Regulations of the online store www.inpeak.pl
established 16.08.2018

I. GENERAL PROVISIONSE

1. The Online Store is an ICT platform (information and remote selection system and the purchase of Goods or provision of services within Products other than the Goods), enabling Users to become acquainted with the Goods of the Sellers and Products other than the Goods, including prices and availability of Goods, conclusion of the Sales Agreement, contracts for the provision of services under the Products other than the Goods, as well as publishing the Content on the terms specified in the Terms and Conditions. For this purpose, the Service Provider running the Seller’s online store provides the Users with appropriate system tools and provides Services on the terms set out in the Terms and Conditions.

2. Using the Online Store by the User is possible provided that the User’s IT system meets the following minimum technical requirements: a. Internet Explorer version 7.0 or later with ActiveX, JavaScript and cookies activated, or b. Mozilla Firefox version 3.0 or later with enabled support of Java applets, JavaScript and cookies, c. the minimum screen resolution of 1024×768 pixels.

3. The Users using the Online Store are obliged to comply with the Terms and Conditions.

 

II. DEFINITIONS

The following expressions used in the text of the Terms and Conditions have been assigned to the following meanings:

1. Delivery of the Goods – contract for the ordering of transport services concluded between the User and a third party. The terms of delivery of the good can be found in the Delivery tab.

2. Call center – User service telephone center, available at the phone number provided in the Online Store, through which you can get information about the Products, the rules of Online Store functioning;

3. Consumer – a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity, including purchasing the Goods or using the Service, services under the Products other than the Goods, for purposes not related to the business or professional activity;

4. Cart – an electronic form made available in the Online Store, by means of which the User selects the Product to place an Order;

5. Buyer – a User who has concluded the Sales Agreement;

6. New Order – an electronic message (e-mail with the subject: New Order) sent by the IT system of the Service Provider operating the Online Store of the Seller to the e-mail address indicated by the User (in the appropriate electronic form, which the User independently fills remotely in the Online Store specifying the details of the Order submitted by the given User, in particular the Goods, the place of receipt or delivery of the Goods, or the ordering of services under the Products other than the Goods, the place of their provision, and the method of payment of the price for the Product;
7. Order Confirmation – an electronic message (e-mail with the subject: Order Confirmation or Order Confirmation – ready for receipt) sent by the Seller to the e-mail address indicated by the User (in the appropriate electronic form, which the User fills remotely in the Online Store)

8. Service of assembly of the Goods – contract for commissioning services for the installation of the Goods on the equipment provided by the User, concluded between the User and the Seller.

9. Product – Goods, Goods Delivery and installation of the Goods;

10. Terms and Conditions – these terms and conditions drawn up based on art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);

11. Force Majeure – an external event independent of the parties of the legal relationship, which occurrence could not have been reasonably foreseen, could not have been prevented by a party affected by Force Majeure, which permanently or temporarily prevents that party from exercising its rights or obligations, in particular on under a given legal relationship;

12. Online Store – an Internet service run by the Service Provider at the Seller’s request, available at the electronic address through which the User can obtain information about the Product and its availability and buy Goods from the Seller, or commission a service within Products other than the Goods, as well as publish Content on principles defined in the Terms and Conditions;

13. Seller – an entrepreneur running a retail outlet under the Inpeak brand, using the Online Store in order to invite the Users to conclude Sales Agreements;

14. Goods – a movable item offered by the Seller via the Online Store (this concept on the basis of the Terms and Conditions also includes accessories and components, including software provided to the Buyer along with the Goods);

15. Content – comments, opinions or ratings posted by the User in the Online Store. The option of posting the Content serves only those Users who have registered the Account after logging into the appropriate Account;

16. Sales Agreement – a sales agreement within the meaning of the Civil Code concluded at a distance, i.e., via the Online Store between the Buyer and the Seller within the meaning of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827). Delivery of the Order Confirmation by the Seller to the User (after placing an Order in the Online Store) is identical to the conclusion of the Sales Agreement. The Sales Agreement is subject to the law of the Republic of Poland, is concluded only in Polish and should be interpreted in such a language;

17. User – a natural person who is under 18 years of age or has full legal capacity, a legal person, an organizational unit without legal personality, but able to acquire rights and incur liabilities on their own behalf, which uses the Online Store;

18. Order – a declaration of will to purchase the Goods or to order services within the Products other than Goods expressed by the User via the Online Store (by remotely filling out the electronic form in the Online Store) in a manner enabling the Seller and the Service Provider to identify the User specifying the Good to be the subject of the Sales Agreement or ordering of services under the Products other than the Goods, the place of its receipt, service or delivery and the method of payment of the price for the Product.

