§ 1 GENERAL PROVISIONS

1. The provisions of these Terms and Conditions define the conditions and rules for Customers and making purchases in the online store Soft99.eu owned by Nowy Samochód S.A. with its registered office in Warsaw, Poland.

2. Contact with the Seller is possible through these means of communication:
a) E-mail: info@soft99.eu or sklep@soft99.eu

b) Phone: +48 691 344 348

c) Letter sent to Nowy Samochód S.A., ul. Wroniecka 3/2/1a, 61-763, Poznań, Poland

d) Message on Facebook profile of Soft99 Europe, available at https://www.facebook.com/Soft99Europe/

e) Message on Instagram profile of Soft99 Europe, available at https://www.instagram.com/soft99_europe/

3. The Seller shall respond to all enquiries during the working hours of Soft99.eu online store consultants, i.e. from Monday to Friday from 9:00 until 17:00 CET.

§ 2 DEFINITIONS

The terms used in these Terms and Conditions shall mean:

1. Seller – Nowy Samochód S.A. with registered office in Warsaw, ul. Zbyszka Cybulskiego 3, 00-725 Warsaw, Poland, entered in the Register of Companies – Polish National Court Register under KRS number 0000506610, NIP 5213670388, REGON 147203781, holding share capital of PLN 1 000 000.00 (one million 0/100), paid in full.

2. Soft99.eu – an online store for professionals and hobbyists in the field of auto detailing, run by the Seller at www.Soft99.eu; Soft99.eu products can be purchased by Customers with an active Customer Account and through a guest account.

3. Customer – a natural person of age with legal capacity, a legal person or an organisational unit without legal personality using Soft99.eu.

4. Customer account – Customer account verified by the Seller, created at the online store Soft99.eu using the data (including personal data) of the Customer, enabling the purchase of Products and access to other features of the online store.

5. Consumer – A Customer who is a natural person as defined by Article 221 of the Polish Civil Code, making a legal transaction with a company which is not directly related to their business or professional activity.

6. Party – Seller and the Customer, collectively referred to as "Parties".

7. Agreement – an agreement of sale concluded between the Customer and the Seller on the terms specified in the Terms and Conditions at the moment of generating by the Seller's system (Soft99.eu) a confirmation of order placement, referred to in condition § 4, point 2. With regard to Customers who are Consumers and Company with Consumer Rights. Agreement is a distance agreement within the meaning of the Act of 30 May 2014 on Consumer Rights (Polish Journal of Laws from 2019, item 134, as amended).

8. Civil Code – the Act of 23 April 1964 of the Polish Civil Code (Journal of Laws of 2018, item 1025, as amended).

9. GDPR – Regulation of the European Parliament and of the (EU) Council no. 2016/679 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).

10. Terms and Conditions – terms and conditions written herein regarding the use of Soft99.eu shop by the Customers, including the rules of the sale of goods via Soft99.eu, provision of electronic services by the Seller via Soft99.eu, i.e. the service of maintaining a Customer Account, sending a Newsletter; these terms and conditions are the rules referred to in Article 8 of the Act of 18 July 2002 in the Polish Provision of Electronic Services.

11. Products – goods offered by the Seller on Soft99.eu, which are the subject of the Contract between the Parties.

12. Company with Consumer Rights – a natural person concluding with a Seller an agreement directly related to their business activity, where it follows from the content of that agreement that it is not of professional character for the Consumer, in particular resulting from the subject of their business activity, made available on the basis of the provisions of the Polish Central Register of Business Activity and Information.

§ 3 CUSTOMER ACCOUNT

1. In order to create a Customer Account the Customer fills in the registration form, providing the necessary data and information about the account. While filling in the registration form the Customer has the opportunity to read and accept the Terms and Conditions, with an option to download the document.

