Terms of sale - AC Energia

Terms and conditions of sale

GENERAL CONDITIONS OF SALE USING

ŚRODKÓW POROZUMIEWANIA SIĘ NA ODLEGŁOŚĆ ORAZ ŚWIADCZENIA USŁUG DROGĄ ELEKTRONICZNĄ

GENERAL PROVISIONS

These General Terms and Conditions of Sale (hereinafter also referred to as "GTS"), define the rules for making purchases from the Seller via the Seller's Online Shop offering spare parts and consumables for air-conditioning units (hereinafter: "Products"), available at: https://acenergia.com.pl (hereinafter referred to as the "Online Shop" as the "E-Store"). Please read the following General Terms and Conditions of Sale of the E-shop.

These GTCS apply to and are only valid for Entrepreneurs. They do not apply to Consumers. Consumers are requested to read and accept the Terms and Conditions of Sale.

Retail sales of Products via the Internet and the website at https://acenergia.com.pl is conducted by AC Energia Arkadiusz Czajka, ul. Ogrodowa 16, 22-604 Tarnawatka-Tartak, NIP: 9212016915; REGON: 365053309 (hereinafter referred to as "Seller" or "Service Provider" depending on the context).

Contact with the Service Provider can be obtained: using the e-mail address: kontakt@acenergia.com.pl.

1 DEFINITIONS

The General Terms and Conditions of Sale (GTS) are a document specifying the rights and obligations of the Seller and the Buyer in connection with the conclusion of agreements for the sale of Products via the Online Shop in the scope of services provided electronically within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Journal of Laws of 2017, item 1219, as amended, hereinafter also referred to as the "UŚUDE").

Buyer (Entrepreneur, Customer) - i.e. a buyer who is a natural person with full legal capacity according to the legal order of the Member State of which he is a citizen, a legal person or an organisational unit without legal personality, making a purchase in the Online Store directly in connection with his business or professional activity. For the avoidance of doubt, a purchaser who has added his/her TIN at the stage of Account registration in the Online Shop shall in particular be deemed to be an Entrepreneur.

Countries of Delivery - countries to which delivery of the Product(s) is possible: Poland, United Kingdom, Ireland, Czech Republic, Slovakia, Germany, Netherlands, France, Sweden, Denmark, Austria, Belgium, Italy, Bulgaria, Romania, Hungary, Croatia, Slovenia, Lithuania, Latvia, Estonia, Luxembourg, Norway (only in the European part of these countries, i.e. excluding overseas territories, etc.).

User - an entity using the Online Shop until it logs into its Online Shop Account.

Account - a subpage of the Internet Shop available after the User registers on the website of the Internet Shop. After registration, access to the Account requires logging in each time.

Product(s) - a movable item in singular or plural number from the Seller's assortment available at the Online Shop to which the Sales Agreement applies.

Sales Agreement - a contract of sale of Products between the Seller and the Buyer, using the Online Shop, which involves the obligation of the Buyer to pay to the Seller the entire price indicated for the ordered Product and to cover the costs of shipping the ordered Product by the Buyer.

Service (E-shop, Online Shop) - the Seller's website available at https://acenergia.com.pl, through which the Buyer purchases the Products.

Party or Parties - the Seller/Service Provider or the Buyer/Service Recipient.

Commercial information - information about the Products displayed on the Online Shop. Commercial information on price and availability of a Product, at the stage before adding the Product to the Basket and logging into the Account, shall not constitute an offer within the meaning of Article 14 of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Journal of Laws 1997 No. 45, item 286 as amended), as well as Article 66 of the Civil Code, but only an invitation to start negotiations.

Offer - the content marked "Order Summary", displayed to the Buyer after the Product has been added to the Basket and after logging into the Account.

Order - the Buyer's declaration of will specifying unambiguously the type and quantity of Products, aiming directly at the conclusion of a Distance Sales Agreement via the Internet Shop.

Order Form - a form available on the Website by means of which the Buyer may place an Order.

Clauses - consents in the form of the so-called "check-boxes" within the form available on the website of the Internet Shop at the stage of registration in the Internet Shop, whereby marking consent to the content of these GTS and Privacy Policy also means consent to the Seller sending invoices electronically, in accordance with the content of the GTS and is necessary for registration, and consent to processing personal data for marketing purposes and sending commercial information electronically - optional and does not affect the possibility of registering on the Website and placing Orders.

2 GENERAL PRINCIPLES

The online shop conducts retail sales via the Internet.

Orders can be placed 24 hours a day, 7 days a week, all year round.

All Products offered in the Online Shop are brand new and free from physical and legal defects.

Commercial information contained in the Online Shop does not constitute an offer within the meaning of Article 14 of the United Nations Convention on Contracts for the International Sale of Goods (Convention of 11 April 1980) and Article 66 of the Civil Code, but is an invitation to make an offer, even if the information contains a unit price for the goods.

All prices presented in the Online Shop are net prices given in Polish zloty (to which VAT should be added). The prices do not include the cost of transport of the Products to the place indicated by the Buyer. The cost of transport depends on the method of delivery of the Product selected by the Buyer at the stage of completing the Order Form.

The price of a Product presented in the Online Shop before adding the Product to the Basket has only the character of an invitation to start negotiations and may differ from the price of the Product after adding the Product to the Basket. The price difference is affected by current promotions each time. In addition, regular customers may have the opportunity to purchase Products on terms and conditions determined individually for them.

The time of commencement of the Order coincides with the time of payment by payment card, credit card or bank transfer, the execution of which will be confirmed by the payment operator.

The Seller may refuse to accept or fulfil an Order in whole or in part for valid reasons, and in particular if:

The product indicated in the Order is no longer available or delivery cannot be made within the period specified for the Order,

The execution of the Order is not possible due to the incorrect operation of the computer system of the Internet Shop,

The data provided by the buyer is untrue, incomplete or inaccurate and the seller has not been able to ascertain this data despite attempts,

The delivery address of the Product is not within the territory of the Delivery States;

The trader, who is a natural person, does not have full legal capacity according to the legal order of the Member State of which he is a citizen or has not consented to the processing of his personal data by the Seller as required by the GTS.

