§ 1 [Preliminary provisions]
The owner of the ESA online store operating under the domain esacounit.com is European Security Academy Spółka z o.o. spółka komandytowa, headquarters in Wrocław (53-140), Poland, at ul. Powstańców Śląskich 202, entered into the National Court Register kept by the District Court for Wrocław Fabryczna in Wrocław, VI Department of the National Court Register under the number KRS: 0000738742, e-mail: info@esacounit.com.
The subject matter of the ESA online store operating under the domain esacounit.com is the online sale of products presented in the store.
The Regulations specify the conditions and types of services provided electronically in accordance with the provisions of the Act of 18 July 2002 on the provision of services by electronic means (i.e. Journal of Laws of 2019, item 123); the Act of 30 May 2014 on consumer rights (consolidated text, Journal of Laws of 2019, item 134) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in in connection with the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (Journal of Laws EU L 119/1) by European Security Academy Spółka z o.o. spółka komandytowa based in Wrocław for the use of the online store operating under the domain esacounit.com as well as the conditions for concluding and terminating contracts for the provision of such services, in particular:
terms and conditions of placing orders for the electronic delivery of goods via the ESA online store operating under the domain esacounit.com,
rules for concluding sales contracts through the ESA online store operating under the domain esacounit.com and the conditions for their resolution,
complaint procedure;
terms of withdrawal.
Products and content presented in the ESA online store operating under the domain esacounit.com , in particular advertisements, price lists and other information are not an offer within the meaning of art. 66 and 661 of the Act of 23 April 1964 Civil Code (j. Journal of Laws of 2019, item 1145 as amended), but they are an invitation to submit offers.
Trade names, manufacturer names, logos, materials, descriptions and photos, also trademarks, found in the ESA online store operating under the domain esacounit.com. are used for informational purposes only and were previously marketed by the owners of these items.
The buyer is obliged to use the ESA online store operating under the domain esacounit.com. in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland in accordance with the provisions of the Regulations, as well as with the general principles of using the Internet. The provision of unlawful content, e.g. content that promotes violence, advertises promotion of alcohol or tobacco products and similar items, is defamatory or violates personal rights and other rights of third parties is prohibited.
§ 2 [Definitions]
The terms used in the Regulations mean:
Store – an internet portal operating at the address: esacounit.com, owned by European Security Academy Spółka z o.o. spółka komandytowa with headquarters in Wrocław (53-140), Poland, ul. Powstańców Śląskich 202, entered into the National Court Register kept by the District Court for Wrocław Fabryczna in Wrocław, VI Department of the National Court Register under the number KRS: 0000738742, e-mail: info@esacounit.com.
Personal Data - any information regarding an identified or identifiable natural person. An identifiable person is a person who can be directly or indirectly identified, in particular on the basis of an identifier such as a name, identification number, location data, online identifier or one or several specific factors determining physical, physiological, genetic, mental, economic, cultural or social identity of the individual,
Buyer - a natural person, legal person or organizational unit without legal personality who uses the service,
Consumer - a natural person making a legal transaction with the Store not directly related to the business or professional activity of that person,
Seller - European Security Academy Spółka z o.o. spółka komandytowa with headquarters in Wrocław (53-140), Poland, at ul. Powstańców Śląskich 202, entered into the National Court Register kept by the District Court for Wrocław Fabryczna in Wrocław, VI Department of the National Court Register under the number KRS: 0000738742, e-mail: info@esacounit.com.
Service - services provided to the Buyer electronically for a fee or free of charge, through the Store, including, among others, the presentation of Products in the Store, the possibility for the Buyer to place an Order and the conclusion of a sales contract for the Products presented in the Store or the implementation of services available in the Store;
Agreement - an agreement between the Store and the Buyer under which the Store is obliged to provide Services covered by the Regulations,
Means of electronic communication - technical solutions enabling individual remote communication using data transmission between ICT systems, in particular electronic mail,
Product - a movable item presented in the Store that can be ordered by the Buyer,
Order - the Buyer's declaration of intent constituting an offer to conclude a Product sales contract with the Seller,
Order Form - a form that allows placing an Order in the Store,
Acceptance of the Order - a declaration of intent by the Seller about the acceptance of an offer to conclude a Product sales contract with the Seller,
Order cancellation - the Seller's declaration of intent not to conclude a Product sales contract with the Buyer due to lack of timely payment,
Working days - days of the week from Monday to Friday, excluding public holidays.
§ 3 [Services]
The Buyer undertakes to use the Store in a manner consistent with the Regulations, applicable law and decency.
