TERMS AND CONDITIONS FOR USING THE CONTROLBYTE.TECH WEBSITE

GENERAL INFORMATION, DEFINITIONS

These Regulations define the rules for using the controlbyte.pl website run by CONTROLBYTE SPÓŁKA Z O. O. NIP: 5361948674 and CONTROLBYTE EDUKACJA SPÓŁKA Z O. O. NIP: 5223171623 and ESMATIC SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ NIP: 5361955958, e-mail: kontakt@controlbyte.pl.

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 https://kursy.controlbyte.pl/regulamin/;

Shop – a website available at the address of courses.controlbyte.pl, 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 SPÓŁKA Z O. O. NIP: 5361948674 and CONTROLBYTE EDUKACJA SPÓŁKA Z O. O. NIP: 5223171623 and ESMATIC SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ NIP: 5361955958, e-mail: kontakt@controlbyte.pl, 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, payment method and others.
During the Order process, the Customer may register. Registration may be necessary for the subsequent use of Electronic Products.
The Customer’s registration in the Store allows the Customer’s personal data and the history of his Orders to be stored in the Store’s database, and also enables access to Electronic Products.
During registration, the Customer is obliged to provide a unique and known only password. The registration process is encrypted with an appropriate protocol.
The customer is responsible for not making his password available to third parties and bears all possible financial and legal consequences of such sharing.

3. PLACING AN ORDER

Orders for Products are accepted only electronically by placing an Order using the Store’s website or by e-mail to the address contact@controlbyte.tech.
A prerequisite for placing an Order is the correct completion of the Order form. An order with an incorrectly completed form may not be processed.
When completing the form, the Customer is obliged to provide correct personal data, e-mail address, contact telephone number, exact address of residence and delivery address (if required and different from the address of residence).
The e-mail address and contact telephone number provided may only be used for contact in the order fulfillment process, unless the Customer agrees to be contacted for other purposes (e.g. newsletter).
Before accepting the Order, the Buyer will be informed about:

• main features of the Product

• the total price or remuneration for the Product, including taxes, as well as charges for transport, delivery, postal services and other costs,

• the possibility of withdrawing from the contract

The Customer expresses the will to conclude a Sales Agreement by pressing the “order with obligation to pay” or equivalent button.
Placing an order is not tantamount to concluding a Sales Agreement, but constitutes an offer to conclude such an agreement.
The sales contract is concluded at the time of acceptance of the Order for execution by the Owner, about which the Customer is informed by e-mail confirming the purchase.

The execution of the order begins when the transfer is credited to the bank account the owner or by another payment operator.

In the event of unavailability of some 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 or promotional campaigns. The price given for each Product is binding at the time of placing the order.

Each purchase made by the Customer is accompanied by a proof of purchase: a receipt or a VAT invoice sent electronically. At the Customer’s request, the proof of purchase will be delivered in paper version.

The Customer may pay for the purchased Products in the following way:

• by bank transfer via the Stripe electronic system

Payments are handled by the company:

MBANK SPÓŁKA AKCYJNA

  st. SENATORSKA 18/—

00-950 WARSAW

MAZOWIECKIE

Orders for Electronic Products are processed after receiving payment by sending the Product or instructions for using the Product in an e-mail. The shipment of the Product takes place immediately after receiving the payment, up to 24 hours from the moment of receiving the payment.

Delivery of physical Products takes place in the manner chosen by the Customer when placing the Order. The cost of delivery of the shipment is given to the Customer after selecting the Products and after selecting the method of payment.

Shipping of physical Products takes place immediately after receiving the payment, no later than within 10 working days after receiving the payment. The time of delivery by the entity providing delivery services should be added to the time of delivery of physical Products. The time of delivery, its cost and the entity providing delivery services will be provided when placing the Order.

Delivery of physical Products takes place only in Poland.

5. RIGHT OF WITHDRAWAL FROM THE CONTRACT

The Customer may resign by withdrawing from the Sales Agreement from the Product purchased in the Store without giving a reason within 14 days from the date of its receipt. To meet this deadline, it is enough to send a statement of withdrawal to the address of the Store’s registered office or to the e-mail address provided in the Regulations.

In the event of withdrawal from a distance sales contract, the contract is considered void.

In the event of withdrawal from the concluded Sales Agreement regarding a physical Product, the Customer is obliged to return the Product within 14 days from the date on which he withdrew from the contract at the latest.

