INELO e- Store Terms and Conditions Agreement
§ 1. Preliminary Provisions
- INELO e-Store (hereinafter ‘Store’), online address https://sklep.inelo.pl/en/is operated by INELO, a Polish limited liability company with its principal place of business in Bielsko-Biała (ZIP Code 43-300), 24/U2b Karpacka St., entered in the Register of Entrepreneurs of the National Court Register kept by the Regional Court in Bielsko-Biała 8th Economic Department of the National Court Register under the number KRS 0000702969, tax ID No NIP 5512333463, and a statistical number REGON 356687662, with share capital of PLN 10,000,000 (hereinafter ‘Seller” or “INELO’), e-mail: firstname.lastname@example.org, telephone 22 113 40 60,; use this address as our mailing and returns address.
- The Terms and Conditions shall apply exclusively to sales or training services agreements concluded online between Seller and Client for Transactions based on Quotations.
- By placing an order, Client confirms they have read and approved this Terms and Conditions Agreement.
- This Terms and Conditions Agreement applies both to Consumers and Clients other than Consumers using the e-Store and outlines both the rules for using the e-Store and the terms and conditions for concluding remote Transactions through the e-Store.
§ 2. Definitions
The following terms and expressions used herein shall have the following meaning ascribed to them:
Working days – Monday through Friday from 8:00 to 16:00, except for holidays and statutory days off in Poland.
Order Form – an interactive form available from the e-Store for placing orders by adding Products or Training Services to the Basket and specifying the Transaction terms and conditions, including delivery and payment.
Client – a natural person, a legal entity, or an unincorporated organization which is legally capable under the law and who concludes a Transaction based on the Quote.
Civil Code – Act of April 23, 1964 (Dz.U. [Journal of Laws] No 16 section 93 as amended).
Consumer – a natural person who concludes Transactions with Seller based on Quotes for purposes not directly related to any economic or professional activity operated by Client or Consumer.
Basket – a feature of the e-Store software showing Products or Training Services Client has selected to buy; the Basket displays its content and allows for modification of the number of Products or Training Services selected.
Quotation – an offer to conclude a Product sales or Training Services agreement between Seller and Client under the terms and conditions set by Seller and included in the Quotation specification posted online and in the Terms and Conditions.
Fee – Seller’s compensation for providing Training Services (or readiness to provide said services as stipulated in the Terms and Conditions), agreed between Seller and the Declarant.
Declarant – a natural person acting on their own behalf or that of a legal entity, or an unincorporated organization which is legally capable under the law, who has purchased a Training Service online and agreed all its details with Seller. Declarant need not be a Participant.
Product – subject of the Quotation whose specification and characteristics are laid down in the Quotation posted online (not applicable to Training Services agreements).
Confirmation – e-mail or a fax message sent by Seller to Declarant to confirm Seller’s consent to organize on-site Training.
Terms and Conditions – INELO e-Store Terms and Conditions. To the extent required under the law, this Terms and Conditions shall also set the rules and regulations for provision of services electronically, as far as applicable thereunder.
Training Cancellation – Declarant’s written notification Participant will not attend the Training.
Training – remote or on-site Training.
Remote Training – training services available from the e-Store for interested parties, subject to any limitations with respect to participants spelled out in the Terms and Conditions. Remote Training is conducted by means of a remote connection using the TeamViewer app (you can download the app from https://www.teamviewer.com/pl/). Client shall be solely responsible for complying with the app license terms and conditions as well as for providing at least a 2Mb/s internet access.
On-Site Training – a training service aimed at Participants’ individual needs and organized at a location selected by Declarant (company offices or another suitable location chosen by Declarant) and approved by Seller. See our e-Store for other types of on-site Training options available.
Transaction – a remote Product or Training Services sale agreement concluded between Client and Seller by going through the e-Store.
Order – Client’s declaration of intent stated in the Order Form and directly aimed at concluding a Transaction.
Participant – an individual signed up for Training by Declarant. On pain of incurring contractual penalties under § 11 section 13 of the Terms and Conditions, only an individual other than:
a) The owner, co-owner, partner, shareholder, employee, co-worker or an individual employed under a different law by a commercial enterprise offering driver’s working time calculation services;
b)An employee, co-worker or an individual employed under a different law by a commercial enterprise holding a service version of the 4Trans software/system license.
