Terms and conditions
The regulations of the Prografen online shop contain the most essential information about the seller, the shop and consumer rights and define the rules of concluding sales agreements via the online shop.
Whenever the following terms are used in the Regulations and other statements made in connection with the conclusion of a Sales Agreement, they shall be understood as follows:
- WORKING DAY – each day of the week from Monday to Friday, except public holidays in Poland;
- REGISTRATION FORM – Electronic Service (i.e., an interactive form available in the Online Shop that allows the Customer to create an account);
- ORDER FORM – Electronic Service (i.e., an interactive form available in the Online Shop that enables the Customer to place an order, in particular by adding products to a cart and specifying the terms and conditions of a Sales Agreement, including the method of delivery and payment);
- CUSTOMER – a natural person with total legal capacity, a legal entity or an organisational unit without legal personality to which the law grants legal capacity, which has concluded or intends to conclude a Sales Agreement with the Seller;
- CIVIL CODE [hereinafter referred to as ‘C.C.’] – the Act of 23 April 1964 – Civil Code (J./L. of 1964 No. 16 Item 93, as amended);
- CONSUMER – a natural person with full legal capacity, concluding an agreement with the Seller, which does not relate directly to their business or professional activity; the Consumer is also the Customer;
- ACCOUNT – Electronic Service (i.e., a set of resources marked with an individual name [login] and password given by the Customer in the Seller’s IT system) where the Customer’s data is collected, including information about placed orders, issued and paid invoices, and – if the Customer has given their consent – the history of correspondence informing the Customer about products, services, promotions, events, contests and news available in the Online Shop. The Customer logs into an account using the provided e-mail address or username and a password defined by them. The creation of an account in the Online Shop is entirely voluntary. Setting up an account leads to the conclusion of an agreement between the Customer and the Seller for maintaining the account. This agreement is concluded for an indefinite period, and the Customer may terminate this agreement with immediate effect at any time by closing the account. The account can be closed by sending the appropriate request to the Seller via e-mail to the address specified in § 3(1) of the Regulations;
- PRODUCT – a movable item available in the Online Shop that is the subject of a Sales Agreement between the Customer and the Seller;
- REGULATIONS – the Regulations of the Online Shop;
- ONLINE SHOP – the Seller’s Online Shop is available on the following website: https://www.prografen.com/sklep;
- SELLER – Advanced Graphene Products Spółka Akcyjna (joint stock company) with its registered office in Zielona Góra (66-002), Nowy Kisielin, ul. Antoniego Wysockiego 4, entered in the Register of Entrepreneurs kept by the District Court in Zielona Góra, VIII Commercial Department of the National Court Register, under the KRS number (Polish Company Register): 0000878626, NIP (VAT no.): 9291847897, REGON (National Business Registry Number): 081062890;
- SALES AGREEMENT – the contract of sale of the product concluded or entered into between the Customer and the Seller via the Online Shop;
- ELECTRONIC SERVICE – service provided electronically by the Seller to the Customer through the Online Shop;
- 14. ORDER – the Customer’s declaration of will placed via the Order Form and aimed directly at concluding a Sales Agreement.
- The Online Shop of Advanced Graphene Products, available at https://www.prografen.com/sklep, is run by Advanced Graphene Products Spółka Akcyjna (joint stock company), with the registered office in Zielona Góra (66-002), Nowy Kisielin – ul. Antoniego Wysockiego 4, entered in the Register of Entrepreneurs kept by the District Court in Zielona Góra, VIII Commercial Department of the National Court Register, under the KRS number (Polish Company Register): 0000878626, NIP (VAT no.): 9291847897, REGON (National Business Registry Number): 081062890.
- The Seller conducts sales via the internet pursuant to the Regulations.
- The Regulations are addressed to entrepreneurs, institutions, individual customers and Consumers.
- The Regulations are an integral part of the Sales Agreement concluded by the Customer and the Seller. The Sales Agreement can be concluded only after acceptance of the Regulations by the Customer.
CONTACT DATA OF THE SELLER
- E-mail address: firstname.lastname@example.org
- E-mail address for matters relating to payments: email@example.com
- Phone number: +48 68 328 20 12
- Address for correspondence: ul. Antoniego Wysockiego 4, 66-002 Nowy Kisielin, Zielona Góra
- Bank account number: 23 1090 1593 0000 0001 1949 1386
- The Customer may communicate with the Seller using the addresses and telephone numbers given herein.
