§ 1

General provisions

 

1. These Regulations define types, scope and conditions of providing electronic services by Dometic Poland Sp. z o.o. seated in Warsaw, ul. Puławska 435 A, 02 - 801 Warsaw, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register under KRS number: 0000374897, NIP: 1080009764, REGON: 142743886; telephone: +48 22 414 32 00; e-mail address: info@dometic.pl,

 

2. Terms used in the Regulations mean:

 

○ Service Provider: Dometic Poland Sp. z o.o. seated in Warsaw, ul. Puławska 435 A, 02 - 801 Warsaw, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register under KRS number: 0000374897, NIP: 1080009764, REGON: 142743886;

 

○ User: A natural person, legal entity or organizational unit using the Services;

 

○ Consumer: A natural person who enters into a legal transaction with an entrepreneur not directly related to his business or professional activity within the scope of Article 221 of the Civil Code;

 

○ Services: Services provided electronically by the Service Provider, listed in § 2 sec. 1 of these Regulations

 

○ Act: Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended).

 

§ 2

Services

 

1. These Regulations apply to the following Services provided electronically by the Service Provider

 

○ Browsing the contents of the https://www.dometic.com/pl-pl and its subpages and tabs,

 

○ Downloading files made available at https://www.dometic.com/pl-pl and its subpages and tabs,

 

○ Using the Ordering Platform Online Service available at https://www.dometic.com/pl-pl/pl/login.

 

2. The scope and detailed rules of using the Services are set out in the further part of the Regulations.

 

§ 3

General Terms and Conditions of the Services

 

1. The Service Provider provides Services to the User in the scope and on the terms and conditions specified in these Regulations.

 

2. The use of the Services by the User is free of charge.

 

3. In order to use the Services, the User must meet the following technical requirements necessary to cooperate with the Service Provider's IT system:

 

○ access to the Internet (minimum 256 kbps connection);

 

○ Internet browser: Internet Explorer, Opera, Firefox, Google Chrome or Safari, accepting cookies.

 

and in the case of the Ordering Platform Online Service, additionally:

 

○ having an e-mail account (e-mail).

 

4. The User is obliged to comply with these Regulations. The commencement of using any of the Services is tantamount to full acceptance by the User of the terms of these Regulations without the need to draw up a separate agreement.

 

5. The User is obliged to comply with the prohibition of abuse of electronic communication means and to provide to the Service Provider the following content:

 

○ causing destabilization or overloading of the IT systems of the Service Provider or other entities that participate directly or indirectly in rendering the Services,

 

○ inconsistent with the generally applicable law,

 

○ violating the rights of third parties, generally accepted social or moral norms, harmful to good manners; offensive or violating anyone's dignity.

 

6. The contract for providing of Services shall be concluded at the moment the User places in the web browser the appropriate URL address of websites selected by him, containing the content made available as part of the Services or by using the redirection to such websites.

 

7. In cases affecting the security or stability of the IT system, the Service Provider has the right to temporarily disable or limit rendering Services without prior notice and to carry out maintenance works aimed at restoring the security and stability of the IT system.

 

8. The Service Provider reserves the right to discontinue providing of the Services in the event of a breach of these Regulations by the recipient, breach of applicable law or generally accepted social and moral standards.

 

9. Notwithstanding the above, the Service Provider has the right to discontinue providing of the Services at any time, if such justified request is made by the Internet provider or other authorized entity.

 

10. The Service Provider is not liable for interruptions in providing Services resulting from failures or malfunctioning of IT systems that are outside the Service Provider's capacity, including in particular damages caused by defective transmission system operation, including equipment failures, delays or disruptions of transmission of information.

 

11. The content presented as part of the services is provided by the Service Provider in the form found by the User, without any warranties, express or implied. The Service Provider has made every effort to ensure that these contents are up to date and complete, but they may contain errors and inaccuracies. The Service Provider is not responsible for the manner of using the content provided, or its suitability for a specific use, as well as for any direct and indirect losses resulting from the use of the website. The Service Provider shall not be liable for any damage or viruses that may infect User's equipment while using the Services, in particular in connection with downloading any materials, files, text materials, photos, graphics, sound and film. The Service Provider may publish links to other websites and is not responsible for the materials contained on these websites.

