Table of contents
§ 1 General Provisions
§ 2 Provision of services by electronic means
§ 3 Conclusion of a sales contract
§ 4 Payment, delivery, receipt of goods
§ 5 Personal data
§ 6 Complaints
§ 7 Withdrawal from the contract
§ 8 Additional information
§1 General provisions:
1.1 These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) define the rules of use of the Internet Shop www.cad.sklep.pl by the Customers and regulate in particular:
- conditions of concluding and performing sales contracts;
- conditions for the provision of services by electronic means;
- the principle of exercising the right to withdraw from the contract by the Consumers without giving a reason;
- principles and procedure of complaint procedure.
1.2 Definition of terms used in the Regulations:
- Internet shop – Internet shop operating at www.cad.sklep.pl
- Service Provider, Seller, Administrator of data –
- TMSYS sp. z o.o. with its registered office in Kraków, Ciepłownicza 23 street, 31-574 Kraków, NIP: 945-215-21-44, REGON: 121393336 registered by the District Court for Kraków Śródmieście in Kraków, XI Commercial Division of the National Court Register: 0000370855, e-mail firstname.lastname@example.org phone number 12 430 04 16 (standard fee according to the price list of the relevant operator)
- Client – a natural person, legal person or an organizational unit without legal personality, which uses the service provided electronically by the Service Provider, who wants to conclude or has concluded a sales agreement with the Seller;
- Consumer – a natural person performing a legal transaction with an entrepreneur which is not directly related to its business or professional activity;
- Service provided electronically – free of charge service consisting in: maintaining the Client’s account (in the case of registered Clients), making the order form available to the Clients (in the case of placing orders by unregistered Clients). In case of doubt, all activities which the Service Provider will perform in order to properly handle the processes specified in the first sentence shall also be considered as services provided by electronic means;
- Registration – creation of a Client’s Account in the system of the Internet Shop. In order to register, a registration form should be filled in. Correct completion of the registration form will result in the Seller’s system sending an automatic e-mail message informing about the activation of the Account.
- Price – the price that a customer of the shop will be obliged to pay for selected products in case of concluding a contract of sale. The price can be expressed in the following currencies: Polish zloty (PLN). The given price is the gross price (including necessary VAT). Prices in the online store do not include shipping costs, which are indicated in the traction of placing an order in the store. The Seller guarantees that the price indicated in the course of placing an order will not change during the performance of the contract of sale concluded on the basis of the order.
1.3 Electronic correspondence concerning the Online Shop’s activity should be sent to the following e-mail address
email@example.com and traditional (postal) correspondence should be sent to the address:
TMSYS sp. z o.o., Ciepłownicza 23 street, 31-574 Kraków
1.4 A Client of the Online Store may be a natural person, a legal person or an organizational unit without legal personality, who uses the service provided electronically by the Service Provider, who wants to conclude or has concluded a contract of sale with the Seller.
1.5 Prices in the Internet Shop are expressed in Polish zlotys and include VAT (gross prices). The prices do not include any shipping costs, which depend on the method of payment and delivery chosen by the Customer. The Customer is informed about the costs of Delivery when placing an Order.
1.6 If it has not been clearly indicated in the commercial information, the goods available in the Online Shop are new, and the entity responsible for their possible physical and legal defects is TMSYS sp. z o.o. with its registered office in Kraków, Ciepłownicza 23 street, 31-574 Kraków, NIP: 945-215-21-44, REGON: 121393336, registered by the District Court for Kraków Śródmieście in Kraków, XI Commercial Division of the National Court Register: 0000370855.
§ 2 Provision of electronic services:
2.1 Within the framework of operating the Internet Shop, the Service Provider undertakes to provide services by electronic means within the scope and under the conditions specified in these Regulations.
2.2 The provision of Services by the Service Provider by electronic means is free of charge.
2.3 Terms and conditions of providing Services by electronic means:
2.3.1. Service of the Client’s Account:
The agreement for the provision of Services by electronic means consisting in maintaining the Client’s Account in the Internet Shop is concluded at the moment of registration.
In order to register, it is necessary to provide an e-mail address in the registration form. Other personal data may be provided at any time for the customer.
The Customer who has registered has access to additional options available through the Customer Account, such as the possibility of receiving information about new products and promotions (if he checked the “Subscribe to the Newsletter” option).
Agreements for the provision of Services by electronic means consisting in maintaining an Account shall be concluded for an indefinite period of time.
2.3.2. Interactive service form:
An agreement for the provision of a Service by electronic means consisting in making available an interactive form enabling placing an Order in the Internet Shop is concluded at the moment of starting to use the above Service (adding a Product to the shopping cart).
