ONLINE STORE REGULATIONS www.sklep.proqual.pl

The online store www.sklep.proqual.pl operating on the website www.sklep.proqual.pl is kept by:

PROQUAL Management Institute – B.T. Greber Sp.J. with its registered office at ul. Ostrowskiego 30, 53-238 Wrocław, registered under KRS no.0000293286 District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register, NIP [taxpayer’s ID]: PL8971735808, REGON no. 020643389.

TABLE OF CONTENTS

Glossary

1. Placing and fulfilling orders

2. Product prices

3. Modifying orders

4. Forms of payment

5. Order lead time

6. Right to withdraw from agreement

7. Complaints

8. Personal data

9. Final provisions

GLOSSARY
Regulations – these regulations, defining the rules for the sale of goods offered by the online store www.sklep.proqual.pl;
Store – the online store sklep.proqual.pl, selling via the Internet the goods in its offer and operating at the Internet address www.sklep.proqual.pl;
Client – any natural person, legal person or other unit without legal personality making purchases in the Store;
Basket – a functional element of the Store that enables the Client to make purchases via the website www.sklep.proqual.pl;
Business days – all days of the week from Monday to Friday, excluding public holidays;
Order preparation time – the time in which the Store will complete the order and hand it over for shipment via the company chosen by the Client from among those listed in the Regulations;
Order fulfilment time – the time in which the Store will deliver the goods to the Client;
File – an electronic file, login data in the online service (in the case of purchasing pq-msa+), a program or application.
Online payment – a payment made by the Client using the electronic payment methods available in the Store. Online payments are handled by the company przelewy 24;
Electronic Device – a device intended for downloading and installation of Files.

§ 1. Placing and fulfilling orders
1. The information on the Store’s websites does not constitute an offer within the meaning of the Civil Code, they are an invitation to conclude an agreement. By placing an order using the means available on the Store’s websites, the Client makes an offer to buy a specified good on the terms set out in the description of the good and the Regulations.
2. A Client intending to purchase a good other than Files may place orders in two modes:
• via the website www.sklep.proqual.pl 24 hours a day on all days of the week.
• by e-mail – sending an email to sklep@proqual.pl 24 hours a day on all days of the week, providing the following information in the above message:
– the ordered goods,
– quantity ordered,
– data necessary for order fulfilment: name, surname and/or company, NIP, address, selected shipping method of the good (in the case of physical orders) and optionally a telephone number,
– payment method.
3. A Client placing an order via the website, wanting to purchase a good other than Files, selects a given good by clicking on the “Add to cart” icon and then in their Basket chooses the delivery method and the payment form.

During the ordering process via the website, the Client goes through the following steps:
1) chooses the ordered goods and their quantity;
2) chooses the delivery method;
3) chooses the payment method;
4) indicates the delivery address of the order and provides invoice data;
5) declares that they have read the Regulations and accept them by ticking the appropriate field in the basket “I ACCEPT THE STORE REGULATIONS”;
6) enters a discount code if they are entitled to a discount code granted by the Store;
7) confirms the order by clicking on the “Order with payment obligation” icon.
Placing an order for a good other than a File is equivalent to consenting to receive an electronic VAT invoice and to receive documents other than the invoice (if they occur).

1. Purchase of Files is only possible via the Store’s website. The purchase of Files takes place under the following rules:
• The Client, purchasing a File, receives a link authorizing them to download the File or receives the File directly to the email provided in the order. The Files should be installed on their device and used according to the purchased license; in the case of purchasing pq-msa+ instead of a download link or File sent to the client, Login Data on the online site provided to the user is received;
• the license referred to in point 1 is a license to use the program on the number of devices/workstations specified in the order and is valid for a period specified for a given product.
• the license has a free update period depending on the purchased version of the program. Update periods are available only for the PQ‑FMEA and PQ‑FMEA+ programs;
• during the ordering process for a File, the Client goes through the following steps:
a) chooses the ordered Files,
b) fills out the form with data,
c) chooses the payment method,
d) completes the necessary data required for proper transaction settlement,
e) enters the discount code, if they have a discount code granted by the Store,
f) declares that they have read the Regulations and accept them;
g) confirms the order by clicking on the “Order with payment obligation” icon;
• Placing an order for a File is equivalent to consenting to:
1. receiving an electronic VAT invoice,
2. receiving documents other than the invoice regarding the sale (if they occur) to the email address provided in the given order.
• The Store provides the Data/link to download the purchased program or Login Data after the client’s payment is credited;
• The Client may download the File from the provided link any number of times, however each time it will require providing data.
• In the case of purchasing pq-msa+ there are no download limits, because everything is on the online platform to which the user receives Login Data.

