Terms and Conditions of the datasystem.pl Online Store

§ 1 General provisions

These Terms and Conditions set out the rules of use of the datasystem.pl Online Store operated by Data System spółka z o.o. with its registered office in Poznań, abpa. A. Baraniaka 88b, 61-131 Poznań, NIP: 7792361331, Regon: 301171094, entered into the register of entrepreneurs kept by the District Court Poznań — Nowe Miasto i Wilda in Poznań, 8th Commercial Division Data System sp. z o.o., KRS 00001005427 (hereinafter: Data System), the placing of orders for products available in the datasystem.pl Online Store, the delivery of ordered products to the Customer, the payment by the Customer of the purchase price of the products and for the services provided, as well as the rules for submitting and examining complaints.
In order to use the datasystem.pl Online Store, including placing orders for products available in the Store, the following are necessary: a) a computer/phone/mobile device with Internet access and the latest version of a web browser (e.g. Internet Explorer, Google Chrome, Opera, Safari, Mozilla Firefox), b) an email account.
The Customer is obliged to use the datasystem.pl Online Store in accordance with its intended purpose, including refraining from any activity which could cause the improper functioning of the datasystem.pl Online Store.
The Customer is obliged to read the content of these Terms and Conditions before placing an Order and to comply with the provisions of the Terms and Conditions.
Data System shall not be liable for disruptions and interruptions in the operation of the Data System.pl Online Store caused by force majeure, unlawful action by the Customer or third parties, or in the event of incompatibility of the datasystem.pl Online Store with the Customer's technical infrastructure.
These Terms and Conditions have been issued on the basis of Article 384 § 1 of the Civil Code and the provisions of the Act on the provision of services by electronic means.
In connection with the use of the datasystem.pl Online Store, the Customer declares and confirms that they have received these Terms and Conditions as well as the Terms and Conditions for the provision of services, lease (or sale) before concluding the Agreement, have read and understood their contents, accept them and undertake to comply with them.
These Terms and Conditions as well as the Terms and Conditions for the provision of services, lease (or sale) of DSLOCATE are available in paper form at the registered office of Data System and in electronic form on the website www.datasystem.pl. The terms and conditions are available in PDF format, which allows them to be saved on the Customer's device and played back multiple times.

§ 2 Definitions

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

Data System – Data System spółka z o.o. with its registered office in Poznań, abpa. A. Baraniaka 88b, 61-131 Poznań, entered into the register of entrepreneurs kept by the District Court Poznań - Nowe Miasto i Wilda in Poznań, 8th Commercial Division KRS: 0001005427, with share capital of PLN 1,000,000.00

Store, datasystem.pl Online Store - the online store operated by Data System under the domain www.datasystem.pl..

Customer - any legal person or organisational unit without legal personality to which the relevant act grants legal capacity, as well as a natural person conducting business or professional activity in their own name, making purchases in the datasystem.pl Online Store in connection with their business activity.

Agreement - a contract for the sale of a Product together with the provision of location services, at the Customer's choice, concluded at a distance via the Online Store as part of the business activities conducted by the parties. The Agreement is concluded upon confirmation of the crediting of the price specified in the Order to the bank account of Data System.

Order - a declaration submitted electronically by the Customer expressing the intention to conclude an Agreement on the form made available on the website www.datasystem.pl.

Transaction - any payment made via the Store and the payment intermediary mBank or mElements S.A.

Business day - any day from Monday to Friday, excluding public holidays.

Terms and Conditions - these terms and conditions.

GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

§3 Preliminary provisions

Use of the Store is conditional upon having a device capable of communicating with the Internet and equipped with a web browser.
The Customer is obliged to read the Terms and Conditions in detail before starting to use the Store, including placing an Order. If the Customer does not agree to the provisions of the Terms and Conditions, they should cease using the Store.
The Customer is obliged to enter the required data into the Order in accordance with the actual state of affairs, the law and good practice. The data provided must not infringe the personal rights or property rights of third parties.
Data System is a VAT payer and VAT will be added to each transaction for the sale of a product/service.

§ 4 Information about products/services

The information presented about products/services available in the datasystem.pl Online Store constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
The prices of products/services quoted on the datasystem.pl Online Store website:
1. do not include VAT and are quoted in Polish złoty,
2. do not include delivery costs,
The total cost of the Order is presented in the Order summary, before it is confirmed by the Customer (conclusion of the Agreement).
Data System reserves the right to make ongoing changes to the prices of products and services. The right referred to in the preceding sentence shall not affect orders placed and confirmed before the date of the change in the price of the product.