19. Service Provider – an entity running an online store at the request of the Seller.

 

III. INVITATION TO CONCLUDE THE AGREEMENT

1. The Online Store provides the Seller with the possibility of remote presentation of the Products and their prices and the invitation of Users to conclude Sales Agreements regarding the Goods and other agreements regarding Products other than the Goods.

2. The Online Store does conduct the wholesale or sell the Products for their further resale.

3. Photographs and descriptions of the Goods posted in the Online Store are illustrative materials, which are only intended to enable the User to develop a general idea of the properties, appearance and operational parameters of the Goods. In particular, the appearance of the Goods in the photographs presented in the Online Store may differ slightly from the external appearance of the Goods issued to the Buyer, which may result from other settings of the Buyer’s monitor, lighting conditions, etc., factors only related to the Internet using for shopping. The above-mentioned reservations do not apply to technical specifications made available in the Online Shop as well as product model designations. For the avoidance of doubt, this provision shall not have the effect of limiting the liability of the Seller to the Buyer being a Consumer.

4. In any doubt, the announcements, advertisements, price lists and other information placed in the Online Store are not considered as the offer, but for the invitation to enter into a agreement. They also do not constitute the assurance of the Seller.

 

IV. USING THE ONLINE STORE

1. Information about the User provided during the purchase process is collected by the Service Provider and the Seller to whom the User has placed the Order or with whom concluded the Sales Agreement. The User has the option to enter the address of residence or address for the Delivery of the Goods in order to execute the Order.

2. Before submitting the Order, the User is required to fill in a relevant electronic form (available at the Online Store) by entering the data necessary for identification and conclusion and performance of the Sales Agreement or contracts for the provision of services under the Products other than the Goods required by the Service Provider. The data necessary for the User’s identification shall be personal data including the User’s first and last name, e-mail address of the User, telephone number and address of possible delivery of the Goods or provision of services under other Products.

3. Each time filling in an electronic form that allows placing an Order is tantamount to concluding a new agreement between the User and the Service Provider for the provision of Services. Such an agreement expires and loses binding force between the parties when: a) the given order is canceled, or b) the Sales Agreement or the contract for the provision of services under the Products other than the Goods concluded in connection with the Order is executed by the parties, or loses the binding effect between them for other reasons provided by the law, or in the event that the data entered by the User prevent the performance of the Sales Agreement or the contract for the provision of services under the Products other than the Goods.

4. The User, irrespective of the way of placing the Order, in the case of “collection at home” indicating as a place of receipt, is obliged to provide the following data: name, surname, e-mail address, telephone number, correspondence address – including street, house number, apartment number, post code/city.

 

V. ORDER

1.The User may place an Order by remotely filling in an appropriate electronic form in the Online Store, subject to acceptance of the Terms and Conditions,

2.Information about the main features, price and availability of the Product is displayed in the Online Store at the photograph or in the description of the Product. Orders placed after 05:00 p.m. and on public holidays will be considered on the next working day. The services may be inaccessible to Users during periodic maintenance of the Online Store and in case of its failure.

3. In order to place the Order, the User – through access to the Online Store:

a)    selects the Goods to be the subject of the Sales Agreement, or a Product other than the Goods, by adding it to the Cart;

b)    selects the place of Goods Delivery. The price and date of Delivery of the Goods to the place indicated by the User are indicated at the Product;

c)    chooses the payment method from the options marked as available in the Online Store or in the manner available from the Seller in the event of selection of the receipt from the Seller;

d)    verifies the correctness of the entered/selected details of the Order, in particular the quantity and type of Products ordered, the place of receipt, performance of the Product or Delivery of Goods, data of the User and the price for the Product or price for the Delivery of the Goods and method of payment;

e)    confirms as binding the provisions of the Terms and Conditions.

f)    marks the “Order” option, which means that placing an order involves a payment obligation.

5. In the case of “sending to the address”, the User is obliged to provide the following data: name, surname, company name, correspondence address – including country, street, house number, apartment number, post code, city, phone number, e-mail.

