Terms and Conditions

§ 1

Introductory provisions

1. The SMARTBOB Automatyka online shop, available at https://smartbob.pl/, is run by SMARTBOB AUTOMATYKA SP. Z O.O., with its registered office at ul. Serbska 17/6, 61-696 Poznań, Poland, entered in the Register of Entrepreneurs of the National Court Register by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number 0001073108, with share capital of PLN 5,000, NIP (tax ID): 9721346785, REGON: 527108382.
2. The Shop sells Goods and Services over the Internet to Customers from Poland and other countries, within the territorial scope of deliveries and services made available in the Shop.
3. These Terms and Conditions set out the rules for using the Shop, placing Orders, concluding and performing Sales Agreements, making payments, delivering Goods, providing Services, as well as the complaint procedure and the rules for withdrawing from the agreement.

§ 2

Definitions

1. Consumer – a natural person concluding an agreement with the Seller within the Shop, the subject of which is not directly related to their business or professional activity.
2. Seller – SMARTBOB AUTOMATYKA SP. Z O.O., with its registered office in Poznań at ul. Serbska 17/6, 61-696 Poznań, Poland, entered in the Register of Entrepreneurs of the National Court Register by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number 0001073108, with share capital of PLN 5,000, NIP (tax ID): 9721346785, REGON: 527108382.
3. Customer – a natural person, legal person or organisational unit with legal capacity that makes purchases through the Shop, regardless of the country of residence or registered office.
4. Entrepreneur – a natural person, legal person or organisational unit without legal personality, granted legal capacity by separate provisions, conducting business or professional activity in its own name and using the Shop.
5. Entrepreneur with consumer rights – a natural person concluding an agreement directly related to their business activity, where the content of the agreement shows that it is not of a professional nature for that person, resulting in particular from the subject of their business activity.
6. Shop – the online shop run by the Seller at https://smartbob.pl/.
7. Distance agreement – an agreement concluded with the Customer within an organised system for concluding distance agreements (within the Shop), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the moment the agreement is concluded.
8. Terms and Conditions – these terms and conditions of the Shop, setting out the rules for using the Shop, placing Orders, concluding Sales Agreements and the rights and obligations of Customers and the Seller.
9. Order – the Customer's declaration of intent submitted using the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
10. Account – the customer account in the Shop, in which the data provided by the Customer and information about the Orders they have placed in the Shop are stored.
11. Registration Form – the form available in the Shop that allows an Account to be created.
12. Order Form – the interactive form available in the Shop that allows an Order to be placed, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
13. Cart – the element of the Shop software in which the Products selected by the Customer for purchase are shown and in which the Order details, in particular the quantity of products, can be set and changed.
14. Goods – movable items offered by the Seller in the Shop, in particular electronic devices, controllers, accessories and other physical products.
15. Service – a performance other than Goods, offered by the Seller through the Shop.
16. Product – Goods or a Service offered by the Seller in the Shop that are the subject of an Order.
17. Sales Agreement – an agreement for the sale of Goods or for the provision of a Service, concluded between the Customer and the Seller through the Shop under these Terms and Conditions.

§ 3

Contacting the Shop

1. Seller's address: ul. Serbska 17/6, 61-696 Poznań, Poland.
2. Seller's e-mail address: sklep@smartbob.pl.
3. Seller's telephone number: +48 459 599 933. The Customer can contact the Seller by phone from 8:00 to 16:00 (Polish time) on business days.
4. Through the contact form available in the "Contact" section of the Shop website.
5. Through the Customer's Account, in the "Technical support" section.
6. Customer service and communication with the Seller are conducted in Polish or English. Order documentation, including confirmations and information on order processing, may also be provided in the other languages available in the Shop.

§ 4

Technical requirements

To use the Shop, including browsing the Shop's range and placing orders for Products, the following are required:

• a terminal device with Internet access and a web browser,
• an active e-mail account,
• cookies enabled.

