Shop Terms & Conditions

The terms used in the Terms and Conditions mean:

1. Client – a natural person, legal person or an organisational unit that is not a legal person, who is granted legal capacity by specific regulations and who places an Order within the Shop;
2. Consumer – according to Article 22[1] of the Civil Code, a natural person performing a legal act with an entrepreneur that is not directly related to their business or professional activity.
3. Civil Code – Act of 23 April 1964 (Dz.U. No. 16, item 93, as amended);
4. Terms and Conditions – these Terms and Conditions specifying the general terms and conditions of sale and the rules for the provision of services by electronic means within the em-smart.pl online store;
5. Online Store (Store) – a website available at https://sgbelt.com, through which the Client may, in particular, place Orders;
6. Goods – products presented in the Online Store;
7. Sales Agreement – a contract for the sale of Goods within the meaning of the Civil Code, concluded between em-smart.pl and the Client, concluded using the Store’s website;
8. Consumer Rights Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827);
9. Act on the Provision of Services by Electronic Means – the Act of 18 July 2002 on the Provision of Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended);
10. Order – a declaration of the Client’s intent, aimed directly at concluding the Sales Agreement, specifying in particular the type and number of Goods.

Terms and Conditions:

1. These Terms and Conditions define the rules of using the Online Store available at https://sgbelt.com.
2. These Terms and Conditions are the regulations referred to in Article 8 of the Act on the Provision of Services by Electronic Means.
3. The SGBELT online store, operating at https://sgbelt.com, is run by Softgraf Systemy Informatyczne i Grafika Komputerowa Marek Nowak, Plebiscytowa 51G, 43-190, Mikołów, NIP: 9540022139, REGON: 271244545. Its business activity is registered in the Central Register and Information on Economic Activity (CEIDG), kept by the minister responsible for the economy. Tel. +48 32 326 09 83.
4. These Terms and Conditions specify in particular:
   • the rules for registering and using an account within the Online Store;
   • the terms and conditions of placing Orders electronically within the Online Store;
   • the rules for concluding Sales Agreements using the services provided within the Online Store.
5. The use of the online store is possible on the condition that the ICT system used by the Client meets the following minimum technical requirements, to wit: it is sufficient to use any web browser to complete the order.
6. In order to use the Online Store, the Client should gain access to a computer workstation or terminal device with Internet access on their own.
7. In accordance with the applicable provisions of law, sgbelt.com reserves the right to limit the provision of services through the Online Store to persons who are over 18 years of age. In this case, potential customers will be notified of the above.
8. Customers may access these Terms and Conditions at any time via the link on the home page of the https://sgbelt.com website. They can also download and print them out.
9. In order to ensure the security of the transmission of messages and data in connection with the services provided as part of the Website, the Online Store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent unauthorized persons from obtaining and modifying personal data transmitted on the Internet.
10. In particular, the Client is obliged to:
    • use the Online Shop in a manner consistent with the provisions of the law in force in the Republic of Poland, the provisions of the Terms and Conditions, as well as with the general rules of using the Internet.
    • not provide or transmit content prohibited by law, e.g. content that promotes violence, defames or violates the personal rights and other rights of third parties,
    • use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
    • not take actions such as: sending or placing unsolicited commercial information (spam) within the Online Store,
    • use the Online Store in a way that is not intrusive for other customers and for sgbelt.com,
    • use any content posted in the Online Store only for their own personal use,
11. In order to conclude a Sales Agreement through the Online Store, go to the https://sgbelt.com website, select ORDER CONVEYOR in the menu and then select and configure the Goods by undertaking further technical actions based on the messages and information available on the website and displayed to the Customer.
12. The selection of the Goods ordered by the Client is made by marking them in the selection process
    • 12a. The prices shown on the collective product card are net prices
    • 12b. After selecting and adding a product to the cart, the net summary amount and the tax due are shown, depending on the status of the customer, whether they are an entrepreneur or an entrepreneur from the European Union.
    • 12c. In the case of entrepreneurs from the European Union, the final price depends on entering and of the entrepreneur’s tax identification number and its correct verification by the store’s IT system.
13. During the Order placement – until the button confirming the Order is pressed – the Client has the option of modifying the entered data and the selected Goods. To do this, Client follow the displayed messages and the information available on the website by selecting “Back” option.
14. After the Client using the Online Shop provides all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include, among others, a description of the selected goods or services, the total price and all other relevant costs.
15. In order to send an Order, it is necessary to accept the content of the Terms and Conditions, provide personal data marked as mandatory and press the button confirming the placement of the Order.
16. Information about the Goods provided on the Shop’s websites constitutes a commercial offering within the meaning of Article 66 of the Civil Code. Sending an Order by the Client constitutes a declaration of will to conclude a Sales Agreement with sgbelt.com, in accordance with the content of the Terms and Conditions. The Agreement is considered to have been concluded at the moment the Customer’s Order is accepted into the IT system of the Online Store, provided that the Order complies with the Terms and Conditions. After concluding the agreement, the Client receives an e-mail message containing confirmation of all relevant elements of the Order.
17. The Sales Agreement is concluded in Polish and English and its content is compliant with the Terms and Conditions.
18. Clients may access these Terms and Conditions at any time via the link provided on the home page of the https://sgbelt.com website  and also download and print them out. The essential provisions of the Goods Sales Agreement shall be recorded, secured, made available and confirmed to the Client by sending it to the e-mail address provided by the Client and by attaching printed confirmation, specification of the Order and the VAT invoice to the shipment containing the Goods.
19. Delivery of the Goods is limited to the European Union and the United Kingdom and takes place at the address indicated by the Client when placing the Order.
20. Delivery of the ordered Goods is carried out via:
    • FedEx delivery company.
    • It is not possible to order Goods in our store in person. The delivery costs are calculated as follows: the cost of courier delivery is PLN 24.60 gross in the case of deliveries within the territory of the Republic of Poland and EUR 35 gross in the case of deliveries in the European Union and the United Kingdom. In addition, the delivery costs will be indicated at the time of placing the Order.
21. The delivery time is 7 to 22 working days, and is counted from the day the Order is sent by the Client. Delivery time means the time necessary to complete the Order by customizing your device and the physical time it takes for delivery.
22. Damage to the Goods caused during delivery. In the case of a consumer remote purchase, our Store always bears the risk of accidental damage or loss of goods in transit. If the goods are delivered with obvious damage caused during transport, we kindly ask to report such a defect to the delivery person as soon as possible and contact us. A delay in filing such a complaint or establishing contact has no consequences for statutory claims of the Client and satisfaction thereof, in particular for Client’s rights under the statutory warranty for defects (point VIII of the Terms and Conditions). Faster reporting of noticed damage caused during transport helps us to pursue our own claims against the carrier or transport insurer.
23. The prices of the Goods are given in Polish zlotys and in Euros for the foreign language version and include all components, including VAT, customs duties and any additional costs.
24. The customer has the option of paying the price:
    • via the STRIPE payment gateway, where it is possible to pay via: Przelewy24 by bank transfer, BLIK payment, Apple Pay and Google Pay electronic wallets and by credit card.

