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Regulations

ONLINE STORE TERMS AND CONDITIONS

https://www.chipelectronics.com/

 

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE ONLINE STORE
  3. TERMS OF ENTERING INTO A SALES AGREEMENT
  4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
  5. COST, METHODS, AND DEADLINE FOR DELIVERY AND RECEIPT OF THE PRODUCT
  6. PROCEDURE FOR COMPLAINT CONSIDERATION
  7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND THE RULES OF ACCESS TO THESE PROCEDURES
  8. RIGHT TO WITHDRAW FROM THE AGREEMENT
  9. PROVISIONS RELATING TO ENTREPRENEURS
  10. RULES FOR USING THE PRODUCT – DIGITAL CONTENT AND SERVICES
  11. REVIEWS ABOUT PRODUCTS
  12. FINAL PROVISIONS
  13. MODEL WITHDRAWAL FORM

 

This Online Store Terms and Conditions have been prepared by lawyers of the Prokonsumencki.pl service. The Online Store www.CHIPELECTRONICS.COM cares about consumer rights. The consumer cannot waive the rights conferred upon them by the Consumer Rights Act. Contractual provisions less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act are applied instead. Therefore, the provisions of these Terms and Conditions do not aim to exclude or limit any consumer rights granted to them under absolutely binding provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of any possible inconsistencies of the provisions of these Terms and Conditions with the above regulations, the regulations shall prevail and shall be applied.

1. GENERAL PROVISIONS

1.1. The Online Store available at the web address www.chipelectronics.com is operated by ADRIAN BRANIA conducting business under the name ADRIAN BRANIA CHIP ELECTRONICS FHU, entered into the Central Registration and Information on Business of the Republic of Poland led by the minister responsible for economy, having: the address of the place of business and address for service: Zabierzów Bocheński 315A, 32-007 Zabierzów Bocheński, NIP 6783057432, REGON 121542397, email address: [email protected], telephone number: +48 698 153 332.

1.2. This Terms and Conditions are directed both to consumers and to entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions states otherwise.

1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data are processed for the purposes, for the period, and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy contains mainly rules regarding the processing of personal data by the Administrator in the Online Store, including the bases, purposes, and period of processing personal data and the rights of data subjects, as well as the information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the user of the Online Store or the Customer is voluntary, subject to two exceptions: (1) entering into agreements with the Seller – failure to provide in the cases and to the extent indicated on the Online Store website and in the Terms and Conditions and privacy policy personal data necessary for the conclusion and performance of the Sales Agreement or contract for the provision of Electronic Service with the Seller results in the inability to conclude this contract. Providing personal data in this case is a contractual requirement and if the data subject wishes to conclude a specific contract with the Seller, he is obliged to provide the required data. Each time the scope of data required to conclude a contract is previously indicated on the website of the Online Store and in the Terms and Conditions; (2) statutory obligations of the Seller – providing personal data is a statutory requirement resulting from generally applicable laws imposing on the Seller the obligation to process personal data (e.g., data processing for the purposes of keeping tax or accounting books) and failure to provide them will prevent the Seller from fulfilling these obligations.

1.4. Definitions:

  • WORKING DAY – one day from Monday to Friday excluding public holidays.
  • REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
  • ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  • CLIENT – (1) a natural person having full legal capacity, and in cases provided for by generally applicable laws also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity – who has concluded or intends to conclude a Sales Agreement with the Seller.
  • CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
  • ACCOUNT – Electronic Service, a set of resources in the service provider's teleinformatics system, marked with an individual name (login) and password provided by the Service Recipient, where the data provided by the Service Recipient and information about Orders placed in the Online Store are collected.
  • NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via email, which allows all using it Service Recipients to automatically receive from the Service Provider the next editions of the newsletter containing information about Products, news, and promotions in the Online Store.
  • PRODUCT – (1) a movable item (including a movable item with digital elements, i.e., containing digital content or a digital service or connected with them in such a way that the lack of digital content or a digital service would prevent its proper functioning), (2) digital content, (3) a service (including a digital service and other than digital) or (4) a right being the subject of the Sales Agreement between the Client and the Seller.
  • TERMS AND CONDITIONS – these Terms and Conditions of the Online Store.
  • ONLINE STORE – the online store of the Service Provider available at the internet address: CHIPELECTRONICS.COM.
  • SELLER; SERVICE PROVIDER – JANINA KOWALSKA conducting business activity under the name ADRIAN BRANIA CHIP ELECTRONICS FHU entered into the Central Registration and Information on Business of the Republic of Poland led by the minister responsible for economy, having: the address of the place of business and address for service: Zabierzów Bocheński 315A, 32-007 Zabierzów Bocheński, NIP 6783057432, REGON 121542397, email address: [email protected], telephone number: +48 698 153 332.
  • SALES AGREEMENT – a Product sales agreement (in the case of movable items and movable items with digital elements), (2) a contract for the delivery of a Product (in the case of digital content or a digital service), (3) a contract for the provision or use of a Product (in the case of a service other than digital and other Products) concluded or concluded between the Client and the Seller via the Online Store.
  • ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient through the Online Store.
  • SERVICE RECIPIENT – (1) a natural person having full legal capacity, and in cases provided for by generally applicable laws also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity – using or intending to use an Electronic Service.
  • CONSUMER RIGHTS ACT – the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827, as amended).
  • ORDER – a declaration of will of the Client made using the Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.
  • DIGITAL SERVICES ACT, ACT – Regulation of the European Parliament and of the Council (EU) 2022/2065 of October 19, 2022, on a single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (Official Journal L 277, 27.10.2022, p. 1–102).
  • ILLEGAL CONTENT – information that in itself or through reference to action, including the sale of Products or provision of Electronic Services, is not in accordance with the law of the European Union or the law of any member state that is in accordance with the law of the European Union, regardless of the specific subject or nature of this law.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.