The order has not been paid for within seven (7) days of its placement.

The Seller shall promptly, not later than within 2 days from the date of placing the Order, inform the Purchaser of impossibility of execution of part or all of the Order for reasons specified in sec. 8 to the e-mail address specified in the Order Form, unless the reasons specified in sec. 8 (c) occur. In such case the Purchaser may cancel the Order in the part in which completion is not possible within the prescribed time limit or cancel the Order in its entirety by informing the Seller thereof via e-mail or in writing to the address of the Seller's registered office.

In the event that the Buyer resigns from the Order in accordance with the procedure specified in Paragraph 9 or the Order cannot be completed in its entirety, if the Buyer has already paid for the ordered Product in advance, the Seller shall promptly refund to the Buyer the price paid or an appropriate part thereof, in the event that the Order is to be completed in part. The refund shall be made using the same method of payment used by the Buyer, unless the Buyer expressly agrees to a different method of refund - in any case, the Buyer shall not incur any charges in connection with such refund.

The Seller shall be entitled to send invoices electronically to the e-mail address provided in the e-mail address field at the stage of Account creation. The Buyer may change the aforementioned address to any other.

3 PLACING ORDERS

It is a condition for the Buyer to place an Order in the Online Shop that:

to become acquainted with these GTCS and to accept their provisions;

acceptance that the Order involves an obligation to pay;

correct, complete completion of the Order Form by:

making a selection of the type, quantity of the Product by clicking on the "Add to basket" button on the website of the Online Shop;

selecting the delivery method, payment method, specifying the place of delivery of the Products, by clicking on the appropriate button in the Online Shop.

providing the individualising data marked with "*" as mandatory; in the event that the data provided is not complete, the Seller will attempt to contact the Buyer. If it is not possible to contact the Buyer due to incorrect or inaccurate data provided, the Seller has the right to cancel the Order.

ticking the Clauses confirming that the Buyer has read and accepted the GTCS and the Privacy Policy, which also means consent to the sending of invoices electronically. The Buyer is not obliged to accept the remaining Clauses.

acquaintance by the Buyer with the final wording of the content of the Offer binding on the Seller, displayed on the website of the Online Shop after performing the actions specified in points (a)-(d) marked as "Order Summary".

confirmation of the wish to conclude a Sales Contract on the terms and conditions specified in the Offer by clicking the "Buy and pay" button.

In order to enable the Buyer to become acquainted with the final wording of the Sales Agreement to be concluded with the Buyer after the Buyer clicks the button "Place order with obligation to pay", in particular in order to enable the Buyer to detect and correct any errors in the data entered by him/her, including making changes to his/her data, the Buyer should click on the button - "Next - Order summary". The offer displayed at the "Order Summary" stage ceases to be binding on the Seller as soon as the Buyer closes the webpage of the Online Shop without clicking on the button "Place order with obligation to pay" or as soon as the Buyer makes changes to the content of the Offer.

Until the Buyer clicks on the "Buy and pay" button at the "Order summary" stage, the Buyer may, at any time, change a previously made Product selection by deselecting a previously selected selection option or interrupt the Product purchase process and cancel the Product purchase.

Clicking the "Buy and pay" button means:

confirmation by the Buyer of the accuracy of the Buyer's data,

confirmation by the Buyer of the receipt of an Offer and its simultaneous acceptance resulting in the conclusion of a legally effective Sales Agreement by the Buyer with the Seller on the terms and conditions specified in the Offer displayed on the website of the Online Shop at the "Order Summary" stage and on the terms and conditions specified in the GTS.

As soon as the Buyer clicks on the "Buy and pay" button, a message is sent to the Buyer via e-mail, to the address provided by the Buyer during Account registration, confirming all terms and conditions of the concluded Sales Agreement. Notwithstanding the above, the terms and conditions of a Sales Agreement accepted by the Buyer are available to the Buyer under the tab "Order history" with the possibility of a printout by the Buyer himself. In order to secure for own needs the content of GTS in the version valid at the time of conclusion of the Sales Agreement, the Seller suggests copying the content of GTS and saving it on the Buyer's computer disk.

It is also possible to place an Order by e-mail or telephone, taking into account all the conditions, including providing all the aforementioned information and making all the necessary declarations of will or knowledge referred to in section 1 items (a) - (e), resulting in the conclusion of the Sales Agreement.

The Buyer acknowledges that, in accordance with applicable laws, the processing of his/her data is necessary for the performance of the contract and necessary to take action prior to the conclusion of the contract. When placing an Order, the Buyer has the option to consent to the inclusion of his/her personal data in the database of the Seller's Online Shop and its processing for direct marketing purposes.

In any case, the Buyer has the right to inspect his data, correct it and request its deletion.

Information on the processing of personal data is set out in the Privacy Policy, which can be found at https://acenergia.com.pl/polityka-prywatnosci/.

4 TRANSPORT COSTS. LEAD TIME AND SHIPPING.

The Product will be delivered to (a) the mode of transport chosen by the Buyer in the Order Form and (b) the place of delivery.

The Seller shall inform the Purchaser immediately of any incorrectly completed Order Form which prevents or delays shipment, subject to § 2, section 8 (c) of the GTCS.

Due to the nature of the Products, they are delivered exclusively by specialised transport companies.

The consignment containing the ordered Products shall be delivered in accordance with the date specified when the Order is approved, once the delivery address has been specified. This is an indicative delivery time. Due to payment by payment card, credit card or bank transfer, the time of crediting the funds to the Online Shop's bank account should be added to the delivery time indicated on the pages of the Online Shop (usually up to 2 (two) working days).