Sample notice of withdrawal

Only the Client who is a Consumer is entitled to a 14-day period to withdraw from the agreement. Pursuant to Article 22 (1) of the Civil Code, a Consumer is considered to be a natural person who performs a legal act with an entrepreneur that is not directly related to their business or professional activity.

The right to withdraw from the agreement is also granted to natural persons concluding an agreement directly related to their business activity, when the content of the agreement state that the agreement is not of a professional nature for such persons within the meaning of Article 556 (4) of the Civil Code. Other entrepreneurs do not have the right to withdraw from the agreement.

Right of withdrawal

Clients have the right to withdraw from this agreement within 14 days without giving any reason. The deadline for withdrawal from the agreement expires after 14 days from the day on which you came into possession of the item or on which a third party other than the carrier and indicated by you came into possession of the item.

In order to exercise the right of withdrawal, you must inform us (Softgraf Systemy Informatyczne i Grafika Komputerowa Marek Nowak, Plebiscytowa 51G, 43-190 Mikołów, kontakt@softgraf.pl, Phone: +48323260983) of your decision to withdraw from this agreement by means of an unambiguous statement (for example, a letter sent by post, fax or e-mail). You can use the withdrawal notice template, but it is not mandatory.

To meet the withdrawal period, it is sufficient for the Client to send information regarding the exercise of their right of withdrawal from the Agreement before the end of the withdrawal period.

Consequences of withdrawal from the Agreement

In the event of withdrawal from this Agreement, we will refund all payments received from you, except for the cost of the transport service related to the return of the goods. The costs of return shipping based on the consignment note sent by our company are: PLN 26.40 gross in Poland and EUR 35 in the European Union and United Kingdom. Notification should be made immediately, and in any event no later than 14 days from the date on which we were informed of Client’s decision to exercise the right of withdrawal from the Agreement. We will refund Client’s payment using the same payment methods that Client used in the original transaction, unless Client have expressly agreed otherwise. Refunds will be charged for the return shipping amount. We reserve the right to withhold a refund until we receive the returned item or a proof of it being sent back, whichever comes first.

Please send back or hand over the item to us, i.e. Softgraf Systemy Informatyczne i Grafika Komputerowa Marek Nowak, 51G 43-190 Mikołów, immediately, and in any event no later than 14 days from the day on which you informed us of your withdrawal from this agreement. The deadline is met if you send the item back before the expiration of the 14-day period. We bear the costs of returning the item. You are only responsible for the decrease in the value of the item resulting from using it in a manner other than it was necessary to determine the nature, characteristics and functioning of the item.

• The Client’s right to withdraw from the contract is excluded in the case of:
• Agreements in which the subject of the service is a non-prefabricated item, manufactured according to the Client’s specifications or serving to satisfy their custom requirements.
• Agreements in which the price or remuneration depends on fluctuations in the financial market, over which the entrepreneur has no control, and which may occur before the expiration of the withdrawal period.

