The ultra-desk.it online store takes care of consumer rights. The consumer cannot waive the rights granted to them in the Consumer Rights Act. Provisions of contracts less favorable to the consumer than the provisions of the Consumer Rights Act are invalid and in their place the provisions of the Act on Consumer Rights shall apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted to the consumers by virtue of mandatory provisions of law, and any possible doubts should be construed in favor of the consumer. In case of non-compliance of the provisions of these Regulations with the above provisions, priority is given to these provisions and they shall apply.
1. GENERAL PROVISIONS
1.1. The ultra-desk.it Online Store run by CYBERLEVEL SP. Z O.O. (LLC.) entered into the National Court Register of the Republic of Poland kept by the minister competent for justice, with: its address of the place of business: ul. Piotra Norblina 27, 40-748 Katowice, Poland, Tax ID No 6342858373, KRS 0000606474, e-mail address: info@ultradesk.com.
1.2. These Regulations are addressed both to the consumers and to the entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise and is addressed only to the consumers or only to the entrepreneurs.
1.3. The Data Controller for the personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for purposes within the scope and on the basis of the grounds and principles indicated in the privacy policy published on the Online Store website. .. The privacy policy contains primarily rules for the processing of personal data by the Data Controller in the Online Store, including the grounds, purposes and scope of processing personal data and the rights of data subjects, as well as information on the use of cookie files and analytical tools in the Online Store. Using the Online Store, including making purchases is voluntary. Similarly, the provision of personal data by the Client or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
1.4.3. ORDER FORM – An Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to an electronic cart and defining the terms of the Sales Agreement, including the methods of delivery and payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, to whom the law grants legal capacity; – who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – Civil Code of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT – Electronic Service, marked with an individual name (login) and password provided by the Client, a set of resources in the Service Provider’s IT system in which the data provided by the Client and the information about Orders placed in the Online Store are collected.
1.4.7. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all recipients of the Service to automatically receive from the Service the cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.
1.4.8. PRODUCT – a movable item available in the Online Store which is the subject of a Sales Agreement between the Customer and the Seller.
1.4.9. REGULATIONS – these regulations of the Online Store.
1.4.10. ONLINE STORE – the Service Provider’s online store available at the following Internet address: ultra-desk.it
1.4.11. SELLER, SERVICE PROVIDER CYBERLEVEL SP. Z O.O. (LLC.) entered into the National Court Register of the Republic of Poland kept by the minister competent for justice, with: its address of the place of business: ul. Piotra Norblina 27, 40-748 Katowice, Poland, Tax ID No 6342858373, KRS 0000606474, e-mail address: info@ultradesk.com.
1.4.12. SALES AGREEMENT – a Product sales contract being concluded or concluded between the Customer and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Client via the Online Store.
1.4.14. CLIENT – (1) a natural person with full legal capacity and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, to whom the law grants legal capacity; – using or intending to use the Electronic Service.
1.4.15. ACT ON CONSUMER RIGHTS, ACT – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended)
1.4.16. ORDER – Customer’s declaration of intent submitted via the Order Form and aiming directly at the conclusion of the Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Order Form
2.1.1. Order Form – the use of the Order Form begins with the Customer adding the first Product to the electronic cart in the Online Store. Placing an Order takes place after the Customer completes two consecutive steps – (1) after completing the Order Form and (2) clicking the “Place an order” field on the Online Store website after completing the Order Form – up to that moment it is possible to modify the entered data independently (in order to do so, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, post code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product (s), Product quantity, place and method of delivery of the Product (s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number.
2.1.1.1. The Electronic Order Form Service is provided free of charge and is of a one-off nature and terminates when the Order is placed via it or when the Client ceases to place the Order through it.
2.2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and above, Microsoft Edge version 25.10586.0.0 and higher; (4) recommended minimum screen resolution: 1024×768; (5) enabling cookies and JavaScript support in the web browser.