2. Customer can shop at Soft99.eu without creating a customer account (so-called "order as a guest").

3. In order to create a Customer Account the Customer declares that they have read the Terms and Conditions and accepts its provisions by ticking the appropriate consent box. The Customer, by clicking on the "Terms and Conditions" tab on www.soft99.eu, can make a printout of it, as well as receive the Terms and Conditions through e-mail on any request made to the Seller, without additional charges.

4. When filling out the registration form, the Customer can additionally and voluntarily consent to the processing of their e-mail address for marketing purposes by ticking the appropriate consent box on the registration form. In this case, the Seller clearly informs about the purpose of collecting the Customer's personal data, as well as about the known or expected recipients of these data. In this case, the Seller complies with the obligation to provide information on the purpose and scope of processing the Customer's personal data.

5. Consent by the Customer to the processing of his e-mail address for marketing purposes is voluntary and optional, and does not condition the possibility of concluding an agreement with the Seller for electronic provision of the service of maintaining a Customer Account. Consent can be withdrawn at any time by submitting an appropriate statement of the Customer to the Seller. The declaration can be, for example, sent to the e-mail address of the Seller: info@soft99.eu.

6. After submitting a completed registration form, the Customer will immediately receive an activation link via e-mail to the e-mail address provided in the registration form. Upon clicking on this link, the agreement for electronic provision of Customer Account services is concluded, and the Customer receives the ability to access the Customer Account and make changes or additions to its data.

7. A Customer who is a Consumer or Company with Consumer Rights has the right to withdraw from the agreement for the creation of a Customer Account, without giving a reason, within 14 days of its conclusion. The provisions of Chapter 8 apply accordingly.

8. The Customer may terminate the agreement for the provision of services by electronic means (maintaining a Customer Account) at any time and without giving a reason, subject to maintaining the rights acquired by the other Party before termination of the aforementioned agreement and the provisions below.

9. A Customer who has created a Customer Account shall terminate the agreement for the provision of services electronically by sending to the Seller an appropriate declaration of intent, using any means of remote communication that will allow the Seller to receive and read such a statement.

10. The Customer shall complete the registration form with due diligence, including the provision of complete and factual data.

11. The Seller shall not be liable for incorrect completion of the registration form by the Customer and any related damage.

§ 4 PURCHASE OF PRODUCTS

1. The Customer can purchase products on Soft99.eu website 7 days a week, 24 hours a day:

a) after logging in to a Customer Account.

b) without creating a Customer Account, after providing the data necessary to process the order.

2. Order placed by the Customer will be implemented if it contains the names and characteristics of the ordered Products, Customer data (in the case of a natural person – name and surname, and in the case of a legal person or organizational units without legal personality – the name of such an entity), as well as address, telephone number, form of payment, method of delivery, and (if applicable) the data necessary for issuing a VAT invoice.

3. In the event that the Customer chooses to place an order without creating a Customer Account - then to place an order it is necessary to read and accept the Terms and Conditions.

4. The order procedure is as follows:

a) The Customer selects the Product they wish to purchase and clicks the "add to cart" button,

b) The Customer adds other Products by clicking the "continue shopping" button,

c) After adding the Products to cart, the Customer proceeds to finalize the order by clicking the "Finalize order" button,

d) If the Customer does not have a Customer Account, they will be redirected to a page where they can choose to create one or to complete the order without creating a Customer Account,

e) If the Customer has a Customer Account, they can log in using the login and password provided in the registration form,

f) The Customer provides the shipping address data and (optionally) data necessary to issue a VAT invoice in accordance with generally applicable laws in Poland,

g) Next, the Customer chooses the method of delivery,

h) After verification of the data entered by the Customer, acceptance of the Terms and Conditions, in the "summary" section the Customer makes a purchase by clicking "confirm purchase",

i) Subsequently, the system generates an automatic message which constitutes confirmation of the order placement, whereby confirmation of the order placement shall also be sent electronically to the e-mail address provided by the Customer in the registration form.

5. The Customer, providing the data necessary for the processing of the order should exercise due diligence, including in particular the provision of complete and factual data to enable the Seller to perform the obligations under the Agreement.

