Terms and Conditions of the Online Store - unisystem.com

I. General Provisions

These Terms and Conditions set out the general terms and conditions, the manner in which Services are provided electronically, and the sale of goods via the unisystem.com Online Store. The Shop is operated by UNISYSTEM Limited Liability Company, with its registered office in Gdańsk at 36 Nowy Świat Street, 80-299 Gdańsk, registered by the Gdańsk-Północ District Court in Gdańsk, 7th Commercial Division of the National Court Register, KRS 0000553097, NIP 5842741076, REGON 361255803, with share capital of PLN 7,150,000.00, BDO 000357484, hereinafter referred to as the Seller.
You can contact the Seller via:
1. email address: office@unisystem.com;
2. on the following telephone number: +48 58 761 54 20;
3. the contact form available on the Online Store’s website.
These Terms and Conditions are available at all times on the unisystem.com website in a manner that allows their content to be accessed, viewed and recorded by printing or saving to a storage medium at any time.
The Seller hereby informs that the use of Services provided electronically may entail a risk for every Internet user, consisting of the possibility of malicious software being introduced into the Customer’s IT system and of unauthorised persons obtaining and modifying the Customer’s data. To avoid the risk of the aforementioned threats, the Customer should implement appropriate technical measures to minimise their occurrence, in particular anti-virus software and a firewall.
The seller has designated a single point of contact for communication with customers, the authorities of the Member States of the European Union, the European Commission and the Digital Services Board referred to in the DSA Regulation. Communication via this point takes place at the email address specified in point 2 above, in Polish and English.

II. Definitions

The terms used in these Terms and Conditions have the following meanings:

Update – a modification to the Digital Content, including its security features, which is necessary to ensure that the Digital Content remains in compliance with the Agreement;
Business Days – these are days from Monday to Friday, excluding public holidays;
Newsletter Form – an interactive form in the form of a pop-up window, in which users can enter the personal data required to subscribe to the Newsletter and which allows them to subscribe by ticking the required consent boxes and clicking the button to finalise their subscription;
Customer – a natural person who has full legal capacity, a natural person carrying on a business, a legal person or an organisational unit that is not a legal person but is granted legal capacity under specific provisions, who places an Order via the Online Store or uses other Services available on the Online Store;
The Civil Code – Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
Account – the section of the Online Store allocated to a particular Customer, through which the Customer may carry out specific actions within the Online Store;
Consumer – A customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
Lead Magnet – Digital Content offered to customers on the Shop’s website free of charge, in exchange for subscribing to the Newsletter, i.e. in exchange for the personal data required to subscribe to the Newsletter;
Newsletter – An electronic service within the meaning of the Act on the Provision of Electronic Services, through which the Seller may send Customers to the Newsletter all manner of marketing materials and commercial information, or certain Digital Content, offered free of charge in exchange for subscribing to the Newsletter;
Entrepreneur – a customer who is a business within the meaning of Article 43[1] of the Civil Code;
Terms and Conditions – this document;
DSA Regulation – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Digital Services Market and amending Directive 2000/31/EC (Digital Services Act);
Goods – products displayed in the Online Store, a description of which is available alongside each product displayed;
Digital Content – Digital Content as defined in the Consumer Rights Act;
Contract for the supply of Digital Content – A contract for the supply of Digital Content within the meaning of the Consumer Rights Act, entered into between the Seller and the Customer;
Sales Agreement – A contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
Services – services provided by the Seller to Customers by electronic means within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
Copyright Act – the Act of 4 February 1994 on copyright and related rights (Journal of Laws 1994 No. 24, item 83, as amended);
The Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
The Act on the Provision of Electronic Services – the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws No. 144, item 1204, as amended);
Order – a declaration of intent by the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of the Goods.

III. Terms and Conditions of Use of the Online Store

Use of the Online Store is subject to the IT system used by the Customer meeting the following minimum technical requirements:
1. a computer or mobile device with internet access;
2. access to email;
3. Microsoft Edge, Mozilla Firefox, Google Chrome, Opera and Safari web browsers – versions released within the last 12 months;
4. Enabling cookies and JavaScript in your web browser.
Use of the Online Store refers to any action taken by the Customer that results in them viewing the content available on the Store.
The customer is obliged, in particular, to:
1. not to provide or disseminate content prohibited by law, such as content that promotes violence, is defamatory, or infringes the personal rights and other rights of third parties;
2. to use the Online Store in a manner that does not disrupt its operation, in particular by using specific software or devices;
3. refraining from actions such as: sending or posting unsolicited commercial communications (spam) via the Online Store;
4. to use the Online Store in a manner that does not cause inconvenience to other Customers or to the Seller;
5. to use any content published on the Online Store solely for your own personal use;
6. to use the Online Store in a manner consistent with the laws in force in the Republic of Poland, the provisions of the Terms and Conditions, and the general principles governing the use of the Internet.

