Terms and Conditions of the datasystem.pl online shop

§ 1 General provisions

These Terms and Conditions set out the rules for using the datasystem.pl online shop operated by Data System spółka z o.o., with its registered office in Poznań at abpa. A. Baraniaka 88b, 61-131 Poznań, NIP: 7792361331, Regon: 301171094, entered in 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 rules for placing orders for products available in the datasystem.pl online shop, 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 filing and processing complaints.
In order to use the datasystem.pl online shop, including placing orders for products available in the Shop, the following are required:
1. a computer/telephone/portable device with access to the Internet and the latest version of a web browser (e.g. Internet Explorer, Google Chrome, Opera, Safari, Mozilla Firefox),
2. an e-mail account.
The Customer is obliged to use the datasystem.pl online shop in accordance with its intended purpose, including refraining from any activity that could cause the malfunctioning of the datasystem.pl online shop.
The Customer is obliged to read the contents 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 any disruptions or interruptions in the operation of the datasystem.pl online shop caused by force majeure, unlawful actions of the Customer or third parties, or in the event of incompatibility of the datasystem.pl online shop 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 Electronic Services.
In connection with the use of the datasystem.pl online shop, the Customer declares and confirms that they have received these Terms and Conditions and the Terms and Conditions of provision of services, rental (or sale) before the conclusion of the Contract, have read and understood their content, accept them and undertake to comply with them.
These Terms and Conditions, as well as the Terms and Conditions of provision of services, rental (or sale), 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 replayed multiple times.

§ 2 Definitions

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

Data System - Date System spółka z o.o., with its registered office in Poznań, abpa. A. Baraniaka 88b, 61-131 Poznań, entered in 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.

Shop, datasystem.pl Online Shop - the online shop operated by Data System under the domain www.datasystem.pl.

Customer - any natural person, legal person or organisational unit without legal personality to which the relevant act grants legal capacity, making purchases in the datasystem.pl online shop.

Contract - a contract for the sale of a product together with the provision of location services, chosen by the Customer and concluded at a distance via the Online Shop. The Contract is concluded at the moment when the price of the product and the services chosen by the Customer, precisely specified in the Order, is credited to Data System's bank account and a confirmation that the Order has been accepted for processing has been sent.

Order - a declaration submitted electronically by the Customer of their intention to conclude a Contract using the form made available on the website www.datasystem.pl.

Transaction - any payment made through the Shop and the payment intermediary mBank or mElements S.A.

Business day - any day from Monday to Friday, between 8.00 and 16.00, excluding statutory 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

A condition for using the Shop is having a device that communicates with the Internet and is equipped with a web browser.
The Customer is obliged to familiarise themselves in detail with the Terms and Conditions before starting to use the Shop, including before concluding a Contract. If the Customer does not agree to the provisions of the Terms and Conditions, they should stop using the Shop.
The Customer is obliged to enter into the Order the required data that is true and consistent with the law and good morals. The data provided must not infringe the personal rights or property rights of third parties. The Customer is obliged to use the Online Shop with respect for the personal rights and copyrights and intellectual property of Data System and of third parties. The Customer is prohibited from providing unlawful content.
Data System is a VAT payer and VAT will be added to every transaction for the sale of a product/service.

§ 4 Information about products/services

The information presented about the products available in the datasystem.pl online shop constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
The prices of products/services indicated on the datasystem.pl online shop website:
1. do not include VAT and are given in PLN,
2. do not include delivery costs.
The total cost of the Order (including VAT and delivery costs) is presented in the Order summary, before it is confirmed by the Customer (conclusion of the Contract).
Data System reserves the right to make ongoing changes to the prices of products and services. The right referred to in the previous sentence has no effect on Orders placed and confirmed before the date of the change in the price of the product/service.