- The Customer may communicate with the Seller by phone between 8am and 4pm on working days.
- The following electronic services are available in the Online Shop:
- Account with a Registration Form;
- Order Form.
- Browsing the Online Shop’s offer does not require an account to be created. Orders can be placed either after creating an account or by providing necessary personal data and address in the Order Form without creating an account.
- An account can be created upon the joint fulfilment of the following (three) conditions:
- filling in the Registration Form;
- clicking on ‘Register’ button;
- receiving confirmation that the account has been created, sent to the e-mail address provided by the Customer.
- In the Registration Form, it is necessary to provide an e-mail address and create a password. After registration, the Customer may complete the profile with their first and last name, company name, address (street, house/flat number, postcode, city) and contact phone number. If the Customer wants to receive an invoice, it is also necessary to provide company data, including a VAT number.
- The order is placed upon the joint fulfilment of the following (three) conditions:
- filling in the Order Form;
- clicking on the ‘I buy and pay’ button – up to this point, it is possible to modify the data entered (to do so, follow the messages displayed and the information available on the Website of the Online Shop);
- receiving confirmation of the order sent to the e-mail address provided.
- In the Order Form, it is necessary to provide the following data: name and surname/ company name, address (street, house/ flat number, postcode, city, country), e-mail address, contact telephone number, product(s), the quantity of product(s), place and method of delivery, and method of payment. If the Customer wants to receive an invoice, it is also necessary to provide company data, including a VAT number. Optionally, it is possible to indicate a different address for the order delivery.
- By filling in the Order Form, the Customer may also create an account. In this case, in addition to providing the data referred to in Clause 6 above, it is necessary to create a password.
- The Customer may also place an order via e-mail to the address specified in §3(1) of the Regulations by sending an e-mail to the Seller and specifying the data referred to in Clause 6 above.
- The Customer, while using electronic services, is obliged to:
- provide data that is true and correct;
- not to deliver or transmit content prohibited by law;
- use the Online Shop in a manner that will not distort its functioning;
- not to send or place unsolicited commercial information in the Online Shop;
- use the Online Shop in a manner that will not be burdensome for other Customers and the Seller;
- use the content of the Online Shop for personal use.
- In order to use the Online Shop, the following technical conditions must be met by a computer or other device of the Customer:
- access to the internet;
- standard operating system;
- standard web browser;
- active e-mail address.
- Complaints regarding services provided electronically may be lodged by sending complaints to the addresses indicated in § 3. The complaint should contain the Customer’s identification and a brief justification. The complaint will be examined no later than on the 14th day of its receipt. The manner of handling the complaint shall be communicated to the Customer by telephone or a message sent to the e-mail address provided by the Customer.
- The Seller makes every effort to make the use of the Online Shop as safe as possible for the Customers. However, the Seller informs that the use of the Online Shop and any other websites entails a particular risk that involves a potential threat of unauthorised parties gaining unauthorised access to the Online Shop, which may cause unforeseen changes in its functioning.
- In order to minimise the risks referred to in Clause 12 above, the User of the Online Shop should use only original and current versions of software, use anti-virus and anti-spam software, as well as other tools to increase online security, avoid opening messages and their attachments if their origin is unknown or uncertain (do not open messages from unknown addresses) and read the content of alerts on emerging threats.
OFFER AND PRODUCTS
- Products in the Online Shop are described in detail. The Website of the Online Shop contains, in particular, the product description, its price and shipping costs. Photos of the offered products are used to present the goods specifically depicted on them.
- Product information, such as their descriptions and prices, are an invitation to submit an offer to conclude a Sales Agreement within the meaning of Article 71 of the Civil Code, in compliance with the Regulations.
- The product price displayed on the Website of the Online Shop is the gross price (including VAT). The product price does not include shipping costs.
- The final amount to be paid by the Customer consists of the price of the product and the shipping cost accepted by the Customer (including charges for transport, delivery and postal services).
- The Seller shall not be responsible for incorrect or improper interpretation by the Customer of information and/or technical data contained in the product descriptions.
