Terms and conditions of the website www.poleconysystem.pl

I. Definitions

For the purposes of these general terms and conditions of service, the terms listed below shall have the following meanings:

1. Terms and Conditions – these terms and conditions containing the general terms and conditions for the provision of services by the Seller (terms and conditions within the meaning of Article 8 of the Act on the provision of electronic services, Journal of Laws 2002 No. 144, item 1204, as amended);
2. Seller/Service Provider – Polecony Księgowy limited liability company with its registered office in Krakow, address: ul. Czyżówka, 14/0.3, 30-526 Krakow, entered in the Register of Entrepreneurs of the National Court Register, whose documentation is kept by the District Court for Krakow-Śródmieście in Krakow under KRS number: 0000878480, NIP 6793210622, REGON: 38792716800000, with share capital of PLN 5,000.00, e-mail: sklep@poleconysystem.pl ; phone number: +48 12 311 52 22 ;
3. Website – the website: poleconysystem.pl, which aims to present the Products offered by the Seller, to support the Seller’s retail sale of Products, including, among others, placing Orders, submitting and considering complaints and withdrawing from contracts, including Distance Sales Contracts, as well as to record Orders and to fulfil the information obligations towards Customers provided for by law and relating to the Products sold;
4. User – Consumer, Entrepreneur or other entity, including a Customer, who browses the content of the Website or creates an Account;
5. Consumer – a natural person performing a legal transaction not directly related to their business or professional activity. A consumer is also considered to be a natural person who concludes a contract directly related to their business activity, when the content of the contract indicates that it is not of a professional nature, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
6. Entrepreneur – a natural person, legal person or organisational unit referred to in Article 33[1] § 1 of the Civil Cod conducting business or professional activity on their own behalf;
7. Customer – a natural person or legal person or organisational unit that is not a legal person, to which the law grants legal capacity, which has concluded or intends to conclude a Sales Agreement;
8. Product – a product presented by the Seller on the Website, which is available for sale in the Shop;
9. Sales Agreement – an agreement for the sale of a Product, in which the Customer purchases a Product from the Seller on the terms specified in the Terms and Conditions;
10. Order Form – an interactive form available as part of the Website’s functionality, through which the Customer can place an Order. Through the Order Form, the Customer can select the Product, the number of Products, the method of payment (specifying the terms of the Sales Agreement) and the method of delivery of the Product;
11. Order – a declaration of intent made by the Customer via the Order Form or in any other manner with a view to purchasing the Product;
12. Account – a feature of the Online Shop that allows the User to perform certain actions on the Website, in particular to view the Products they have ordered;
13. Newsletter – a voluntary and free service consisting in the Seller sending commercial information to the e-mail address provided by the person interested in receiving commercial information. As part of the Newsletter, the Seller may send the interested person, on a regular or occasional basis, content containing information about Products, new items and current promotions available on the Website;
14. Civil Code – Act of 23 April 1964 Civil Code (Journal of Laws of 1964, item 93, as amended).

II. General provisions

1. The website available at the following address: https://poleconysystem.pl is operated by Polecony Księgowy spółka z ograniczoną odpowiedzialnością with its registered office in Krakow, address: ul. Czyżówka, 14/0.3, 30-526 Kraków, entered in the Register of Entrepreneurs of the National Court Register, whose documentation is kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, under KRS number: 0000878480, NIP 6793210622, REGON: 38792716800000, with share capital of PLN 5,000.00, correspondence address identical to the business address, e-mail address: sklep@poleconysystem.pl.
2. The Terms and Conditions contain the rules for using the Website, which is intended to present the Products offered by the Seller, the handling of the sale of Products by the Seller, including, among other things, the placing of Orders, the submission and consideration of complaints and the withdrawal from contracts, including Distance Sales Contracts, as well as the recording of Orders and the fulfilment of legal information obligations towards Customers regarding the Products sold.
3. The Seller is the administrator of Customers’ personal data processed in connection with the implementation of the provisions of the Terms and Conditions. Customers’ personal data is processed for the purposes, to the extent and based on the principles set out in the Seller’s privacy policy published on the Website. Providing personal data by the Customer is voluntary, but necessary for the functioning of the Website.
4. The Website can be accessed from any country in the world.
5. The Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Website, unless a specific provision of the Terms and Conditions states otherwise and is addressed exclusively to Consumers or Entrepreneurs.
6. In addition to the possibility of purchasing Products and the Newsletter service, the Service Provider also enables browsing the content of the Website and the service of creating and maintaining an Account. The Seller does not charge any fees for browsing the content of the Website, the Newsletter, or for creating and maintaining an Account.
7. You can contact the Seller via:
   1. paper form: address: ul. Czyżówka, 14/0.3, 30-526 Kraków;
   2. email address: sklep@poleconysystem.pl;
   3. telephone number: +48 12 311 52 22;
8. In order to use the Website correctly, the following is required:
   1. access to the Internet;
   2. standard, up-to-date operating system;
   3. having an active e-mail address;
   4. a standard, up-to-date web browser with cookies enabled, e.g.
      1. on portable or desktop computers:
         • Google Chrome Version 142.0.0 or higher;
         • Opera version 123.0.0 or higher;
         • Mozilla Firefox version 145.0.0 or higher;
         • Microsoft Edge version 142.0.0 or higher;
         • Safari version 26.0.1 or higher (for MAC OS systems)
      2. on mobile devices:
         • as higher
9. The Terms and Conditions are available to Customers and Users at any time via the Website. The Service Provider indicates that before using the Website, you should read the Terms and Conditions. If you do not accept the Terms and Conditions in whole or in part, the Service Provider asks you to stop using the Website.