IV. Services

Through the Online Store, the Seller provides access to free Services, which are available 24 hours a day, 7 days a week.
The service of maintaining an Account on the Online Store is available once registration has been completed. Registration takes place by completing and accepting the registration form, which is available on one of the Online Store’s pages. The contract for the provision of Services consisting of maintaining an Account on the Online Store is concluded for an indefinite period and is terminated upon the Customer submitting a request to delete the Account or clicking the ‘Delete Account’ button.
The Customer may receive commercial information from the Seller in the form of messages sent to the email address provided by the Customer (Newsletter Service). To do so, the Customer must provide a valid email address or tick the relevant box on the registration form or Order form. The Customer may withdraw their consent to receive commercial information at any time. The contract for the provision of the Newsletter Service is concluded for an indefinite period and is terminated upon the Customer sending a request to remove their email addressfrom the Newsletter subscription or by unsubscribing via the link contained within a message sent as part of the Newsletter Service.
The Customer may send messages to the Seller via the contact form. The contract for the provision of Services consisting of making an interactive form available to enable Customers to contact the Seller is concluded for a fixed term and is terminated upon the Customer sending a message.
The Customer may send messages to the Seller using the ‘ask about the product’ form available on the details page of each Goods. The contract for the provision of Services consisting of making available an interactive ‘ask about a product’ form, enabling Customers to contact the Seller regarding Goods, is concluded for a fixed term and is terminated upon the Customer sending a message.
The Seller is entitled to organise occasional competitions and promotions, the terms and conditions of which will be published on the Shop’s website on each occasion. Promotions in the Online Store cannot be combined, unless the Terms and Conditions of a particular promotion state otherwise.
In the event of a breach by the Customer of the provisions of these Terms and Conditions, the Seller, following a prior unsuccessful request to cease or remedy the breaches, setting an appropriate deadline, may terminate the contract for the provision of Services subject to a 14-day notice period.

V. Agreement for the supply of Digital Content as part of the Lead Magnet scheme

All Digital Content available in the Online Store is protected by copyright, including the Seller’s economic rights, and has been lawfully placed on the Polish market.
The Seller declares that, depending on the Digital Content available in the Shop, it is entitled to grant a licence or sub-licence for the use of the Digital Content, in accordance with the Act on Copyright and Related Rights.
The Seller informs the Consumer on the Online Store’s website, in the description of the Digital Content, of the technical requirements necessary for the integration of the Digital Content with the Consumer’s digital environment, including the functionality, compatibility and interoperability of the Digital Content.
The contract for the supply of Digital Content is concluded in Polish, and its terms are in accordance with the Terms and Conditions.
The contract for the supply of Digital Content is concluded for a fixed term and terminates upon the Customer downloading the Digital Content onto their device.
The Seller undertakes to provide the Customer with Updates to the Digital Content for a period of 2 years from the date of delivery of the Digital Content, unless the Consumer and the Service Provider have agreed on a different period on an individual basis.
As part of the conclusion of the Contract for the Supply of Digital Content, the Seller grants the Customer a licence, for an indefinite period, free of charge and on a non-exclusive basis, to use the Digital Content (hereinafter referred to as the ‘Subject Matter of the Licence’) in the following fields of exploitation (hereinafter referred to as the ‘Licence’). The Service Provider grants the User a Licence to use the Subject Matter of the Licence in the following fields of exploitation:
1. storing on the Customer’s computer;
2. use in any form, solely for the Customer’s own purposes.
The Seller declares that it holds the rights to all Licensed Materials, and in particular the economic rights under copyright, related rights and industrial property rights.
The Customer shall not be entitled to grant sub-licences in respect of Licences granted in accordance with this clause of the Terms and Conditions.

