Terms of service

Terms and conditions of the online store

These Terms and Conditions contain the rules of operation of the store soft360.eu. In particular, you will find here information about the rules for placing an order, the right to withdraw from the contract and liability for non-conformity of goods with the contract.

§ 1 Definitions

Store – the online store available at soft360.eu.

Seller – Soft360 sp. z o.o., a limited liability company registered in the National Court Register of Poland under KRS number 0000840618. Our registered office is at Plac Andersa 7, 61-894 Poznań, Poland. Our registered Polish VAT number is NIP 7831821223, and REGON 386510118, e-mail address: [email protected].

Customer – Any person, including Consumers, shopping in the Store and entering into a distance purchase agreement with the Seller.

Consumer – a natural person entering into a contract with the Seller, the subject of which is not directly related to his business or professional activity (consumer) or a natural person entering into a contract directly related to his business activity, if it is clear from the content of the contract that it does not have a professional character for him (entrepreneur on the rights of the consumer).

User – Customer or recipient of services provided by the Seller

Goods – the physical thing or service that is the object of sale on the Platform.

Order – Customer’s declaration of will, expressing the wish to conclude a Distance Sales Agreement, which the Customer submits to the Seller via the Store using the means of distance communication, specifying the Goods which are the subject of the offer to conclude a Distance Sales Agreement and the Customer’s data necessary for the conclusion and fulfilment of the Sales Agreement

Sales Agreement; Sales Contract – contract for the sale of Goods concluded between a Seller and a Customer.

Seller’s data – contact details of the Seller, in particular e-mail address: [email protected].

§ 2 Preliminary provisions

These Terms and Conditions set out the rules for the use of the Store and the rules and procedures for concluding distance sales contracts through the Store.
The Terms and Conditions are available uninterruptedly on the Store’s website in a way that allows you to download, reproduce and record their contents by printing or saving on a media at any time.
Placing an order in the shop requires:
1. access to a computer, laptop or other device with internet access,
2. access to e-mail,
3. using a web browser (the latest version is recommended),
4. using a minimum screen resolution of 1024×768,
5. enabling cookies in your browser.

§ 3 Making purchases in the Store

The gross price of the goods, including VAT, is displayed on the Store’s website. The prices of the goods do not include delivery costs. If the delivery of goods is subject to a fee, the delivery price is indicated during the Order placement process.
In order to conclude a contract, it is necessary for the customer to place an order by clicking the “Order and pay” button on the order summary page. To place an order, it is required to first add products to the shopping cart, complete the data and accept the required consents.
After the Order is placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client a relevant e-mail message to the Client’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
The content of the concluded Sales Agreement is recorded, secured and made available to the Client by making these Terms and Conditions available on the website of the Online Store and by sending an e-mail message to the Client. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.
The Seller shall not be liable for disruptions in the operation of the Store, which may be caused by the incompatibility of the Store with the devices used by the Customer, force majeure, unauthorized acts of third parties or technical defects on the part of suppliers of certain goods.
By purchasing from the store, the customer accepts the Terms and Conditions.
The seller reserves the right to suspend the execution of an order in case of reasonable doubts about the veracity and reliability of the data entered by the Customer in the registration form. In such a situation, the store will immediately contact the Customer.
The Customer and the Seller are bound by the price of the product in effect at the time the order is placed in the Store.

