TERMS AND CONDITIONS OF WAMTECHNIK SERVICE

(”Regulations”)

  1. General Provisions
    1. The owner and administrator of the Service (as defined below), is Wamtechnik Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (02-765) at Al. Wilanowska 7 lok. 3, entered in Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XIII Commercial Division, under KRS number 0000179475, NIP: 5220104603, REGON: 012110050, e-mail address: office@wamtechnik.pl, phone +48 22 701 26 00.
    2. The Service is conducted for the purpose of providing services available electronically (“Services”).
    3. All rights to the Service are reserved. The above refers, inter alia, to the text elements, graphics, element layouts, forms posted on the Service. Users’ use of the Service does not acquire any rights to the Service. Use of the Service is permitted only within the scope of “permitted use” as defined in the Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws No. 24, item 83, as amended), the Act of July 27, 2001 on Protection of Databases (Journal of Laws No. 128, item 1402, as amended) and the Act of April 16, 1993 on Combating Unfair Competition (Journal of Laws, No. 47, item 211, as amended).
    4. By using the Service, the User confirms that he has read the Regulations and accepts the provisions contained therein in full and without reservation.
    5. Pursuant to Article 8 (3) of the Act of July 18, 2002 on the provision of services by electronic means, The Regulations specify in particular:
      1. types and scope of services provided electronically,
      2. terms and conditions for providing services electronically,
      3. the conditions for concluding and terminating agreements for the provision of services by electronic means,
      4. the mode of complaint procedure.
    6. The Regulations are made available to the User (as defined below) free of charge through the Service in a form that allows its acquisition, reproduction and recording.
    7. The Regulations shall apply to the Services specified therein.

  2. Definitions
    1. Authorized Person – a person designated by the Entrepreneur or Entrepreneur-Consumer, using the functionality of the Service on behalf of that Entrepreneur or Entrepreneur-Consumer.
    2. B2B Platform – a system of websites made available on the Internet server at b2b.wamtechnik.pl, being a collection of static and dynamic documents, containing graphic files, scripts and other elements of the collection connected by mutual relations and API, belonging to the Service Provider. The Terms of Use of the b2b Platform can be found at: https://b2b.wamtechnik.pl/regulamin,
    3. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing business activities on its own behalf,
    4. Entrepreneur Account (“Konto Przedsiębiorcy”) – Entrepreneur’s profile used to use the functionality of the b2b Platform. Details of registration and rules of use of the Entrepreneur Account can be found at: https://b2b.wamtechnik.pl/regulamin
    5. Entrepreneur-Consumer – a natural person concluding a contract for the provision of Services, directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for him/her, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity
    6. Newsletter – periodically sent electronic publication containing information about the activities of the Service Provider (as defined below), including promotional, commercial and marketing information, news about the Service Provider and the industry in which the Service Provider operates, may also include information about the Service Provider’s contractors and initiatives undertaken in conjunction with other entities;
    7. Regulations – these Regulations for the use of the wamtechnik.pl website;
    8. Service – the website available at www.wamtechnik.pl together with all its sub-sites and related sites where these Regulations are available.
    9. Service Provider or “Wamtechnik” – WAMTECHNIK Sp. z o.o., Al. Wilanowska 7 lok. 3, 02-765 Warsaw, registered by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Register under KRS number: 0000179475; REGON: 012110050; NIP: 522-01-04-603; Share capital: 113,143.00 PLN.
    10. Services – services provided electronically in accordance with these Regulations, including digital services within the meaning of the provisions of the Consumer Rights Act of May 30, 2014, understood in accordance with this Act as services that allow the User to:
      1. generation, processing, storage or access to data in digital form,
      2. sharing of data in digital form that has been transmitted or produced by the User or other users of this service,
      3. other forms of interaction by means of data in digital form;
    11. User – any person using the Service.
    12. User Account – User’s profile made available within the Service; a set of resources in the Service Provider’s ICT system marked with a login and password, allowing the User to use additional functionalities/services specified in the Regulations. The User logs into his/her User Account after registration.
      • WamSupport Battery Selection Calculator – additional service available to Users who have a User Account. WamSupport Battery Selection Calculator service is a digital service within the meaning of the provisions of the Act of May 30, 2014 on Consumer rights;