VI. Procedure for concluding a contract for the supply of Digital Content as part of the Lead Magnet scheme

The information about Digital Content provided on the Online Store’s website, in particular its descriptions, technical and functional specifications, and the prices of the Digital Content available for purchase, constitute an invitation to enter into a contract within the meaning of Article 71 of the Civil Code.
To subscribe to the Newsletter and receive Digital Content, you must have an active email account.
The customer may receive selected Digital Content in exchange for subscribing to the Newsletter, after completing the Newsletter Form.
The Customer does not pay any fee. In order to receive Digital Content, the Customer provides the Seller with an email address and subscribes to the Newsletter by completing and submitting the Newsletter Form. Before submitting the Newsletter Form, the Customer is informed of the terms and conditions of the Newsletter, including the option to unsubscribe from the Newsletter at any time.
By providing your email address and submitting the Newsletter Form, you are subscribing to the Newsletter and consenting to the sending of commercial communications to the email address provided as part of the Newsletter, in accordance with the applicable regulations.
Subscription to the Newsletter takes effect once the Newsletter Form has been correctly completed and submitted.
Upon successful subscription to the Newsletter, a contract for the supply of Digital Content is concluded. The Seller may display a message to the Customer confirming that the subscription has been completed.
The contract for the supply of Digital Content is concluded in Polish, and its terms are in accordance with the Terms and Conditions.
Digital Content is made available to the email address provided by the Customer when subscribing to the Newsletter.
The Seller makes the Digital Content available immediately after the Customer has successfully subscribed to the Newsletter.
Customers may unsubscribe from the Newsletter at any time.

VII. Procedure for concluding a Sales Agreement

The information about the Goods provided on the Online Store’s website, in particular their descriptions, technical and functional specifications, and prices, constitutes an invitation to enter into a Contract within the meaning of Article 71 of the Civil Code.
All Goods available in the Online Store are brand new, comply with the Contract and have been lawfully placed on the Polish market.
Where the Seller employs mechanisms for individual price adjustment based on automated decision-making, I shall provide this information to the Consumer on each occasion when they place an Order, whilst complying with the requirements laid down in this regard by data protection legislation.
To place an Order, you must have an active email account.
Where an Order is placed via the Order form available on the Online Store’s website, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods covered by the Order. An offer submitted in electronic form is binding on the Customer if the Seller sends a confirmation of acceptance of the Order to the email address provided by the Customer; this confirmation constitutes the Seller’s declaration of acceptance of the Customer’s offer, and the Sales Agreement is concluded upon its receipt by the Customer.
Orders may be placed in the Online Store by sending an email on Business Days and during the hours specified on the Online Store’s website. To do so, the Customer should:
1. state, in the body of the email sent to the Seller, the name of the Goods from amongst those listed on the Online Store’s website and the quantity thereof;
2. select a delivery method and payment method from those listed on the Online Store’s website;
3. provide the details required to fulfil the Order, in particular: full name, place of residence, delivery address and email address.
Information regarding the total value of the Order referred to in the point above is provided by the Seller on each occasion by means of an email, together with a statement that the Customer’s conclusion of the Sales Agreement entails an obligation to pay for the Goods ordered, at which point the Sales Agreement is concluded.
In the case of a Customer who is a Consumer, the Seller shall, each time an Order is placed via email, send the Customer confirmation of the terms and conditions of the Order placed.
The contract is concluded upon the Customer, who is a Consumer (in response to the confirmation of the Order terms sent by the Seller), sending an email to the Seller’s email address, in which the Customer accepts the content of the Order sent, consents to its fulfilment, accepts the Terms and Conditions, and confirms that they have read the information on withdrawing from the Contract.
Once the Sales Agreement has been concluded, the Seller shall confirm its terms and conditions to the Customer by sending them to the Customer’s email address.
The Sales Agreement is drawn up in Polish or English, at the Customer’s discretion, and its terms are in accordance with the Terms and Conditions.

VIII. Delivery

Goods are delivered to the address specified by the Customer when placing the Order.
The goods ordered are delivered to the customer via a courier service.
On the Online Store’s website, in the description of the Goods, the Seller informs the Customer of the number of Business Days required to process the Order and arrange delivery, as well as the cost of delivering the Goods.
The delivery and order fulfilment period is calculated in Business Days in accordance with point VII(2).
The seller provides the customer with a proof of purchase.
1. Proof of purchase may be issued in electronic form.
2. The Customer’s consent is a prerequisite for the issue of a proof of purchase in electronic form.
If different lead times are specified for the Goods covered by the Order, the longest of these lead times shall apply to the Order as a whole.

