REGULATION OF THE WEBSITE “PS LIFT”

These Terms set out the rules and conditions for electronic services, including use of the Shop and the rights, obligations and liability of the Seller and Buyer. They also provide information that the Seller must give to Consumers and Entrepreneurs with consumer rights under applicable legislation, including the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2020.287, consolidated text, as amended), and the Act of 9 May 2014 on Information on Prices of Goods and Services (Journal of Laws 2014, item 915, as amended).

§1 [Definitions]

The terms used in these Regulations mean:
1. Terms and Conditions – these Rules of the Online Shop “PS LIFT”.
2. Seller – PS Lift Spółka z ograniczoną odpowiedzialnością, with its registered office in Racot, ul. Kościańska 2a, 64-000 Kościan, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto i Wilda in Poznań, IX Commercial Division of the National Court Register, under KRS number 0000327140, NIP: 6981801753, REGON: 301087117.
3. Online Store – a website owned by the Seller available at https://www.ps-lift.com/ through which the Buyers/Consumer can purchase the product.
4. Buyer – a legal person, an organisational entity without legal personality and a natural person conducting an economic activity that carries out or intends to order in the Online Store within the course of his business activity, as well as an entrepreneur privileged to the rights of the consumer if there are no separate provisions in relation to them.
5. Consumer – a natural person carrying out a legal activity which is not directly related to his or her business or profession, who performs or intends to make an order at the Online Store.
6. Order – a statement of the Buyer’s/Consumer’s will, aimed directly at concluding an agreement to sell products at a distance via the Online Store, specifying the type and number of product.
7. Product – product presented in the Online Store.
8. Paynow – an online payment service operated by mElements S.A., with its registered office at ul. Prosta 18, 00-850 Warszawa, through mBank S.A., with its registered office at ul. Prosta 18, 00-850 Warszawa, entered in the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Register, under KRS number 0000025237, NIP: 526-021-50-88, fully paid-up share capital of PLN 169.468.160, website: www.paynow.pl, email: support@paynow.pl.
9. Force majeure is an emergency, unpredictable and independent event which prevents the performance of a contract in whole or in part at all or for a certain period of time which could not be prevented or countered with due care (e.g. war, strikes, dismissals, shortages of raw materials or energy supplies, disruptions in the operation of factories, roadblocks, extraordinary natural phenomena, epidemics, emergency states).
10. A trader privileged to the rights of a consumer — a natural person who enters into an Agreement directly related to his economic activity, where it is apparent from the content of that Agreement that he does not have a professional character for him, arising in particular from the subject matter of his business activity.

§2 [General provisions]

1. As part of the Online Store, the Seller sells Products over the Internet.
2. The Terms and Conditions specify the terms of use by the Buyer/Consumer from the Online Store. Buyers/Consumers can at any time read the Terms and Conditions of the Online Store on the Internet Store website at https://www.ps-lift.com and at the Vendor’s premises.
3. The seller presents in the Online Store Products that may become subject to the Order and subsequent sales agreement.
4. The products presented in the Online Store (photos, size tables, descriptions) are carefully prepared and are intended to correspond to the actual state of the Products.
5. Materials used to present Products, i.e. photographs of Products, technical data, descriptions of Products are the property of the Vendor who is entitled to these materials by copyright. It shall be prohibited to use them for commercial purposes or to present them in any media, without the prior consent of the Seller expressed in writing under the rigor of invalidity.
6. Orders and purchases at the Online Store may be made by the Buyer/Consumer.
7. The prices in relation to the Products are expressed in Polish zlotys and are given in gross values with VAT and net value excluding VAT. Prices do not include delivery costs.
8. In the event of a reduction in the price of a Product or service, the Seller shall also disclose the lowest price of that Product or Service which was in force within 30 days prior to the introduction of the reduction.
9. If a given Product or Service is offered for sale in less than 30 days, next to the reduced price information, the Seller shall disclose the lowest price of that Product or Service which was valid from the date on which the offer of this Product or Service was started until the date of introduction of the reduction.
10. In order to properly purchase, the computer from which the purchase is made should be equipped with the current version of one of the most popular web browsers (e.g. Mozilla Firefox, Google Chrome, Microsoft Edge).
11. The use of the Online Store can be associated with threats typical for using the Internet, spam, viruses, hacking attacks. The seller takes action to counter these threats. The Seller indicates that the public nature of the Internet network and the use of electronic services may entail a risk of obtaining or modifying the Buyer/Consumer data by unauthorised persons, which is why the Buyer/Consumer should take appropriate technical measures to minimise the risks identified above, including antivirus and protecting the identity of users using the Internet.