1. For each completed order, a sales document is issued, whereby:
1) in the case of purchasing Files or login data (in the case of pq-msa+), the invoice will be provided to the Client in electronic form by sending it to the email given in the order,
2) in the case of purchasing goods other than Files, the invoice in electronic form will be provided to the Client to the email address indicated by the Client.
A Client purchasing more than one item, wanting to receive separate invoices for individual goods or for different Client data, should place separate orders for the goods included in the individual invoices.

1. The Store is not responsible for delays in delivery of goods resulting from incorrectly provided data by the Client or an incorrect delivery address as well as delays caused by courier companies.
2. A condition for fulfilling the placed Order is the correct completion of the electronic Order form made available by the Seller on the website www.sklep.proqual.pl and providing an email address by the Buyer enabling confirmation of the Order acceptance. If the provided data is not complete, the Seller will contact the Buyer. If contact with the Buyer is not possible, the Seller has the right to cancel the Order.
3. The Seller reserves the right to withdraw from fulfilling the Buyer’s Order who did not provide all required data or the provided data raises doubts as to its correctness. An order which cannot be confirmed within 10 days of its placement may not be fulfilled.
4. To use the store’s offer you need:
5. a) a computer with Internet access, e.g. Mozilla Firefox, Google Chrome, Internet Explorer;
6. b) an active email account (email address).
7. Any questions can be directed to the customer service office by sending an email to sklep@proqual.pl or by calling +48 71 355 18 08.

§ 2. Prices of goods and promotions
1. Prices of goods offered for sale in the Store are placed next to the given item.
2. All prices given in the Store are:
– expressed in Polish zloty;
– all prices given in the Store are net prices;
– do not include shipping costs.
3. The binding and final price is the price of the goods posted on the official Store website at the moment the order is placed by the Client.
4. In addition to the price for a good other than a File, the Client is obliged to pay the cost of delivery to the place indicated by the Client.
5. In the event of a price reduction of a good or a training service, next to the information about the reduced price, the Seller also posts information about the lowest price of that good or service that applied during the 30‑day period before the reduction was introduced.
6. If a given good or service is offered for sale for a period shorter than 30 days, next to the information about the reduced price, the Seller posts information about the lowest price that applied during the period from the day the good or service was offered until the day the reduction was introduced.
7. The rule referred to in paras. 5 and 6 above applies to every communication about a price reduction, regardless of the form of promotion or marketing channel used.

§ 3. Modification of submitted orders
1. Order modifications can be made by contacting the Office via email: sklep@proqual.pl
2. Changes introduced by the Client in a placed order may concern: the quantity of ordered goods, shipping address, invoice data, resignation from part or all of the placed order.
3. If the Client resigns from part or all of the previously paid order before its fulfilment, the refund of the amount corresponding to the paid price of the good or goods to which the resignation relates will be made immediately, no later than within 14 (fourteen) days from the day the Store received that resignation. The amount paid by the Client, as referred to in the preceding sentence, will be refunded using the same payment method that the consumer used, unless the Buyer explicitly agreed to a different method of refund that does not involve any costs for them.

§ 4. Forms of payment
1. When placing an order for products, the Client has three payment options:
• Payment by transfer
• Payment via przelewy 24
• Payment by card and interbank transfers via Firstdata
• Payment via Dotpay (credit card and e-transfer transactions are processed through Dotpay.pl)
During payment, the Client may use a discount code received from the Store.