6. If the User indicates a delivery address other than the correspondence address, is obliged to provide the following data: name, surname, company name, delivery address – including country, street, house number, apartment number, post code, city, number phone. The Buyer is responsible for correct provision of the delivery address and for receipt of the parcel at this address by third parties.

7. The Seller considers the placed order in terms of its feasibility. The condition of the Order Confirmation is availability.

8. In the event that, as part of the service proposed by the Seller, the User orders the assembly service of the Goods on the item belonging to the User, the User is obliged to provide the element belonging to them at their own expense. The user bears sole responsibility for the completeness and condition of the delivered item and proper securing of the delivery. The responsibility for the item passes to the Seller only when confirms receipt of the shipment without stating (in the form of a protocol) any defects, damages or other defects of the item and the packaging. The Seller is not liable for completeness, damage and defects which, under normal circumstances, could not have noticed when receiving the item.

9. The User may cancel the Order until the conclusion of the Sales Agreement or the contract for the provision of services under the Products other than the Goods (Order Confirmation).

10. In the event that the execution of a part or the whole of the Order will not be possible, the Seller shall without undue delay (by e-mail or telephone): a) inform the User about the cancellation of the Order in its entirety (the Order is considered unsold) or b) offer the User to cancel the Order in part, in which its implementation is not possible. If this option is chosen by the User, the subject of the Sales Agreement or the contract for the provision of services under the Products other than the Goods concluded in the execution of a given Order will be Products covered by the remaining part of this Order (in the part impossible to carry out, this order will be considered unsold).

11. Within two (2) consecutive days after receiving from the Seller a proposal to cancel the Order in part, the User may confirm to the Seller in a suitable form (i.e., by e-mail) their consent to partial cancellation of the Order. If, within this period, the User does not provide the Seller with an appropriate confirmation, the relevant Order shall be treated as canceled in its entirety by the User.

12. The Seller confirms the possibility, readiness and joining the Order by sending the Order Confirmation to the User via the Online Store.

13. The content of the Order and the related Sales Agreement and the content of the Clauses accepted by the User in the form binding the Party on the date of conclusion of a given Sales Agreement is made available to the User on the Account or sent as the Order Confirmation with appropriate links to the content of the Terms and Conditions. This provision applies to agreements for the provision of services under the Products other than the Goods and regulations made available via the Online Shop regarding contracts for the provision of services under the Products other than the Goods.

14. Confirmation of the Order will be sent by the Seller via the Online Store no later than within two (2) days from the date of New Order sending.

15. The Sales Agreement is concluded and takes effect between the Seller and the Buyer, upon delivery of the Order Confirmation (e-mail message in the subject “Confirmation of the Order”) to the Buyer’s e-mail server. The day of delivery of an e-mail message in the subject of “Confirmation of Order” is considered to be the date on which the e-mail was received by the e-mail server servicing the e-mail address provided by the Buyer in the electronic form of the Order. This provision applies to contracts for the provision of services under the Products other than the Goods.

16. The Seller is not responsible for errors committed by the Buyer when placing the Order or its modification.

17. The User will be informed by the Seller about the current status of the Order (via SMS or e-mail, as well as via an Account or via the Call Center).

18. The User who chose the online payment as payment method (Przelewy24, e-transfer via the Internet) is obliged to pay for the ordered Goods, at the latest within two (2) calendar days (including Saturdays, Sundays and public holidays, in the meaning of the Act on Non-working Days – Journal of Laws of 2015, item 90, as amended), following the day on which the Order was placed. The Online Store reserves the right to cancel the Order in violation of the conditions set out in the preceding sentence, upon prior notification of the User.

19. The User, who chose payment by traditional transfer as payment method, is obliged to pay for the ordered Goods, at the latest within two (2) business days (excluding Saturdays, Sundays and public holidays, within the meaning of the Act on non-working days – Journal of Laws of 2015, item 90, as amended), following the day on which the Order was placed. The Online Store reserves the right to cancel the Order in violation of the conditions set out in the preceding sentence, upon prior notification of the User.

20. The Buyer selects the payment method by selecting the appropriate option on the store’s transaction website. In the case of payment by bank transfer, the buyer covers all operational costs (commissions, taxes and handling fees related to the transfer). The Seller does not pay any fees for the incoming transfer. In the case of underpayment in the price resulting from the deduction of transfer costs, the Seller shall call the Buyer by e-mail to the surcharge within 3 days and has the right to withhold the shipment of the goods until the missing amount is completed by the Buyer. If the Buyer does not complete the missing amount, the Seller has the right to withdraw from the Sales Agreement and return the paid part of the price to the Buyer deducing the costs of the transfer to the Buyer.

