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Shop Rules

INTERNET SHOP REGULATIONS ____________PROSPOT______________

Dear Customer!

We are delighted that you have chosen to shop at our store.

Please familiarize yourself with the following Regulations and sales rules that apply to you and us during your shopping experience.

Also, remember that if you have any questions or concerns, you can contact us using the information provided in the Regulations.

TABLE OF CONTENTS

ATTACHMENT No. 1 - CONSUMER COMPLAINT FORM TEMPLATE. 23

ATTACHMENT No. 2 - ENTREPRENEUR UNDER CONSUMER RIGHTS COMPLAINT FORM TEMPLATE. 25

ATTACHMENT No. 3 - CONSUMER CONTRACT WITHDRAWAL FORM TEMPLATE. 27

ATTACHMENT No. 4 - ENTREPRENEUR UNDER CONSUMER RIGHTS CONTRACT WITHDRAWAL FORM TEMPLATE. 29

 

§1 GENERAL PROVISIONS AND CONTACT INFORMATION

 

  1. The online store is available at the domain https://prospot.pl and on the respective subpages (e.g., b2b.prospot.pl) after registration and is operated by the Seller.
  2. In the case of a complaint about the Order, you should contact the Seller using the following contact details:
  • phone number: 884 30 40 06
  • email address: kontakt@prospot.pl
  • contact form available within the Store.
  1. The Customer can communicate with the Seller through an email address and a contact form available within the Store.
  2. The rules for using and placing Orders, concluding Sales Agreements for Products, and making complaints within the Store are defined in this Regulation.
  3. The Seller provides the Regulation to the Customer or User free of charge before starting to use the online store. The Customer can save the content of the Regulation in a convenient way, for example, by saving it to a durable medium or printing it.
  4. The condition for using the Store and entering into a Sales Agreement is the acceptance of the provisions of this Regulation. By accepting it, the Customer agrees to all the provisions and undertakes to comply with them.
  5. The prices listed in the Store are in Polish Zlotys and are gross prices (including VAT).
  6. Information about Products provided on the Store's website, including their descriptions, technical parameters, and prices, do not constitute an offer within the meaning of the Civil Code but are only an invitation to enter into an agreement within the meaning of Article 71 of the Civil Code.
  7. Within the use of the Store, it is prohibited to provide information of an unlawful nature, and in particular, it is prohibited to:
  8. Send and post spam within the Store.
  9. Provide and transfer content prohibited by law, in particular through the forms available within the Store.
  10. It is mandatory to:
  11. Use the Store in accordance with the Regulation and the applicable law.
  12. Use the Store in a way that does not disrupt its functioning.
  13. Use all the content on the subpages of the Store exclusively for personal use, in accordance with the license granted (if one has been granted).
  14. The Customer cannot make a purchase anonymously or using a pseudonym or incorrect personal data.
  15. To delete the Customer's account, you should inform the Store of the intention to delete it by phone or via email.

 

§2 DEFINITIONS

 

The terms used in the Regulation mean:

  1. Seller – Rafał Gralak, a partner of the civil partnership PRO SPOT RB, having NIP: 9521955338 and REGON: 141453614, in accordance with the document generated from the Central Register and Information on Economic Activity, and Bartosz Lachowicz, a partner of the civil partnership PRO SPOT RB, having NIP: 5242526990 and REGON: 146672404, in accordance with the document contained in the Central Register and Information on Economic Activity, collectively operating in the form of a civil partnership under the name PRO SPOT RB, at ul. Niska 13, 05-800 Pruszków, NIP: 952-212-51-36.
  2. Customer or User– a natural person, legal entity, or unincorporated organizational unit not having legal personality, to whom specific regulations grant legal capacity, placing an Order within the Store and making purchases through the Store.
  3. Consumer – a natural person entering into an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
  4. Entrepreneur under consumer rights – an Entrepreneur placing orders for Products related to their business activity but not having a professional character, in accordance with Article 38a of the Consumer Rights Act and Article 385/5, Article 556/4, Article 556/5, and Article 576/5 of the Civil Code.
  5. Account – the Customer's or User's account created on the Store's online platform.
  6. Entrepreneur – a natural person, legal entity, or an unincorporated organizational unit not having legal personality, to whom a separate law grants legal capacity, conducting their own business or professional activity, who uses the Store.
  7. Regulation – this Store Regulation.
  8. Online Store or Store – an online store available at the address https://prospot.pl/ and https://b2b.prospot.pl/, and on its respective subpages, through which the Customer can place Orders and purchase specific Products.
  9. Product – physical products purchased or available in the Store. Products are sold for a fee unless otherwise stated.
  10. Sales Agreement – an agreement for the sale of a Product concluded between the Seller and the Customer through the Store.
  11. Consumer Rights Act – the act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827, as amended), hereinafter referred to as the Act.
  12. Civil Code – the act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended), hereinafter referred to as the Civil Code.
  13. Order – an action, a declaration of will by the Customer aimed directly at concluding a Sales Agreement for a Product with the Seller and fulfilling the performance for the Customer on the terms specified in this Regulation.
  14. Order form – the Store's form by means of which the Customer can place an Order and conclude a Sales Agreement.
  15. Distance contract – an agreement concluded with the Customer within the Store, without the simultaneous physical presence of the parties, using one or more means of distance communication until the conclusion of the agreement.
  16. Payment operator – PayU S.A. with its registered office in Poznań (60-166) at ul. Grunwaldzka 186, KRS: 0000274399, PayPal (Europe) S.à r.l. & Cie, S.C.A, with its registered office at L-1150 Luxembourg, and MasterPass belonging to Mastercard Europe SA with its registered office in Waterloo, Chaussée de Tervuren 198A, B-1410 Waterloo, Belgium.
  17. Proof of payment – an invoice or receipt issued in accordance with the Act on Goods and Services Tax of March 11, 2004, and other relevant legal regulations.
  18. Payment – a deposit to the Seller's account using the available online payment methods in the Store or payment upon receipt of the Product, depending on the selected payment method and the ordered Product.
  19. System – a set of cooperating computer equipment and software, providing processing and storage, as well as sending and receiving data through telecommunication networks using the appropriate end-user device for the type of network (Internet).
  20. Business days – weekdays from Monday to Friday, excluding statutory holidays.

