Terms and conditions of use

Shopping terms and conditions in the pc-program.com store

Chapter 1

General provisions

The pc-program.com Online Store (hereinafter referred to as Online Store) is available at the pc-program.com website hereinafter referred to as the Website.
The owner of the Online Store is Pc Programs, ul. Staromiejska 6/10d, 40-013 Katowice, NIP: 6452563472, REGON: 384977622., contact data: [email protected], hereinafter referred to as the Seller or the Service Provider.
The provisions of the Terms and Conditions are not intended to exclude or limit any rights of consumers under mandatory provisions of law.
The Administrator of personal data processed in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data is processed for purposes within the scope and based on the principles set out in the privacy policy published on the websites of the Store.
The provisions of these Terms and Conditions constitute a model contract within the meaning of art. 384 of the Civil Code concluded between the buyer and the Seller unless in an individual agreement made in writing, the parties decide to modify particular contractual provisions.
The requirement for all declarations of will and knowledge made by the parties towards each other is to properly inform a party so that the party can familiarize with their content, via the website or email address, unless the parties agreed otherwise.
A party to this contract must be a person with full legal capacity or acting on behalf of the entity that has such capacity.

Chapter 2

Dictionary of the Terms and Conditions

PERSONAL DATA ADMINISTRATOR - it is the entity that decides on the scope, method, and purpose of collecting and processing personal data collected via the website [podać adres]
BUSINESS DAY - a day from Monday to Friday, excluding public holidays.
REGISTRATION FORM - a form available in the Online Store used to create a User Account.
ORDER FORM - Service provided by electronic means, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic cart and determining the terms of the Sales Agreement, including the method of delivery and payment.
CUSTOMER - a natural person, a legal person, and an organizational unit, which is not a legal person but with legal capacity, and which has concluded or intends to conclude a sales agreement with the Seller.
CONSUMER - a natural person performing a legal act not directly related to his business or professional activity.
USER ACCOUNT - Service provided by electronic means, marked with an individual name (login) and password provided by the Service Recipient. The User account is a set of resources in the ICT system of the Service Provider, in which data provided by the Customer and information about his Orders in the Online Store are collected.
ENTRUSTING PERSONAL DATA - is the act of sharing personal data provided to us to another entity that performs the service we requested. The entity entrusted with personal data may only use the data for the purpose of providing the service, and after its completion, is obliged to delete or return all personal data provided by us.
PRODUCT - a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
TERMS AND CONDITIONS- these terms and conditions for purchasing at the pc-program.com Online Store.
WEBSITE - website at pc-program.com.
ONLINE STORE - the store owned by the Seller available at pc-program.com
SELLER, SERVICE PROVIDER - the owner of the pc-program.com Website, referred to in Chapter 1 point 2 of these Terms and Conditions.
SALE AGREEMENT - Product sales agreement being concluded or concluded between the Customer and the Seller via the Online Store.
SERVICE PROVIDED BY ELECTRONIC MEANS - a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
SERVICE RECIPIENT - a natural person, a legal person, and an organizational unit, which is not a legal person but has legal capacity, and which uses or intends to use the services provided by the Online Store.
ORDER - The declaration of the Customer submitted via the Order Form, which confirms the conclusion of the Product Sales Agreement with the Seller, with the exception of point 2 in Chapter 3.

Chapter 3

Conclusion of a sales agreement

The conclusion of the Sales Agreement between the Customer and the Seller takes place when the Customer places an Order using the Order Form in the Online Store.
The Price of Products shown on the Online Store website is given in PLN and includes taxes. The Customer is informed about the total price, including taxes and about delivery cost when placing the Order for the Product being the subject of the Order, and in the form of an e-mail after placing the order.
The confirmation referred to above is sent in the form of an e-mail to the e-mail address provided by the Customer when placing the Order. This message contains in particular:
1. seller details and contact info
2. the subject of the Sales Agreement together with the final price and shipping costs as well as the payment terms and date.
3. instruction regarding the withdrawal from the agreement by the Consumer
4. the content of the terms and conditions along with withdrawal from the contract form or filing a complaint under warranty.
The content of the Sales Agreement concluded is saved, secured, and made available to the Customer through:
1. making these Terms and Conditions available on the Online Store website and
2. sending the Customer an e-mail message referred to in point 3.