  3. Services
    1. Through the Service, the Service Provider provides the following Services:
      1. ”Content Delivery”,
      2. ”Contact Form”,
      3. ”Complaint Form”,
      4. ”Newsletter”,
      5. Social network plug-ins,
      6. „WamSupport Battery Selection Calculator”
      7. Other Services available on the Service, currently available to Users.
    2. The User is obliged to use the Service, Services in a manner consistent with The Regulations and applicable laws.
    3. The contract for the provision of Services by electronic means is concluded at the moment the Service Provider starts providing the Services made available on the Service.
    4. Content Delivery
      1. Use of the Service for Content Delivery begins when any page of the Service is opened and ends when the last page of the Service is closed.
      2. Use of the Service in terms of delivered content is free of charge, but requires a device with access to the Internet and a standard web browser.
      3. Content Delivery refers to the Services, as well as other products and services offered by the Service Provider, but not covered by these Regulations, information about news, events concerning the Service Provider. The Content Delivery may also include information about business contractors and entities related to the Service Provider or its areas of interest and activities.
    5. Contact Form
      1. The User can contact the Service Provider via the Contact Form provided on the Site.
      2. In order to make contact through the Contact Form, the User should indicate his/her name, e-mail address, telephone number and the content of the message, and then click “Send”. A representative of the Service Provider will contact the User outside the Service in one of the ways provided by the User (e-mail, telephone).
    6. Complaint Form
      1. The User may file a complaint regarding the operation of the Service through the Complaint Form available on the Site.
      2. Using the Complaint Form, a complaint may also be filed by the Service Provider’s clients using its services or ordering its products on the basis of other regulations available on the Service – the complaint procedure regarding the above is described in the relevant, separate regulations for the services in question.
    7. Newsletter
      1. In order to use the Newsletter service, the User should fill in the form available on the Service by providing his/her e-mail address. It is not allowed to use an e-mail address used by another person.
      2. The User is required to confirm the order of the Newsletter service by clicking on the confirmation link directed to the e-mail address indicated in the form.
      3. The provision of an e-mail address by the User is necessary for the Newsletter service.
      4. Newsletter service is voluntary, free of charge and provided only upon subscription.
      5. The Newsletter service consists of providing content about the Service Provider, its offerings, news, products and brand. The Newsletter contains commercial and marketing information of the Service Provider.
      6. The Newsletter is sent periodically for an indefinite period of time, until the Service Provider terminates the service or Newsletter service.
      7. Cancellation of the Newsletter service is possible at any time by clicking on the deactivation link included in each email sent to the User within the Newsletter service or by sending the cancellation to the email address: [X].
      8. The Service Provider may cancel the Newsletter service at any time, after informing subscribers.
    8. Social networking plug-ins:
      1. In terms of social networking plug-ins, the Service Provider exclusively provides plug-ins through their appropriate posting on the Service.
      2. Social networking plug-ins allow the User to go from the Service directly to the Service Provider’s account maintained on the social networking site.
      3. Both the operation of the plug-ins and the social networks themselves take place according to the rules and regulations of the individual social networks and are independent of the Service Provider.
      4. To the fullest extent permitted by law, the Service Provider is not responsible for the operation of plug-ins and social networks.
    9. WamSupport Battery Selection Calculator
      1. Additional service – WamSupport Battery Selection Calculator – is available after free and voluntary registration of a User Account. Creating a User Account is tantamount to concluding an agreement with the Service Provider for the provision of a free electronic service – the WamSupport Battery Selection Calculator, for an indefinite period of time, which may be terminated at any time under the terms set out in the Regulations. Access to the WamSupport Battery Selection Calculator is also available to holders of an Entrepreneur Account on the b2b Platform, under the terms set out at https://b2b.wamtechnik.pl/regulamin.