IX. Prices and payment methods

The prices of Goods are quoted in Polish zlotys, US dollars or euros, at the Customer’s discretion, and include all components, including VAT, customs duties and other charges.
Customers can choose from the following payment methods:
1. bank transfer to the Seller’s bank account (in this case, the fulfilment of the Order will commence once the Seller has sent the Customer confirmation of the Order’s acceptance, and dispatch will take place immediately upon receipt of the funds in the Seller’s bank account and completion of the Order);
2. electronic payment (in this case, the processing of the Order will commence once the Seller has sent the Customer confirmation of the Order’s acceptance and once the Seller has received confirmation from the payment processor’s system that the Customer has made the payment, and dispatch will take place immediately after the Order has been finalised).
On the Online Store’s website, the Seller informs the Customer of the deadline by which they are required to make payment for the Order. Should the Customer fail to make payment by the deadline referred to in the preceding sentence, the Seller may, following a prior unsuccessful demand for payment setting an appropriate deadline, withdraw from the Contract pursuant to Article 491 of the Civil Code.

X. Right to withdraw from the Contract

A Customer who is a Consumer may withdraw from the Contract without giving any reason by submitting a statement to that effect within 14 days. To meet this deadline, it is sufficient to send the statement before the deadline expires.
The customer may draft the statement themselves or use the template provided by the Seller on the Shop’s website.
The 14-day period runs from the date on which the Goods were delivered or, in the case of a contract for the provision of Services, from the date on which it was concluded.
Upon receipt of the Consumer’s notice of withdrawal from the Contract, the Seller shall send a confirmation of receipt of the notice of withdrawal to the Consumer’s email address.
The Consumer’s right to withdraw from the Contract is excluded, amongst other things, in the following cases:
1. Contracts for the provision of services for which the Consumer is obliged to pay a price, provided that the Seller has fully performed the service with the Consumer’s express and prior consent, and the Consumer was informed before the service began that they would lose the right to withdraw from the contract once the service had been performed by the Entrepreneur, and acknowledged this;
2. A contract in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the period for withdrawing from the contract;
3. A contract where the subject matter of the supply is non-prefabricated Goods, manufactured to the Consumer’s specifications or designed to meet their individual needs;
4. A contract where the subject matter of the supply consists of products which, upon delivery, are, by their very nature, inseparably combined with other items;
5. A contract where the subject matter of the supply consists of audio or video recordings or computer software supplied in sealed packaging, where the packaging has been opened after delivery;
6. Contracts for the supply of Digital Content, not supplied on a tangible medium, for which the Consumer is obliged to pay a price, provided that the Seller has commenced performance with the Consumer’s express and prior consent, and the Consumer was informed prior to the commencement of performance that, once the Seller has fulfilled the contract, the Consumer will lose the right to withdraw from the contract, and the Consumer acknowledged this, and the Seller has provided the Consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act.
Other exceptions to the right to withdraw from the Contract are set out in section 38(2) of the Consumer Rights Act.
In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded. Any goods supplied by the parties shall be returned in their original condition, unless any alteration was necessary to ascertain the nature, characteristics and functionality of the Goods. The return must take place without delay, and no later than within 14 days. The purchased Goods must be returned to the Seller’s address.
The Seller shall, without undue delay and no later than 14 days from the date of receipt of the Consumer’s notice of withdrawal from the Contract, refund to the Consumer all payments made by the Consumer, including the costs of delivery of the Goods. The Seller shall refund the payment using the same method of payment as that used by the Consumer, unless the Consumer agrees to a different method of refund, in which case such method shall not entail any cost to the Consumer. The Seller may withhold the refund of payments received from the Customer until the Goods have been returned or the Customer has provided proof of their return, whichever occurs first, unless the Seller has offered to collect the Goods from the Customer themselves.
If the Consumer has chosen a method of delivery other than the cheapest standard method offered by the Seller, the Seller is not obliged to reimburse the Consumer for any additional costs incurred by the Consumer.
The Customer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear that cost.

