RK-TRONIK ONLINE STORE TERMS AND CONDITIONS

ONLINE STORE TERMS AND CONDITIONS

  1. These Terms and Conditions set forth the general terms, rules, and procedures governing sales conducted by Konrad Ratajczyk, operating under the business name RK-TRONIK KONRAD RATAJCZYK, with its registered office in Czermin, through the online store rk-tronik.pl (hereinafter referred to as the “Online Store”) and sets forth the terms and conditions under which Konrad Ratajczyk, operating under the business name RK-TRONIK KONRAD RATAJCZYK with its registered office in Czermin, provides free services electronically.

§ 1 Definitions

  1. Business Days—means the days of the week from Monday through Friday, excluding statutory holidays.

  2. Delivery—means the actual act of the Seller delivering to the Customer, through a Carrier, the Goods specified in the order.

  3. Carrier—means the entity with which the Seller cooperates to deliver the Goods:

  a) a courier company;

  b) InPost Sp. z o.o., with its registered office in Kraków, providing delivery services and operating the parcel locker system (Paczkomat).

  4. Password—means a sequence of letters, numbers, or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer’s Account in the Online Store.

  5. Customer—means an entity to whom, in accordance with these Terms and Conditions and applicable law, services may be provided electronically or with whom a Sales Agreement may be concluded.

  6. Consumer—means a natural person who enters into a legal transaction with a business entity that is not directly related to their business or professional activity.

  7. Customer Account—means a panel unique to each Customer, activated on their behalf by the Seller after the Customer completes Registration and enters into the agreement for the provision of the “Customer Account Management” service.

  8. Business — means a natural person, a legal entity, or an organizational unit that is not a legal entity but is granted legal capacity by law, conducting business or professional activities in its own name and performing a legal transaction directly related to its business or professional activities.

  9. Entrepreneur with Consumer Rights—means a natural person entering into a Sales Agreement directly related to their business activity, where the content of the Sales Agreement indicates that such activity is not of a professional nature for that Entrepreneur, as evidenced, in particular, by the nature of their business activities, as disclosed pursuant to the provisions governing the Central Register and Information on Business Activities.

  10. Terms and Conditions—means these Terms and Conditions.

  11. Registration—means the actual action performed in the manner specified in the Terms and Conditions, required for the Customer to use all features of the Online Store.

  12. Brick-and-Mortar Store—means the location designated for serving Customers, located at: .

  13. Seller—means Konrad Ratajczyk, conducting business under the name RK-TRONIK KONRAD RATAJCZYK, with its registered office in Czermin (39-304), Czermin 163/2a, Tax ID (NIP): 8291723456, National Business Registry Number (REGON): 381572592, registered in the Central Register and Information on Business Activity maintained by the Minister of Development and Technology; e-mail: biuro@rk-tronik.pl, which is also the owner of the Online Store.

  BDO Number - 000532450.

  14. Store Website—means the websites under which the Seller operates the Online Store, operating under the domain rk-tronik.pl.

  15. Goods—means a product presented by the Seller via the Store’s Website, which may be the subject of a Sales Agreement.

  16. Durability—the ability of the Goods to retain their functions and properties during normal use.

  17. Durable Medium—means a material or tool that enables the Customer or the Seller to store information addressed personally to them, in a manner that allows future access to the information for a period of time appropriate to the purposes for which the information is intended, and which allows the stored information to be reproduced in an unaltered form.

  18. Sales Agreement—means a distance sales agreement concluded in accordance with the terms set forth in the Terms and Conditions between the Customer and the Seller.

§ 2 General Provisions and Use of the Online Store

  1. All rights to the Online Store, including economic copyrights, intellectual property rights to its name, its internet domain, the Store’s Website, as well as to the designs, forms, and logos posted on the Store’s Website (with the exception of logos and photos displayed on the Store’s Website for the purpose of presenting goods, the copyrights to which belong to third parties) belong to the Seller, and their use is permitted only in the manner specified and in accordance with the Terms and Conditions, and with the Seller’s written consent.

  2. The Seller will make every effort to ensure that the Online Store is accessible to Internet users using all popular web browsers, operating systems, device types, and Internet connection types. The minimum technical requirements for using the Store’s Website are a web browser version of at least Microsoft Edge 109, Internet Explorer 11, Chrome 110, Firefox 109, Opera 95, or Safari 11 or newer, with JavaScript enabled, that accepts cookies, and an Internet connection with a bandwidth of at least 256 kbit/s. The Store’s Website is optimized for a minimum screen resolution of 1024x768 pixels.

