Terms and Conditions

§ 1

Preliminary Provisions

The ESCsystems online store, available at the internet address ecssystems.cfolks.pl, is operated by “ELECTRONIC SOFTWARE CONTROL SYSTEMS” SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office at Hoża 86 / 410, 00-682 Warsaw, entered into the National Court Register by the District Court in Warsaw, Commercial Division of the National Court Register under KRS number 0000848660, with a share capital of PLN 50,000, NIP 8481877719, REGON 386657005.
These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the online store as well as the rules and procedure for concluding distance Sales Agreements with the Customer via the Store.

§ 2

Definitions

Consumer – a natural person concluding a contract with the Seller via the Store, the subject of which is not directly related to their business or professional activity.
Seller – “ELECTRONIC SOFTWARE CONTROL SYSTEMS” SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, as described in § 1 point 1.
Customer – any entity making purchases through the Store.
Entrepreneur – a natural person, legal person, or organizational unit without legal personality but to whom a separate law grants legal capacity, conducting business activity in their own name, who uses the Store.
Store – the online store operated by the Seller at ecssystems.cfolks.pl
Distance Agreement – a contract concluded with the Customer as part of an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the moment the contract is concluded.
Terms and Conditions – these store regulations.
Order – the Customer’s declaration of intent made via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
Account – the Customer’s account in the Store, containing data provided by the Customer and information about Orders placed in the Store.
Registration Form – a form available in the Store enabling the creation of an Account.
Order Form – an interactive form available in the Store that enables placing an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including delivery and payment methods.
Cart – a component of the Store’s software where the selected Products for purchase are visible, and where the Customer can also modify Order details, particularly product quantities.
Product – a movable item/service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
Sales Agreement – a product sales contract concluded or entered into between the Customer and the Seller via the online Store. The term “Sales Agreement” also refers—depending on the nature of the Product—to a contract for the provision of services or a contract for specific work.

§ 3

Contact with the Store

Seller’s address: Hoża 86 / 410, 00-682 Warsaw
Seller’s e-mail address: biuro@escsystems.pl
Seller’s phone number: 603 443 789
The Customer may contact the Seller using the addresses and phone numbers provided in this section.
The Customer may contact the Seller by phone from 8:00 AM to 4:00 PM.

§ 4

Technical Requirements
To use the Store, including browsing the Store’s assortment and placing orders, the following are necessary:
a. a device with internet access and an internet browser,
b. an active email account,
c. cookies enabled.

§ 5

General Information

The Seller, to the maximum extent permitted by law, is not liable for disruptions, including interruptions in the functioning of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Customer’s technical infrastructure.
Browsing the Store’s assortment does not require creating an Account. Orders can be placed either after creating an Account in accordance with § 6 of the Terms and Conditions or by providing the necessary personal and address details enabling order processing without creating an Account.
Prices in the Store are given in Polish zloty and are gross prices (including VAT).
The final price payable by the Customer includes the price of the Product and delivery costs (including transport, delivery, and postal service charges), which the Customer is informed about during the order placement process and at the time of expressing their intention to conclude a Sales Agreement.
In the case of a subscription or service contract for an indefinite period, the final price is the total of all payments for the billing period.
If the subject of the Agreement, reasonably assessed, does not allow prior calculation of the final price, the method of price calculation and delivery or postal service charges will be provided in the Product description in the Store.

§ 6

Creating an Account in the Store

To create an Account in the Store, the Registration Form must be filled out, providing the following mandatory data: email, address, phone number, and password.
Creating an Account in the Store is free of charge.
Logging into the Account is done by entering the login and password established in the Registration Form.
The Customer may delete their Account at any time without giving a reason and without incurring any costs by sending an appropriate request to the Seller, particularly via email or in writing to the addresses provided in § 3.

§ 7

Order Placement Rules
To place an Order, the following steps are required:

log into the Store (optional);
select a Product to be ordered and then click the “Add to Cart” button (or equivalent);
log in or use the option to place an Order without registration;
if placing an Order without registration – fill out the Order Form with recipient and delivery address details, choose the type of shipment, and provide invoice details if different from the recipient’s;
click the “Order and Pay” button and confirm the Order by clicking the link in the confirmation email;
choose a payment method and, depending on the method, pay for the order within the specified time, as provided in § 8 point 3.