§ 4 Delivery and payment

Delivery of the Product is available in the territory of the European Union.
Delivery of the Product to the Customer is chargeable, unless the sales contract provides otherwise. The Product delivery costs (including transportation or delivery or postal service fees) are indicated to the Customer on the pages of the Online Shop in the information tab concerning delivery costs and during the placement of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
The term of delivery of the Product to the Customer is up to 1 day, unless a different term is specified in the description of the Product or in the course of placing the Order. In the case of Products with different delivery dates, the delivery date is the longest date given, which, however, cannot exceed 3 days.
The Store honors the forms of payment available during the ordering process, including, in particular, traditional bank transfer and electronic payments.
The Seller provides the Customer with the following methods of payment for the Sales Agreement:
1. payment by traditional bank transfer to the seller’s account,
2. payment through a payment platform STRIPE;
3. card payment;
4. PayPal.
The Customer is obliged to make payment within 3 calendar days from the date of conclusion of the Sales Agreement.
Customer purchases may be subject to certain sales taxes, customs duties or value-added taxes (VAT), which will apply to customer orders and will be paid by the customer. When placing an order through the Store, depending on where the Customer resides, the Customer may act as an importer of goods and must fully comply with all laws and regulations of the country to which the Customer is ordering products.
Customer purchases from the outside of the European Union may be subject to delivery/custom fees. These fees are not included in your order and/or shipping total. The seller assumes no responsibility for duties incurred on discounted, promotional or give away items. All fees must be paid by the recipient.
The prices displayed on the Store include applicable VAT and other taxes. Please note that the amounts of VAT and other taxes may be adjusted after the full address is provided. In any case, such adjustment will be made before the payment stage so that the user knows the exact and full amount he will pay for the order.

§ 5 Non-conformity of goods with the contract; complaints

The basis and scope of the Seller’s liability to the Consumer if the sold goods have a defect are determined by generally applicable laws, in particular the Consumer Rights Act.
In the event of non-conformity of the goods with the contract, the consumer has the rights set forth in the applicable laws.
The Seller hereby informs about the liability of the entrepreneur for the conformity of the performance with the contract, as provided by law. The Consumer has the right to take advantage of the warranty, if any. The Consumer acknowledges that if the goods are sold as having a defect, it is described in the content of the product card.
Before filing a complaint and, if applicable, sending the Product to the Seller, the Customer is asked to contact the Seller by phone or e-mail using the Seller’s Data in order to expedite the complaint procedure and resolve the problem.
The mailing address appropriate for the complaint is indicated in the Seller’s Data.
Goods are in conformity with the contract if, in particular, their description, type, quantity, quality, completeness and functionality remain in conformity with the contract, and with respect to goods with digital elements – also compatibility, interoperability and availability of updates, as well as suitability for the specific purpose for which it is needed by the consumer, which the consumer notified the Seller at the latest at the time of the conclusion of the contract and which the Seller accepted.
If the goods do not conform to the contract, the consumer may demand repair or replacement.
The seller may make an exchange when the consumer requests a repair, or the seller may make a repair when the consumer requests a replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the trader. If repair and replacement are impossible or would require excessive costs for the trader, the trader may refuse to bring the goods into conformity with the contract.
The Seller shall repair or replace within a reasonable time from the moment it is informed by the consumer of the non-conformity with the contract, and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased them. The cost of repair or replacement, including in particular the cost of postage, transportation, labor and materials, shall be borne by the Seller.
In certain cases, the consumer may make a statement to reduce the price or withdraw from the contract. In particular, this applies to the situation in which the seller refused to bring the goods into conformity with the contract or failed to bring the goods into conformity with the contract.
The seller shall refund to the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than 14 days from the date of receipt of the consumer’s statement on price reduction.
In the event of withdrawal from the contract, the consumer shall immediately return the goods to the Seller at his expense. The Seller shall return the price to the consumer immediately, no later than within 14 days of receipt of the goods or proof of their return.
The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial. The lack of conformity of the goods with the contract is presumed to be material.
The entrepreneur is liable for the lack of conformity of the goods with the contract existing at the time of delivery and disclosed within two years from that time, unless the shelf life of the goods, as determined by the entrepreneur, his legal predecessors or persons acting on their behalf, is longer.
The lack of conformity of the goods with the contract, which became apparent before the expiration of two years after delivery of the goods, is presumed to have existed at the time of delivery, unless the contrary is proven or the presumption cannot be reconciled with the specifics of the goods or the nature of the lack of conformity of the goods with the contract.
The seller is obliged to respond to the consumer’s complaint within 14 days of receipt.
In relation to customers other than the Consumer as defined herein, the Seller completely excludes liability under the warranty.