§ 5 Order, conditions of Order fulfilment

The datasystem.pl Online Store processes Orders with delivery to Poland and other EU countries. For Orders to foreign destinations, the shipping conditions, in particular the costs and delivery time, are agreed individually.
Before placing an Order, the Customer should familiarise themselves with these Terms and Conditions and with the Terms and Conditions for the provision of services, lease or sale governing, among other things, quality warranty matters. The fact of delivery of the content of the Terms and Conditions, familiarisation with them and acceptance of all their provisions shall be explicitly confirmed by the Customer before final confirmation of the Order. The Order form shall not be forwarded for fulfilment in the event of failure to confirm receipt of the Terms and Conditions.
Orders may be placed electronically 24 hours a day, 7 days a week.
The Customer may place an Order by selecting the product or service and its quantity.
To place an Order:
1. select the product(s);
2. go to the "basket",
3. select an available delivery method, select a payment method,
4. fill in the required fields of the purchase form,
5. make a declaration regarding the delivery of these Terms and Conditions and the Terms and Conditions for the provision of location services, lease (or sale) before concluding the Agreement;
After making the payment, the Customer will receive an email confirming that the transaction has been accepted for processing, which constitutes confirmation of the conclusion of the Agreement. The Agreement is concluded at the moment the Customer receives the confirmation referred to in the preceding sentence.
The fulfilment of the Order (preparation and dispatch of products) by Data System takes place after confirmation of the Order and receipt by Data System of the payment of the Order price to the indicated account.
The deadline for forwarding the Order for fulfilment, in the case of products in stock, is no longer than 3 business days, counting from the date specified in point 7 above. In most cases, Orders are forwarded for fulfilment within 24 hours of the day indicated in point 7 above.
When Data System hands over the product to the carrier, the benefits and burdens associated with the product as well as the risk of accidental loss or damage to the product pass to the Customer. In such a case, Data System shall not be liable for the loss, shortage or damage of the product arising from its acceptance for carriage until its delivery to the Customer, or for delay in the carriage of the consignment.
The Customer is obliged to inspect the consignment at the time and in the manner customary for consignments of this type. If they find that during transport a loss or damage to the Product has occurred, they are obliged to take all actions necessary to establish the liability of the carrier.
The liability of Data System towards the Customer, regardless of its legal basis, is limited — both within the framework of a single claim and for all claims in total — to the amount of the price paid and the delivery costs under the Agreement, but no more than the amount of one thousand złoty. Data System is liable towards the Customer only for typical damage foreseeable at the time of concluding the contract, and shall not be liable for loss of profit.
The purchase of each product is confirmed by means of a VAT invoice sent by Data System to the Customer at the email address provided in the purchase form no later than within 3 business days from the date of confirmation of the transaction. During the same period, Data System sends the Customer, in electronic form, the login details used to log in to the DSLocate application.
In accordance with Article 106n, paragraph 1 of the Act on Value Added Tax, the Customer consents to the sending and making available of invoices, as well as their corrections and duplicates, in accordance with applicable regulations, in electronic form by the following invoice issuer: Data System sp. z o.o. with its registered office in Poznań, ul. abpa. A. Baraniaka 88b, 61-131 Poznań.
Payment of the price for the purchase of a product/service is possible, among other methods, by means of Visa, Visa Electron, MasterCard, MasterCard Electronic and Maestro payment cards.
In the event of an accepted return of goods for an order paid by payment card, the Customer will receive the funds back to the payment card account used to pay for the Order.

§6 Maintenance work

Data System reserves the right to carry out maintenance work on the IT system, which may cause temporary difficulties or make it impossible to use the datasystem.pl Online Store.
Data System shall not be liable for the blocking by mail server administrators of the sending of messages to the email address indicated by the Customer, or for the deletion and blocking of emails by software installed on the computer used by the Customer to use the Data System Online Store.

§ 7 Rules of liability

The Customer declares that they have legal capacity, including in particular the capacity to enter into legally binding contracts, and that they are concluding the Agreement as part of their business activity, and that the product/service/services which are the subject of the Agreement are/will be used as part of their business activity. The services/products are of a professional nature for the Customer, resulting in particular from the subject of the business activity conducted by the Customer, carried out on the basis of an entry in the Central Register and Information on Economic Activity or in the National Court Register (KRS).
The Customer acknowledges that the products/services provided within the framework of the Store are based on the operation of a web network, which may involve possible interruptions in access to the Store, caused in particular by failures, network or website maintenance, including those resulting from the introduction of necessary changes and improvements. Data System shall not be liable for any damage caused by an interruption in access to the Store. Data System shall also not be liable for any interruptions in the operation of sites cooperating with the Store, including the mElements S.A. payment system."
Data System shall not be liable for the non-performance or improper performance of services within the framework of the Store resulting from force majeure. Force majeure is understood in particular as an event of a natural character, e.g. earthquake, flood, hurricane, armed act, including, among other things, an act of terrorism, epidemic, actions of public authorities, including orders of public authorities taking the normative form of provisions of law, events of the nature of violent, sudden and large-scale social protests (strikes, demonstrations, etc.) preventing or hindering the operation of the Store.
Data System shall not be liable for improper use of the Store by the Customer.

