Terms and Conditions for Using the controlbyte.tech Website

1. General Information, Definitions

These Regulations define the rules for using the controlbyte.tech and academy.controlbyte.tech websites run by:

The terms used in these Regulations have the following meaning:

Customer – a natural person with full legal capacity, a legal person or an organizational unit without legal personality, placing Orders and purchasing Products in the Store.

Product – physical (tangible) products, electronic products (digital content) available in the Store.

Regulations – these regulations, available at academy.controlbyte.tech/terms-and-conditions/.

Shop – a website available at academy.controlbyte.tech, through which the Customer places Orders for the purchase of Products.

Sales contract – a contract for the sale of Products concluded between the Owner and the Customer using the Store’s website.

Owner – CONTROLBYTE AUTOMATION SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, NIP: 8961640325, e-mail: contact@controlbyte.tech, selling via the Store.

Order – Customer’s declaration of intent aimed at concluding a Sales Agreement, constituting an offer to conclude a Sales Agreement, specifying in particular the type and quantity of the Product.

The materials used to present the products, i.e. photos, descriptions and others, are part of the Store, are the property of its Owner and are protected by copyright. It is forbidden to use them for commercial purposes or to present them in any media without the consent of the Owner.

The prices next to the Products are expressed in Polish zlotys and are given in gross values, including VAT. In the case of physical Products, prices do not include shipping costs.

2. Using the Store

In order to place an Order on the Store’s website, the Products must be selected by taking further technical steps based on the messages displayed to the Customer and information contained on the Store’s website.

In order to purchase Products, the Customer collects them to the so-called basket. The basket is an element of the Store where the Customer transfers the Products that he intends to purchase. The customer can view the contents of the basket at any time, add or remove Products, and immediately go to the order placement process.

In the course of the Order process, the Customer specifies the details of the Order, such as: delivery address, invoice details, delivery method, and payment method.

An Order is placed by the Customer after reading the summary of the Order by clicking the button confirming the placement of the Order. Clicking this button means placing an Order with an obligation to pay.

After placing the Order, the Customer receives an e-mail confirmation of the Order. A Sales Agreement is concluded at the moment the Customer receives the e-mail confirming the Order.

3. Order Processing

Orders in the Store can be placed 24 hours a day, 7 days a week throughout the year. Orders placed on business days after 17:00, on Saturdays, Sundays and public holidays will be processed on the next business day.

In the case of the unavailability of part of the Products covered by the order, the Customer will be informed about the status of the order and will decide on the method of its implementation (partial implementation or cancellation of the entire order).

A limited number of Products are intended for promotional sales and sales. Orders are processed in the order in which confirmed orders for these Products are received, until the stocks covered by this form of sale are exhausted.

4. Prices, Payments and Delivery

All prices of the Products are given in Polish zlotys and include VAT. The price given for each Product is binding at the time of placing the order by the Customer. The Owner reserves the right to change the prices of the Products in the Store, introduce new Products to the Store, carry out and cancel promotional campaigns on the Store’s websites, use unique promotional codes available outside the Store. The above entitlement does not affect the prices of Products in orders placed before the date of entry into force of the price change.

The Customer can use the following payment methods: payment card, bank transfer via an external payment system, cash on delivery.

Detailed information about delivery methods and acceptable payment methods is available on the Store’s website.

5. Withdrawal from the Contract

A customer who is a consumer may withdraw from the Sales Agreement within 14 days without giving any reason. The period for withdrawal from the contract begins from the moment the Customer or a third party other than the carrier and indicated by the Customer takes possession of the Product.

In the case of a contract that covers many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, and in the case of a contract that consists in regular delivery of Products for a specified period – from taking possession of the first of the Products.

The Consumer may withdraw from the Sales Agreement by submitting a statement of withdrawal from the Sales Agreement to the Owner. To meet the deadline for withdrawal from the Sales Agreement, it is sufficient to send the statement before its expiry. The statement can be sent by e-mail to: contact@controlbyte.tech.