The buyer is charged for delivery (shipping) as specified in the price list of transport available in the Online Shop. The amount of charges depends on the type of transport. The final amount of transport costs will be the result of the calculation of the Order, made visible prior to its submission - this calculation takes into account the weight and dimensions of the Product and the place of delivery.

5 PAYMENTS

An individualised proof of purchase, i.e. a VAT invoice, is issued for each Product sold.

The Seller allows the following methods of paying the price for the ordered Product:

By bank transfer - to the bank account number indicated by the Seller in the Order Confirmation.

The Purchaser agrees that electronic images of settlement documents, in particular such as VAT invoices with attachments, corrective VAT invoices with attachments and forms, may be issued and sent electronically to the e-mail address indicated by the Purchaser. This consent also entitles the Seller to issue and send electronic invoices. At the express request of the Buyer and without any additional charge, the Seller shall issue and send the relevant sales documents in paper form.

6 PRODUCT DELIVERY AND COLLECTION.

Deliveries shall be made on the territory of the Delivery States (only in the European part of these States, i.e. excluding overseas territories, etc.).

Before collecting the consignment containing the Ordered Products from the delivering transport company, the Buyer is obliged to check that the packaging has not been damaged in transit. In particular, attention should be paid to the condition of the tapes or seals affixed to the consignment. If the packaging of the consignment bears the signs of damage or if the seals (tapes) are broken, the consignment should not be accepted. The Buyer should draw up, in the presence of the person delivering the consignment containing the Products from the Order, a damage report or other confirmation of the condition of the consignment and contact the Seller as soon as possible to clarify the matter. Failure to ascertain irregularities in the quantitative or qualitative condition of the consignment upon receipt may, in principle, have a negative impact on the outcome of the examination of the Buyer's claims.

The Seller is obliged to deliver the Product to the Buyer no later than within 30 days from the conclusion of the Sales Contract.

7 WITHDRAWAL FROM THE CONTRACT

An entrepreneur who has concluded a Sales Contract via the Online Shop is only entitled to withdraw from the Contract if the Seller's breach of contractual obligations is material.

Subject to § 6.2, the following shall be deemed a material breach of the obligations of the Sales Agreement by the Seller: failure to deliver the Product on time, after the ineffective expiry of an additional 14-day delivery period, delivery of a defective or incomplete Product in a manner that prevents the Product from being used for its intended purpose.

The right of withdrawal from the Sales Contract does not apply:

Products that cannot be purchased by adding them to the Basket in the Online Shop.

Products included in a promotion or constituting a prize under a promotion in relation to which the right of withdrawal will be excluded by the Seller in the description of the terms and conditions of the relevant promotion.

Products which have been used in any way, damaged or soiled goods or whose packaging is damaged or soiled.

Products exported outside the European Union.

The entrepreneur shall exercise the right of withdrawal from the Sales Agreement by making a written declaration within 14 days. This period is a non-extendible period and shall start from the day following the expiry of the additional delivery period referred to in paragraph 2 or the day of drawing up the protocol of damage with confirmation of the condition of the consignment referred to in § 6.2.

Sending the declaration before its expiry shall be sufficient to meet the deadline referred to in section 4. The Seller shall make it possible to submit a declaration of withdrawal from the Sales Agreement by e-mail to kontakt@acenergia.com.pl, or in writing to the address of the registered office of the AC Energia Arkadiusz Czajka (Słoneczna 18M, 05-126 Stanisławów Pierwszy, Poland), using the model withdrawal form constituting Attachment No. 1 to these GTS.

The Product returned as a result of withdrawal from the Sales Agreement should be returned fully complete, and the Product itself and the accessories should be undamaged and bear no traces of use, indicating that the Product has been used other than for the purpose of inspection.

If you exercise your right of withdrawal from the Sales Contract, you must return the returned Product at your own expense to the following address
Słoneczna 18M, 05-126 Stanisławów Pierwszy .The Seller also provides the possibility to return the Product at the Buyer's expense via a transport company sent to the Buyer.

The return shipment shall be accompanied by a written statement of withdrawal from the Sales Agreement (in accordance with the form constituting Attachment No. 1 to GTS) and the bank account number to which the Seller is to return the amount paid for the Product and the costs of its delivery to the Buyer, provided that if the Buyer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not reimburse to the Buyer the additional costs incurred on this account.

For Products returned as part of a complaint, § 8 shall apply instead of the procedure specified above.

8 COMPLAINTS PROCEDURE

The Seller is obliged to deliver/issue to the Trader Products that are not defective, with the exception of discounted Inferior Products, in relation to which placing an Order by the Buyer is tantamount to consenting to receiving an Inferior Product, for this reason subject to discount.

In the case of non-conformity of the Product with the Sales Agreement, the Entrepreneur may submit a complaint to the Seller via e-mail to the following address: kontakt@acenergia.com.pl or in writing to the address of the Seller's registered office: AC Energia Arkadiusz Czajka, Słoneczna 18M, 05-126 Stanisławów Pierwszy

Complaints concerning missing Products or damage visible immediately upon receipt of the consignment must be reported immediately upon receipt.

Complained Products should be delivered to the Seller together with a completed "Complaint/return protocol" constituting Appendix No. 2 to these GTS. "Complaint/Return Protocol" The consignment should be marked with the information: "COMPLAINTS/RETURN OF GOODS" and sent or delivered in person to the Seller's address: Słoneczna 18M, 05-126 Stanisławów Pierwszy. The Seller also provides the possibility to complain about/return the Product through a transport company sent to the Buyer at the Buyer's expense.

The Seller shall, within 14 days of receiving a notification from the Trader, respond to the complaint received from the Trader and inform the Trader of the manner of resolving the complaint in writing or by e-mail.

The shipping costs of the advertised/returned Product to the Seller shall be borne by the Buyer. If the complaint is found justified, the Seller shall reimburse the Buyer with the costs of shipment, however not more than the cost of standard shipment.

If the complaint is recognised as valid, the Seller shall immediately replace the defective Product with a new one and deliver it to the Buyer at the address indicated by the Buyer.