§3 [Rules for registration and submission of orders]

1. Orders can be placed after the Buyer/Consumer has registered in the Online Store or without registering an account in the Online Store (Guestful Shopping).
2. The conclusion of the Sales Agreement between the Buyer/Consumer and the Seller follows the prior submission of the Purchaser/Consumer of the Order.
3. The seller allows the Buyer/Consumer to submit the Order via the Online Store as part of the Guest Purchases in the following way, successively:
o Buyer/Consumer submits an order by selecting the option “Add to basket” on the Product page. In the “Basket” panel Buyer/Consumer chooses quantity, delivery method of Product and payment method. Confirmation of the Order is made by launching the ‘Buy and pay’ link;
o Buyer/Consumer provides the personal data necessary to submit an Order and purchase a Product/s located in the Online Store. If incomplete or incorrect data is provided, the order may be suspended or cancelled;
to submit the Order by the Buyer/Consumer, acceptance of the Online Shop Regulations is required;
After the Buyer/Consumer has ordered the selected Products, he receives an e-mail in which he is informed of the acceptance of the Order.
4. The registration of the account in the online shop of the Seller is free and consists in creating an individual Buyer/Consumer account. The account is created by selecting the “My Account” tab and entering the email address and password created by the Buyer/Consumer. During the creation of the Buyer/Consumer account, he confirms that he has read the contents of the Rules of Procedure and agrees to its provisions.
5. The Buyer/Consumer login is created as a result of the creation of an account. Buyer/Consumer may log in to the Online Store by providing their e-mail address or login and password.
6. The provision of personal data of the Buyer/Consumer is necessary to place an order and purchase the Product/s located in the Online Store. If incomplete or incorrect data is provided, the order may be suspended or cancelled.
7. Buyer/Consumer submits an order by selecting the option “Add to basket” on the Product page. In the “Basket” panel Buyer/Consumer chooses quantity, delivery method of Product and payment method. The confirmation of the order is made by launching the link “Buy and pay”.
8. Buyers/Consumer can delete an account in the Online Store at any time. The contract for the provision of electronic services shall be terminated immediately without the need for the Buyer/consumer to make additional statements.
9. Products in the Online Shop may be ordered around the clock, seven days a week, throughout the year. Orders placed on Saturdays, Sundays or public holidays are processed on the next working day.
10. After the Buyer/Consumer has ordered the Products, he receives an e-mail in which he is informed of the acceptance of the Order.
11. All products included on the website of the Online Shop are brand new, free from physical and legal defects and have been legally placed on the Polish market.
12. The Contract shall be completed within 3 working days of its adoption until its completion.
13. If all or part of the Products covered by the Order are not available, the Buyer/Consumer will be informed immediately. In this case, it will be up to the Buyer/Consumer to decide on how the Order is executed, i.e. partial execution of the Order, extension of the waiting time or cancellation of the entire Order.

§4 [Payment forms]