The right to withdraw from the contract concluded remotely does not apply to the Consumer with respect to the Agreement: in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs; in which the subject of the service is an item that deteriorates quickly or has a short shelf life; in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items; in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and whose value depends on fluctuations in the market over which the Owner has no control; in which the Consumer expressly requested that the Owner come to him for urgent repair or maintenance – if the Owner provides additional services other than those which the Consumer requested, or delivers items other than spare parts necessary for the repair or maintenance, the Consumer has the right to withdraw from the contract in relation to additional services or items; in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; for the supply of newspapers, periodicals or magazines, with the exception of a subscription agreement; concluded through a public auction; for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; for the supply of digital content that is not recorded on a tangible medium, if the performance began with the Consumer’s express consent before the expiry of the withdrawal period and after the Owner has informed him of the loss of the right to withdraw from the contract.

In the event of withdrawal from a distance contract, the contract is considered void. The Owner is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the contract, return to the Consumer all payments made by him, including the costs of delivery of the goods.

6. Complaints

The basis and scope of the Owner’s liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable law, in particular the Civil Code.

The Owner is obliged to deliver to the Customer a Product without defects. In the event of a defect in the goods purchased from the Store, the Customer has the right to make a complaint based on the warranty provisions in the Civil Code.

Complaints should be submitted in writing or electronically to the addresses of the Owner provided in these Regulations. It is recommended that the Customer provide in the complaint description: information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; a request for a method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and contact details of the person submitting the complaint.

In the case of a Product covered by a complaint, a complaint specifying the nature of the defect should be submitted with a request to remove the defect. The Owner will respond to the Customer’s request immediately, no later than within 14 days from the date of receipt of the advertised product from the Customer together with the complaint letter.

The customer will be informed about the result of the complaint in the same way as he sent the complaint.

If the Customer’s request is justified, the Owner bears all costs related to the delivery of a repaired or new defect-free product to the Customer.

If the complaint is accepted, the damaged Product will be repaired or replaced with another, full-fledged one. If this is not possible (for example due to stock exhaustion), the Store will refund the equivalent of the Product price or reduce the price.

7. Technical Requirements, Functionality and Interoperability of Digital Content, Provision of Services by Electronic Means

The Owner provides the Customer with an electronic service consisting in enabling the Customer to conclude a Sales Agreement via the Store. The provision of electronic services by the Owner to the Customer is free of charge.

The contract for the provision of the electronic service consisting in enabling the conclusion of a Sales Agreement through the Store is concluded for a definite period of time and is terminated when the Customer leaves the Store’s website.

The technical requirements necessary to cooperate with the IT system used by the Owner: a computer, laptop, or other multimedia device with Internet access; access to e-mail; an Internet browser; enabling cookies and JavaScript in the browser.

The Customer is obliged to use the Store in a manner consistent with the law and good practices, respecting the personal rights of third parties and their intellectual property rights. The Customer is obliged to enter data consistent with the actual state of affairs. It is forbidden for the Customer to provide unlawful content.

8. Personal Data

The administrator of personal data provided by the Customer when using the Store is the Owner. Detailed rules for the processing of personal data and the use of cookies are described in the Privacy Policy.

Providing personal data by the Customer is voluntary, however, failure to provide data indicated in the Regulations as necessary in art. 1, will make it impossible to complete the Order. Personal data is protected in accordance with applicable law.

9. Training Content

The sample applications described in the trainings are not binding and may be incomplete in terms of configuration, equipment and other options. This information is only an example of the standard application of the discussed solutions and should not be used in non-standard cases. You are responsible for the correct use of the products described.

The examples described do not release you from your responsibility to handle the equipment safely during installation, operation and maintenance. By using the examples provided in the training, you acknowledge that CONTROLBYTE AUTOMATION cannot be held responsible for any damages that go beyond the above regulation. We reserve the right to make changes to the materials posted without notice.

We do not guarantee the accuracy and completeness of the information provided in the training materials. The materials and the services may contain inaccuracies or typographical errors. We may make changes to the information contained in the training materials at any time without notice. However, we do not make any commitment to update these materials.

10. Out-of-court Dispute Resolution

The Customer who is a consumer has the right to use out-of-court means of dealing with complaints and redress. Detailed information on the possibility of the Customer using out-of-court means of dealing with complaints and redress, and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection.

The Customer who is a consumer may also use the ODR platform, available at ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.

Settlement of any disputes arising between the Owner and the Customer who is not a consumer is submitted to the court competent for the seat of the Store.

These Regulations apply from November 11, 2019.

The Owner reserves the right to change the Regulations. Any changes to the Regulations come into force on the date indicated by the Store. Orders placed before the date of entry into force of amendments to these Regulations are implemented on the basis of the provisions in force on the date of placing the order.