Training Services – offered by Seller for purchase from the e-Store under § 11 of the Terms and Conditions, as well as other services related to implementation of selected solutions.
Act on Consumer Rights – dated May 30, 2014 (Dz.U. [Journal of Laws] 2014 section 827 as amended).
§ 3. General Provisions
- To the greatest possible extent under the law, Seller shall not be held responsible for any interruptions of the e-Store operations resulting from circumstances other than those under its control, including any disruption of the e-Store operations attributable to the operation of a Force Majeure, illegal activities of any third parties or the incompatibility of the e-Store with the Client’s technical infrastructure.
- Clients may order Products or Training Services offered by the e-Store after supplying their personal data required for Orders. See the e-Store website for more information.
- E-Store prices are expressed in the Polish zloty and include any applicable VAT tax (gross prices). See the Quotation /Order Form for any applicable shipping and handling charges unless your Quote specifies otherwise.
- Your Quote includes information about the Product or Training Service relevant characteristics and prices.
- Photographs of Products and any pictures illustrating Training Services to be included in the Quotation are protected by Seller’s copyrights and must not be used for any other purposes without Seller’s written consent.
- Seller guarantees all the Products quoted shall be new (unless specified otherwise), free from any physical or legal defects, and suitable for the purpose laid down in the Quote.
§ 4. Technical Specification
To use the e-Store, review the available items and place Orders for Products and/or Training Services you must have the following:
a) A terminal with access to the Intranet or the current version of an Internet browser, such as the Internet Explorer, Google Chrome, Mozilla FireFox, Opera, or Safari;
b) An active e-mail account,
c) An enabled cookie function.
§ 5. Placing Orders
To place an Order:
- Select the Product and / or Training Service you want and then click “Basket” or a similar button;
- Fill in the Order Form by adding the ordering party’s name and delivery address; select the delivery type, and provide the invoice data if other than the Order’s addressee;
- For Training Services, select the ‘collection in person at the company’s office’ payment method ;
- Click “Order and Pay”;
- Select one of the available payment methods and – depending on your selection – make a timely payment for the Order, subject to the provisions of the Terms and Conditions § 6 sections 3 and 4.
§ 6. Delivery and Available Payment Methods
1. Shipments are expedited to Clients using a courier service.
2. Client may choose one of the following methods to pay for the Products and Training Services:
a) Wire transfer to Seller’s account,
b) Electronic transfers available at the e-Store, such as PayU.
3. No COD shipments available.
4. Detailed information about the delivery options, cost, and approved payment methods are available at the e-Store website.
§ 7. Sales Agreement Performance
- Transactions between Client and Seller are concluded once – using the Order Form – Client has placed an Order with the e-Store, as set forth in 5 T&Cs, and is notified by Seller’s e-mail as stipulated in § 7 section 3.
- Client may cancel any Order placed before the Transaction is effectively concluded.
- Having received the Order, Seller promptly confirms its receipt by e-mail and puts it in production; the e-mail is sent to the address stipulated by Client in the Order and it includes Seller’s confirmation of concluding the Transaction. As soon as Client receives the e-mail, the Transaction between Client and Seller is considered final and binding.
- Apart from payment of the Product price, Client must pay applicable shipping costs which Seller shall make known to Client before placing the Order.
- Client shall make the payment within 7 calendar days of the date of the Transaction.
- Failure to make payment for the Products and shipping costs within that time shall render the Transaction invalid without the need for any further declarations.
- Seller shall ship the Product to Client at the time specified in the specification.
- The Product delivery cycle begins on the day Seller’s bank account is credited with Client’s payment.
- The Product delivery date shall depend on Seller’s Order lead time (included in the Product description) and the delivery time (to be confirmed by the courier service separately for each delivery). Shipments are handled by third parties who determine the delivery date.
- Products are delivered only to addresses within the territory of Poland.
- Shipments outside Poland may be possible subject to special terms individually agreed with Seller.
§ 8. Product Delivery
- Upon receiving the shipment, Client should carefully inspect the package and report any visible damage both to the courier and Seller prior to opening it; Seller’s e-mail address is email@example.com.
