free from defects or remove the defect within a reasonable time without undue inconvenience to the Consumer.
When the defective item has been installed, the Consumer may request the Seller to disassemble and reinstall it after replacing it with the one free from defects or remove the defect. If the Seller fails to fulfill this obligation, the Consumer is entitled to perform these operations at the expense and risk of the Seller.
The Seller may refuse to disassemble and reinstall if the cost of these operations exceeds the price of the item sold.
The Consumer, in the case described above, may request the Seller to disassemble and reinstall, however, he is obliged to bear part of the costs related to it in the amount exceeding the price of the item sold, or may require the Seller to pay part of the costs of disassembly and reinstallation, up to the price of the item sold.
In the case of agreements concluded with Customers who are not also Consumers within the meaning of Art. 22¹ of the Civil Code, pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty is excluded.
In accordance with the deadlines indicated in points 2, 3 and 4 of this section of the Terms and Conditions, the Consumer may submit a statement of withdrawal from the Agreement or price reduction due to a physical defect of the item sold, and if the Consumer requested replacement of the item with the one free from defect or removal of the defect, the deadline for submitting a statement of withdrawal from the Agreement or price reduction begins with the ineffective expiry of the deadline for replacing the item or removing the defect.
In the event of pursuing one of the rights under the warranty before a court or an arbitration court, the time limit for exercising other rights, provided for by the Act, due to the Consumer in this respect is suspended until the final conclusion of the proceedings in this case. Accordingly, these rules also apply to mediation proceedings, and the time limit for the exercise of other warranty rights due to the Consumer begins to run from the date of the court refusing to approve the settlement concluded before the mediator or the unsuccessful completion of the mediation.
The period for exercising the rights under the warranty for legal defects of the item sold starts from the day on which the Consumer learned about the defect, and if the Consumer learned about the defect only as a result of an action by a third party - from the date on which the ruling or other decision of the authority issued in a dispute with a third party becomes final.
If, due to a defect in the item sold, the Consumer submitted a statement of withdrawal from the Agreement or price reduction, he may demand compensation for the damage he suffered because he concluded the Agreement without knowing about the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible and in particular, he may demand reimbursement of the costs of concluding the Agreement, the costs of collecting, transporting, storing and insuring goods, reimbursement of expenditure to the extent to which he benefited from them and did not receive their reimbursement from a third party and the costs of the process.
The above is without prejudice to generally applicable regulations on the obligation to repair the damage on general terms.
If the defect is concealed by the Seller, the expiry of the period does not exclude the rights under the warranty.
Complaint related to the provision of electronic services by the Seller may be submitted by e-mail to the following address: biuro@promlift.com or by registered mail to the address of the Seller.
In the warranty claim, related to the provision of electronic services, it is recommended to provide as much information as possible regarding the subject of the complaint, including the type and time of occurrence of the irregularity, which will facilitate and speed up the consideration of the complaint by the Seller.
Consideration of a complaint related to the provision of electronic services takes place within no more than 14 days. The answer is sent to the Customer to the e-mail address provided in the warranty claim or in another way provided by the Customer. If the Customer does not receive the information within the indicated period, it is considered that the complaint has been accepted.
Regardless of the above provisions, in the case of Customers who are and are not Consumers, the Manufacturer's Guarantee may be granted for the Goods sold under the conditions specified in the Manufacturer's Guarantee Card attached to the Goods.

Section 7.

Out-of-court complaint and redress procedures and rules of access to these procedures

The use of out-of-court complaint and redress procedures is voluntary. The following provisions are provided for information purposes and do not constitute an obligation of the Seller to use them. If, as a result of the complaint submitted by the consumer, the dispute has not been resolved, the Seller provides the consumer on paper or another durable medium with a declaration of the intention to apply for the initiation of proceedings for out-of-court resolution of consumer disputes or consent to participate in such proceedings or refusal to participate in such proceedings for out-of-court resolution of consumer disputes.
Detailed information on the possibility for the Customer who is a Consumer to use out-of-court complaint and redress procedures as well as the rules of access to these procedures are available on the UOKiK [Office for Competition and Consumer Protection] website at: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
At the address: http.//ec.europa.eu/consumer/Odr there is a platform for online dispute resolution between consumers and entrepreneurs at the EU level (the so-called ODR platform). The ODR platform is a website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding a sales agreement or a services agreement concluded via the Internet.

Section 8.

Provisions relating to non-consumer Customers

This section of the Terms and Conditions and the provisions contained therein apply only to Customers and Service Recipients who are not Consumers.
The Seller reserves the right to adjust the price applicable at the time of delivery of the ordered Goods in the event of changes in customs or tax rates, changes in other public law liabilities related to the execution of the order, currency fluctuations, sudden increases in fuel or raw material prices, after prior sending the changes to the terms of the order fulfillment to the Customer.
The Seller reserves the right to change the price if the Customer changes the terms of the order after the conclusion of the agreement (e.g. delivery date, place of delivery, equipment).
The Seller reserves the right to change the date for completing the Order for reasons independent of the Seller.
The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a Consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not result in any claims against the Seller on the part of the Customer who is not a Consumer.
In the case of Customers who are not Consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.
Upon the release of the Goods by the Seller to the carrier, the benefits and burdens related to the Goods and the risk of accidental loss or damage to the Goods are transferred to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for any loss, defect or damage to the Goods arising from the moment of receipt to transportation until its delivery to the Customer and for delay in transporting the consignment.
Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Goods towards the Customer who is not a Consumer is excluded, i.e. the Customer who is not a Consumer may not rely on the provisions of the Terms and Conditions regarding the right to withdraw from the agreement.
In the case of Customers who are not Consumers, the Service Provider may terminate the Electronic Service Agreement with immediate effect and without giving reasons by sending an appropriate statement to the Service Recipient.

