Terms & Conditions

TERMS AND CONDITIONS OF THE ONLINE STORE

www.retrobit.com.pl

Company Details:
Przedsiębiorstwo Handlowo Usługowe RETROBIT
Bogusław Hołowienko
59-140 Chocianów, ul. Sportowa 4a/5
NIP PL6780050412
tel. 601412505

§ 1
GENERAL PROVISIONS

1. The store www.retrobit.com.pl operates under the rules set out in these Terms and Conditions.
2. The Terms and Conditions specify the conditions for concluding and terminating Product Sales Agreements, the complaint procedure, as well as the types and scope of services provided electronically by the Store www.retrobit.com.pl, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of electronic services.
3. Every Service Recipient, upon taking actions aimed at using the Electronic Services of the Store www.retrobit.com.pl, is obliged to comply with the provisions of these Terms and Conditions.
4. In matters not regulated by these Terms and Conditions, the following provisions apply:
   1. The Act on the Provision of Electronic Services of July 18, 2002,
   2. The Consumer Rights Act of May 30, 2014,
   3. The Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016,
   4. The Civil Code Act of April 23, 1964, and other relevant provisions of Polish law.

§ 2
DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS

1. CUSTOMER – A Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
2. CONSUMER – A natural person who performs a legal transaction with an entrepreneur that is not directly related to their business or professional activity.
3. ENTREPRENEUR – A natural person, legal person, or organizational unit without legal personality, to which the law grants legal capacity, conducting business or professional activity in their own name.
4. PRODUCT – A movable item available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
5. TERMS AND CONDITIONS – These Terms and Conditions of the Store.
6. STORE – The Service Provider’s online store operating at www.retrobit.com.pl.
7. SELLER, SERVICE PROVIDER – Przedsiębiorstwo Handlowo Usługowe RETROBIT Bogusław Hołowienko.
8. SALES AGREEMENT – A Product Sales Agreement concluded between the Customer and the Seller via the Store.
9. ORDER – A declaration of intent by the Customer constituting an offer to conclude a Product Sales Agreement with the Seller.
10. PRICE – The value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.

§ 3
INFORMATION REGARDING PRODUCTS AND THEIR ORDERING

1. The Store www.retrobit.com.pl conducts the sale of Products via the Internet.
2. The Products offered in the Store are new, compliant with the agreement, and legally introduced to the Polish market.
3. The information provided on the Store’s website does not constitute an offer within the meaning of legal provisions. By placing an Order, the Customer submits an offer to purchase a specific Product under the conditions provided in its description.
4. The Product Price displayed on the Store’s website is given in Polish Zloty (PLN) and includes all components. The Price does not include delivery costs.
5. Orders can be placed through the website using the Order Form (Store www.retrobit.com.pl) – 24 hours a day, all year round.
6. The condition for placing an Order in the Store by the Customer is to read the Terms and Conditions and accept their provisions at the time of placing the Order.

§ 4
CONCLUSION OF THE SALES AGREEMENT

1. To conclude a Sales Agreement, it is necessary for the Customer to first place an Order using the method provided by the Seller, in accordance with § 3 points 5 and 6 of the Terms and Conditions.
2. After placing the Order, the Seller immediately confirms its receipt.
3. The confirmation of Order receipt, as referred to in point 2 of this paragraph, binds the Customer to their Order. Confirmation of Order receipt is sent via email.
4. The confirmation of Order receipt includes:
   1. Confirmation of all essential elements of the Order,
   2. A withdrawal form,
   3. These Terms and Conditions, including information on the right to withdraw from the agreement.
5. Upon receipt by the Customer of the email referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
6. Each Sales Agreement will be confirmed with a proof of purchase, which will be attached to the Product.

§ 5
PAYMENT METHODS

1. The Seller provides the following payment methods:
   1. Payment via the electronic payment system T-Pay.
2. In the case of payment via the electronic payment system, the Customer makes the payment before the Order is processed. The electronic payment system allows payment by credit card or quick transfer from selected Polish banks.
3. The Customer is obliged to make the payment under the Sales Agreement within 3 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.
4. The Product will be shipped only after it has been paid for.