Chapter 4

Methods and date of payment, costs and time of delivery

Electronic payment - payment via the PayU payment system to which the Customer will be directed to make a payment. Payment can be made once the order form has been completed. Completing the products begins when the Seller credits the payment. Failure to make a payment will result in automatic withdrawal from the sales agreement. Transactions are settled with the consent and choice of the Customer by PayU SA with its registered office in Poznań, 60-166 Poznań, ul. Grunwaldzka 182, a national payment institution, supervised by the Polish Financial Supervision Authority, entered into the Register of Payment Services under number IP1/2012, entered into the Register of Entrepreneurs kept by the District Court in Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under number KRS 0000274399, with a share capital of PLN 4,944,000, fully paid, with tax identification number (NIP): 779-23-08-495, REGON 300523444. All disputes related to the payment made are settled directly by the Customer with the payment operator. The Seller is not responsible for the process of payment or for the data provided, for example, the credit card information on the entered on the website of payment operator.
The delivery of Goods is not limited to the Republic of Poland and is send the address provided by the Customer when placing the Order.
Delivery of ordered Goods is carried out via e-mail.

Chapter 5

The right to withdraw from the agreement

The Customer who is a Consumer, who has concluded a distance agreement, may, within 14 calendar days, withdraw from the agreement without giving a reason and without incurring costs, except for the costs specified in point 6. The deadline to withdraw from the agreement begins on the day when the Products are delivered to the Customer.
A statement of withdrawal from the agreement may be submitted:traditionally by post or via courier to the following address: Pc Programs, ul. Staromiejska 6/10d, 40-013 Katowice, NIP: 6452563472, REGON: 384977622. The date of the postmark or posting of the letter is binding when determining the observance of the deadline referred to in point 1, or
by electronic means via e-mail to the [email protected] e-mail address.

In the event of withdrawal from a distance agreement, the agreement is considered null and void.
The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the statement of consumer about withdrawal from the agreement, refund the cost of ordered products to the consumer, the difference in price between the method of delivery chosen by the consumer and the cheapest method of delivery offered by the Seller. The costs of returning Products to the Seller incurred by the Customer are not refundable.
The Seller shall refund the payment using the same method of payment as used by the consumer unless the consumer has expressly agreed to a different method of return that does not involve bearing any costs. The Seller may withhold the refund of payments received from the consumer until he receives the Product back, or the consumer provides proof of its return, whichever occurs first.
The consumer is obliged to return the Product to the Seller immediately, not later than within 14 calendar days from the day on which he has withdrawn from the agreement, by sending it back at his own expense to Pc Programs, ul. Staromiejska 6/10d, 40-013 Katowice, NIP: 6452563472, REGON: 384977622., or hand it over to a person authorized by the Seller. To meet the deadline, it is sufficient to return the Product before the deadline.
The consumer is liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product. The Seller shall immediately notify the Customer about the occurrence of such an event.

Chapter 6

Statutory and contractual warranty claims

The basis and scope of the liability of the Seller to the Customer, if the Product sold has a physical or legal defect (warranty) are defined by generally applicable law, in particular in the Civil Code.
The Seller is obliged to provide the Customer a Product without any defects.
A complaint may be submitted:
1. traditionally by post or via courier to the following address: Pc Programs, ul. Staromiejska 6/10d, 40-013 Katowice, Poland, NIP: 6452563472, REGON: 384977622 or
2. by electronic means via e-mail to the [email protected] e-mail address.
The Seller shall respond to the complaint submitted by the Customer immediately, no later than within 14 calendar days from the date of its submission. If the Seller fails to respond within the above deadline, it means that the Seller considered the complaint valid.
The Seller will notify the person submitting the complaint about the way of handling the complaint by letter sent to the address provided in the complaint or by e-mail - depending on how the complaint was submitted.
If the Seller deems it necessary, the Customer will be asked to deliver the Product at the expense of the Seller to the following address: Pc Programs, ul. Staromiejska 6/10d, 40-013 Katowice, NIP: 6452563472, REGON: 384977622 or to handle to Product to the courier sent by Seller. Sending back the product does not affect the time limit referred to in the previous point.
According to art. 558 § 1 of the Civil Code, the liability of the Seller under the warranty for the Product towards a Customer who is not a consumer is limited to 6 months from the moment of delivery of the product to the customer.
The liability of the Seller towards the Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - to the amount of the price paid for product and delivery costs under the Sales Agreement.
The Seller shall not be liable for lost gains to a Customer who is not a consumer.