The Regulations are made available free of charge in a manner enabling the Buyer to obtain, reproduce and record them using the ICT system used by the User on the Store's website at: esacounit.com
The Regulations bind the User from the moment they are made available in a way that makes it possible to become familiar with its content.
The use of the Store Services does not require registration.
§ 4 [Placing an Order. Implementation of the Order]
Products presented in the Store are not an offer, but an invitation to submit offers by the Buyer.
The prices of Products presented in the Store are expressed in Polish zlotys (PLN) and include VAT. The price of Products does not include delivery costs. After placing the Order, the price of the Product is not subject to change.
Placing an Order consists of correctly completing the Order Form in a way that allows the correct identification of the Buyer, his/her shipping address and the subject of the Order and its confirmation by pressing the "I order with an obligation to pay" button.
Placing an Order means submitting an offer to the Seller to conclude a contract of sale of selected Products at the price indicated in the Store. The Store will confirm the Acceptance of the Order from the Buyer.
The Store will confirm Acceptance of the Order within 24 hours by sending relevant information by e-mail to the e-mail address provided by the Buyer. In the confirmation of the Order Acceptance, the Buyer will receive a summary specifying the subject of the Order, indicated unit and total prices of selected Products and delivery costs.
The sales contract is concluded when the Store accepts the Order.
The condition of submitting the Order for execution is payment of the price indicated in the Order Acceptance confirmation. Failure to pay within 3 business days of the Order Acceptance, despite the Buyer's request for payment, results in the Order being canceled.
The delivery time is 24 hours. The delivery time consists of completing the Order and handing it over to the carrier. The delivery time by the carrier(s) indicated on the Store's website shall not be included in the delivery time. The duration of the contract begins when the price is paid in accordance with paragraph 7 above.
In the event of temporary lack of availability of the Products selected by the Buyer, he/she will be informed about the possible extension of the time of Order completion, together with an indication of the new time of Order completion. In the event of extending the duration of the Order, the Buyer will be able to immediately withdraw from the contract, no later than within 3 days from the date of informing him/her of the extension of the Order. The above does not exclude the right to withdraw from the contract on the basis of the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2019, item 134).
Orders can be placed 24 hours a day, 7 days a week. The deadline for processing orders placed on Saturdays, Sundays and holidays begins on the first business day following the day of placing the order.
§ 5 [Payment methods. Delivery form]
Payment for the Order is made via the quick payment service ……………………… or by traditional transfer to the following account: ……………………………………………
The operator of the quick payment service is …………………………… with its registered office in ………………………., …. entered in the Register of Entrepreneurs of the National Court Register kept by the court ………………… Commercial Division of the National Court Register, under the National Court Register number: ………………., NIP (Tax Identification Number): ………………………, REGON (National Business Registry Number): ……………………… share capital: ………………………
If a traditional transfer is chosen as the payment method, the title of the transfer should include the name and surname of the Buyer or the company name of the Buyer and the order number provided in the Order Acceptance confirmation.
The Order will be delivered via a courier company or companies indicated on the Store's website at ………………………
The cost of delivery of the Order is the responsibility of the Buyer. The current price list including delivery costs is available on the Store's website at ……………………… . Delivery fees are automatically calculated for each item and specified when placing the order. Delivery costs may vary depending on the place of delivery, as well as the quantity and value of the Products ordered.
The store performs delivery within the territory of the Republic of Poland, as well as within the European Union and the following countries: …………………………………….
The risk of accidental loss or damage to the Product is passed to the Buyer who is a Consumer from the moment of its delivery to the Consumer.
The risk of accidental loss or damage to the Product is passed to the Buyer who is not a Consumer from the moment of entrusting it to the carrier by the Seller.
§ 6 [Withdrawal from the contract]
The Buyer who is a Consumer, has the right to withdraw from the contract without giving reasons within 14 days from the day on which the Consumer came into possession of the item, or the day on which a third party other than the carrier indicated by the Consumer came into possession of the item. If the subject of the contract is a set of items that are delivered separately, in batches or in parts, the 14-day deadline specified above starts on the day of taking possession of the last of the items, batch or part.
The right to withdraw from the contract is exercised by submitting to the Seller an unequivocal statement of withdrawal from the contract at the Buyer's option by sending the Seller the completed withdrawal form via e-mail or traditional mail to the e-mail or postal address indicated in § 1 point 1 of the Regulations. A model withdrawal form constitutes Annex no. 1 to the Regulations and is available on the Store's website indicated in § 1 point 1 of the Regulations in PDF (Portable Document Format).
If the Consumer has chosen a method of delivery of the returned Product other than the cheapest regular delivery method offered by the Store, the Store is not obliged to refund the additional costs incurred by the Consumer.
