Terms & Conditions
§ 1 General regulations
The online store operating at www.potz-tech.com is run by Potz Technology sp. z o.o. ul. Malachowskiego 4a/2, 90-158, VAT number PL7252318202 with it’s bank account EUR 38 1140 2004 0000 3212 1544 7120.
The online store sells goods via the Internet.
The party making purchases at the www.potz-tech.com online store (hereinafter referred to as ‘the Store’) may be an adult natural person or legal entity, hereinafter referred to as Customers.
The seller is the entity referred to in § 1 paragraph 1 of these Regulations, hereinafter referred to as the Seller.
To use www.potz-tech.com you need a device with Internet access and an Internet browser such as Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari in the current version. An active e-mail account is required to use some of the Store's functionalities
§ 2 Used terms
For the purposes of these Store Regulations, the following understanding of the terms used has been adopted
Store Regulations - this document with attachments, specifying the rules for concluding distance sales contracts through the Store, rules for performing these contracts, rights and obligations of the parties;
Customer - a natural or legal person with legal capacity that concludes a sales contract with the Seller;
consumer - consumer within the meaning of art. 221 of the Civil Code;
Store - website run by the Seller, through which the Customer can obtain information about the product and buy it;
Product - a movable item remaining in the Store's offer that the Customer may purchase by concluding a sales contract on the terms set out in the Store's Regulations;
Prices - the purchase price of the Product expressed in EURO currency; the price indicated is the Product's gross price each time; The price does not include the cost of delivery of the Product, which will be indicated to the Customer at the time of purchase of the Product;
§ 3 Conclusion of contracts
The Customer concludes a sales contract under which he purchases the Product (s) from the Store by completing an interactive form available on the Store's website.
The form should indicate which of the Products the Customer acquires, what quantity, specifying the method of payment and the place of delivery.
The Seller verifies whether the order is possible to be completed and indicates in what period it can be completed.
If the Seller accepts the Customer's order, he will send him information by electronic means. Upon receipt of the confirmation, the sales contract is concluded.
For the avoidance of doubt, this information is not an offer, but only an invitation to submit offers with the content indicated in the Product information.
After choosing the Products and before choosing the payment method, the Customer is required to provide the full and correct shipping address and telephone number, which should not change until delivery.
Changing the delivery address is possible only in extraordinary circumstances after agreeing with the Seller and before handing over the Products to the carrier for delivery.
If the Seller cannot fulfill the service in whole or in part due to the fact that the Product is not available, or due to unforeseen circumstances it has not been delivered to the Seller or has been damaged or lost, then the Seller shall immediately notify the Customer and return the received price or will fulfill a substitute benefit of the same value as the price paid - at the choice and with the consent of the customer.
§ 4 Payment and Delivery
Payments are made by the Customer to the account number provided or using electronic payment methods made available by a specialized payment institution with which the Seller, for the convenience of Customers, has concluded a contract.
If you choose payment via payment cards with the function of online payments or bank transfers, the Customer will be directed to a website enabling electronic payment, e.g. the Customer's bank login page or the Card Authorization Center. If the payment for the Product is not made within 7 days from the date of the Order, the Order placed by the Customer is canceled and the lack of payment is understood as the Customer's withdrawal from the sales contract.
The Product price given in the Product description includes taxes and all fees required by applicable law. In the case of cross-border purchases, the price of the product may change in terms of customs or tax obligations in accordance with applicable regulations, i.e. that the Customer may be obliged to pay - in accordance with applicable regulations - the amount of VAT or duties in accordance with applicable law. Customer should pay additional VAT, duties and taxes be himself (or herself) according to applicable law in the country of purchase.
The purchase of the Product is documented by issuing a receipt or an invoice. The customer agrees to receive electronically, to the e-mail address provided by him during registration, an electronic image of billing documents, in particular such as: invoices with attachments, including corrective invoices.
The place of fulfillment of the performance of the contract of sale by the Seller is the place where the Product will be picked up (and in case of doubt, the place where the Product should be picked up as indicated by the Customer).
The Seller informs Customers about the delivery costs in the summary of the Order before placing it by the Customer.