An agreement for the provision of a Service by electronic means consisting in making available an interactive form enabling placing an Order in the Online Shop is concluded for a definite period of time and is terminated at the moment of placing an Order.
2.4 Conditions for the termination of agreements for the provision of Services by electronic means:
2.4.1. The Client shall have the right to terminate the contract for the provision of electronic services of a continuous nature by the Service Provider at any time (e.g. removal of the Client’s Account). Termination of the contract takes place without incurring any additional costs and without stating the reasons:
22.214.171.124. The agreement may be terminated by sending an appropriate statement to the e-mail address firstname.lastname@example.org or in writing to the Service Provider’s address (indicated in the introduction to these Regulations).
126.96.36.199 In such a case, the Agreement shall expire 7 days after the Service Provider receives a notice of termination.
2.4.2. The Service Provider has the right to terminate the agreement for the provision of electronic services with 7 days’ notice in the event that the Client provides illegal content.
2.4.3. Termination and termination of the agreement shall not result in the loss of rights already acquired by the Customers using the Seller’s Online Store.
2.4.4. The consumer has the right to withdraw from the contract for the provision of electronic services within 14 days from its conclusion (see § 7 of the Regulations).
§3 Conclusion of a sales contract
3.1 The customer can choose between the following ways of placing an order:
a) placing an order after prior registration in the Online Shop system;
b) placing an order without registration of the so-called “quick shopping”;
3.2 Placing an order by registered Customers of the Online Shop consists in adding appropriate goods to the online shopping cart. If all items of interest to us are in the shopping cart, you should place an order for this purpose, follow the instructions displayed by the shop system.
3.3 If you choose “fast shopping”, you must follow the instructions displayed by the shop system. (point 3.1.b) of the Terms and Conditions), after selecting a product, click the “add to cart” icon, then you can continue shopping or click the virtual cart icon and make a purchase. In order to place an order, the Customer will be asked to complete their contact details, billing or invoice data and shipping data. Then the customer is asked to choose the delivery method and payment method. After confirming the order, a summary of the order data is displayed.
3.4 In the course of placing orders referred to in point. 3.1 of these terms and conditions, the Customer is obliged to provide data corresponding to the truth.
3.5 When placing an Order, it is necessary to confirm that you have read these terms and conditions.
3.6 The moment of concluding a sales contract shall be the moment of placing an order. Placing an order takes place at the moment of clicking on the “Buy and Pay” button.
3.7 After receipt of an order by the Online Store system, each time an automatic confirmation message will be sent to the e-mail address provided by the Customer (e-mail message entitled Your confirmation of order with ………………………………………………………………………………………………………………………………………………………………………………..
3.8 In the case of commencement of order processing, the Seller shall confirm this fact by a separate e-mail message entitled “Order directed to processing”.
3.9 The Customer may cancel or modify the order placed, in order to do so:
a) contact the Seller by telephone;
b) contact the Seller by e-mail;
3.10. Orders are handled by the Customer Service Department of the Online Store on weekdays, i.e. from Monday to Friday, excluding public holidays, between 8.00 a.m. and 4.00 p.m. The Seller is obliged to: a) contact the Seller by e-mail; b) contact the Seller; c) contact the Seller by e-mail; d) contact the Seller for this purpose; d) contact the Seller; e) contact the Seller; e) contact the Seller; f) contact the Seller by e-mail; f) contact the Seller; f) contact the Seller; f) contact the Seller; g) contact the Seller; g) contact the Seller; g) contact the Seller; g) contact the Seller; g. the Seller shall be sent to the Seller; g. the Seller shall be sent to the Seller; g. the Seller shall be sent to the Seller; h) contact the Seller shall be sent to the Seller by e-mail; g.
§4 Payment, delivery, collection
4.1.1. For the performance of the contract of sale, the Customer is obliged to pay the price of the goods and the cost of shipping as indicated in the order.
4.1.2. The price of individual goods presented in the Online Shop is the gross price expressed in Polish zloty (PLN), including the value added tax due at the applicable rate. However, the prices do not include shipping costs, which will be indicated in the course of placing an order.
4.1.3. Payment shall be made in the form chosen by the Customer:
a) cash – personal collection
(b) non-cash :
– payment by bank transfer to the account of the shop on the basis of a pro forma invoice
– payment through a settlement agent, i.e. PayU S.A. with its registered office in Poznań, 60-324 Poznań, at 90 Marcelińska Street, entered into the Register of Entrepreneurs kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under number 0000274399, with NIP number: 779-23-08-495, with the share capital of PLN 4,000,000 paid in full.