9 PRIVACY POLICY AND DATA PROTECTION

The Seller is the administrator of the databases of personal data submitted by the Buyers via the Online Shop in relation to the performance of the Sales Agreement.

The Entrepreneurs' data are used for the purpose of executing the Sales Contract and may therefore be transferred to the entities responsible for transporting the purchased Products to the Buyer. Buyers have the right to access and correct their data. The data is provided voluntarily.

10 FINAL PROVISIONS

In matters not regulated by these GTS, the provisions of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Journal of Laws 1997 No. 45, item 286 as amended) and the Act of 23 April 1964. - Civil Code (Journal of Laws 1964 No. 16 item 93 as amended).

Any disputes arising in connection with the conclusion of the Sales Contract shall be examined by the court having jurisdiction over the Seller's registered office.

The Seller has the right to amend these GTCS and the Privacy Policy, however, the Buyer shall be bound by the provisions in force at the time of placing the Order.

The Seller's failure to take prompt legal action in the event of the Buyer's breach of these General Terms and Conditions of Sale shall not constitute a waiver of the Seller's ability to assert its rights.

The General Terms of Sale shall enter into force on the date of publication.

Date of publication of the General Terms and Conditions of Sale 05.12.2019.

These GTS constitute a work within the meaning of Article 1(1) of the Act on Copyright and Related Rights. Their unlawful copying in whole or in part exposes the perpetrator to legal liability as defined by mandatory legal regulations.

Annex 1 to GTS

Place, date

Name of buyer

AC Energia Arkadiusz Czajka

Headquarters address
16 Ogrodowa St., 22-604 Tarnawatka-Tartak

Statement

of withdrawal from a distance contract

I declare that, pursuant to § 7 para. 1 and para. 4 of the GTS, I withdraw from the sales contract for the following AC Energia brand products:

_________________________________________________(szt.)_______

concluded on ______________________** with receipt date______________________

ID Palety: 229_________________________________________________________

Please refund the purchase price of _________ PLN (in words: _____________________ PLN .../100) by transferring _________ to the bank account held by _______________ with the number:_________________________.

I return the Products in unaltered condition.

________________________

Buyer's signature

* please enclose a copy of the proof of purchase

RULES OF SALE BY MEANS OF DISTANCE COMMUNICATION AND ELECTRONIC SERVICES

GENERAL PROVISIONS

These Terms and Conditions of Sale set out the rules for making purchases from the Seller via the Seller's Online Shop offering spare parts and consumables for air conditioning units available at: https://acenergia.com.pl/ (hereinafter referred to as the "Online Shop" or as the "E-Store". Please read the following Terms and Conditions of the E-shop.

These Terms and Conditions apply to and are only valid for Consumers. It does not apply to entrepreneurs. Entrepreneurs are requested to read and accept the General Terms and Conditions of Sale.

The purchaser may only be a person of full legal age with full legal capacity.

Retail sales of Products via the Internet and the website at https://acenergia.com.pl/ is conducted by AC Energia Arkadiusz Czajka, ul. Ogrodowa 16, 22-604 Tarnawatka-Tartak, holding NIP: 9212016915, REGON: 365053309, (hereinafter referred to as "Seller" or "Service Provider" depending on the context). Contact with the Service Provider can be obtained: using the e-mail address: kontakt@acenergia.com.pl.

1 DEFINITIONS

Rules of Sale, Terms and Conditions - these rules and regulations with regard to services provided electronically are the rules and regulations referred to in Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000. on certain legal aspects of information society services, in particular electronic commerce, in the internal market of 8 June 2000 (Official Journal of the EU.L No. 178, p. 1) and in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Journal of Laws of 2017, item 1219, as amended, hereinafter also referred to as the "UŚUDE").

Buyer (Consumer, Consumers, Service Recipients, Service Recipients) - a buyer who is a consumer, i.e. a natural person making a legal transaction with the Seller which is not directly related to his/her business, trade, profession or craft, who has full legal capacity according to the legal order of the Member State of which he/she is a citizen, and who places or intends to place an Order or makes use of other services of the Online Store (consumer within the meaning of art. 2 item 1 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council of 25 October 2011. (Dz.Urz.UE.L No. 304, p. 64), hereinafter referred to as the "Directive", and also within the meaning of Article 221 of the Civil Code), being also a Service Recipient within the meaning of the Act on Provision of Services by Electronic Means.

Product(s) - a movable item in singular or plural number from the Seller's assortment available at the Online Shop to which the Sales Agreement applies.

Sales Agreement (Agreement) - an agreement for the sale of Products within the meaning of the Civil Code, concerning the sale of Products by the Seller to the Buyer against payment of the price plus shipping costs, the conditions of which are set out in particular in these Regulations. The Sales Agreement is concluded between the Buyer and the Seller, with the use of means of distance communication, after acceptance of the Order by the Seller under the terms and conditions specified in these Regulations. Agreement , which involves the obligation of the Buyer to pay to the Seller the entire price indicated with the ordered Product and the Buyer to cover the costs of shipment of the ordered Product.

Service (E-shop, Store, Online Shop) - the Seller's website available at https://acenergia.com.pl through which the Buyer purchases the Products.

Party or Parties - the Seller/Service Provider or the Buyer/Service Recipient.

Order - the Buyer's declaration of will specifying unambiguously the type and quantity of Products, aiming directly at the conclusion of a Distance Sales Agreement via the Internet Shop.

Order Form - a form available on the Website by means of which the Buyer may place an Order.

Clauses - consents in the form of the so-called. "check-boxes" within the form available on the website of the Internet Shop at the stage of registration in the Internet Shop, whereby marking consent to the content of these Sales Terms and Conditions and Privacy Policy also means consent to the Seller sending invoices electronically, in accordance with the content of the Terms and Conditions, and is necessary to conclude the Agreement (with or without registration), while marking consent to the processing of personal data for marketing purposes and to the sending of commercial information electronically is of optional nature and does not affect the possibility of concluding the Agreement (with or without registration).

