Terms and conditions have been effective as of December 25, 2014.
ProEcoSolar.eu is an online store available in the ProEcoSolar.eu domain, run by:
Pro Eco Solutions Ltd.,
with a registered office in:
28-29 The Broadway
W5 2NP London
Company No. 07161928
Orders are shipped from:
Pro Eco Solutions Ltd. branch in Poland
Sadków, ul. Kasztanowa 2,
55-080 Kąty Wrocławskie
entered into the register of businesses kept by the District Court in Wrocław, VI Commercial Division of the National Court Register under KRS number KRS 0000362097, NIP: 8961505248,
with which Customers can contact at the following e-mail address: firstname.lastname@example.org
- Pro Eco Solutions Ltd. conducts sales by electronic means via the Internet. Orders are accepted exclusively through the website available on ProEcoSolar.eu.
- Customers may use the ProEcoSolar.eu by registering and thus creating an account where data and information about the Customer and his activities in the ProEcoSolar.eu store are collected (hereinafter: "Account"). Providing services related to the Account on ProEcoSolar.eu is of an indefinite nature. The Customer has the right to terminate the contract concluded with Pro Eco Solutions Ltd. regarding the Account at any time. The above does not apply to situations in which Pro Eco Solutions Ltd. is in the process of completing the order placed by the Customer. In such a case, the effect of termination of the contract will take place after the order is completed.
- In order to register and create an Account on ProEcoSolar.eu, it is necessary to complete the registration form by providing the following data: e-mail address and password. A message will be sent to the e-mail address of the Customer entered into the registration form, indicating how to confirm the registration and other information required by law. Upon confirmation of registration, a contract regarding using the Account is concluded between the Customer and Pro Eco Solutions Ltd., the subject of which are services provided by Pro Eco Solutions Ltd., under the conditions set out in the Terms and Conditions.
- The User may also make purchases in the store without registration; however, in this case, he gives up the creation of the Account and the functionality assigned to it, that is, remembering shipping address data or tracking the status of the order.
- In the case of a legal person and an organizational unit without legal personality, all actions by this entity on ProEcoSolar.eu may only be taken by a person who is authorized to perform on behalf of this entity all actions related to the use of ProEcoSolar.eu and to exercise all rights and obligations of this entity as a Customer.
- All products available on ProEcoSolar.eu are brand new, free from physical and legal defects, and have been legally introduced into the Polish market.
- All prices on the ProEcoSolar.eu websites are gross prices (including VAT tax). A VAT invoice is issued for each product sold. A VAT invoice may be delivered by electronic means to the e-mail address provided by the Customer unless the Customer clearly indicates that the VAT invoice should be delivered in a traditional form.
- The ordered product is delivered with the participation of specialized operators (courier and transport companies). The customer shall bear the delivery costs chosen when placing an order on ProEcoSolar.eu.
- The contract concluded between the Customer and Pro Eco Solutions Ltd. regarding the purchase of a particular product on ProEcoSolar.eu has interim nature and lasts for the duration of the order processing. The place of sale of products purchased on ProEcoSolar.eu is the delivery address indicated by the Customer.
- In a situation where there are significant differences when it comes to the time of order processing or the method of packaging and delivery of particular products that are part of one order placed on ProEcoSolar.eu, Pro Eco Solutions Ltd. may decide on its own to divide the order into smaller shipments. In this case, the delivery cost specified when placing the order does not change but is only divided into partial shipments. If a part of the order is canceled, only the delivery costs that have been assigned to the undelivered part of the order or part of the order that is subject to a complaint are corrected.
- The Customer is obliged to pay the price for the product ordered on ProEcoSolar.eu, including delivery costs, no later than within 14 days from the date when the contract is concluded, subject to the payment being made on delivery. The following payment methods are possible:
- On delivery - payment in cash to the courier on delivery. In some cases, Pro Eco Solutions Ltd. reserves the right for additional verification of these type of orders.
- By bank transfer - a form of payment for customers who prefer to log in to the online banking themselves or visit a bank branch. After placing the order, the Customer receives a bank account number to which the correct amount should be transferred to an electronic mailbox (e-mail). As soon as the payment is credited to the Pro Eco Solutions Ltd. bank account, the order is forwarded for processing.