6. In the case of Customers who do not have a Customer Account (making the so-called "order as a guest" purchase), during the ordering procedure such a Customer may voluntarily consent to the processing of their e-mail address for marketing purposes by ticking the appropriate consent box in the registration form. In this case the Seller clearly informs about the purpose of collecting the Customer's personal data, as well as about the known or expected recipients of such data. In this case, the Seller complies with the obligation to provide information on the purpose and scope of processing the Customer's personal data.

7. Customer's consent to the processing of their e-mail address for marketing purposes is voluntary and optional, and does not condition the possibility of making purchases. Consent can be withdrawn at any time by submitting an appropriate declaration of the Customer to the Seller. The declaration can be, for example, sent to the Seller via e-mail: info@soft99.eu.

8. The prices listed next to the Products are gross prices and include VAT applicable in Poland. In the case of Customers from outside Poland who have their registered office or place of residence on the territory of any European Union Member State, as well as in the case of Customers who have their registered office or place of residence on the territory of a non-EU European country, sales are, as a rule, made at net prices, i.e. without VAT unless generally applicable provisions state otherwise.

9. An order awaits payment for 5 working days (Monday-Friday). After this period, the order is automatically cancelled, of which the customer will be informed in an e-mail message. Cancellation of the order does not prevent the Customer from buying again on Soft99.eu.

10. The sales contract between the Seller and the Customer is concluded when the Seller's system generates a confirmation of the order.

11. Products are delivered within 5 working days from the date of receiving a message confirming the order, except in a situation when the product is not in stock. In this situation, the Customer will be immediately informed of the updated order delivery time.

12. If the Customer does not collect the Product from the shipping company (which will result in returning the Product to the Seller), the Seller, after giving the Customer an additional 7-day period to collect the Product, may withdraw from the Agreement. The withdrawal from the Agreement takes place by submitting to the Customer, not later than within 21 days from the ineffective expiry of the additional period referred to in the preceding sentence, a statement of intent of the Seller on the withdrawal. In this case, the Agreement will be considered not concluded.

13. In the situation referred to in term 12., the Seller shall immediately return to the Customer everything received from them under the Agreement.

14. Orders may also be placed by the Customer by e-mail at info@soft99.eu.

15. Order processing time is counted from the date of crediting the Seller's bank account or billing account.

§ 5 PAYMENT METHODS

1. The prices of the Products are in Euro (EUR) and include all taxes, including VAT, etc. The price does not include a lump sum for delivery.

2. The seller, at least immediately before placing the order, informs the Customer of the total price of the Products and any additional charges, including delivery costs (if any).

3. During the order placement process the Seller informs the Customer about available forms of payment:

a) by bank transfer to the account of the Seller given in the attachment to the order confirmation message,

b) payment card (Visa, MasterCard, Maestro)

c) via PayU (online payment operator, Poland only),

d) via PayPal

additional payment method available only to Customers other than Consumers

e) cash on delivery (payment to the courier being a representative of the shipping company on delivery of the package or cash during pick-up in one of the Soft99 venues).

4. In the case of choosing payment by bank transfer to the account of the Seller, the Customer is required to make payment no later than 3 working days from the date of order (conclusion of the Agreement).

5. For each Order, an appropriate sale document is issued and sent to the customer together with the ordered product. Sales made to Consumers are recorded by the Seller by issuing an invoice. Therefore, the Consumer does not receive a receipt from the Seller.

6. If a VAT invoice is to be issued to the Customer who conducts business and/or is a registered VAT-payer in Poland or EU, the Customer's data and VAT NIP number (Poland) or Identification Number (EU) must be provided in the Order.

7. The Customer authorizes the Seller to issue invoices without the recipient's signature and accepts the use of electronic invoices, i.e. sending invoices, duplicates of these invoices and their corrections in electronic form to the e-mail address provided during Customer Account registration.