The time of shipment of the ordered Products is indicated in the summary of the Order. The shipping time includes working days. If the Customer has purchased many Products under one Order and these Products have a different shipping time, they will be delivered together after completing the whole, that is, in the longest of the given shipping times of individual Products.
Products can be delivered to addresses all around the world.
Deliveries of products are made by specialized carriers, the list of which along with the regulations for providing services on which a given carrier performs delivery is available on the Store's website.
The Seller informs the Customer about the details of the Delivery and in particular which of the carriers will deliver the parcel with a link to track the stages of its delivery by e-mail.
Delivery of the Product by the courier must be confirmed by a written receipt.
The Customer is obliged to check whether the received Product has no visible damage that may arise during transport.
If the Customer finds the deficiencies mentioned in the paragraph above, he/she should draw up a damage report with the courier and make appropriate reservations about the damage on the waybill.
The Seller is not responsible for failure to deliver the Product for reasons attributable to the Customer. In such a situation, the Seller will notify the Customer of an unsuccessful attempt to deliver the Product.
§ 5 Withdrawal from the contract
Pursuant to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827 as amended), a Customer who is a Consumer who has concluded a distance contract may within fourteen (14) days from the date of receipt of the Product withdraw from the contract without giving any reason by submitting a declaration of withdrawal to the Seller. The Seller extends the deadline for the Consumer to withdraw from a distance contract without giving reasons for thirty (30) days from the date of receipt of the Product.
Withdrawal from the contract can be made by using the contact form on the Store's website or in writing (the model withdrawal form is an attachment to the Regulations). In the event that as part of one order, the Customer has purchased more than one Product, the withdrawal may apply to all or only Products selected by the Customer with the proviso that if the Product is sold as a set, set or package, withdrawal may be made in relation to this set, kit or package.
In the event of withdrawal from the sales contract, the contract is considered null and void in relation to the Product (set, kit or package) from which the Customer has withdrawn. The return should take place immediately, not later than within 14 days from the day on which the Customer withdraws from the contract. The cost of returning the Product to the Seller shall be borne by the Customer. In the event of successful withdrawal from the sales contract, the Seller shall refund the amount due for the Product paid by the Customer in a manner analogous to the method of payment chosen by the Customer for the Product.
In the event of exceeding the deadlines for withdrawal from the contract set out in this article, the Seller will send the returned Product to the Customer at his expense. The Customer's failure to comply with the withdrawal procedure described above may result in a significant delay in completing the withdrawal procedure, and thus requesting the return of funds due to the Customer.
The right to withdraw from the contract is not available in the cases specified in art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827 as amended), in particular in a situation where the subject of the service is an item created according to the Customer's specifications or serving to satisfy his individual needs (e.g. Products containing engraving ordered by the Customer).
§ 6 Complaint; warranty; Seller's liability
The Customer may file a complaint to the Seller, in particular in the event of non-compliance of the Product with the contract or defects of the Product as well as if the actions of the Seller are carried out improperly or contrary to the provisions of the Regulations.
Complaints shall be submitted electronically via the contact form located on the Store's website or in writing to the Seller's address.
The complaint should contain at least:
a) name and surname;
b) contact details;
c) description of the transaction to which the complaint relates;
d) reason of the complaint;
e) the Customer’s demands.
Together with the complaint, the Product must be submitted, subject to the complaint and confirmation of its purchase.
The Seller may ask the Customer submitting a complaint to supplement it to the extent necessary to consider the complaint.
The Seller recognizes the complaint within 14 days of its receipt. The Customer will receive information on how to handle the complaint in a manner consistent with their wishes (e.g. by electronic correspondence, to the address provided by him by registration or in writing).
If the complaint is unfounded, the Seller shall notify the Customer thereof stating the reasons for considering the complaint as unfounded.
As part of the complaint, the Seller may:
a) replace the Product with a non-defective one;
b) repair the Product;
c) in the event that replacement or repair is impossible or very difficult (or economically unjustified) - withdraw from the contract and refund the costs related to the sales contract to the Customer
The Customer chooses the method of settling the complaint under conditions to paragraph 8c.
The Seller shall notify the Customer about the possibility of replacement or repair and will provide all information regarding the further course of proceedings.
In the event of a refund, the amount due for the Product purchased by the Customer will be refunded within 14 days after the Seller has obtained the return of this Product.