§ 6
COST, TERM, AND METHODS OF PRODUCT DELIVERY

1. The delivery costs of the Product, which are borne by the Customer, are determined during the Order placement process.
2. The Product delivery time consists of the time for preparing the Product and the delivery time by the carrier:
   1. The preparation time for Products is up to 3 business days,
   2. The delivery of movable Products by the carrier takes place within the time declared by them, i.e., up to 2 business days from the moment of dispatch (delivery occurs only on business days, excluding Saturdays, Sundays, and holidays).
3. Products purchased in the Store are shipped only within Poland via Poczta Polska or a courier company.

§ 7
PRODUCT COMPLAINTS

1. Complaints regarding the Product’s non-compliance with the agreement.
   1. The basis and scope of the Seller’s liability towards a Customer who is a Consumer for the Product’s non-compliance with the agreement are specified in the Consumer Rights Act of May 30, 2014,
   2. The basis and scope of the Seller’s liability towards a Customer who is an Entrepreneur for warranty are specified in the Civil Code Act of April 23, 1964,
   3. The Seller is liable to a Customer who is a Consumer for the Product’s non-compliance with the agreement existing at the time of delivery and revealed within 2 years from that moment, unless the Product’s usability period specified by the Seller or persons acting on their behalf is longer,
   4. Notification of the Product’s non-compliance with the agreement and submission of the relevant request can be made via email to: retrobit@interia.eu,
   5. In the above email, provide as much information and details as possible regarding the subject of the complaint, in particular the type and date of the defect and contact details. This information will significantly facilitate and expedite the processing of the complaint by the Seller,
   6. To assess the defect and non-compliance of the Product with the agreement, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at their own expense,
   7. The Seller will respond to the Customer’s request promptly, no later than within 14 days from the date of the complaint submission,
   8. In the case of a complaint from a Customer who is a Consumer, failure to address the complaint within 14 days from its submission is equivalent to its acceptance,
   9. In connection with a justified complaint from a Customer who is a Consumer, the Seller will, as appropriate:
      1. Cover the costs of repair or replacement and redelivery of the Product to the Customer,
      2. Reduce the Product’s price (the reduced price must remain proportional to the price of a compliant Product compared to a non-compliant Product) and refund the Consumer the reduced price no later than within 14 days from receiving the Consumer’s price reduction statement,
      3. In case of withdrawal from the agreement by the Consumer – the Seller refunds the Product’s price no later than within 14 days from the date of receiving the returned item or proof of its dispatch. In case of withdrawal from the agreement, the Consumer is obliged to promptly return the item to the Seller at the Seller’s expense,
   10. The response to the complaint is provided on paper or another durable medium, e.g., an email or SMS.