III. Orders

1. On the Website, the Seller presents its Products along with their current prices.
2. The Product Catalogue available on the Website constitutes an invitation to conclude a contract referred to in Article 71 of the Civil Code. This Catalogue does not constitute an offer within the meaning of Article 66 of the Civil Code.
3. To place an Order via the Website, it is necessary to complete the Order Form and provide all the required Order details. Failure to provide all Order details may result in the Seller not accepting the Order. The Order may also be placed in another electronic form (e.g. in an email sent to the Seller’s email address indicated in Chapter I, point 1(b)).
4. When placing an Order by e-mail, as referred to in section 3, sentence 3, the Customer shall provide all necessary details of the Order required by the Seller in the Order Form. The Seller shall have the right to request details of the Order from the Customer, making the conclusion of the Sales Agreement conditional upon the Customer providing the necessary details of the Order.
5. Confirmation of the order by the Customer is tantamount to the Customer making a declaration of intent to enter into a Sales Agreement with the Seller.
6. The Seller shall confirm the Order by sending a confirmation containing the number and types of Products ordered to the Customer’s e-mail address provided when placing the Order. The Seller shall confirm acceptance of the Order within five working days of its receipt, unless there are reasons beyond the Seller’s control. However, the Seller is obliged to immediately confirm acceptance of the Order when the reasons indicated in this paragraph cease to exist. The Seller has the right to contact the Customer in order to verify the content of the Order and its terms and conditions, as well as to verify personal and contact details.
7. Confirmation of the Order by the Seller means that the Seller will proceed with the fulfilment of the Order. Fulfilment of the Order means the preparation of the Product by the Seller for delivery to the Customer.
8. The Seller may not fulfil the Order if:
   1. the Product selected by the Customer is not available from the Seller,
   2. the data provided by the Customer is incomplete, incorrect or raises reasonable doubts as to its accuracy,
   3. extraordinary events occurred which the Seller could not have foreseen or prevented in the normal course of business (force majeure)

The Seller shall immediately notify the Customer of this fact. If the Customer has already paid the price for the Product, the Seller shall be obliged to refund the funds to the Customer within 7 days from the date of notifying the Customer about the inability to fulfil the Order.

9. The Seller shall inform the Customer about the extended Order completion date, indicating the reason for the delay and the expected Order completion date. If the Customer does not accept the extended Order completion date within 5 working days, the Order shall be cancelled. If the Customer has paid for the Order, the Seller shall refund the Customer the entire amount received.
10. Failure to complete the Order Form within 30 minutes shall constitute withdrawal from placing the Order.

IV. Account

1. The user has the option to create and maintain an Account on the Website.
2. The Account Agreement is concluded for an indefinite period, i.e. for the period until the Account is deleted by the User by selecting the appropriate functionality on the Website.
3. In order to register an Account, select the appropriate functionality on the Website and complete the registration form.
4. After completing the registration form, the User may be asked to verify the e-mail address provided when completing the registration form.
5. By registering an Account, the User declares that the data provided in the registration form is true and does not infringe the rights of third parties.
6. In the Account, the User has, among other things, the option to store Order confirmations.
7. Due to the obligation to ensure the protection of personal data, the Service Provider may delete the Account if 3 years have passed since the last login to the Account.