§ 6 DELIVERY

1. The ordered Products can be delivered by the Seller to the address indicated by the Customer in the territory of the Poland, European Union and the United Kingdom via a shipping company with which the Seller has concluded an agreement.

2. Additionally, the Customer other than Consumer has the option to collect the ordered products in person at a selected Soft99 venue. List of Soft99 venues and their opening hours:

a) Soft99 Garage, ul. Wierzbięcice 2A, 61-831 Poznan, 10:00 – 18:00 (Monday to Friday)

3. The Seller informs the Customer in an e-mail about sending the ordered Products and, in the case of pick-up at a Soft99 venue, about the products being ready for collection.

4. Products with different delivery times are sent after completing the entire order.

5. When receiving the Product sent to the address indicated by the Customer, the Seller recommends first to pay attention to the external condition of the delivered package. In the case of observing visible mechanical damage or other noticeable problems with the packaging, including visible damage to protection measures carried out by the shipping company (e.g. product packaging is damaged, visible traces of opening, the tape has been cut or taken off), we recommend that you refuse to accept it and immediately notify the Seller.

6. If the external condition of the shipment does not raise any objections, the Seller recommends still checking its content in the presence of the courier. In the case of any problems with the technical and visual condition and completeness of the product being received, it is advised to write a damage protocol. The courier is responsible for providing the Seller with all necessary documentation, and is also required to certify the irregularities found.

7. In the case of stating damage to the package during delivery or problems with the amount or completeness of the delivered product, the Seller recommends writing a damage protocol in the presence of the courier (if the courier does not have such a protocol with him, it is necessary to arrange for it to be drawn up at a later time), and in it state: the date, time of delivery and a description of damage all other problems with the product or packaging, and then send the signed protocol immediately to the Seller, for example by e-mail to sklep@soft99.eu, or in mail to the address Nowy Samochód S.A., ul. Wroniecka 3/2/1a, Poznań, Poland.

8. The above recommendations and advice only, and aim at improving the clarity of the procedure of claiming by the Customer. Failure to do so, however, has no effect on the possibility of exercising the Customer's rights in relation to defects of the products on the basis of the Polish and EU regulations in force.

9. The detailed conditions of delivery of the product by shipping company are governed by the relevant contractual regulations in force at the shipping company in question.

§ 7 DELIVERY COSTS

1. The Customer shall bear the costs of delivery, except when free delivery option was available and has been chosen.

2. Information about the cost of delivery is located in the "Terms and conditions of delivery of products” (https://sklep.soft99.eu/pl/content/12-delivery-and-returns) and is also visible on the Soft99.eu page during the finalisation of the order.

3. The fee for the delivery of the products varies and its amount depends on the quantity, weight and size of the ordered Products. The customer will be informed of the flat-rate delivery charge before the conclusion of the Contract. The flat-rate delivery charge is paid together with the purchase price of the product, unless the free delivery option was available and was chosen.

§ 8 COMPLAINTS AND RETURN OF DAMAGED OR FAULTY PRODUCTS

1. The Seller is obliged to deliver to the Customer a Product in conformity with the Contract.

2. The seller is not a guarantor of the Products. If the guarantor gives a quality warranty covering the product, its conditions are made available (and shipped) with the product. Warranty rights should be exercised in accordance with the conditions written in the warranty document attached to the Product.

3. In the event that the Product is not in conformity with the Contract, the Seller shall be liable to the Consumer or Company with Consumer Rights for bringing it into conformity with the Contract under the provisions of Chapter 5a of the Polish Consumer Rights Act.

4. Claims under the warranty or guarantee should be sent to the following address: complains@soft99.eu, and in the case of warranty claims also directly to the producers/distributors of the product indicated in the warranty document of the product.

5. The Seller shall be liable for the Product not being in conformity with the Contract in the span of two years from the Product being delivered to the Consumer or Company with Consumer Rights.