  • Account – the use of the Account is possible after completing three consecutive steps by the Service Recipient – (1) filling in the Registration Form, (2) clicking the “Create account” field and (3) confirming the desire to create an Account by clicking the confirmation link sent automatically to the provided email address. In the Registration Form, it is necessary for the Service Recipient to provide the following Service Recipient's data: name and surname/company name, address (street, house/apartment number, postal code, city, country), email address, contact telephone number, and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and NIP number.
    • The Electronic Service Account is provided free of charge for an indefinite period. The Service Recipient has the possibility, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending a relevant request to the Service Provider, in particular via email to: [email protected] or in writing to the address: Zabierzów Bocheński 315A, 32-007 Zabierzów Bocheński.
  • Order Form – the use of the Order Form begins at the moment the Client adds the first Product to the electronic basket in the Online Store. The Order is placed after the Client has completed two consecutive steps – (1) after filling in the Order Form and (2) clicking on the “Confirm purchase” field on the Online Store website after filling in the Order Form – until this moment it is possible to modify the entered data (for this purpose, follow the displayed messages and information available on the website of the Online Store). In the Order Form, it is necessary for the Client to provide the following data concerning the Client: name and surname/company name, address (street, house/apartment number, postal code, city, country), email address, contact telephone number, and data concerning the Sales Agreement: Product/s, quantity of Product/s, place and method of delivery of Product/s, payment method. In the case of Clients who are not consumers, it is also necessary to provide the company name and NIP number.
    • The Electronic Service Order Form is provided free of charge and is of a one-time nature and terminates when the Order is placed through it or earlier when the Service Recipient ceases to place the Order through it.
  • Newsletter – the use of the Newsletter occurs after providing the email address in the “Newsletter” tab visible on the Online Store website, to which subsequent editions of the Newsletter are to be sent, and clicking the “Sign up” field. You can also sign up for the Newsletter by selecting the appropriate checkbox when creating an Account – at the moment of creating the Account, the Service Recipient is signed up for the Newsletter.
    • The Electronic Service Newsletter is provided free of charge for an indefinite period. The Service Recipient has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (resign from the Newsletter) by sending a relevant request to the Service Provider, in particular via email to: [email protected] or in writing to the address: Zabierzów Bocheński 315A, 32-007 Zabierzów Bocheński.

2.2. Technical requirements necessary for cooperation with the teleinformatics system used by the Service Provider: (1) computer, laptop, or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari, or Microsoft Edge in the current version; (4) recommended minimum screen resolution: 1024x768; (5) enabling the option in the web browser to save Cookies and to support Javascript.

2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good manners taking into account respect for personal rights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing unlawful content.

2.4. The complaint procedure for Electronic Services is indicated in point 6. of the Terms and Conditions.

3. TERMS OF ENTERING INTO A SALES AGREEMENT

3.1 The conclusion of a Sales Agreement between the Client and the Seller takes place after the Client has previously placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.

3.2. The price of the Product displayed on the website of the Online Store is given in Polish zlotys and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including fees for transport, delivery, and postal services) and other costs, and if the amount of these charges cannot be determined – about the obligation to pay them, the Client is informed on the Online Store's website while placing the Order, including at the moment the Client expresses the will to be bound by the Sales Agreement.

3.3. Procedure for the conclusion of a Sales Agreement in the Online Store using the Order Form

  • The conclusion of a Sales Agreement between the Client and the Seller occurs after the Client has previously placed an Order in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
  • After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending by the Seller to the Client an appropriate email message to the Client's email address provided during the placing of the Order, which contains at least the Seller's statements of receipt of the Order and its acceptance for execution and the confirmation of the conclusion of the Sales Agreement. Upon the Client's receipt of the above email message, a Sales Agreement between the Client and the Seller is concluded.