2 GENERAL PRINCIPLES

As a condition of placing an Order in the Online Shop, the Buyer is required to read these Regulations, accept their provisions, tick the Clauses necessary to place the Order, as well as accept that the Order involves the obligation to pay.

The Internet Shop provides the following services electronically: the conclusion of Sales Contracts online (for the Products offered).

Technical conditions for the provision of electronic services, in particular:

The technical requirements necessary for the cooperation with the IT system used by the Internet Shop are as follows: connection to the Internet (with a minimum bandwidth of 1 mbits / 512 kbits),

an Internet browser capable of displaying hypertext documents (HTML) on a computer screen, such as Firefox, Chrome, Opera Internet Explorer or similar,

having an e-mail account.

It is also possible to use the E-Store services via web browsers installed on mobile devices (smartphones, tablets, etc.). The service provider warns that the use of the Internet may involve additional costs charged by operators.

The online shop conducts retail sales via the Internet.

All Products offered in the Online Shop are brand new and free from physical and legal defects.

Commercial information contained in the Online Shop does not constitute an offer within the meaning of Article 66 of the Civil Code, but is an invitation to make an offer, even if the information contains the unit price of the goods.

The provision of unlawful content by Service Recipients is prohibited.

3 PLACING ORDERS

All prices shown on the E-store website are gross prices in PLN (including VAT). Prices do not include shipping costs.

Orders are accepted via the website (Order Form).

Orders can be placed 24 hours a day, 7 days a week, all year round.

An order is effective if the Buyer correctly fills in the Order Form and correctly provides true contact details, including the exact address to which the Product is to be sent and a telephone number or e-mail address, and performs the effective actions within the scope specified in § 2.1 of these Regulations.

In the event that the data provided is not complete, the Seller will attempt to contact the Buyer. If it is not possible to contact the Buyer due to false, erroneous or inaccurate data provided or if, despite the Seller's attempt to contact the Buyer, it has not been possible to establish such data, the Seller has the right to cancel the Order.

The Buyer accepts that acceptance of the Order by the Seller implies the conclusion of a legally effective Sales Contract and the obligation to pay the price specified in the Order, including shipping costs.

The Buyer acknowledges that, in accordance with the applicable legislation, the processing of his/her personal data and address is necessary for the performance of the Contract and necessary to take action prior to the conclusion of the Contract. When placing an Order, the Buyer has the option to consent to the inclusion of his/her personal data in the database of the Seller's Online Shop and its processing for direct marketing purposes.

In any case, the Buyer has the right to inspect his data, correct it and request its deletion.

The buyer is asked to read the Privacy Policy, which can be found at https://acenergia.com.pl/polityka-prywatnosci.

After the Buyer has successfully placed an Order, the Buyer shall receive a confirmation of acceptance of the Order and the content of these Terms and Conditions in pdf format as at the date of the Order. Until receipt of the confirmation, the Buyer may cancel the Order.

The time of commencement of the Order shall coincide with the time of payment by payment card, credit card, fast bank transfer, blik, instalment payment or bank transfer, the execution of which shall be confirmed by the payment operator.

The Seller may refuse to accept or fulfil an Order in whole or in part for valid reasons, and in particular if:

The product indicated in the Order is no longer available or delivery cannot be made within the period specified for the Order;

it is not possible to carry out the Order due to the incorrect operation of the Online Shop;

the data provided by the Purchaser is untrue, incomplete or inaccurate and the Vendor has not been able to ascertain this data despite attempts to do so;

the delivery address is not within the territory of the Delivery States;

the person placing the Order is not of legal age or has not consented to the processing of his/her personal data by the Seller to the extent indicated in § 3 sect. 7 sentence 1 of the Terms and Conditions;

The order has not been paid for within 7 days of being placed.

The Seller shall promptly notify the Purchaser of impossibility of performance in part or in whole of the Order for reasons specified in sec. 12 to the Purchaser's e-mail address, unless the reasons specified in sec. 12(c) apply. In such case the Purchaser may cancel the Order in the part in which completion is not possible within the prescribed time limit or cancel the Order in its entirety by notifying the Seller thereof via e-mail or in writing to the Seller's postal address.

In the event that the Buyer cancels the Order in accordance with the procedure specified in sec. 13 or the Order cannot be completed in whole or in part, in particular, for the reasons specified in sec. 12, if the Buyer has already paid for the ordered Product(s) in advance, the Seller shall immediately refund to the Buyer the price paid or an appropriate part thereof, if the Order is to be completed in part. The payment shall be refunded using the same method of payment used by the Buyer, unless the Buyer expressly agrees to a different method of refund - in any case the Buyer shall not incur any fees in connection with such refund.

4 TRANSPORT COSTS. ORDER COMPLETION DATE.

The Product will be delivered to the address indicated by the Buyer in the Order Form.

The Seller shall inform the Buyer immediately of any incorrectly completed Order Form which prevents or may delay shipment, subject to § 3.12 of these Regulations.

Due to the nature of the Products, they are delivered exclusively by specialised transport companies.

The parcel is delivered in accordance with the date specified when the Order is approved, once the delivery address has been specified. This is an indicative delivery time. Due to payment by payment card, credit card or bank transfer, the time taken for the funds to be credited to the Online Shop's bank account should be added to the time given on the Website (usually up to 2 working days).

The Buyer shall be charged with the costs of delivery as specified in the price list of transport available on the E-shop. The amount of the transport costs depends on the type of transport, and the final amount of the delivery costs will be the result of the calculation of the Order, shown before placing it, taking into account the weight and dimensions of the Product(s) and the place of delivery.

5 PAYMENTS

A personalised proof of purchase, i.e. an invoice or receipt, is issued for each Product sold.

The Seller allows the following methods of paying the price for the ordered Product:

by bank transfer - to the bank account number indicated by the Seller.

