Terms and conditions
TERMS AND CONDITIONS OF THE ONLINE CONFIGURATOR https://techmark-configurator.com/en
Valid from 1 October 2021 (version 1.10.21)
These Terms and Conditions can be fixed by printing out, recording on a chosen carrier or downloading as the PDF file from https://techmark-configurator.com/en/terms-and-conditions and saving them on the computer.
I. SCOPE OF PROVISIONS, GENERAL PROVISIONS
- These Terms and Conditions comprise information on the type and scope of Services provided electronically through the Website, conditions for providing these services by the Service Provider and conditions for using the Website by the Users.
- Contracts for the provision of electronic services made through the Website comply with the Polish law.
- Should any of the provisions of these Terms and Conditions is held to be contrary to the applicable provisions of law, such offending provision shall be substituted by the relevant provisions of the Polish law. In cases not regulated by these Terms and Conditions, provisions of the following acts shall apply:
- Act on Providing Services by Electronic Means of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended).
- Act on Consumers Rights of 30 May 2014 (Journal of Laws of 2014, item. 827)].
- Act on Polish Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93 as amended).
other relevant provisions of the Polish law.
- In order to use the Website, which also includes browsing through the products and using the Website’s functionalities, the following is required:
- Active e-mail account (e-mail).
- Information provided on the Website web pages shall not constitute an offer under the applicable provisions of law.
- Product prices presented on the Website web pages:
- in the Polish version of the Website - product prices are expressed in the Polish zloty (PLN) with both net and gross prices specified (wherein gross means net price plus VAT at 23% rate). If the User chooses to have the elements of additional equipment configured (that were not included in the price for a given Product version), the price quoted is a net price, which needs to be increased by VAT at 23% rate.
- in the English version of the Website - product prices are expressed in Euro (€) as net prices. When to Product is exported or delivered outside the European Union, the User may be put under the obligation to pay customs duty or relevant tax pursuant to the provisions of law applicable in the country of the Product destination. For further information the User shall contact the competent customs or excise authority.
WEBSITE - means the Website available at www.techmark-configurator.com, hereinafter referred to as the Website, by means of which the Users can browse through its content and use its functionalities.
PERSONAL DATA - means User’s data, that under Article 14(1) of GDPR may be considered as information referring to an identified natural person or a natural person whose identification is possible.
ELECTRONIC SERVICE - hereinafter referred to as the Service, means the Service provided to the User by the Service Provider by electronic means, pursuant to Article 2 section 4 of the Act on Providing Services by Electronic Means of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended) according to the provisions specified in these Terms and Conditions.
CONTRACT - means the Contract made by and between the User and the Service Provider concerning electronic Services, referred to in these Terms and Conditions that are provided by the Service Provider (so called remote Agreement made through electronic means). The Contract on opening and keeping the User’s Account is made the moment the User opens their Account on the Website. The Contract on using by the User of the Website functionalities assigned to the Specific Group of Users is made the moment the Service Provider assigns the User to the Specific Group of Users.
CUSTOMER/USER - means a User authorised to use the Website, i.e. a natural person having full or limited capacity for legal acts, a legal person or organisational unit without legal personality, that uses the Services provided through electronic means by the Service Provider.
INDIVIDUAL CUSTOMER - means the User authorised to use all functionalities of the Website, except for the Service consisting in assigning the User to the Specified Group of Users.
BUSINESS CUSTOMER - means the User authorised to use all functionalities of the Website, including the Service consisting in assigning the User to the Specified Group of Users.
SPECIFIED GROUP OF USERS - means the Service, that upon request and with the consent of the User can be provided by the Service Provider to the User. This Service can be provided exclusively to the Business Customers having their Accounts on the Website, who meet certain conditions specified in these Terms and Conditions.
SERVICE PROVIDER/DATA CONTROLLER - hereinafter referred to as the Service Provider or the Controller, means the entity liable for processing, including amending and deleting, of the Users’ personal data.
GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 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).
USER’S ACCOUNT - means a set of resources identified with an individual name (login) and password, stored in the Service Provider’s ICT system, comprising the Customer’s data required for the provision of Services by the Service Provider through the Website.
PRODUCT/ARTICLE/GOODS - means a movable thing manufactured by the Service Provider provided with the features specified on the Website web pages.
PRODUCT DATA SHEET - means a web page on which detailed information about the Product, its features and characteristics is presented.
PRODUCT CONFIGURATION - is functionality made available by the Website at www.techmark-configurator.com, by means of which the User can configure certain parameters of the Product, its variants or particular features, which functionality is hereinafter referred to as the Configuration. The Configuration accomplished by the User can be saved and can constitute an annex to the Request for Product made through the Website.
PRODUCT PRICE - the price specified on the Product Data Sheet is the initial price for a given Product/Product option in the basic version thereof, which price is subject to variation, if the User selects the Product’s features available at extra charge. Such price do not include other costs e.g. Product delivery costs.
CUSTOMISED PRODUCT - means the Article described on the Website as the “Customised” Product considered as the goods in specie as a result of Product configuration made by the User. The object of performance consists in a thing, that was not prefabricated, but instead has been manufactured according to the User’s specification or with the aim to satisfy individual needs of the User.
III. INFORMATION ABOUT THE SERVICE PROVIDER, THEIR RIGHTS AND DUTIES
- Leszek Ogłoza, Sławomir Zdziechowski, who run the following business activity: "Techmark L. Ogłoza, S. Zdziechowski sp. j.”, with its registered office: ul. Piotrkowska 10/12, 95-070 Aleksandrów Łódzki, is the Service Provider. The company is entered in the National Court Register kept by the District Court for Łódź-Śródmieście in Łódź XX Commercial Division of the National Court Registry, with KRS number 0000005619, NIP (Tax Identification Number) 726-000-22-12, REGON (statistical number) 470513221, e-mail address: firstname.lastname@example.org, telephone number: +48 42 712 17 95.