TERMS AND CONDITIONS OF CONCLUDING THE SALES AGREEMENT
- The Online Shop accepts orders placed online 24/7. Order execution shall start after receipt of the payment of the price and shipping costs by wire transfer to the Seller’s account.
- For the order to be executed, the Customer must provide data enabling verification of the Customer and the recipient of the product(s).
- Parties shall be bound by the information displayed on the Website of the Online Shop next to the purchased product at the time of placing an order, in particular, such as price, characteristics of the product, its features, elements included in the set, date and method of delivery.
- The Sales Agreement is concluded after the order is submitted by the Customer via the Order Form or via e-mail.
- The order shall constitute the Customer’s offer to conclude a Sales Agreement under the terms and conditions specified in the order and the Regulations.
- The Sales Agreement is concluded when accepting the order by the Seller. The order may only be accepted after the payment has been credited to the Seller’s account.
- The Seller shall confirm receipt of the order and its acceptance by sending to the Customer a relevant e-mail message to the e-mail address provided by the Customer during the order placement, which shall contain – at minimum – the Seller’s statements on receipt of the order, receipt of the payment, acceptance of the order and confirmation of conclusion of the Sales Agreement. The confirmation shall also contain the information referred to in Article 12(1) of the Consumer Rights Act of 30 May 2014 (J./L. 2014, Item 827, as amended). The Sales Agreement between the Customer and the Seller is concluded upon receipt of the above e-mail by the Customer.
- Ordering some or all of the products may be subject to quantity limitations under one order. In this case, the Customer will be informed about it as soon as the Seller confirms the order (at the latest). After receiving information about exceeding the limit of pieces, the Customer may choose to cancel the order or cancel a part of it, enabling the Seller to perform a partial order that does not exceed the indicated limit.
METHODS AND DATES OF PAYMENT
- All orders must be paid in advance by one of the available payment methods.
- Payment shall be made based on the order placed in the Online Shop or based on a proforma invoice issued by the Seller.
- The Customer has the following payment options for the Sales Agreement:
- by wire transfer to the Seller’s account held with Santander no.: 23 1090 1593 0000 0001 1949 1386;
- via Przelewy24 system (information about the Przelewy24 system can be found on https://www.przelewy24.pl/).
- The Customer is obliged to pay for the order within 3 (three) working days from the date of concluding the Sales Agreement or within the payment term shown on the issued proforma invoice.
- The product(s) will be dispatched subject to the payment of the product(s)’ price and shipping costs.
- If the Customer fails to make the payment within the period specified in Clause 4 above, the Seller has the right to withdraw from the Sales Agreement. The Seller shall withdraw from the Sales Agreement by submitting [to the Customer] a notice of withdrawal to the e-mail address provided by the Customer. In this case, the Sales Agreement shall be deemed not concluded, and the order will be cancelled. In such circumstances, neither the Customer nor the Seller shall be obliged to provide any services to each other; in particular, to pay damages or its substitute or reimbursement of any costs.
- The Seller offers the following delivery methods:
- InPost express delivery service.
- Product delivery is only available within the territory of Poland.
- The cost of product shipment depends on the method of delivery and payment method chosen by the Customer.
- The product shipment date is calculated each time from the Seller’s confirmation of order acceptance to the date of order execution and depends on the date the payment has been credited into the Seller’s bank account.
- If the Customer ordered products of different lead times under one order, the order shall be executed within the time relevant to the product of the longest lead time.
LIABILITY FOR DEFECTS
- Products available in the Online Shop are free from legal and physical defects (statutory warranty).
- The Seller is obliged to provide the Consumer with the defect-free product.
- The Seller shall not be liable for any damage resulting from using the products in finished materials and products, in particular, in mass production on an industrial scale, except where mandatory provisions of law provide such liability.
- The Seller shall be responsible to the Customer if the product sold has a physical or legal defect (statutory warranty for defects). If the item sold is defective, the Customer may submit a notice on price reduction or withdrawal from the Sales Agreement, provided that the Seller fails to promptly and without undue inconvenience for the Customer to replace the defective item with a defect-free one or remove the defect. This provision shall not apply if the item has already been replaced or repaired by the Seller or the Seller has failed to replace the item with a defect-free one or has not removed the defect.