21. Delivery costs are provided directly on the store’s transactional page, at the time of purchase and result from current prices used by the courier company upon delivery to the country indicated by the Buyer.

 

VI. OTHER RIGHTS AND OBLIGATIONS OF THE ONLINE STORE

1. The Service Provider takes measures to ensure the proper operation of the Online Store and undertakes to remove any unnecessary delays in the operation of the Online Store.

2. The Service Provider is obliged to consider any complaints made by the User regarding irregularities, defects or interruptions in the provision of Services and the functioning of the Online Store, within no more than seven (14) days, and in justified cases up to thirty (30) days. For the avoidance of doubt, it is stipulated that the above provision, regarding the extension of the deadline for reply (up to 30 days), does not apply to complaints about Goods submitted by Buyers who are Consumers.

 

VII. OTHER RIGHTS AND OBLIGATIONS OF THE USER

1. The User is obliged to: a. use the Services in a way that does not interfere with the functioning of the Online Store, b. not take actions such as: sending or placing unsolicited commercial information in the Online Store, taking steps to gain possession of legally protected information that the User was not the addressee, c. use the Services in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as with the customs accepted in the given field, d. not provide or forward the content prohibited by the provisions of applicable law.

2. The User has the right to notify the Service Provider of any violation of their rights, as well as any violation of the rules set out in the Terms and Conditions.

3. The User has the right to notify the Service Provider of any irregularities, faults or interruptions in the functioning of the Online Store website and the improper quality of the Services.

4. The User has the right to terminate the use of the Service at any time.

5. Any questions, doubts, complaints about irregularities, defects or interruptions in the provision of Services and the functioning of the Online Store should be reported by the User at the Call Center.

6. Some messages sent to the User by the Service Provider or the Seller by e-mail are automatically generated by the ICT systems of the Service Provider or the Seller. Such automatically generated messages will be appropriately mentioned (with the message “Automatically generated message, please do not reply to it.” or similar). The User acknowledges that the Service Provider or Seller is not able to read the contents of any information that the User would send back, i.e., by sending an e-mail in response mode to the e-mail address of the Service Provider or Seller (to the e-mail address from which an automatically generated e-mail has been sent). In connection with the above, before sending of any messages directed to the Service Provider or the Seller by e-mail, the User should make sure they direct them to the correct e-mail address, i.e., indicated by the Service Provider or the Seller as appropriate for correspondence. In case of doubt, information about the correspondence addresses of the Service Provider and Sellers can be found in the Online Store or get at the Call Center number.

7. The User undertakes that in connection with the use of the Online Store will not be:
a)    violate the Terms and Conditions,

b)    provide misleading data or infringing the rights of third parties,

c)   infringe the property rights or personal rights of the Service Provider or third parties, in particular the personal rights of other Users,

d)   behave in a manner that are inconsistent with the Terms and Conditions, good customs or applicable law.

 

VIII. WITHDRAWAL FROM THE AGREEMENT FOR SERVICES PROVIDING

1. The User has the right to withdraw from the agreement for the provision of Services without giving reasons by submitting a relevant statement in writing within thirty (30) calendar days starting from the date of conclusion of the agreement for the provision of Services. The above provisions do not limit the possibility of terminating the agreement for the provision of Services, also after the expiry of the above-mentioned time limit, in the mode provided for in the Terms and Conditions.

2. The User can perform the right to withdraw from the agreement for the provision of Services indicated in point 1 above by sending a statement of withdrawal from the agreement for the provision of Services at the address of the Service Provider.

