TERMS OF USE 

HARDWAREDIRECT 

 

Publication date 6.03.2024

 

I. GENERAL PROVISIONS 

 

1. The administrator of your personal data is MS Development Marcin Świć, located at Salsy 2, 02-823 Warsaw, registered in the Central Register of Economic Activities, NIP (Tax Identification Number): 5252338008, REGON (National Business Registry Number): 142362411. 

 

2. Contact information: 

2.1. Postal address: Salsy 2, 02-823 Warsaw; 

2.2. Email address: sales@hardwaredirect.pl 

2.3. Phone number: +48 22 33 22 333 

 

Detailed information concerning available means of contact can be found on the online Service within the "Contact" section. Charges for such are in accordance with standard telephone call rates as stipulated by the network operator's tariff package. 

 

3. This Terms of Use is exclusively directed towards Entrepreneurs utilizing the Service. The Seller does not engage in consumer sales, including those for entrepreneurs acting as consumers. Notwithstanding, this Terms of Use includes provisions relevant to Consumers as required by pertinent legal regulations. Nevertheless, the Seller reserves the right to to decline entering into a sales agreement should it be discovered that the other party to the transaction is a Consumer. 

 

4. Consent to the contents of this Terms of Use is voluntary yet imperative for the establishment of an Account, the placement of Orders, the execution of a Sales Agreement, and enrollment for the Newsletter. 

 

5. To make use of the online Service, including, in particular, browsing the online Service's assortment and placing Orders, it is necessary to meet the following minimum technical requirements: 

5.1. The possession of a computing device or other multimedia apparatus (e.g., tablet, phone) with access to the Internet. 

5.2. The presence of an up-to-date internet browser software (e.g., Opera, Safari, Chrome, FireFox, Edge). 

5.3. The possession of an active electronic mail account (email address). 

 

6. Obligations of Customers Using the online Service: 

6.1. To utilize the online Service in strict conformity with the prevailing laws and the stipulations outlined within this Terms of Use. 

6.2. To use the online Service in a manner consistent with accepted standards of propriety, and with due regard for the personal rights of other parties. 

6.3. To abstain from delivering or conveying content of an illicit nature. 

6.4. To use the online Service in a manner that does not interfere with its proper operation. 

6.5. To access and use all content provided within the online Service exclusively for personal, non-commercial purposes. 

6.6. To refrain from initiating actions characterized by the distribution or inclusion of unsolicited commercial communications (commonly referred to as "spam") within the online Service.  

 

II. DEFINITIONS: 

In this Terms of Use, capitalized terms, including their inflections and use in both singular and plural form, shall signify: 

 

1.1. WORKING DAY – a day from Monday to Friday, excluding statutory non-working days in accordance with Polish law. 

1.2. CONTACT FORM – a form available on the website of the online Service, facilitating communication with the Seller. 

1.3. CUSTOMER – an individual having full legal capacity conducting business activity, as well as a legal person or an organizational unit without legal personality but endowed with legal capacity by the provisions of the law, utilizing the online Service, and particularly placing Orders through the online Service, in accordance with the terms stipulated in this Terms of Use. A Customer can be either a Consumer (an entrepreneur exercising consumer rights) or an Entrepreneur. 

1.4. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws of 2022, item 1360, 2337, 2339). 

1.5. CONSUMER – For the purposes of this Terms of Use, a Consumer is exclusively an individual who conducts a sole proprietorship and enters into a Sales Agreement directly related to their economic activity, provided that the Agreement does not bear a professional character in relation to the nature of the individual's business activity, particularly as arising from the subject of their economic activity. 

1.6. ACCOUNT – An Electronic Service identified by an individual name (login) and a password provided by the Customer, constituting a set of resources within the Seller's teleinformatics system, where data provided by the Customer and information concerning Orders placed by the Customer in the online Service are stored. The Account also enables the use of additional functionalities of the online Service. The Seller may offer the creation of an Account for the Customer (a business account), to which the accounts of other users (company employees) may be assigned. 

1.7. CART – An Electronic Service, an interactive form available on the online Service that allows the placement of an Order, particularly by adding Products to the cart and specifying the terms of the Sales Agreement, including the method of delivery and payment. 

1.8. CONFIGURATOR – A tool used for independent selection and combination of Products into a single Product. The Configurator is utilized for the creation of personalized Products. 

1.9. NEWSLETTER – An Electronic Service provided by the Seller through email, which enables all subscribing Customers to automatically receive periodic content from the Seller in successive editions of the Newsletter. This content includes information about Products, updates, and promotions within the online Service. 

1.10. PRODUCT/GOOD – Various electronic products and additional services available in the Seller's online Service, such as servers, storage arrays, switches, chassis, warranty extensions, service packages, and services that are the subject of a Sales Agreement between the Customer and the Seller. For the purposes of this Terms of Use, Digital Content available in the online Service for sale is also considered a Product, subject to separate rules as indicated in the Digital Content Delivery Agreement section. 