- If the Customer is the Consumer, instead of removing the defects proposed by the Seller, they are entitled to demand the item to be replaced with a defect-free one or, instead, of the item to be replaced and demand the removal of defects, provided that bringing the item to conformity with the Sales Agreement in the way chosen by the Consumer is not impossible or would not require excessive costs in comparison to the way proposed by the Seller. When assessing the [aforementioned] excessive costs, the value of the defect-free item, the type and significance of the defect found, and the inconvenience to which the Consumer would be exposed – by such other way of meeting their claims – shall be taken into account. The ratio of price reduction to the price resulting from the Sales Agreement shall reflect the ratio of the value of the defective item to the value of the defect-free item.
- The Customer shall not be entitled to withdraw from the Sales Agreement if the defect is insignificant.
- If the Customer finds a defect in the product, they shall lodge a complaint.
- Provisions related to the Seller’s statutory warranty for defects of the goods sold, applicable to Consumers, shall also apply to a person concluding an agreement with the Seller directly related to their business activity when the content of the agreement indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity made available based on the provisions of the Central Register and Information on Business Activity. When placing an order, the Customer shall make a relevant statement.
- In the case of a product’s non-compliance with the Sales Agreement, referred to in Clause 7 above, the Customer should immediately contact the Seller via e-mail given in § 3 of the Regulations to initiate the complaint procedure.
- As part of the complaint procedure, the Customer should send the product about which they complained to the address of the Online Shop given in §3 of the Regulations – at a cost agreed with the Seller, including a description of non-compliance using the complaint form sent by the Seller via e-mail at the initiation of the complaint procedure.
- The Seller shall respond to the Customer’s complaint within 14 (fourteen) days of receipt of the product with a completed complaint form.
- When the settlement of a justified complaint involves sending a new product to the Customer or removal of discrepancies, delivery and shipping costs shall be borne by the Seller.
- In the case of Customers who are not Consumers within the meaning of the Regulations, the statutory warranty is limited to the right to lodge a complaint about products as they are delivered. The discovery of any processing of the delivered products or subjecting them to chemical, physical, thermal, mechanical or other treatments will result in the finding of the complaint unfounded.
- In the case of Customers who are not Consumers, within the meaning of the Regulations, the Seller points out that the technological parameters of the materials given in the specification on the Website of the Online Shop are only approximate as they depend on the measurement method and prior preparation of the material. Any complaints about the product may only be based on documented measurements made at the expense of the Customer.
CONSUMER’S RIGHT TO WITHDRAW
- The Consumer is entitled to withdraw from the Sales Agreement within 14 (fourteen) days without giving any reason or incurring any costs, subject to § 11 of the Regulations.
- The period set out in Clause 1 shall start from the date of delivery of the product to the Consumer.
- In the case of the Sales Agreement, which includes multiple products that are delivered separately, in batches or parts, the period indicated in Clause 1 shall start from the date of delivery of the last item, batch or part.
- The Consumer may withdraw from the Sales Agreement by submitting a notice of withdrawal to the Seller. To keep the deadline for the withdrawal from the Sales Agreement, the Consumer shall send the notice before the expiry of this period.
- The notice may be sent by conventional mail or electronically by sending the notice to the Seller’s address stipulated in §3 of the Regulations. The notice may also be submitted on a form, the template of which is included in Appendix No. 1 to the Regulations or annexed to the Consumer Rights Act of 30 May 2014 (J./L. 2014, Item 2014 Item 827, as amended); however, this is not mandatory.
- If the Consumer sends the notice of withdrawal by electronic means, the Seller shall immediately confirm receipt of the notice to the Consumer via e-mail to the e-mail address provided by the Consumer.
- In the case of effective withdrawal from the Sales Agreement, the agreement shall be deemed not concluded.
- The Consumer is obliged to return the product(s) immediately, no later than 14 (fourteen) days from the date on which they informed the Seller about withdrawal from the Sales Agreement, to the Seller’s address as set out in § 3 of the Regulations with the annotation ‘RETURN OF THE PRODUCT’.