In the event of withdrawal from the Agreement, the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but not later than within 14 days from the day on which he/she withdrew from the contract.
The direct costs of returning the Product shall be borne by the Consumer, and then covered by the Seller on the terms set out in sub-paragraphs 3 and 8 of this paragraph.
The returned Product should not bear traces of use or be damaged, however, use or damage does not mean that withdrawal is not possible. In the event of withdrawal from the contract of a used or damaged Product, the Consumer is liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
In the event of return of a used or damaged Product, the Store has the right to deduct its claim under compensation for a decrease in the value of the Product with the Consumer's claim for reimbursement of costs raised in connection with the concluded Agreement.
The reimbursement of costs incurred by the Consumer will be made immediately, not later than within 14 days from the date of receipt by the Seller of the Product and returned to the Consumer to the bank account indicated by the Consumer.
The consumer is not entitled to the right to withdraw from the contract in relation to goods or services specified in art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2019, item 134), in particular if the subject of the Store's service was a non-prefabricated item, manufactured according to the Consumer's specifications or used to meet his/her individual needs, or Store services were items that due to their nature were inextricably linked to other items after delivery.
§ 7 [Liability for defects]
The Store undertakes to sell new Products, without defects. The Store is liable to the Buyer who is a Consumer if the Product sold has a physical or legal defect (warranty).
A physical defect consists in the non-compliance of the sold item with the contract. In particular, the sold item is inconsistent with the contract if it:
does not have properties that this type of item should have due to the purpose marked in the contract or resulting from unforeseen circumstances or destination,
does not have properties that the Seller has provided to the Buyer, including the sample or design,
is not suitable for the purpose of which the buyer informed the seller at the conclusion of the contract, and the seller does not raise any objections to its intended use,
was released to the buyer incomplete.
If the sold Product has a defect, the Consumer may submit a statement on the price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Consumer replaces the Defective Product with a non-defective Product or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller.
The consumer may also request replacement of the Product for one free of defects or removal of the defect. The seller is obliged to replace the defective product with a product free of defects or remove the defect within a reasonable time without undue inconvenience to the consumer. The Seller may refuse to satisfy the Consumer's request if bringing the defective Product into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs in comparison with the second possible method of bringing it into conformity with the contract.
If a physical defect was confirmed within one year from the date of delivery of the Product to the Consumer, it is presumed that the defect or its cause existed at the time the item was passed to the Consumer.
The consumer may not withdraw from the contract if the defect is irrelevant.
Instead of accepting the removal of the defect proposed by the Seller, the consumer may request replacement of the Product for one free of defects or instead of the replacement of the Product request removal of the defect, unless bringing the Product to compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessive costs, the value of the Product free from defects, the type and significance of the defect found are taken into account, as well as any inconvenience to which the Consumer would otherwise be exposed.
The consumer may submit a complaint regarding the performance of the Service by sending it to the Store's address specified in § 1 point 1 of the Regulations, via e-mail or traditional mail. Complaints indicating defects or reservations should be reported immediately, no later than within 14 days of noticing the defect.
The complaint should include, among others, the description of defects or complaints and method of contacting the Consumer (e-mail address, telephone number, fax number, or correspondence address). The Store reserves the right to contact the Consumer using this data or data previously provided in connection with the conclusion of the contract and the possibility of contacting the Consumer to supplement information regarding the complaint.
The complaint should include a scan or copy of the VAT invoice.
The store considers complaints within 14 days of receiving the complaint at the latest.
The rights of the Buyer who is not a Consumer under the warranty for defects referred to in art. 556 et seq. of the Civil Code of April 23, 1964 (Journal of Laws of 2019, item 1145 as amended) are excluded.
Products sold in the Store may also have a manufacturer's warranty, which is granted on the terms set out in the warranty card attached to the Product.
§ 8 [Personal data]
By placing an order, the Buyer is asked to consent to the processing of his/her Personal Data (name and surname, address, telephone number, e-mail address, and - in the case of Buyers who are not Consumers - NIP number) by the Seller for the purpose of providing services by the Store by ticking the appropriate checkbox before placing the Order. Processing of Personal Data is necessary for the provision of Services by the Store. The processing of personal data takes place on the basis of the Act of 10 May 2018 on the protection of personal data (Journal of Laws 2019 item 1781) and the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and repealing Directive 95/46/ EC (general regulation on data protection) (Journal of Laws EU L 119/1), in particular art. 6 clause 1 point b of the above mentioned Regulation.
The buyer can withdraw the consent mentioned in paragraph 1 above at any time in any way. Withdrawal of consent does not affect the lawfulness of the processing based on consent before its withdrawal.