§ 6 Right of withdrawal

The provisions of this section applies only to the Consumers.
You have the right to withdraw from this contract within 14 days without giving any reason. The deadline for withdrawal expires after 14 days from the day on which you took possession of the item or on which a third party other than the carrier and indicated by you took possession of the item.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example, by completing the withdrawal form attached as Appendix 1 or by letter sent by mail, fax or e-mail).
You may use the model withdrawal form, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient for you to send information regarding the exercise of your right of withdrawal before the expiry of the withdrawal period.
In the event of withdrawal from this contract, we will return to you all payments received from you, including the costs of delivery of the items (except for the additional costs resulting from your choice of delivery method other than the cheapest ordinary delivery method offered by us), immediately and in any case no later than 14 days from the day on which we are informed of your decision to exercise your right of withdrawal from this contract.
We will refund your payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this refund.
We may withhold reimbursement until we receive the item or until you provide us with proof of return, whichever event occurs first
Return of Goods must be made using the Seller’s Data.
If the consumer is entitled to return the product under applicable law (i.e., for example, if the product is defective or incorrect, the user has a warranty claim), the seller will reimburse the documented costs of return. In other cases (such as exercising the right to withdraw from the contract), the cost of return is borne by the customer.
Please send back or hand over the item to us immediately, and in any case no later than 14 days from the day you informed us of your withdrawal from this contract. The deadline is met if you send the thing back before the expiration of the 14-day period.
You are responsible for any diminution in the value of the item resulting from using it in a manner other than necessary to ascertain the nature, characteristics and functioning of the item.
The right of withdrawal from the Sales Contract does not apply to the Consumer with respect to, among other things, the contract:
1. for the provision of services for which the consumer is obliged to pay the price, if the entrepreneur has performed the service in full with the express and prior consent of the consumer, who was informed before the start of the service, that after the performance of the service by the entrepreneur, the consumer will lose the right to withdraw from the contract, and accepted it;
2. in which the object of performance is a non-refabricated good, produced to the consumer’s specifications or serving to meet his individualized needs.
The right of withdrawal from a contract concluded remotely does not apply to an entity other than a Consumer, in the sense adopted for the purposes of these Terms and Conditions (see definition of “Consumer”).

§ 7 Contracts with customers other than the Consumer

The provisions of this paragraph shall only apply to contracts concluded with customers other than Consumer.
Placing an order on behalf of a legal person or organisational unit without legal personality is tantamount to making a declaration that the person placing the order is authorised to represent the entity on behalf of which the order is placed. Placing an order without the appropriate authorisation will result in the liability of the person placing the order for any damage resulting from this fact.
The Seller reserves the right to terminate the contract concluded with the customers other than Consumer within 14 days of its conclusion without giving reasons.
Any disputes arising from the implementation of the contract concluded between the Seller and customers other than the Consumer shall be settled by the Court having jurisdiction over the seat of the Seller.

§ 8 Provision of services by electronic means

The Seller takes steps to ensure the fully correct operation of the Store, to the extent of current technical knowledge, and undertakes to remove within a reasonable time any irregularities reported by customers using the Seller’s data.
If you wish to file a complaint, the customer should provide his name, mailing address, type and date of irregularity related to the operation of the store.
The Seller undertakes to process each complaint within 14 days.
The Seller may allow you to join a newsletter list and enter into an agreement to provide digital content in the form of a newsletter.
The conclusion of the contract requires the completion and submission of a form in which you must provide your address-email and phone number. The contract is considered to be concluded when the user receives an e-mail with confirmation of joining the newsletter.
Content contained in the newsletter is subject to copyright protection. It is forbidden to copy, fix, distribute them without the permission of the Seller.
Sending unlawful content via the form is prohibited.
The Consumer may withdraw from the contract for the supply of digital content within 14 days of its conclusion, without giving any reason, by providing the information to the Seller. Regardless of this, the user may at any time make a statement about opting out of receiving the newsletter.
The Seller shall be liable to the consumer for non-conformity of performance with the contract.