§3 TECHNICAL REQUIREMENTS

 

  1. The Customer may use the functions provided by the online store in accordance with the Regulations and applicable laws, in a manner that does not disrupt the functioning of the online store and does not inconvenience other Customers.
  2. To use the Store, including browsing the Store's assortment and placing orders for Products, the following are required:
  1. Access to the Internet using a suitable device;
  2. An appropriately configured, up-to-date web browser that supports cookies, e.g., Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome;
  3. An active and properly configured email account.
  1. The Seller provides technical measures to prevent the acquisition, modification, or distortion of personal data and information by Customers and unauthorized third parties.
  2. The Seller takes appropriate actions to ensure the proper functioning of the Store.

§4 PRODUCTS AVAILABLE FOR INDIVIDUAL CUSTOMER ORDERS

  1. The store features products currently available on the Store's website.
  2. In the Store's offer on the website https://b2b.prospot.pl/, Products are also available that are made on an individual customer's order, such as backpacks with the customer's logo embroidered.
  3. A Customer who wants to place an individual order should use the "Inquire about the product" button located under the Product, which will display the Seller's contact details and a contact form to contact and determine the order details.
  4. After agreeing with the Customer on the parameters and characteristics of the Product, it will be prepared for an individual customer's order.
  5. The process of ordering an individual Product will be agreed upon separately with the Customer.
  6. A Customer ordering a Product for an individual order that includes the customer's logo declares that the use of this logo in the form of placing it on the ordered backpack does not infringe the intellectual property rights of third parties, especially it does not require any permission from a third party. If this is the case, the Customer declares that they have obtained the necessary permits and takes full responsibility for this.

 

§5 PLACING AND FULFILLING ORDERS

 

  1. The Customer can make a purchase of a Product by selecting it from the appropriate page of the Store. The Customer can choose from different variations of the Product at various prices (if such an option is clearly indicated in the Product description).
  2. After selecting a Product, to make a purchase, the Customer should follow the steps as indicated by the messages displayed on the Store's pages. The Customer should first click on the "Add to cart" button displayed along with the price and description of the product, as a result of which the selected Product will be added to the shopping cart.
  3. The Customer can also use the "See more" button to check the main parameters of the Product.
  4. The Customer can also continue shopping in the Store or click on the "Cart" button, then choose the delivery method and payment method.
  5. To finalize the purchase, the Customer selects the "Place an order" button.
  6. At the time of placing an order, the Customer has the option to register a customer account, log in to an existing account, or make a purchase without registration.
  7. The Customer has the option to enter a discount code, if they have one, in the field labeled "I have a discount coupon." After entering the discount code and clicking the "Use" button, the price will be modified accordingly.
  8. To place an order, the Customer is required to provide the following data in the forms, depending on the choice of "private person" or "company" option:
  1. first and last name,
  2. address (country, street, building number, apartment number, postal code, city),
  3. phone number,
  4. email address,
  5. company name,
  6. Tax Identification Number (NIP),
  7. acceptance of the Regulations by checking the checkbox. Acceptance is necessary to place and finalize the order.
  8. The Customer can also specify a different shipping address by checking the "Different shipping address" checkbox and providing the appropriate data in an additional form that will be displayed.
  9. Then, the Customer, by clicking the "Summary" button, proceeds to review their Order for verification.
  10. Clicking the "Confirm purchase" button indicates the obligation to pay for the Order.
  11. The Customer may also optionally provide comments about the order, such as additional delivery information.
  12. During the order placement process, the Customer is also required to choose the payment method for the ordered Products, from those currently available in the Store.
  13. During the order placement process, up to the moment of clicking the "Confirm purchase" button, the Customer has the option to modify the personal data provided and the data related to the selected Products, as well as the payment method.
  14. By clicking the "Confirm purchase" button, the Customer acknowledges that the conclusion of the contract is associated with the obligation to make the payment due to the Seller.
  15. The submission of the Order by the Customer constitutes an expression of the Customer's will to conclude a Sales Agreement with the Seller, in accordance with the content of this Regulation.
  16. The Customer makes a payment by selecting one of the available payment methods in the Store and then making the payment.
  17. A purchase confirmation is sent by email to the email address provided by the Customer in the Order form.
  18. The Sales Agreement is considered concluded upon receipt of the email message by the Customer as mentioned in paragraph 18 of this section. The Sales Agreement is concluded in Polish in accordance with the content of the Regulations.
  19. The Seller reserves the right not to fulfill the Order in the event of:
  20. Incorrect/incomplete completion of the Order form (lack of all the necessary data required to fulfill the Order),
  21. Non-receipt of payment within 3 days from the submission of the Order (in case of choosing the payment option by bank transfer or credit card).