1.11. ENTREPRENEUR – A Customer, being either an individual, a legal entity, or an unincorporated entity, endowed with legal capacity by the provisions of the law, who conducts business or professional activities in their own name. 

1.12. TERMS OF USE/AGREEMENT FOR SERVICE PROVISION – This document delineates the principles governing the formation of Sales Agreements, Agreements for Digital Content Delivery, and the terms of service provision and utilization made available by the Seller to Customers through the online Service. The Terms of Use specify the rights and obligations of the Customer and the Seller. In terms of services provided electronically, these Terms of Use are the regulations referred to in Article 8 of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2020, item 344). 

1.13. ONLINE SERVICE – The Seller's online Service accessible at the following address: https://hardwaredirect.pl/ 

1.14. SELLER – The Seller is Marcin Świć conducting business activity under the name MS Development Marcin Świć, located at Salsy 2, 02-823 Warsaw 

1.15. DIGITAL CONTENT – Data generated and delivered to the Customer in digital form (e.g., e-books, audiobooks, videos). 

1.16. OUTLET GOODS – Various discounted, damaged Goods, whether new or used, as well as undamaged Goods discounted for other reasons, particularly due to factors like limited stock of full-value products, end-of-series items, excess production, models from previous seasons, displayed in a separate, dedicated section on the online Service's webpage. 

1.17. AGREEMENT FOR DIGITAL CONTENT DELIVERY – An agreement for the sale of Digital Content entered into or to be entered into between the Customer and the Seller through the online Service. 

1.18. SALES AGREEMENT/AGREEMENT – An agreement for the sale of a Product entered into or to be entered into between the Customer and the Seller. 

1.19. ELECTRONIC SERVICE – Provision of services electronically by the Seller to the Customer through the online Service. To the extent that services are provided by entities cooperating with the Seller, the respective provisions concerning the terms of using these services are contained within the regulations related to the provision of services by those entities. 

1.20. USER/SERVICE RECIPIENT – A Customer utilizing Electronic Services provided by the Seller. 

1.21. ORDER – A declaration of intent by the Customer, placed through the online Service, specifying the type and quantity of Products available in the online Service's assortment, as well as determining the method of payment, product delivery, place of product collection, and the Customer's details. This constitutes the Customer's submission of an offer to the Seller to conclude a sales agreement through the online Service. 

 

 III. ELECTRONIC SERVICES IN THE ONLINE SERVICE 

1. The following Electronic Services are available in the online Service: 

1.1. Account, 

1.2. Cart, 

1.3. Newsletter, 

1.4. Contact Form. 

 

2. Account 

2.1. Utilizing the Account is voluntary and free of charge. 

2.2. To access electronic services available through the Account, it is necessary to create an Account and log in using a designated password and login. 

2.3. Registering an Account requires completing an electronic form available on the online Service (by entering the necessary data, including personal information such as the User's email address). 

2.4. Registering an Account necessitates the User's acceptance (by marking appropriate checkboxes) of the Terms of Use, Privacy Policy, and a declaration of not having the status of a consumer within the meaning of the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827, as amended) and the Act of April 23, 1964, the Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended). 

2.5. Access to the Account is granted to the User only after activation. 

2.6. Registering an Account is equivalent to the conclusion of an agreement for service provision between the User and the Seller. 

2.7. The User is not allowed to transfer Account rights to third parties. 

2.8. Each Account is assigned to a specific User. The User has the right to register only one Account per email address. 

2.9. The Account allows the User, in particular, to: 

a) Access the "My Orders" functionality, which contains information about all placed and canceled orders and their details, provided that the orders were placed or canceled using the Account service. 

b) Access the "My Account" functionality, enabling the User to enter and modify personal information required for the execution of the Sales Agreement at any time. 

c) Access the "Sales Documents" functionality, allowing access to invoices issued by the Seller. 

d) Access the "Complaints" functionality, by entering the "Orders" tab and then the "History of Completed Orders" tab, the User can submit a complaint regarding a specific Order. 

The Seller reserves the right to temporarily or permanently suspend individual Account functionalities in order to perform updates, maintenance, or implement measures to protect the rights and freedoms of Users and/or the Seller. 

 

3. Cart 

3.1. Use of the Cart is free of charge and voluntary but essential for the Customer to submit an offer to conclude a Sales Agreement. Utilization of the Cart commences upon the Customer's addition of the first Product. 

3.2. The act of placing an Order occurs after the Customer proceeds through successive steps, which involve adding Products to the Cart, completing the order form, and clicking the "Place an Order with an obligation to pay" button. Up until this moment, there is an opportunity for modification of the data entered in the form. 

3.3. Information provided in the Cart includes personal data, such as name and surname/company name, address, email address, contact phone number, VAT identification number, and data related to the Sales Agreement: Product(s), quantity of Product(s), location and method of Product delivery, and payment method. 