- Online transfer - an electronic payment supported by tpay.com (Website) - an internet website which is operated by Krajowy Integrator Płatności S.A. with its registered office in Poznań at ul. Św. Marcin 73/6, 61-808 Poznań, entered into the Register of Entrepreneurs of the National Court Register under the KRS number 0000412357 kept by the District Court Poznań-Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register with a share capital of PLN 4,798,500.00 fully paid, with REGON no. 300878437 and NIP no. 7773061579, at the website address: https://tpay.com, e-mail address: email@example.com. The option of online transfer payment is available in selected product categories.
- Online transfer - an electronic payment supported by PayU S.A. - a national payment institution with its registered office in Poznań at ul. Grunwaldzka 182, entered into the Register of Entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under the KRS number 0000274399. The option of online transfer payment is available in selected product categories.
- Online transfer - an electronic payment supported by PayPal (Europe) S.à r.l. et Cie, S.C.A. (RCS Luxembourg B 118 349) ('PayPal'), with its registered office in Luxembourg, L-2449, which has a valid license as a Luxembourg credit institution within the meaning of Article 2 of the Financial Sector Act of April 5, 1993 (as amended) and is subject to the supervision of the Luxembourg supervisory body, Commission de Surveillance du Secteur Financier. The option of online transfer payment is available in selected product categories.
- Payment card (Visa, Mastercard) - each card payment transaction is securely authorized by tpay.com, PayPal, or PayU S.A. (which may take a while). Once the payment is confirmed, the order is forwarded for processing.
- For some categories of products available on ProEcoSolar.eu, Pro Eco Solutions Ltd. reserves the right to limit the payment method by not providing some of the payment and delivery options.
- The delivery time of the products is no more than 40 days from the date when the contract is concluded. The time for receiving the shipment each time is the order completing time plus the delivery time.
- Products may have a warranty of the manufacturer, importer, or seller valid in Poland. Detailed conditions for the implementation of the warranty are set out in the print of the warranty issued by the guarantor.
- Pro Eco Solutions Ltd. is liable for product defects under applicable law. In the case of sales other than consumer sales, the implied warranty provisions set out in the Civil Code are excluded.
- Complaints under warranty may be submitted in electronic form or in writing to the address of Pro Eco Solutions Ltd. to be found in the upper part of the Terms and Conditions. The return of product(s) is made at the expense of Pro Eco Solutions Ltd., after prior confirmation by Pro Eco Solutions Ltd. of receiving the submitted complaint from the Customer. Information on the type of freight forwarder and the address to which the product should be sent will be provided by Pro Eco Solutions Ltd.
- The Customer has the right to request a reduction of price or withdrawal from the contract unless Pro Eco Solutions Ltd. immediately and without undue inconvenience for the Customer replaces the defective product with a product free from defects or removes the defect. This limitation does not apply if the product has already been replaced or repaired by Pro Eco Solutions Ltd. or Pro Eco Solutions Ltd. did not replace the product with one that is free of defects, or has not removed this defect.
- Pro Eco Solutions Ltd. shall recognize the complaint under warranty within 14 days from the date of receipt in the correct form. If Pro Eco Solutions Ltd. does not respond to Customer claims within 14 days, it means that it has deemed the claim is justified.
In each of the above-described cases, when the implementation of the claims of the Customer involves the delivery of a new or repaired product, the delivery costs are borne by Pro Eco Solutions Ltd. In order to return the purchased product, the Customer should enter the purchase price of the returned product in the field "declared value" (or equivalent) of a waybill. This amount is a declaration of the insurance value. The Customer should ensure that the product is properly packaged so that it does not get damaged during transport.
- In accordance with applicable law, within 14 days of receiving the ordered product, the Consumer has the right to return it without giving reasons, with the exclusion of services and products which cannot be returned in accordance with applicable law. The terms and conditions for withdrawing from the contract, including the withdrawal form that the Customer may use, as well as the cases in which the Customer may not withdraw from the contract are set out in the information, constituting Annex 2 to the Terms and Conditions. The provisions of this Article shall apply accordingly to withdrawal from the contract regarding the Account.
- The Customer has the right to return used equipment in accordance with the Act of July 29, 2005, on used electrical and electronic equipment. Return of used equipment can take place only if the purchase of a new product of the same type will be made at ProEcoSolar.eu. If the Customer wants to return a used product, he should notify Pro Eco Solutions Ltd about it by e-mail within a period of not more than one month from the purchase of a new device, but not less than 14 days from its purchase. The return shall be made after verification by Pro Eco Solutions Ltd, which will take place within 5 business days from the date of sending an e-mail by the Customer. The Customer shall send used equipment to the Pro Eco Solutions Ltd.'s warehouse at his own expense.