§6 PRODUCT PRICES AND PAYMENT METHODS

 

  1. The prices of the Products displayed on the Store's website are gross prices and include all taxes required by applicable laws (including VAT).
  2. The Seller reserves the right to change the prices of the Products presented in the Store, introduce new Products, withdraw Products, conduct promotions, and offer discounts, as well as temporarily offer free Products. This right does not affect Orders placed before the effective date of any changes. The details and duration are always provided in the description of a specific Product.
  3. The duration of each promotion is limited. Discounts and promotions do not accumulate.
  4. The Customer can choose the following payment methods for the ordered Products:
  5. Bank transfer – paid directly to the Seller's bank account. To do this, please contact the Seller at the contact information provided in the Regulations.
  6. Online transfer – paid directly to the Seller's account through the PayU system.
  7. Payment by credit card, through the PayU or MasterPass card payment operator. Authorization and processing of personal data are carried out through the respective bank;
  8. Cash on delivery – paid upon receipt of the Product. The Product will be released after receiving payment upon delivery. The product becomes the Customer's property at the time of payment.
  9. Installment payment – The Customer will be redirected to the PayU website to make payments according to the terms indicated by the service.

In the case of electronic payments, the product will be shipped after receiving and crediting the transfer to the Seller's bank account.

  1. An invoice or receipt is issued for each Order at the Customer's request at the time of order fulfillment. Upon the Customer's request, a proof of purchase can be sent in pdf format. A pro forma invoice is automatically issued after purchase.

§7 PRODUCT DELIVERIES – COSTS, METHODS, AND TERMS

 

  1. Shipment of the Product ordered and paid for by 2:00 PM is dispatched on the day of the Order. Other Orders are processed on the next business day.
  2. The Customer can choose from the following delivery methods:
  3. Courier delivery
  4. Deliveries are made within Poland and to countries listed during the shipping address entry.
  5. The Order will be shipped to the shipping address provided in the Order Form.
  6. Deliveries take place on business days, from Monday to Friday.
  7. Delivery costs are provided at the time of placing the Order and when calculating the shopping cart. The Customer can review them before placing the Order. Product prices do not include delivery costs, which are added in accordance with the Store's current price list.
  8. If the Customer chooses prepayment as the payment method, the shipping time of the Product is calculated from the day the payment is credited to the Seller's bank account.
  9. If the Customer selects cash-on-delivery as the payment method, the Order fulfillment time is calculated from the moment the Customer receives an email confirmation from the Seller indicating the Order was placed.
  10. It is considered that the payment date is the day the payment is credited to the Seller's bank account.

 

§8 ELECTRONIC SERVICES

 