§ 8

Available Delivery and Payment Methods

The Customer may choose the following delivery or collection methods:
a. Delivery via email
The Customer may choose the following payment methods:
a. Bank transfer to the Seller’s account
b. Electronic payments
c. Payment by credit/debit card
Detailed information on delivery and accepted payment methods is available on the Store’s website.

§ 9

Sales Agreement Execution

The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order via the Order Form in accordance with § 7.
After the Order is placed, the Seller immediately confirms its receipt and accepts it for processing. Confirmation and acceptance are sent by email to the address provided by the Customer, including a declaration of receipt, acceptance, and confirmation of the Sales Agreement. The Sales Agreement is deemed concluded upon receipt of this email by the Customer.
In the case of:
a. bank transfer, electronic payment, or card payment – payment must be made within 3 calendar days of concluding the Agreement, otherwise the order will be cancelled.
If delivery other than personal collection is chosen, the Product will be sent as described in the Product listing and as selected during ordering.
For Orders with Products of varying delivery times:
A. the longest delivery time applies,
B. the Customer may request partial deliveries or delivery once the whole order is complete.
Delivery time starts:
a. for bank transfer, electronic payment, or card – from the moment the Seller’s account is credited,
b. for cash-on-delivery – from the day the Sales Agreement is concluded.
If the Customer chooses personal collection, the Product will be ready at the time stated in the description. The Seller will inform the Customer by email.
For Orders with different availability dates, the latest date applies.
Readiness for collection starts:
a. for bank transfer, electronic payment, or card – from the moment the Seller’s account is credited,
b. for cash on personal collection – from the conclusion of the Agreement.
Product delivery is available only within Poland.

§ 10

Right of Withdrawal

The Consumer has the right to withdraw from the Sales Agreement within 14 days without giving any reason.
The period starts upon delivery of the Product to the Consumer or a third party indicated by the Consumer, other than the carrier.
For Agreements involving multiple Products delivered separately, in batches, or in parts – the period starts from the last item, batch, or part.
For Agreements for regular delivery (subscriptions), the period starts from the first item delivered.
To exercise the right of withdrawal, the Consumer must send a declaration to the Seller. Sending it before the 14-day deadline is sufficient.
The declaration can be sent by post, fax, email, or via the Seller’s website. The Seller’s contact details are provided in § 3. Use of the sample form (Annex 1 to these Terms and to the Act of 30 May 2014 on Consumer Rights) is optional.
Upon receiving the declaration by email, the Seller will promptly confirm receipt.
Effects of withdrawal:
a. The contract is considered not concluded.
b. The Seller shall reimburse all payments, including delivery costs (except additional costs from a non-standard delivery method), within 14 days.
c. Refunds will be made using the same payment method unless otherwise agreed at no extra cost to the Consumer.
d. The Seller may withhold the refund until the Product is returned or proof of return is provided.
e. The Consumer must return the Product within 14 days of withdrawal notification.
f. The Consumer bears direct costs of return, including non-standard return costs if applicable.
g. The Consumer is only liable for diminished value resulting from use beyond what is necessary to determine the nature, characteristics, and functioning of the Product.
If the Product, due to its nature, cannot be returned by regular mail, this and the cost of return will be specified in the Product description.
The right to withdraw from a distance agreement does not apply to the Consumer with regard to contracts:
a. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the performance began that after the Seller’s performance, they would lose the right to withdraw from the contract;
b. in which the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control, which may occur before the withdrawal deadline;
c. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy their individual needs;
d. in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
e. in which the subject of the service is an item delivered in a sealed package, which, after opening the packaging, cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
f. in which the subject of the service are items that, after delivery, due to their nature, become inseparably connected with other items;
g. in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days, and the value of which depends on fluctuations in the market beyond the Seller’s control;
h. in which the Consumer explicitly requested the Seller to come to them for urgent repair or maintenance; if the Seller additionally provides other services than those requested by the Consumer or delivers items other than replacement parts necessary for the repair or maintenance, the right to withdraw from the contract applies to those additional services or items;
i. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging was opened after delivery;
j. for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts;
k. concluded through a public auction;
l. for the provision of accommodation services, other than for residential purposes, the transport of goods, car rental, catering, or services related to leisure, entertainment, sports, or cultural events, if the contract specifies the day or period of service performance;
m. for the supply of digital content not supplied on a tangible medium, if the performance has begun with the Consumer’s express consent before the withdrawal deadline and after being informed by the Seller about the loss of the right to withdraw from the contract.