The liability of the Seller/Service Provider towards the Customer/Service Recipient who is not a Consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the amount of the price paid and delivery costs under the Sales Agreement, but not more than up to the amount of one thousand zlotys. The Seller/Service Provider is liable to the Customer/Service Recipient who is not a Consumer only for typical damages predictable at the time of concluding the Sales Agreement and is not liable for indirect damages and lost profits in relation to the Customer/Service Recipient who is not a Consumer.

Section 9.
Personal Copyrights

All materials contained on the Store's website and located in the server layer, including product descriptions, in particular product photos, belong to the Seller and are subject to copyright protection in accordance with the Act of February 4, 1994 on Copyrights and Related Rights. (Journal of Laws of 1994, No. 24, item 83)
Any copying, duplicating, sharing and editing of the materials contained in Section 9. point 1, without the consent of the Seller, is prohibited.

Section 10.

Personal data

Each person, acting on his own behalf or on behalf of a Customer, who uses the Store acknowledges that:

The Data Controller of his personal data provided in connection with the use of the Store is PROMLIFT Sp. z o.o. (85-033) at ul. Plac Kościeleckich 3, hereinafter referred to as the: "Data Controller". That person may contact the Data Controller by writing to the following address: rodo@projprzem.com.
The legal basis for the processing of his data is:
1. An agreement between that person and the Data Controller – to the extent that, in order to perform it, the processing of that person's data is necessary;
2. legal obligation – to the extent to which the processing of that person's data is necessary to fulfill the legal obligation incumbent on the Data Controller;
3. the Data Controller's legitimate interest (direct marketing of the Data Controller's products and services, fraud prevention or investigation and defense of claims) – to the extent that the processing of that person's data is necessary for the implementation of the above-mentioned legitimate interests of the Data Controller;
4. in the event of additional consent to the processing of personal data, the legal basis for the processing of that person's personal data in the scope determined by the consent, will also be consent to the processing of data.
Providing personal data is not obligatory, however failure to do so will make the conclusion and performance of the Agreement impossible. Expressing or not providing additional consent to the processing of personal data by that person for purposes other than those related to the implementation of the Agreement, will not affect the performance of the Agreement.
The data of that person will be kept for no longer than necessary, i.e. depending on the purpose of their processing:
1. conclusion and performance of the Agreement between that person and the data controller – for the duration of the agreement and settlements after its completion and for the duration of the warranty period for defects;
2. fulfillment of the Data Controller's legal obligation: for the duration of the Data Controller's obligations; for the period in which the regulations require the Data Controller to store data (e.g. tax); or for the period in which he may incur legal consequences of non-performance, e.g. receive a financial penalty from state offices;
3. purposes resulting from legitimate interests pursued by the Data Controller: direct marketing – for the duration of the Agreement; fraud prevention – for the duration of proceedings before competent authorities; investigation and defense of claims – for the period in which the claims are time-barred.
4. if the Data Controller processes that person's personal data on the basis of that person's consent to certain ways of using the data, that person's data will be processed during the period indicated when obtaining the consent, and in the absence of such indication – until that person withdraws the consent.
That person's personal data will be processed only for the purposes indicated in point 4 above. If that person gives additional consent to the processing of personal data, that person's data will also be processed for the purposes indicated in that person's declaration of consent.
The Data Controller may transfer that person's data to recipients involved in:
1. the service of IT systems and hardware used by the Data Controller;
2. the provision of advisory, marketing, consulting, auditing, legal, tax and accounting services to the Data Controller, acting on behalf of the Data Controller;
3. the acquisition or collection of debts – in the event of failure by that person to pay the amounts due to the Data Controller on time;
4. the provision of postal or courier services.
The Data Controller does not intend to transfer that person's data to a third country or to international organizations.
To the extent provided for by generally applicable regulations, that person has the right to request the Data Controller to access that person's data, rectify, transfer and delete it, as well as the right to limit data processing.
If that person additionally grants consent to the processing of data for purposes other than those related to the implementation of the Agreement and to take the necessary actions before the conclusion of the Agreement, the consent may be withdrawn by that person at any time.

In connection with the processing of that person's personal data by the Data Controller, that person has the right to lodge a complaint with the supervisory authority within the scope provided for by generally applicable regulations.
Based on that person's personal data, the Data Controller will not make automated decisions with about that person, including decisions resulting from profiling.

Section 11.
Final Provisions

Agreements concluded via the Store are in Polish.
In matters not covered by these Terms and Conditions, the relevant provisions of Polish law shall apply, in particular: of the Civil Code, the Act on consumer rights, the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended).
Any disputes arising between the Seller and the Customer, who is also a consumer, within the meaning of the Civil Code, in Art. 22¹ are submitted to the competent common courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).
Any disputes arising between the Seller and the Customer, who is not a consumer at the same time, within the meaning of the Civil Code, in Art. 22¹ are submitted to the court having jurisdiction over the seat of the Seller.
The Seller reserves the right to make changes to the content of the Terms and Conditions only for an important reason, along with the date of entry into force of an amendment to the Terms and Conditions, however not shorter than 14 days from the date of publication on the Store's website. In the event of an amendment to the Terms and Conditions, orders placed before the date of amendments to these Terms and Conditions shall be implemented on the basis of the rules in force before the amendments.
PROMLIFT Sp. z o.o. is a large enterprise within the meaning of Appendix I to the Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (Official Journal of the European Union L 187 26 June 2014, p. 1, as amended).
These Terms and Conditions are valid from 01/09/2020.