  1. Through the Store, the Seller provides electronic services to the Customer.
  2. The basic electronic service provided to the Customer by the Seller is the ability for the Customer to enter into an agreement with the Seller electronically. This service is provided free of charge as part of the price paid for placing an Order.
  3. The Seller also provides the Customer with a service in the form of sending newsletters if the Customer has given their consent. Details related to sending newsletters, registration, and opting out of receiving them are described in the privacy policy.
  4. The Seller also provides the Customer with a service for registering and maintaining an Account, as well as providing the Customer with access to the Account through logging in if the Customer has decided to create such an Account. This service is provided to the Customer as part of the price paid for a particular Product.
  5. In order to create an individual Account, the Customer should complete the registration form and accept the Terms and Conditions, and then place an Order.
  6. Information related to the Account's creation and an activation link that allows the Customer to set a password will be sent to the email address provided by the Customer. After clicking on it and setting an individual password, the Account will be created, and the Customer can use it.
  7. Upon completing a successful registration of the Account, a contract for the provision of a free electronic service is concluded for an indefinite period.
  8. The Customer logs into the Account using the email address or login and password. At any time, the Customer can also generate a new password in case of forgetting or losing the previous one.
  9. To ensure the Customer's safety and the transfer of data related to the use of the Store, the Seller implements technical and organizational measures to prevent the acquisition and modification of personal data by unauthorized persons.
  10. The Seller takes actions to ensure the full and proper functioning. The Customer is entitled to inform the Seller about any irregularities or interruptions in the operation of the Store.
  11. Sharing Account data with third parties and creating multiple Accounts by a single User are prohibited.
  12. In the case of Customers who are Consumers, the Seller may terminate the contract for the provision of electronic services and delete the Customer's Account or deprive them of the right to place Orders at any time, with a 14-day notice period, while preserving the Customer's rights acquired before the termination of the contract.
  13. In the case of Customers who are Consumers, the Seller may terminate the contract for the provision of electronic services and delete the Customer's Account or deprive them of the right to place Orders immediately, for valid reasons, if the Customer significantly and blatantly violates the provisions of these Terms and Conditions. This includes, in particular, using the Store and Account in a manner inconsistent with the law, the Terms and Conditions, and good practices and contrary to the purpose of the Account and Store, in a manner that is bothersome to other Customers and the Seller, copying the Seller's Products and Services or sharing them with third parties without the Seller's consent, providing the Seller with incorrect, inaccurate, or infringing information about third parties, or violating or attempting to violate the technical security of the Store and Account to gain unauthorized access to its resources.
  14. The parties may also terminate the contract for the provision of electronic services by mutual agreement at any time.
  15. The Customer may terminate the contract for the provision of electronic services at any time, with a 14-day notice period, or immediately for valid reasons.
  16. As a result of the deletion of the Account by the Seller, the Customer loses access to all the resources previously available on their Account.
  17. To delete the Account, the Customer can either delete the existing Account themselves or contact the Seller electronically for this purpose.

 

§9 COMPLAINTS

 

  1. The Seller is responsible towards the Customer, who is a consumer within the meaning of Article 221 of the Civil Code, for the non-conformity of the Products purchased by the Customer with the Sales Agreement (warranty), as well as in accordance with the provisions of the Consumer Rights Act.
  2. The Seller is obliged to deliver a Product free from defects.
  3. The Seller is liable to the Customer under the warranty for defects in the scope defined in the Civil Code if the Product has a physical or legal defect.
  4. The complaint should include data enabling the identification of the Customer (e.g., name, correspondence address, email address), the subject of the complaint (e.g., the type and date of the defect), and the customer's requests related to the complaint. In case of receiving an incomplete complaint, the Seller will ask the Customer to complete it.
  5. The complaint should be sent to the Seller's email address provided in this Regulations.
  6. The Seller will respond to the complete complaint within 14 days of receiving the complaint and inform the Customer about further proceedings at the email address provided in the complaint.
  7. The Seller will process the Customer's personal data for the purpose of handling the complaint.
  8. The Customer can use the complaint form attached to this Regulations or contact the Seller by phone to report a complaint and obtain information about the complaint handling process.

§10 WARRANTY AND SERVICE

  1. In case of detecting a defect in the Product, please contact the nearest service center, as indicated in the warranty card or on the Seller's website.
  2. For OGIO brand Products, the manufacturer provides a 3-year warranty to the Consumer.
  3. For other Products available in the Store, the Seller provides a 2-year warranty.
  4. The warranty period starts from the date of handing over the Product to the Customer.

 

§11 WITHDRAWAL FROM THE AGREEMENT BY THE CONSUMER

  1. The Consumer has the right to withdraw from the agreement within 14 days from the date of the agreement, without giving any reason, subject to section 6.
  2. In order to exercise the right to withdraw from the agreement, the Consumer must inform the Seller of their decision to withdraw from the agreement by means of an unequivocal statement (for example, by sending an email or using the contact form available in the Store). To meet the withdrawal deadline, it is sufficient for the Consumer to send the information regarding the exercise of the right to withdraw from the agreement before the withdrawal period expires.
  3. A sample withdrawal form can be found in the attachment to this regulation.
  4. The Seller has the obligation to return all payments made by the Consumer immediately, but not later than within 14 days from the date of receiving the Consumer's statement of withdrawal from the agreement, subject to section 6 and 7 of this paragraph.
  5. The Seller will make the refund using the same payment method that the Consumer used, unless the Consumer has explicitly agreed to a different method that does not involve any fees for them.
  6. The right to withdraw from a distance contract is not available to the Consumer for a Product that has been customized according to the Consumer's specifications or that is clearly tailored to the Consumer's individual needs, in accordance with sections 4.2-4.5 of this Regulation.
  7. The Seller may withhold the refund until the Product is received or until proof of its return is provided, whichever comes first.
  8. The Consumer is obliged to return the Products to the Seller immediately, but not later than within 14 days from the day on which the Consumer withdrew from the agreement. The deadline is met if the Consumer returns the Product before the 14-day period expires.
  9. The Consumer is responsible for the direct costs of returning the item (the cost of returning the Product to the Seller).
  10. The Consumer is responsible for any diminished value of the Product resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics, and functioning of the Product.
  11. In the case of issuing a corrective invoice, the invoice will be issued by the Store at the time of refunding the money to the Customer. The invoice will be sent to the Customer by electronic means to the email address provided during the Order, which the Customer agrees to.