3.4. Consolidating, securing, and providing the Client with the content of the concluded Sales Agreement occurs by (1) providing these Terms and Conditions on the Online Store website and (2) sending the Client the email message referred to in point 3.3.2. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store's computer system.

4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT

4.1. The Seller provides the Client with the following methods of payment under the Sales Agreement:

  • Payment in cash on delivery upon receipt of the parcel.
  • Payment by bank transfer to the Seller's bank account.
  • Electronic payments and card payments via the PayU.pl service – the current available payment methods are specified on the Online Store's website in the information tab regarding payment methods and on the internet website http://www.payu.pl.
    • Settlements of transactions by electronic payment and by credit card are carried out according to the Client's choice via the PayU.pl service. The service of electronic payments and card payments is provided by:
      • PayU.pl – PayU S.A. company with its registered office in Poznań (address: ul. Grunwaldzka 182, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań; share capital in the amount of PLN 4,944,000 paid in full; NIP: 7792308495.

4.2. Payment deadline:

  • In case the Client chooses payment by bank transfer, electronic payments, or card payment, the Client is obliged to make the payment within 7 calendar days from the date of the Sales Agreement.
  • In case the Client chooses payment in cash on delivery upon receipt of the parcel, the Client is obliged to make the payment upon receipt of the parcel.

5. COST, METHODS, AND DEADLINE FOR DELIVERY AND RECEIPT OF THE PRODUCT

5.1. The delivery of the Product is available on the territory of the Republic of Poland.

5.2. The delivery of the Product to the Client is payable, unless the Sales Agreement states otherwise. The costs of delivering the Product (including transport, delivery, and postal services fees) are indicated to the Client on the Online Store's website in the information tab regarding delivery costs and during the placing of the Order, including at the moment the Client expresses the will to be bound by the Sales Agreement.

5.3. The Seller provides the Client with the following methods of delivery or receipt of the Product:

  • Postal parcel, cash on delivery postal parcel.
  • Courier shipment, cash on delivery courier shipment.

5.4. The deadline for delivery of the Product to the Client is up to 7 Working Days, unless a shorter term is specified in the description of the given Product or during the placing of the Order. In the case of Products with different delivery times, the delivery time is the longest given time, which, however, cannot exceed 7 Working Days. The commencement of the period for delivery of the Product to the Client is calculated as follows:

  • In case the Client chooses the method of payment by bank transfer, electronic payments, or card payment – from the day of crediting the bank account or settlement account of the Seller.
  • In case the Client chooses the method of payment in cash on delivery – from the date of the Sales Agreement.

5.5. The deadline for the Product to be ready for collection by the Client – in case the Client chooses personal collection of the Product, the Product will be ready for collection by the Client within up to 7 Working Days, unless a shorter term is specified in the description of the given Product or during the placing of the Order. In the case of Products with different readiness times for collection, the readiness time is the longest given term, which, however, cannot exceed 7 Working Days. The Client will be additionally informed by the Seller about the readiness of the Product for collection. The commencement of the period for the Product to be ready for collection by the Client is calculated as follows:

  • In case the Client chooses the method of payment by bank transfer, electronic payments, or card payment – from the day of crediting the bank account or settlement account of the Seller.

6. COMPLAINT PROCEDURE

6.1. This point 6 of the Terms and Conditions defines the complaint procedure common for all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services, and other complaints related to the operation of the Seller or the Online Store.

6.2. A complaint may be submitted, for example:

  • in writing to the address: Zabierzów Bocheński 315A, 32-007 Zabierzów Bocheński;
  • in electronic form via email to the address: [email protected].

6.3. It is recommended to include in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the request for the method of bringing the Product into compliance with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement or another demand; and (3) the contact details of the complaining party – this will facilitate and expedite the processing of the complaint by the Seller. The requirements given in the previous sentence take the form of only a recommendation and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.

6.4. The Seller will respond to the complaint promptly, no later than within 14 calendar days from the day of its receipt.