§ 9 User Content

User Content is any content posted by or through the Store by any User:
1. opinions or comments about the Store or products,
2. additional information in your customer account not required when placing an order, posted by yourself or through the Store.
The User may not publish content that constitutes illegal content within the meaning of the Digital Services Act (DSA) or is otherwise contrary to the law, these Terms and Conditions or good morals, in particular:
1. content used to commit an offence or a criminal offence,
2. content violating personal rights or copyrights,
3. content of a spam nature,
4. content serving to conduct unfair competitive activity, including unauthorised marketing activities,
5. content which does not comply with the subject matter of the website to which it relates.
We may verify, block and remove illegal content – subject to objectivity and due diligence.
The notification of illegal content should include:
1. a sufficiently substantiated explanation of the reasons why the person or entity concerned alleges that the relevant information constitutes illegal content,
2. an indication, if possible, of the electronic location of the information, such as the URL, and additional information enabling the illegal content to be identified,
3. name and e-mail address of the reporting person or entity, with the exception of a report regarding information believed to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU;
4. a statement affirming the good faith belief of the reporting person or entity that the information and allegations contained therein are correct and complete.
If, as a result of a verification undertaken on oy dur initiative or following a report, we determine that certain content is illegal, we maecide to block or remove it.
Both the User who has submitted content and does not agree with the decision made by us, as well as the User whose content we have deemed illegal, has the right to appeal against content decisions via the contact point indicated in paragraph 13 below. The appeal should include your name, contact details and the reasons for requesting a change in the decision.
Once an appeal has been submitted, we will acknowledge receipt immediately and will consider it within 14 days. Appeals will not be processed by automated means. The reasons for our decision will be made in accordance with any requirements under the Digital Services Act.
You have the right to appeal content decisions via the point of contact indicated in paragraph 13 below. The appeal should include your name, contact details and reasons for requesting a change in the decision.
In the case of blatant non-compliance with the provisions of this section and publication of illegal content, we may decide to temporarily block (suspend) or delete your account, as well as to restrict the functionality of your account.
As a condition of making a decision regarding a user’s account, objectivity and due diligence are required. Such a decision may be appealed against and will not be dealt with by automated means. The appeal will be considered within 14 days and the User will be informed of the outcome immediately.
We are not responsible for User Content if:
1. we do not have actual knowledge of the illegal activity or illegal content and, with regard to claims for damages, we are not aware of facts or circumstances which clearly demonstrate the illegal activity or illegal content;
2. we take prompt and appropriate action to remove or prevent access to the illegal content when we have such knowledge or knowledge.
In the event that we become aware of any information giving rise to a suspicion that an offence endangering the life or safety of a person or persons has been, is being or may be committed, we will immediately inform the law enforcement or judicial authorities of the Member State or Member States concerned of our suspicion and provide all available information on the matter.
We have established a point of contact for our Digital Services Act (DSA) obligations and through which the relevant authorities and Users can communicate with us: …. Using the email address indicated, it is possible in particular to report content that the User considers to be illegal.
None of the above provisions serve to limit the rights of the User and should not be interpreted in this way.

§ 10 Data protection

The administrator of Customers’ personal data collected through the Store is the Seller.
The rules for the processing of personal data of their recipients and the customer’s rights are contained in the Privacy Policy available on the website.