§12 PROVISIONS REGARDING ENTREPRENEURS

  1. The provisions of this paragraph apply to Store Customers who are Entrepreneurs.
  2. In the case of the sale of a Product in transactions between Entrepreneurs based on Art. 558 § 1 of the Civil Code, the parties exclude the liability of the Store for physical and legal defects of the item.
  3. In the case of Customers who are not Consumers, the Seller may terminate the agreement for the provision of an electronic service consisting of maintaining the Customer's account with immediate effect and without giving reasons by sending the Customer a relevant statement, also electronically to the e-mail address provided by the Customer during registration. This does not generate any claims against the Seller.
  4. The Seller has the right to withdraw from the agreement concluded with a Customer who is not a Consumer without giving any reason within 14 calendar days from the date of its conclusion, by sending the Customer a relevant statement, also electronically to the e-mail address provided by the Customer during registration. This does not generate any claims against the Seller.
  5. If the Product is sent to the Customer through a carrier, the Entrepreneur is obliged to inspect the shipment in the manner and time accepted for a given type of shipment. At the moment of handing 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 Entrepreneur. The Entrepreneur should immediately take action to determine the carrier's liability. In such a case, the Seller is not responsible for the loss, shortage, or damage to the Product that occurred from the moment it was accepted for transport until it was handed over to the Entrepreneur, as well as for the delay in delivering the shipment.
  6. In relation to Customers who are Entrepreneurs, the Seller has the right to independently specify and limit the available payment methods and require full or partial prepayment, regardless of the payment method chosen by the Entrepreneur or the conclusion of a sales agreement.
  7. The total liability of the Seller towards the Entrepreneur (Customer) is limited to the amount paid for the Product and the delivery costs under the sales agreement and the placed Order. The Seller is not liable for lost profits in relation to the Entrepreneur.
  8. The resolution of any disputes between the Seller and the Customer, who is not a consumer within the meaning of Article 221 of the Civil Code, is subject to the court having jurisdiction over the Seller's registered office.

§13 PROVISIONS REGARDING BUSINESS CUSTOMERS UNDER CONSUMER RIGHTS

 

  1. A business customer under consumer rights is a business owner who makes purchases in the Store that are related to their business activities but do not have a professional character for them. This is especially based on the subject of their economic activities according to the regulations of the Central Register and Information on Economic Activity, in accordance with Article 38a of the Consumer Rights Act.
  2. The provisions of this regulation concerning consumers, including but not limited to:
  3. Services provided electronically,
  4. Withdrawal from the contract by the consumer,
  5. Complaints and warranties,

apply to a business customer under consumer rights within the limits of Article 38a of the Consumer Rights Act and Articles 385/5, 556/4, 556/5, and 576/5 of the Civil Code. In all other respects, the provisions of the Regulations related to business customers apply.

  1. A business customer under consumer rights, when accepting this regulation during the purchase process, and then exercising their rights as mentioned in these paragraphs, should complete the appropriate complaint or contract withdrawal form, providing information that confirms their status in accordance with Article 38a of the Consumer Rights Act.
  2. The business customer referred to above declares in the form sent to the Seller that the purchased product(s) and the sales contract are directly related to their business activities but do not have a professional character for them. This arises in particular from the subject of their economic activities based on the provisions of the Central Register and Information on Economic Activity. This serves as evidence that they meet the conditions to be recognized as such a business customer. The forms are attached to this Regulation.

 

§14 INTELLECTUAL PROPERTY AND LICENSE

  1. The Products and services provided by the Seller, available in the Store, constitute works within the meaning of the Act of February 4, 1994, on copyright and related rights, are subject to legal protection, and are the intellectual property of the Seller.
  2. By accepting this Regulation, the Customer acknowledges that all copyrights and trademarks related to the Store belong to the Seller (or they have the appropriate licenses) and are legally protected, in particular by the provisions mentioned in the above paragraph.
  3. If the Customer intends to use the Product in a manner contrary to what is stated in this Regulation, the Customer is obliged to obtain the written consent of the Seller.