1. On the basis of the purchase made by the Buyer, the Seller shall issue proof of purchase in the form of a VAT invoice, with the indication of the Buyer’s NIP number to the invoice not later than when submitting the Order. The seller shall not be responsible for providing incorrect or incomplete data, including the NIP number, by the Buyer. In the event that the order may not be completed in case of force majeure or other reasons, the Seller shall inform the Buyer or Consumer without delay by e-mail or telephone. In this case, the Consumer may resign from performance of the contract and the Seller shall reimburse the claims paid by the Consumer. In other cases, implementation of the contract shall be postponed by the duration of the obstacle. On the basis of the purchase made by the Consumer, the Seller shall issue proof of purchase in the form of a VAT invoice or fiscal receipt. If the Consumer has chosen a document in the form of a fiscal receipt, the Seller will join it in any purchase made by the Consumer.
2. Proof of purchase in the form of a VAT invoice The Seller shall issue, within 3 days from the date of dispatch of the Product to the Buyer/Consumer and deliver by priority delivery to the address indicated in the Order Form via the Polish Post Office. With the prior written consent of the Buyer/Consumer, the VAT invoice shall be delivered electronically to the e-mail address indicated in the Order Form.
3. On request of the Consumer, notified within 3 months from the end of the month in which the Product was delivered, the Seller shall issue a VAT invoice documenting the proof of purchase at the Online Store on the basis of the tax receipt issued;
4. Payment for the Order and possible consignment may take place:
to transfer to the bank account of the Seller;
on receipt of the consignment, in case of delivery of the Order by mail, courier, transport of the Seller or personal reception;
o through the external payment system paynow
5. Data to be transferred for payment in PLN:
PS Lift Sp. z o.o. Racot, ul. Kościańska 2a, 64-000 Kościan,
Bank account numbers: mBank S.A.: 54 1140 1850 0000 3319 1600 1001
Santander Bank Polska S.A.: 47 1090 1274 0000 0001 1178 3906
6. If the Buyer/Consumer chooses to pay for the order in the form of a transfer to the Seller’s bank account, the moment when payment is made is the date of recognition of the deposit on the Seller’s bank account.
7. If the Buyer/Consumer has selected a payment via paynow, it will be redirected to the paynow website for payment. After effective payment, the Buyer/Consumer will be redirected back to the Online Store, then a page with order confirmation will be displayed to him. Delivery of the Order will be started after the Buyer/Consumer has received confirmation of acceptance of the Order and after the Vendor receives information from the Paynow system about payment by the Buyer/Consumer.
8. In case the Buyer/Consumer chooses a payment via the payment system, his personal data will be transferred to the extent necessary for the execution of the payment to mElements S.A. based in Warsaw at ul. Straight 18. 00-850 Warsaw via mBank S.A. based in Warsaw at ul. Simple 18, 00-850 Warsaw, entered in the Register of Entrepreneurs of the National Court Register by the District Court for St. Warsaw , XIII Economic Division of the National Court Register under number KRS 0000025237, NIP” 526-021-50-88, share capital PLN 169.468.160 in full paid-up, national payment institution, entered in the KNF register of payment service providers as agent mElements- IP47/2019, to which the Buyer/ Consumer agrees. The supervision of the performance of payment services activities shall be exercised by the Financial Supervision Commission.

§5 [Supplies and transport]

1. Products Ordered at the Online Store are delivered via a forwarding company selected by the Seller, or supplied by own transport to the Seller.
2. The delivery of the Product in Poland takes place between 1 and 3 working days, from the moment of confirmation of the Order or transfer if such payment is chosen.
3. The cost of delivery of the Product/s in Poland is covered by Buyers/Consumer.
4. It is possible to individually agree with the Buyer/Consumer of another form of shipment. In particular, there is a possibility of personal reception of the Products by the Buyer/Consumer at the Vendor’s premises. The Purchaser/Consumer or the person with the relevant written authorisation from the Buyer/Consumer may take possession of the Personal Products.
5. The delivery of products ordered in the Online Shop takes place on the territory of the Republic of Poland.
6. To arrange delivery of Products outside the Republic of Poland, the Buyer/Consumer should contact the sales department by email at sekretariat@ps-lift.com or by telephone on +48 65 513 12 92 to agree the individual order conditions, particularly delivery and payment terms.
7. The seller shall inform that:
o when the Product is delivered to the Buyer or a representative of the freight forwarding company to the Buyer, the benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product are passed. When selling to the Consumer, the risk of accidental loss or damage of the Product shall pass to the Consumer at the time of issue to the Consumer Product;
the acceptance of a consignment with Product by the Buyer/Consumer without reservation shall put an end to claims for loss or damage in transport unless:
– the damage was found to be protocolated prior to the receipt of the consignment;
– such a statement has been abandoned because of the shipping company;
– loss or damage was due to intentional or gross negligence of the forwarding company;
– the damage not externally attributable to the Buyer/Consumer has been identified after receipt of the consignment and has requested its condition within 3 days and has demonstrated that the damage occurred during the period between acceptance of the consignment for transport and its issue;
This does not apply to the Consumer and Entrepreneur privileged to the rights of the consumer.
8. If it is found that the consignment with the Product is affected, suffered loss or damage, the Buyer/Consumer should immediately (no later than 3 days from the date of receipt of the shipment) file a complaint with the Vendor. Such action will enable claims from the forwarding company to be claimed. This is not a condition for consideration of a consumer complaint or an entrepreneur privileged to the rights of the consumer.