6 PRODUCT DELIVERY AND COLLECTION.

Deliveries of Products are made within the territory of the Delivery States.

Before collecting the consignment containing the Product(s) of the Order from the transport company, it is advisable to check that the packaging has not been damaged in transit. In particular, attention should be paid to the condition of the tapes or seals affixed to the consignment. If the packaging of the consignment shows signs of damage or if the seals (tapes) are broken, the consignment should not be accepted. Moreover, it is recommended to draw up - in the presence of the person delivering the Product - a damage protocol or other confirmation of the condition of the parcel. In such a case, the Buyer should contact the Seller as soon as possible to clarify the matter. Failure to ascertain irregularities in the quantitative or qualitative condition of the parcel upon receipt may have a negative impact on the outcome of the consideration of the Buyer's claims for damage or robbery of the parcel in transit, however, each such case will be considered individually.

7 WITHDRAWAL FROM THE CONTRACT

A Buyer who has concluded a Sales Contract via the Online Shop has the right to withdraw from the Contract without giving any reason by submitting an appropriate declaration in writing. However, this is limited in time and is only valid for 14 days. This period is a non-extendable period and shall commence from the day following the day on which the Buyer or a third party indicated by the Buyer other than the carrier takes possession of the goods. In the case of a Contract that includes multiple items that are delivered separately, in batches or in parts, the period shall start from the day following the day on which the last item, batch or part takes possession (legal basis: Article 9 of the Directive and Articles 27 and 28 of the Consumer Rights Act of 30 May 2014. (consolidated text Dz.U. of 2017, item 683, as amended).

Sending the declaration before its expiry shall be sufficient to meet the deadline referred to in paragraph 1. The Seller shall provide the opportunity to make a declaration of withdrawal from the Contract:

by e-mail to kontakt@acenergia.com.pl, or

in writing to AC Energia Arkadiusz Czajka (ul. Ogrodowa 16, 22-604 Tarnawatka-Tartak, Poland).

whereby we suggest using the model withdrawal form attached as Appendix No. 1 to these Terms and Conditions. The model form can also be downloaded from the E-Store website, and you can also use the model constituting Appendix No. 2 to the Consumer Rights Act of 30 May 2014. (consolidated text Dz.U. of 2017, item 683, as amended).

The Seller shall immediately confirm on a durable medium (by electronic correspondence, to the e-mail address specified in the Order Form) receipt of the Purchaser's declaration of withdrawal from the Sales Agreement for the Product concluded at the Online Shop.

The consumer is obliged to return the item to the Seller no later than 14 days from the day on which he or she withdrew from the Sales Agreement. In order to meet the deadline it is sufficient to send the item back before its expiry. The Product returned as a result of withdrawal from the Agreement should be sent back fully complete, and the Product itself and the accessories should be undamaged and bear no traces of use, indicating that the Product has been used other than for the purpose of inspection. The Consumer should choose the method of shipment so that the Product reaches the Seller undamaged. Sending the Product back is connected with the Consumer's obligation to bear the costs, which, due to the specificity of the Product and the necessity to properly secure it, may be higher than sending a standard parcel by post. The Seller suggests using the services of the transport company referred to in paragraph 8 below. .

The consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product.

In the case of exercising the right of withdrawal from the Sales Agreement, the Consumer shall bear the direct costs of returning the Product or Products to the following address of the Seller AC Energia Arkadiusz Czajka, Słoneczna 18M, 05-126 Stanisławów Pierwszy.

If the right of withdrawal is exercised, the Seller shall reimburse the following costs incurred by the Consumer: payment for the Product(s) and the costs of delivery to the Consumer, provided that if the Consumer has chosen, when placing the Order, a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not reimburse the additional costs incurred by the Consumer on this account.

Due to the specific nature of the Products, in particular their size, weight and susceptibility to damage in the event of improper transport, the Seller suggests that the Consumer first send him a statement of withdrawal from the Sales Agreement. The Seller also suggests that the Consumer use the transport provided by the Seller, which, however, does not relieve the Consumer from the obligation to bear these costs (information about these costs is available on the E-shop website). The Seller points out that the transport provided by him may be cheaper and safer than if the Consumer organizes it on his own. If the Consumer would like to use the Seller's assistance in organizing the return of the Product and to agree with the Seller the date of Product collection, please contact us at the following email address: kontakt@acenergia.com.pl or in writing to the address of the registered office of AC Energia Arkadiusz Czajka(ul. Ogrodowa 16, 22-604 Tarnawatka-Tartak, Poland).

It is permissible to return the item at the same time as withdrawing from the Contract and without using the option to collect the Product without the Seller. In this case the Consumer should attach to the return shipment a written statement of withdrawal from the Contract (in accordance with Appendix 1 to the Terms and Conditions), and indicate the bank account number to which the Seller is to return the payment specified above, if it has not already been provided. The Seller shall refund the payment using the same method of payment used by the Consumer, and if the payment was made by other means than from the bank account indicated by the Consumer, the refund shall be made to the account number indicated by the Consumer for this purpose.

The Seller may withhold reimbursement until it has received the Product or until it has provided proof of return, whichever event occurs first.

For Products returned as part of a complaint, § 8 and § 9 shall apply instead of the procedure specified above.

8 COMPLAINT PROCEDURE - WARRANTY

The Seller is obliged to deliver/issue to the Purchaser goods that are not defective, with the exception of discounted non-defective goods, in relation to which placing an Order by the Purchaser is tantamount to agreeing to receive a non-defective Product, for this reason subject to discount.

The basis and scope of the Seller's liability towards the Buyer if the sold Product has a physical or legal defect (warranty) are defined in the provisions of the Civil Code Act, in particular in art. 556 and subsequent articles of the Civil Code.