6.5. The basis and scope of the Seller's liability under the warranty for the Product due to its physical or legal defects are defined by generally applicable laws, in particular in the Civil Code, the Consumer Rights Act, and the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). Below, additional information is provided regarding the liability provided by law of the Seller for a Product's non-compliance with the Sales Agreement:

  • In the case of a complaint about a Product – a movable item – purchased by the Client under a Sales Agreement concluded with the Seller until December 31, 2022, the provisions of the Civil Code in force until December 31, 2022, apply, in particular Articles 556-576 of the Civil Code. These provisions specify, in particular, the basis and scope of the Seller's liability towards the Client if the sold Product has a physical or legal defect (warranty). According to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product purchased according to the previous sentence towards the Client who is not a consumer is excluded.
  • In the case of a complaint about a Product – a movable item (including a movable item with digital elements), excluding however a movable item that serves exclusively as a carrier of digital content – purchased by the Client under a Sales Agreement concluded with the Seller from January 1, 2023, the provisions of the Consumer Rights Act in force from January 1, 2023, apply, in particular Articles 43a - 43g of the Consumer Rights Act. These provisions specify, in particular, the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
  • In the case of a complaint about a Product – digital content or a digital service or a movable item that serves exclusively as a carrier of digital content – purchased by the Client under a Sales Agreement concluded with the Seller from January 1, 2023, or before that date, if the delivery of such a Product was to take place or took place after that date, the provisions of the Consumer Rights Act in force from January 1, 2023, apply, in particular Articles 43h – 43q of the Consumer Rights Act. These provisions specify, in particular, the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.

6.6. In addition to the statutory warranty, a guarantee may be provided for the Product – it is a contractual (additional) liability, and one can take advantage of it if the given Product is covered by a guarantee. The guarantee may be granted by an entity other than the Seller (e.g., by the manufacturer or distributor). Detailed conditions regarding the liability under the guarantee, including also the data of the entity responsible for the execution of the guarantee and the entity entitled to take advantage of it, are available in the description of the guarantee, e.g., in the guarantee card or in another place concerning the granting of the guarantee. The Seller indicates that in the case of non-compliance of the Product with the contract, the Client is entitled by law to legal remedies at the Seller's expense and risk, and the guarantee does not affect these legal remedies.

6.7. The provisions contained in points 6.8.2. and 6.8.3 of the Terms and Conditions concerning the consumer also apply to the Client being a natural person concluding a contract directly related to their business activity when the content of this contract indicates that it does not have a professional character for this person, resulting in particular from the subject of the business activity made available based on the provisions on the Central Register and Information on Economic Activity.

7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND THE RULES OF ACCESS TO THESE PROCEDURES

7.1. Methods of resolving disputes out of court include, among others (1) enabling the parties to approach their positions, e.g., through mediation; (2) proposing a dispute resolution, e.g., through conciliation; and (3) deciding the dispute and imposing its resolution on the parties, e.g., through arbitration (amicable court). Detailed information on the possibility for the consumer Client to take advantage of out-of-court complaint and redress procedures, the rules of access to these procedures, and a friendly search engine for entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.

7.2. At the President of the Office of Competition and Consumer Protection, there is a contact point whose task is, among others, to provide consumers with information regarding out-of-court resolution of consumer disputes. The consumer can contact the contact point: (1) by phone – calling the numbers 22 55 60 332 or 22 55 60 333; (2) via email – by sending a message to the address: [email protected]; or (3) in writing or in person – at the Office's headquarters at plac Powstańców Warszawy 1 in Warsaw (00-030).

7.3. The consumer has the following exemplary possibilities to take advantage of out-of-court complaint and redress procedures: (1) an application for dispute resolution to the permanent amicable consumer court; (2) an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection; or (3) assistance of the district (municipal) consumer ombudsman or a social organization, whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, via email at [email protected] and by calling the consumer hotline 801 440 220 (the hotline is open on Working Days, from 8:00 to 18:00, the call fee according to the operator's tariff).

7.4. At the address http://ec.europa.eu/odr, there is an online dispute resolution platform between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court resolution of a dispute regarding contractual obligations arising from an online sales contract or service contract (more information on the platform itself or on the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

8. RIGHT TO WITHDRAW FROM THE AGREEMENT

8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Terms and Conditions. To meet the deadline, it is enough to send a statement before its expiry. The statement of withdrawal from the contract can be made, for example:

  • in writing to the address: Zabierzów Bocheński 315A, 32-007 Zabierzów Bocheński;
  • in electronic form via email to the address: [email protected].

8.2. Return of the Product - movable items (including movable items with digital elements) as part of the withdrawal from the contract may take place to the address: Zabierzów Bocheński 315A, 32-007 Zabierzów Bocheński.

8.3. An exemplary model of the withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point 13 of the Terms and Conditions. The consumer may use the form template, but it is not obligatory.

8.4. The period for withdrawal from the contract begins:

  • for a contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership – from taking the Product into possession by the consumer or a third party designated by them other than the carrier, and in the case of a contract that: (1) includes many Products that are delivered separately, in parts, or in pieces – from taking possession of the last Product, part, or piece or (2) consists in the regular delivery of Products for a defined period – from taking possession of the first of the Products;
  • for other contracts – from the date of the contract's conclusion.