§8 Prices and forms of payment

The prices of Products quoted do not include delivery costs.
The price binding for the Customer is the price current at the time of placing the Order (Order summary).
The Store provides for the following forms of payment: instant transfer, payment cards and Blik. The Store provides for the following forms of payment: instant transfer, payment cards and Blik. The entity providing payment services is mBank S.A. In the area of online payments by card, the entity providing payment services is mElements S.A.
The Customer is obliged to make payment of the price for the Order placed immediately after placing the Order.
Data System has the right to expand/restrict the available payment methods.
The detailed terms and conditions of payment and the rules of operation of the online payment platform in relation to payments are set out in the general terms and conditions available at https://www.melements.pl/ and mbank.pl.
By using the Store, the Customer declares that they have accepted the conditions referred to in paragraph 6 above and are bound by them.

§9 Dispatch of the product

Delivery costs shall be borne by the Customer in each case.
While filling in the interactive Order form, the Customer is informed of the costs and chooses the method of payment and delivery and accepts the shipping cost when placing the Order.
In the case of shipping abroad, shipping costs and delivery time are agreed individually.
Purchased products are delivered via parcel locker or courier shipment.
The rules and manner of providing location services are set out in the Terms and Conditions for the provision of services, lease (or sale of DSLOCATE).

§10 Confidentiality of data

Data System, in accordance with applicable legal provisions, exercises due diligence in maintaining the confidentiality of information transmitted during the purchasing process in the Store on the website www.datasystem.pl, as well as information about the services provided to Customers, unless it is publicly available or its disclosure is not necessary for the proper provision of the services to which it relates.
Information covered by secrecy may be processed by Data System if this constitutes the subject of the service provided to Customers, is necessary for its proper performance or for the supervision of the proper operation of the Data System IT system.
Data System exercises due diligence, to the extent justified for technical or economic reasons, in securing IT devices, IT networks and data collections against the disclosure of confidential data within the meaning of this paragraph.

§11 Protection of personal data

The controller of personal data is Data System.
In matters concerning the protection of personal data, the Customer may contact Data System through the Data Protection Officer appointed by Data System by sending an email to: biuro@datasystem.pl.
The personal data of the Customer and, where applicable, their employees using the Store shall be processed exclusively for the following purposes and on the following legal bases:
1. related to the conclusion of an Agreement for the range of products available in the Store, as well as the examination of complaints and requests and the provision of answers to the Customer's questions (in accordance with Article 6(1)(b) or (f) of the GDPR);
2. ensuring the handling of payment services (in accordance with Article 6(1)(f) of the GDPR); the possible establishment, pursuit, enforcement of claims or defence against claims;
3. constituting the pursuit of the legitimate interests of Data System, as well as the prevention of abuse and fraud (in accordance with Article 6(1)(f) of the GDPR);
4. direct marketing of services (in accordance with Article 6(1)(f) of the GDPR), and in the event of the Customer's consent — also for the purpose of sending marketing information by means of electronic communication (in accordance with Article 6(1)(a) of the GDPR);
5. statistical purposes and carrying out analytical research, i.e. better tailoring of services to the Customer's needs, optimisation of service processes, ensuring the IT security of the service, detecting cases of unauthorised use of the service, financial analysis of Data System, constituting the pursuit of its legitimate interest in this regard (in accordance with Article 6(1)(f) of the GDPR);
6. storing data for archival purposes and ensuring accountability (in accordance with Article 6(1)(f) of the GDPR);
The scope of personal data processed includes:
1. name and surname,
2. company name;
3. correspondence address,
4. email address,
5. telephone number,
Personal data will be stored for the period of:
1. the duration of the Agreement concluded with Data System, and after its termination, in connection with the Controller's legal obligation arising from generally applicable legal provisions;
2. necessary for Data System to pursue claims in connection with its business activities, or
3. defence against claims directed against Data System, on the basis of generally applicable legal provisions, taking into account the limitation periods for claims specified in generally applicable legal provisions;
4. in the case of processing for marketing purposes — for the duration of the agreement or until the Customer raises an objection to such processing, whichever occurs first;
5. in the case of consent to the processing of data for a given purpose — until consent is withdrawn or no longer than is necessary to fulfil the purpose for which the data was collected.
6. for the purposes of accountability, i.e. proving compliance with the regulations on the processing of personal data — they will be stored for the period during which Data System is obliged to keep the data or documents containing it in order to demonstrate compliance with legal requirements and enable their verification by public authorities.
Data System uses the services of other entities that process personal data on its behalf, in the following areas:
1. legal services,
2. IT services,
3. marketing services,
4. maintenance and support of the telecommunications network.
In the case of processing of the Customer's personal data on the basis of consent, the Customer has the right to withdraw that consent at any time. The withdrawal of consent does not, however, affect the lawfulness of processing carried out on the basis of consent before its withdrawal.
The Customer has the right to object to the processing of personal data based on the conditions indicated in Article 6(1)(e) and (f) of the GDPR, i.e. necessary for the performance of a task carried out by Data System in the public interest or in the exercise of official authority vested in Data System (Article 6(1)(e) of the GDPR), or necessary for the purposes of the legitimate interests pursued by Data System or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data (Article 6(1)(f) of the GDPR). In addition, it is possible to object to the processing of personal data for the purposes of direct marketing, including profiling. In the case of objection, Data System will cease processing the data for these purposes, unless it is able to demonstrate that there are compelling legitimate grounds for processing the Customer's data which override the interests, rights and freedoms of the Customer, or where the Customer's data will be necessary for Data System to establish, pursue or defend against claims.
The Customer has the right to access their personal data, to rectify, erase or restrict its processing, or to object to its processing, as well as the right to data portability.
In order to exercise the rights referred to in paragraph 9 above, it is necessary to submit a request to Data System by sending it to the following email address: biuro@datasystem.pl. In order to ensure that the person submitting the request is authorised to do so, Data System is entitled to obtain additional information enabling the Customer to be authenticated.
The Customer has the right to lodge a complaint with the President of the Personal Data Protection Office,
Data System ensures the application of appropriate technical and organisational measures guaranteeing the security of the personal data processed, in particular preventing access to such data by unauthorised third parties, or its processing in breach of generally applicable legal provisions, preventing loss of personal data, its damage or destruction.
Data System does not currently plan to transfer the Customer's personal data to a third country or to international organisations (i.e. outside the EEA).