- The information on the ProEcoSolar.eu website does not constitute an offer within the meaning of the Civil Code. The Customer placing an order using the mechanisms available on the website of the ProEcoSolar.eu store submits an offer of buying a specific product under the conditions specified in the description of the product.
- Pro Eco Solutions Ltd. may change the Terms and Conditions and launch a new version of the services provided by ProEcoSolar.eu. The change becomes effective on the date indicated by Pro Eco Solutions Ltd., which may not be less than 7 days from the moment of publishing changed Terms and Conditions on ProEcoSolar.eu, with the proviso that orders placed before the entry into force of the changes are processed according to terms and conditions which were in force at the date of placing an order.
- The Customer, when logging in to ProEcoSolar.eu for the first time after the entry into force of the changes, will be notified of such changes and of the possibility of accepting them. Refusal to accept the changes is equivalent to the termination of the contract with Pro Eco Solutions Ltd.
- Common courts shall settle all disputes related to services provided by Pro Eco Solutions Ltd. on ProEcoSolar.eu. A Customer who is a consumer has the possibility of using an out-of-court complaint recognition and pursuing claims in the Permanent Consumer Arbitration Court at the Provincial Inspectorate of the Trade Inspection in Warsaw. Information on how to access the abovementioned procedures for the settlement of disputes can be found at www.uokik.gov.pl, in the tab "Settlement of consumer disputes."
ANNEX no. 1
- Pro Eco Solutions Ltd. and the Store pay special attention to protecting the privacy of the Customers. Pro Eco Solutions Ltd. and the Store carefully select and apply appropriate technical and organizational measures ensuring the protection of processed data, including programming protections (among the others the data encryption systems). In particular, Pro Eco Solutions Ltd. and the Store secure data against disclosure to unauthorized persons, as well as against their processing in violation of applicable law. Pro Eco Solutions Ltd. and the Store have constant control over the data processing process and limit access to data to the highest possible extend, granting appropriate authorizations only when it is necessary for the proper provision of services via ProEcoSolar.eu.
- The Pro Eco Solutions Ltd is the Administrator of the database of personal data provided by customers in connection with purchases on ProEcoSolar.eu.
- The basis for the processing of personal data is the consent of the Customers themselves, as well as the statutory authorization to process data necessary for the purposes of Pro Eco Solutions Ltd. the Store and ProEcoSolar.eu, including for the conclusion, implementation, and settlement of sales contracts via ProEcoSolar.eu (handling sales of goods), as well as for archiving purposes.
- Providing any personal data by the Customer is voluntary. Providing the data set out in point 3 of the Terms and Conditions is necessary for the purposes set out in point 2.
- Customers can view ProEcoSolar.eu and published offers for goods without prior Registration and providing personal data.
- The data provided by the Customer during Registration are used for accounting purposes, to contact the Customer, to operate the account on ProEcoSolar.eu, and for other actions to be taken in relation to the conclusion or performance of sales contracts. These data can also be used to verify if the registrant meets the conditions required by the Terms and Conditions and legal provisions. Contact details, with the consent of the Customer, are also used to send information about the company and the services it provides to the client by Pro Eco Solutions Ltd. The Customer may at any time decide not to receive this type of information.
- Customer data may be made available to entities authorized to receive it based on applicable law, including relevant judicial authorities. Personal data of Customers may be transferred to third parties in cases specified by Pro Eco Solutions Ltd. and the Store and with the consent of Customers.
- If Pro Eco Solutions Ltd. or the Store receives information about the Customer using the ProEcoSolar.eu not in accordance with the Terms and Conditions or applicable regulations, Pro Eco Solutions Ltd. or the Store may process the personal data of Customer to the extent necessary to determine his liability, provided that it records for the purposes of evidence of obtaining and the content of that messages.
- Personal data of Customers making online payments or as part of the PayU Installment service for goods purchased in ProEcoSolar.eu or in the Store are transferred to PayU S.A. with its registered office in Poznań (60-166 Poznań, ul. Grunwaldzka 182), entered into the Register of Entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under the KRS no. 0000274399, NIP no. 779-23- 08-495, a national payment institution supervised by the Polish Financial Supervision Authority, entered into the register of national payment institutions kept by the Polish Financial Supervision Authority under no. IP1/2012. The transfer concerns personal data necessary to complete payment by PayU S.A:
- to operate (implement) by PayU S.A. payments for products purchased on ProEcoSolar.eu,
b. immediately after the Customer chooses the method of making payment in the form of online payments on ProEcoSolar.eu.