§ 5. Order fulfilment time
1. On the Store’s website, when ordering a good other than a File, its availability is necessary. Availability means the time needed by the Store to prepare a given order and hand it over for shipment. The time in which the Store hands over the ordered good for shipment to the Client is not equivalent to the time necessary to deliver it to the Client via the chosen form of delivery. The time it takes for the Client to receive the shipment is, approximately: the availability of the good + the expected delivery time, and cannot exceed 30 days from the date of conclusion of the contract.
In case of the Store’s delay in fulfilling the order within 30 days, the Client has the right to set an additional deadline for order fulfilment and, after its ineffective expiry, withdraw from the contract.
2. Goods other than Files included in the order are delivered to the Client to the address indicated by the Client in accordance with the delivery method chosen by them.
• The delivery cost depends on the delivery method chosen by the client.
• In the case of Files the order fulfilment time is 7 days from the booking of payment.

§ 6. Right of withdrawal from the contract
A Buyer who is a consumer (within the meaning of art. 221 sec. 7 of the Act of 23 April 1964 Civil Code Journal of Laws 1964 No. 16 item 93 as amended) has the right to withdraw from the contract without giving a reason by submitting a relevant statement in writing within 14 days (legal basis: the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827)).

The statement must be unambiguous – it may take the form of a letter sent by post or by email to sklep@proqual.pl.

This period runs from the day the goods are taken over by the Buyer. In the event of withdrawal from the contract, the contract is considered not concluded.

What the parties have provided shall be returned unchanged, unless the change was necessary to ascertain the nature, characteristics and functioning of the goods. Otherwise the Buyer is liable for the diminished value of the goods resulting from their use beyond what is necessary.

The return should be made no later than within 14 days.

Within 30 days of submitting the statement the Seller refunds the payment using the same payment method that the consumer used, unless the Buyer expressly agreed to a different method of refund that does not involve any costs for them.

§ 7. Complaints
1. Every client has the right to lodge a complaint regarding products supplied by the Store (supplied software, publications, training aids).
2. A complaint may be submitted by email: sklep@proqual.pl or by mail to the address: PROQUAL Management Institute, ul. Ostrowskiego 30, 53‑238 Wrocław within 2 years from the date of delivery of the product (when it does not have a warranty card) or within the period specified in the warranty card (complaint submitted on the basis of the warranty). In the case of material products (publications, training aids) the Client is obliged to send, together with the complaint, to the above address, the product to which the complaint relates, properly secured for transport. The warranty period for software is in accordance with Polish law.
3. The following are not subject to complaints:
• Products whose warranty period has expired (for new products – 24 months, for refurbished products – 12 months);
• Mechanical damage;
• Damage resulting from wear and tear of parts by the Client’s use;
• Damage to goods caused or that may be caused by improper securing during transport from the Client to the Store.
4. A complaint should contain:
• The name of the Client/first and last name of the person submitting the complaint;
• The Client’s address;
• A description of the object of the complaint allowing it to be unequivocally identified (including order data, date of purchase);
• Justification of the complaint;
• A proposed remedy.
5. In the case of a justified complaint possible forms of remedy are:
• granting a discount (reducing the price of the completed product or lowering the price of products purchased next time in the form of a discount code);
• sending additional products or elements (the missing element, spare parts);
• sending a new product;
• payment of contractual penalties, if such result from the contract.
6. The complaint review period is 14 business days counting from the day of receipt of the complaint along with the product to which it relates. In the absence of information within the above period the complaint is considered justified.
7. In the event of rejection of the complaint, the complained product is returned to the Client to the address from which the product was delivered to the Store.
8. The course of the complaint process:
• Receipt of the complaint from the Client along with the product to which it relates.
• The Specialist for Training and Consulting (taking care of the Client submitting the complaint) confirms to the Client the receipt of the complaint and product and informs the Managing Partner about its receipt.
• The Specialist for Training and Consulting analyzes the subject of the complaint and carries out the necessary explanations (including a conversation with the Client or, in the case of delivery of material products, contacts the Store’s supplier).
• The Specialist for Training and Consulting, together with the Managing Partner, makes a decision on the validity of the complaint and the proposal of remedy.
• In the event of rejection of the complaint the Specialist for Training and Consulting informs the Client about the rejection of the complaint and, in the case of material products (publications, training aids), sends the product back to the Client.
• The Specialist for Training and Consulting informs the Client about the decisions made.
• In the event that the cause of the complaint lay with the Store’s supplier (including the courier or the person responsible for delivery) the Managing Partner or a person appointed by him submits a complaint to the supplier.
• The Managing Partner decides on taking corrective actions.