2.3. The Client is obliged to use the Online Store in a manner consistent with the law and morality, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data consistent with the actual state. The Client is prohibited from providing unlawful content.
2.4. Procedure for complaints regarding Electronic Services:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the complaint procedure of the Product, which is indicated in section 6 of the Regulations), the may be submitted by the Client in the following manners:
2.4.1.1. In writing to: Piotra Norblina 27, 40-748 Katowice, Poland;
2.4.1.2. Via electronic mail to: info@ultra-desk.com;
2.4.2. It is recommended that the Client provide the following in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Client’s requests; and (3) contact details of the complainant – this will facilitate and speed up the investigation of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.3. The response to the complaint by the Service Provider takes place immediately, not later than within 14 calendar days from the date of its submission.
3. SALES AGREEMENT CONCLUDING CONDITIONS
3.1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store, as per section 2.1.2 of the Regulations.
3.2. The Product price shown on the Online Store website is given in Euro and includes taxes. The Customer is informed on the Online Store pages when placing an Order, including when the Customer wishes to be bound by the Sales Agreement, of the total price including taxes of the Product being the subject of the Order, as well as delivery costs (including transport, delivery and postal charges) and other costs, and if it is impossible to determine the amount of these fees – the information about the obligation to pay the charges.
3.3. The procedure of concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order, as per section 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation shall take place by sending by the Seller an e-mail to the address provided at the time of placing the Order; the confirmation contains at least the Seller’s statement of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.4. Consolidation, security and making available to the Customer the content of the Sales Agreement concluded is carried out by (1) providing these Regulations on the Online Store website and (2) sending the e-mail message referred to in section 3.3.2. of the Regulations The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.
4. MANNER AND PERIODS FOR PRODUCT PAYMENTS
4.1. The Seller provides the Customer with the following methods of payment under the Sales Agreement:
4.1.1. Payment through payPal.
4.1.2. Payment by bank transfer to the Seller’s bank account.
4.2. Pay period:
4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment by a credit card, the Customer is obliged to make the payment within 10 calendar days from the date of the Sale Agreement.
4.2.2. If the Customer chooses cash payment upon personal collection, the Customer is obliged to make the payment upon the collection.
5. COST, MANNER AND PERIOD OF PRODUCT DELIVERY AND COLLECTION
5.1. Product delivery is available in the territory of Austria, Belgium, Bulgaria, Czech Republic, Estonia, France, Germany, Hungary, Latvia, Lithuania, Netherlands, Poland, Romania, Slovakia.
5.2. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The delivery costs of the Product (including transport, delivery and postal fees) are indicated to the Customer on the Online Store website in the information tab concerning delivery costs, and during the Order placement, including when the Customer wishes to be bound by the Sales Agreement.
5.3. The Customer’s personal collection of the Product is free of charge.
5.4. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.4.1. Courier shipment.
5.4.2. Pallet shipment.
5.5. The deadline for delivery of the Product to the Customer is up to 5 Business Days, unless a shorter deadline is given in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest period given, which, however, cannot exceed 10 Business Days. The beginning of the delivery period of the Product to the Customer counts as follows:
5.5.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment by card – from the date of crediting the Seller’s bank account or settlement account.
5.6. The deadline for the Product to be collected by the Customer – if the Customer selects a personal Product collection, the Product will be ready for collection by the Customer within 10 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different dates of readiness for collection, the deadline for receipt is the longest period given, which, however, cannot exceed 10 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product to be collected. The beginning of the readiness period of the Product to be collected by the Customer counts as follows:
5.6.1. If the Customer chooses the method of payment by bank transfer, electronic payments or payment by card – from the date of crediting the Seller’s bank account or settlement account.
5.6.2. If the Customer chooses cash payment upon personal collection – from the date of the Sale Agreement.
6. PRODUCT CLAIM
6.1. The grounds and scope of the Seller’s liability towards the Customer, if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular in the Civil Code (including Articles 556-576 of the Civil Code).
6.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information regarding the Seller’s liability due to a Product defect and the Customer’s rights are set out on the Online Store’s website in the complaint information tab.