The controller of personal data is European Security Academy Spółka z o.o. spółka komandytowa with headquarters in Wroclaw (53-140), Poland, at ul. Powstańców Śląskich 202, entered into the National Court Register kept by the District Court for Wrocław Fabryczna in Wrocław, VI Department of the National Court Register under the number KRS: 0000738742, e-mail: info@euseca.com.
Personal data shall be protected and will be stored in accordance with the security principles set out in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repeal Directive 95/46 / EC (General Data Protection Regulation) (Journal of Laws EU L 119/1), solely for the purpose of providing Services by the Store.
The recipients of Personal Data are entrepreneurs authorized to carry out economic activities in the field of road transport of goods and entrepreneurs conducting economic activity in the field of accounting activities. Personal Data is provided to Data Recipients only for purposes related to the implementation of the Agreement and the fulfillment of statutory obligations by the Seller.
The buyer has the right to free access (at any time) to his/her Personal Data, including correcting (editing), rectifying, deleting as well as to limit or request to cease processing his/her Personal Data.
Personal data of the Buyer who is a Consumer, provided by him/her when using the Service, will be automatically and irretrievably deleted after 2 years from the date of the Service by the Store, i.e. for the duration of the rights arising from § 7 of the Regulations.
Personal data of the Buyer who is not a Consumer, provided by him/her during the use of the Service, will be automatically and irretrievably deleted after 5 years from the end of the calendar year in which the payment for the Service was made by the Store, i.e. until the expiry of the tax liability limitation period for tax on goods and services.
The buyer has the right to object to the processing of his/her personal data at any time. An objection may be made in any form, including in writing, by phone or by e-mail.
The buyer has the right to receive from the Controller, in a structured, commonly used format which is readable, his/her Personal Data provided to the Controller. The buyer has the right to send the personal data received to another controller without any obstacles on the part of the Controller.
By exercising the right to transfer Personal Data referred to in paragraph 10 above, the Buyer has the right to request that Personal Data be sent by the Controller directly to another Controller if it is technically possible.
The buyer has the right to lodge a complaint to the supervisory body - the President of the Office for Personal Data Protection, if he/she believes that the processing of his/her personal data violates the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in connection with 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 119/1).
Consent to the processing of Personal Data is voluntary, but necessary to perform the Service. Failure to provide the Personal Data requested by the Store results in the Store's refusal to provide the Service.
§ 9 [Technical requirements]
The use of the Store requires that the Buyer has:
Internet access,
access to an individual e-mail account,
a web browser in the given or most recent version: ………………………………… ..
The use of the Store requires handling of cookies and …………………………………….
All costs associated with obtaining access to the Store by the Buyer, as well as using it shall be borne by the Buyer.
§ 10 [Final provisions]
These Regulations apply from the date of publication on the Store's website and constitute an integral part of the Agreement for the provision of electronic services concluded with the Buyer.
The Store reserves the right to amend these Regulations at any time. Amendments to the Regulations enter into force after 14 days from the date of placing the Regulations on the Store's website indicated in § 1 point 1 of the Regulations.
The Store notifies the Buyer of its intention to amend the Regulations by sending the content of the new regulations to the e-mail address provided by the Buyer. The Buyer is bound by the Regulations valid at the time of conclusion of the Agreement.
Settlement of any disputes arising between the Store and the Buyer, who is a Consumer, is submitted to the competent courts in accordance with the relevant provisions of the Act of 17 November 1964 Code of Civil Procedure (Journal of Laws of 2019, item 1145, as amended).
Consumers have the opportunity to resolve disputes before an arbitral tribunal or submit it to the settlement of permanent consumer courts of arbitration operating at voivodship inspectorates of Trade Inspection. Consumers can also use the online platform for dispute resolution regarding contracts concluded at a distance between consumers and entrepreneurs, located at http://ec.europa.eu/consumers/odr.
Settlement of any disputes arising between the Store and the Buyer who is not a Consumer shall be submitted to a common court competent for the seat of the Seller.
In matters not covered in these Regulations, the provisions of the Act of 23 April 1964 Civil Code (Journal of Laws of 2019, item 1145, as amended), the provisions of the Act of 18 July 2002 on the provision of services that are provided electronically (i.e. Journal of Laws of 2019, item 123); Act of 30 May 2014 on consumer rights (consolidated text, Journal of Laws of 2019, item 134), Act of 10 May 2018 on personal data protection (consolidated text, Journal of Laws 2019, item 1781) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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) (Journal of Laws EU L 119/1) and other relevant provisions of common law in force in Poland apply.
The store and its individual components constitute a work within the meaning of the provisions of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 2019, item 1231 as amended) and is subject to the protection provided for by the abovementioned provisions.