8.5. In the event of withdrawal from a distance contract, the contract is considered not concluded.

8.6. Products - movable items, including movable items with digital elements:

  • The Seller is obliged to immediately, no later than within 14 calendar days from the day of receiving the consumer's statement of withdrawal from the contract, return to the consumer all payments made by them, including the costs of delivering the Product - movable item, including a movable item with digital elements (except for additional costs resulting from the consumer's choice of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller makes a refund using the same payment method used by the consumer, unless the consumer has expressly agreed to a different refund method that does not involve any costs for them. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer, they may withhold the refund of payments received from the consumer until the Product is returned or the consumer provides proof of its return, depending on which event occurs first.
  • In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, no later than within 14 calendar days from the day on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is enough to return the Product before its expiry.
  • The consumer is responsible for the decrease in the value of the Product - a movable item (including a movable item with digital elements) - resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

8.7. Products – digital content or digital services:

  • In the case of withdrawal from a contract for the supply of a Product - digital content or a digital service - the Seller, from the day of receiving the consumer's statement of withdrawal from the contract, cannot use content other than personal data provided or generated by the consumer while using the Product – digital content or digital service – provided by the Seller, except for content that: (1) is useful exclusively in connection with the digital content or digital service that was the subject of the contract; (2) relates exclusively to the consumer's activity while using the digital content or digital service provided by the Seller; (3) has been combined by the entrepreneur with other data and cannot be separated from them or can be separated only with disproportionate efforts; (4) was created by the consumer together with other consumers who can still use them. Except for the cases mentioned above in points (1)–(3), the Seller, at the consumer's request, makes available to them content other than personal data, which were provided or generated by the consumer while using the digital content or digital service provided by the Seller. In the case of withdrawal from the contract, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user's account, which does not affect the consumer's rights mentioned in the previous sentence. The consumer has the right to recover digital content from the Seller free of charge, without obstacles from the Seller, within a reasonable time and in a commonly used machine-readable format.
  • In the case of withdrawal from a contract for the supply of a Product – digital content or digital service, the consumer is obliged to cease using this digital content or digital service and providing it to third parties.

8.8. Possible costs associated with the consumer's withdrawal from the contract, which the consumer is obliged to bear:

  • In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a way of delivering the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the consumer the incurred additional costs.
  • In the case of Products - movable items (including movable items with digital elements) - the consumer bears the direct cost of returning the Product.
  • In the case of a Product - service, the performance of which – at the consumer's express request – began before the expiry of the withdrawal period, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of payment is calculated proportionally to the scope of the service performed, taking into account the agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the performed service.

8.9. The right to withdraw from a distance contract does not apply to the consumer in relation to contracts:

  • (1) for the provision of services, for which the consumer is obliged to pay a price, if the Seller has fully performed the service with the consumer's express and prior consent, who was informed before the beginning of the service that after the Seller's completion of the service, they will lose the right to withdraw from the contract, and accepted it; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the withdrawal period; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to meet their individualized needs; (4) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - subject to rapid spoilage or having a short shelf life; (5) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery; (6) in which the subject of the service are Products - movable items (including movable items with digital elements) -, which after delivery, due to their nature, become inseparably connected with other items, including movable items with digital elements; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and whose delivery can only take place after 30 days and whose value depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer expressly requested the Seller to come to them to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) -, other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract applies to the consumer in relation to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery; (10) for the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts; (11) concluded through a public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure activities, entertainment, sports, or cultural events, if the contract marked the day or period of service provision; (13) for the delivery of digital content not supplied on a tangible medium, for which the consumer is obliged to pay a price, if the Seller began the performance with the consumer's express and prior consent, who was informed before the beginning of the performance that after the Seller's completion of the service, they will lose the right to withdraw from the contract, and accepted it, and the Seller provided the consumer with confirmation, as mentioned in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act; (14) for the provision of services, for which the consumer is obliged to pay a price in cases where the consumer expressly requested the Seller to come to them to perform the repair, and the service has already been fully performed with the consumer's express and prior consent.

8.10. The provisions contained in this point 8 of the Terms and Conditions concerning the consumer also apply to contracts concluded from January 1, 2021, for Service Recipients or Clients being natural persons concluding a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for this person, resulting in particular from the subject of the business activity made available based on the provisions on the Central Register and Information on Economic Activity.

9. PROVISIONS FOR ENTREPRENEURS

9.1. This point 9 of the Terms and Conditions and all provisions contained herein are addressed and thus bind only the Client or Service Recipient who is not a consumer, and from January 1, 2021, for contracts concluded from that date, also not being a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for this person, resulting in particular from the subject of the business activity made available based on the provisions on the Central Register and Information on Economic Activity.

9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case can take place without giving a reason and does not give rise to any claims on the part of the Client against the Seller.

9.3. The Seller's liability under the warranty for the Product or non-compliance of the Product with the Sales Agreement is excluded.