  3. The Seller uses cookies, which are stored by the Seller’s server on the Customer’s device’s hard drive while the Customer is using the Store’s Website. The use of cookies is intended to ensure the proper functioning of the Store’s Website on Customers’ end devices. This mechanism does not damage the Customer’s end device and does not cause any configuration changes to the Customers’ end devices or to the software installed on those devices. Each Customer may disable cookies in the web browser on their end device. The Seller notes, however, that disabling cookies may cause difficulties or prevent the use of the Store’s Website.

  4. In order to place an order in the Online Store via the Store’s Website or via email, and to use the services available on the Store’s Websites, the Customer must have an active email account.

  5. To place an order in the Online Store by phone, the Customer must have an active phone number and an active email account.

  6. The Customer is prohibited from providing unlawful content and from using the Online Store, the Store’s Website, or the free services provided by the Seller in a manner that is unlawful, contrary to public decency, or infringes upon the personal rights of third parties.

  7. The Seller declares that the public nature of the Internet and the use of electronically provided services may involve the risk of unauthorized persons obtaining and modifying Customer data; therefore, Customers should employ appropriate technical measures to minimize the risks indicated above. In particular, they should use antivirus software and programs that protect the identity of Internet users. The Seller will never ask a Customer to disclose their Password in any form.

  8. It is not permitted to use the resources and functions of the Online Store for the Customer to engage in activities that would harm the Seller’s interests, such as advertising another business or product; activities involving the posting of content unrelated to the Seller’s business; or activities involving the posting of false or misleading content.

§ 3 Registration

  1. In order to create a Customer Account, the Customer is required to complete a free registration.

  2. Registration is not required to place an order in the Online Store.

  3. To register, the Customer must complete the registration form provided by the Seller on the Store’s Website and submit the completed registration form electronically to the Seller by selecting the appropriate option on the registration form. During registration, the Customer sets an individual password.

  4. While filling out the registration form, the Customer has the opportunity to review the Terms and Conditions and accept their content by checking the appropriate box on the form.

  5. During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by checking the appropriate box on the registration form. In such a case, the Seller explicitly informs the Customer of the purpose of collecting their personal data, as well as of the recipients of such data known to the Seller or anticipated by the Seller.

  6. The Customer’s consent to the processing of their personal data for marketing purposes does not constitute a prerequisite for entering into a contract with the Seller for the electronic provision of the “Customer Account Management” service. Consent may be withdrawn at any time by submitting an appropriate statement from the Customer to the Seller. The statement may, for example, be sent to the Seller’s address via email.

  7. After submitting the completed registration form, the Customer immediately receives, via email to the address provided in the registration form, confirmation of registration from the Seller. At that moment, a contract for the electronic provision of the “Customer Account Management” service is concluded, and the Customer gains access to the Customer Account and the ability to modify the data provided during Registration.

§ 4 Orders

  1. The information contained on the Store’s Website does not constitute an offer by the Seller within the meaning of the Civil Code, but merely an invitation to Customers to submit offers to enter into a Sales Agreement.

  2. The Customer may place orders in the Online Store via the Store’s Website or by email 7 days a week, 24 hours a day.

  3. Customers may place orders in the Online Store by phone during the hours and on the days specified on the Store’s Website.

  4. A Customer placing an order via the Store’s Website completes the order by selecting the Product in which they are interested. To add a Product to the order, the Customer clicks the “ADD TO CART” button next to the Product displayed on the Store’s Website. After completing the entire order and specifying the delivery method and payment method in the “SHOPPING CART,” the Customer places the order by submitting the order form to the Seller, selecting the “Order with Obligation to Pay” button on the Store’s Website. Each time before an order is submitted to the Seller, the Customer is informed of the total price for the selected Product and Delivery, as well as of all additional costs the Customer is required to pay in connection with the Sales Agreement.

  5. A Customer placing an order by phone uses the phone number provided by the Seller on the Store’s Website. During the phone call, the Customer provides the Seller with the name of the Product from among those listed on the Store’s Website, the quantity of the Product they wish to order, and specifies the delivery method, delivery address, and payment method, as well as, at their discretion, provide either their email address or mailing address so that the Seller may confirm the terms of the proposed contract and confirm the order—in the event that a Sales Agreement is concluded between the Customer and the Seller. Each time during a telephone conversation, the Seller informs the Customer of the total price of the selected Goods and the total cost of the selected delivery method, as well as of all additional costs that the Customer would be required to bear should a Sales Agreement be concluded.

  6. The Seller shall confirm to the Customer the content of the proposed Sales Agreement, recorded—at the Customer’s discretion—either on paper or via email; such confirmation shall take place prior to the conclusion of the Sales Agreement.

  7. The Customer’s declaration regarding the conclusion of the Sales Agreement, submitted by the Customer after receiving the confirmation from the Seller referred to above in §4(6), is recorded on paper or another durable medium.