WITHDRAWAL FORM TEMPLATE

(this form should be filled in and sent back only if you want to withdraw from the contract)

– Addressee: Softgraf Systemy Informatyczne i Grafika Komputerowa Marek Nowak, Plebiscytowa 51G, 43-190 Mikołów, kontakt@softgraf.pl , Phone: +48323260983
– I/We(*) hereby inform about my/our(*) withdrawal from the sales agreement related to the sale of the following items/delivery of the following items(*) a contract for specific work consisting in the performance of the following actions(*)/provision of the following service(*)
– Date of conclusion of the agreement(*)/receipt(*)
– Name and surname of the Consumer(s)
– Address of the Consumer(s)
–  Signature of the Consumer(s) (only if the form is submitted in paper form)
– Date

(*) Delete unnecessary.

Applies to the Client who also is a Consumer :
We are obliged to deliver the goods free of defects. The statutory law of liability for defects of the sold item (warranty for defects) applies to the extent specified in Article 556 and Articles 556[1]-556[3] et seq. of the Civil Code.

Complaints can be submitted:
– in writing to the address: Softgraf Systemy Informatyczne i Grafika Komputerowa Marek Nowak, Plebiscytowa 51G, 43-190, Mikołów.
– via e-mail to the address: kontakt@softgraf.pl.

In the case of exercising warranty rights – if we deem it necessary to consider the complaint, you are obliged to deliver the defective Goods to the postal address indicated above at our expense. If, due to the type of Goods or the way they are installed, the delivery of the Goods would be excessively difficult, you are obliged to make them available to us in the place where they are located. We undertake to respond to the complaint immediately, no later than within 14 days from the date of its submission.

We are liable under the warranty if the physical defect is found before the expiration of two years period counting from the date of delivery of the Goods to you. In the event that the subject of the sale is a used movable item, the liability under the warranty is one year from the moment of its issuance.

In the complaint submitted, it is recommended to provide (1) information regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) specification of the request regarding the manner of removing the defect (replacement of the Goods with a new ones, repair of the Goods, price reduction, withdrawal from the contract – if the defect is substantial) and (3) contact details of the complainant – this will facilitate and speed up the processing of the complaint by the Store. The recommendations set out in the previous sentence serve only as binding guidelines and do not in any way affect the effectiveness of complaints submitted without providing the recommended information.

Applies to a Client who is not a Consumer:

In the case of a Sales Agreement concluded with a Client who is not a Consumer, pursuant to Article 558 § 1 of the Civil Code, the liability of the Online Store under the warranty for defects of the Goods is excluded. This exclusion is ineffective in the defect’s existence was known and willingly omitted by us.

Client can submit their warranty claims directly to an authorized service center, the address of which is on the warranty card. The warranty does not exclude, limit or suspend the Client’s rights resulting from the provisions on warranty for defects of the sold item.

1. In a complaint regarding irregularities related to the functioning of the Online Store, please indicate the type and date of occurrence of the irregularities.
2. We undertake to respond to the complaint immediately and no later than within 14 days from the date of its submission.
3. We would like to inform you that there are opportunities to use out-of-court methods of handling complaints and pursuing claims. The use of these is voluntary and can only take place if both parties to the dispute agree to it.
   • The Consumer may apply to the Trade Inspection Authority for the initiation of proceedings for out-of-court settlement of consumer disputes concerning the concluded Sales Agreement, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2001 No. 4, item 25, as amended).
   • The Consumer may also apply for the resolution of the dispute concerning the concluded Sales Agreement by a permanent arbitration court operating at the relevant Provincial Inspectorate of the Trade Inspection Authority, in accordance with Article 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2001 No. 4, item 25, as amended).
   • The European Commission also provides a platform for online dispute resolution between Consumers and Businesses (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/.
4. Detailed information on the resolution of consumer disputes, including the possibility for the Consumer to use out-of-court methods of handling complaints, pursuing claims and the rules of access to these procedures, are available at the headquarters and on the websites of the Provincial Inspectorates of the Trade Inspection and at the following internet address: https://uokik.gov.pl/spory_konsumenckie.php.
5. We would like to inform you that we undertake to use out-of-court dispute resolution with Consumers within the meaning of the provisions of the Act of 23 September 2016 on out-of-court settlement of consumer disputes. The entity authorized to settle disputes between sklep.softgraf.pl and the Consumer out of court is: Provincial Inspectorate of the Trade Inspection in Katowice, available at: http://www.katowice.wiih.gov.pl/. A consumer may submit a request to this entity to initiate proceedings for out-of-court settlement of consumer disputes.
6. The court competent to settle disputes with Consumers is the court with territorial jurisdiction in accordance with the applicable provisions of the Code of Civil Procedure.
7. The settlement of any disputes arising between sgbelt.com and a Client who is not a Consumer is submitted to the court having jurisdiction over our registered office.
8. In matters not regulated in these Terms and Conditions, the provisions of the applicable law shall apply, in particular the provisions of the Act of 23 April 1964 – The Civil Code (consolidated text Journal of Laws of 2014, item 121, as amended) and the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827). In the event of any contradiction between these Terms and Conditions and the rights of the Clients or the provisions resulting from generally applicable regulations, the generally applicable provisions of Polish law shall apply.