6. A Product is not in conformity with the Contract if:

a)     it is not fit for the purpose for which a Product of this type is normally used, taking into account the applicable legislation, technical standards and good practice;

b)     the description, type, quantity, quality, completeness and functionality of the Product does not comply with the Contract;

c)     it is not useful for the specific purpose for which it is needed by the Consumer or the Company with Consumer Rights and of which the Seller was informed at the latest at the time of the conclusion of the Contract and which the Seller has accepted;

d)     it is not present in such quantities and does not have the characteristics, including durability and safety, that can be expected for this type of Product;

e)     it does not correspond to the pattern or sample provided prior to purchase.

7. If a Product is found not to be in conformity with the Contract, the Consumer and the Company with Consumer Rights may request that the Product be brought into conformity with the Contract by repairing or replacing the Product with a new one.

8. The Seller may make a replacement when the Consumer or the Company with Consumer Rights requests a repair, or may make a repair when the Consumer or the Company with Consumer Rights requests a replacement, if bringing the Product into conformity with the Contract in the manner chosen by the Consumer or the Company in Consumer Rights is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require unreasonable costs for the Seller, the Seller may refuse to bring the Product into conformity with the Contract.

9. If the Product is not in conformity with the Contract, the Consumer or Company with Consumer Rights may place a declaration to reduce the price or withdraw from the Contract when:

a)     the Seller has refused to bring the Product into conformity with the Contract in accordance with paragraph 8 above,

b)     the Seller has failed to bring the Product into conformity with the Contract within a reasonable time or bringing it into conformity with the Contract would involve undue inconvenience for the Consumer or the Company with Consumer Rights,

c)     the lack of conformity of the Product with the Contract continues even though the Seller has tried to bring the Product into conformity with the Contract,

d)     the lack of conformity of the Product with the Contract is such as to justify either a reduction in price or withdrawal from the Contract without first having recourse to repair or replacement of the Product,

e)     it is clear from the Seller's statement or the circumstances that he will not bring the Product into conformity with the Contract within a reasonable time or without undue inconvenience for the Consumer or the trader in the Consumer's Rights.

10. The Consumer or Company with Consumer Rights may not withdraw from the Contract if the lack of conformity of the Product with the Contract is insignificant. The lack of conformity of the Product with the Contract shall be presumed to be substantial.

11. If the lack of conformity with the Contract concerns only some of the Products delivered under the Contract, the Consumer or the Company with Consumer Rights may withdraw from the Contract only in respect of those Products and also in respect of the other Products purchased together with the non-conforming Products, if the Consumer or the Company with Consumer Rights cannot reasonably be expected to agree to keep only the Products in conformity with the Contract.

12. In order to facilitate the processing of filing a complaint, the seller recommends that a message from the consumer should contain the following information:

a) Information whether the notification concerns a claim under the warranty (seller) or guarantee (manufacturer),

b) Name and surname of the consumer,

c) Name of the product,

d) Date of purchase of the product,

e) Order number,

f) Detailed description of the product defect,

g) The time at which the product defect occurred.

h) Contact data.

The list of informations given above is only a recommendation and does not affect the effectiveness of complaints submitted had there been omissions of the recommended information in the complaint.

13. If it is necessary to assess the existence of a defect in the Product, at the same time as submitting the defect notification, the complained Product shall be delivered to the Seller's office to the correspondence address indicated in § 1.

14. The Consumer or Company with Consumer Rights shall be informed by the Seller about the method of complaint processing within 14 days counted from the day of receipt of information about the complaint by the Seller. The Consumer or Company with Consumer Rights shall be informed about the complaint handling by e-mail, phone or in writing.

15. The Seller shall reimburse the amounts due as a result of the exercise of the right to reduce the price immediately, but no later than within 14 days of receipt of the declaration by the Consumer or the Company with Consumer Rights of the price reduction.

16. In the case of a withdrawal from the Contract, if the Seller has not offered to collect the Product from the Consumer or Company with Consumer Rights itself, the Seller may withhold reimbursement until it has received the Product back or provided proof of return, whichever event occurs first.