§15 PERSONAL DATA AND COOKIES

 

According to Art. 13 para. 1 and para. 2 of the General Data Protection Regulation (GDPR) (i.e., Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC) and the Act of 10 May 2018 on the protection of personal data, I inform that:

  1. The administrator of the Customer's personal data is Rafał Gralak, a partner of the civil partnership PRO SPOT RB, NIP: 9521955338, and REGON: 141453614, according to a document generated from the Central Register and Information on Economic Activity, and Bartosz Lachowicz, a partner of the civil partnership PRO SPOT RB, NIP: 5242526990, and REGON: 146672404, according to a document included in the Central Register and Information on Economic Activity, jointly operating in the form of a civil partnership under the name PRO SPOT RB, at the address ul. Niska 13, 05-800 Pruszków, NIP: 952-212-51-36, also referred to as the Seller in the Regulation. The administrator independently performs the tasks of the Personal Data Protection Officer. You can contact the Administrator using the following details: email: kontakt@prospot.pl, Phone number: 884 30 40 06 or in writing to the Administrator's address.
  2. The Customer's personal data provided in the forms available in the Store will be processed on the basis of the contract concluded between the Customer and the Administrator, which is concluded as a result of accepting this Regulation, on the basis of Art. 6 para. 1 lit. b GDPR (necessity to conclude and/or perform the contract). This is necessary to execute this contract (fulfilment of the Product order and account creation) and then maintain the Customer's account and customer service related to the contract.
  3. The Customer's personal data may also be processed for the following purposes and on the following legal bases:
  4. issuing an invoice and fulfilling other obligations arising from tax law - on the basis of Art. 6 para. 1 lit. c GDPR (obligation arising from legal provisions);
  5. realization of payment transactions through an electronic payment operator - on the basis of Art. 6 para. 1 lit. b GDPR (necessity to conclude and/or perform the contract);
  6. consideration of complaints or claims - on the basis of Art. 6 para. 1 lit. b GDPR (necessity to conclude and/or perform the contract);
  7. establishment, investigation or defence against claims - on the basis of Art. 6 para. 1 lit. f GDPR (legitimate interest of the administrator);
  8. telephone contact regarding the execution of the service - on the basis of Art. 6 para. 1 lit. b GDPR (necessity to conclude and/or perform the contract);
  9. storage of unpaid orders - on the basis of Art. 6 para. 1 lit. f GDPR (legitimate interest of the administrator);
  10. creating records and registers related to the GDPR - on the basis of Art. 6 para. 1 lit. c) GDPR (obligation arising from legal provisions) and Art. 6 para. 1 lit. f GDPR (legitimate interest of the administrator);
  11. archival and evidentiary, for the purpose of securing information that can serve to prove facts - on the basis of Art. 6 para. 1 lit. f) GDPR (legitimate interest of the administrator);
  12. use of cookies on the Store's website and subpages - on the basis of Art. 6 para. 1 lit. a) GDPR (consent);
  13. for direct marketing directed to the Customer - on the basis of Art. 6 para. 1 lit. f GDPR (legitimate interest of the administrator).
  14. Providing personal data is voluntary but necessary for the purposes related to the execution of the contract and the legitimate interests of the Administrator. Failure to provide them will result in the conclusion and execution of the contract being impossible.
  15. The Customer's personal data will be processed for the duration of the contract, as well as for the period of securing possible claims in accordance with applicable legal provisions. They will then be deleted unless the Customer decides to use the Administrator's services and leaves them on another basis and for the purpose indicated by him.
  16. The Customer's personal data will be made available to other data recipients, such as service providers providing IT system maintenance and hosting, electronic mail service provider, mailing service (newsletter) or payment system, law firm, subcontractors and assignees involved in the online store's activities, etc.
  17. Due to the fact that the Administrator uses external providers of various services, e.g. Facebook and its subsidiaries, Google, Microsoft, etc., the Customer's data may be transferred to the United States of America (USA) in connection with their storage on U.S. servers (in whole or in part). Google and Facebook apply compliance mechanisms provided for by the GDPR (e.g. certificates) or standard contractual clauses. They will be transferred only to recipients who guarantee the highest protection and security of data, including by:
  18. cooperating with entities processing personal data in countries for which a relevant decision of the European Commission has been issued,
  19. applying standard contractual clauses issued by the European Commission (as is the case with Google, for example),
  20. applying binding corporate rules approved by the competent supervisory authority,

or to whom the Customer has given his consent to the transfer of personal data.