- In the case of an effective withdrawal from the Sales Agreement, the Seller shall refund to the Consumer immediately, no later than 14 (fourteen) days from the date of receipt of the Consumer’s notice of withdrawal from the Sales Agreement, all payments made by them – including the shipment costs, except for any additional costs arising from the method of delivery chosen by the Consumer other than the cheapest ordinary way of delivery offered by the Seller. The Seller may withhold payment return until the product is received back or the Consumer provides proof of its return.
- The payment shall be refunded by the Seller using the same methods of payment used by the Consumer in the original transaction unless the Consumer has expressly agreed to another solution that will not entail any additional costs for the Consumer.
- The Consumer shall bear the direct costs of product return, also in situations where due to its nature, the product cannot be returned by regular shipment.
- Goods returned in connection with the withdrawal from the agreement must be complete. The Consumer shall be liable only for the diminished value of the product resulting from the use of the product in a manner other than that it was necessary to establish the nature, characteristics and functioning of the product.
- Provisions of this clause shall also apply to a natural person concluding an agreement with the Seller directly related to their business activity when the content of the agreement indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity made available based on the provisions of the Central Register and Information on Business Activity. When placing an order, the Customer shall make a relevant statement.
EXEMPTION FROM THE RIGHT TO WITHDRAW
- Right of withdrawal from the agreement concluded remotely, referred to in § 10 of the Regulations, shall not apply to the Sales Agreement, where the subject of the supply is:
- a non-standard item produced to consumer specifications or used to meet their individual needs;
- a fast-deteriorating item or an item with a short shelf-life;
- an item delivered in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
- items which, once delivered – by their nature – become inseparable from other things.
OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND ASSERTING CLAIMS
- The Consumer is entitled to use out-of-court complaint handling and claim asserting procedures, i.e., the Consumer is entitled to:
- apply to a permanent arbitration court for a settlement of a dispute arising from the Sales Agreement;
- apply, to the provincial inspector of the State Trade Inspectorate, to initiate mediation proceedings for an amicable settlement of a dispute between the Customer and the Seller;
- seek the assistance of the municipal consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
- More detailed information on out-of-court methods of complaint handling and asserting claims can be found at https://polubowne.uokik.gov.pl.
- The Consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is intended for resolving disputes between consumers and entrepreneurs seeking an out-of-court settlement of a dispute concerning contractual obligations arising from an online sales contract or a service contract.
- The Seller hereby informs the Customer that the content available in the Online Shop Website is work within the meaning of the Act of 4 February 1994 on copyright and related rights (J./L. of 1994 No. 24 Item 83, as amended) to which the Seller holds the copyright.
- The Seller hereby informs the Customer that further distribution of content available in the Online Shop Website without the Seller’s permission, with the exception of the use of content within the framework of permitted personal use, constitutes an infringement of copyright belonging to the Seller and may result in civil or criminal liability.
- Failure to accept the provisions of the Regulations makes it impossible to create an account, place an order or conclude a Sales Agreement. The Online Shop allows the Customer to read the Regulations before creating an account or placing an order.
- Any order placed in the Online Shop each time constitutes a separate Sales Agreement and requires separate acceptance of the Regulations. The Sales Agreement is concluded for the duration and purpose of the order.
- Any disputes related to agreements concluded via the Online Shop shall be resolved by the Polish common court competent for the Seller’s registered office. This provision shall not apply to Consumers, in the case of which the court jurisdiction shall be determined in line with general principles. This provision shall not also apply to a natural person concluding an agreement with the Seller directly related to their business activity when the content of the agreement indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity made available based on the provisions of the Central Register and Information on Business Activity – in the case of such a person, the court jurisdiction shall be determined in line with general principles.
- None of the provisions of the Regulations shall exclude or in any way limit the Consumer rights arising from legal provisions.
- The Regulations come into force on the date of their publication on the Online Shop Website.
- The Seller reserves the right to amend the Regulations. For Sales Agreements concluded before the change of the Regulations, the Regulations in force on the date of concluding the Sales Agreement shall apply. The Customer who has an account in the Online Shop will be informed about each change of the Regulations to the e-mail address assigned to the Customer’s account. In the case of failure to accept the amended Regulations, the Customer may terminate the agreement for maintaining an account with immediate effect without incurring any costs.
Appendix No. 1 to the Regulations – VOLUNTARY FORM OF WITHDRAWAL FROM THE SALES AGREEMENT