  8. After the Sales Agreement is concluded by telephone, the Seller shall send, via a Durable Medium, to the email or mailing address provided by the Customer, information containing confirmation of the terms of the Sales Agreement. The confirmation shall include, in particular: a description of the Goods covered by the Sales Agreement, their price, the cost of Delivery, and information regarding any other costs the Customer is required to bear in connection with the Sales Agreement.

  9. A Customer placing an order via email shall send it to the email address provided by the Seller on the Store’s Website. In the message sent to the Seller, the Customer shall specify, in particular: the name of the Product, its color, and quantity, selected from among the Products presented on the Store’s Website, as well as the Customer’s contact information.

  10. Upon receiving the email from the Customer referred to in §4(9), the Seller shall send a reply to the Customer via email, providing its registration details, the price of the selected Goods, the available payment methods, the delivery method and its cost, as well as information about any additional payments the Customer would be required to make under the Sales Agreement. The message also informs the Customer that entering into the Sales Agreement via email entails an obligation to pay for the ordered Goods. Based on the information provided by the Seller, the Customer may place an order by sending an email to the Seller, specifying the selected payment method and delivery method.

  11. Placing an order constitutes the Customer’s offer to the Seller to enter into a Sales Agreement for the Goods covered by the order.

  12. After an order is placed, the Seller sends an order confirmation to the email address provided by the Customer.

  13. Subsequently, after confirming the order, the Seller sends a notification to the email address provided by the Customer stating that the order has been accepted for processing. The notification that the order has been accepted for fulfillment constitutes the Seller’s acceptance of the offer referred to in §4(11) above, and the Sales Agreement is concluded upon the Customer’s receipt of such notification.

  14. After the Sales Agreement is concluded, the Seller confirms its terms and conditions to the Customer by sending them on a durable medium to the Customer’s email address or in writing to the address provided by the Customer during Registration or when placing the order.

  15. When making payments for purchased Goods listed in Annex No. 15 to the Act of March 11, 2004, on the Tax on Goods and Services (i.e., Journal of Laws 2018, item 2174, as amended), which payments are documented by an invoice in which the total amount due exceeds 15,000 PLN gross or the equivalent of that amount — taxpayers are required to apply the split payment mechanism in accordance with applicable regulations, provided that it applies to the Customer placing the order.

  The invoice issued by the Seller, as referred to above, must include the words: “split payment mechanism.” The parties to such a transaction are required to maintain a settlement account as referred to in Article 49(1)(1) of the Act of August 29, 1997 - Banking Law, or a personal account at a credit union opened in connection with business operations, maintained in Polish currency.

§ 5 Payments

  1. The prices listed on the Store’s Website next to a given Product are gross prices and do not include information regarding Delivery costs or any other costs that the Customer will be required to bear in connection with the Sales Agreement, about which the Customer will be informed when selecting the delivery method and placing the order.

  2. The Customer may choose the following payment methods for the ordered Products:

  a) bank transfer to the Seller’s bank account (in this case, order fulfillment will begin after the Seller sends the Customer an order confirmation and after the funds are credited to the Seller’s bank account);

  b) bank transfer to the Seller’s bank account with the option of in-person pickup at the Seller’s office (in this case, order fulfillment will begin immediately after the Seller sends the Customer an order confirmation, and the Goods will be released at the Seller’s office after the funds are credited to the Seller’s bank account);

  c) payment card, bank transfer, or BLIK via the external InPost Pay payment system, operated by Inpost sp. z o.o., with its registered office in Kraków (in this case, order fulfillment will begin after the Seller sends the Customer an order confirmation and after the funds are credited to the Seller’s bank account following receipt of confirmation from the InPost Pay system that the payment has been successfully processed);

  d) credit/debit card, BLIK, or bank transfer via the external PayNow payment system, operated by mBank S.A., headquartered in Warsaw (in this case, order fulfillment will begin after the Seller sends the Customer an order confirmation and after the Seller receives notification from the PayNow system that the Customer has completed the payment);

  e) payment card or bank transfer via the external PayPal payment system, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A., with its registered office in Luxembourg (in this case, order fulfillment will begin after the Seller sends the Customer an order confirmation and after the Seller receives notification from the PayPal system that the Customer has made the payment);

  f) bank transfer to the Seller’s bank account, with a deferred payment date. After selecting the PayPo payment method operated by PayPo Sp. z o.o., headquartered in Warsaw, the Customer is redirected to the PayPo transaction platform, and use of this payment method requires prior successful verification of the Customer’s data by the PayPo payment provider under the terms set forth in the payment terms and conditions provided by PayPo. Order fulfillment and shipping will begin after the Seller sends the Customer a confirmation of order acceptance;

  g) cash on delivery, payment to the Supplier upon delivery (in this case, order fulfillment will begin after the Seller sends the Customer an order confirmation);

  h) cash upon personal pickup—payment at the Seller’s office (in this case, order fulfillment will begin immediately after the Seller sends the Customer an order confirmation, and the Goods will be released at the Seller’s office).