17. The time limit for the execution of the guarantee obligations is specified in the wording of the guarantee document and should not exceed 14 days from the date of delivery of the item by the holder of the guarantee.

18. The rights of the Consumer arising from defects in the Product or the Customer who is not a Consumer under the warranty for defects do not exclude, limit or suspend their rights under the guarantee provided by the Guarantor – under the terms indicated in the guarantee document.

§ 9 TECHNICAL CONDITIONS OF USING SOFT99.EU

1. Technical requirements needed to use all features of Soft99.eu online store:

a) Active connection to the Internet (wired or wireless),

b) Internet browser allowing to view hypertext files (HTML) on the computer screen (or other electronic device, including mobile phone, tablet and similar)

c) Having an active e-mail account by the customer.

2. The Seller reserves that using Soft99.eu service may involve standard risks associated with the use of the Internet, and therefore recommends that all customers take appropriate steps to minimize those risks, including installation of anti-virus software and frequent updates of their operating systems and security software.

3. The seller informs that it is forbidden for the customers to upload, link or share in any way illegal content while using Soft99.eu website.

§ 10 WITHDRAWAL FROM THE CONTRACT BY THE CUSTOMER / COMPANY WITH CONSUMER RIGHTS

1. The customer who is also a consumer and company with consumer rights who has concluded a contract with the seller may withdraw from it without giving any reason and without bearing any costs, except for the costs referred to below, making a statement in any form within 14 days from the date of delivery of the product to him or a third party indicated by him other than the shipping company, and if the product was delivered in parts, from the date on which he took possession of the last of the parts, or when a third party indicated by him (other than the shipping company) took possession of the last of the parts.

2. To keep the 14-day period referred to in paragraph 1 above is sufficient to send a statement of withdrawal from the agreement before its expiry. A customer who is a consumer and a company with consumer rights may make a statement of withdrawal from the agreement in any form, e.g. by sending it to the seller by e-mail to the address: info@soft99.eu or in writing to the address of the seller indicated in § 1. For convenience, the customer may use the form available at https://sklep.soft99.eu/pl/content/12-delivery-and-returns, but it’s not mandatory.

3. In the case of withdrawal from the contract, the seller will immediately inform the customer who is a consumer / a company with consumer rights of the receipt of his statement on a durable medium (including, for example, in writing or by e-mail) and (if the payment has already been made) will return the charges paid, but no later than within 14 days after reception of the statement in question.

4. If the Customer (being a consumer or a company with consumer rights) chose a method of delivery of the product other than the least expensive ordinary delivery method offered by the seller, the seller is not obliged to reimburse such customer the additional costs incurred by him.

5. The seller will refund payments to the customer using the same methods of payment that were used in the original transaction. In any case, the customer who is a consumer or a company with consumer rights will not incur any fees in connection with this return (subject to the provisions stated in 8.).

6. The seller may withhold reimbursement until receiving the product or until the customer who is a consumer / company with consumer rights provides proof of its return, whichever event occurs first.

7. The Customer should send back or provide the seller with the products at the address indicated in § 1 immediately, and in any case no later than 14 days from the date on which the customer informed the seller about withdrawal from the agreement. The deadline is met if the customer sends back the item before the expiry of the 14-day period.

8. In the case of withdrawal from the agreement, the customer shall bear all the costs of returning the product to the seller, i.e. the cost of packaging the product, its protection and costs of sending/delivery of the product to the address specified in section 1, point 1 above.

9. The customer is responsible only for the reduction in the value of the product resulting from the use of it in a manner beyond that necessary to determine the nature, characteristics and functioning of the product.

10. The product returned by the customer should be packaged in a manner that ensures no damage during delivery. If possible, the product should be wrapped in its original packaging. The product should be returned with complete equipment and accessories, if any, and documents issued when concluding the agreement.