§ 11
Complaints and Warranty

The Sales Agreement covers new Products.
The Seller is obliged to deliver a product free from defects to the Customer.
In the event of a defect in a product purchased from the Seller, the Customer has the right to lodge a complaint based on the provisions concerning warranty (statutory liability for defects) in the Civil Code.
A complaint should be submitted in writing or electronically to the Seller’s contact details provided in these Terms and Conditions.
It is recommended that the complaint include, in particular, a brief description of the defect, the circumstances (including the date) of its occurrence, the Customer’s contact details, and the Customer’s request related to the defect of the product.
The Seller shall respond to the Customer’s complaint request promptly, but no later than within 14 days. If the Seller fails to do so within this period, it is assumed that the Customer’s request is considered justified.
If a Product is covered by a warranty, information about the warranty and its terms will be included in the Product description on the Store’s website.

§ 12
Out-of-Court Complaint Handling and Claim Enforcement Methods

Detailed information regarding the Consumer’s ability to use out-of-court complaint handling and claim enforcement methods, as well as access to these procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, consumer protection organizations, Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection (UOKiK):
The Consumer has the following exemplary options for using out-of-court methods of complaint handling and claim enforcement:
a. The Consumer is entitled to apply to a permanent consumer arbitration court, referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Sales Agreement concluded with the Seller.
b. The Consumer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with Article 36 of the above-mentioned Act, with a request to initiate mediation proceedings for an amicable settlement of a dispute between the Consumer and the Seller.
c. The Consumer may also obtain free assistance to resolve a dispute with the Seller by using the support of a district (municipal) consumer ombudsman or a consumer protection organization, such as the Consumer Federation or the Polish Consumers Association.

§ 13
Personal Data in the Online Store

The administrator of the Customers’ personal data collected via the Online Store is the Seller.
The personal data of Customers collected by the administrator via the Online Store are collected for the purpose of executing the Sales Agreement, and if the Customer gives consent, also for marketing purposes.
The recipients of the Customers’ personal data may include:
a. In the case of a Customer who uses postal or courier delivery, the Administrator may disclose the collected personal data to the selected carrier or intermediary performing the shipment on behalf of the Administrator.
b. In the case of a Customer who uses electronic or card payments, the Administrator may disclose the collected personal data to the selected entity handling such payments in the Online Store.
The Customer has the right to access and correct their personal data.
Providing personal data is voluntary; however, failure to provide the personal data indicated in the Terms and Conditions as necessary to conclude the Sales Agreement will result in the inability to conclude that agreement.

§ 14
FINAL PROVISIONS

Agreements concluded through the Online Store are concluded in the Polish language.
Amendment of the Terms and Conditions:
1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, such as changes in the law, changes in payment and delivery methods, or changes in the scope, form, or nature of the Electronic Services provided.
2. In the case of conclusion of continuous contracts based on these Terms and Conditions (e.g., provision of an Account service), the amended Terms and Conditions are binding on the Service Recipient if the requirements set forth in Articles 384 and 384¹ of the Civil Code are met—that is, the Service Recipient has been properly notified of the changes and has not terminated the contract within 14 calendar days of the date of such notification.
3. In the case of conclusion of contracts other than continuous contracts based on these Terms and Conditions, the amendments to the Terms and Conditions shall not in any way affect the rights acquired by Service Recipients/Customers who are Consumers prior to the effective date of the amendments, in particular the amendments to the Terms and Conditions shall not apply to Orders already placed or submitted and to Sales Agreements concluded, in progress, or executed.
In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular:
- the Civil Code;
- the Act on the Provision of Electronic Services of July 18, 2002;
- the Consumer Rights Act of May 30, 2014;
- and other relevant provisions of generally applicable law.
These Terms and Conditions shall not exclude provisions in force in the country of habitual residence of the Consumer entering into a contract with the Service Provider/Seller, which cannot be excluded by contract. In such cases, the Service Provider/Seller guarantees the Consumer the protection granted by provisions which cannot be excluded by contract.