V. Payments

1. All prices presented by the Seller on the Website for the Products are gross prices, i.e. they include value added tax (VAT) based on the current rates provided for by law. Prices are expressed in Polish zlotys.
2. The customer is bound by the price stated on the Website at the time of placing the Order.
3. The total value of the Order is presented by the Seller via the Website or, if the Order is placed in a manner other than via the Website, in a manner corresponding to the form of the Order. The total value of the Order is the sum of the gross prices of all Products ordered by the Customer and any specified costs related to the form of payment selected by the Customer.
4. Payment for the ordered Product is made via the Website or outside the Website in the form of a transfer of funds to the Seller’s account number.
5. In the case of payments via the Website, the Customer makes payments electronically through an external payment system (e.g. BLIK, Apple Pay, Google Pay and PayU) available from the Seller at the time of placing the Order.
6. The Customer selects the payment method by ticking the appropriate box on the Order Form.
7. The payment date is the date on which the funds are credited to the Seller’s bank account.

VI. Transfer of the Product

1. The Seller delivers the Product to the Customer by:
   1. delivery of the Product in the form of a durable medium (e.g. PDF file) or
   2. by sending a link enabling permanent and uninterrupted access to the Product to the email address provided by the Customer.
2. The Seller does not deliver the Product in physical, traditional form.
3. The Seller shall fulfil the Order immediately after the payment has been credited to their account.
4. The document confirming the conclusion of the Sales Agreement is attached by the Seller to an email sent to the email address provided by the Customer when placing the Order.
5. The Seller shall not be liable if the delivery of the Product cannot be completed due to incorrect or incomplete delivery details provided by the Customer. However, the Seller undertakes to cooperate with the Customer in order to deliver the Product or refund the funds paid by the Customer if the Sales Agreement has been withdrawn from or terminated.
6. When delivering the Product to a Customer who is also a Consumer, the Seller informs the Customer who is also a Consumer that after
7. the performance of the service (delivery of the Product to the Customer by the Seller), they will lose the right to withdraw from the Sales Agreement, and the Customer declares that they acknowledge this.

VII. Intellectual property rights

1. The intellectual property rights to the Website and Products, including copyrights and derivative rights to works)
2. are the property of the Seller, who has the right to make changes, add, modify and delete content, and all collections on the Website, its name, mode of operation and other data are subject to legal protection. Reproduction, duplication, transfer or distribution or recording on any media of the above-mentioned content without the prior written consent of the Seller is prohibited, except for the exceptions described below.
3. The User is authorised to view the content of the Website. The Website may not be used for any purposes other than the non-commercial purposes of the User or Customer.
4. The conclusion of the agreement does not transfer copyright to any elements of the Products to the Customer. The Customer only obtains a non-exclusive licence under the terms and conditions set out below.
5. Upon delivery of the Product to the Customer, the Seller grants the Customer a non-exclusive, non-transferable, non-sublicensable licence to use the Product solely for the Customer’s own private and non-commercial purposes.
6. The licence is granted for an indefinite period and worldwide.
7. The licence fee is included in the price of the Product.
8. Fields of use. The licence entitles the Customer to:
   1. storing in device memory and playing back for personal use (displaying/reading on screen),
   2. making a backup copy for personal use.
9. Without the prior written consent of the Seller, expressed in writing under pain of nullity, the Customer is not entitled, in particular, to:
   1. distributing the Product or any part thereof in any form (including making it publicly available on the Internet in such a way that anyone can access it at a place and time of their choosing, publishing it on forums/social networking sites, sending it to third parties by e-mail/instant messaging),
   2. recording and reproduction of the Product,
   3. Product development (translations, adaptations, modifications) and disposal and use of developments,
   4. placing the Product on the market, leasing or lending copies of the Product, or providing access to the link to third parties,
   5. commercial use of the Product (including in business, professional, promotional, training activities, paid services, integration into the Customer’s products/services),
   6. creating Product studies, modifications, translations, combining with other works, removing or altering copyright notices, trademarks, information about origin,
   7. circumventing or removing technical protections of the Product (DRM, watermarks, access tokens),
10. The Seller may mark Digital Products with watermarks (including data identifying the Order) and apply technical security measures. Removal or alteration of such markings or security measures is prohibited.
11. Trademarks, trade names and logos used in the Product remain the property of the Seller or the relevant rights holders. The licence does not include the right to use trademarks beyond the scope necessary for reading the Product.
12. The provisions of this chapter should be interpreted narrowly; any rights of the Customer not expressly stated as permitted are not granted to the Customer.
13. If broader rights are required (e.g. commercial licence, multi-user licence, licence for a team/company), the Customer may contact the Seller to agree on other terms and conditions of the licence for the use of the Products.