3.4. The Cart Electronic Service is provided free of charge, has a one-time nature, and concludes upon the submission of an Order through it or earlier cessation of Order submission by the Customer. However, when the Customer uses Cart functionality in conjunction with the Account service, the Cart service encompasses access to purchase history. 

 

4. Newsletter 

4.1. The service of sending Newsletters involves the Seller sending a message to the User's email address containing information about the Seller's Goods or services. Newsletters are exclusively sent to Customers who have voluntarily subscribed. 

4.2. Using the Newsletter service requires the User to have an active email address. 

4.3. An agreement for the provision of the electronic service involving Newsletter delivery can be entered into by any User who enters their email address in the Newsletter registration form available on the online Service's webpage. 

4.4. The conclusion of a Newsletter delivery agreement is contingent upon the User's consent. Acceptance is manifested by marking the checkbox provided during the subscription process. 

4.5. Upon the User's subscription to the Newsletter, an agreement for the provision of the electronic service involving Newsletter delivery is formed. 

4.6. The Customer may opt out of the Newsletter at any time by unsubscribing through the link provided in every email containing the Newsletter or by contacting the Seller via email at: support@hardwaredirect.pl. 

 

5. Adding Reviews 

5.1. Every Customer who has made a purchase on the online Service can add reviews about a Product. 

5.2. To add a review for a Product without being logged in as a Customer, it is necessary to provide a name and email address and accept the clause regarding personal data protection. Providing this information is voluntary, but in case of its absence delivering the service will be impossible. 

5.3. The Customer acknowledges and accepts that Reviews: 

a) Can only be submitted by individuals who have made a purchase of the respective Product on the online Service. 

b) Serve an informative purpose and do not constitute advertising within the meaning of laws against unfair competition (Journal of Laws of 2022, item 1233) and the Act on counteracting unfair market practices (Journal of Laws of 2017, item 2070, and of 2022, item 2581). 

c) Must not be in violation of the Terms of Use, Privacy Policy, or contain any other content prohibited by the applicable laws. 

d) Must not infringe upon the Seller's rights or the rights of third parties, including personal rights and copyrights. 

5.4. The Customer has the right to notify the Seller of any instances of their rights being violated, as well as any breaches of the rules defined in the Terms of Use or Privacy Policy by the Reviews posted. 

5.5. The Seller reserves the right to delete or withhold the publication of Reviews in the event of non-compliance with the Terms of Use, Privacy Policy, legal regulations, or good practices. The Seller also retains the right to block the possibility of publishing content for individuals who violate the provisions of this Terms of Use. 

5.6. By submitting a Product Review, the Customer authorizes the Seller to publish it on the online Service's webpage without a time limit and with the right to connect it with other content. 

5.7. The Seller may at any time verify whether the posted reviews comply with the Terms of Use, especially as to whether they originate from Customers who have genuinely purchased the Product. 

5.8. By posting reviews for a Product, the Customer grants the Seller a non-exclusive, non-remunerative license to utilize, record, modify, delete, supplement, publicly perform, publicly display, duplicate, and disseminate (particularly on the Internet) these contents, worldwide. This right includes the authority to grant sublicenses and the authorization to independently exercise, or through third parties, related rights in terms of creating, adapting, modifying, and translating the work in the sense of the Act of February 4, 1994, on Copyright and Related Rights (Journal of Laws of 2022, item 2509, as amended). 

 

6. Contact Form: 

6.1. The Seller provides a Contact Form on the website of the online Service. 

6.2. The Customer may use the Contact Form or Product Inquiry Form to contact the Seller, as well as to obtain additional information about a particular Product. Using the Contact Form and/or Product Inquiry Form requires providing basic Customer information such as full name and email address, and also granting consent to the processing of this personal data by the Seller for the purpose of handling the ongoing correspondence. 

6.3. Upon approval of the Contact Form or Product Inquiry Form, an agreement for the provision of an electronic service is established between the Seller and the User. 

 

7. The agreement for the provision of Services is concluded for an indefinite period. Each party to the agreement for the provision of Services may terminate it (all the Services used together or each of them separately) without specifying reasons. 

 

8. A termination statement may be submitted in electronic form (via email) to the following address: support@hardwaredirect.pl. 

 

9. The Seller may resign from the agreement for the provision of services electronically at any time, with immediate effect. 

 

10. The termination of the binding force of the agreement for the provision of Services does not affect the binding force and content of the Sales Agreements and service agreements for Products concluded by the User before the termination of the binding force of the agreement for the provision of Services. 

 

11. In the event of the termination of the binding force of the agreement for the provision of Services between the parties, the User's Account ceases to be active and accessible to the User. Any Orders placed by the User, except those for which Sales Agreements have already been concluded, are canceled. If the User only used the Reviews service, the Reviews added by them to the Products may be deleted or retained on the online Service, at the Seller's discretion. 