11. The right to withdraw from the agreement concluded remotely does not apply to the customer who is a consumer and company with consumer rights in the following cases:

a) An agreement in which the subject matter (the product or products) are an item/items supplied in a sealed package, which after opening the package cannot be returned due to health and hygiene reason, if the package has been opened after delivery.

b) An agreement in which the subject matter (the product or products) are an item/items their nature inseparable from each other,

c) A contract in which the Consumer or Company with Consumer Rights has specifically requested the Seller to come to them for the purpose of carrying out urgent repairs or maintenance. If the Seller provides services in addition to those requested by the Consumer or Company with Consumer Rights or provides items other than replacement parts necessary for the performance of the repair or maintenance, the right of withdrawal shall apply to the additional services or items,

c) An agreement in which the subject matter (the product or products) is a sound or visual recording or computer software supplied in a sealed package, if the package has been opened after delivery,

d) An agreement in which the subject matter (the product or products) is a piece of digital content which is not recorded on a tangible medium, if its usage has begun with the express consent of the consumer / company with consumer rights before the expiry of the deadline for withdrawal from the agreement and after informing him of the loss of the right of withdrawal.

12. The provisions of this § 10 are only applicable to customers who are consumers and companies with consumer rights.

§ 11 PERSONAL DATA PROTECTION (GDPR)

1. In Soft99.eu online store the following personal data are processed:

a) Customers: name, surname, delivery address, e-mail address, phone number, company, registered office address, Tax Identification Number (NIP), bank account number, computer IP address, as well as data on occupation or education obtained solely for the purpose of verification,

b) Screen name and any data provided by persons contacting the seller via the chat function available from the home page.

2. The administrator of the personal data referred to in paragraph 1 is the seller.

Contact regarding personal data:
E-mail: rodo@soft99.eu
Ph. nr.: +48 691 344 348

3. Personal data shall be protected and processed in accordance with applicable laws, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/WE.

4. Personal data shall be protected and processed in accordance with applicable legislation, in particular Regulation (EU) 2016/679 of the Council of the European Parliament from 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.

5. The provision of personal data by the customer is voluntary, however it is necessary for the creation of the account and successively the conclusion and realisation of the agreement.

6. Any person who has given the seller their personal data has, within the limits of the law and as appropriate, the following rights:

a) Access to the content of their data and their rectification, deletion or restriction of processing and portability of their data,

b) In situations where the seller processes the data on the basis of the person's consent – the right to withdraw it at any time, but this will not affect the compliance with the law of the processing performed on the basis of consent given before its withdrawal,

c) Lodging a complaint to the President of the Data Protection Authority, if the person considers that the processing of their personal data violates the provisions of the GDPR,

d) Objection to the processing of personal data based on the legitimate interest of the seller.

7. Detailed information on personal data and privacy protection, as well as detailed rules on the processing of personal data are provided on the Privacy Policy page (https://sklep.soft99.eu/en/content/10-privacy-policy) on the Soft99.eu website. Amendment to the Privacy Policy does not constitute an amendment to the Terms and Conditions.

§ 12 OUT-OF-COURT METHODS OF RESOLVING CONSUMER DISPUTES

1. In the case of exhaustion of the complaint procedure referred to in § 8, the consumer has (in addition to the possibility to pursue their claims in court) the right to use out-of-court methods of dealing with complaints and claims. The rules regarding the possibility to use these claims and access to procedures are available in the offices and on the websites of district/city/country consumer ombudsmen or other organisations of which their statutory task is to protect consumers and provide mediation and settlement help.

2. The consumer has the right to:

a) Apply, to a permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Polish Trade Inspection (Journal of Laws of 2017, item 1063) to resolve a dispute arising from the concluded Agreement,

b) Apply to the regional ombudsmen of the Polish Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on the Polish Trade Inspection (Journal of Laws of 2017, item 1063), with a request to initiate mediation proceedings for an amicable settlement of the dispute between the consumer and the seller,

c) Apply to their regional consumer ombudsman or one of the organisations of which their statutory task is to protect consumers and provide mediation and settlement help.

