TERMS AND CONDITIONS
I GENERAL PROVISIONS
1. These terms and conditions are established by PROCARTE PV SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, headquartered in Kielce at ul. Zbożowa 21, (25-416) Kielce, registered in the Register of Entrepreneurs maintained by the DISTRICT COURT IN KIELCE, 10TH COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER under KRS number 0000846860, NIP 6572952667, REGON 386338576, email address: office@procarte.pl, phone: +48 503 504 497, +48 503 504 447; (from 8:00 AM to 4:00 PM, excluding statutory holidays) pursuant to Article 8, paragraph 1, item 1 of the Act of July 18, 2002 on the provision of services by electronic means and specifies:
a) the types and scope of services provided electronically;
b) conditions for providing electronic services;
c) general terms and conditions for concluding and terminating contracts for electronic services;
d) complaint procedure.
2. Definitions of terms used in these terms and conditions:
a) electronic address – identifier of an ICT system enabling communication via electronic means;
b) client – service recipient using the online store;
c) consumer – natural person conducting a legal act not directly related to their business or professional activity;
d) online store – online store operated by Procarte PV Sp. z o.o. at procarte.pl/en/store;
e) parties – service provider and service recipient;
f) provision of electronic services – the performance of a service provided without the simultaneous presence of the parties (remotely), through data transmission upon the individual request of the service recipient, transmitted and received via electronic processing devices, including digital compression and data storage, which is entirely sent, received, or transmitted via a telecommunications network as defined in the Telecommunications Law of July 16, 2004;
g) goods – item provided under a sales agreement between the parties, free of physical and legal defects, and possessing the characteristics specified by the service provider in the product description on the online store page;
h) services – electronic services provided;
i) service recipient – natural person, legal entity, or organizational unit without legal personality, which uses the service provided by the service provider electronically;
j) service provider – PROCARTE PV LIMITED LIABILITY COMPANY.
II TYPES AND SCOPE OF SERVICES
1. Services include in particular:
a) handling of the conclusion of sales agreements for products or services;
b) sale of goods in the online store;
c) distribution of newsletters;
d) provision of an option to ask the service provider questions related to specific topics.
2. The service offering remains valid until suspended, terminated, or modified. The service provider is entitled to suspend, terminate, or modify service terms through amendment of these terms, or as otherwise specified, by providing notification in the manner specified herein.
3. The service provider reserves the right to post information on promotions regarding the provision of services mentioned in point 1, letter b.
III SERVICE PROVISION CONDITIONS
1. For the proper and full use of services, service recipients should have:
a) an end device with Internet access;
b) the latest version of an internet browser: Mozilla Firefox, Google Chrome, Microsoft Internet Explorer, Microsoft Edge, Apple Safari, supporting cookie technology;
c) an active email account.
2. The Mobile Application requires a portable device (smartphone, tablet) with Internet access and equipped with iOS or Android to function correctly and for full service utilization.
3. The service provider uses cookies according to the Privacy Policy published on https://procarte.pl
IV GENERAL TERMS AND CONDITIONS FOR CONCLUDING AND TERMINATING SERVICE CONTRACTS
1. The service provider provides services to service recipients in the scope and under the conditions specified in these terms and conditions. These terms apply to all services provided by the service provider, except for services or service scopes subject to separate terms.
2. Each service recipient, from the moment of using a given service, is obliged to comply with the provisions of these terms and all other regulations published in line with the current offerings.
3. These terms form an integral part of electronic service agreements concluded by the service provider with service recipients.
V COMMERCIAL INFORMATION AND DATA PROCESSING
1. Commercial information is considered ordered if the service recipient consents to receive such information by registering and providing an email address on the site.
2. The service provider is required to collect consents from service recipients for the electronic sending of commercial information.
3. The email address is used exclusively for sending information ordered by the service recipient.
4. Details on personal data processing and protection are provided in the Privacy Policy published on https://procarte.pl
VI OFFER AND ACCEPTANCE
1. The sale of goods in the online store is based on the provisions of these terms and conditions.
2. Information about goods, their characteristics, and price, posted on the online store page, constitutes an invitation to submit offers on the terms proposed by the service provider.
3. The service recipient submits a purchase offer by sending an order via email or through an interactive order form.
4. The agreement is concluded upon the acceptance of the offer by the service provider.
VII PAYMENTS
1. Payment is made in the form and term agreed upon by the parties. In the absence of any other agreement, the client is required to make payment by bank transfer to the account specified on the invoice and within the term indicated therein.