§ 5

General information

1. To the fullest extent permitted by law, the Seller is not liable for disruptions, including interruptions in the operation of the Shop, caused by force majeure, unlawful actions of third parties or incompatibility of the online Shop with the Customer's technical infrastructure.
2. Browsing the Shop's range does not require an Account. The Customer may order Products from the Shop's range either after creating an Account in accordance with § 6 of the Terms and Conditions, or by providing the personal and address data necessary to fulfil the Order without creating an Account.
3. Product prices in the Shop may be shown in one of the following currencies: Polish złoty (PLN), euro (EUR), US dollars (USD) or Ukrainian hryvnia (UAH), depending on the selected language version of the Shop and the availability of the given currency in the Shop.
4. Product prices shown to Consumers in the Shop are always gross prices (including VAT). For transactions with Entrepreneurs (B2B), including intra-Community transactions or transactions subject to separate tax rates, the net price, the VAT due and the gross price are shown to the Customer while placing the Order, according to the Customer's tax status.
5. The taxation and the amount of VAT are determined in accordance with applicable law, taking into account the country of delivery and the tax status of the Customer.
6. The final amount payable by the Customer consists of the price of the Product and the cost of delivery, including transport, delivery and postal charges, of which the Customer is informed on the Shop pages while placing the Order, including at the moment of expressing the will to be bound by the Sales Agreement.
7. Orders outside Poland are delivered on the following terms:
   • for Orders with a value of at least PLN 1,000 net (excluding VAT, after discounts), regardless of the Customer's status, delivery abroad is free of charge and handled automatically by the Shop; where prices are shown in another currency, the threshold is converted into that currency;
   • for Orders with delivery abroad below this threshold, the Order cannot be placed in the Shop – the Customer may contact Customer Service to have the delivery costs calculated and an individual Order prepared;
   • the Shop informs the Customer in the Cart and in the Order Form of the amount missing to reach the threshold, and the top bar of the website shows the threshold for free delivery abroad.
8. In the case of an Agreement for a subscription or for the provision of services for an indefinite period, the final price is the total price covering all payments for the billing period.
9. Where the nature of the subject of the Agreement does not reasonably allow the final price to be calculated in advance, information on how the price will be calculated, as well as on transport, delivery and postal charges and other costs, will be given in the Shop in the Product description.
10. For invoices issued in foreign currencies (EUR, USD) with the 23% VAT rate, the VAT amount on the invoice is converted into Polish złoty (PLN) in accordance with applicable law, at the average exchange rate published by the European Central Bank (ECB) on the last business day preceding the date of sale. Invoices in UAH are issued without converting the VAT amount into PLN, under separate regulations.
11. Discount thresholds in the installer programme apply to Products in the "Controllers" category and are calculated on the gross value of orders – for orders with a billing address in Poland, and on the net value of orders – for orders with a billing address outside Poland.

§ 6

Creating an Account in the Shop

1. To create an Account in the Shop, the Customer must complete the Registration Form, providing their first name, last name, e-mail address and a password. When registering for the installer programme, the company name, tax identification number (Polish NIP or EU VAT number) and telephone number must also be provided; an installer account requires approval by the Seller.
2. Creating an Account in the Shop is free of charge.
3. The Customer logs in to the Account by entering the e-mail address and password set during registration.
4. The Customer may delete the Account at any time, without giving a reason and without incurring any fees, by sending a request to the Seller, in particular by e-mail or in writing to the addresses given in § 3 of the Terms and Conditions.

§ 7

Placing an Order

To place an Order, the Customer should:

1. Log in to the Shop (optional).
2. Select the Product to be ordered and click the "Add to cart" button (or an equivalent one).
3. Log in or choose to place the Order without registering.
4. If the Order is placed without registering – complete the Order Form by providing the Customer's details, the details of the recipient of the Order and the delivery address of the Product. For an order placed on behalf of a company, the details necessary to issue an invoice, including the tax identification number where applicable, must also be provided. The Customer selects an available delivery method and provides invoice details if they differ from the details of the recipient of the Order.
5. Check the Order summary, in particular the Products ordered, their prices, the currency, the taxes due, the delivery costs and the total amount payable, and then click the "Buy and pay" button. If the Shop requires additional confirmation of the Order, the Customer must also confirm it by clicking the link sent by e-mail.
6. Select one of the available payment methods and, depending on the payment method selected, pay for the Order within the time limit set out in § 9(3) of the Terms and Conditions, if the selected payment method requires payment in advance.

§ 8

Delivery and payment methods

1. The Customer may choose from the following methods of delivery or collection of the ordered Product:
   • personal collection in Wrocław or Poznań – by prior appointment;
   • delivery to InPost parcel lockers – within Poland;
   • delivery abroad by courier – to the countries available in the Order Form, on the terms set out in § 5(7) of the Terms and Conditions.
2. The Customer may choose from the following payment methods:
   • payments via PayU;
   • electronic payments;
   • card payments;
   • other payment methods made available in the Shop.
3. Orders may be paid for in the currencies available in the Shop, i.e. PLN, EUR, USD or UAH, depending on the selected language version of the Shop and the available payment methods. The currency in which the Customer pays is shown in the Order summary before the Order is placed. The availability of individual currencies may depend on the selected payment method and the Customer's country.
4. Detailed information on the available delivery methods, the countries covered by delivery, delivery costs and the accepted payment methods and currencies can be found on the Shop pages, in particular while placing the Order.
5. For deliveries outside the European Union, the Customer may have to pay additional charges related to the import of the Goods, in particular customs duties, import taxes and administrative fees charged by the competent authorities or carriers in the country of destination, unless they are included in the Order price. Detailed delivery terms and the rules for settling import charges are given to the Customer before the Order is placed.