9.4. The Seller will address the complaint within 30 calendar days from the day of its receipt.

9.5. The Seller has the right to limit the available payment methods, including also requiring a prepayment in full or in part, regardless of the payment method chosen by the Client and the fact of concluding the Sales Agreement.

9.6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.

9.7. The Service Provider/Seller's liability towards the Service Recipient/Client, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but not more than to the amount of one thousand zlotys. The limitation of the amount, as mentioned earlier, applies to all claims directed by the Service Recipient/Client towards the Service Provider/Seller, including those not related to the Sales Agreement or unrelated to the conclusion of the Sales Agreement. The Service Provider/Seller is liable towards the Service Recipient/Client only for typical damages foreseeable at the time of the contract's conclusion and is not responsible for lost profits. The Seller is also not responsible for the delay in the shipment's transport.

9.8. All disputes arising between the Seller/Service Provider and the Client/Service Recipient shall be submitted to the court appropriate for the Seller/Service Provider's seat.

10. RULES FOR USING THE PRODUCT – DIGITAL CONTENT AND SERVICES

10.1. This point 10 of the Terms and Conditions defines the default rules for using Products – digital content and services available in the Online Store. These rules apply if no individual conditions of using the Product have been set for a given Product or in the scope not regulated by individual conditions (e.g., in the case of a license granted by the manufacturer of a given Product, the manufacturer's license will apply).

10.2. Rights to the Product, including copyright in the case of Products constituting a work within the meaning of Copyright Law, belong to the Seller or other authorized third parties.

10.3. Based on the Sales Agreement, the Client is entitled to use the Product in a manner and to the extent necessary to use it for the purposes specified by the Sales Agreement, and in the absence of their specification, for purposes for which Products of this type are usually used, taking into account applicable laws, technical standards, or good practices.

10.4. The Client's use of the Product is possible only for their own use, including as part of their business activity, unless the Sales Agreement provides otherwise. Subject to exceptions provided by generally applicable laws and different provisions of the Sales Agreement: (1) the Client is not entitled to make the Product available to third parties; (2) the Client is not entitled to use the Product for commercial purposes, including introducing the Product into circulation; (3) the Client is not entitled to transfer, sublicense, or authorize other persons to use the Product; (4) the Client is not entitled to copy, reproduce, modify, adapt, translate, decode, decompile, disassemble, or any other attempts to interfere with the Product, unless it is necessary to ensure proper use of the Product according to the Sales Agreement.

10.5. The Client's use of the Product is possible for the duration specified by the Sales Agreement.

10.6. Access to the Product is provided by sending digital content or a link (URL address) enabling its playback to the email address provided by the Client during the Order process.

11. REVIEWS OF PRODUCTS

11.1. The Seller enables its Clients to post and access reviews about Products and the Online Store on the terms indicated in this point of the Terms and Conditions.

11.2. Posting a review by the Client is possible after using the form enabling the addition of a review about the Product or the Online Store. This form may be made available directly on the Online Store's page (including using an external widget) or may be made available through an individual link received by the Client after purchase to the email address provided by them during the Order process. When adding a review, the Service Recipient may also add a graphical rating or a photo of the Product – if such an option is available in the review form.

11.3. A review of the Product can only be posted for actually purchased Products in the Seller's Online Store and by the Client who made the purchase of the reviewed Product. It is forbidden to conclude fictitious or apparent Sales Agreements for the purpose of posting a review about the Product. A review of the Online Store can be posted by a person who is a Client of the Online Store.

11.4. Posting reviews by Clients cannot be used for unlawful actions, in particular actions constituting unfair competition or actions infringing personal rights, intellectual property rights, or other rights of the Seller or third parties. The Client posting a review is obliged to act in accordance with the law, these Terms and Conditions, and good manners.

11.5. Reviews can be made available directly on the Online Store's page (e.g., next to a given Product) or in an external service collecting reviews, with which the Seller cooperates and to which it refers on the Online Store's page (including using an external widget placed on the Online Store's page).

11.6. The Seller ensures that published reviews of Products come from its Clients who purchased the given Product. For this purpose, the Seller takes the following actions to check whether the reviews come from its Clients:

  • Posting a review using a form available directly on the Online Store's page requires prior verification by the Seller. Verification involves checking the conformity of the review with the Terms and Conditions, in particular checking whether the reviewing person is a Client of the Online Store – in this case, the Seller checks whether the person has made a purchase in the Online Store, and in the case of a review of a Product, additionally checks whether they have purchased the reviewed Product. Verification takes place without undue delay.
  • The Seller sends its Clients (also using an external service collecting reviews, with which it cooperates) an individual link to the provided email address during the purchase – in this way, access to the review form is given exclusively to the Client who made the purchase of the Product in the Online Store.
  • In case of doubts or reservations made to the Seller by other Clients or third parties, whether a given review comes from a Client or whether a given Client has purchased a given Product, the Seller reserves the right to contact the author of the review to clarify and confirm that they are indeed a Client of the Online Store or have purchased the reviewed Product.