  3. The Customer must pay for the order in the amount specified in the Sales Agreement within 7 business days if the Customer has chosen the prepayment option.

  4. If the Customer fails to make payment by the deadline specified in §5(3) of the Terms and Conditions, the Seller shall grant the Customer an additional period to make payment and shall notify the Customer of this on a durable medium. The notice regarding the additional deadline for payment shall also state that, upon the fruitless expiration of this deadline, the Seller will withdraw from the Sales Agreement. If the second deadline for payment expires without result, the Seller shall send the Customer, on a Durable Medium, a notice of withdrawal from the contract pursuant to Article 491 of the Civil Code.

§ 6 Delivery

  1. The Seller delivers within the territory of the European Union.

  2. The Seller is obligated to deliver Goods in accordance with the Sales Agreement.

  3. The Seller posts information on the Store’s Website regarding the number of business days required for delivery and order fulfillment.

  4. The delivery and order fulfillment period is up to 7 business days.

  5. The ordered Goods are delivered to the Customer via a Carrier to the address specified in the order form.

If InPost Sp. z o.o., with its registered office in Kraków, is selected as the Carrier, the delivery address will be the address provided by the Customer at the time of placing the order, including a package locker address or any other specified delivery address.

  6. On the day the Goods are shipped to the Customer (unless the option to pick up the Goods in person was selected), the Seller will send a confirmation of shipment to the Customer’s email address.

  7. The Customer is obligated to inspect the delivered package in a timely manner and in the manner customary for shipments of this type. If any missing items or damage to the package are found, the Customer has the right to request that a Supplier employee draw up an appropriate report.

  8. The Customer may pick up the ordered Goods in person. Pickup may be arranged at the Seller’s office on Business Days, during the business hours indicated on the Store’s Website, after prior arrangement with the Seller regarding the pickup date via email or by phone.

  9. At the Customer’s request, the Seller will include a receipt or a VAT invoice covering the delivered Goods with the shipment.

  In order to receive a VAT invoice, the Customer must declare at the time of purchase that they are purchasing the Goods as a business (taxpayer). This declaration is made by checking the appropriate box on the order form before submitting the order to the Seller.

  10. If the Customer is not present at the address they provided when placing the order as the delivery address, a Supplier representative will leave a delivery notice or attempt to contact the Customer by phone to arrange a time when the Customer will be present. If the Supplier returns the ordered Goods to the Online Store, the Seller will contact the Customer via email or by phone to reschedule the delivery date and confirm the delivery cost with the Customer.

  11. The default form of invoicing is structured invoices (“structured invoices”) issued and made available using the National e-Invoice System (“National e-Invoice System”) as defined in the Act of March 11, 2004, on the Tax on Goods and Services.

§ 7 Warranty for Business Customers

  1. The Seller guarantees the delivery of Goods free from defects. The Seller is liable to the Business Customer if the Goods are defective.

  2. If the Goods are defective, the Business may:

  a) submit a request for a price reduction or to rescind the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Business Entity replaces the defective Goods with non-defective ones or remedies the defect.

  This limitation does not apply if the Goods have already been replaced or repaired by the Seller, or if the Seller has failed to fulfill the obligation to replace the Goods with non-defective ones or to remedy the defect. The Business may, instead of the remedy proposed by the Seller, demand that the Goods be replaced with non-defective ones, or, instead of replacing the Goods, demand that the defect be remedied, unless bringing the Goods into conformity with the contract in the manner chosen by the Business Customer is impossible or would entail excessive costs compared to the method proposed by the Seller. In assessing whether the costs are excessive, the value of the defect-free Goods, the nature and significance of the identified defect are taken into account, as well as the inconvenience to which the Entrepreneur would be exposed by another method of remedy.

  The Business Customer may not rescind the Sales Agreement if the defect is minor.

  b) demand that the defective Goods be replaced with non-defective ones or that the defect be remedied. The Seller is obligated to replace the defective Goods with non-defective ones or to remedy the defect within a reasonable time without causing undue inconvenience to the Business.

  The Seller may refuse to comply with the Entrepreneur’s request, if bringing the defective Goods into conformity with the Sales Agreement in the manner chosen by the Business is impossible or, compared to another possible method of bringing them into conformity with the Sales Agreement, would entail excessive costs. The costs of repair or replacement shall be borne by the Seller.