§ 5 Order, conditions for processing the Order

The datasystem.pl online shop processes Orders with delivery to Poland and other EU countries. For Orders abroad, the shipping conditions, in particular the costs and delivery time, are agreed individually.
Before placing an Order and concluding a Contract, the Customer should read these Terms and Conditions and the Terms and Conditions of provision of services, rental or sale, which regulate, among other things, quality warranty matters. The Customer expressly confirms the fact that the content of the Terms and Conditions has been provided, that they have read them and accept all their provisions before the final confirmation of the Order. The Order form will not be forwarded for processing if receipt of the Terms and Conditions is not confirmed.
Orders can be placed electronically 24 hours a day, 7 days a week.
The Customer may place an Order by selecting the product, the service and their quantity.
In order to place an Order, the following steps must be taken:
1. select the product/products and add them to the "basket",
2. go to the "basket";
3. choose an available delivery and payment method,
4. fill in the required fields of the purchase form,
5. submit a declaration regarding the delivery of these Terms and Conditions and of the Terms and Conditions of the provision of location services, rental (or sale) before the conclusion of the Contract;
After making the payment, the Customer will receive an e-mail confirming that the transaction has been accepted for processing. The Contract is concluded upon receipt by the Customer of the confirmation referred to in the preceding sentence.
The Customer acknowledges and accepts that due to the operation of the services (access to all functionalities is possible upon receipt of the Product), they consent to the commencement of the provision of services before the expiry of the period for withdrawal from the Contract. In accordance with the provisions of the Act of 30 May 2014 on consumer rights, in the case referred to in the previous sentence, the Customer who is a consumer is obliged to pay for the services performed until the possible withdrawal from the Contract.
The processing of the Order (preparation and shipment of the products) by Data System takes place after Data System has confirmed payment of the Order price to the indicated Data System account.
The time for forwarding an Order for processing for products in stock is no longer than 3 business days, counted from the date determined as in point 8 above. In most cases, Orders are forwarded for processing within 24 hours of the day indicated in point 8 above.
The purchase of each product is confirmed by a VAT invoice sent by Data System to the Customer to the e-mail address provided in the purchase form no later than within 3 business days from the date of purchase.
. In accordance with Article 106n(1) of the Act on the Tax on Goods and Services, the Customer accepts the sending and making available of invoices, as well as their corrections and duplicates, in accordance with the applicable regulations, in electronic form from the Invoice Issuer indicated below: 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 will be possible, among other things, using a Visa, Visa Electron, MasterCard, MasterCard Electronic and Maestro payment card.
In the event of a return of goods for an order paid for by payment card, the Customer will receive the funds on the account of the payment card used to pay for the Order.

§6 Maintenance work

Data System reserves the right to carry out maintenance work on the IT system that may cause temporary difficulties or make it impossible to use the datasystem.pl online shop.
Data System shall not be liable for the blocking by mail server administrators of the sending of messages to the e-mail address indicated by the Customer or for the deletion and blocking of e-mails by software installed on the computer used by the Customer to access the Data System online shop.

§ 7 Rules of liability

The Customer declares that they have legal capacity, in particular the capacity to enter into legally binding contracts.
The Customer acknowledges that the products/services provided as part of the Shop are based on the operation of the web, which may involve possible interruptions in access to the Shop caused in particular by failures, maintenance of the network or the website, including those resulting from the introduction of necessary changes and improvements. Data System shall not be liable for damage caused by interruptions in access to the Shop. Data System shall also not be liable for any interruptions in the operation of websites cooperating with the Shop, including the payment system.
Data System shall not be liable for non-performance or improper performance of services within the Shop resulting from force majeure. Force majeure means, in particular, an event of a natural nature, e.g. earthquake, flood, hurricane, act of war, including in particular acts of terrorism, an epidemic, actions of public authorities, including orders of public authorities taking the normative form of a legal provision, events in the form of violent, sudden and large-scale social protests (strikes, demonstrations, etc.) preventing or hindering the operation of the Shop.
Data System shall not be liable for the improper use of the Shop by the Customer.

§8 Prices and forms of payment

The Product prices indicated do not include delivery costs.
The price binding on the Customer is the price current at the moment of placing the Order.
The Shop provides the following forms of payment: instant transfer, payment cards and Blik. The Shop provides the following forms of payment: instant transfer, payment cards and Blik. The entity providing payment handling is mBank S.A. For online payments in the field of card payments, the entity providing payment handling is mElements S.A.
The Customer is obliged to pay the price for the placed Order immediately after placing (confirming) the Order.
Data System has the right to extend/limit the available payment methods.
Detailed payment conditions and rules for the operation of the online payment platform in the field of payments are set out in the general terms and conditions available at https://www.melements.pl/ and mbank.pl.
By using the Shop, the User declares that they have accepted the conditions referred to in paragraph 6 above and are bound by them.