11.7. Any comments, appeals from review verification, or reservations whether a given review comes from a Client or whether a given Client has purchased a given Product may be reported in a manner analogous to the complaint procedure indicated in point 6 of the Terms and Conditions.

11.8. The Seller does not post or commission another person to post false reviews or recommendations of Clients and does not distort reviews or recommendations of Clients to promote its Products. The Seller provides both positive and negative reviews. The Seller does not provide sponsored reviews.

12. FINAL PROVISIONS

12.1. Contracts concluded through the Online Store are concluded in Polish.

12.2. Change of Terms and Conditions:

  • The Service Provider reserves the right to make changes to these Terms and Conditions for significant reasons, i.e., changes in law; changes in payment or delivery methods or terms, being subject to a legal or regulatory obligation; changes in the scope or form of the provided Electronic Services; adding new Electronic Services; necessity to counteract an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Clients against fraud, malware, spam, data breaches, or other cybersecurity threats – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
  • Notification of proposed changes is sent in advance, at least 15 days before the day of their entry into force, with the reservation that a change can be introduced without maintaining the 15-day notification period if the Service Provider: (1) is subject to a legal or regulatory obligation under which it is obliged to change the Terms and Conditions in a manner that prevents it from keeping the 15-day notification period; or (2) must exceptionally change its Terms and Conditions to counteract an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Clients against fraud, malware, spam, data breaches, or other cybersecurity threats. In the last two cases mentioned in the previous sentence, the introduction of changes takes place with immediate effect, unless it is possible or necessary to apply a longer term for introducing changes, about which the Service Provider will notify each time.
  • In the case of continuous contracts (e.g., providing an Electronic Service – Account) the Service Recipient has the right to terminate the contract with the Service Provider before the expiry of the notification period about the proposed changes. Such termination becomes effective within 15 days from the day of receiving the notification. In the case of concluding a continuous contract, the changed Terms and Conditions bind the Service Recipient if they were properly notified of the changes, according to the notification period before their introduction, and did not terminate the contract during this period. Additionally, at any time after receiving the notification of changes, the Service Recipient may accept the introduced changes and thus waive the further duration of the notification period. In the case of concluding a contract of a different nature than continuous contracts, changes to the Terms and Conditions will not in any way violate the rights acquired by the Service Recipient before the day of entry into force of the changes to the Terms and Conditions, in particular, changes to the Terms and Conditions will not affect already placed or submitted Orders and concluded, being executed or executed Sales Agreements.
  • In the event that the change to the Terms and Conditions results in the introduction of any new fees or an increase in the current ones, the consumer has the right to withdraw from the contract.

12.3. In matters not regulated in these Terms and Conditions, generally applicable Polish law provisions shall apply, in particular: the Civil Code; the act on providing services by electronic means of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.

13. MODEL WITHDRAWAL FORM
(ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)


Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)

– Addressee:

ADRIAN BRANIA CHIP ELECTRONICS FHU
Zabierzów Bocheński 315A, 32-007 Zabierzów Bocheński
CHIPELECTRONICS.COM
[email protected]

– I/We(*) hereby inform you of my/our withdrawal from the contract of sale of the following goods(*) the contract for the delivery of the following goods(*) the contract for a work consisting in the performance of the following goods(*)/for the provision of the following service(*)

 

– Date of the contract(*)/receipt(*)

– Name and surname of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if the form is sent in paper version)

– Date

(*) Delete as appropriate.

14. ILLEGAL CONTENT AND OTHER CONTENT NOT IN ACCORDANCE WITH THE TERMS AND CONDITIONS

14.1. This section of the Terms and Conditions includes provisions resulting from the Digital Services Act concerning the Online Store and the Service Provider. In principle, the Service Recipient is not obliged to provide content while using the Online Store, unless the Terms and Conditions require specifying certain data (e.g., data for placing an Order). The Service Recipient may have the opportunity to add reviews or comments in the Online Store using the tools provided for this purpose by the Service Provider. In any case of providing content by the Service Recipient, they are obliged to comply with the rules contained in the Terms and Conditions.

14.2. CONTACT POINT. The Service Provider indicates Polish and English languages for communication with its contact point.