§ 8
RIGHT TO WITHDRAW FROM THE AGREEMENT

1. Subject to point 10 of this paragraph, a Customer who is also a Consumer and has concluded a distance agreement may withdraw from it without giving reasons by submitting a relevant statement within 14 days.
2. In the event of withdrawal from the agreement, the Sales Agreement is considered not concluded, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller for collection promptly, but no later than 14 days from the date of withdrawal from the agreement, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product before its expiry.
3. In case of withdrawal from the Sales Agreement, the Product must be returned according to mutual arrangements: via courier, parcel locker, or Poczta Polska.
4. The Consumer is liable for any reduction in the Product’s value resulting from using it in a manner exceeding what is necessary to ascertain its nature, characteristics, and functioning, unless the Seller has not informed the Consumer or the entity referred to in § 10 about the method and deadline for exercising the right to withdraw from the agreement and has not provided them with a withdrawal form template. To ascertain the nature, characteristics, and functioning of the Products, the Consumer should handle and inspect them only in the same way they could in a physical store.
5. Subject to points 6 and 8 of this paragraph, the Seller will refund the Product’s value along with its delivery costs using the same payment method used by the Consumer, unless the Consumer expressly agrees to a different refund method that does not incur any costs for them. Subject to point 7 of this paragraph, the refund will be made promptly, no later than within 14 days from the moment the Seller receives the withdrawal statement from the Sales Agreement.
6. If the Consumer has chosen a Product delivery method other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred by the Consumer.
7. If the Seller has not offered to collect the Product from the Consumer, they may withhold the refund of payments received from the Consumer until the item is returned or proof of its dispatch is provided, whichever occurs first.
8. A Consumer withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, bears only the costs of returning the Product to the Seller.
9. The 14-day period during which the Consumer may withdraw from the agreement is counted, for an agreement under which the Seller delivers the Product and is obliged to transfer its ownership, from the day the Consumer (or a third party indicated by them, other than the carrier) takes possession of the Product.
10. The right to withdraw from a distance agreement does not apply to the Consumer in cases including, among others, a Sales Agreement where the subject of the service is a non-prefabricated item, produced according to the Consumer’s specifications or serving their individualized needs.
11. The right to withdraw from the Sales Agreement applies to both the Seller and the Customer in case of failure by the other party to fulfill their obligation within a strictly specified period.

§ 9
TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider enables the use of the Electronic Service through the Store, which is the conclusion of Product Sales Agreements.
2. The provision of the Electronic Service to Service Recipients in the Store is carried out under the conditions specified in the Terms and Conditions.
3. The Service Provider has the right to place advertising content on the Store’s website. This content is an integral part of the Store and the materials presented therein.

§ 10
CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

1. The provision of the Electronic Service specified in § 9 point 1 of the Terms and Conditions by the Service Provider is free of charge.
2. The agreement for the provision of the Electronic Service, which consists of enabling the placement of an Order in the Store, is concluded for a definite period and is terminated upon placing the Order or ceasing to place it by the Service Recipient.
3. Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
   1. A computer (or mobile device) with Internet access,
   2. Access to email,
   3. Web browser,
   4. Enabling Cookies and Javascript in the web browser.
4. The Service Recipient is obliged to use the Store in a manner consistent with the law and good practices, with respect for the personal rights and intellectual property rights of third parties.
5. The Service Recipient is obliged to provide accurate data.
6. The Service Recipient is prohibited from providing unlawful content.

§ 11
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

1. Complaints related to the provision of the Electronic Service through the Store can be submitted by the Service Recipient via email to: retrobit@interia.eu.
2. In the above email, provide as much information and details as possible regarding the subject of the complaint, in particular the type and date of the defect and contact details. This information will significantly facilitate and expedite the processing of the complaint by the Service Provider.
3. The Service Provider will address the complaint promptly, no later than within 14 days from the date of its submission.
4. The Service Provider’s response to the complaint is sent to the Service Recipient’s email address provided in the complaint submission or in another manner indicated by the Service Recipient.

§ 12
FINAL PROVISIONS

1. Agreements concluded through the Store are governed by Polish law.
2. In the event of any part of the Terms and Conditions being inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the contested provision.
3. Any disputes arising from Sales Agreements between the Store and Consumers will first be resolved through negotiations with the intention of amicable settlement, taking into account the Act on Out-of-Court Resolution of Consumer Disputes. However, if this is not possible or is unsatisfactory for any party, disputes will be resolved by the competent common court, in accordance with point 4 of this paragraph.
4. Any disputes arising between the Service Provider and a Service Recipient (Customer) who is also a Consumer shall be subject to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964.
5. A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting a request for mediation or a request for consideration of the case by an arbitration court after the complaint procedure has been completed (the request form can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Voivodeship Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use the free assistance of a county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court pursuit of claims after the complaint procedure is free of charge.
6. The Consumer, in order to amicably resolve a dispute, may in particular submit a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.