§6 [Quality guarantee]

1. All Products sold at the Online Store are brand new products and free of defects. The products have a guarantee valid in Poland.
2. The seller provides warranty on the products sold under the conditions set out in the warranty card attached to each Product.
3. The warranty given by the Vendor does not cover defects and faults of Products which arise after the Product has been issued to the Buyer/Consumer for which the Buyer/Consumer is fully responsible.
4. If a fault is detected at the time of receipt of the Products, contact the Vendor immediately.

§7 [Right of withdrawal from the contract by the Buyer and Consumer]

1. The Seller or Buyer may withdraw from the Agreement under the rules set out in the Civil Code (Journal of Laws 2022, item 1360, as amended). Information on the right of withdrawal is provided in Annex 1 to these Terms. A model withdrawal form is provided in Annex 2.
2. The consumer is entitled to withdraw from the contract within 14 days of receipt of the Product, provided that the Product does not bear any traces of use and the packaging is intact.
3. The right to withdraw from the Agreement shall not be granted to the Consumer for certain contracts, i.e.:
for the provision of services if the Seller has fully performed the service with the express consent of the Consumer, who has been informed before the beginning of the performance that after the Seller has fulfilled the performance, he will lose his right to withdraw from the Agreement;
where the price or remuneration depends on fluctuations in the financial market over which the Seller does not exercise control and which may occur before the expiry of the deadline for withdrawal from the Agreement;
of which the Product is a non-prefabricated thing, manufactured according to the specifications of the Consumer or intended to satisfy its individualised needs;
of which the Product is a thing supplied in a sealed packaging which, after opening the packaging, cannot be returned for health or hygiene reasons, if the packaging has been opened after delivery;
of which the Product is the things in which, after delivery, by virtue of their character, they are inseparably connected to other things,
where the Consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller provides services other than those requested by the Consumer, or provides Products other than spare parts necessary to perform repair or maintenance, the right of withdrawal from the Agreement shall be granted to the Consumer in respect of additional services or Products.
4. The seller shall immediately, no later than 14 days after receipt of the Consumer’s withdrawal declaration, reimburse the Consumer with all payments made by him, including the costs of delivery of the Product;
5. The seller shall reimburse the payment using the same method of payment as used by the Consumer, unless the consumer expressly agreed to another method of reimbursement which does not entail any costs for him;
6. If the Seller has not proposed that he himself will receive the Product from the Consumer, he may withhold reimbursement of payments received from the Consumer until he receives the Product back or provides proof of its return, whichever occurs first;
7. If the Consumer has chosen a way of delivering the Product other than the cheapest ordinary delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for any additional costs incurred by him;
8. The consumer shall return the Product to the Seller or forward it to the person authorized by the Seller to receive it immediately, but not later than 14 days from the date on which he withdrew from the contract. In order to comply with the time limit, it is sufficient to refer the Product before its expiry;
9. The consumer is obliged to return the Product with all elements of equipment, including packaging, in so far as it constitutes an essential element of the Product. The Seller may refrain from returning the payment until the Product is received or until proof of its sending has been provided to the Seller, whichever event occurs first;
10. The consumer shall bear only the direct costs of returning the Product;
11. The consumer shall be responsible for reducing the value of the Product resulting from its use beyond what is necessary to determine the nature, characteristics and functioning of the Product;
12. In the event of effective withdrawal from the Agreement, the Agreement shall be deemed not to have been concluded.
13. The provisions in paragraph 8 shall apply to a trader privileged to the rights of the consumer.