§ 8. Personal data
1. The administrator of the Client’s personal data, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter: GDPR), is the Seller.
2. Providing personal data by the Buyer is necessary to place an Order and possibly conclude and perform the sales contract.
3. The Seller processes the Client’s personal data in accordance with:
– art. 6 sec. 1 letter b) GDPR – processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract, i.e. acceptance and fulfilment of the order, conclusion and performance of the sales contract;
– art. 6 sec. 1 letter c) GDPR – processing is necessary for compliance with a legal obligation to which the administrator is subject, i.e. arising from the Accounting Act;
– art. 6 sec. 1 letter f) GDPR – processing is necessary for the purposes of the legitimate interests pursued by the administrator or by a third party, i.e. providing the Client with information about order fulfilment, ongoing contact with the Client regarding order fulfilment, handling complaints, requests for withdrawal from the contract;
4. Downloading and purchasing materials:
• In the case of downloading free materials (e.g. e-books, knowledge materials), the Buyer consents to the processing of their email address in order to send the ordered material and consents to receiving marketing and commercial information from PROQUAL to the provided email address. The legal basis for processing is the person’s consent (art. 6 sec. 1 letter a) GDPR). Withdrawal of consent is possible at any time.
• In the case of paid purchase of materials, the processing of the Buyer’s personal data (including email address) takes place to perform the sales contract (art. 6 sec. 1 letter b) GDPR).
• Any inquiries regarding downloading/purchasing materials and any technical problems should be directed to the email address: sklep@proqual.pl
5. In the case of downloading free materials (e.g. e-books, knowledge materials), the Buyer consents to the processing of their email address in order to send the ordered material. The legal basis for processing is the person’s consent (art. 6 sec. 1 letter a) GDPR). Withdrawal of consent is possible at any time.
6. In the case of paid purchase of materials, the processing of the Buyer’s personal data (including email address) takes place to perform the sales contract (art. 6 sec. 1 letter b) GDPR).
7. Any inquiries regarding downloading/purchasing materials and any technical problems should be directed to the email address: sklep@proqual.pl.
8. In the case of expressed clear consent by the Client, the Administrator will process the Client’s data also for the purpose of sending marketing information, in accordance with art. 6 sec. 1 letter a) GDPR. The granted consent may be withdrawn by the Buyer at any time, just send such a message to the email address: rodo@proqual.pl.
9. The Seller makes the Buyer’s personal data available to third parties in order to process and fulfil the Order within the scope provided for in the Regulations.
10. The Buyer has the right to request access to their personal data and the right to rectify it. In cases specified by law, the Buyer has the right to request the deletion of personal data, the right to request the restriction of processing of personal data, the right to data portability, the right to object to the processing of personal data. The Buyer also has the right to lodge a complaint with the supervisory authority dealing with the protection of personal data when they consider that the Data Administrator (Seller) has violated personal data protection regulations.
11. Due to the fact that personal data will be processed by the Administrator for the purposes resulting from the Administrator’s legitimate interest, the Buyer has the right to object to the processing of personal data for the above purpose on grounds relating to the Buyer’s particular situation.
12. Any notifications regarding the Buyer’s personal data should be reported directly by the Buyer to the email address: rodo@proqual.pl.
13. All other information regarding the Data Administrator, the purposes of personal data processing, data recipients, the period for which data will be stored and the rights of the data subject are detailed in the Privacy Policy.

§ 9. Final provisions
1. The Seller may make changes to these Regulations. These changes do not have to be communicated to Buyers.
Orders placed by Buyers before the changes to the Regulations come into force will be fulfilled according to the previous provisions of the Regulations.
2. Disputes arising from the application of these regulations and in connection with the performance of contracts concluded between the Buyer and the Seller will be settled by the court competent for the Seller’s registered office in accordance with Polish law.
3. In matters not regulated in these Regulations, the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827), the Act of 27 July 2002 on specific conditions of consumer sale and amending the Civil Code (Journal of Laws 2002 No. 141 item 1176 as amended), the Act of 23 April 1964 Civil Code (Journal of Laws 1964 No. 16 item 93 as amended) apply.