      2. The WamSupport battery selection calculator allows you to select lead-acid batteries offered by Wamtechnik Sp. z o. o
      3. Registration of a User Account on the Website is only possible for Users who are Entrepreneurs or Entrepreneur-Consumers.
      4. Registration takes place after the User accepts the provisions of the Regulations, completes the Registration Form and positive verification of data by the website administrator.
      5. Acceptance takes place by completing the fields with a declaration of acceptance of these Regulations.
      6. The User is obliged to provide the following data in the registration form:
        • Entrepreneur’s company,
        • name and surname of the User
        • User’s e-mail address;
        • User’s telephone number
      7. After entering the appropriate data, confirm the data in order to verify it and send the activation link.
      8. After positive verification of the data by Wamtechnik, in order to activate the User Account, Wamtechnik sends an activation link along with login data to the User’s e-mail address (provided during registration), after pressing which a message confirming the activation of the User Account is automatically sent to Wamtechnik. Until the activation link is clicked, the User Account remains inactive. The activation link (and further e-mail correspondence) is sent from the following address: kalkulator@wamtechnik.pl, and the User is obliged to ensure that e-mails from this address are not blocked by anti-spam software.
      9. The activation link is available for 48 (forty-eight) hours, after this time has expired, the registration procedure must be repeated.
      10. The User may consent to the processing of his or her personal data by Wamtechnik for marketing and advertising purposes as part of the services provided by Wamtechnik – this consent is voluntary. The above consents are expressed and receipt of information is confirmed by completing (ticking) the fields with the appropriate declarations.
      11. The User is obliged to properly store the login and password to the User Account, in particular to:
        • not to share the login and password to the User Account with any third parties,
        • immediately inform Wamtechnik about the need to block the User Account if the User has any doubts as to the knowledge of his login and password by any third party.
      12. The user also has the option of resetting the password himself – this is done by selecting the “Reset password” option.
      13. Wamtechnik reserves the right to unilaterally refuse to activate the User Account without giving reasons and the right to unilaterally deactivate or block the User Account if the User violates the law or the provisions of the Regulations.
      14. In order to use the WamSupport Battery Selection Calculator service, the User logs in with his/her User Account.
      15. The WamSupport Battery Selection Calculator service is voluntary and free of charge.
      16. The battery selection calculation is for illustrative purposes only and cannot be treated as a binding calculation constituting the basis for making any claims, including against the Service Provider.
      17. The Service Provider may resign from providing the WamSupport Battery Selection Calculator service at any time after informing the Users about it.
      18. The Service Provider is entitled to terminate the contract referred to in point. 1) above and discontinuing the provision of the service to the User in the event of a violation of the Regulations by the User, after previously unsuccessfully calling on the User to stop the violations. A declaration on the above subject may be submitted by sending a message to the e-mail address provided by the User.
      19. The User may, at any time and without giving a reason, resign from the WamSupport Battery Selection Calculator service by sending an appropriate request to the Service Provider via e-mail to the following address: kalkulator@wamtechnik.pl or in writing to the following address: Wamtechnik Sp. z o. o., ul. Techniczna 2, 05-500 Piaseczno. Submitting the above declaration results in termination of the contract referred to in point. 1) above, upon receipt by the Service Provider.
      20. The Service Provider will delete the User Account created on the Website within 30 business days from the date of expiry of the Agreement.