6.3. The complaint may be submitted by the Customer, for example:
6.3.1. In writing to: Piotra Norblina 27, 40-748 Katowice, Poland;
6.3.2 Via electronic mail to: info@ultra-desk.com
6.4. It is recommended that the Customer provide the following in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request of a way to bring the Product into compliance with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complaining party – this will facilitate and accelerate the complaint handling by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint. 6.5. The Seller shall respond to the Customer’s complaint promptly, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer has demanded the replacement or removal of the defect or submitted a price reduction statement, specifying the amount by which the price is to be reduced and the Seller fails to respond to the request within 14 calendar days, the request is considered to be justified .
6.6. The Customer who exercises the rights under the warranty is obliged to deliver the defective Product to the following address: Piotra Norblina 27, 40-748 Katowice, Poland. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer.
7. OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibilities of extrajudicial method of dealing with complaints and pursuing claims as well as the rules of access to these procedures concerning the Customer are available on the website of the Office of Competition and Consumer Protection (UOKiK) at the following address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. A contact point operates at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or at the following address: Pl. Powstańców Warszawy 1, 00-030 Warszawa, Poland.), whose task is, inter alia, to assist consumers in matters relating to the out-of-court resolution of consumer disputes.
7.3. The consumer has the following sample possibilities to use non-judicial means of dealing with complaints and claims: (1) an application to settle a dispute to a permanent amicable consumer court (for more information, please visit: http://www.spsk.wiih.org.pl/); (2) a motion regarding extrajudicial resolution of the dispute to the voivodship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the economic activity of the Seller); and (3) help from the poviat (municipal) consumer advocate or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, among others, via e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (call center on working days, 8:00 am – 6:00 pm, toll according to the service provider price list).
7.4. An online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr The ODR platform is an interactive and multilingual website with a comprehensive connection for consumers and entrepreneurs seeking out-of-court settlement of a contractual obligation arising from an online sales contract or a service agreement (more information on the platform website or at the Internet address of the Office of Competition and Consumer Protection) : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. THE RIGHT TO WITHDRAW FROM THE AGREEMENT
8.1. A consumer who has concluded a remote contract may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, except for the costs specified in section 8.8 of the Regulations. To comply with the deadline, it is enough to send a statement before its expiry. The declaration on withdrawal from the contract may be made, for example:
8.1.1. In writing to: Piotra Norblina 27, 40-748 Katowice, Poland;
8.1.2. Via electronic mail to: info@ultra-desk.com
8.2. A sample model of withdrawal from the contract is included in Annex 2 to the Consumer Rights Act and is additionally available in section 11 of the Regulations and on the website of the Online Store in the tab concerning withdrawal from the contract. The consumer can use the form template, but it is not mandatory.
8.3. The period for withdrawing from the contract begins to run:
8.3.1. for a contract where the Seller releases the Product, being obliged to transfer its ownership (e.g. a Sales Agreement) – from taking the Product into possession by the consumer or a third party designated by the consumer. other than the carrier, and in the case of a contract which: (1) covers many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part or (2) consists in regular delivery of Products for a limited period – from taking possession of the first Product;
8.3.2. for other contracts – from the date of conclusion of the contract.
8.4. In the event of withdrawal from a remote contract, the contract is considered void.
8.5. The Seller is obliged to promptly, not later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, return all payments made by the consumer to the consumer, including the cost of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest standard delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment as the consumer used, unless the consumer has expressly agreed to a different method of return, which does not entail any costs for the consumer. If the Seller has not offered to collect the Product from the consumer, the Seller may withhold the reimbursement of payments received from the consumer until receipt of the Product or delivery the proof of its return by the consumer, depending on which event occurs first.
8.6. The consumer is obliged to promptly, no later than within 14 calendar days from the day on which the consumer withdrew from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller for pickup, unless the Seller suggested that the Seller will pick up the Product. To comply with the deadline, it is enough to send the Product back before its expiry. The consumer may return the Product to the following address: Piotra Norblina 27, 40-748 Katowice, Poland.