§8 [Advertisements]

1. The seller is exempt from liability under the warranty if the Consumer knew of the defect at the time of conclusion of the contract.
2. Liability under the warranty is excluded in legal relations with Clients and Entrepreneurs privileged to the rights of the consumer. The liability of the Seller for damages in legal relations with customers is always limited to the value of the Goods, but this does not apply to the Consumer and Entrepreneur privileged on consumer rights.
3. The consumer shall be entitled to lodge a complaint in the event of the non-compliance of the products purchased with the sales contract.
4. Complaints may be made in writing by sending them to the Seller’s address, by telephone or in person at the Vendor’s premises. The model complaint form is set out in Annex 3 to this Regulation. This does not apply to the Consumer and Entrepreneur on consumer rights who can address complaints to the Seller in any way.
5. The Consumer Complaint Seller will deal with the complaint within 14 calendar days from the date of submission of the complaint.
6. If it is necessary to send a Product to the Store of the advertised Product, the Buyer/Consumer should send it back immediately.
7. If the Product is not in conformity with the Agreement, the Buyer/Consumer may request that it be brought to a condition compatible with the Agreement by lowering the price or withdrawing from the Agreement unless the Seller immediately and without undue inconvenience to the Buyer/Consumer replaces the Product with a Product free of defects or removes the defect.
8. If the Product has already been replaced or repaired or the Seller has not satisfied the obligation to replace the Product with a defect free of defects or deletion, the Buyer/Consumer shall have the right to request a reduction in the price or withdrawal from the contract.
9. The consumer may instead of the defect proposed by the Seller request that the Product be replaced with defects free of defects, or instead of replacing the Product demand that the defect be removed, unless it is impossible to bring the item into conformity in a manner chosen by the Seller or would require excessive costs compared to the method proposed by the Seller.
10. Where the replacement of a Product for defects free or removal of defects is impossible or requires undue costs compared to the method proposed by the Seller, or if the Seller fails to make such a request in good time, or where this would expose the Consumer to significant inconveniences, he shall have the right to require an appropriate reduction of the price or to withdraw from the sales contract.
11. The Buyer/Consumer may not withdraw from the contract if the non-compliance of the Product with the contract is irrelevant.
12. In order to ensure that the complaint process is carried out effectively, the complaint declaration should indicate the data enabling the identification of transactions and personal data of the Buyer/Consumer indicated in the Order Form as well as the order number, a description of the reason for the complaint and the time and circumstances of the Product defect. In addition, the Buyer/Consumer should indicate whether he requests repair of the Product, its replacement or a reduction or refund of the price.
13. The Buyer/Consumer shall be informed of the outcome of the complaint by e-mail or by telephone within 30 days of receipt of the complaint.
14. If the Contract is a Consumer, there is a possibility of using out-of-court means of handling complaints and redress in legal relations with the Consumers, including:
o The possibilities for resolving disputes by electronic means through the ODR platform (online dispute resolution), available at: http://ec.europa.eu/consumers/odr/.
the possibility of conducting amicable proceedings before a general court or arbitration court or other bodies.
o the possibility of conducting mediation proceedings involving an independent mediator.
15. Where the complaint lodged by the Consumer has not been resolved, the Seller shall forward to the Consumer on paper or any other durable medium a statement of:
of the intention to request or agree to take part in an out-of-court dispute resolution procedure; or
o Refuse to take part in the out-of-court settlement of consumer disputes proceedings.

§9 [Security of personal data]