§9 Product shipment

Delivery costs are always borne by the Customer.
When filling in the interactive Order form, the Customer is informed of the costs, chooses the payment and delivery method, and accepts the shipping cost when placing the Order.
In the case of shipment abroad, the shipping costs and delivery time are agreed individually.
Purchased products are delivered via a parcel locker or by courier parcel. The Customer may also collect the Order in person at the registered office of Data System.
The rules and manner of providing the location services are set out in the Terms and Conditions of provision of services, rental (or sale), which are delivered to the Customer before the conclusion of the Contract.

§10 Data confidentiality

In accordance with the applicable provisions of law, Data System exercises due care with regard to the confidentiality of information transmitted during the purchase process in the Shop on the website www.datasystem.pl, as well as information about services provided to Customers, where they are not public by their nature or where their disclosure is not necessary for the proper performance of the services to which they relate.
Information covered by secrecy may be processed by Data System if it is the subject matter of a 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 care, to the extent justified by technical or economic considerations, in securing IT equipment, IT networks and data sets 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.
On matters of personal data protection, the Customer may contact Data System through the Data Protection Officer appointed by it by sending an e-mail to: biuro@datasystem.pl.
The personal data of the Customer using the Shop will be processed solely for the following purposes and on the following legal grounds:
1. related to the conclusion of a Contract for the assortment available in the Shop, as well as handling complaints and requests and answering the Customer's questions (in accordance with Article 6(1)(b) or (f) GDPR);
2. ensuring the handling of payment services (in accordance with Article 6(1)(f) GDPR); the possible establishment, pursuit, enforcement of claims or defence against claims;
3. pursuit of the legitimate interests of Data System, as well as for the prevention of abuse and fraud (in accordance with Article 6(1)(f) GDPR);
4. direct marketing of services (in accordance with Article 6(1)(f) GDPR) and, where the Customer has granted appropriate consent, also for the purpose of sending marketing information by means of electronic communication (in accordance with Article 6(1)(a) GDPR);
5. statistical and analytical research, i.e. better matching of services to the Customer's needs, optimisation of service processes, ensuring IT security of the service, detecting cases of unauthorised use of the service, financial analysis of Data System, pursuing its legitimate interest in this respect (in accordance with Article 6(1)(f) GDPR);
6. storage of data for archiving purposes and ensuring accountability (in accordance with Article 6(1)(f) GDPR);
The scope of the personal data processed includes:
1. name and surname,
2. correspondence address,
3. e-mail address,
4. telephone number,
Personal data will be kept for a period:
1. of the term of the Contract concluded with Data System and, after its termination, in connection with the legal obligation of the controller arising from generally applicable provisions of law;
2. necessary for the pursuit of claims by Data System in connection with the business it conducts; or
3. defence against claims brought against Data System, on the basis of generally applicable provisions of law, taking into account the limitation periods for claims specified in generally applicable provisions of law;
4. in the case of processing for marketing purposes - for the term of the contract or until the Customer objects to such processing, whichever occurs first;
5. in the case of consent being given to the processing of data for a given purpose – until consent is withdrawn or for no longer than is necessary to achieve the purpose for which they were collected;
6. for the purpose of accountability, i.e. to prove compliance with the provisions on the processing of personal data – they will be stored for the period during which Data System is obliged to retain the data or the documents containing them in order to document compliance with legal requirements and to enable public authorities to verify such compliance.
Data System uses the services of other entities processing personal data on its behalf in the scope of:
- legal services,
- IT services,
- marketing services,
- maintenance and operation 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 it at any time. The withdrawal of consent does not, however, affect the lawfulness of the 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 grounds set out in Article 6(1)(e) and (f) GDPR, i.e. necessary for the performance of a task carried out by Data System in the public interest or in the exercise of public authority entrusted to Data System (Article 6(1)(e) 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 the protection of personal data (Article 6(1)(f) GDPR). In addition, it is possible to object to the processing of personal data for direct marketing purposes, including profiling. In the event of an objection, Data System will cease processing the data for those purposes, unless it can demonstrate that there are compelling legitimate grounds for the processing of the Customer's data which override the Customer's interests, rights and freedoms, or where the Customer's data are necessary for Data System for the possible establishment, exercise or defence of legal claims.
The Customer has the right of access to their personal data, to rectify them, to delete them or to limit their processing, the right to object to processing, and the right to data portability.
In order to exercise the rights referred to in paragraph 9 above, it is necessary to address a request to Data System by sending it to the following e-mail address: biuro@datasystem.pl. In order to ensure that the person addressing the request has the right to submit it, 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 use of appropriate technical and organisational measures guaranteeing the security of the processed personal data, in particular preventing access to them by unauthorised third parties or their processing in violation of generally applicable provisions of law, preventing the loss, damage or destruction of personal data.
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 Shop may be submitted by registered letter sent to the address of the registered office of Data System.
A complaint should contain the identification of the person submitting the complaint (name, surname, place of residence, e-mail address) and a description of the event giving rise to the complaint. It is recommended that the Customer include in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Customer's request, which will facilitate and speed up the processing of the complaint. The requirements set out in the previous sentence are merely recommendations and do not affect the validity of complaints submitted without the recommended description.
The exact rules and conditions of the product warranty are set out in the Terms and Conditions of provision of services, rental or sale.
If the data or information provided in the complaint requires supplementation, Data System will, before considering the complaint, request the Customer to supplement it to the indicated extent. The above also applies to the need to deliver the product or products subject to the complaint together with proof of purchase (invoice). In that case, the time limit for considering the complaint is counted from the completion or correction of the data.
Complaints will be considered within 14 days of the date of receipt of a correct complaint. Information on the manner in which the complaint has been processed will be sent to the Customer in paper form or electronically to the e-mail address indicated in the Order.
Customers and other persons may submit to Data System any requests, comments and questions concerning the operation of the Shop and the services provided by the Shop. These should be submitted to the e-mail address: pomoc.techniczna@datasystem.pl
Customers may also report any failures or malfunctions in the operation of the Shop to the address referred to in paragraph 5.
A description of additional matters concerning the operation of the Shop, including information and news, is available at www.datasystem.pl

