Terms and conditions of the online store

§ 1 Preliminary provisions

The OPA Zabrze online store, available at www.opa.pl/sklep/, is operated by Ośrodek Pomiarów i Automatyki S.A. headquartered in Zabrze, registered in the National Court Register by the District Court in Gliwice, Economic Department, under KRS number 0000063648, with a share capital of PLN 505,945.00, NIP 648-10-10-712, REGON 272470551.
This Terms and Conditions apply to both Customers and Entrepreneurs using the Store and define the rules for using the Online Store as well as the principles and procedures for concluding Distance Sales Agreements with Customers through the Store.

§ 2 Definitions

Consumer– a natural person entering into an agreement with the Seller within the Store, whose subject matter is not directly related to their business or professional activity.
Seller – Ośrodek Pomiarów i Automatyki S.A. with its registered office in Zabrze at ul. Hagera 14a, postal code 41-800, registered in the National Court Register by the District Court in Gliwice, Economic Department, under the KRS number 0000063648, with a share capital of PLN 505,945.00, NIP 648-10-10-712, REGON 272470551.
Customer – any entity making purchases through the Store.
Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, carrying out business activities in their own name and using the Store.
Store – the online store operated by the Seller at the Internet address www.opa.pl/sklep/
Distance contract – a contract concluded with a Customer within an organized system for concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of remote communication until the contract is concluded.
Terms and Conditions – this terms and conditions of the Store.
Order – the Customer’s declaration of intent made using the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
Account – a customer’s account in the Store, where the data provided by the Customer and information about the Orders placed by him/her in the Store are collected.
Registration form – a form available in the Store that allows for the creation of an Account.
Order Form – an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Shopping Cart – an element of the Store’s software, where the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, in particular the quantity of products.
Product – a movable item/service available in the Store, which is the subject of a Sales Contract between the Customer and the Seller.
Sales Agreement – a contract for the sale of a Product concluded or entered into between the Customer and the Seller via the online Store. Depending on the nature of the Product, the Sales Agreement also includes a contract for the provision of services and a contract for specific work.

§ 3 Contact with the Store

Seller’s address: Zabrze 41-800, ul. Hagera 14a.
Seller’s e-mail address: [email protected]
Seller’s phone number: 32 271-40-19, 32 278-42-48(49).
Seller’s fax number 32 271-40-19.
Seller’s bank account number: 34 8457 0008 2007 0048 3278 0001.
The Customer may communicate with the Seller using the addresses and telephone numbers specified in this paragraph.
The customer can communicate with the Seller by phone from Monday to Friday from 7:00 am to 3:00 pm.

§ 4 Technical requirements

In order to use the Store, including browsing the Store’s assortment and placing orders for Products and Services, the following are required:

a device with internet access and a web browser,
an active e-mail account,
enabled cookies support.

§ 5 General information

To the fullest extent permitted by law, the Seller is not liable for disruptions or interruptions in the operation of the Store caused by force majeure, unauthorized actions by third parties, or incompatibility of the online Store with the Customer’s technical infrastructure.
Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products and Services in the Store’s assortment is possible after creating an Account in accordance with § 6 of the Terms and Conditions.
The prices listed in the Store are given in Polish zloty and are gross prices (including VAT).
The final amount payable by the Customer consists of the price for the Product/Service and the delivery cost, if they can be estimated (including transport, delivery, and postal service fees), which the Customer is informed about on the Store’s pages while placing the Order, including at the moment of expressing the intention to enter into the Sales Agreement.
In the case of an Agreement involving a subscription or services provided for an indefinite period, the final amount is the total price covering all payments for the billing period.
When the nature of the subject of the Agreement does not allow for a reasonable prior calculation of the final price, information on how the price will be calculated, as well as details about transport, delivery, postal service fees, and other costs, will be provided in the Store in the Product description.

§ 6 Creating an Account in the Store

In order to create an Account in the Store, you need to complete the Registration Form. It is necessary to provide the following information: a login (email address) and a password.
The account is active after its verification.
Verification is carried out using a link sent to the previously provided email address.
Creating an Account in the Store is free of charge.
Logging into the Account is done by entering the login and password set in the Registration Form.
The Customer has the right at any time, without providing a reason and without incurring any charges, to delete their Account by sending a relevant request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

§ 7 Rules for placing an Order

In order to place an Order, you must:

Log in to the Store (optional).
Select the Product/Service that is the subject of the Order, and then click the “Add to Cart” button (or equivalent).
Select the type of shipping (delivery method of the Product), enter the data for the invoice, if it differs from the recipient’s details.
Click the “Order and pay” button and confirm the order by clicking on the link sent in the email.
Select one of the available payment methods and, depending on the payment method, pay for the order within the specified time frame, subject to § 8 item 3.