 

§ 4

Browsing the contents of the site https://www.dometic.com/pl-pl and its subpages and tabs

 

1. The Service Browsing the contents of the https://www.dometic.com/pl-pl and its subpages and tabs consists of enabling the User to view the content provided by the Service Provider at https://www.dometic.com/pl-pl and its subpages and tabs. These contents are made available by the Service Provider for informational purposes only.

 

2. The service referred to in sec. 1 above is available for each User.

 

3. In order to use the Service referred to in sec. 1 above, the User should enter the appropriate URL address in the web browser of the page chosen by him that is made available as part of the Service or use the redirection to such page.

 

§ 5

Downloading files made available at https://www.dometic.com/pl-pl and its subpages and tabs

 

1. Service of Downloading files made available at https://www.dometic.com/pl-pl and its subpages and tabs consists of enabling the User to download files made available by the Service Provider at https://www.dometic.com/pl and its subpages and tabs. These files are made available by the Service Provider for informational purposes only.

 

2. The service referred to in sec. 1 above is available for each User.

 

3. In order to use the Service referred to in sec. 1 above, the User should enter in the web browser the appropriate URL address of the page chosen by him containing the file made available as part of the Service or use the redirect to such page and then download the file by clicking the appropriate button next to the file.

 

§ 6

Using the Ordering Platform Online Service available at https://www.dometic.com/pl-pl/pl/login

 

1. Using the Ordering Platform Online Service available at https://www.dometic.com/pl-pl/pl/login consists of enabling the User as a buyer to enter into the contracts of sale with the Service Provider as a seller for products offered by the Service Provider.

 

2. The service referred to in sec. 1 above is available only for Users who are not Consumers.

 

3. In order to use the Service referred to in sec. 1 above, the User should obtain access to the Ordering Platform Online; for this purpose:

 

○ The User submits an application to enable him to use the Ordering Platform Online Service; for this purpose, the User registers on the start page of the Ordering Platform Online by completing the registration form posted there.

 

○ Upon receipt of the registration form, the Service Provider contacts the User to verify the data contained in the registration form, as well as obtaining from the User additional information and documents necessary to make a decision on accepting or rejecting the application for the use of the Ordering Platform Online Service.

 

○ If the User meets the conditions enabling him to use the Ordering Platform Online Service, the Service Provider registers him as a user of the Service and sends activation e-mail to the Service to the e-mail address provided during registration.

 

○ After receiving the activation e-mail to the Service, the User activates the Service by setting up a password to access the Service and logging into the Service.

 

4. After gaining access to the Ordering Platform Online, the User may use it in the following way:

 

○ The User searches for the product offered for sale via the Ordering Platform Online.

 

○ On the product page, the User checks: product description, indicative product availability and product purchase price.

 

○ If the product is marked as "Available in stock", the user can add the product to the basket indicating the number of pieces of the product.

 

○ The User continues to add products to the cart until the full order is completed.

 

○ After completing the order, the User selects the "Confirm and go to payment" button.

 

○ In order to confirm the order, the User confirms the address to be provided on the VAT invoice, delivery address; it may also provide its own order number and specify the expected delivery date (if it is later than the date specified by the Service Provider).

 

○ In the "Order overview" section, the net price of the ordered products is seen, as well as the net cost of transport and the VAT value.

 

○ To successfully confirm the order, the User must check the box "By placing the order I accept the Dometic Poland Sp. z o.o.’s General Terms and Conditions of Sale and the Regulations for the Provision of Services via the Internet Store Dometic Poland Sp. z o.o. and click the "Order" button.

 

○ After receiving the order, the Service Provider verifies it to confirm its acceptance. The order will not be confirmed and will not be forwarded for dispatch if the value of the order exceeds the currently available User's purchase limit. In case of positive verification of the order, the Service Provider accepts and confirms it, giving it the status "in progress".