3. A model statement of withdrawal from the agreement for the provision of Services can be found in the “Support” tab.

4. In the event of withdrawal from the agreement for the provision of Services, this agreement is considered void.

 

IX. PERSONAL DATA PROTECTION AND PRIVACY POLICY

The User’s rights and obligations with regard to personal data are set out in the Privacy Policy at the address:  https://inpeak.pl/en/privacy-policy/

 

X. CONTENTS

1. The User acknowledges and accepts that the Online Store is not a forum made widely available for the publication of any content, but serves to exchange factual and lawful and decent information (including opinions, comments and evaluations) regarding Services or Products. In connection with the above – using the Online Store by posting the Content – the User agrees to limit the freedom of the speech and acknowledges and accepts that the Content which posting is allowed:

a) they are informative in nature and do not constitute advertising within the meaning of the Act of 16 April 1993 on Combating Unfair Competition (i.e., Journal of Laws of 2003, No. 153, item 1503, as amended) and the Act of August 23, 2007 on counteracting unfair market practices (Journal of Laws No. 171, item 1206, as amended),

b) they do not infringe on the copyrights of third parties, in particular they do not constitute a plagiarism of other works, and the User must be their only author,

c) they do not contain e-mail addresses, addresses to websites, IM numbers, product prices, etc.,

d) they do not contain vulgarisms,

e) they are not offensive or threatening,

f) they do not violate the personal rights of natural persons, neither legal nor good manners,

g) they do not conflict with the interests of the Service Provider or the Seller, in particular they do not contain references to entities operating in competition with the Service Provider or the Seller,

h) they do not contradict the Terms and Conditions or contain other content prohibited by applicable law.

4. The User has the right to notify the Service Provider operating the Seller’s online store of any violation of their rights, as well as any violation of the rules set out in the Terms and Conditions by posted Content.

5. All reservations regarding the Content should be submitted by the User under the Call Center number or via the contact form located in the Online Store.

6. The Service Provider operating the Seller’s online store reserves the right to remove or not publish Content in the event of non-compliance with the Terms and Conditions or law or good practices, and block the publication of the Content to persons notifying the provisions of these Terms and Conditions in a notorious manner, in particular as a result of receiving official notice or obtaining from interested persons credible information about the unlawful nature of the posted Content. The Service Provider may also transfer the Users’ data in their possession – authors of the Content to courts, prosecutors, police and other authorized state authorities for the purposes of proceedings conducted by them.

 

XI. COPYRIGHT

1. The website of the Online Store is protected by copyright. All rights not granted to the User by virtue of the provisions of the Terms and Conditions are reserved. Users may use the products and databases contained on the Online Store websites only in the scope of the allowed use designated by the provisions of the Act of 4 February 1994 on copyright and related rights and the Act of 27 July 2001 on the protection of databases. In particular, except for the cases specified in these provisions, it is prohibited to: reproduce, copy, transfer, distribute of store some or all of the content of the Online Store website for commercial purposes without the prior written consent of the Service Provider operating the Seller’s online store and the Seller, unless otherwise stated in Terms and Conditions.

2. The Service Provider operating the Seller’s online store and the Seller grant the consent to the User to print copies or extracts from the Online Store’s website solely for the User’s own use, not related to the User’s business or professional activity.

 

XII. OUT-OF-COURT SETTLEMENT OF DISPUTES

1. Details on the ways and access to out-of-court dispute resolution can be found at: http://www.uokik.gov.pl/spory_konsumenckie.php.

2. Settlement of any disputes arising between Inpeak and the Client who is not a consumer within the meaning of art. 22 [1] of the Civil Code, is subject to the court with jurisdiction over the registered office.

3. In matters not covered by these Terms and Conditions, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services and other relevant provisions of the Polish law shall apply. In the event of controversial issues, if the Consumer so wishes, they can use the equivalent and lawful methods of pre-litigation or out-of-court dispute resolution, e.g. via the EU ODR internet platform at http://ec.europa.eu/consumers/odr/. As a last resort, the matter is settled by the court of local and material jurisdiction.

 

XIII. COMPANY’S DATA

INPEAK S.C.
Zabrodzka 40/2 street
52-336 Wrocław
POLAND
TAX NR: 899 280 96 30
REGON: 366510542

 

XIV. FINAL PROVISIONS

1. Terms and Conditions are available in the Online Store.

2. If the provisions of the Terms and Conditions are deemed void or ineffective, the invalidity or ineffectiveness of this provision shall not affect the validity or effectiveness of the remaining provisions of the Terms and Conditions. The Service Provider will endeavor to replace the invalid or ineffective provision with a new, lawful provision.

3. Based on Article. 6 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended), the Service Provider informs the User, at their request, in the form chosen by them, of specific risks related to the use of any services provided electronically.

4. The User hereby declares that they have read the Terms and Provisions, understand the content of these documents and fully accept them and undertake to comply with them.

5. Terms and Conditions come into force on 16.08.2018.