The refund of the price paid by the Customer shall be analogous to the method of payment chosen by the Customer for the Product.
The Customer who is not a Consumer has the right to lodge a complaint in accordance with the law while the Seller's liability under the warranty for physical defects of the products is limited to the Customer's right to request that the defect be removed or replaced. The seller at his choice will immediately remove the defect or replace the defective product with a product free from defects. The seller may also withdraw from the contract by refunding the price paid for the product affected by a physical defect. In the remaining scope, the Seller's liability under the warranty for product defects in relation to Customers who are not Consumers is excluded.
The Seller does not provide an additional guarantee for the Products sold.
The Customer who is a Consumer may use extrajudicial means of dealing with complaints and redress, including:
a) may refer the case to a permanent amicable consumer court operating at trade inspection with a request to settle the dispute;
b) may apply to the voivodeship inspector of trade inspections to initiate mediation proceedings regarding the amicable settlement of an existing dispute;
c) may take advantage of free assistance on out-of-court dispute resolution and redress of poviat (municipal) consumer ombudsmen and social organizations whose statutory tasks include consumer protection;
d) may take advantage on the European ODR.
§ 7 Protection and processing of personal data
The Seller is the administrator of personal data of Customers and persons indicated by the Customers.
Personal data are processed by the Seller in accordance with the law and only for purposes related to the activities of the Seller, in particular for the conclusion and implementation of sales contracts, as well as archiving of transactions.
Personal data is processed on the basis of: a) the Customer's acceptance of the Regulations, b) the need to perform the contract for the Customer, or c) the legitimate interest of the Administrator.
Providing the Seller with personal data is voluntary, however, failure to provide specific personal data may be associated with difficulties or inability to conclude the sales contract, its effective performance or ensuring proper after-sales service.
Personal data may be transferred to third countries (outside the countries belonging to the European Union) in connection with the delivery of Products ordered by the Seller.
Personal data is stored for the period necessary to process orders. After this period the data may be processed based on the legal obligations of the Seller or a legitimate interest.
The Seller provides persons whose personal data is being processed the exercise of rights arising from legal provisions, including the right to access their personal data, rectify, change, delete or transfer them, as well as the right to request restriction of personal data processing and to object to such processing on the terms set out in relevant regulations. In addition, in the case of voluntary consent to the processing of data, any person whose data is processed has the right to withdraw consent to the processing of data. Any person whose data is processed also has the right to lodge a complaint with the President of the Office for Personal Data Protection.
Personal data regarding Customers and other persons whose data has been reported by the Customer are protected by the Seller against their disclosure to unauthorized persons, as well as other cases of their disclosure or loss or unauthorized modification of the indicated data and information through the use of appropriate technical and organizational security measures.
The administrator has appointed a Data Protection Officer who can be contacted by e-mail.
§ 8 Miscellaneous
In the event of changes to these Regulations the Seller shall inform the Customers on the website www.potz-tech.com
The amended Regulations shall enter into force on the day indicated in its amendment, not less than 7 days from the date of its announcement by the Seller, with the proviso that changes of a technical and information nature or which do not affect the deterioration of the situation of customers may occur in shorter period. Customers who have placed an Order before the new Regulations enter into force shall be subject to the existing Regulations.
For statistical purposes and to ensure the highest quality of services, the Seller uses the information saved by the server on the Customer's terminal device, which is then read each time the Internet browser connects (so-called cookies). The goal is to facilitate browsing the next time you visit the Store. The customer decides himself which cookies and how they are saved via the web browser settings.
None of the provisions of these Regulations shall violate any of the Customer's rights under the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827 as amended) or the provisions of applicable law. These Regulations may also not be interpreted as aiming at any other exclusion or limitation of liability, the exclusion or limitation of which is not permitted under applicable law. If any of the provisions of these Regulations infringed any of the Customer's rights under the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827 as amended), they shall be deemed non-binding and shall not bind the Customer.
By placing an order the Customer accepts the content of the Regulations and is binding on the parties when purchasing Products.
In the event of disputes arising from the implementation of the contract concluded between the Seller and a Customer who is not a Consumer, the court competent to hear disputes is the court having jurisdiction over the Seller's registered office.