  1. The Customer has the right to access his data, correct it, rectify it, delete it or restrict processing, the right to object to processing, the right to data transfer, the right to request access to data, as well as the right to lodge a complaint with the supervisory authority - the President of the Office for Personal Data Protection if he believes that the processing of his data is not in accordance with currently applicable legal provisions on data protection. He also has the right to be forgotten if further processing is not provided for by currently applicable legal provisions.
  2. The Customer also has the right to withdraw his consent at any time if he has provided his personal data on the basis of consent. Withdrawal of consent does not affect the processing of data carried out on the basis of consent before its withdrawal.
  3. The Customer's personal data will not be processed in an automated manner, including profiling within the meaning of the GDPR, which means that the Administrator will not make automated decisions that affect the rights and freedoms of the Customer.
  4. In order to ensure the Customer's safety and data transfer related to using the Store, the Seller takes technical and organizational measures appropriate to the degree of security risk of the services provided, in particular measures to prevent unauthorized acquisition and modification of personal data by unauthorized persons.
  5. The detailed rules for collecting, processing, and storing personal data used to execute orders through the Store, as well as the cookies policy, are described in the Privacy Policy, available at: https://prospot.pl/polityka-prywatnosci.

§16 OUT-OF-COURT DISPUTE RESOLUTION
AND CONSUMER CLAIMS ENFORCEMENT

 

  1. The Seller agrees to submit any disputes arising in connection with the concluded Product supply contracts to mediation. Details will be determined by the parties to the conflict.
  2. The Consumer has the opportunity to use out-of-court dispute resolution methods and claims enforcement. The Consumer may, among others:
  3. apply to the permanent consumer arbitration court with a request to settle a dispute arising from the concluded contract,
  4. contact the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings to amicably settle the dispute between the Customer and the Seller,
  5. use the assistance of the county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Polish Consumers' Association).
  6. For more detailed information on out-of-court dispute resolution and claims enforcement, the Consumer can visit the website http://www.uokik.gov.pl and the offices and websites of county (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, or the Provincial Inspectorates of the Trade Inspection.
  7. The Consumer can also use the ODR platform, available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and entrepreneurs seeking an out-of-court settlement of a dispute concerning contractual obligations arising from an online sales contract or a service contract.
  8. The matter can be considered by an arbitration court only after the complaint procedure is completed and if both parties to the dispute agree to this. In other cases, any disputes are subject to the jurisdiction of the courts in accordance with the provisions of the Code of Civil Procedure and general jurisdiction.

 

§17 FINAL PROVISIONS

 

  1. Contracts concluded through the online store and services provided are executed in Polish and in accordance with Polish law.
  2. The Seller reserves the right to amend the Regulations only for valid reasons, such as changes in the law, changes in payment and delivery methods, to the extent that these changes affect the implementation of the provisions of this Regulation, changes in technology. The new regulation comes into force on the day of publication on the Seller's online platform on the subpage: Regulations.
  3. For agreements concluded before the change of the Regulations, the version of the Regulations in force at the date of the Agreement applies.
  4. In the event that any provision of this Regulation is found to be inconsistent with the generally applicable legal regulations and infringing on the interests of consumers, the Seller declares the application of the correct provision indicated.
  5. Settlement of any disputes between the Seller and the Customer, who is a consumer within the meaning of Article 221 of the Civil Code, is subject to the jurisdiction of the courts in accordance with the relevant provisions of the Code of Civil Procedure.
  6. Matters not regulated by this Regulation are subject to the generally applicable Polish law, in particular, the Civil Code, the Consumer Rights Act, the Act on the provision of electronic services, the Act on combating unfair competition, the Personal Data Protection Act, and the General Data Protection Regulation (GDPR).

 

Link to the privacy policy: https://prospot.pl/polityka-prywatnosci

Link to this Regulation: https://prospot.pl/regulamin-zakupow


APPENDIX 1 - COMPLAINT FORM TEMPLATE FOR CONSUMERS

 

City, date: …………………………….

 

Name and surname/company: …………………………….

Address: ……………………………….

Email: …………………………….

Phone number: …………………………….

Order number: …………………………….

Date of order receipt: …………………………….

 

[Seller's data: name, address]

__________________________________

__________________________________

 

Product Complaint

I hereby notify that the product ……………………………………………………… ………………………………………………………[product information] purchased by me on ………………………………………………………[date] is defective.

The defect consists of …………………………………………………………………………………. ……………………………………………………………………………………………………………………………………………….……………………………………………………………………………………………………………………………………………………………………………………………………………..[description of the defect].

The defect was identified on ……………………………………………………..

Due to the above, I demand:

  • replacement of the item with a new one (Article 561 § 1 of the Civil Code),
  • free repair of the item (Article 561 § 1 of the Civil Code),
  • reduction of the price of the item by ………………….. €, in words: …………………………………………… € (Article 560 § 1 of the Civil Code),
  • withdrawal from the contract (Article 560 § 1 of the Civil Code).

Bank account number for refund: …………………………………………………………………………………………………………………………

Account holder: ………………………………..………………………………….

 

Date: ____________________ Consumer's signature: __________________


APPENDIX 2 - COMPLAINT FORM TEMPLATE FOR BUSINESS CUSTOMERS ON CONSUMER TERMS

 

City, date: …………………………….

 

Name and surname/company: …………………………….