  4. Complaint procedure
    1. Users shall have the right to file complaints on matters concerning the performance of the Services.
    2. A complaint may be any objection or remark concerning the provision of the Services.
    3. Complaints should be submitted to the e-mail address odo@wamtechnik.pl or in writing to the Service Provider’s address indicated in these Regulations.
    4. Complaint should contain all information that will allow its consideration. If it is necessary to obtain additional information in order to consider the complaint, the Service Provider will contact the User submitting the complaint in order to supplement it.
    5. The Service Provider shall consider complaints immediately, no longer than within 14 (fourteen) days, and shall respond to the e-mail address from which the complaint was sent, unless the User filing the complaint indicated a different address, traditional or electronic, for responding.
    6. A complaint may be submitted anonymously, i.e. without specifying the identity of the User, if this is not necessary to consider the complaint and respond.
    7. The filing of a complaint by the User, as well as its non-recognition or leaving it unacknowledged by the Service Provider, does not affect the User’s right to pursue claims through the courts in accordance with applicable law.
    8. The Service Provider does not provide for the use of out-of-court means of handling complaints and claims.
    9. A complaint considered in accordance with these Regulations shall not be subject to further consideration by the Service Provider.

  5. Consumer warranty for services and digital content provided on the Service
    1. The provisions of this Section V. apply only to Users who are consumers or Entrepreneur-Consumers and shall apply only to the extent of the provisions of these Terms of Service regarding digital content and services.
    2. The Service Provider shall provide the User who is a Consumer or Entrepreneur-Consumer, digital content or digital service immediately after the conclusion of the contract.
    3. The digital content or service shall be deemed delivered when the digital content or service has been made available to the User who is a Consumer or Entrepreneur-Consumer, or downloaded to his mobile device, or when the User who is a Consumer or Entrepreneur-Consumer, or his mobile device, has accessed it. The Digital Service shall be deemed delivered when the User who is a Consumer or Entrepreneur-Consumer, or his mobile device, has accessed it.
    4. A User who is a Consumer or Entrepreneur-Consumer, may withdraw from the concluded agreement if the Service Provider has failed to provide him, despite his request to provide them, with the digital content or digital service, promptly or within the period expressly agreed upon by the parties.
    5. A user who is a Consumer or Entrepreneur-Consumer may withdraw from the contract without calling for delivery of digital content or digital service if:
      1. it is clear from Wamtechnik’s statement that it will not deliver the digital content or digital service or.
      2. Wamtechnik and the User who is a Consumer or Entrepreneur-Consumer agreed that a certain deadline for delivery of the digital content or digital service was of material importance to the User who is a Consumer or Entrepreneur-Consumer, and Wamtechnik failed to deliver it within that deadline.
    6. In case of withdrawal by the User, from the contract, the provisions of items. 15. – 15., shall apply accordingly.
    7. Digital content or digital service is in accordance with the contract if:
      1. their description, type, quantity, quality, features, and availability of technical support and updates correspond to the concluded contract;
      2. remain useful for the purpose for which they are needed by the User,
      3. are suitable for the purposes for which digital content or a digital service of this type is normally used;
      4. have characteristics typical of digital content or digital service of that kind and which a User who is a Consumer or Entrepreneur-Consumer may reasonably expect, taking into account the nature of the digital content or digital service and the public assurances made by Wamtechnik, its legal predecessors or persons acting on its behalf, in particular in advertising or on a label, unless Wamtechnik demonstrates that:
        • it did not know of the public assurance in question and, judging reasonably, could not have known of it,
        • prior to the conclusion of the contract, the public assurance was rectified in the terms and form in which the public assurance was made, or in a comparable manner,
        • the public assurance did not affect his decision to enter into the contract;
      5. are consistent with the trial version or announcement that was made available to the User who is a Consumer or Entrepreneur-Consumer by Wamtechnik prior to the conclusion of the contract,
      6. have been provided with instructions that the User who is a Consumer or Entrepreneur-Consumer may reasonably expect.
    8. Wamtechnik shall inform the User who is a Consumer or Entrepreneur-Consumer of updates necessary to keep the digital content or digital service in compliance with the contract, and shall provide them to the User who is a Consumer or Entrepreneur-Consumer.
    9. If the User who is a Consumer or Entrepreneur-Consumer fails to install the updates provided by the Service Provider in accordance with Section 8 within a reasonable time, the Service Provider shall not be liable for the digital content or digital service not being in compliance with the contract if:
      1. it informed the User who is a Consumer Entrepreneur-Consumer about the update and the consequences of not installing it;
      2. the failure to install or improper installation of the update was not due to errors in the installation instructions provided by the Service Provider.
    10. If the digital content or digital service does not comply with the contract, a User who is a Consumer or a Entrepreneur-Consumer may demand that it be brought into conformity with the contract. Wamtechnik shall be obliged to bring the digital content or digital service into conformity with the contract within a reasonable time and without undue inconvenience to such User.
    11. Wamtechnik may refuse to bring the digital content or digital service into conformity with the contract if bringing it into conformity with the contract is impossible or would require excessive costs for Wamtechnik.
    12. In assessing the excessive costs, all circumstances of the case shall be taken into account, in particular the significance of the non-conformity of the digital content or digital service with the contract, the value of the digital content or digital service conforming to the contract.
    13. Only in the event of:
      1. the occurrence of one of the situations described in clauses 11 and 12. above;
      2. when Wamtechnik has failed to bring the digital content or digital service into compliance with the contract in accordance with the provisions indicated in clauses 10. – 12;
      3. when the failure of the digital content or digital service to conform to the contract is very material;
      4. when it appears from Wamtechnik’s statement or other circumstances that Wamtechnik will not bring the digital content or digital service into conformity with the contract within a reasonable time or without undue inconvenience to the User who is a Consumer or Entrepreneur-Consumer;
      5. User who is a Consumer or Entrepreneur-Consumer may submit a statement to reduce the price of the digital content or digital service or to withdraw from the contract. The reduced price shall remain in such proportion to the contract price as the value of the digital content or digital service not in compliance with the contract remains to the value of the digital content or digital service in compliance with the contract.
    14. After withdrawal from the contract, Wamtechnik shall not use content other than personal data provided or created by the User who is a Consumer or Entrepreneur-Consumer in the course of using the digital content or digital service provided by Wamtechnik, except for content that:
      1. are useful only in connection with the digital content or digital service that was the subject of the contract;
      2. relate exclusively to the User’s activity in the course of using the digital content or digital service that constituted the subject of the contract;
      3. have been combined by Wamtechnik with other data and cannot be disconnected without undue difficulty;
      4. have been created by a User who is a Consumer or a Entrepreneur-Consumer, together with other Users who can still use them.
    15. Wamtechnik shall not be entitled to claim payment for the time during which the digital content or digital service was not in compliance with the contract, even if the User who is a Consumer or Entrepreneur-Consumer actually used it before withdrawing from the contract.

