TERMS AND CONDITIONS OF THE SMART- WATER.PL ONLINE STORE

§1. GENERAL PROVISIONS

(1). online store available at the Internet address smart-water.pl is operated by ABINFORTECH Sp. z o.o., ul. Innowacyjna 1,, 36-060 Głogów Małopolski, NIP 8652576061.

(2) Definitions:
Online store – the Seller’s online store available at: smart-water.pl
Regulations – these rules and regulations
Seller – ABINFORTECH Sp. z o.o., 1 Innowacyjna St., 36-060 Głogów Małopolski, NIP 8652576061.
Buyer – a natural person, a natural person conducting business, a legal person or an organizational unit without legal personality, who uses services provided electronically by the Seller,
Registration form – a form available in the Online Store that allows creating an Account,
Account – a set of resources in the Seller’s ICT system, marked with an individual name (login) and password provided by the Buyer, in which Buyer’s data is collected, including information about placed Orders,
Order form – a form available in the Online Store, which allows placing an Order,
 Order – a declaration of will of the Buyer, constituting an offer to conclude a contract of sale of a Product with the Seller,
 Sales Agreement – an agreement for sale of a Product within the meaning of the Civil Code (Journal of Laws 1964 No. 16, item 93 as amended), concluded through the Online Store in the Polish language,
Product – a movable item available in the Online Store, which is the subject of a sales contract between the Buyer and the Seller.
Proof of purchase – a fiscal receipt, VAT invoice or other document confirming the purchase of the Product,
Attachment No. 1 – the withdrawal form – a document attached to the Terms and Conditions that allows the withdrawal from the contract, referred to in §6.

(3) Completion of the Registration Form and creation of an Account is the same as familiarizing the Buyer with the content of the Rules and Regulations and its acceptance. The Agreement for maintaining an Account in the Online Store is concluded for an indefinite period of time and does not entail any financial obligations for the Buyer. The Agreement may be terminated at any time by deleting the Account in the Online Store or by sending information about resignation by the Buyer to the e-mail address of the Seller: biuro@smartwater4home.pl.

(4) Advertisements, Seller’s advertisements, price lists and other information about the Products, provided on the web pages of the Online Store, in particular their descriptions, technical and usage parameters and prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93 as amended).

(5) In order to effectively place an order in the smart-water.pl online store, it is necessary to have a computer with a processor of min. 200MHz, 64MB RAM, a graphics card supporting resolution of 800×600 and 256 colors, and a web browser (Internet Explorer (version >= 6.0), Mozilla Firefox, Opera) as well as a keyboard or other pointing device, allowing to correctly fill out electronic forms.

(6) The provisions of these Regulations are not intended to exclude or limit any rights of the Buyer who is also a Consumer within the meaning of the Act of April 23, 1964 – Civil Code (Journal of Laws No. 16, item 93, as amended), to which he is entitled under mandatory provisions of law. In the event of any inconsistency between the provisions of these Rules and Regulations and the aforementioned regulations, these regulations shall prevail.

(7) The administrator and owner of the database of personal data provided by customers of the online store smart-water.pl in connection with purchases is ABINFORTECH Sp. z o.o., ul. Innowacyjna 1, 36-060 Głogów Małopolski, NIP 8652576061. Personal data are used for the purpose of executing sales contracts, in connection with which they may be transferred to entities responsible for the delivery of purchased goods to the customer and in the case of credit purchases, purchase credit institutions and debt collection companies. Customers have the right to access the content of their data and to correct them. The data is provided voluntarily.

§ 2. CONDITIONS FOR PLACING AN ORDER

(1) The Buyer is obliged to use the Online Store in a manner consistent with applicable law, rules of social coexistence and good morals, taking into account respect for personal property and intellectual property rights of third parties.

(2) The online store conducts sales on the territory of the Republic of Poland.

(3) Orders can be placed 7 days a week, 24 hours a day. This provision does not apply to Orders placed by telephone.

(4) The Buyer may choose one of the following ways to place an Order:

   placing an Order by filling in the Order Form on the website of the Online Store,
   placing an Order by electronic mail – email,
   placing an Order by telephone,

(5) Orders referred to in paragraph 4 of this section, placed on weekdays after 00:00, on Saturdays, Sundays and public holidays, will be processed on the next working day.

(6) Confirmation of submission and acceptance for execution of the Order shall be sent to the Buyer by the Seller in the form of an e-mail message.

(7) The sales contract shall be considered concluded upon receipt by the Buyer of the e-mail message referred to in item. 6 of this paragraph.