§ 8 Available Delivery and Payment Methods

The Customer can use the following delivery or pickup methods for their ordered Product/Service:
1. Shipping and in-store pickup available at the Seller’s address,
2. Seller’s transport at an established rate per km, within a 200 km radius from the Seller’s headquarters.
The customer can use the following payment methods:
1. Payment by bank transfer to the Seller’s account,
2. Electronic payments.
Detailed information about delivery methods and accepted payment methods can be found on the Store’s pages.

§ 9 Execution of the Sales Agreement

The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
After placing the Order, the Seller confirms its receipt and simultaneously accepts the Order for processing. Confirmation of the Order’s receipt and acceptance is made by sending an email to the Customer’s email address provided during the Order. This email includes at least a statement from the Seller acknowledging the receipt of the Order, its acceptance for processing, and confirmation of the Sales Agreement. The Sales Agreement between the Customer and the Seller is concluded once the Customer receives this email.
In the case of the Customer choosing:
1. Payment by bank transfer or electronic payment, the Customer is obliged to make the payment within 7 calendar days from the date of concluding the Sales Agreement – otherwise, the order will be canceled,
2. For cash on delivery payments, the Customer is obliged to make the payment upon delivery.
If the Customer has chosen a method of delivery other than in-store pickup, the Product will be shipped by the Seller within the timeframe specified in its description (subject to paragraph 5 of this section), using the method selected by the Customer when placing the Order.
In the case of ordering Products with different delivery times:
1. The delivery time is the longest specified term.
2. The Customer has the option to request delivery of the Products in batches or to have all the Products delivered once the entire order is complete.
The start of the delivery period for the the Product to the Customer is calculated as follows:
1. If the Customer chooses in-store pickup, the Product will be ready for pickup within the timeframe specified in the Product/Service description.
2. If the Customer chooses to have the Product transported by the Seller, the Product will be ready on the date agreed upon when the Product is picked or within the timeframe specified in the Product/Service description
In the case of ordering Products/Services with different readiness times, the readiness time is the longest specified term.
In the case of ordering Products/Services with different readiness for collection dates, the Customer may opt to pick up the Products in parts (according to their readiness for collection) or to collect all Products/Services once the entire order is complete.
The Customer will be additionally informed by the Seller about the readiness of the Product/Service for pickup via an e-mail sent to the Customer’s e-mail address provided during the Order placement.
The start of the readiness period for the Product/Service pickup by the Customer is counted from the date of concluding the Sales Agreement.
Delivery of the Product is available only within Poland.
Delivery of the Product to the Customer is subject to a fee unless the Sales Agreement states otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the online Store’s pages in the “Delivery Costs” section and during the Order placement, including at the time the Customer expresses their intent to enter into the Sales Agreement.
In-store pickup of the Product by the Customer is free of charge.
Upon pickup of the Product that is the subject of the service, the Seller provides the Customer with a test report, which serves as proof of service completion regardless of the test results.
A negative test result of the Product that is the subject of the service does not constitute grounds for the Customer to file a complaint.

§ 10 Right of withdrawal

The customer may withdraw from the Sales Agreement within 14 days without providing any reason.
The running of the period specified in paragraph 1 begins from the delivery of the Product to the Customer or to a person indicated by the Customer other than the carrier.
In the case of an Agreement that includes multiple Products which are delivered separately or in batches, the period specified in paragraph 1 starts from the delivery of the last item or batch..
The Customer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the Customer to send the statement before the end of the period.
The statement can be sent by traditional mail, fax, or electronically via email to the Seller or by submitting it on the Seller’s website – the Seller’s contact details are provided in § 3. The statement can also be made using the form provided as an appendix to the Consumer Rights Act of May 30, 2014, but this is not mandatory.
If the Customer sends a statement by e-mail, the Seller will promptly send confirmation of receipt of the withdrawal statement to the email address provided by the Customer.
Effects of withdrawal from the Agreement:
1. In the case of withdrawal from the Agreement concluded remotely, the Agreement is considered void.
2. In the case of withdrawal from the Agreement, the Seller will promptly, and no later than 14 days from the day of receiving the Customer’s statement of withdrawal, refund all payments made by the Customer, including delivery costs, except for any additional costs resulting from the Customer’s choice of a delivery method other than the least expensive standard delivery offered by the Seller.
3. The Seller will make the refund using the same payment methods used by the Customer in the original transaction, unless the Customer has expressly agreed to another solution that does not incur any additional costs for them.
4. The seller may withhold reimbursement until it receives the Product back or until proof of its return is provided, whichever event occurs first.
5. The Customer should send back the Product to the Seller’s address provided in this Terms and Conditions promptly, no later than 14 days from the day they informed the Seller of the withdrawal from the Agreement. The deadline will be met if the Customer sends back the Product before the 14-day period expires.
6. The Customer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by regular postal means.
7. The Customer is only responsible for a diminution in the Product’s value resulting from the use of the Product other than what was necessary to ascertain the Product’s nature, features, and functionality.
If, due to the nature of the Product, it cannot be returned by regular postal means, information about this and the costs of returning the Product will be provided in the Product description on the Store’s website.
The right to withdraw from an agreement concluded remotely does not apply to the Customer in relation to the following Agreements:
1. Where the subject of the contract is a non-prefabricated item produced according to the Customer’s specifications or intended to meet their individualized needs,
2. Where the subject of the contract is a product delivered in a sealed package that cannot be returned due to health or hygiene reasons once the package has been opened after delivery,
3. Where the subject of the contract is a product that is perishable or has a short shelf life,
4. For the provision of services, if the Seller has fully performed the service with the Customer’s explicit consent, and the Customer was informed before the service began that they would lose the right to withdraw from the Agreement once the service was fulfilled,
5. Where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the withdrawal period expires,
6. Where the subject of the contract are items that, due to their nature, become inseparably linked with other things after delivery
7. Where the subject of the contract are alcoholic beverages whose price was agreed upon at the time of the sale and whose delivery can only occur after 30 days, and whose value depends on market fluctuations over which the Seller has no control,
8. Where the subject of the contract is sound or video recordings or computer programs delivered in a sealed package, if the package has been opened after delivery,
9. Regarding the delivery of daily newspapers, periodicals, or magazines, except for subscription agreements,
10. Regarding the delivery of digital content not stored on a tangible medium, if the provision of the service began with the Customer’s explicit consent before the withdrawal period expired and after being informed by the Seller about the loss of the right to withdraw from the Agreement.