The Owner guarantees the return of the price and costs paid by the Customer, including the costs of delivering the Products sold to the Customer. The Customer bears the direct cost of returning the Product.

The customer is responsible for the decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.

Any refunds will be settled by the Owner no later than within 14 days of receipt of the declaration of withdrawal from the contract, using the same method of payment as used by the Customer, unless the Customer has agreed to a different method of return. The refund is not associated with additional costs. The Owner may withhold the reimbursement of amounts received by the Customer until receipt of the Product back or delivery by the consumer of proof of its return, whichever occurs first.

The right to withdraw from the contract is also available to Customers purchasing an Electronic Product (digital content), unless expressly stated otherwise in the Product description, to which the Customer has expressly consented.

6. LIABILITY FOR DEFECTS

The Owner is obliged to deliver the Product free from defects.

If the received Product is defective, the Customer may exercise, at his/her discretion, the warranty rights directly from the guarantor (manufacturer or distributor), provided that he has granted a warranty for the Product or his rights under the warranty for defects against the Owner, under the conditions set out in of the Civil Code.

In the event of a defect in the Product, the Customer has the right to file a complaint. The right is due within two years from the date of delivery of the Product.

Together with the product under 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 conclusion of a contract for the delivery of electronic and physical Products and the use of some Electronic Products.

It is not necessary to have an account in the Store to conclude a sales contract.

The service of access to the functionality of the Store is provided free of charge. The purchase of Products available in the Store is payable.

To place an order and use the functionality of the Store, as well as to use Electronic Products, it is necessary:

• having an active e-mail account (to make purchases in the Store)
• a web browser that takes into account current updates, with JavaScript enabled
• enabled cookies in the browser
• Internet access
• installing applications that allow you to read PDF files
• the ability to play video materials (for the use of certain Electronic Products)

The store uses cookies to ensure security and a high level of customer service. The customer may at any time independently change the settings for cookies – specify the conditions for their storage and access by cookies to his device using the web browser settings or using the service configuration.

The Customer has the right to submit a complaint regarding the functioning of the Store by sending an e-mail to the address contact@controlbyte.tech or by post to the address of the Owner.

The response to the complaint will be sent within 14 days of its receipt to the address indicated in the complaint.

8. PERSONAL DATA AND COOKIES

Personal data is collected and processed in order to perform the sales contract and provide access to Electronic Products.

The Store Owner issues a newsletter in which, among others, information about the offer and new Products. The newsletter is sent only to customers who have expressed their willingness to receive it. The customer may unsubscribe from the newsletter at any time.

Providing personal data by the Customer is voluntary, however, there is no consent to their processing for the purpose referred to in par. 1, will make it impossible to complete the Order. Personal data is protected in accordance with applicable law.

Detailed rules for the processing of personal data and the use of cookies are described in the Privacy Policy.

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 below 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 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 disclaim any liability for the information contained in the training. Our liability, regardless of the legal basis, for damages caused by the use of examples, information, programs, project data, etc. described in the course, is excluded, unless there is a case of compulsory liability, e.g. in accordance with the Product Liability Act in cases of intent, gross negligence, injury to life or health, or due to the assumption of a guarantee for the characteristics and condition of a product, concealment of a defect or breach of essential contractual provisions. Damages for breach of key contractual obligations, however, are limited to contract-typical, foreseeable damages, unless they involve forced liability for willful misconduct, gross negligence, or injury to life or health.

10. FINAL PROVISIONS

For the avoidance of doubt, it is stated that none of the provisions of these regulations limit the consumer’s rights under the provisions of the law in force in the territory of the Republic of Poland. If a provision of this nature is found to exist, the provisions of the law in force in the territory of the Republic of Poland, in particular the Civil Code and the Act on consumer rights, shall apply.

The Owner indicates that all Products available in the Store are protected by copyright. Further dissemination of the Products without the consent of their creator is a violation of copyright and may result in civil and criminal liability.

Settlement of any disputes arising between the Owner and the Customer who is a consumer is submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure, with the Owner allowing mediation. The consumer is entitled to apply to the permanent amicable consumer court operating at the Trade Inspection or to the voivodship inspector of the Trade Inspection, and may also obtain free assistance in resolving the dispute between the Customer who is a consumer and the Owner, using the free assistance of the poviat (municipal) consumer ombudsman.

The consumer may also use the ODR platform, which is available at http://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.