(8) Orders forwarded for processing may be canceled until the Product is shipped. This provision applies only to Buyers who are natural persons. For other Buyers, Orders cannot be canceled.

(9)The average lead time of an Order (from submission to shipment to the Buyer) is: 3 working days.

(10) In the case of shortage of the ordered Products in the warehouse, the Buyer is informed of this fact and the associated increase in the processing time of the Order immediately, within 48 hours at the latest.

(11) In the situation referred to in the above paragraph, the Buyer may agree to extend the processing time of the Order up to 7 days or cancel the ordered Product or the entire Order.

§ 3. PAYMENTS

(1) the prices given in the Online Store are expressed in Polish zloty and are gross prices, including all components, including VAT and customs duties. However, the prices do not include possible delivery costs, which are indicated when placing an Order.

(2) Each Order shall be accompanied by a Proof of Purchase.

(3) The Buyer who is not a natural person, in order to implement the Order, authorizes the Seller to issue a Proof of Purchase without the recipient’s signature.

(4) The choice of payment is made by the Buyer when placing the Order. The Buyer may choose one of the possible payment methods:
payment by regular or online transfer to the Seller’s bank account,
through a payment platform.
The choice of payment is made by the Buyer when placing the Order.

(6) If the Buyer fails to make payment within 7 days from the date of confirmation of the Order, the Seller has the right to cancel the Order, informing the Buyer by email or telephone.

(7) Products are shipped within 3 working days, from the moment 100% of funds are credited to the Seller’s account.

(8) the Seller reserves the right to change prices of Products. Orders placed before the entry into force of the changes referred to in the above paragraph will be realized on the terms in force at the time of their placement.

§ 4 DELIVERY

(1) The Buyer may choose the following methods of receiving the ordered Products:

(2) delivery of the Products to the Buyer’s address given when placing the Order by a courier company,

(3) delivery of the Products to the Buyer’s address given when placing the Order by the Polish Post,

(4) personal collection,

(5) The choice of the method of delivery is made by the Buyer when placing the Order.

(6) shipping costs are calculated in accordance with current price lists and depend on the weight and size of the shipment. The Buyer is informed about shipping costs when placing an Order.

(7) delivery costs shall be borne by the Buyer.

(8) The Seller undertakes to provide the Buyer with Products free from defects.

(9) the Buyer undertakes to receive the shipped Product.

§ 5. COMPLAINT

(1) In the case of determining that the Product is defective, the Buyer is obliged to notify the Seller of this within one month from the date of determining the non-compliance of the Product with the Sales Agreement.

(2) The complaint should contain a description of the defect of the Product, the date on which it arose and the Buyer’s request.

(3) The advertised Product should be accompanied by a Proof of Purchase or its copy.

(4) The Buyer is obliged to send back the advertised Product at his own expense to the address of the Seller. If the complaint is accepted, the shipping costs are refunded.

(5) The Seller undertakes to respond to the complaint submitted by the Buyer within 14 days. No response from the Seller after the expiry of the period indicated in the preceding sentence shall result in recognition of the complaint as justified.

(6) Slight differences resulting from individual settings of the Buyer’s computer can not be the basis for a complaint about a purchased Product.

(7) The Seller shall be liable under the warranty if a physical defect in the Product is discovered before the expiration of two years from the date of release of the Product to the Customer.

§ 6. WITHDRAWAL FROM THE CONTRACT

(1) The Buyer, who is a consumer within the meaning of Art. 22 1 of the Civil Code (Journal of Laws 1964 No. 16 item 93, as amended), has the right to withdraw from the contract concluded remotely, without giving any reason, within 14 days from the date of receipt of the Product.

(2) The Buyer is not entitled to the above right in the following cases:

 a. The provision of services, if the Seller has performed the service in full with the express consent of the Buyer, who was informed before the start of the service, that after the performance by the Seller will lose the right to withdraw from the contract,
 b. agreements relating to services for 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 deadline for withdrawal from the contract,
c. contracts for which the subject of performance is a non-refabricated item, produced according to the specifications of the Buyer or serving to meet his individualized needs,
d. contracts whose object of performance is an item subject to rapid deterioration or having a short shelf life,
e. agreements the subject of which the subject of performance is an item supplied in a sealed package, which after opening the package cannot be returned for health protection or hygienic reasons, if after delivery the package has been opened by the Buyer,
f. specific contracts in which the subject of performance are things that after delivery, due to their nature, are inseparably combined with other things,
g. contracts in which the Buyer expressly requested that the Seller come to him for urgent repair or maintenance. If the Seller provides additional services other than those requested by the Buyer, or provides things other than spare parts necessary for the repair or maintenance – the Buyer has the right to withdraw from the contract with regard to
with respect to the additional services or items,
h. Contracts, the subject of which are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened by the Buyer after delivery,
i. Delivery of newspapers, periodicals or magazines, except for a subscription contract,
j. contracts concluded through a public auction
k. contracts for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the concluded contract specified the day or period of service provision,
l. contracts for the supply of digital content, not recorded on a tangible medium, if the performance has begun with the express consent of the Buyer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed the Buyer of the loss of the right to withdraw from the contract.