VIII. Withdrawal from the contract

1. A Customer who is also a Consumer may withdraw from a distance contract concluded with the Service Provider (including a Sales Contract)within 14 days from the date of taking possession of the Product by the Customer, without giving any reason and without incurring any costs, subject to the exceptions indicated below.
2. The right to withdraw from a distance contract does not apply to Customers who are also Consumers in relation to the following contracts:
   1. for the provision of services for which the Customer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Customer, who was informed before the commencement of the service that once the service has been performed by the trader, they will lose their right to withdraw from the contract, and they have acknowledged this,
   2. for the delivery of Products in the form of digital content not delivered on a tangible medium, for which the Customer is obliged to pay the price, if the Seller has commenced performance with the express and prior consent of the Customer, who was informed before the commencement of performance that once the entrepreneur has performed the service, they will lose the right to withdraw from the contract, and has acknowledged this, and the Seller has provided the Customer with a document confirming the conclusion of the sales contract.
3. The statement of withdrawal from the contract may be submitted, among other things, via the Seller’s e-mail address: sklep@poleconysystem.pl or sent to the following address: ul. Czyżówka, 14/0.3, 30-526 Kraków.
4. The statement referred to in paragraph 3 may be submitted by a Customer who is also a Consumer using the statutory form or formulated independently. A template statement of withdrawal from the contract is attached to the Terms and Conditions.
5. The Seller shall refund all payments made by the Consumer no later than 14 days from the date of receipt of the Customer’s statement of withdrawal from the Sales Agreement. The refund shall be made using the same method of payment as used by the Customer to pay the price, unless the Customer has expressly agreed to a different method of refund and the different method of refund does not incur any additional costs for the Customer.
6. In the event of withdrawal from the Account Agreement or Sales Agreement, the Agreement or Sales Agreement shall be deemed not to have been concluded.

IX. Complaints, non-compliance with the agreement, out-of-court dispute resolution, liability

1. A Customer who is also a Consumer may submit complaints regarding the services provided by the Seller on the Website, in particular regarding the non-compliance of the Product with the Sales Agreement (hereinafter referred to as “complaints”).
2. Complaints may be submitted in writing or by e-mail to the Seller’s addresses indicated in section 2.
3. A customer who is also a consumer should provide their name, correspondence address, and a description of the problem.
4. The Seller shall consider the above-mentioned complaint and the non-compliance of the Product with the Sales Agreement within 14 days of receiving it. The response shall be provided in the same form as the complaint was submitted.
5. A Customer who is also a Consumer is entitled to use the forms of amicable dispute resolution provided for by law, including, for example, applying to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable resolution of a dispute between the User and the Seller, using the assistance of the district (municipal) consumer ombudsman.
6. cThe Seller shall be liable to the Customer who is a Consumer for any non-compliance of the Product with the Sales Agreement.
7. In the case of Sales Agreements to which the Customer is a Business, liability under the warranty shall be excluded.
8. If the Product is not in conformity with the Sales Agreement, the Customer who is also a Consumer has the right to submit a statement on price reduction or withdrawal from the Sales Agreement.
9. If the information provided by the Customer who is also a Consumer is incomplete, the Seller may ask the Customer to supplement it.

X. Final provisions

1. Reproduction or publication of the Terms and Conditions or any part thereof without the Seller’s written consent is prohibited.
2. The law applicable to the resolution of any disputes arising from these Terms and Conditions shall be Polish law, unless otherwise provided by mandatory provisions of law.
3. The content of the Terms and Conditions may be amended in the following cases:
   1. changes in legal regulations affecting the content of the Regulations,
   2. imposition of specific obligations by state authorities,
   3. improvements to the Website’s operation,
   4. changes in the scope of services provided.
4. Any disputes that may arise from contractual relations between the Seller and the Customer shall be considered:
   1. by the court with jurisdiction over the Seller’s registered office – for disputes involving the Entrepreneur,
   2. by the court having jurisdiction over the Consumer’s place of residence, unless the Consumer expressly chooses another court in accordance with the jurisdiction provided for by law.
5. Orders placed before the new Terms and Conditions come into force shall be subject to the existing Terms and Conditions, i.e. those in force at the time the Customer placed the Order.
6. The User will be notified of any changes in the Online Store, along with the date on which the changes come into effect. The date on which the changes come into effect will not be less than 14 days from the date of their announcement. If a User with an Account does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact by e-mail to the e-mail address indicated in Chapter II of the Terms and Conditions, within 14 days from the date of notification of the change to the Terms and Conditions. Failure to accept the changes will result in the termination of the Account agreement.

Attachment: Template for withdrawal from a distance contract [download]