Chapter 7

Services provided by electronic means through the Online Store

Services provided by electronic means available in the Online Store are the User account and Order Form.
User account - the use of the Account is possible after the Service Recipient completes the following steps:The User Account service is provided free of charge and for an indefinite period of time. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider.
1. completes the Registration Form,
2. clicks on the "Register" field.
Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store.
It is possible to modify the entered data yourself until you click the Place order field (to do so, follow the displayed messages and information available on the Online Store website).
The Order Form is a single-time service provided free of charge and is terminated when the Order is placed through the Order Form or when the Customer ceases to place the Order.
The Service Provider shall not be liable for improper operation of the system on the part of the Service Recipient in particular for any failure of the equipment of Service Recipient as well as no Internet access or improper Internet connection.
The Service Provider reserves the right to temporarily suspend the operation of the Online Store as a result of ongoing modernization and maintenance works of the Website or as a result of a failure of servers on which the Website is hosted.
The Service Recipient is obliged to use the Online Store in a manner consistent with the law and decency, respecting personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter accurate data. The Service Recipient is prohibited from providing illegal content.
The Customer may, in matters related to the operation of the Website, submit his comments to the [email protected] e-mail address.

Chapter 8

Personal Data

The Administrator of your personal data is Pc Programs, ul. Staromiejska 6/10d, 40-013 Katowice, NIP: 6452563472, REGON: 384977622. You can contact us via e-mail: [email protected]
The legal basis for data processing is the implementation of the agreement and fulfillment of the legal obligations of the Administrator (Tax Law and Warranty Law).
Data related to the implementation of the agreement will be transferred based on the agreement entrusted to companies providing IT infrastructure, for example, to conduct email correspondence between the parties to the agreement or providing IT services, for example, servicing of computers or servers on which your data is saved. In addition, the data will be forwarded to the company providing accounting and transport services to us.
Your data will be processed:You have the right to request from us access to your personal data, rectification, deletion, or limitation of processing or object to the processing, as well as the right to transfer data.
1. for a period of 2 years to the extent necessary to exercise the warranty - data provided when placing orders;
2. for a period of 6 full calendar years when it comes data provided to us for accounting purpose;
3. for a period of providing the User Account service in the case of data provided to us when creating the account.
In order to exercise the above rights, please contact us via email or use the functionality of our Website.
In the event of an objection, the request referred to in point 6 should additionally include the reason behind it.
Providing personal data is necessary for the implementation of the agreement, the request for their removal is limited by the legal obligation of the Administrator and resulting from the provisions of Tax or Warranty Laws.
If you believe that the data is processed in an improper or unlawful manner, you have the right to file a complaint to the President of the Personal Data Protection Office.
Detailed information on the protection of personal data, their collection, processing, and use, as well as the conditions for the use of cookie files, can be found in the Privacy Policy.

Chapter 9

Out-of-court complaint settlement and claim assertion

Details on the procedures and access to out-of-court dispute resolution can be found on http://www.uokik.gov.pl/spory_konsumenckie.php.
A platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/. The ODR platform is an interactive and multilingual website providing complex support for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations under an online sales agreement or agreement for the provision of services.

Chapter 10

Final provisions

The Terms and conditions apply from the date of their publication on the Online Store.
In any case, and in particular, if the Customer is a foreign entity, the agreement law is the law of the Republic of Poland, and the courts of the Republic of Poland are to settle any disputes related to the agreement and the terms and conditions between the Seller and the Customer.
The Seller reserves the right to change the Terms and conditions by posting information on the Website or sending an email with the information to registered Website users.
Registered users of the website have the right to object to changes to the Terms and conditions by sending an email to the e-mail address of the Seller within 14 days of receiving information about the change.
The exercise of the right referred to in point 4 will result in the cessation of the provision of electronic services in the form of a User Account.
Changes to the Terms and Conditions do not affect agreements concluded before the date of publishing the Terms and Conditions.
In matters not covered by the provisions of the agreement and the terms and conditions, in particular, the following provisions shall apply:
1. the Act of July 18, 2002, on the provision of electronic services (Journal of Laws 2002.144.1204 as amended),
2. the Act of May 30, 2014, on consumer rights (Journal of Laws 2014 item 827 as amended)
3. Act of the Civil Code of April 23, 1964 (Journal of Laws 1964.16.93, as amended).