§ 9

Performance of the Sales Agreement

1. The Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order using the Order Form in the online Shop in accordance with § 7 of the Terms and Conditions.
2. After the Order has been placed, the Seller promptly confirms its receipt and informs the Customer that the Order has been accepted for processing. The confirmation is sent by the Seller by e-mail to the e-mail address provided by the Customer when placing the Order. The message contains at least confirmation of receipt of the Order, its acceptance for processing and confirmation of the conclusion of the Sales Agreement. The Sales Agreement between the Customer and the Seller is concluded when the Customer receives this e-mail.
3. If the Customer chooses payment in advance using the payment methods available in the Shop, the Customer must pay within 3 calendar days from the date of conclusion of the Sales Agreement. If payment is not made within this time, the Seller may cancel the Order and inform the Customer by e-mail.
4. If the subject of the Order is Goods, the Seller ships them within the time stated in the description of the Goods, subject to paragraphs 5, 6 and 11 of this section, using the delivery method chosen by the Customer from those available when placing the Order. If the Order includes a Service, it is provided on the terms and within the time stated in the Service description or agreed individually with the Customer.
5. If the Order includes Products with different processing times, the processing time of the Order is the longest of the stated times, unless the Customer agrees otherwise with the Seller.
6. If the Order includes Products with different processing times, the Customer may request delivery of the Products in parts or delivery of all Products once the entire Order has been completed. The terms and any additional costs of partial delivery are agreed individually with the Seller.
7. The processing time of the Order is counted as follows:
   • if the Customer chooses payment in advance – from the date the payment is credited to the Seller's bank account or the Seller receives confirmation of payment from the payment operator;
   • for other available payment methods – from the date of conclusion of the Sales Agreement, unless the terms of the given payment method provide otherwise.
8. If the Customer chooses personal collection of the Product, the Product will be ready for collection within the time stated in its description. The Seller will inform the Customer that the Product is ready for collection by e-mail sent to the e-mail address provided when placing the Order.
9. If the Order includes Products with different times of readiness for collection, the time of readiness for collection is the longest of the stated times.
10. Products are delivered within Poland and to selected foreign countries available in the Order Form, on the terms set out in § 5(7) and § 8(1) and (4) of the Terms and Conditions.
11. The standard Order processing time is up to 7 business days, unless a different time is stated on the Product page, in particular for pre-orders or virtual Products. For Orders with delivery abroad, the processing and delivery time may be longer, in particular due to the country of destination, the availability of transport services and the procedures related to international transport. The expected processing or delivery time is shown to the Customer when placing the Order or communicated by the Seller separately.