  3. An Entrepreneur exercising rights under the warranty is required to deliver the defective item to the Seller’s address. The Seller shall cover the cost of delivery.

  4. The Seller is liable under the warranty if a physical defect is discovered within two years of the delivery of the Goods to the Business. A claim for the removal of a defect or the replacement of the Goods with defect-free ones expires one year after the claim is made; however, this period may not end before the expiration of the period specified in the first sentence. Within this period, the Business may withdraw from the Sales Agreement or submit a request for a price reduction due to a defect in the Goods. If the Business has requested replacement of the Goods with defect-free ones or rectification of the defect, the period for withdrawing from the Sales Agreement or submitting a request for a price reduction begins upon the fruitless expiration of the deadline for replacing the Goods or remedying the defect

  5. The Business may submit any complaints regarding the Goods or the performance of the Sales Agreement in writing to the Seller’s address

  6. Within 14 days of receiving the request containing the complaint, the Seller shall respond to the complaint regarding the Goods or the complaint related to the performance of the Sales Agreement submitted by the Business Customer.

  7. The Customer may file a complaint with the Seller regarding the use of free services provided electronically by the Seller. The complaint may be submitted electronically and sent to biuro@rk-tronik.pl. In the complaint submission, the Business Owner must include a description of the problem. The Seller shall review the complaint promptly, but no later than within 14 days, and provide the Business Owner with a response.

§ 8 Nonconformity of Goods with the Contract

Complaints by Consumers and Business Entities with Consumer Rights

  1. Goods are in conformity with the contract if, in particular, the following aspects comply with the contract:

  a) description, type, quantity, quality, completeness, and functionality; and, with respect to goods containing digital elements, also compatibility, interoperability, and the availability of updates;

  b) fitness for the specific purpose for which they are needed by the Consumer or a Business with Consumer Rights, which the Consumer or Business with Consumer Rights notified the Seller of no later than the time of conclusion of the contract and which the Seller accepted.

  2. Furthermore, in order for the Goods to be considered in conformity with the contract, they must:

  a) be suitable for the purposes for which Goods of this type are typically used, taking into account applicable laws, technical standards, or best practices;

  b) be of such quantity and possess such characteristics—including durability and safety, and, with respect to Goods containing digital elements, – also functionality and compatibility, that are typical for Goods of this kind and which the Consumer or a Business with Consumer rights may reasonably expect, taking into account the nature of the Goods and any public representations made by the Seller, its legal predecessors or persons acting on their behalf, particularly in advertising or on the label, unless the Seller proves that:

  a. the Seller was unaware of the public representation in question and, judging reasonably, could not have been aware of it;

  b. prior to the conclusion of the contract, the public representation was corrected in accordance with the terms and form in which the public representation was made, or in a comparable manner;

  c. the public representation did not influence the decision of the Consumer or a Business with Consumer Rights to enter into the contract;

  c) be delivered with the packaging, accessories, and instructions that the Consumer or a Business with Consumer Rights may reasonably expect to receive;

  d) be of the same quality as the sample or model that the Seller made available to the Consumer or a Business with Consumer Rights prior to the conclusion of the contract, and correspond to the description of such sample or model.

  3. The Seller shall not be liable for the Goods’ lack of conformity with the contract to the extent referred to in §8(2) if the Consumer or a Business with Consumer Rights, no later than at the time of concluding the contract, was expressly informed that a specific characteristic of the Goods deviates from the requirements for conformity with the contract set forth in §8(2), and expressly and separately accepted the absence of that specific characteristic of the Goods.

  4. The Seller is liable for the Goods’ lack of conformity with the contract resulting from improper installation of the Goods if:

  a) it was performed by the Seller or under the Seller’s responsibility;

  b) the improper installation carried out by the Consumer or a Business with Consumer rights resulted from errors in the instructions provided by the business or a third party.

  5. The Seller is liable for any lack of conformity of the Goods with the contract that existed at the time of delivery and became apparent within two years from that time, unless the shelf life of the Goods, as specified by the Seller, its legal predecessors, or persons acting on their behalf, is longer. It is presumed that any lack of conformity of the Goods with the contract that became apparent within two years of delivery existed at the time of delivery, unless proven otherwise or unless this presumption is incompatible with the specific nature of the Goods or the nature of the lack of conformity of the Goods with the contract.

  6. The Seller may not invoke the expiration of the time limit for establishing the Goods’ lack of conformity with the contract specified in §8(5) if the Seller fraudulently concealed such lack of conformity.

  7. If the Goods do not conform to the contract, the Consumer or a Business with Consumer Rights may demand that they be repaired or replaced.