 

12. Complaint Procedure: 

12.1. Complaints related to the provision of Electronic Services can be submitted in electronic form via email to the following address: support@hardwaredirect.pl. 

12.2. The Service Provider shall respond to the complaint without undue delay, no later than within 14 calendar days from the date of its submission. 

 

 IV. TERMS OF SALES AGREEMENT 

 

1. The Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an order using the Cart in the Online Service and the Seller has informed the Customer via email that their order has been processed and is ready for dispatch. 

 

2. Price of the Product 

2.1. The price displayed on the Online Service website is in Polish zlotys and includes value-added tax (VAT), making it a gross price. However, it does not include the costs of delivering the Product to the Customer. 

2.2. The Customer is informed about the total price, including taxes, of the ordered Product, as well as the delivery costs (including transportation, delivery, and postal services), and any other relevant costs during the order placement process on the Online Service website. 

2.3. Information about the Product's price, features, and significant properties is available on the Online Service website alongside the presented Product. 

2.4. The price presented in the order summary at the time of placing the order through the Online Service is the final and binding price. 

2.5. In the case of digital content, the Seller permits payment for digital content by providing the Customer's personal data (e.g., signing up for the newsletter and providing an email address). 

The information about the Products posted on the Online Service website, such as Product features, colors, dimensions, materials, and purpose, provided by the Product manufacturers, may slightly differ from the actual characteristics of the Product due to technical limitations in transmitting this information. The Seller makes every effort to ensure that the descriptions and images of the Products are accurate and up-to-date. 

 

3. Procedure for entering into a Sales Agreement on the Service: 

3.1. Prior to placing an Order, it is necessary to become familiar with and accept the Terms of Use. When placing an order through the Portal, the Customer confirms this by checking the appropriate checkbox. Acceptance is made during the order placement process or when creating a Customer Account. Failure to accept the provisions of the Terms of Use during the order placement process will prevent the purchase of Products through the Service. 

3.2. Orders can be placed through the Service by the Customer twenty-four hours a day, seven days a week. 

3.3 To place an Order through the Service, it is required: to select the chosen Products, choose the area and method of Product delivery, payment method, fill out the order form, and then confirm and send the Order by clicking on the "Order with an obligation to pay" button. Clicking on the "Order with an obligation to pay" button signifies the Customer's commitment to the Order with an obligation to pay. 

3.4. During the Order placement process – until the moment the "Order with an obligation to pay" button is pressed, the Customer has the option to modify the Order, particularly in terms of selecting the Goods, the area and method of delivery, the payment method, and the data provided in the order form. 

3.5. Placing an Order occurs when the Customer presses the "Order with an obligation to pay" button. Placing an Order through the website entails an obligation to make payment. 

3.6. Placing an Order by the Customer signifies making an offer to the Seller to conclude a sales contract for the Product that is the subject of the Order. 

3.7. Upon placing an Order, a confirmation of receiving the Order will be sent to the Customer's email address without delay. 

3.8. In the case of Products that are individually configured for the Customer, cancellation or modification of the Order is possible until the configuration of the Goods begins. For other Products, changes or cancellations can be made until the Goods are shipped to the Customer. 

3.9. Upon informing the Customer via email that the Order has been completed and is ready for shipment, a Sales Agreement is concluded. 

3.10. Customers who choose to pay in advance when placing an Order should settle the price and delivery costs for the Goods immediately, no later than within 5 days from receiving an electronic message from the Seller confirming the Order (unless the Parties have agreed otherwise). In the event of non-payment within the specified period, the Order is automatically canceled, and the Customer is not notified of this. 

3.11. The Seller is entitled to cancel the Order until sending an email informing the Customer of its completion and readiness for shipment, only in the following cases: 

a) when it has knowledge that the Order was placed in bad faith and with the intention to harm the Seller, 

b) in the case of a breach of the provisions of the Terms and Conditions by the Customer, 

c) in the event of circumstances beyond the control of the Seller, such as a computer system error that the Seller had no influence over or the occurrence of force majeure circumstances. 

In such a case, the Seller promptly informs the Customer via email, to the address provided in the Order, of the cancellation of the Order and the reasons for it. 

 

4. In the event that the time for order fulfillment or delivery costs were not agreed with the Customer during the order placement process, the order requires subsequent confirmation. 

 

5. After the Sales Agreement is concluded, the Seller may contact the Customer at the provided phone number or email address to assess the level of customer satisfaction with the transaction conducted on the Internet Service, provided the Customer gives consent for such contact. 

 

6. The provisions of this section apply accordingly to the Agreement for the delivery of digital content, with the exception that when entering into an Agreement for the delivery of digital content, the Customer declares (by selecting the appropriate checkbox options) that they acknowledge that the Agreement for the delivery of digital content will be fully performed upon the delivery of the digital content, and the Customer does not have the statutory right to withdraw from the contract within 14 days. 