 

○ The User can track the order by using the "Order history" option, showing the current status of shipments and invoices.

 

○ In case of an order for which the Service Provider has already issued a VAT invoice, the User has the option to view and download this invoice.

 

5. The contract of sale concluded using the Ordering Platform Online Service is concluded on the terms specified in the Dometic Poland Sp. z o.o.’s General Terms and Conditions of Sale Dometic Poland Sp. z o.o.’s General Terms and Conditions of Sale https://www.dometic.com/pl-pl/gtcs (hereinafter: GTCS) with the following modifications:

 

○ Orders will be placed and confirmed in the mode described in sec. 4 above. Provisions § 2 sec. 2 - 6 shall not apply.

 

○ After confirming the order, the User cannot cancel or change it. The User bears sole responsibility for erroneous specification of the type (code) or quantity of ordered products, as well as for any damages and costs resulting from this fact, and he is not entitled to any claims against the Service Provider related to this. The User cannot refuse to accept the delivery of products covered by such order.

 

○ Each order placed in the mode described in sec. 4 above will be treated as submitted by the User. The User bears sole responsibility for placing an order by a person who has obtained even unauthorized access to the User's account, as well as for any damages and costs resulting from this fact, and it is not entitled to any claims against the Service Provider related to this. The user cannot refuse to accept the delivery of products covered by such order.

 

○ The User may place orders only for products in the Service Provider's current offer as of the day of placing the order. The assortment of products included in the Importer's offer will be determined by the status of product availability visible on product pages appearing in the content of the Service (annotation "Available in stock" or "None" on the product pages.) Provisions of § 3 sec. 1 of the GTCS do not apply.

 

§ 7

User's personal data

 

1. The processing of personal data of Users who are natural persons may refer to: first name, surname, NIP number, REGON number and e-mail addresses provided during registration at the Ordering Platform Online Service.

 

2. The Service Provider declares that it applies technical and organizational measures to ensure the protection of personal data adequate to the threats and categories of data protected, in particular, protects data against unauthorized access, taking it by an unauthorized person, processing in violation of applicable law and change, loss, damage or destruction.

 

3. The rules for processing of personal data in the teleinformation networks of the Service Provider are set out in the Privacy Policy posted in the tab https://www.dometic.com/pl-pl/pl/zasady-zachowania-poufności-informacji

 

§ 8

Intellectual property rights

 

1. All rights to the content (including in particular: texts, graphics, logos, icons, images, photos, audio files, videos, data files, presentations, programs and any other data) that are part of the Services are vested in the Service Provider or third parties that have agreed to distribute them by the Service Provider under the conditions set out in these Regulations. The choice and layout of the content presented on the website of the Service Provider is an independent area of legal and copyright protection.

 

2. The User has the right to use content that is a part of the Services only on the terms and conditions set out in these Regulations. Except as otherwise provided in these Regulations, the User undertakes to use any content presented in the Services for personal use only.

 

3. Beyond the scope of fair use, no part of the publication (content such as: text, graphics, logos, icons, images, photos, audio, video files with data, presentations, programs and any other data) presented on the website https://www.dometic.com/pl may be reproduced or distributed in any form and in any way without the prior consent of the Service Provider.

 

4. All materials, information or other messages provided or published by the User as part of the Services, are considered to be available to the Service Provider in a non-confidential, non-exclusive, free of charge, irrevocable, fully licensed and non-restricted manner. The Service Provider will not have any obligations regarding these materials. The Service Provider shall be entitled to disclose, copy, distribute, include or otherwise use these materials, including all data, images, sounds, text and other objects contained therein, for any commercial or non-commercial purposes.

 

§ 9

Complaint procedure

 

1. Complaints regarding the functioning of the Services may be sent to the email address: info@dometic.pl or in writing to the address of the Service Provider.

 

2. Complaints should be filed if possible within 7 (seven) days from the day when the reason for the complaint occurred.

 

3. The complaint should contain a short description of the problem which is the basis for lodging the complaint, the date and time of its occurrence and the User's identification (including his name, surname or business name, postal address and e-mail address).