8.7. The consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs related to the consumer’s withdrawal from the contract that the consumer is obliged to incur:
8.8.1. If the consumer has chosen the method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the Seller.
8.8.2. The consumer bears direct costs of returning the Product.
8.8.3. In the case of a Product being a service whose performance – at the express request of the consumer – started before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services rendered until the withdrawal from the contract. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service rendered.
8.9. The right to withdraw from a remote contract is not available to the consumer in relation to contracts:
8.9.1. (1) for the provision of services, if the Seller has fully provided the service with the express consent of the consumer who has been informed before commencing the provision of the service that the consumer will lose the right to withdraw from the contract after the performance of the service by the Seller; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer’s specification or serving to satisfy the consumer’s individual needs; (4) in which the subject of the service is a product that is quickly deteriorating or has a short shelf-life; (5) in which the subject of the service is a product delivered in a sealed package, which after opening cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products which after delivery, due to their nature, are inseparably connected with other items; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and whose delivery may take place only after 30 days and whose value depends on the fluctuations on the market over which the Seller has no control; (8) in which the consumer explicitly demanded that the Seller should come to the consumer for urgent repair or maintenance; if the Seller provides additional services other than those required by the consumer, or provides Products other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is granted to the consumer in relation to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; (13) for delivery of digital content that is not recorded on a tangible medium if the performance commenced with the consumer’s express consent before the deadline to withdraw from the contract and after being informed by the Seller about the loss of the right to withdraw from the contract.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This section of the Regulations and the provisions contained herein apply only to Clients and Customers who are not consumers.
9.2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer in relation to the Seller.
9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. Upon the release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall be transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until it is delivered to the Customer and for delay in transporting the shipment.
9.5. In the event of sending the Product to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such shipments. If the Customer determines that during the transport there was a loss or damage to the Product, the Customer is obliged to perform all actions necessary to determine the liability of the carrier.
9.6. According to art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
9.7. In the case of Clients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending a relevant statement to the Client.
9.8. Liability of the Service Provider / Seller in relation to the Client / Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the price paid and delivery costs under the Sales Agreement, however, not more than up to the amount of one thousand zlotys. The Service Provider / Seller is liable towards the Client / Customer who is not a consumer only for typical damage predictable at the time the contract is concluded and is not liable for lost profits in relation to the Client / Customer who is not a consumer.
9.9. Any disputes arising between the Seller / Service Provider and the Customer / Client who is not a consumer shall be subject to the court having jurisdiction over the seat of the Seller / Service Provider.
10. FINAL PROVISIONS
10.1. The agreements concluded by the Online Store are drawn up in Polish language.
10.2. Amendments to the Regulations: 10.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, that is: changes in the law; changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations.
10.2.2. In case of concluding continuous contract on the basis of these Regulations (e.g. providing Electronic Service – Order Form), the amended regulations are binding for the Client if the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Client was correctly informed about the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that a change in the Regulations would result in the introduction of any new fees or increase in the existing ones, the Client who is a consumer has the right to withdraw from the contract.
10.2.3. In the case of concluding agreements of a different nature from continuous contracts (e.g. a Sales Agreement), amendments to the Regulations will not in any way affect the acquired rights of Clients / Customers who are consumers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not impact Orders being placed or already placed Orders and concluded, implemented or executed Sales Agreements.
10.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Electronic Services of July 18, 2002 (Journal of Laws of 2002 No. 144, item 1204, as amended); for Sale Agreements concluded until December 24, 2014 where Customers who are consumers – provisions of the Act on the protection of consumer rights and liability for damage caused by a dangerous product of 2 March 2000 (Journal of Laws 2000 No. 22, item 271, as amended) and the Act on special terms of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws of 2002 No. 141, item 1176, as amended); for Sale Agreements concluded from December 25, 2014 with Customers who are consumers – the provisions of the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.