14.3. Procedure for reporting Illegal Content and actions in accordance with Article 16 of the Digital Services Act:

  • Any person or entity can report the presence of specific information, which they consider to be Illegal Content, to the Service Provider via email at [email protected].
  • The report should be sufficiently precise and adequately justified. For this purpose, the Service Provider facilitates making reports to the above email address containing all the following elements: (1) a sufficiently justified explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where appropriate, additional information enabling the identification of Illegal Content, according to the type of content and the specific type of service; (3) the name and email address of the person or entity making the report, except for reports related to information considered to be associated with one of the crimes referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are correct and complete.
  • The report mentioned above is considered as a basis for obtaining actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act concerning the information it relates to if it enables the Service Provider, acting with due diligence, to determine – without detailed legal analysis – the illegal nature of the specified activity or information.
  • If the report contains electronic contact details of the person or entity making the report, the Service Provider immediately sends a confirmation of receipt of the report to such person or entity. The Service Provider also notifies such person or entity without undue delay about its decision regarding the information reported, providing information about the possibility of appealing the decision.
  • The Service Provider considers all reports it receives within the mechanism mentioned above and makes decisions regarding the information reported in a timely, non-arbitrary, objective manner, and with due diligence. If the Service Provider uses automated means for such consideration or decision-making, it includes information on this in the notification mentioned in the previous point.

14.4. Information on restrictions imposed by the Service Provider in connection with the use of the Online Store, concerning information provided by Service Recipients:

  • The following rules apply to the Service Recipient in the case of providing any content within the Online Store:
    • the obligation to use the Online Store, including posting content (e.g., in the form of reviews or comments), according to its purpose, these Terms and Conditions, and in a manner compliant with law and good manners, taking into account the respect for personal rights and the copyright and intellectual property rights of the Service Provider and third parties;
    • the obligation to introduce content consistent with factual conditions and in a manner not misleading;
    • the prohibition of providing unlawful content, including the prohibition of providing Illegal Content;
    • the prohibition of sending unsolicited commercial information (spam) through the Online Store;
    • the prohibition of providing content that violates commonly accepted netiquette rules, including content that is vulgar or offensive;
    • the obligation to possess – where necessary – all required rights and permissions to provide such content on the Online Store pages, in particular copyright or required licenses, permissions, and consents for their use, distribution, sharing, or publication, especially the right to publish and distribute in the Online Store and the right to use and distribute the image or personal data in case of content that includes the image or personal data of third parties;
    • the obligation to use the Online Store in a manner not posing a threat to the teleinformatics system's security of the Service Provider, the Online Store, or third parties.
  • The Service Provider reserves the right to moderate content provided by Service Recipients on the Online Store page. Moderation is done in good faith and with due diligence, either on the Service Provider's own initiative or upon receiving a report, to detect, identify, and remove Illegal Content or other content not in accordance with the Terms and Conditions or to prevent access to it or to take the necessary measures to meet the requirements of European Union law and national law consistent with European Union law, including the requirements specified in the Digital Services Act, or the requirements contained in the Terms and Conditions.
  • The moderation process may be manual by a person or rely on automated or partially automated tools that facilitate the Service Provider's identification of Illegal Content or other content not in accordance with the Terms and Conditions. After identifying such content, the Service Provider makes a decision on possibly removing or preventing access to the content or otherwise limiting their visibility or takes other actions deemed necessary (e.g., contacting the Service Recipient to clarify concerns and modify content). The Service Provider clearly and easily understandable informs the Service Recipient who provided the content (if their contact details are available) about its decision, the reasons for it, and available options for appealing the decision.
  • In implementing its rights and obligations from the Digital Services Act, the Service Provider is required to act with due diligence, objectively and proportionally, and with due regard for the rights and legally justified interests of all involved parties, including service recipients, especially considering the rights listed in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.

14.5. Any comments, complaints, claims, appeals, or reservations concerning decisions or other actions or lack of actions taken by the Service Provider based on received reports or decisions made in accordance with the provisions of these Terms and Conditions can be reported in a manner analogous to the complaint procedure indicated in point 6 of the Terms and Conditions. Using this procedure is free of charge and allows filing complaints electronically to the specified email address. Using the complaint reporting and handling procedure does not prejudice the right of the person or entity to initiate legal proceedings before a court and does not affect its other rights.

14.6. The Service Provider considers all comments, complaints, claims, appeals, or reservations concerning decisions or other actions or lack of actions taken by the Service Provider based on received reports or made decisions in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other notification contains sufficient reasons for the Service Provider to consider that its decision not to take action in response to a report is unjustified or that the information subject to the complaint is not illegal and not in accordance with the Terms and Conditions, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider without undue delay revokes or changes its decision concerning the possible removal or prevention of access to the content or otherwise limiting their visibility or takes other actions deemed necessary.

14.7. Service Recipients, individuals, or entities that have reported Illegal Content, to which the Service Provider's decisions concerning Illegal Content or content not in accordance with the Terms and Conditions are directed, have the right to choose any out-of-court dispute resolution body certified by the digital services coordinator of the Member State to resolve disputes concerning these decisions, including in relation to complaints that have not been resolved within the internal complaint handling system of the Service Provider.

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