 

V. PAYMENT METHODS AND TERMS FOR PRODUCTS 

 

1. The Seller provides the Customer with the following payment methods for the Sales Agreement: 

1.1. Cash on delivery upon receiving the shipment. Cash on delivery is not available for the purchase of digital content. 

1.2. Electronic payment using payment intermediaries. 

1.3. Traditional bank transfer to the Seller's bank account. 

1.4. Payment with a deferred 30-day payment term or installment payment. 

1.5. In the case of digital content, the Seller allows payment for digital content by providing the Customer's personal data (e.g., subscribing to the newsletter). 

 

2. The Seller reserves the right to modify, periodically disable, or replace the above-mentioned payment methods. 

 

3. Claims arising from non-execution or improper execution of payment processing should be directed to the appropriate payment intermediary directly via email, using the contact form, or by phone, in accordance with the terms of service for electronic payments of the given payment intermediary. 

 

4. A detailed list of payment methods and options, including intermediaries, is available on the website in the "Payments" section. 

 

VI. COST, METHODS, AND DELIVERY TIME OF PRODUCTS, AS WELL AS PRODUCT RECEIPT 

 

1. The Online Service provides purchased Goods within the territory of the Republic of Poland, within the EU, and outside the EU. The Service reserves the right to limit the assortment available for international shipping. Information on whether a product can be shipped outside of Poland is available during the order placement process or directly from the Seller. 

 

2. The delivery time of Goods depends on the delivery method chosen by the Customer. 

 

3. Detailed delivery terms and a list of entities cooperating with the Seller in the delivery of Goods are available on the website in the "Delivery" section. 

 

4. The Seller suggests that Customers unpack the Goods in the presence of the courier and check whether the Goods are not damaged. In the event of damage to the Goods during transport, the courier will prepare the appropriate protocol and collect the shipment, which will significantly facilitate any potential complaint process. 

 

5. In the absence of separate agreements between the Parties, the release of the Goods will occur no earlier than the full payment of the Order price. In the event of non-collection of a COD (Cash on Delivery) Order, the order will be canceled and returned to the Seller. If the Order has been paid for by the Customer, all funds will be refunded in the manner in which the Customer made the payment, unless the Customer explicitly agrees to a different method of refund that does not incur any additional costs. 

 

6. Until the Goods are received by the Customer, the Goods remain the property of the Seller. 

 

7. Delivery costs are available on the product pages or in the order summary, and their amount depends on the type and size of the shipment. 

 

8. In the case of Agreements for the delivery of digital content, the above rules are modified as follows: 

8.1. Digital content can be delivered outside the territory of the Republic of Poland. 

8.2. Digital content is made available for download directly on the Online Service website or is delivered to the email address provided by the Customer. 

8.3. The delivery of digital content occurs immediately after the full payment and after the acceptance of this Terms of Use, Privacy Policy, and after submitting a statement of acceptance of the full performance of the Agreement for the delivery of digital content by the Seller. Digital content is considered delivered at the moment when the digital content or the means that allow access to the digital content or downloading of the digital content has been made available to the Customer. 

 

VII. PRODUCT COMPLAINTS 

 

1. The sale of Goods is limited exclusively to entities engaged in economic activity in accordance with the definitions established in this Terms of Use (Entrepreneur). Due to the applicable legal regulations, the Seller presents the method of implementing the rights of individuals using consumer rights (Consumers). 

 

2. The Seller is obligated to fulfill the information obligation to provide the Consumer with Goods that comply with the Agreement and are free from legal defects. The Goods are in compliance with the Agreement if: 

2.1. Its description, type, quantity, quality, completeness, and functionality, and in the case of digital content - also compatibility, interoperability, and the availability of updates, are the same as specified in the Sales Agreement. 

2.2. It is suitable for the purposes for which Goods of this kind are intended to be used, considering the applicable legal regulations, technical standards, or best practices. 

2.3. It is delivered in such quantity and has such characteristics, including durability and safety, and in the case of digital content - also functionality and compatibility, as are typical for Goods of this kind and which the consumer can reasonably expect, given the nature of the Goods and the public assurances made by the Seller, especially in advertising or on the label. 

2.4. It should be delivered with packaging, accessories, and instructions that the Consumer can reasonably expect or that result from the description of the Product. 

2.5. It is suitable for a specific purpose for which it is needed by the Consumer, which the Consumer notifies the Seller of no later than at the time of concluding the Sales Agreement, and which the Seller accepts. 

 

3. The Seller is not liable for the non-compliance of the Goods with the Agreement in the scope specified in paragraph 2 if the Consumer, no later than at the time of placing the Order, has been clearly informed that a specific characteristic of the Goods deviates from the requirements of compliance with the Agreement. 

 

4. The Seller is responsible for compliance of the Goods with the Agreement with the Consumer in accordance with the principles specified in the Consumer Rights Act. 