§ 11 Complaints and warranty

The Sales Agreement covers new Products.
The Seller is obliged to provide the Customer with an item free of defects.
In the event of a defect in the Product/Service purchased from the Seller, the Customer has the right to file a complaint based on the warranty provisions of the Civil Code.
The Customer can file a complaint in writing or electronically to the Seller’s addresses provided in this Terms and Conditions.
The customer can use the form allowing to file a complaint available on our website at https://opa.pl/reklamacja-uslugi.pdf.
It is recommended that the complaint include, among other things. a brief description of the defect, the circumstances (including the date) of its occurrence, the Customer’s details, and the Customer’s request regarding the defect in the goods or service.
The Seller will respond to the complaint request promptly, no later than within 14 days. If the Seller does not do so within this period, the Customer’s request will be deemed justified.
Goods sent back under the complaint procedure should be shipped to the address provided in § 3 of this Terms and Conditions.
If a warranty has been provided for the Product, the information about it, as well as its terms, will be included in the Product description in the Store. The Seller will also attach the warranty card to the sold Product.

§ 12 Out-of-court dispute resolution methods and claims handling

The Sales Agreement covers new Products.
The Seller is obliged to provide the Customer with an item free of defects.
In the event of a defect in the Product/Service purchased from the Seller, the Customer has the right to file a complaint based on the warranty provisions of the Civil Code.
The Customer can file a complaint in writing or electronically to the Seller’s addresses provided in this Terms and Conditions.
The customer can use the form allowing to file a complaint available on the Seller’s website on one of the subpages of the Store.
It is recommended that the complaint include, among other things. a brief description of the defect, the circumstances (including the date) of its occurrence, the Customer’s details, and the Customer’s request regarding the defect in the goods or service.
The Seller will respond to the complaint request promptly, no later than within 14 days. If the Seller does not do so within this period, the Customer’s request will be deemed justified.
Goods sent back under the complaint procedure should be shipped to the address provided in § 3 of this Terms and Conditions.
If a warranty has been provided for the Product, the information about it, as well as its terms, will be included in the Product description in the Store. The Seller will also attach the warranty card to the sold Product.

§ 13 Personal Data in the Online Store

The administrator of Customers’ personal data collected through the Online Store is the Seller.
Customers’ personal data collected by the administrator through the Online Store is collected for the purpose of fulfilling the Sales Agreement, and, if the Customer agrees, also for marketing purposes.
The recipients of the personal data of Customers of the Online Store may include:
1. In the case of a Customer who uses postal or courier delivery method in the Online Store, the Administrator shares the collected personal data of the Customer with the selected carrier or intermediary handling the deliveries on behalf of the Administrator.
2. In the case of a Customer who uses electronic payment methods in the Online Store, the Administrator shares the collected personal data of the Customer with the selected payment service provider handling these transactions in the Online Store.
The customer has the right to access and correct their personal data.
Providing personal data is voluntary, however, a failure to provide the personal data required in the Terms and Conditions for the Sales Agreement will prevent the conclusion of the agreement.

§ 14 Final provisions

Agreements made through the Online Store are concluded in Polish.
The Seller reserves the right to make changes to the Terms and Conditions for important reasons, such as changes in legislation, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of this Terms and Conditions. The Seller will notify the Customer of any changes at least 7 days in advance.
In matters not regulated by this Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means; the Act on Consumer Rights, and the Act on the Protection of Personal Data.
The customer has the right to use out-of-court dispute resolution methods of handling complaints and pursuing claims. For this purpose, they can file a complaint through the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/