Company address: ……………………………….

Tax Identification Number (NIP): ……………………………

Email: …………………………….

Phone number: …………………………….

Order number: …………………………….

Date of order receipt: …………………………….

 

[Seller's data: name, address]

__________________________________

__________________________________

 

Complaint about a product purchased by a business customer on consumer terms

I hereby notify that the product ……………………………………………………… ………………………………………………………[product information] purchased by me on ………………………………………………………[date] is defective.

The defect consists of …………………………………………………………………………………. ……………………………………………………………………………………………………………………………………………….……………………………………………………………………………………………………………………………………………………………………………………………………………..[description of the defect].

The defect was identified on ……………………………………………………..

Due to the above, I demand:

  • replacement of the item with a new one (Article 561 § 1 of the Civil Code),
  • free repair of the item (Article 561 § 1 of the Civil Code),
  • reduction of the price of the item by ………………….. €, in words: …………………………………………… € (Article 560 § 1 of the Civil Code),
  • withdrawal from the contract (Article 560 § 1 of the Civil Code).

Bank account number for refund: …………………………………………………………………………………………………………………………

Account holder: ………………………………..………………………………….

 

At the same time, I declare that the purchased product(s), and thus the sales contract, are directly related to my business activity, but they do not have a professional nature for me, arising in particular from the subject of my business activity on the basis of the provisions on the Central Register and Information on Economic Activity, in accordance with Article 38a of the Consumer Rights Act.

 

As proof of this, I list below the Polish Classification of Activities (PKD) codes for my business activity in the Central Register and Information on Economic Activity (CEIDG):

  1. PKD No. …………………………… Description: ……………………………………………………………………
  2. PKD No. …………………………… Description: ……………………………………………………………………
  3. PKD No. …………………………… Description: ……………………………………………………………………
  4. PKD No. …………………………… Description: ……………………………………………………………………
  5. PKD No. …………………………… Description: ……………………………………………………………………
  6. PKD No. …………………………… Description: ……………………………………………………………………
  7. PKD No. …………………………… Description: ……………………………………………………………………

 

Date: _____________________ Signature: _____________

 

APPENDIX 3 - WITHDRAWAL FORM TEMPLATE FOR CONSUMERS

 

City, date: …………………………….

 

Name and surname/company: …………………………….

Address: ……………………………….

Email: …………………………….

Phone number: …………………………….

Order number: …………………………….

Date of order receipt: …………………………….

 

[Seller's data: name, address]

__________________________________

__________________________________

 

Declaration

of withdrawal from a contract concluded outside business premises

 

I hereby declare that I withdraw from the contract …………........................................ no. ............................................ concluded on ……………………… concerning the following items …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

Please refund the amount of ………………….. € (in words: …………………………………………… €) by:

  • postal order to the address ……………………………..…. [to be filled in if applicable]
  • to the bank account with the number: ………………………...................................... [to be filled in if applicable],

 

Date: _____________________ Consumer's signature: _____________

 

APPENDIX 4 - WITHDRAWAL FORM TEMPLATE FOR BUSINESS CUSTOMERS ON CONSUMER TERMS

 

City, date: …………………………….

 

Name and surname/company: …………………………….

Company address: ……………………………….

Tax Identification Number (NIP): ……………………………

Email: …………………………….

Phone number: …………………………….

Order number: …………………………….

Date of order receipt: …………………………….

 

[Seller's data: name, address]

__________________________________

__________________________________

 

Declaration

of withdrawal from a contract concluded outside business premises in the case of a business customer on consumer terms

 

I hereby declare that I withdraw from the contract …………........................................ no. ............................................ concluded on ……………………… concerning the following items: ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

Please refund the amount of ………………….. € (in words: ……………………………………………€) by:

  • postal order to the address ……………………………..…. [to be filled in if applicable]
  • to the bank account with the number: ………………………...................................... [to be filled in if applicable],

At the same time, I declare that the purchased product(s) and the concluded sales contract are directly related to my business activity, but they do not have a professional nature for me, arising in particular from the subject of my business activity on the basis of the provisions on the Central Register and Information on Economic Activity, in accordance with Article 38a of the Consumer Rights Act.

 

As proof of this, I list below the Polish Classification of Activities (PKD) codes for my business activity in the Central Register and Information on Economic Activity (CEIDG):

  1. PKD No. …………………………… Description: ……………………………………………………………………
  2. PKD No. …………………………… Description: ……………………………………………………………………
  3. PKD No. …………………………… Description: ……………………………………………………………………
  4. PKD No. …………………………… Description: ……………………………………………………………………
  5. PKD No. …………………………… Description: ……………………………………………………………………
  6. PKD No. …………………………… Description: ……………………………………………………………………
  7. PKD No. …………………………… Description: ……………………………………………………………………

 

Date: _____________________ Signature: _____________

 

 

 

 

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