 

4. The Service Provider will make every effort to resolve complaints within 14 (fourteen) days of their receipt by the Service Provider. The Service Provider will immediately inform the complaining party about the result of the complaint settlement by e-mail to the e-mail address provided in the complaint.

 

5. Settlement of any disputes arising between the Service Provider and the User who is a Consumer is subject to the competent courts in accordance with the provisions of the Code of civil procedure. Settlement of any disputes arising between the Service Provider and the User who is not a Consumer is subject to the courts competent for the seat of the Service Provider at the respective time.

 

6. The User who is a Consumer has the possibility to use the out-of-court method of dealing with complaints and pursuing claims before the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection in Warsaw. Information on how to access the above-mentioned dispute resolution procedure can be found at: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

 

§ 10

Information on specific risks related to the use of the service provided electronically

 

1. The Service Provider, pursuant to article 6 p. 1 of the Act, informs about special risks related to the use of services rendered electronically.

 

2. The basic threats related to using the Internet include:

○ Malware - various types of applications or scripts that have harmful, criminal or malicious activity in relation to the user's IT system, such as viruses, worms, trojans, keyloggers, dialers, etc.

 

○ Spyware - programs that track user activities, that collect information about the user and send it - usually without their knowledge and consent - to the spyware user;

 

○ Spam - unwanted and unsolicited electronic messages sent simultaneously to many recipients, often containing advertising content;

 

○ Extortion of confidential personal information (e.g. passwords) by impersonating a trustworthy person or institution (phishing);

 

○ Intrusion into the user's computer system using, among others such hacking tools as exploit and rootkit.

 

3. The user, in order to avoid the above threats, should provide his computer and other electronic devices that he uses by connecting to the Internet with an antivirus program. Such a program should be constantly updated. Protection against threats related to the use of electronic services by users also provides:

 

○ Enabled firewall,

 

○ Update of all software,

 

○ Not opening e-mail attachments of unknown origin,

 

○ Reading application installation windows, as well as their licenses,

 

○ Disabling macros in MS Office files of unknown origin,

 

○ Regular overall system scans with anti-virus and anti-malware software,

 

○ Encryption of data transmission,

 

○ Installation of prevention programs (detection and intrusion prevention),

 

○ Using the original system and applications from a legitimate source.

 

§ 11

Technical measures used by the Service Provider to secure Users' systems

 

1. The Service Provider enables the User free of charge:

 

○ Use by the User of the service in a way that prevents access of unauthorized persons to the content of the message constituting this service, in particular using cryptographic techniques appropriate for the properties of the service provided,

 

○ In the case of the Ordering Platform Online Service - unambiguous identification of parties of the service and confirmation of the submission of declarations of will and their content, necessary to conclude an electronic contract for providing this Service,

 

○ Termination, at any time, of the service provided electronically.

 

§ 12

Information about the function and purpose of the software or data which are not a component of the
content of the service, entered by the Service Provider to the IT system used by the User

 

1. The Service Provider, pursuant to article 6 p. 2 of the Act, informs that the function and purpose of the software or data which are not a component of the content of the service, introduced by Dometic Poland Sp. z o.o. to the IT system used by the User are specified in the tab https://www.dometic.com/pl-pl/pl/informacja-o-stosowaniu-plików-cookie

 

§ 13

Final provisions

 

1. These Regulations, as well as contracts for providing electronic services concluded on its basis are subject to Polish law.

 

2. The content of these Regulations may be recorded by the User by print, saving on a medium or downloaded at any time from the website: https://www.dometic.com/pl-pl/e-regulations.

 

3. The Service Provider has the right to make changes to these Regulations at any time. All changes will be posted on the website https://www.dometic.com/pl-pl/e-regulations

and they will come into force on the day of their publication. Use of the Services after the introduction of changes to the Regulations means that they are accepted.

 

4. These Regulations enters into force on September 20, 2019.