The online store ProTerm, available at the internet address radiators-proterm.com, is operated by Dawid Fyda, conducting business activity under the name ProTerm, registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the Minister of Economy of Poland, Tax ID (NIP): PL7343554026.
These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules of using the online store as well as the rules and procedure for concluding distance sales contracts with the Customer through the Store.
§ 2 – Definitions
Consumer – a natural person concluding a contract with the Seller via the Store, the subject of which is not directly related to their business or professional activity.
Seller – Dawid Fyda, operating under the business name ProTerm, registered in CEIDG, NIP: PL7343554026.
Customer – any entity making purchases via the Store.
Entrepreneur – a natural person, legal person, or organizational unit not being a legal person, to which the law grants legal capacity, conducting business activity on their own behalf, using the Store.
Store – the online store operated by the Seller at the internet address radiators-proterm.com.
Distance Contract – a contract concluded with the Customer as part of an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication.
Terms and Conditions – this document.
Order – the Customer’s declaration of intent made via the Order Form and aimed directly at concluding a Sales Contract for one or more Products with the Seller.
Account – a Customer account in the Store where the Customer’s data and information on placed Orders are stored.
Registration Form – a form available in the Store enabling the creation of an Account.
Order Form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and determining the terms of the Sales Contract, including delivery and payment methods.
Cart – an element of the Store’s software, in which selected Products for purchase are visible, and it is possible to determine and modify the details of the Order.
Product – a movable item/service available in the Store which is the subject of the Sales Contract between the Customer and the Seller.
Sales Contract – a contract of sale of a Product concluded between the Customer and the Seller via the Store.
§ 3 – Contact with the Store
Seller’s address: ul. Jasna 9/2, 33-300 Nowy Sącz, Poland
The Customer may communicate with the Seller using the above contact details.
§ 4 – Technical Requirements
To use the Store, browse the assortment, and place Orders, the following are required:
a device with internet access and a web browser,
an active e-mail account,
enabled cookies.
§ 5 – General Information
The Seller shall not be liable to the fullest extent permitted by law for disruptions, including interruptions in the functioning of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the Store with the Customer’s technical infrastructure.
Browsing the Store’s assortment does not require an Account. Placing Orders for Products available in the Store is possible either after creating an Account in accordance with § 6 or by providing necessary personal and address data to complete the Order without creating an Account.
Prices in the Store are given in Euro (EUR) and are gross prices (including VAT).
§ 6 – Account Registration
To create an Account, the Customer must complete the Registration Form.
Creating an Account is free of charge.
Logging in is done by providing the login and password established during registration.
The Customer may at any time request deletion of their Account by contacting the Seller (via e-mail or in writing to the Seller’s address).
§ 7 – Placing an Order
To place an Order, the Customer should:
log in to the Store (optional),
select a Product and click “Add to Cart”,
log in or use the option to place an Order without registration,
complete the Order Form by entering recipient and delivery details, choosing a delivery method, and providing invoice data (if different),
click the “Order and Pay” button,
choose a payment method and complete the payment.
§ 8 – Delivery and Payment Methods
Delivery methods:
courier delivery (with or without cash on delivery),
personal collection.
Payment methods:
payment upon delivery,
bank transfer,
electronic payments,
credit/debit card payments.
Detailed information is available on the Store’s website.
§ 9 – Execution of the Sales Contract
The Sales Contract is concluded after the Customer places an Order via the Order Form.
After placing an Order, the Seller immediately confirms receipt and accepts it for processing by sending an e-mail to the Customer. At this moment, the Sales Contract is considered concluded.
Payment deadlines:
bank transfer/electronic payments/card – 7 days from the conclusion of the contract,
cash on delivery – upon delivery.
Delivery times depend on the chosen method and are indicated in the product description.
Delivery is available within the European Union.
§ 10 – Right of Withdrawal
The Consumer has the right to withdraw from the Sales Contract within 14 days without giving any reason.
The withdrawal period begins:
upon receipt of the Product by the Consumer or a designated person,
in case of multiple Products – upon receipt of the last item.
The Consumer may withdraw by submitting a declaration by e-mail, post, or via the Store’s contact form.
Consequences:
the contract is considered null,
the Seller refunds payments within 14 days,
the Consumer bears the return costs,
the refund may be withheld until the Product is returned.
§ 11 – Complaints and Warranty
The Sales Contract covers new Products.
The Seller must deliver Products free from defects.
Complaints can be submitted by e-mail or in writing to the Seller’s address.
The complaint should include a description of the defect, the date it occurred, Customer data, and expectations regarding the complaint.
If the Product has a warranty, details will be included in its description or provided with the Product.
§ 12 – Out-of-Court Complaint Handling
Consumers may use alternative dispute resolution, such as:
referring the case to consumer arbitration courts,
Personal data is processed for order fulfillment and, with consent, for marketing purposes.
Data may be shared with carriers and payment providers as necessary.
Providing data is voluntary but necessary for contract fulfillment.
§ 14 – Final Provisions
Contracts concluded via the Store are in English.
The Seller reserves the right to amend the Terms and Conditions for valid reasons, such as changes in law or delivery/payment methods. Customers will be informed of changes in advance.
Matters not covered herein are governed by applicable Polish law and EU law, in particular the Civil Code and consumer protection regulations.
Consumers may also use out-of-court complaint and redress mechanisms through the ODR platform.