XI. Complaints regarding Goods

The Seller undertakes to supply Goods in accordance with the Contract.
The Seller shall be liable for any non-conformity of the Goods with the contract in accordance with the provisions of the Consumer Rights Act in relation to a Customer who is a Consumer and a Customer who is a natural person entering into a contract directly related to their business activities, where it is apparent from the terms of that Contract that it is not of a professional nature for that person. The warranty in respect of Entrepreneurs is excluded.
Complaints arising from a breach of the Customer’s rights, whether guaranteed by law or under these Terms and Conditions, should be addressed to UNISYSTEM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Nowy Świat 36, 80-299 Gdańsk, by email to: rma@unisystem.com, or by telephone on +48 587 703 119.
If damage to the Goods is discovered during delivery, the Seller recommends that the Customer, where possible, draw up a damage report or other equivalent document with the carrier and submit it to the Seller together with the complaint. The absence of a damage report or other similar document does not exclude or limit the Customer’s right to lodge a complaint or the Seller’s obligation to consider it.
The Customer shall make the Goods subject to the complaint available to the Seller. The Seller shall collect the Goods from the Customer at its own expense.
The Seller undertakes to consider every complaint within 14 days of receiving it.
In the event of any omissions in the complaint, the Seller shall request the Customer to supplement it as necessary without delay, but no later than within 7 days of the date on which the Customer receives the request.

XII. Complaints regarding the provision of services by electronic means

The Customer may submit complaints to the Seller regarding the operation of the Shop and the use of the Services. Complaints may be submitted in writing to the following address: UNISYSTEM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Nowy Świat 36, 80-299 Gdańsk, or by email to: marketing@unisystem.com.
In their complaint, the customer should state their full name, postal address, and the nature and description of the problem.
The Seller undertakes to consider every complaint within 14 days of receiving it. Should the complaint be incomplete, the Seller shall request the Customer to provide the necessary additional information within 7 days of the Customer’s receipt of such a request.

XIII. Guarantees

Goods may be covered by a manufacturer’s or the Seller’s warranty.
In the case of Goods covered by a guarantee, information regarding the existence and terms of the guarantee, as well as the duration for which it is granted, is always provided in the description of the Goods on the Online Store’s website.

XIV. Out-of-court methods of resolving complaints and pursuing claims

A Customer who is a Consumer has, amongst other things, the following options for using out-of-court complaint handling and redress procedures:
1. is entitled to apply to the permanent consumer arbitration tribunal operating within the Trade Inspection Authority for a ruling on a dispute arising from the concluded Sales Agreement;
2. is entitled to apply to the provincial inspector of the Trade Inspection Authority to initiate mediation proceedings with a view to the amicable resolution of a dispute between the Customer and the Seller;
3. may obtain free assistance in resolving a dispute between the Customer and the Seller, whilst also making use of the free assistance provided by the district (municipal) consumer ombudsman or a civil society organisation whose statutory remit includes consumer protection (including, amongst others, the Consumers’ Federation, the Association of Polish Consumers). Advice is provided by the Consumers’ Federation via the free consumer helpline on 800 007 707 and by the Polish Consumers’ Association via email at porady@dlakonsumentow.pl.

XV. Protection of personal data

The Seller collects and processes the personal data provided by Customers in accordance with applicable legislation and in accordance with the Privacy Policy, which is available on the Shop’s website.

XVI. Final provisions

All rights to the Online Store, including economic copyright, intellectual property rights to its name, web domain, the Online Store’s website, as well as to forms and logos, belong to the Seller, and they may only be used in the manner specified and in accordance with the Terms and Conditions.
The provisions contained in these Terms and Conditions relating to the Consumer, concerning withdrawal from the contract and complaints, apply to a natural person entering into a contract directly related to their business activity, where it is apparent from the content of that contract that it is not of a professional nature for that person, as evidenced, in particular, by the nature of their business activity, as disclosed pursuant to the provisions on the Central Register and Information on Economic Activity. The provisions concerning out-of-court complaint resolution and the pursuit of claims shall not apply.
Any disputes arising between the Seller and a Customer who is a Consumer shall be settled by the courts having jurisdiction in accordance with the relevant provisions of the Civil Code.
Any disputes arising between the Seller and a Customer who is an Entrepreneur shall be settled by the court having jurisdiction over the Seller’s registered office.
In matters not covered by these Terms and Conditions, the provisions of the Civil Code, the Act on the Provision of Electronic Services, the Consumer Rights Act and other relevant provisions of Polish law shall apply.
Each Customer will be informed of any amendments to the Terms and Conditions via a notice on the Online Store’s homepage, setting out the changes and the date on which they come into effect.
Customers with an Account will also be notified of the changes, together with a summary thereof, at the email address they have provided. The changes will come into effect no sooner than 14 days from the date of their announcement. Should a Customer holding a Customer Account not accept the new terms of the Terms and Conditions, they are obliged to notify the Seller of this within 14 days of being informed of the changes to the Terms and Conditions. Notifying the Seller of non-acceptance of the new terms of the Terms and Conditions shall result in the termination of the Contract.