(3) For effective withdrawal from the contract, referred to in paragraph 1 of this section, it is sufficient to submit a written statement by the Buyer by e-mail or mail, within the statutorily assigned 14-day period after receipt of the shipment. A model statement is included in Appendix No. 1.

(4) The Buyer, withdrawing from the contract, is obliged to return the Product in an unaltered state together with the Proof of Purchase or a copy thereof within 14 days from the date of submission of the withdrawal.

(5) The shipping costs of the returned Product shall be borne by the Buyer.

(6) The Buyer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

7) The Seller guarantees the return of the price of the Product and the cost of shipping the Product to the Buyer immediately, no later than within 14 days.

(8) the Seller shall refund the payment using the same method of payment used by the Buyer, unless the Buyer has expressly agreed to a different method of refund that does not involve any costs for the Buyer.
(9) In the event that the Buyer has chosen other than the cheapest ordinary shipping method offered by the Seller, the Seller shall not be obliged to reimburse the Buyer for any additional costs incurred by the Buyer.

(10) Returns of Products sent at the expense of the Seller or cash on delivery will not be accepted.

(11) in the case of Buyers who are not consumers within the meaning of 22 1 of the Civil Code (Journal of Laws 1964 No. 16 item 93, as amended), i.e. persons performing legal actions directly related to their business or professional activities, withdrawal from the contract in the above regard is completely excluded – please make prudent and thoughtful purchases.

§ 7. PERSONAL DATA PROTECTION

(1) The Buyer, by completing the Registration Form and creating an Account, is asked to consent to the processing of personal data by the Seller, in accordance with Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (RODO).

(2) Personal data shall be processed by the Seller solely for the purpose of proper provision of services.

(3) The Buyer’s personal data shall not be disclosed to other persons or institutions for marketing purposes without the Buyer’s express consent.

(4) The Buyer shall be able to access personal data concerning him in order to verify, modify or delete them from the Seller’s database.

(5) Detailed information on the protection of the Buyer’s personal data can be found in the document Privacy Policy of the smart-water.pl online store.
year on consumer rights (Journal of Laws 2014 item 827) and other relevant ones.

§ 8. FINAL PROVISIONS

(1) The Seller reserves the right to introduce restrictions on the use of the Online Store due to its technical service, maintenance work or work on improving its functionality. At the same time, the Seller undertakes to make every effort to ensure that the said interruptions take place during night hours and last as short as possible.

(2) The Seller reserves the right to amend the Terms and Conditions. Amendments shall come into force at the time expressly indicated by the Seller, but not earlier than 7 days after their announcement. Orders placed before the entry into force of the changes referred to in the preceding sentence will be executed on the terms in force at the time of their placement.

(3) Any disputes between the Parties shall be resolved amicably or in the presence of an independent and impartial mediator. However, if it is not possible to resolve the dispute amicably, including through mediation, the jurisdiction of the Court will be determined in accordance with the rules generally applicable in the Republic of Poland.

(4) In matters not covered by these Regulations, the relevant provisions of Polish law, in particular the Act of April 23, 1964 – Civil Code (Journal of Laws 1964 No. 16, item 93 as amended) and the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014 item 827) and other relevant.

(5) The Regulations in this form are effective as of 25.10.2023


ABINFORTECH Sp. z o.o.

realizuje projekt dofinansowany z Funduszy Europejskich

pn.: SMARTWATER4HOME – inteligentny autonomiczny system zarządzania zasobami wód opadowych z funkcją integracji z systemami inteligentnych domów SmartHome

Celem projektu jest opracowanie i wprowadzenie na rynek krajowy i zagraniczny innowacji produktowej – inteligentnego sterownika systemu SmartWater4Home do nawadniania ogrodu zgromadzoną wodą opadową.

Planowane efekty: wdrożenie na rynek konsumencki innowacji produktowej – inteligentnego sterownika systemu SmartWater4Home do nawadniania ogrodu zgromadzoną wodą opadową.

Wartość projektu: 1 308 823,00 zł

Dofinansowanie projektu z UE: 957 350,00 PLN.

Pozostałe informacje na: www.mapadotacji.gov.pl

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