3. In addition, at www.webgate.ec.europa.eu there is a platform for online dispute resolution between consumers and companies at theEU level (Online Dispute Resolution [ODR] platform).

4. The entity competent to out-of-court settlement of consumer disputes with the seller is

a) the Voivodeship Trade Inspection Inspector in the city of Poznań, Poland (www.poznan.wiih.gov.pl),

or

b) other competent entity authorized entered in the Polish Register of Entities kept by the President of the Office of Competition and Consumer Protection (the list of authorized entities is available at www.polubowne.uokik.gov.pl, but the consumer has the right to choose which of the entities listed will apply).

§ 13 OTHER PROVISIONS

1. Products purchased through Soft99.eu are not suitable for consumption.

2. Before using the product, the customer is obliged to read the instructions attached to it. In case of additional questions related to the use of the product, customer support is available at the e-mail adress info@soft99.pl. Messages will be responded to within 7 days.

3. Seller is not responsible for damage caused by the use of products purchased at Soft99.eu against their intended use and in a manner inconsistent with the instructions included with the product.

4. Seller has the right to organize promotional campaigns and sales, which terms will be determined each time by separate rules posted on Soft99.eu under the Promotions tab. Promotional actions and sales are limited in the number of products. Orders are processed in the order they are received by the seller, until the stocks covered by the promotion or sale are exhausted. Individual promotional actions and sales cannot be combined, unless the regulations of a given promotional action or sale state otherwise.

5. Use of illustrative materials, photos, compositions, page layouts and intellectual property rights contained on Soft99.eu – regardless of their form – for purposes other than personal use, without the consent of the seller is strictly prohibited.

6. The seller is not responsible for problems or technical limitations, including the speed of data transmission of computer equipment, terminal equipment, data communications system and telecommunications infrastructure, which the customer uses, and which prevent or hinder the use of the website.

7. The customer is liable as for his own acts or omissions for the acts or omissions of another entity which he enables to use the service through his own account.

8. The seller is not liable for the consequences of the use of the service by the customer in a manner contrary to the applicable law, the rules and regulations or the accepted principles of social custom.

§ 14 FINAL PROVISIONS

1. In all matters not regulated in the Terms and Conditions, the provisions of the Polish Civil Code, and other laws shall apply, and in relation to consumers and, respectively, companies with consumer rights, also the Polish Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended). The provisions of the Terms and Conditions do not exclude or limit any rights of the consumer on account of defects in the products to which they are entitled under mandatory provisions of law. In the event of a conflict between the provisions of these Terms and Conditions and mandatory provisions of law granting rights to the consumer, the provisions in question shall prevail.

2. The seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with customers who are not consumers, the seller shall be liable only in the case of intentional damage and within the limits of actual losses incurred by the customer who is not a consumer.

3. In the event of a dispute arising under the concluded sales agreement or the agreement for the provision of services by electronic means, the parties will seek to resolve the matter amicably. The governing law for the resolution of any disputes arising under the Terms of Regulations is Polish law.

4. In the event that it is necessary to amend the Terms and Conditions resulting from changes in payment methods, delivery methods and rules, the conditions for conclusion of agreements, the complaint procedure, the need to introduce changes to clarify the provisions of the Terms and Conditions, changes in commonly applicable laws and other provisions, which changes affect the implementation of agreements concluded, the seller undertakes to inform the customer about this fact at least 14 days before the changes take effect. In such a situation, the introduced changes shall not in any way violate the rights acquired by the customer before the effective date of these changes, which means that the Terms and Conditions in force at the time of concluding the agreement shall apply to concluded agreements and executed agreements.

5. These Terms & Conditions shall enter into force on 1st January 2023.

SPECIMEN WITHDRAWAL FORM
(this form must be completed and returned, e.g. by e-mail or post, only if you wish to withdraw from the contract)