4.1.4. The price for each item is binding at the time of placing an Order by the Customer. This price will not change regardless of price changes in the Online Shop, which may occur in relation to individual goods after the Customer has placed an Order.
4.2.1. Orders placed by customers of the Online Store are completed by the Seller within 2 working days from the date of conclusion of the contract in accordance with §3.6 of the Terms and Conditions. The execution time consists of the time necessary to complete the subject of the order.
4.2.2. The ordered goods shall be shipped exclusively to addresses located in the territory of Poland. In order to place an Order covering shipment abroad, the Seller should be contacted individually.
4.2.3. In the absence of a different agreement, the Seller undertakes to perform the subject of the agreement within a period not longer than thirty days after the Buyer submits a declaration of willingness to conclude the agreement (§ 3.7 of the Regulations).
4.2.4. The delivery time depends on the method of delivery/acceptance of the goods selected by the Customer and should not exceed 7 working days from the moment of concluding a sales contract in accordance with § 3.6 of the Regulations.
4.2.5. The Seller entrusts the delivery of goods to third parties conducting business activity in this scope.
4.3 Receipt of goods (applies only to products shipped as standard)
4.3.1. the Seller informs that the Customers have the right to check the condition of the shipment after its delivery to the place indicated in the order. The Seller shall be entitled to check the condition of the parcel before it is collected from the carrier.
4.3.2. In case when before the delivery it turns out that the parcel has been damaged or has suffered a loss, the carrier is obliged to immediately establish the condition of the parcel and the circumstances of the damage. In most cases, however, the Carrier performs these activities at the request of a person authorised to receive them.
4.3.3. The Seller informs that if, after the delivery of the parcel, the person entitled to receive it notices a loss or damage that cannot be noticed from the outside, he has the right, immediately after disclosure of the damage, but no later than within 7 days from the receipt of the parcel, to demand from the carrier to determine the condition of the parcel.
4.3.4. In case of any problems or doubts, please contact the Seller at the telephone numbers indicated on the Seller’s website.
4.3.5. In case of choosing the option of personal collection, the products can be collected in person at the address: Ciepłownicza 23 street, 31-574 Kraków.
§ 5 Personal data
5.1 Filling in the Order Form shall be tantamount to consent to the processing of the Buyer’s personal data by the Seller and an entity authorised by the Seller to manage the content of the website of which the Online Shop is an integral part. Personal data of the Ordering Party shall be processed in order to complete the order, including the issuance of an invoice and financial reporting. These data are confidential and will not be disclosed to unauthorized persons.
5.2 The administrator of personal data is TMSYS sp. z o.o. with its registered office in Kraków, Ciepłownicza 23 street, 31-574 Kraków, NIP: 945-215-215-21-44, REGON: 121393336 registered by the District Court for Kraków Śródmieście in Kraków, XI Commercial Division of the National Court Register: 0000370855, e-mail email@example.com phone number 12 430 04 16 (standard fee according to the price list of the relevant operator).
5.3 Personal data are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC and will not be transferred, resold or lent to other persons or institutions that are not entitled to do so. Personal data of the Ordering Party shall be made available in order to fulfill the contract of sale of Products covered by these Regulations.
5.4 Access to personal data has only the Administrator, which is the Seller.
§ 6 Complaints
6.1 Complaints concerning the purchased goods:
6.1.1 The Seller shall be liable to the Customer in accordance with the Civil Code of 23 April 1964. (Journal of Laws No. 16, item 93 as amended) and other generally applicable provisions of law.
6.1.2. If the goods purchased by the Customer are inconsistent with the contract or have defects, the Seller shall be notified of this fact and, if necessary, the goods complained about shall be delivered to the Seller at the address:
TMSYS sp. z o.o., Ciepłownicza 23 street, 31-574 Kraków
6.1.3. It is advisable to submit a complaint in writing or by e-mail to firstname.lastname@example.org In order to speed up and facilitate the complaint handling process, it is advisable to send any additional information, such as the order number, date of sale, etc., along with the complaint.
188.8.131.52 The complaint shall be considered immediately, but no later than within 14 days.
184.108.40.206 A response to a complaint shall be sent to the address provided by the Customer or in any other manner indicated by the Customer.