- Having opened the package, Client should inspect its content for quality and quantity and promptly report any irregularities to Seller by sending an e-mail to firstname.lastname@example.org.
§ 9. Order Cancellation
- Consumer may cancel their Order within 14 days of the Product delivery date without specifying any reason; see Schedules No 1 and 2 to the T&Cs for detailed cancellation instructions for Consumer.
- Any costs and expenses incurred by Consumer for returning the Product to Seller under the right to cancel the Order shall be to Consumer’s account. Seller is under no obligation to accept any COD shipment returned by Client.
- The right to cancel the Order shall not apply to cases referred to in Art. 38 of the Act on Consumer Rights and 11 section 14 of the Terms and Conditions.
- The right to cancel the Order shall also apply to Training Services agreements.
§ 10. Sales Agreements – Guarantee and Warranty. Claims
- Product Guarantee is based on certain principles set forth in the INELO Product Guarantee Rules and Regulations for Provisions of Services available at https://inelo.pl/en/products/devices/repair-centre/.
- For Transactions where Client is not a Consumer, Seller and Client other than a Consumer shall exclude the warranty provisions laid down in Art. 556 through 576 of the Civil Code.
- In the event of any guarantee claims, Client shall advise Seller as soon as a defect has been identified by using a claim form available at https://inelo.pl/en/products/devices/repair-centre/and shall follow the INELO Product and Service Guarantee Rules, as well as any other instructions available at the above address.
- In case of warranty claims (Consumers only), Consumer should advise Seller as soon as a defect has been identified by sending a claim to Seller’s address shown in the T&Cs Preliminary Provisions or by e-mailing Seller at the address also shown therein or use a claim form available at https://inelo.pl/en/products/devices/repair-centre/. In the claim form, Client should include its personal data (first and last names), contact telephone number, and an e-mail address, together with a description of the defect, Product purchase date, model, and serial number (if applicable). Include your Product proof of purchase, such as a copy of the purchase receipt, invoice or any other proof of concluding an agreement.
- Having received the claim, Seller may request Client submit additional document and / or information, including return of the defective Product to Seller for verification; the Product return costs shall be to Seller’s account in the case of warranty while for guarantee they will be in line with general INELO Product and Service Guarantee provisions. In the case of Clients other than Consumers, a claim found to be without merit shall result in Seller charging such Clients with the costs of shipping the Product both ways. When returning defective Products to Seller under s claim, Client shall duly protect them for shipment, especially by using appropriate packaging. When to analyze the claim it is imperative to return Products to Seller, the claim lead time shall be extended by the time needed for the Products to reach Seller.
- When the Product claimed to be defective is designed to record any data in its memory while in use, Seller shall inform Client about a potential data loss threat while the claim is being processed; to prevent such data loss, Client is advised to make backup copies prior to returning the defective Product. Seller shall not be liable for any data loss attributable to processing Client’s or Consumer’s claims.
- Having received all the necessary information and Products (if required), Seller shall advise Client or Consumer whether the claim has been approved or rejected within 14 days of the receipt of the data and Product/s (together with any explanation if rejected). For approved claims, Seller shall follow the procedure for processing the claim suggested by Client or propose another solution in line with the laws in force (for warranty claims) or in line with any guarantee provisions offered (for guarantee claims).
- In the event Client fails to pick up the Product at the time specified by Seller once the claim has been processed or rejected, Seller shall have the right to charge a fee of PLN 10 gross for every day it stores the Product.
- Provisions of INELO Product and Service Guarantee as well as Service Provision regulations shall apply to guarantee cases not covered in the T&C.
- When the Transaction involves a product other than one manufactured by Seller or which is covered by a third party guarantee, T&C applicable to Seller’s guarantee shall be excluded and replaced by such third part guarantee and Client shall pursue its guarantee claims against such third party, to the exclusion of any guarantee liability by Seller.
§ 11. Terms and Conditions for Provision of Training Services
- Training Services shall be provided once (1) training has been purchased from the e-Store; (2) applicable fees have been paid as set forth in 6 T&Cs, and (3) the planned Training session date has been approved by Client and Seller either by phone or e-mail.
- Declarant shall send a detailed list of Participants 4 working days before the planned Training session at the latest in order to verify and prepare Training Course Completion Certificates.