1. The Seller processes personal data supplied by Customers in accordance with applicable law, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119 of 4.5.2016, hereinafter the “Regulation”). In particular:
about the Seller shall ensure that these data are:
– processed in accordance with the law, in a fair and transparent manner for Clients and other data subjects;
– collected for specific, explicit and legitimate purposes and not further processed in a manner incompatible with those objectives;
– adequate, appropriate and limited to what is necessary for the purposes for which they are processed;
– correct and updated if necessary;
– kept in a form that enables the data subject to be identified for no longer than is necessary for the purposes for which the data are processed;
– processed in such a way as to ensure adequate security of personal data, including protection against unauthorised or unlawful processing and accidental loss, destruction or damage, by appropriate technical or organisational means.
o The Seller shall take appropriate technical and organisational measures to ensure that the personal data processed are protected according to the nature, scope, context and purpose of the processing and the risk of violation of the rights or freedoms of natural persons.
o Seller provides access to personal data and the exercise of other rights to Clients and other data subjects, in accordance with applicable law.
2. The basis for the processing of personal data is the consent of Clients or the occurrence of other conditions which entitle to the processing of personal data according to the Regulation.
3. The Seller shall ensure that the rights of persons whose personal data are processed under the relevant rules, including those persons, are exercised:
o Right to withdraw consent on the processing of personal data;
o The right to information relating to their personal data;
o The right to control the processing of data, including their completion, updating, straightening, erasure;
o Right to object to processing or to restrict processing;
o The right to complain to the supervisory authority and to use other legal measures in order to protect its rights.
4. The person having access to personal data shall process it only on the basis of the Seller’s authorisation or contract to entrust the processing of personal data and only at the Seller’s request.
The Seller shall ensure that no personal data is made available to other entities than those authorised under the relevant laws, unless required by European Union law or Polish law.
5. The Seller may, in addition to other cases arising from legal provisions, process the following personal data of the Buyer and Consumer necessary to establish, shape, modify or terminate the contract:
the name of the Buyer and Consumer;
the permanent address of residence;
the address for correspondence, if different from the address of residence;
the e-mail addresses of the Buyer and Consumer;
the telephone number;
6. The seller may process, with the consent of the Buyer and Consumer for the purposes of advertising, market research and behaviours and preferences of the Clients for the purpose of improving the quality of the services provided by the Vendor, other data concerning the Buyer and Consumer which are not necessary to provide the service electronically.

§10 [Newsletter]

1. The Buyer/Consumer has the option to subscribe to the Newsletter created and sent by the Seller. The newsletter shall be sent to the e-mail address provided by the Buyer/Consumer and shall contain information related to the current business and offer of the Vendor;
2. Receive the Newsletter is free of charge.
3. The newsletter is sent only to the Buyer/Consumer who has expressed his desire to receive it. Consent to receive the Newsletter is tantamount to consenting to the processing of personal data related to the service of the Newsletter.
4. The Buyer/Consumer may at any time opt out of receiving the Newsletter.

§11 [Privacy policy]

1. In order to optimize content available in the Seller’s websites, adapt them to the individual needs of each Buyer/Consumer, as well as for advertising and statistical purposes, the Seller uses information stored using cookies on the Buyer’s/Consumer’s terminal devices.
2. Cookies The Buyer/Consumer can control using the settings of its web browser.
3. Further use of the Seller’s websites, without changing the settings of the web browser means that the Buyer/Consumer accepts the policy of using cookies.

§12 [Final provisions]

1. The law applicable to sales contracts concluded with the Seller as part of the Online Shop’s business is Polish law.
2. In matters not regulated by the Rules of Procedure, the relevant provisions of applicable law apply in legal relations with the Clients.
3. The court competent to settle the dispute between the Seller and the Customer will be the court competent according to the Vendor’s headquarters. The court competent to settle the dispute between the Seller and the Consumer by way of the Seller will be the court having jurisdiction according to general principles (court of residence or consumer residence) and the Consumer Court having jurisdiction according to general principles (court of the Seller’s premises) or other favourable to the Consumer (in accordance with Article. 31-37 Code of Civil Procedure).
4. The Regulations apply from 1.01.2021.
5. In the scope not regulated by these Terms and Conditions, the General Terms of Sale and Delivery shall apply between the Seller and the Buyer who is not a Consumer.
6. The current content of the Rules of Procedure is constantly available on the Online Store website and provided free of charge to the Buyer/Consumer (electronic) at each request.
7. The Seller reserves the right to change the Rules of Procedure. Changes to the Rules of Procedure will be announced on the Online Store website each time and will apply from the moment they are clearly indicated and posted on the Online Store website. The notice of amendment to the Rules of Procedure will include the date of its publication on the Online Store website. In the event that amendments to the Rules of Procedure are made after the Order has been submitted, the Parties to such Contract shall be bound by the provisions of the Rules of Procedure. The Parties shall be bound by the provisions of the Rules of Procedure in force at the time of placing the Order.