 

5. A complaint can be submitted by the Consumer, for example: 

5.1. In the form of an email sent to the address: support@hardwaredirect.pl 

5.2. Through the User Account; 

5.3. In writing to the address: ul. Salsy 2, 02-823 Warsaw, with the note "Complaint." 

 

6. A complaint report must include the following information: first and last name, correspondence address, email address (if the Customer wishes to receive a response to the complaint via email), the date of purchase of the Goods, the type of Goods being complained about, an accurate description of the non-compliance of the Goods with the Agreement and the date of its discovery, photos of the Goods, Customer's claim, as well as the preferred method for informing the Consumer about the handling of the complaint. Along with the complaint report, the Customer should provide the Seller with proof of the purchase of the Goods (a copy of the receipt or an invoice, a credit card statement, or any other proof). 

 

7. If the Goods are not in compliance with the Agreement, the Consumer may: 

7.1. Demand the repair of the Goods; 

7.2. Demand the exchange of the Goods for those that comply with the Agreement; 

 

8. Instead of the solution proposed by the Consumer to rectify the non-conformity with the Agreement (repair), the Seller may replace the Goods with defect-free ones, or instead of replacing the Goods, may rectify the non-conformity with the Agreement (repair), if bringing the Goods into conformity with the Agreement in the manner chosen by the Consumer is impossible or would require excessive costs on the part of the Seller. 

 

9. The Consumer cannot withdraw from the agreement if the lack of conformity of the Goods with the Agreement is immaterial. 

 

10. Small differences in the external appearance of the Goods provided to the Consumer in comparison to the appearance of the Goods (including those of the same kind, brand, and model) presented graphically on the Internet Service, which may result from different monitor settings, lighting conditions, and other factors related solely to using the Internet for shopping, do not constitute the basis for a complaint. 

 

11. In the case of replacement or bringing the Goods into conformity with the Agreement (repair), the Seller will collect the Goods from the Consumer at the Seller's expense. In the case of withdrawal from the Agreement, the Customer must return the Goods to the Seller at their own expense. 

 

12. The Seller will consider and respond to the complaint promptly, no later than within 14 days from the day of its receipt. 

 

13. The Consumer will be informed about the method of handling the complaint in accordance with the information provided in the complaint report, as well as their preferred means of communication. 

 

14. If there are any deficiencies in the submitted complaint, the Seller will contact the Consumer to complete the information as per the address details provided in the complaint report. 

 

15.The Seller is responsible for the non-conformity of the Product with the Agreement that exists at the time of its delivery and is revealed within two years from that moment, unless the period of usability specified by the Seller is longer. It is presumed that the non-conformity of the Product with the Agreement that has been revealed before the expiration of two years from the moment of delivery existed at the time of its delivery unless proven otherwise or unless such a presumption contradicts the nature of the Product or the character of the non-conformity of the Product with the Agreement. 

 

16. After reviewing the complaint (both positive and negative), the Seller sends the Goods directly to the Consumer at the Seller's expense. If the Consumer fails to accept the delivery and the Goods are returned to the Seller's headquarters, the Seller contacts the Consumer by phone or at the email address provided in the complaint report, informing them of the possibility of resending the Goods at the Consumer's expense. The Consumer has 30 days to pick up the returned Goods or declare a resend. If this deadline is exceeded, the Goods are sent to the Seller's logistics center, which is entitled to charge the Consumer for storage costs, and in the absence of storage space, for the disposal of the Product at the Consumer's expense and risk. In the case of disposal, the Seller refunds the purchase price to the Consumer, deducting storage and disposal costs. 

 

VIII. RIGHT TO WITHDRAW FROM THE AGREEMENT - RETURN OF PRODUCTS 

 

1. A Consumer who has entered into a distance agreement may, within 14 calendar days from the receipt of the Product under the concluded Sales Agreement or Agreement for the delivery of digital content, withdraw from the agreement without providing a reason. To meet the withdrawal deadline, it is sufficient to send a withdrawal statement before the aforementioned deadline. The withdrawal statement can be submitted, for example: 

1.1. Through the Customer's Account; 

1.2. In electronic form using the return link received in the order confirmation email; 

1.3. By electronically completing and sending the withdrawal form (Annex No. 1 to this Terms of Use) or via email. 

 

2. The withdrawal period begins: 

2.1. for agreements under which the Seller transfers ownership of the Product (e.g., Sales Agreement, Agreement for access to digital content) – from the day when the Consumer or a third party designated by them, other than the carrier, takes possession of the Product, or for agreements that involve multiple Products delivered separately, in batches, or in parts – from the day when the Consumer takes possession of the last Product, batch, or part, or for agreements involving regular delivery of Products for a specified period – from the day when the Consumer takes possession of the first Product. 

2.2. for other agreements – from the day of entering into the agreement. 

 

3. In the case of withdrawal from a distance agreement, the agreement is considered not to have been concluded. 

 

4. In the case of withdrawal from an agreement for the delivery of digital content, the Consumer is obliged to stop using this digital content and to cease providing it to third parties. 