- Having completed an on-site Training session, Parties shall execute a Training Completion Report as additional confirmation Seller has performed the job. When Declarant does not participate in the Training session, it is assumed every Training Participant is authorized to sign such a report which shall be legally binding upon Declarant.
- Seller shall have the right to stage a commercial presentation during the Training session to present its products and any new solutions.
- Seller reserves the right to change the date or location or to cancel the Training session 4 days prior to its planned commencement at the latest.
- When cancelling the Training session, Seller shall advise Declarant about the cancellation by sending an e-mail to the address provided by Declarant or by contacting Declarant by phone.
- When cancelling the Training session for reasons of Seller, Declarant shall have the right to issue instructions with respect to refunding the Fee to the bank account from which the payment has been made or leaving the Fee in Seller’s bank account for the Training session to be held on a different date. In the latter case, Seller shall advise Declarant by e-mail about the new Training session date. Apart from refunding the Fee, neither Declarant nor the respective Party on whose behalf such a reservation has been made, nor Training Participants shall be entitled to any claims against Seller.
- When cancelling a Training session, Declarant shall advise Seller by e-mail (sent to email@example.com) at least 5 days prior to the planned Training date. In order to re-book the Training session date Declarant shall contact Seller at firstname.lastname@example.org, without prejudice to the provisions of section 9 below.
- The Training session must be held within 3 (three) months of the Client’s purchase date. If for reasons other than Seller’s the Training session does not take place, Seller shall be considered to have been on standby and ready to carry out the Training which was not feasible for reasons of the Client and Client’s right to the Training and any refund shall be considered null and void. The provision set forth in the preceding sentence shall apply, respectively, to Client’s cancellation of the Training session at least 5 days before the agreed date.
- All the information provided to Training Participants during the session is protected by Seller’s moral and economic rights. By attending the Training session and paying the Fee, Declarant and Participants do not acquire any rights to the content or form of the Training.
- Declarant and Participants commit not to record the Training session (either in the form of a video or audio recording) and not to disclose to third parties any content protected by Seller’s copyright.
- Should Participant/Participants infringe upon any of the provisions of sections 10 and 11, Declarant commits to pay Seller a contractual penalty of PLN 10,000 (ten thousand) per every case thereof. Payment of the contractual penalty shall be by the deadline and to the bank account specified in Seller’s debit note. Payment of the contractual penalty does not exclude Seller’s right to pursue damages over and above the penalty under generally applicable rules.
- In case Declarant registers a Training Participant who does not meet the requirements of the Training Participant definition, Declarant shall pay Seller a contractual penalty of PLN 30,000 (thirty thousand) for every such unqualified Participant registered. Payment of the contractual penalty shall be by the deadline and to the bank account specified in Seller’s debit note. Payment of the contractual penalty does not exclude Seller’s right to pursue other damages over and above the penalty under generally applicable rules.
- Training Services purchased by Consumers shall be provided not earlier than 14 days after the date they were purchased unless Consumer makes a specific declaration they agree to hold the Training session at an earlier date, thereby forfeiting their right to cancel the Agreement.
- Client / Participant shall not deliver any illegal content during the Training Services.
- Declarant shall report any claims related to the Training session organization and conduct by sending an e-mail to email@example.com. Seller shall examine all the received claims and deliver a response to Declarant within 30 days in the same form the claim was first filed. Rejection of any claim shall not prevent Declarant from using any and all other legal means available under the Polish law.
§ 12. Personal Data
- INELO Polska Sp. z o.o. of Bielsko-Biała (ZIP Code 43-300), 24/U2b Karpacka St. is the Data Controller of its Clients’ personal data.
- Clients may contact our Data Protection Officer in any matters concerning personal data security at firstname.lastname@example.org.
- We process your personal data for the following purposes: (I) processing Transactions and any claims (cf. GDPR Art. 6 section 1.b); (II) business accounting (cf. GDPR Art. 6 section 1.c); (III) defending INELO’s legitimate interests when enforcing any claims and/or rights (cf. GDPR Art. 6 section 1.f).
- We may make Clients’ personal data available to: (I) postal operators and courier services to deliver shipments related to concluding, performing or completing Transactions; (II) legal advisors and collections agencies to enforce claims related to Transactions; (III) Seller’s IT services providers in charge of IT systems which store Clients’ or Consumers’ personal data.