- The Service Provider shall have the right to publish advertisements on the Website web pages. The advertisements in question shall constitute an integral part of the Website and all materials published on the Website.
IV. TYPES, SCOPE AND CONDITIONS FOR MAKING CONTRACTS AND PROVIDING ELECTRONIC SERVICES THROUGH THE WEBSITE
- Provision of the Electronic Services by the Service Provider is performed free of charge and in accordance with the provisions specified in these Terms and Conditions.
- The Service Provider makes it possible for the User to use the Services on the Website, that include:
- browsing through all Website web pages;
- Products configuration based on selectable parameters;
- sending the Requests by means of the Contact Form;
- creating and maintaining the User’s Account on the Website, that allow to:
- browsing through the Products saved in so called “Favourite Products” category;
- analysing the Product configurations that have been saved;
- sending Requests concerning the stored configurations;
- browsing through the History of sent Requests and received Replies;
- editing data provided on creating the Account and formal consents;
- adding addresses for delivery.
V. WEBSITE FUNCTIONALITIES AVAILABLE FOR THE BUSINESS CUSTOMERS
- Service Provider provides free of charge the Website functionality consisting in assigning the User to the Specific Group of Users.
- This Service is available exclusively to the Business Customers having their Accounts on the Website.
- In order to be assigned to the Specific Group of Users, the Business Customer shall make a relevant declaration of intent, the template of which constitutes Annex 2 to these Terms and Condition, and the Service Provider shall consent thereto.
- A declaration of intent, referred to above, may be made by the Business Customers who have been already cooperating with the Service Provider on a regular basis, or who intend to start such regular cooperation.
- Service Provider’s consent shall consist in assigning the Business Customer to the Specific Group of User, of which they shall be notified by e-mail.
- When the User assigned to the Specific Group of Users logs in into their Account, the Website interface displays information addressed to the Specific Group of Users, like categories/sub-categories/products different from the ones presented to other Groups of Users, or the prices agreed in the course of individual negotiations with the Service Provider. As a result of being assigned to the Specific Group of Users, the Business Customers can configure products and save their Configurations, as well as send their Requests for Products at prices agreed in the course of individual negotiations with the Service Provider.
VI. RIGHTS AND DUTIES OF THE CUSTOMERS
- The Customer shall be authorised to browse through the Website and use its all functionalities free of charge, whereas:
- in order to use some of the Services provided by the Service Provider through the Website, the User may be requested to voluntarily provide their personal data;
- in order for the Customer to use all functionalities of the Configurator, they shall first accept all provisions of these Terms and Conditions. To accept the Terms and Conditions the User shall select a relevant checkbox provided next to the notice of formal consent.
- The Customer shall be obliged to:
- use the Website in compliance with the applicable law and good morals, with consideration for the third party's personal interests and intellectual property rights;
- provide true and accurate data and to refrain from providing illegal content.
VIII. COMPLAINTS ON THE PROVISION OF ELECTRONIC SERVICES
- To lodge a complaint on the provision of Services through the Website, the User can send an e-mail to the following address: email@example.com.
- A complaint shall include as much details as possible, in particular it shall specify type of irregularity and a date when it occurred, as well as contact details of the person lodging the complaint. The information given will contribute to settling the complaint much faster.
- The Service Provider shall examine the complaint without unnecessary delay, no later than within 10 working days of its lodging.
- The Service Provider shall send their reply to the Customer’s e-mail address specified in the complaint or in some other manner specified by the Customer.
IX. CONDITIONS FOR CANCELLING THE CONTRACT ON THE PROVISION OF ELECTRONIC SERVICES
- The continuous Contract for the provision of Electronic Services made for an indefinite period is subject to termination.
- The Customer shall have the right to terminate the Contract with immediate effect and for no reason by sending a relevant notice to the Service Provider via e-mail to the following address: firstname.lastname@example.org.
- The Service Provider shall have the right to terminate the continuous Contract for the provision of Electronic Services made for an indefinite period when the Customer infringes these Terms and Conditions, in particular provides illegal content, despite the previous request to cease such infringement. In this case the Contract shall be deemed terminated 7 days of the Service Provider’s notice (notice period).
- Termination shall result in ceasing any legal relationship and shall take effect ex nunc.
- The Service Provider and the Customer may terminate the Contract for the provision of Electronic Services by agreement.
X. INTELLECTUAL PROPERTY
- All content and files published on the www.techmark-configurator.com enjoy the copyright protection and are owned by the Service Provider operating its business. The Customer shall be fully liable for any damage suffered by the Service Provider as a result of using the content of www.techmark-configurator.com without the prior consent of the Service Provider.
- Should any of the elements constituting the content of www.techmark-configurator.com be used by anyone without the explicit written consent of the Service Provider, this shall be deemed as the infringement of the copyright held by the Service Provider and shall result in civil and criminal liability.
- All trade names and names of the Products published on the Website web pages are exclusively used for identification purposes. They may constitute registered trademarks. All materials, descriptions and pictures published on the Website are used for information purposes.
XI. FINAL PROVISIONS
- The Controller reserves the right to amend these Terms and Conditions, with the proviso that the amended provisions have no retroactive effect. The Controller shall notify the Website Users having their Accounts of any and all amendments to these Terms and Conditions introduced after they created their Accounts.
- Should you have any questions or doubts concerning these Terms and Conditions, please to not hesitate to contact the Controller at: email@example.com.
Annexes to the Terms and Conditions
Annex 2 - A declaration of intent as to assigning the Business Customer to the Specific Group of Users