 

5. The Seller is obligated to refund the Consumer without undue delay, but no later than within 14 calendar days from the day of receiving the Consumer's statement of withdrawal from the agreement, including the delivery costs of the Product (excluding additional costs resulting from the Consumer's choice of a delivery method other than the cheapest standard method of delivery available on the Internet Service). The Seller will make the refund using the same payment method that the Consumer used, unless the Consumer has explicitly agreed to a different method that doesn't incur any costs for them. The Seller may withhold the refund until the Product is returned or until the Consumer provides proof of its return, whichever occurs first. 

 

6. In the case of withdrawal from the Agreement for the delivery of digital content by the Consumer, the Seller is obligated to refund only a portion of the price corresponding to the digital content that was not in conformity with the agreement and the digital content for which the delivery obligation has ceased due to the withdrawal from the agreement. 

 

7. In the event that payment for digital content was made by providing personal data upon withdrawal from the agreement by the Consumer, the Seller will promptly delete the Consumer's data provided in connection with the delivery of the digital content (to the extent they were used as a means of payment for the digital content). 

 

8. The Consumer is obligated to return the Product to the address specified by the Seller without undue delay, but no later than within 14 calendar days from the day they withdrew from the agreement. 

 

9. The Consumer is responsible for any reduction in the value of the Product resulting from using it in a manner exceeding what is necessary to establish the nature, characteristics, and functioning of the Product. 

 

10. Possible costs related to the Consumer's withdrawal from the agreement that they are obliged to bear: 

10.1. If the Consumer has chosen a delivery method for the Product other than the cheapest standard delivery method available on the Internet Service, the Seller is not obliged to reimburse the Consumer for any additional costs incurred by them. 

10.2. The Consumer is responsible only for the direct costs of returning the item. 

 

11. The right to withdraw from a distance agreement does not apply to the Consumer in the case of agreements: 

11.1. For the delivery of Digital Content or the provision of a Digital Service, if the entrepreneur has provided the Digital Content or fully performed the Digital Service with the explicit consent of the Consumer, who was informed before the performance began that once the entrepreneur has fully performed the service, the Consumer will lose their right to withdraw from the agreement. 

11.2. In which the subject of performance is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy their individual needs (using a configurator). 

 

IX. MODIFICATION OF LIABILITY TOWARDS ENTREPRENEURS 

 

1. Withdrawal from the agreement by the Entrepreneur is only possible when the defect of the Product is substantial and deprives the Product of its functionality. The Entrepreneur is obligated to inspect the Product promptly upon receipt. 

 

2. Regarding Entrepreneurs, liability for defects as defined in Art. 556 to Art. 576 of the Civil Code arises only when the Entrepreneur inspects the Product promptly upon receipt. 

 

3. Upon the delivery of Products that are the subject of the Sales Agreement to the carrier, the benefits and burdens related to the Products and the risk of their accidental loss or damage are transferred to the Entrepreneur. 

 

4. The Entrepreneur is obligated to inform the Seller of their intention to exercise the right to a warranty immediately, no later than 7 days from the day of discovering the defect in the Product. 

 

5. The deadline for responding to a complaint filed by the Entrepreneur is extended to 21 days. 

 

6. In addition to the principles established separately in this section, the provisions of section 7 of the Regulation apply accordingly. 

 

X. PRODUCT WARRANTY 

 

1. Some products offered by the Seller are covered by the manufacturer's warranty or the seller's warranty. 

 

2. The Customer will be informed about the existence of the warranty at the latest when the product is delivered. 

3. The Seller is also entitled to offer an additional service in the form of an extended warranty. Information about this statement and its conditions will be included in the description of this service. 

4. Detailed information regarding the warranty is available on the website in the "Warranty" section, in the warranty card, or on the product page under "Extended Warranty." 

 

XI. DIGITAL CONTENT COMPLAINTS 

 

1. In the case of Agreements for the delivery of Digital Content, the provisions of sections 7 - 9 apply accordingly, with the exceptions specified below. 

 

2. To be considered compliant with the agreement, digital content must: 

2.1. Be suitable for the purposes for which Digital Content of this kind is typically used, taking into account applicable legal regulations, technical standards, or best practices. 

2.2. Be provided in the quantity and have the features, including functionality, compatibility, availability, continuity, and security, that are typical for Digital Content of this kind and can be reasonably expected by the Customer. 

 

3. The Seller informs the Consumer about updates, including those related to security, necessary to maintain compliance of Digital Content with the agreement and provides them within a period reasonably expected by the Consumer, taking into account the type of Digital Content. In the case of continuously delivered Content, this should be done within the timeframe specified in the Agreement for the delivery of Digital Content. 