- Pro Eco Solutions Ltd. and the Store ensure the implementation of the rights of Customers under the Personal Data Protection Act, including the right to accessing their personal data and correcting them, as well as the right for controlling the processing of their own personal data based on the principles described in the Act. As part of exercising the right to control the processing of their personal data, Customers have in particular the right to submit - written and justified request to stop processing personal data due to their special situation, as well as to object to the processing their data when Pro Eco Solutions Ltd. or the Store intends to process them for marketing purposes or when Pro Eco Solutions Ltd. or to object to transferring personal data by Pro Eco Solutions Ltd. to Data Administrator other than Pro Eco Solutions Ltd. or the Store.
- Pro Eco Solutions Ltd. and the Store provide Customers with the ability to view and modify personal data. Pro Eco Solutions Ltd. and the Store provide Customers with the possibility of removing personal data from the personal data file in the event of withdrawal from the contract referred to in art. 17 of the Terms and Conditions, as well as in other cases, if it results from applicable law. Pro Eco Solutions Ltd. or the Store may refuse to remove the data of the Customer only in cases specified by applicable regulations, in particular, if the Customer has not paid all amounts due to Pro Eco Solutions Ltd. or the Store. or when Pro Eco Solutions Ltd. or the Store receives and consolidates a message that the Customer has violated the Terms and Conditions or applicable law with their actions taken on ProEcoSolar.eu, and the retention of such data is necessary to clarify such circumstances and determine the liability of the Customer.
- In addition, occasionally, Pro Eco Solutions Ltd., with the separate consent of the Customer, sends surveys for purposes related to learning about the Customer preferences and adapting the ProEcoSolar.eu's offer to their expectations, including enabling to share an opinion on a transaction made in the Store. The Customer may at any time decide not to receive surveys.
- Pro Eco Solutions Ltd. uses IP addresses collected during internet connections for technical purposes related to the administration of servers. In addition, IP addresses are used to collect general, statistical demographic information (for example, about the region from which the connection is made). These data are not combined with the data provided by Customers and are only material for statistical analysis and mechanisms for correcting system errors.
- Pro Eco Solutions Ltd. uses "cookie" files. The information collected using "cookie'' files allows to adjust services and content to the individual needs and preferences of Customers, as well as to develop general statistics on the use of ProEcoSolar.eu by Customers. Turning off the option in the web browser that allows to save "cookie" files generally does not prevent the use of ProEcoSolar.eu but may cause some difficulties.
ANNEX no. 2
Within 14 days of receiving the order, you can withdraw from the contract without providing any reason. If you do so, we will return the payments received from you.
- If the Consumer withdraws from the contract before the Seller will send the order, the Seller will return all payments received from the Buyer.
- If the Consumer withdraws from the contract after the Seller sends the order (for example, if the Customer does not pick up the products from the delivering company), the Seller will request a refund of the return shipment.
In order to cancel a purchase, please inform us of your decision by completing the Return Form. If you wish to exercise the right of withdrawal, you must return the products at your own expense. You can use the withdrawal form, which you will find below.
Return the product(s) to the following address:
Pro Eco Solutions Ltd. Branch in Poland
Sadków, ul. Kasztanowa 2,
55-080 Kąty Wrocławskie
The right of withdrawal is not applicable to contracts:
1. for providing services if the service was fully provided with your express consent;
2. in which the price of the Good depends on fluctuations in the financial market over which we have no control and which may occur before the deadline to withdraw from the contract;
3. in which the subject of the service is a non-prefabricated item, manufactured according to your specification or serving to meet your individualized needs;
4. in which the subject of the service is an item subject to rapid deterioration or having a short shelf-life;
5. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to the protection of health or hygiene reasons if the packaging was opened after delivery;
6. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
7. in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and which delivery can take place only after 30 days and whose value depends on fluctuations in the market over which we have no control;
8. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package if the package was opened after delivery;
9. for the supply of digital content that is not saved on a physical medium, if the performance of the service began with your express consent, before the expiry of the deadline to withdraw from the contract.
WITHDRAWAL FROM THE CONTRACT FORM
(this form should be completed and returned only if you wish to withdraw from the contract)
Pro Eco Solutions Ltd. branch in Poland
Sadków, ul. Kasztanowa 2,
55-080 Kąty Wrocławskie
I, ............................................................hereby inform about my withdrawal from the contract of sale of the following item(s) .........................................................................................................,
Date of conclusion of the contract is................................................., and the date of receiving the item(s) is ...............................................................................................
First and last name ....................................................................