  6. Exclusion of liability
    1. The Service Provider shall not be liable for any damage or inability to use the Service caused by:
      1. hindrances to the use of the Service, resulting from circumstances that the Service Provider could not have prevented or foreseen with due diligence, including problems related to the operation of the data communications network or Internet connections, as well as those caused by fortuitous events,
      2. damages caused by improper use of the Service, including use of the Service in a manner contrary to the Regulations,
      3. incompatible digital environment of the User, not complying with the technical requirements indicated by the Service Provider.
    2. The Service Provider shall not be responsible for the blocking by mail server administrators of the transmission of messages to the e-mail address indicated by the User in the order, and for the deletion and/or blocking of electronic messages by software installed on the electronic equipment used by the User.

  7. Technical requirements necessary to use the Services
    1. In order to properly use the Service, it is necessary:
      1. possession of a device with sufficient hardware strength to play the Services at the appropriate resolution,
      2. connection to the Internet,
      3. software that allows web browsing,
      4. having an active and properly configured e-mail account,
      5. support of cookies in the browser,
      6. enabling JavaScript service.
    2. Use of the Service requires a properly configured web browser Chrome version not lower than 25, Mozilla Firefox version not lower than 24 or Microsoft Edge, in which the order form will be displayed and function correctly.
    3. If the User’s computer does not meet the technical parameters described above, the Service or its individual elements may not function properly.
    4. As a rule, the use of the Service is free of charge. Use of the Service requires an active connection to the Internet. The costs of Internet connection, if any, shall be borne by the User in accordance with the regulations and price list of the telecommunication service provider chosen by the User.

  8. Processing of Users’ personal data
    1. The processing of personal data by the Service Provider in connection with the Services provided by it is described in the Privacy Policy and the Cookie Policy, available on the Service.

  9. Final Provisions
    1. Matters not covered by these Regulations shall be governed by applicable law, in particular the provisions of the Act on Provision of Electronic Services, the Act on Copyright and Related Rights, the Act on Consumer Rights and the Civil Code Act.
    2. The court competent to resolve any disputes related to the performance of contracts concluded under these Regulations shall be the court having jurisdiction according to the seat of the Service Provider. This provision does not apply to consumers. Settlement of potential disputes arising between the Service Provider and the User, who is a Consumer or entrepreneur-Consumer, shall be submitted to the competent common courts in accordance with the provisions of the Code of Civil Procedure.
    3. The Regulations may be subject to change in the event of changes in the law or in the terms and conditions of services available on the Service. The Service Provider shall inform about the change of the Regulations through the website https://wamtechnik.pl/. The amendment to the Regulations shall become effective within 14 (fourteen) days from the date of publication of the new Regulations on the Service.
    4. The Service Provider may correct simple clerical and editorial errors of the Regulations at any time. Mere clerical or editorial errors are considered to be errors that do not affect the rights and obligations of the parties. Such rectification shall not constitute an amendment to the Regulations. The rectification shall be effective as of the publication of the rectified content of the Regulations, contracts for Services entered into before the rectification of the Regulations shall be executed under the new terms.
    5. The Service Provider shall make every effort to ensure that the Services provided on the Service are of the highest level, however, the Service Provider does not exclude the possibility of temporary suspension of the availability of the Service in case of the need for maintenance, inspection, equipment replacement or in connection with the need to modernize or expand the Service.
    6. The Regulations shall come into force 14 (fourteen) days after their publication, i.e. on 20.10.2023.