 

4. The Seller is responsible for the lack of compliance with the agreement of Digital Content delivered one time, which existed at the time of delivery and was revealed within two years from that moment. It is presumed that the lack of compliance of Digital Content with the agreement, revealed before the expiration of one year from the delivery of Digital Content, existed at the time of delivery. 

 

5. If Digital Content is not compliant with the agreement, the Consumer may demand that it be brought into compliance. The Seller may refuse to bring the Digital Content into compliance with the agreement if bringing it into compliance is impossible or would require excessive costs for the Seller. 

 

6. In the case of withdrawal from an agreement for the delivery of Digital Content, the Consumer is obliged to cease using this Digital Content and sharing it with third parties. 

 

7. In cases where payments for Digital Content were made through the provision of personal data when the Consumer withdrew from the agreement, the Seller shall promptly delete the Consumer's data provided in connection with the delivery of Digital Content (to the extent to which they were used as a means of payment for digital content). 

 

XII. OUTLET SECTION 

 

1. On the terms specified below, the Seller allows Customers to enter into a Sales Agreement, the subject of which is substandard goods (so-called outlet goods). 

 

2. Each of the outlet goods available in the Online Service is presented with a photograph and a detailed description of the so-called defect, i.e., the reason for the discount of the Goods (e.g., damage, end of the series, unusual color, or finish). 

 

3. The Seller informs that in the scope of the defect disclosed, the complaint of outlet Goods is excluded. Any complaints about outlet Goods can only concern a defect other than the defect disclosed by the Seller. 

 

 

XIII. CONFIGURATOR - PERSONALIZED PRODUCTS 

 

1. The Seller may offer Customers access to a Configurator, which allows for personalizing Products and adapting them to the needs and requirements of the Customer. 

 

2. When choosing a Product subject to personalization, the Customer has the possibility, in particular, of choosing components and parameters of the Product. 

 

3. The Customer has the option to personalize the Product using the Configurator provided on the Website. 

 

4. Regarding personalized Products, i.e., those made to individual orders, in accordance with the Customer's demand and provided guidelines, the consumer's right to withdraw from the contract is excluded. 

 

XIV. COPYRIGHT 

 

All rights to the Online Service, including proprietary copyrights, intellectual property rights to its name, internet domain, as well as to patterns, forms, logos, photos posted on the online Service (with the exception of certain logos and photos presented on the online Service, for which copyright belongs to third parties), belong to the Seller. 

 

XV. PERSONAL DATA PROTECTION 

 

1. Customer personal data is processed by the Seller, who acts as the data administrator. 

 

2. Providing personal data by the Customer is voluntary but necessary for the conclusion and performance of agreements for the provision of Electronic Services and for the conclusion and performance of Sales Agreements. 

 

3. The Seller employs appropriate technical and organizational measures to ensure the protection of processed personal data. 

 

4. Customer’s personal data provided within the online Service or obtained based on the Customer's online activity will be processed by the Seller for specific, defined purposes indicated within individual forms in the online Service and detailed in the Privacy Policy available on the Service. 

 

5. As a rule, the Customer has the right, depending on the use of specific functionalities, to file a complaint with the authority responsible for personal data protection, the right to object, the right to access their personal data, request their correction, deletion, processing restriction, and data transfer. 

 

6. Additional explanations regarding personal data protection are included in the "Privacy Policy." 

 

XVI. FINAL PROVISIONS 

 

1. Sales agreements and agreements for the provision of Electronic Services are concluded in the Polish language. 

 

2. The content of this Terms of Use is available on the website: hardwaredirect.pl

 

3. The Terms of Use can be recorded, obtained, and reproduced at any time by printing it, saving it on an appropriate storage medium, or downloading it in PDF format and saving it on computer from the website. 

 

4. The Seller reserves the right to change the provisions of this Terms of Use, committing to publish the unified text of the Terms of Use on the website of the Internet Service, indicating the effective date of the changes, and also by sending a notification of changes to the Customer's email address. 

 

5. In the event that a change to the Terms of Use results in the introduction of any new fees or an increase in existing ones, the Customer has the right to terminate the agreement within 14 days from the notification of the change in the Terms and Conditions. 

 

6. Any disputes arising between the Seller and the Customer will, in the first instance, be resolved amicably through mutual negotiations. In the event of failure to reach mutual agreement on disputed matters, the matter will be resolved by the court having jurisdiction over the Seller's registered office, and in the case of disputes with a Consumer, by the court having jurisdiction over that Consumer. 

 

7. The Seller informs the Customer about the possibility of using out-of-court dispute resolution methods. In the case of Consumer claims, detailed information and procedures are available from local consumer rights advocates, Trade Inspection Inspectorates, or at the following address: https://ec.europa.eu/consumers/odr 

 

8. Matters not regulated in this Terms of Use are governed by the generally applicable provisions of Polish law, in particular the Civil Code, the Act on the Provision of Electronic Services, the Consumer Rights Act, the Copyright and Related Rights Act, and other relevant provisions of generally applicable law.