§ 11 Responsibility

To the extent permitted by applicable law, the customer uses the product at his own risk.
To the extent permitted by applicable law, the Seller expressly disclaims any liability for any claims of product failure that result from misuse, abuse, product modification, improper product selection by the customer, or the customer’s failure to comply with any applicable law.
The Seller is responsible to the customer for foreseeable loss and damage caused by him. If the Seller fails to comply with these terms, he is responsible for loss or damage the Customer suffers that is a foreseeable result of him breaking this contract or his failing to use reasonable care and skill, but the Seller is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both parties knew it might happen.
The Seller does not exclude or limit in any way his liability to the customer where it would be unlawful to do so. This includes liability for death or personal injury caused by The Seller’s negligence or the negligence of his employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of his legal rights in relation to the products (including the right to receive products which are: as described and match information the Seller provided to the customer; of satisfactory quality; fit for any particular purpose made known to the Seller; and supplied with reasonable skill and care); and for defective products.
Except as permitted by law, the Seller does not exclude, limit or suspend other rights of the customer that cannot be lawfully limited or excluded. In particular, nothing in these Terms and Conditions excludes the Seller’s statutory liability for defects.

§ 12 Reviews

Reviews are collected through Trusted Shops GmbH. Information about the verification and authenticity of reviews can be found here. If doubts arise about the authenticity of a review, they will be resolved based on the purchase evidence provided for the respective service. If it is determined that the data contained in the review and the information obtained during clarification cannot be linked to the order that is the subject of the review, the review will be removed.
We publish all reviews (both positive and negative) without altering their content and do not offer any additional benefits related to submitting or withdrawing a review.
For the reasons mentioned above, we can ensure that the reviews available on the Store’s page are verified, authentic, and reflect genuine shopping experiences.
Reviews about the store can also be submitted on platforms managed by other entities. For such reviews, the rules regarding the evaluation of credibility and authenticity of reviews are governed by the practices of those entities. We consistently strive to ensure that reviews about the store are reliable and authentic.
The Store is committed to protecting the customer’s personal data in accordance with applicable legal provisions and the Privacy policy.

The Customer has the right to access their data, correct it, request its deletion or restriction of processing, and object to the processing of their data.

§ 13 Final provisions

The applicable law is Polish law. Nothing in the Terms and Conditions serves to deprive or limit the protection of the consumer on the basis of the mandatory norms of the law of the consumer’s/customer’s habitual place of residence. In the event of a contradiction, the provisions providing consumer protection under the mandatory norms of the law of the consumer’s/customer’s habitual residence shall apply.
All rights to the Store and offered goods, including intellectual property rights, property and personal copyrights belong to the Seller. Without the consent of the Seller, it is not possible, among other things, to duplicate, alter the content offered by the Seller.
The Seller reserves the right to make changes to the Terms and Conditions for important reasons, such as a change in the law.
The Seller reserves the right to change the prices of goods and promotions without prejudice to contracts concluded before these changes.
In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply.
The Customer may not assign, delegate or transfer its rights or obligations under these Terms and Conditions or its account in the Store in any way without the prior written consent of the Seller.
None of the provisions of the Terms and Conditions serve to limit the rights of the consumer or customers, guaranteed by applicable legislation.
If a dispute arises under the concluded sales contract, the parties will seek to resolve the matter amicably.
The EU consumer has the opportunity to use out-of-court means of handling complaints and claims. The consumer has the opportunity, for example:
1. to apply to a permanent amicable consumer court to resolve the dispute,
2. to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute,
3. use the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
An EU consumer can use the EU’s online ODR platform, available at: https://ec.europa.eu/consumers/odr/</a >

Model statement of withdrawal – the use of the following model is not mandatory, but only recommended.

Statement

about withdrawal from a distance contract

or off-premises

I,………………………………., hereby give notice of my/our withdrawal from the contract of sale of the following goods: ……………………………………..

Please return the amount of ……………… (in words ………………………………………………………).

We will make the refund using the payment method you chose for the original payment.

Order number …………………..

Date of receipt of goods …………………….

……………………………………

Signature of the consumer(s)

Terms of service

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