If the sold Product has a defect, the Buyer may:

make a declaration on reducing the price or withdrawing from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Buyer replaces the defective Product with a defect-free one or removes the defect. The reduced price shall be in such proportion to the contract price as the value of the Product with the defect remains to the value of the Product without the defect. The Buyer may not withdraw from the contract if the defect in the Product is insignificant;

demand to replace the Product with a defect-free one or to remove the defect. The Seller shall be obliged to replace the defective Product with a defect-free one or remove the defect within a reasonable time without undue inconvenience for the Buyer, with the reservations and under the conditions specified in the relevant provisions of the Civil Code.

The Buyer may, instead of rectification of defects suggested by the Seller, demand replacement of the Product with a defect-free one or, instead of replacing the Product, demand rectification of the defect, unless bringing the Product into conformity with the Sales Agreement in the way chosen by the Buyer is impossible or would require excessive costs in comparison with the way proposed by the Seller. When assessing the excessiveness of the costs, the value of the Product free from defects, type and significance of the identified defect shall be taken into account, as well as inconvenience to which other way of satisfaction would expose the Buyer.

In the case of non-conformity of the Product with the Sales Agreement, the Buyer should make a complaint to the Seller via e-mail to: kontakt@acenergia.com.pl or in writing to the address of the Seller's registered office: AC Energia Arkadiusz Czajka, ul. Ogrodowa 16, 22-604 Tarnawatka-Tartak, Poland.

Complaints concerning missing goods or damage to goods visible immediately upon receipt of the consignment must be reported immediately upon receipt.

It is recommended that the purchaser provide a description of the complaint:

information and circumstances relating to the subject of the complaint, in particular the nature and date of the defect;

request a method of bringing the Product into conformity with the Sales Contract or a declaration of price reduction or withdrawal from the Sales Contract.

the date of conclusion of the agreement giving rise to the complaint, together with evidence of that agreement, and

contact details of the complainant - this will make it easier and faster for the Seller to handle the complaint

The requirements given in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints made with the omission of the recommended description of the complaint. The Buyer may also, but is not obliged to, use for the purpose of submitting a complaint about a Product the Complaint Report in Appendix 2 to the Terms and Conditions.

The Seller shall respond to the Buyer's complaint immediately, but not later than within 14 days of its receipt. If the Purchaser has demanded replacement of the item or removal of the defect or has made a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within 14 days of its receipt, it shall be deemed that the Seller has acknowledged the demand as justified.

If, in order for the Seller to respond to the Buyer's complaint or exercise the Buyer's rights under the warranty, it is necessary to deliver the Product to the Seller, in accordance with Article 561 2 in connection with Article 354 § 2 of the Civil Code, the Buyer shall be obliged to deliver the Product at the Seller's expense to the address of AC Energia Arkadiusz Czajka, Słoneczna 18M, 05-126 Stanisławów Pierwszy. In order to facilitate the processing of the complaint, it is recommended to mark the parcel with the word "REKLAMACJA". The Seller shall reimburse the Buyer for the costs of delivering the Product to which the complaint refers.

Details of the methods made available by the Seller for the Buyer to deliver the Product to him at the Seller's expense can be found in the Online Shop.

The Seller shall be liable under the warranty if a physical defect is discovered before the lapse of two years from the date of issue of the Product. A claim for rectification of a defect or replacement of the Product with a defect-free one shall expire one year from the date on which the defect was found, however, in the case of an Order placed by the Buyer - the period of limitation shall not end before the expiry of the period referred to in the first sentence.

The Seller shall respond to the request (complaint) submitted by the Buyer within 14 days from the date of submission of the request together with the Product, otherwise the request submitted by the Buyer shall be deemed to be justified.

If the complaint is found justified, the Seller shall immediately replace the defective Product with a new one and deliver it to the Buyer.

9 COMPLAINTS PROCEDURE - WARRANTY

The seller provides a guarantee on the following terms.

In the event of non-conformity of the goods with the Contract, the Buyer should submit a complaint to the Seller via e-mail to: kontakt@acenergia.com.pl or in writing to the Seller's registered office address: AC Energia Arkadiusz Czajka

Complaints concerning missing goods or damage to goods visible immediately upon receipt of the consignment must be reported immediately upon receipt.

In the case of receipt of a defective and/or non-conforming Product, the Buyer should immediately notify the Seller, who shall immediately and without undue inconvenience for the Buyer replace the defective goods with goods free from defects or remove the defect. If the Seller fails to replace the defective goods or remove the defect, the Buyer may also make a declaration on reduction of the price or withdrawal from the Contract. The Purchaser may also, instead of the removal of the defect proposed by the Seller, demand the replacement of the goods with goods free from defects or demand the removal of the defect instead of the replacement, unless bringing the goods into conformity with the Agreement in a manner selected by the Purchaser is impossible or would require excessive costs in comparison with the manner proposed by the Seller.

Complained goods should be delivered to the Seller together with the completed "Complaint Protocol" constituting Appendix No. 2 to these Regulations, which the Seller makes available on the website at eshop.vtsgroup.com. The parcel should be marked with the information: "COMPLAINT" and sent or delivered in person to the Seller's address. The Buyer may, but is not obliged to use the Complaint Report from Appendix No. 2 to make a complaint about the Product. In such a case, however, the complaint should include at least:

name, surname, mailing address, optionally e-mail address of the buyer,

the date on which the contract giving rise to the complaint was concluded, together with evidence of its conclusion,

the subject of the complaint, indicating the purchaser's request,

any circumstances justifying the complaint.

If the data or information provided in the complaint needs to be supplemented, the Seller shall request the Buyer to supplement the complaint to the extent indicated before considering the complaint.

The Seller shall reimburse the Buyer with the costs of shipment of the Product if the Buyer withdraws from the sales contract or demands a replacement of the defective Product with a defect-free one, but not more than the lowest cost of shipment for the delivery of this type of goods.

If the complaint is recognised as valid, the Seller shall immediately replace the defective Product with a new one and send it back to the Buyer.