220.127.116.11. The Seller informs that in the case of Products covered by the complaint and the warranty, the entitlement to this should be exercised in accordance with the conditions set out in the warranty card. The guarantee for the Product sold does not exclude, limit or suspend the Customer’s rights under the Seller’s liability within the scope specified by the Civil Code of 23 April 1964. (Journal of Laws No. 16, item 93 as amended)
6.1.4. In order to facilitate the complaint procedure, the Consumer may use the complaint form provided by the Seller.
6.2 Complaints related to the provision of electronic services through the Online Shop:
6.2.1. Complaints related to the provision of electronic services through the Online Store should be submitted to the e-mail address email@example.com or by post to the address of the store:
TMSYS sp. z o.o., Ciepłownicza 23 street, 31-574 Kraków
6.2.2. In order to facilitate and accelerate the processing of a complaint, it is recommended to include in the message referred to in clause 6.2.2. 6.2.1. information such as e-mail address, date and type of occurrence of the irregularity and contact details.
6.2.3. Consideration of a complaint related to the provision of electronic services shall take place immediately, not later than within 14 (fourteen) business days.
6.2.4. A response to a complaint shall be sent to the Customer’s e-mail address or in any other manner provided by the Customer.
§ 7 Withdrawal from the contract
The Seller informs that due to the nature of the sold items (computer programs), the right to withdraw from the contract without giving any reason is limited as follows:
In the case of programs delivered on a durable data carrier – until the opening of the packaging in which the program was delivered;
In the case of programs not recorded on a tangible medium – until the beginning of using the service, i.e. until the time of starting the download;
In each of the above mentioned cases, if the above requirements are met, the return is possible within 14 days.
Otherwise, the following provisions shall apply:
7.1 A customer who is also a consumer within the meaning of Article 22 of the Civil Code of 23 April 1964. (Journal of Laws No. 16, item 93 as amended), who has concluded a remote agreement, may withdraw from it without giving reasons, by making a relevant statement within 14 (fourteen) days. In order to meet this deadline, it is sufficient to send the declaration before its expiry. The declaration can be sent to the following address:
TMSYS sp. z o.o., Ciepłownicza 23 street, 31-574 Kraków
or by e-mail to: firstname.lastname@example.org
7.2 The fourteen-day period within which the Consumer may withdraw from the Sales Agreement or Service Agreement by electronic means shall be counted from the date of delivery of the Product in the case of the Sales Agreement, and if the agreement concerns the provision of the Service by electronic means – from the date of its conclusion.
7.3 The Seller immediately after receiving the statement on withdrawal from the contract sends the Consumer an e-mail confirmation of receipt of the above statement.
7.4 In the case of withdrawal from the contract – the contract of sale or the contract for the provision of Services by electronic means shall be deemed not concluded. What the Parties have provided shall be returned in the unchanged state, unless the change was necessary to determine the nature, features and functioning of the item, or §7.7 of the Regulations shall apply. The return should take place immediately, not later than within 14 (fourteen) days.
7.5 The Seller shall reimburse payments received from the Consumer using the same method of payment used by the Consumer, unless the Consumer expressly agrees to another method of reimbursement which does not involve any costs for the Consumer. The seller may withhold the reimbursement of payments received from the consumer until he has received the goods back or until the consumer has provided evidence of their return, whichever is the earlier.
7.6 The consumer shall only bear the direct costs of returning the goods to the seller.
7.7 If the consumer has chosen a delivery method other than the cheapest normal delivery method offered by the seller, the seller is not obliged to reimburse the consumer for the additional costs incurred by him.
7.8 The consumer shall be liable for any diminished value of the item resulting from its use beyond what is necessary to establish the nature, characteristics and functioning of the item.
7.9 The consumer shall not have the right to withdraw from a distance contract in the event of accidents:
7.9.1. for the provision of services if the trader has performed the service in full with the express consent of the Consumer, who was informed before the commencement of performance that after the performance by the trader will lose the right to withdraw from the contract;
7.9.2. in which the price or remuneration depends on fluctuations in the financial market over which the trader does not exercise control and which may occur before the expiry of the withdrawal period;
7.9.3. which has as its object a non-prefabricated benefit, manufactured to the consumer’s specifications or to meet his personalised needs;
7.9.4 where the subject matter of the service is an item that breaks down quickly or has a short shelf life;
7.9.5. in which the goods are delivered in sealed packaging, which cannot be returned after opening the packaging for health protection reasons or for hygienic reasons if the packaging has been opened after delivery;
7.9.6. in which the object of performance is goods which, after delivery, by their nature, are inseparably combined with other goods;
7.9.7. in which the performance relates to alcoholic beverages the price of which has been agreed upon at the time of conclusion of the contract of sale and which can be delivered only after 30 (thirty) days and the value of which depends on fluctuations in the market over which the trader has no control;
7.9.8. where the consumer has expressly requested the trader to come to him for urgent repair or maintenance; if the trader provides services other than those requested by the consumer or goods other than replacement parts necessary for the performance of the repair or maintenance, the consumer has a right of withdrawal in respect of the additional services or goods;
7.9.9. which has as its object audio or visual recordings or computer programs supplied in sealed packaging, if the packaging has been opened after delivery;
7.9.10. to supply newspapers, periodicals or magazines, with the exception of a subscription contract;
7.9.11 concluded by public auction;
7.9.12. for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of provision of the service;
7.9.13. for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer’s express consent before the expiry of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.