§13 Amendments to the Terms and Conditions

Data System has the right to unilaterally amend the Terms and Conditions. Changes to the Terms and Conditions come into force after 7 days from the date on which the amended Terms and Conditions are posted on the website at the following address www.datasystem.pl.
Data System will inform Customers of any changes to the Terms and Conditions by posting relevant information on the website www.datasystem.pl.

§14 Out-of-court methods for handling complaints and pursuing claims, and the rules of access to those procedures

Detailed information on the Customer's possibilities of using out-of-court methods for handling complaints and pursuing claims, as well as the rules of access to those procedures, are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.
A contact point also operates at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warszawa), whose tasks include, among others, providing assistance to consumers in matters concerning the out-of-court resolution of consumer disputes.
The Customer has, among others, the following possibilities of using out-of-court methods for handling complaints and pursuing claims: (1) an application to settle a dispute to a permanent consumer arbitration court; (2) an application for out-of-court settlement of a dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business activity carried out by Data System); and (3) the assistance of the district (municipal) consumer ombudsman or of a social organisation whose statutory tasks include the protection of consumers.
At the address http://ec.europa.eu/consumers/odr an online dispute resolution platform for consumers and traders at EU level is available (the ODR platform). The ODR platform is an interactive and multilingual website with a single point of access for consumers and traders seeking the out-of-court settlement of a dispute concerning contractual obligations arising from an online sales contract or a service contract (more information on the platform itself or at the website of the Office of Competition and Consumer Protection (UOKiK): https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