  8. The Seller may replace the Goods when the Consumer or a Business with Consumer Rights requests repair, or the Seller may repair the Goods when the Consumer or a Business with Consumer Rights requests replacement, if bringing the Goods into conformity with the contract in the manner chosen by the Consumer or a Business with consumer rights is impossible or would entail excessive costs for the Seller. If repair and replacement are impossible or would entail excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the contract.

  9. When assessing whether the costs to the Seller are excessive, all circumstances of the case shall be taken into account, in particular the significance of the Goods’ non-conformity with the contract, the value of the Goods in conformity with the contract, and the undue inconvenience to the Consumer or a Business with Consumer Rights resulting from a change in the method of bringing the Goods into conformity with the contract.

  10. The Seller shall repair or replace the Goods within a reasonable time from the moment the Seller is notified by the Consumer or a Business with Consumer Rights of the lack of conformity with the contract, and without causing undue inconvenience to the Consumer or a Business with Consumer Rights, taking into account the nature of the Goods and the purpose for which the Consumer or Business with Consumer Rights purchased them. The costs of repair or replacement, including, in particular, the costs of postage, shipping, labor, and materials, shall be borne by the Seller.

  11. The Consumer or a Business with Consumer Rights shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Consumer or the Business with Consumer Rights at its own expense.

  12. If the Goods were installed before the lack of conformity with the contract became apparent, the Seller shall remove the Goods and reinstall them after repair or replacement, or shall arrange for these actions to be performed at its own expense.

  13. A Consumer or a Business with Consumer Rights is not obligated to pay for the normal use of Goods that were subsequently replaced.

  14. If the Goods do not conform to the contract, the Consumer or a Business with Consumer Rights may request a price reduction or withdraw from the contract if:

  a) The Seller has refused to bring the Goods into conformity with the contract in accordance with §8(8) above;

  b) the Seller has failed to bring the Goods into conformity with the contract in accordance with §8(10) through §8(12) above;

  c) the Goods remain non-conforming to the contract, even though the Seller has attempted to bring the Goods into conformity with the contract;

  d) the lack of conformity of the Goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first resorting to the remedies specified in §8(7) through §8(12) above;

  e) it is clear from the Seller’s statement or the circumstances that the Seller will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer or a Business with Consumer rights.

  15. The Seller is required to respond to a consumer’s complaint within 14 days of receiving it.

  16. The Seller shall refund to the Consumer or a Business with Consumer Rights the amounts due as a result of exercising the right to a price reduction immediately, no later than 14 days from the date of receipt of the Consumer’s or Business with Consumer Rights’ statement regarding the price reduction.

  17. A Consumer or a Business with Consumer Rights may not withdraw from the contract if the lack of conformity of the Goods with the contract is insignificant. It is presumed that the lack of conformity of the Goods with the contract is significant.

  18. If the lack of conformity with the contract concerns only certain Goods delivered under the contract, the Consumer or a Business with Consumer Rights may withdraw from the contract only with respect to those Goods, as well as with respect to other Goods purchased by the Consumer or a Business with Consumer Rights together with the Goods that do not conform to the contract, if it cannot reasonably be expected that the Consumer or a Business with Consumer Rights would agree to retain only the Goods that conform to the contract.

  19. In the event of withdrawal from the contract, the Consumer or a Business with Consumer Rights shall immediately return the Goods to the Seller at the Seller’s expense. The Seller shall refund the price to the Consumer or a Business with Consumer Rights without delay, no later than 14 days from the date of receipt of the Goods or proof of their return.

  20. The Seller shall refund the purchase price using the same payment method used by the Consumer or a Business with Consumer Rights, unless the Consumer or a Business with Consumer Rights has expressly agreed to a different method of refund that does not entail any costs for them.

  21. The Seller does not participate in the out-of-court dispute resolution referred to in the Act of September 23, 2016, on Out-of-Court Resolution of Consumer Disputes.

§ 9 Withdrawal from the Sales Agreement

  1. A Customer who is a Consumer or an Entrepreneur with Consumer Rights who has entered into a Sales Agreement may withdraw from it within 14 days without providing a reason.

  2. The period for withdrawing from the Sales Agreement begins when the Consumer, a Business with consumer rights, or a third party designated by them (other than the carrier) takes possession of the Goods.

  A Consumer and a Business with Consumer Rights may withdraw from the Sales Agreement by submitting a notice of withdrawal to the Seller. This notice may be submitted, for example, in writing to the Seller’s address, i.e.: RK-TRONIK KONRAD RATAJCZYK, Czermin 163/2a (39-304), Czermin, or via email to the Seller’s address, i.e., biuro@rk-tronik.pl. The notice may be submitted using the form provided by the Seller on the Store’s Website at: Withdrawal Form. To meet the deadline, it is sufficient to send the notice before the deadline expires.