10 PRIVACY POLICY AND DATA PROTECTION

The administrator of the databases of personal data submitted by the Buyer via the Internet Shop in connection with the execution of the Order is the Seller.

Personal data is used for the purpose of fulfilling Orders and may therefore be transferred to the entities responsible for the delivery of the purchased Products to the Buyer. The Buyer has the right to access the content of his data and to correct them. The data are provided voluntarily.

11 OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND THE RULES OF ACCESS TO THOSE PROCEDURES.

The use of out-of-court complaint and redress procedures is voluntary. The following provisions are for information purposes only and do not constitute an obligation on the part of the Seller to use out-of-court means of dispute resolution. The Seller's statement of consent or refusal to participate in the procedure for out-of-court settlement of consumer disputes shall be submitted by the Seller on paper or on another durable medium in the event that the dispute has not been resolved following the complaint submitted by the Buyer.

The principles of out-of-court consumer dispute resolution procedures and the obligations of entrepreneurs in this respect are defined separately in legal provisions (including in particular the Act of 23 September 2016 on out-of-court resolution of consumer disputes, Journal of Laws 2016, item 1823) or in regulations applied by relevant entities competent to resolve consumer disputes. Detailed information on the possibility for the Buyer who is a consumer to use out-of-court ways of handling complaints and pursuing claims, as well as rules of access to these procedures, may be available at the offices and on the websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection, in particular also at the following website address of the Office of Competition and Consumer Protection https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. The President of the Office of Competition and Consumer Protection keeps an open register of entities authorised to conduct proceedings on out-of-court settlement of consumer disputes.

A buyer who is a Consumer has the following examples of out-of-court complaint and redress procedures:

The Purchaser shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended) to resolve a dispute arising from the concluded Sales Agreement.

The Purchaser is entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Commercial Inspection (Journal of Laws 2001, No. 4, item 25 as amended), with a request to initiate mediation proceedings for out-of-court dispute resolution between the Purchaser and the Seller.

The Buyer may obtain free assistance in resolving a dispute between the Buyer and the Seller, using also the free assistance of a county (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers).

We would like to inform you that as of 20 March 2025, the EU online platform for ODR (Online Dispute Resolution), previously available at http://ec.europa.eu/consumers/odr/, ceases to accept new complaints and will be completely decommissioned from 20 July 2025. As a result, from 20 March 2025, the Vendor does not provide the possibility to submit complaints via the aforementioned platform.

The use of the out-of-court dispute resolution route does not exclude the right to seek redress in the ordinary courts.

If a dispute arises, the Buyer may enforce his rights either before the court in the country where the Seller has its registered office or before the court in the country where the Buyer is domiciled.

12 AMENDMENT OF THE RULES OF PROCEDURE

The Terms and Conditions and the appendices to the Terms and Conditions constitute a model contract within the meaning of Article 384 § 1 of the Civil Code.

The Seller may amend these Terms and Conditions in the event of the occurrence of at least one of the following important reasons (closed catalogue):

a change in the provisions of law governing the sale of Products or provision of electronic services by the Seller affecting mutual rights and obligations set out in the agreement concluded between the Buyer and the Seller or a change in the interpretation of the above-mentioned provisions of law as a result of court rulings, decisions, recommendations or recommendations of competent authorities or bodies in a given scope;

a change in the manner in which the services are provided due exclusively to technical or technological reasons (in particular, updates to the technical requirements set out in these Terms and Conditions);

change in the scope or provision of services to which the provisions of the Terms and Conditions apply, in particular through the introduction of new, modification or withdrawal by the Seller of its existing functionalities or services covered by the Terms and Conditions.

in the event of organisational or legal changes at the Seller.

If changes are made to the Terms and Conditions, the Seller shall make the consolidated text of the Terms and Conditions available by publishing it on the Online Shop and in the form of a message sent to the e-mail address provided to the Seller by the Consumer.

The amendment to the Terms and Conditions shall take effect 14 days from the date on which the information on the amendment is sent. In the case of Consumers who have concluded a contract for the provision of services, i.e. those who have an Account or use the newsletter, they have the right to terminate the contract for the provision of services within 14 days from the date of being notified of the change to the Terms and Conditions. The amendment of the Terms and Conditions shall be irrelevant to the Sales Agreements concluded by the Consumer and the Seller before the amendment of the Terms and Conditions.

13 FINAL PROVISIONS

In matters not regulated by these Regulations, the provisions of the Act of 30 May 2014 on the protection of consumer rights (consolidated text: Journal of Laws of 2017, item 683, as amended)) and the Act of 23 April 1964 shall apply. - Civil Code (unified text: Dz. U. 2018 item 1025, as amended.

The Rules of Procedure shall enter into force on the date of their publication

Date of publication of the regulations 05.12.2019.

These Terms and Conditions constitute a work within the meaning of Article 1(1) of the Act on Copyright and Related Rights. Its unlawful copying, in whole or in part, exposes the perpetrator to legal liability as defined by the mandatory provisions of law.

Appendix 1 to the Rules of Sale

Place, date

Name of buyer

Address of residence

AC Energia Arkadiusz Czajka

Słoneczna 18M, 05-126 Stanisławów Pierwszy

Statement

of withdrawal from a distance contract

I declare that in accordance with Article 27 of the Act of 30 May 2014. (Journal of Laws of 2014, item 827) on Consumer Rights / on the basis of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council of 25 October 2011. (Dz.Urz.UE.L No. 304, p. 64)I withdraw from the sales agreement for the following VTS brand products:,

_________________________________________________

concluded on ______________________, dated ___________________

ID Palety: 229_____________________________________________________

Please refund the amount of _________ PLN (in words: _____________________ PLN .../100) by transferring _________ to the bank account held by _______________ with the number:_________________________.

I will return the Product_____________________________________________________ in unaltered condition.

________________________

Buyer's signature

* please enclose a copy of the proof of purchase

Annex 2 Complaint Protocol

The link to the document can be found here

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© ACENERGIA 2025