§15 Right to withdraw from the Contract

A Customer who has concluded a distance contract through the Online Shop may withdraw from it within 14 calendar days without giving a reason and without incurring costs, with the exception of the costs specified in point 8 below of the Terms and Conditions. Sending the declaration before the deadline expires is sufficient to meet the deadline. The declaration of withdrawal from the contract may be submitted:
1. in writing to the address: Data System sp. z o.o., ul. abpa. A. Baraniaka 88b, 61-131 Poznań.
2. in electronic form by e-mail to: biuro@datasystem.pl;
A sample model withdrawal form is included as Annex 2 to the Act on Consumer Rights and is additionally available as an appendix to these Terms and Conditions and on the website of the Online Shop. The Customer may use the model form, but this is not mandatory.
The withdrawal period begins to run:
1. for a contract under which Data System delivers the Product, being obliged to transfer its ownership – from taking possession of the Product by the Customer or by a third party indicated by them other than the carrier, and in the case of a contract which: (1) covers multiple Products delivered separately, in batches or in parts – from taking possession of the last Product;
2. for other contracts – from the date of conclusion of the contract.
In the event of withdrawal from a distance Contract, the contract is deemed not to have been concluded.
Data System is obliged to return the payments made by the Customer, including the Product delivery costs (with the exception of additional costs resulting from the delivery method chosen by the Customer other than the cheapest ordinary delivery method available in the Online Shop), without delay and in any event no later than within 14 calendar days of the date of receipt of the declaration of withdrawal from the contract. Data System refunds the payments using the same means of payment as the Customer used, unless the Customer has expressly agreed to a different means of refund which does not involve any costs for them. Data System may withhold the refund of the payments received from the Customer until it has received the Product back or until the Customer has provided evidence of having sent it back, whichever occurs first.
The Customer is obliged, without delay and in any event no later than within 14 calendar days of the day on which they withdrew from the Contract, to return the Product or to hand it over to a person authorised by Data System to collect it. Sending back the Product before the deadline expires is sufficient to meet the deadline. The Customer should return the Product to the address: Data System, abpa. A. Baraniaka 88b, budynek C, 61-131 Poznań.
The Customer is liable for any diminished value of the Product resulting from the use of it going beyond what is necessary to establish the nature, characteristics and functioning of the Product.
Possible costs related to the Customer's withdrawal from the Contract that the Customer is obliged to bear:
1. If the Customer has chosen a method of delivery of the Product other than the cheapest ordinary delivery method available in the Online Shop, Data System is not obliged to refund to the Customer the additional costs incurred by them.
2. The Customer bears the costs of returning (shipping) the Product to Data System.
In the case of a Product which is a service, the performance of which – at the Customer's request – began before the expiry of the withdrawal period, the Customer who exercises the right of withdrawal from the Contract after having submitted such a request is obliged to pay for the services performed until the withdrawal from the Contract. The amount of the payment is calculated in proportion to the scope of the performance carried out, taking into account the price and remuneration agreed in the contract.
The right to withdraw from a distance contract does not apply to the Customer in respect of contracts:
- for the provision of services, if Data System has fully performed the service with the express consent of the Customer, who was informed before the start of the performance that they will lose the right to withdraw from the contract after Data System has performed it;
- in which the price or remuneration depends on fluctuations in the financial market over which DataSystem has no control and which may occur before the expiry of the withdrawal period;
- in which the subject matter of the performance is a non-prefabricated Product, manufactured according to the Customer's specifications or serving to satisfy their individualised needs;
- in which the subject matter of the performance is a Product that deteriorates rapidly or has a short shelf life;
- in which the subject matter of the performance is a Product delivered in a sealed package which, after opening the package, cannot be returned for health protection or hygienic reasons, if the package was opened after delivery;
- in which the subject matter of the performance are Products which, after delivery, due to their nature, are inseparably combined with other items;
- in which the Customer expressly requested that Data System visit them in order to carry out urgent repair or maintenance; if Data System additionally provides services other than those which the Customer requested, or delivers Products other than the spare parts necessary to carry out the repair or maintenance, the right of withdrawal from the contract applies to the Customer in respect of those additional services or Products.

§16 Final provisions

The headings indicated in these Terms and Conditions are of an auxiliary nature only and do not affect the interpretation of their provisions.
The Terms and Conditions and the Contract are governed by Polish law. The Contract is governed by and interpreted in accordance with Polish law. The Polish courts shall have exclusive jurisdiction to settle any disputes, claims or controversies arising from or in connection with the Contract and/or the Terms and Conditions.
In matters not regulated by the Terms and Conditions, the provisions of the Civil Code, the Act on the Provision of Electronic Services and other mandatorily applicable provisions of law shall apply.
In the event that individual provisions of the Terms and Conditions prove to be ineffective or unenforceable, the remaining provisions shall remain in force.
The Terms and Conditions are in force as of 1 May 2021.
The competent court to settle disputes arising under the Terms and Conditions is the court of general jurisdiction in Poland.
In the event of any discrepancies between the provisions of the Terms and Conditions and the Terms and Conditions of provision of services, rental (or sale), the provisions of these Terms and Conditions shall take precedence in application.

Appendix: Model withdrawal form

Model withdrawal form (this form should be filled in and sent back only if you wish to withdraw from the contract)

Addressee:

Data System sp. z o.o. ul. abpa. A. Baraniaka
88b, 61-131 Poznań

WITHDRAWAL FROM A DISTANCE CONTRACT

- I/We(*) hereby give notice that I/we(*) withdraw from my/our contract of sale of the following goods………………………………………………..contract for the provision of the following service…………………………………………………………………………

- Date of conclusion of the contract/receipt:

- Customer's name and surname

- Customer's address:

- Customer's signature (only if the form is sent in paper version)

- Data

(*) Delete as appropriate.

Terms and Conditions in pdf format available here