§12 Complaints

Complaints concerning products and/or the provision of services within the framework of the Store may be submitted by email to: reklamacje@datasystem.pl or in the form of a registered letter sent to the address of Data System within 1 month from the date of the event.
The complaint submission should contain details of the person submitting the complaint (first name, surname, residential address, email address) and a description of the event giving rise to the complaint. The precise rules and warranty conditions for products are set out in the Terms and Conditions for the provision of services, lease or sale of DSLOCATE.
If the data or information provided in the complaint requires supplementation, Data System, before examining the complaint, will ask the Customer to supplement it to the specified extent. The above also applies to the need to supply the product or products being the subject of the complaint, together with proof of purchase (invoice). The time for examining the complaint is then counted from the date of supplementation or correction of the data.
Complaints will be examined within 30 days from the date of receipt of a correct complaint submission. Information on the manner of handling the complaint will be sent to the Customer in paper form or in electronic form to the email address from which the complaint was sent.
Customers and other persons may submit to Data System any requests, comments and questions concerning the operation of the Store and the services provided by the Store. The above should be submitted to the email address: biuro@datasystem.pl
Customers may also report any failures or malfunctions in the operation of the Store to the address referred to in paragraph 5.
A description of additional issues concerning the operation of the Store, including information and news, is available at www.datasystem.pl
The parties exclude the liability of Data System under statutory warranty.

§13 Amendment of the Terms and Conditions

Data System has the right to unilaterally amend the Terms and Conditions. Amendments to the Terms and Conditions shall take effect 7 days after the date of posting the amended Terms and Conditions on the website at the following address: www.datasystem.pl
Data System will inform Customers of any amendments to the Terms and Conditions by posting the relevant information on the website www.datasystem.pl.

§14 Final provisions

The headings referred to in these Terms and Conditions are of an auxiliary nature only and shall have no effect on the interpretation of their provisions.
The Terms and Conditions and the Agreement are governed by Polish law.
In matters not regulated by the Terms and Conditions, the provisions of the Civil Code and the Act on the provision of services by electronic means, as well as other mandatory provisions of law, shall apply.
In the event that individual provisions of the Terms and Conditions prove to be ineffective or unenforceable, the other provisions shall remain in force.
The Terms and Conditions are in force from 1 April 2021.
The Agreement is governed by Polish law and shall be interpreted in accordance with it. Polish courts shall have exclusive jurisdiction to settle any disputes, claims or controversies arising from or in connection with the Agreement and/or the Terms and Conditions. The parties submit to the exclusive jurisdiction of the common courts in Poland having territorial jurisdiction over the registered office of Data System.
In the event of discrepancies between the provisions of the Terms and Conditions and the Terms and Conditions for the provision of services, lease (or sale), the provisions of these Terms and Conditions shall take precedence.

The Terms and Conditions in PDF format are available here