  A Consumer and a Business with Consumer Rights may withdraw from the Sales Agreement by submitting a notice of withdrawal to the Seller using the form available on the website at: Electronic Withdrawal Form. To meet the deadline, it is sufficient to send the notice before the deadline expires. The Seller shall immediately confirm to the Consumer and to a Business with Consumer Rights that it has received the form submitted via the website.

  3. A Consumer and a Business with Consumer Rights may withdraw from the Sales Agreement by using the button on the Store’s Website labeled: “Withdraw from the Agreement Here.” The Customer fills out the form available on the website, providing the necessary information, and confirms the withdrawal from the Sales Agreement by clicking the “Confirm Withdrawal from the Agreement” button. The Seller shall immediately confirm receipt of the notice to the email address provided by the Customer.

  4. In the event of withdrawal from the Sales Agreement, it is deemed never to have been concluded.

  5. If a Consumer or a Business with Consumer rights has submitted a notice of withdrawal from the Sales Agreement before the Seller accepted their offer, the offer is no longer binding.

  6. The Seller is obligated to immediately, no later than within 14 days from the date of receiving the Consumer’s notice, or from the Business with Consumer Rights, to refund all payments made by the Consumer or Business with Consumer Rights, including the cost of delivering the Goods to the Consumer or Business with Consumer Rights. The Seller may withhold the refund of payments received from the Consumer or a Business with Consumer Rights until the Goods are returned or until the Consumer or by the Business with Consumer Rights, proof that the Goods have been returned, whichever occurs first.

  7. If a Consumer or a Business with Consumer Rights exercising the right of withdrawal has chosen a method of delivery other than the cheapest standard delivery method offered by the Seller, the Seller is not obligated to reimburse the Consumer or the Business with Consumer Rights for any additional costs incurred by them.

  8. The Consumer or a Business with Consumer Rights is required to return the Goods to the Seller immediately, but no later than within 14 days from the date on which they withdrew from the Sales Agreement. To meet this deadline, it is sufficient to send the Goods back to the Seller’s address before the deadline expires.

  9. In the event of withdrawal, a Customer who is a Consumer or a Business with Consumer Rights bears only the direct costs of return.

  10. If, due to their nature, the Goods cannot be returned by regular mail, the Seller shall inform the Consumer and the Business with Consumer Rights of the costs of returning the Goods on the Store’s Website.

  11. A Consumer and a Business with Consumer Rights are liable for any reduction in the value of the Goods resulting from use of the Goods beyond what is necessary to ascertain the nature, characteristics, and functioning of the Goods.

  12. The Seller shall refund the payment using the same payment method used by the Consumer or the Business with Consumer Rights, unless the Consumer or the Business with Consumer Rights has expressly agreed to a different method of refund that does not entail any costs for them.

  13. The right to withdraw from the Sales Agreement does not apply to a Consumer or a Business with Consumer Rights in respect of a contract where the subject matter of the performance consists of items which, upon delivery, are, by their nature, inseparably combined with other items.

§ 10 Free Services

  1. The Seller provides the following free services to Customers via electronic means:

  a) Newsletter;

  b) Contact form;

  c) Maintenance of the Customer Account;

  d) Notify me when available;

  e) Posting reviews.

  2. The services listed in §10(1) above are provided 7 days a week, 24 hours a day.

  3. The Seller reserves the right to select and change the type, form, time, and method of providing access to the selected services listed above, and will notify Customers of such changes in the manner appropriate for amendments to the Terms and Conditions.

  4. Any Customer may subscribe to the Newsletter by entering their email address using the registration form provided by the Seller on the Store’s Website. After submitting the completed registration form, the Customer will immediately receive, via email to the address provided in the registration form, an activation link to confirm their subscription to the Newsletter. Upon the Customer’s activation of the link, a contract for the electronic provision of the Newsletter service is concluded.

  Additionally, during registration, the Customer may check the appropriate box on the registration form to subscribe to the Newsletter service.

  5. The Newsletter service consists of the Seller sending electronic messages to the Customer’s email address containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Customers who have subscribed.

  6. Each Newsletter sent to Customers contains, in particular: information about the sender, a completed “subject” field specifying the content of the message, and information about the option to unsubscribe from the free Newsletter service and how to do so.

  7. The Customer may opt out of receiving the Newsletter at any time by unsubscribing via the link included in every email sent as part of the Newsletter service or by unchecking the corresponding box in the Customer Account.