- Clients’ personal data shall be stored for the statutory retention period for accounting and tax records and until any claims related to Transactions have expired.
- Clients shall have the right to access, correct, transfer, and delete their personal data, as well as to limit the scope of their processing.
- Should Client find their personal data are being processed in violation of the law, they shall have the right to lodge a complaint with a supervisory body, i.e. Personal Data Protection Office President.
- Provision of personal data is voluntary; however, it is required for processing any Transaction by the e-Store.
§ 13. Miscellaneous Provisions
- Provisions of the Polish law (substantive and procedural) shall apply to any issues not covered herein.
- Any disputes with Consumers arising out of Transactions shall be resolved by a competent court with jurisdiction set forth in the Polish law; disputes with Clients other than Consumers shall be resolved exclusively by a common court with jurisdiction over Seller’s registered office.
- Consumers may use other means of examining and pursuing claims available under the law. Detailed information about how to use extra-judicial means of resolving and pursuing claims, as well as the availability of such means, may be found at the websites of county/city consumer ombudsmen, community organizations charged with consumer protection, regional State Trade Inspectorate offices, and the following websites: http://www.uokik.gov.pl and http://www.rf.gov.pl. Consumers may also use the EU platform at http://ec.europa.eu/consumers/odr/ by entering Seller’s e-mail address of email@example.com.
- Provisions of the United Nations Convention on Contracts for the International Sale of Goods signed in Vienna on April 11, 1980 and the Convention on the Limitation Period in the International Sale of Goods signed in New York on June 14, 1974 shall not, to the greatest extent allowed under the law, apply to Transactions with Clients who do not have a permanent office / residence in Poland.
- Seller reserves the right to amend the Terms and Conditions from time to time; however, the version in force at the time Client concluded their Transaction with Seller shall always apply.
Schedule No 1 to the Terms and Conditions
Information for Consumers on how to terminate an agreement – Instructions for Consumers on how to terminate an agreement
Consumer may withdraw from an agreement concluded with Seller’s e-Store at https://sklep.inelo.pl/en/without specifying any reasons; however, the right to do so expires after 14 days of the date Consumer or a third party – other than the carrier – designated by Consumer acquired the Product; or within 14 days of the date the agreement on provision of Training Services was concluded.
To exercise this right, Consumer shall advise Seller about the decision to withdraw by making an unequivocal statement (e.g. by mailing a letter or an e-mail to the postal or electronic mail address shown in the Terms and Conditions Definitions).
Consumer may use the agreement withdrawal form shown in Schedule No 2 to the T&Cs; however, doing so is optional.
To keep the withdrawal cancellation date it is enough for Consumer to advise their intent to exercise the agreement withdrawal right before the deadline to do so expires.
In the event of Consumer’s withdrawal Seller shall return any payments received, including the costs of shipping the Product to Consumer (minus any additional expenses should Consumer choose other than the least expensive shipping option offered by Seller’s e-Store (https://sklep.inelo.pl/en/); Seller shall refund the money promptly and within 14 days of Seller being first notified of Consumer’s withdrawal at the latest. In their withdrawal notice Consumer shall specify how Seller should refund the payment for the Product and / or Training Service. Consumer shall never incur any refund charges other than the costs of shipping the Product back to Seller.
Seller may delay the refund until the earlier of the Product being returned or Consumer submitting proof it has been shipped. Products must be returned to Seller’s address stipulated in the Terms and Conditions Definitions.
Consumer shall be liable for Product’s reduced value due to it being used in a way other than necessary to ascertain its nature, properties and functionality.
Schedule No 2 to the Terms and Conditions.
Agreement Withdrawal Declaration – for Consumer
Consumer’s first and last names
INELO Polska Sp. z o.o.
ul. Karpacka 24/U2b
This is to let you know we hereby cancel our Sales/Training Services* Agreement concluded on your website https://sklep.inelo.pl/en/, transaction No: ____________, for the following Products / Training Services*: _________________________________________________________________________________________________________________________________________________________________________
The Products* delivery date / date the Agreement on Provision of Training Services * was delivered to us is: ________________
Please wire your refund for the Products / Fees / Training Services to my bank account with: ________, account number: ____________________________________
* Delete as appropriate.