§ 10

Right of withdrawal

1. A Consumer or an Entrepreneur with consumer rights who has concluded a distance Sales Agreement may withdraw from it within 30 days without giving any reason, subject to the exceptions set out in the Polish Consumer Rights Act.
2. The withdrawal period begins:
   • for an Agreement concerning Goods – on the day the Consumer or a third party indicated by the Consumer, other than the carrier, takes possession of the Goods;
   • for an Agreement covering multiple Goods delivered separately, in batches or in parts – on the day of taking possession of the last Goods, batch or part;
   • for an Agreement for the regular delivery of Goods over a fixed period – on the day of taking possession of the first Goods;
   • for an Agreement for the provision of a Service – on the day the Agreement is concluded.
3. A Consumer or an Entrepreneur with consumer rights may withdraw from the Agreement by submitting to the Seller an unequivocal statement of withdrawal. The statement may be sent:
   • electronically to the Seller's e-mail address given in § 3 of the Terms and Conditions;
   • in writing to the Seller's registered office address given in § 3 of the Terms and Conditions.
4. To meet the withdrawal deadline, it is sufficient to send the statement before the period referred to in paragraph 1 expires. If the statement is received electronically, the Seller will promptly confirm its receipt to the e-mail address from which it was sent or to another address indicated by the Customer.
5. In the event of an effective withdrawal, the Agreement is considered not to have been concluded.
6. The Seller refunds to the Consumer or the Entrepreneur with consumer rights all payments made, including the cost of delivering the Goods, without delay and no later than 14 days from the date of receipt of the statement of withdrawal. The Seller is not obliged to refund additional delivery costs resulting from the Customer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller.
7. The refund is made using the same payment method that the Customer used, unless the Customer has expressly agreed to another refund method that does not involve any costs for them.
8. For an Agreement involving the delivery of Goods, the Seller may withhold the refund until it has received the Goods back or the Customer has provided proof of sending them back, whichever occurs first, unless the Seller has offered to collect the Goods itself.
9. The Customer should return the Goods to the Seller's address given in § 3 of the Terms and Conditions without delay and no later than 14 days from the day on which they withdrew from the Agreement. The deadline is met if the Customer sends the Goods back before it expires.
10. The Customer bears the direct cost of returning the Goods, unless the Seller has agreed to bear it or has not informed the Customer of the obligation to bear this cost.
11. The Customer is liable for any diminished value of the Goods resulting from handling them beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
12. If, at the express request of the Consumer or the Entrepreneur with consumer rights, the provision of a paid Service is to start before the end of the withdrawal period and the Customer then withdraws from the Agreement, the Customer must pay for the services provided up to the moment of withdrawal, in proportion to the scope of the services provided, in accordance with applicable law.
13. The right to withdraw from a distance Agreement does not apply in the cases set out in the Polish Consumer Rights Act, in particular to Agreements:
    • for Goods that are not prefabricated, are made to the Customer's specifications or are intended to meet their individual needs;
    • for Goods that are liable to deteriorate quickly or have a short shelf life;
    • for Goods supplied in sealed packaging which cannot be returned after opening for health protection or hygiene reasons, if the packaging was opened after delivery;
    • for the provision of paid Services, if the Seller has fully performed the Service with the express prior consent of the Customer, who was informed before the start of the performance that they would lose the right of withdrawal once the Service had been fully performed and acknowledged this;
    • for Goods which, after delivery, are by their nature inseparably mixed with other Goods.
14. The right of withdrawal referred to in this section does not apply to Customers who are Entrepreneurs other than Entrepreneurs with consumer rights, unless separate provisions of the Agreement or mandatory provisions of law provide otherwise.

§ 11

Complaints and warranty

1. The Goods offered in the Shop are new, unless the description of the Goods expressly states otherwise.
2. The Seller is obliged to deliver to the Consumer and the Entrepreneur with consumer rights Goods that conform to the Sales Agreement. If the Goods do not conform to the Sales Agreement, the Consumer and the Entrepreneur with consumer rights have the rights set out in the Polish Consumer Rights Act.
3. If the Goods do not conform to the Sales Agreement, the Consumer or the Entrepreneur with consumer rights may request repair or replacement of the Goods and, in the cases specified by law, may submit a statement on a price reduction or withdrawal from the Sales Agreement. The detailed rules for exercising these rights are set out in applicable law.
4. For Customers who are Entrepreneurs other than Entrepreneurs with consumer rights, the Seller's liability for defects of the Goods is governed by the Polish Civil Code and the provisions of the Sales Agreement concluded.
5. For Services, the Customer may file a complaint if the Service was performed contrary to the Agreement, was not performed or was performed improperly. Complaints about Services are considered on the basis of the Agreement, the description of the given Service and the applicable law.
6. A complaint may be filed:
   • electronically to the Seller's e-mail address given in § 3 of the Terms and Conditions;
   • in writing to the Seller's registered office address given in § 3 of the Terms and Conditions;
   • through the contact form available in the Shop or the Customer's Account, if this option is available.
7. To help the complaint be handled efficiently, it is recommended that it include:
   • the Customer's details allowing identification and contact;
   • the Order number or other information allowing the purchased Goods or Service to be identified;
   • a description of the problem or non-conformity found;
   • the Customer's request related to the complaint, if the Customer specifies one.
8. The absence of the information listed above does not deprive the Customer of the rights under applicable law. The Seller may ask the Customer to provide information necessary to consider the complaint.
9. The Seller responds to a complaint from a Consumer or an Entrepreneur with consumer rights within 14 days of its receipt. If the Seller does not respond to the complaint within this time, it is deemed to have accepted the complaint, in accordance with applicable law. The response to the complaint is provided to the Consumer or the Entrepreneur with consumer rights on paper or another durable medium.
10. If the Goods need to be delivered to the Seller in order to consider the complaint, the Customer will be informed how to send them. For complaints filed by a Consumer or an Entrepreneur with consumer rights, the costs of bringing the Goods into conformity with the Agreement are borne by the Seller in accordance with applicable law.
11. If a guarantee has been granted for the Goods, information about it, its period and terms will be given in the description of the Goods or in the guarantee document provided to the Customer. The guarantee is a voluntary obligation of the guarantor and does not exclude, limit or suspend the Customer's rights under the provisions on non-conformity of the Goods with the Agreement or other applicable law.
12. If the guarantee is granted by an entity other than the Seller, guarantee claims should be made according to the guarantee document. Exercising rights under the guarantee does not exclude the possibility of pursuing claims against the Seller under applicable law.