  8. The Contact Form service involves sending a message to the Seller using the form provided on the Store’s Website.

  9. You may opt out of the free Contact Form service at any time by ceasing to send inquiries to the Seller.

  10. The Customer Account Management service is available after Registration in accordance with the terms described in the Terms and Conditions and consists of providing the Customer with a dedicated dashboard on the Store’s Website, allowing the Customer to modify the information provided during Registration, as well as track the status of orders in progress and the history of orders that have already been fulfilled.

  11. A Customer who has registered may submit a request to the Seller to delete their Customer Account; however, if the Seller submits a request to delete the Customer Account, it may be deleted within 14 days of the request being submitted.

  12. The free “Notify Me When Available” service allows the Seller to enable the Customer to submit, via a form on the Store’s Website, a request for the Seller to send a one-time notification to the e-mailspecified by the Customer when the product indicated by the Customer becomes available in the Store.

  13. You may opt out of the free “Notify Me When Available” service at any time by simply ceasing to use the service available on the Store’s Website.

  14. The “Post a Review” service consists of the Seller enabling Customers with a Customer Account to publish on the Store’s Website individual and subjective statements regarding, in particular, the Goods.

  15. Opting out of the “Post Reviews” service is possible at any time and involves the Customer ceasing to post content on the Store’s Website.

  16. The Seller is entitled to block access to the Customer Account and free services if the Customer acts to the detriment of the Seller, i.e., engages in advertising activities for another business or product; engaging in activities involving the posting of content unrelated to the Seller’s business; engaging in activities involving the posting of false or misleading content; as well as in cases where the Customer acts to the detriment of other Customers; violation by the Customer of applicable laws or the provisions of these Terms and Conditions, as well as when blocking access to the Customer Account and free services is justified by security considerations—in particular: the Customer bypassing the security measures of the Store’s Website or engaging in other hacking activities. The suspension of access to the Customer’s Account and free services for the reasons listed above shall last for the period necessary to resolve the issue that served as the basis for suspending access to the Customer’s Account and free services. The Seller shall notify the Customer of the suspension of access to the Customer Account and free services via email to the address provided by the Customer in the registration form.

§ 11 Protection of Personal Data

  1. The rules governing the protection of Personal Data are set forth in the Privacy Policy.

§ 12 Product Packaging

  1. Products offered on the Store’s Website may be delivered in packaging whose type, properties, and labeling are tailored to the requirements applicable to the specific type of product and packaging.

  2. For products for which the law requires that information regarding the packaging be provided to the consumer—in particular, information regarding the material from which the packaging is made, its properties, or how to dispose of the packaging after use, this information is provided in the manner required by applicable laws, specifically as part of the information displayed with the product or through appropriate labeling or a data medium.

  3. Information regarding packaging provided on the Store’s Website refers to the packaging specific to a given product and is presented in a manner that is clear and understandable to the end user.

  4. The Seller takes measures to reduce the number and volume of packaging materials used in order fulfillment, while ensuring adequate protection of the product during transport.

  5. If applicable laws require the provision of specific information regarding packaging prior to the conclusion of a distance contract, such information is made available to the Customer before the order is placed.

§ 13 Termination of the Contract (does not apply to Sales Contracts)

  1. Both the Customer and the Seller may terminate a contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of rights acquired by the other party prior to the termination of the aforementioned contract and the provisions below.

  2. A Customer who has completed Registration terminates the contract for the provision of electronic services by sending the Seller an appropriate declaration of intent using any means of remote communication that allows the Seller to become aware of the Customer’s declaration of intent.

  3. The Seller terminates the contract for the provision of electronic services by sending the Customer an appropriate declaration of intent to the email address provided by the Customer during Registration.

§ 14 Final Provisions

  1. The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Business Entities, the Seller shall be liable only in the event of intentional causation of damage and within the limits of the actual losses incurred by the Customer who is a Business Entity.

  2. The content of these Terms and Conditions may be preserved by printing, saving to a storage medium, or downloading from the Store’s Website at any time.

  3. In the event of a dispute arising from a concluded Sales Agreement, the parties shall endeavor to resolve the matter amicably. Polish law shall govern the resolution of any disputes arising from these Terms and Conditions.

  4. The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for fulfillment prior to the effective date of the new Terms and Conditions shall be fulfilled in accordance with the Terms and Conditions in effect on the date the Customer placed the order. Amendments to the Terms and Conditions take effect 7 days after their publication on the Store’s Website. The Seller shall notify the Customer of any amendment to these Terms and Conditions 7 days prior to the new Terms and Conditions taking effect, via an email containing a link to the text of the amended Terms and Conditions. If the Customer does not accept the new Terms and Conditions, they are required to notify the Seller of this fact, which will result in the termination of the contract in accordance with the provisions of §13 of the Terms and Conditions.

  5. Contracts with the Seller are concluded in Polish.

  6. These Terms and Conditions take effect on September 6, 2026.