2. The service provider may make available on the website a payment and delivery options form. In such cases, the client’s selection of appropriate options in the form is equivalent to an agreement between the parties.
VIII DELIVERY
1. The service provider delivers within the territory of the Republic of Poland. They are obliged to provide the client with goods free from defects that are the subject of the sales agreement.
2. Ordered goods are delivered to the client via the provider to the address specified in the order, promptly after the order is placed.
3. Unless otherwise agreed, delivery costs are borne by the client.
4. The client should inspect the delivered parcel in the presence of the provider’s employee according to the standard practice for parcels of that kind. In the event of damage or loss, the service recipient has the right to request that the provider’s employee drafts an appropriate report.
5. The client may pick up the ordered goods in person after prepayment. Pickup can be done at the service provider’s office on business days during the opening hours indicated on the store’s website, following a prior arrangement with the service provider via email or phone.
6. The service provider sends a VAT invoice covering the delivered goods exclusively to the email address provided by the client in the order form.
7. If the ordered goods are returned to the online store by the provider, the service provider will contact the client via email or phone to re-arrange the delivery date and cost.
IX LIABILITY OF THE PARTIES
1. Unless otherwise required by applicable law, the service provider is liable only to the extent that liability cannot be excluded or limited under mandatory provisions.
2. The service recipient is liable under the terms provided by applicable mandatory provisions.
X COMPLAINT PROCEDURE
1. The service recipient may submit complaints by email to biuro@procarte.pl or in writing, including via registered mail, to the service provider’s headquarters.
2. Unless otherwise required by law, the service recipient may submit a complaint within 14 days of the occurrence that prompted the complaint.
3. Complaints must include the service recipient’s full name, postal address, and email address.
4. Complaints will be processed within 14 days of receipt by the service provider.
XI SPECIFIC CONSUMER RIGHTS
1. According to Article 27 of the Act of May 30, 2014, on Consumer Rights (Journal of Laws of 2020, item 287), a consumer who has concluded a distance contract or one outside the business premises may withdraw from it within 14 days without giving any reason and without incurring costs, except for the direct costs of returning the item and other costs directly arising from the Act.
2. A consumer who wishes to exercise the right to withdraw from the contract should inform the service provider of their decision to withdraw by means of a clear statement (e.g., a letter sent by mail or email). The consumer may use the statutory form for contract withdrawal provided in Annex 2 to the Act of May 30, 2014, on Consumer Rights, but this is not obligatory. To meet the deadline, the consumer only needs to send the notice before the withdrawal period expires. The service provider shall promptly, but no later than 14 days after receiving the consumer’s notice of withdrawal, refund all payments made by the consumer.
3. Regarding the exercise of the right to withdraw from a distance contract, the service provider informs that the return costs are borne by the service recipient. The consumer may obtain free assistance regarding their rights and disputes with the service provider by contacting, among others, the district (municipal) consumer ombudsman or a consumer protection organization. Information for consumers, including details on obtaining assistance, is also available on the website of the President of the Office of Competition and Consumer Protection (uokik.gov.pl) under “Consumer Dispute Resolution.”
XII FINAL PROVISIONS
1. The service provider reserves the right to change these terms for valid technical, legal, or organizational reasons.
2. The service provider notes that service interruptions may occur for data updates, error corrections, and other maintenance work, as well as due to reasons beyond the service provider’s control (such as force majeure, actions, or omissions of third parties for whom the service provider is not responsible) – which, where technically feasible, will be notified to service recipients in a way accessible to them, particularly through a notice on the website https://procarte.pl
3. If the service provider requires the service recipient to provide an email address for service provision, the service recipient is obliged to provide a valid email address at which they receive correspondence. The service recipient must immediately notify the service provider of any email address change by sending a message to the service provider’s email address. If the service provider is not informed of the email address change, any statements and information sent by the service provider to the service recipient’s email address provided in the form are deemed properly delivered, subject to consumer regulations.
4. All questions, opinions, requests, and statements to the service provider may be directed to the email address: office@procarte.pl
5. Any disputes between a service recipient who is not a consumer and the service provider will be resolved by the court with jurisdiction over the service provider’s headquarters.
6. These terms are effective from October 1, 2020.