§ 12

Out-of-court complaint handling and redress procedures and access to these procedures

1. The Seller informs that the Consumer may use out-of-court methods of handling complaints and pursuing claims.
2. Detailed information on the Consumer's options for out-of-court complaint handling and redress, as well as the rules of access to these procedures, is available at the offices and on the websites of:
   • district (municipal) consumer ombudsmen;
   • regional inspectorates of the Trade Inspection;
   • the Polish Office of Competition and Consumer Protection (UOKiK) – https://uokik.gov.pl.
3. The Consumer may in particular use:
   • the assistance of the competent district (municipal) consumer ombudsman;
   • out-of-court consumer dispute resolution proceedings conducted by a competent authorised entity;
   • mediation conducted by the competent regional inspectorate of the Trade Inspection, if the dispute can be handled in this way;
   • the assistance of social organisations whose statutory tasks include consumer protection.
4. The list of entities authorised to conduct out-of-court consumer dispute resolution proceedings and information on the rules and procedure of these proceedings are available on the website of the Polish Office of Competition and Consumer Protection: https://uokik.gov.pl.
5. Using out-of-court complaint handling and redress procedures is voluntary and requires the consent of both parties, unless the law provides otherwise.
6. The above provisions do not exclude or limit the Consumer's right to pursue claims before the competent common court.

§ 13

Personal data

1. The controller of the personal data of the Shop's Customers is SMARTBOB AUTOMATYKA Sp. z o.o., with its registered office in Poznań, whose registration and contact details are given in § 1 and § 3 of the Terms and Conditions.
2. Customers' personal data are processed in particular for the purpose of:
   • creating and maintaining the Customer's Account;
   • accepting and fulfilling Orders and performing Sales Agreements;
   • processing payments and delivering Goods;
   • providing the Services offered by the Seller;
   • handling complaints and returns;
   • fulfilling the Seller's legal obligations;
   • marketing – on the terms set out in applicable law.
3. Customers' personal data may be shared with entities cooperating with the Seller to the extent necessary for the above purposes, in particular payment operators, courier companies and carriers, IT and hosting service providers, providers of tools used to run the Shop, and entities providing accounting and legal services.
4. Providing personal data is voluntary; however, to the extent that the data are necessary to create an Account, place or fulfil an Order or perform a Service, failure to provide them may make these actions impossible.
5. Detailed information on the processing of personal data, including the legal bases and periods of processing, the rights of data subjects and the rules for transferring data outside the European Economic Area, is set out in the Privacy Policy available on the Shop website.
6. In matters concerning the processing of personal data, the Customer may contact the Seller using the contact details given in § 3 of the Terms and Conditions.

§ 14

Final provisions

1. The Terms and Conditions are available in Polish, English, German and Ukrainian. Agreements through the Shop may be concluded in the languages available in the Shop. In the event of discrepancies between the language versions of the Terms and Conditions, the Polish version prevails, subject to the mandatory provisions of law applicable to the Consumer.
2. The Seller reserves the right to amend the Terms and Conditions for important reasons, such as: changes in the law, changes in payment and delivery methods, changes in the scope or form of the Services provided – to the extent that these changes affect the implementation of these Terms and Conditions. The Seller will inform registered Customers of each change at least 14 days in advance by e-mail sent to the address assigned to the Account. A Customer who does not accept the new Terms and Conditions has the right to delete the Account at any time before the date the changes take effect.
3. Agreements concluded through the Shop are governed by Polish law, subject to the mandatory provisions of law applicable to the Consumer under the relevant rules of private international law. This provision does not exclude or limit the protection afforded to the Consumer under the applicable law.
4. Amendments to the Terms and Conditions do not affect Orders placed or Sales Agreements concluded before the date the amendments take effect. Such Orders and Agreements are governed by the Terms and Conditions in force at the time they were placed or concluded.