7.10. At the latest upon delivery of the goods, the seller provides the consumer with a notice of withdrawal on a durable medium.
§ 8 Additional information
8.1 In order to avoid possible discrepancies or errors, it is recommended that the devices used by the Customer to use the shop, www.cad.sklep.pl meet at least the following technical requirements, which are necessary for cooperation with the ICT system used by the Service Provider:
8.1.1. Computer or other mobile device with Internet access.
8.1.2. Web browser: a.) Internet Explorer version 4.0 or later b.) Mozilla FireFox version 4.0 or later or c.) Google Chrome version 1.0 or later d.) Safari from 1.0 or later e). Opera version 1.0 or later
8.1.3. Active plugs – JAVA, FLASH
8.1.4. Resolution of the monitor 1024 x 768, colours 24 or 32 bit
8.1.5. the Customer has an e-mail account.
8.2 Information for the Customer of the shop www.cad.sklep.pl how to check if the order does not contain errors, and also how to correct them:
8.2.1. When placing an order, until the “I buy and pay” button is pressed, or any other equivalent wording, the Customer has the possibility to change the entered data (e.g. type/quantity of goods/ delivery method). In case of discrepancies, the Customer should be guided by the displayed messages and information available on the website of the Internet Shop and its subsequent subpages. In case of any problems or difficulties, please contact us at email@example.com or by phone at 12 430 04 16 (standard fee according to the relevant operator).
8.3 Rules and methods of recording, securing and making available by the entrepreneur to the other party the content of the contract concluded:
8.3.1. The content of the concluded contract is fixed, secured and made available:
18.104.22.168 By sending the content of the concluded agreement to the e-mail address provided.
22.214.171.124. By printing and handing over to the Customer, together with the receipt or shipment of goods, the order specifications and proof of purchase.
8.3.2. The content of the concluded contract is additionally recorded and secured in the Seller’s IT system and communicated to the Customers at their request.
8.4 In matters not regulated by these Terms and Conditions, the provisions of the law in force on the territory of the Republic of Poland, including the Civil Code, the Electronic Services Declaration Act of 18 July 2002, shall apply. (Journal of Laws No. 144, item 1204, as amended); Consumer Rights Act of 30 May 2014. (Journal of Laws of 2014, item 827) and other relevant provisions of Polish law.
8.5 Amendments to the Regulations:
8.5.1. The Service Provider reserves the right to make changes to these Regulations, of which the Client shall be notified no later than 14 days before the changes come into force. Information about changes will also be expressed in a clear way by placing on the website of the Online Shop and sent to the e-mail address of the registered customer. In addition, the customer will be asked to accept the new rules before placing an Order.
8.5.2. The amended terms and conditions shall be binding for the Customer if the requirements set out in Article 384 of the Civil Code have been complied with (i.e. the Customer has been properly notified of the changes) and the Customer has not terminated the contract for the provision of electronic services of a continuous nature within 30 days.
8.5.3. Amendments to the Terms and Conditions shall not in any way infringe the rights acquired by the Customers using the Online Store before the date of entry into force of the amendments, in particular they shall not affect orders placed and/or executed. In such a case, these orders will be carried out in accordance with the rules set out in the previous regulations.
8.6 The contract of sale of goods shall be concluded in accordance with Polish law and in Polish language.
8.7 In the event of a dispute with the Seller, the Customer who is a consumer shall have the possibility to use out-of-court means of complaint handling and claiming claims. The consumer may, among other things
a) apply to the permanent amicable consumer court operating at the Commercial Inspection for settlement of a dispute arising from the concluded Sales Agreement.
b) apply to the Provincial Inspector of the Commercial Inspectorate for the initiation of mediation proceedings in the case of an amicable settlement of a dispute between the Customer and the Seller.
c) obtain free assistance in resolving a dispute between the Customer and the Seller, using the free assistance of a district (municipal) consumer spokesman or social organization, whose statutory tasks include consumer protection (e.g. the Federation of Consumers, Polish Consumer Association).
8.8 Possible disputes arising between the Seller and a Customer who is not also a consumer within the meaning of Article 22 of the Civil Code of 23 April 1964. (Journal of Laws No. 16, item 93, as amended), shall be submitted to the court having jurisdiction over the registered office of the Seller.
Personal data are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.