TERMS OF USE OF THE ONLINE STORE
PRO R3 ORGANIZACJA ODZYSKU OPAKOWAŃ S.A.
The following Terms of Use apply to purchases made on or after 23 December 2024. If you wish to view previous versions of the Terms of Use, you will find active links to these versions at the bottom of the document.
TABLE OF CONTENTS
Table of contents
- 1 GENERAL PROVISIONS AND CONTACT DETAILS 2
- 2 DEFINITIONS 3
- 3 TECHNICAL REQUIREMENTS 4
- 4 SERVICES AVAILABLE IN THE STORE 5
- 5 PRE-SALES OF SERVICES 5
- 6 PLACING AND EXECUTING ORDERS FOR SERVICES 6
- 7 SERVICE PRICES AND PAYMENT METHODS 7
- 8 PROVISION OF SERVICES – CONCLUSION OF AGREEMENTS, REFUND 8
- 9 CHANGES AND UPDATES TO DIGITAL CONTENT OR DIGITAL SERVICES 9
- 10 SERVICES AND DIGITAL SERVICES – CONCLUSION OF THE AGREEMENT, CLIENT ACCOUNT, NEWSLETTER 9
- 11 COMPLAINT PROCEDURE FOR DIGITAL CONTENT OR DIGITAL SERVICES 11
- 12 WITHDRAWAL FROM THE AGREEMENT 12
- 13 PROVISIONS APPLICABLE TO ENTREPRENEURS 14
- 14 PROVISIONS APPLICABLE TO ENTREPRENEURS WITH CONSUMER RIGHTS 14
- 15 INTELLECTUAL PROPERTY, LICENCE, COPYRIGHT 15
- 16 PERSONAL DATA AND COOKIES 16
- 17 EXTRAJUDICIAL MEANS OF COMPLAINT AND REDRESS 17
- 18 OPINIONS – FUNCTIONING WITHIN THE STORE/WEBSITE 18
- 19 DEFINITIONS, PROCEDURES, DUTIES, AND POWERS RELATED TO DSA 18
- 20 FINAL PROVISIONS 19
APPENDIX NO. 1 – TEMPLATE OF THE COMPLAINT FORM FOR CONSUMERS 20
APPENDIX NO. 2 – TEMPLATE OF THE COMPLAINT FORM FOR ENTREPRENEURS WITH CONSUMER RIGHTS 21
APPENDIX NO. 3 – TEMPLATE FOR WITHDRAWAL FROM THE AGREEMENT 23
§1 GENERAL PROVISIONS AND CONTACT DETAILS
- The Online Store is available at https://www.pro.r3.org.pl/ and on the relevant subpages after registration. It is operated by the Service Provider.
- Complaints regarding an Order should be submitted to the Service Provider via the following contact details:
- Phone: +48 739 941 231 or +48 22 357 44 22
- Email: biuro@pro.r3.org.pl
- Contact form available on the Store’s website, in accordance with the terms set out in these Terms of Use.
- The Client may contact the Service Provider by email or via the contact form. These means of communication ensure that all correspondence is recorded in documentary form, including the date and time, fulfilling the requirements of a durable medium and enabling prompt and effective contact.
- These Terms of Use define the rules governing the use of the Online Store, the placement and fulfilment of Orders, the determination and payment of prices for Services, the conclusion of Service Agreements, the Client’s right to withdraw from the Agreement, and procedures for lodging complaints.
- The Service Provider shall make these Terms of Use available to the Client free of charge prior to the commencement of use of the Online Store. The Client may record the content of the Terms of Use in a convenient manner, e.g., by saving them on a durable medium or printing them.
- Acceptance of these Terms of Use is a condition for using the Store and for entering into a Service Agreement. By accepting the Terms, the Client confirms that they have read, understood, and agree to be bound by them.
- The Service Provider is responsible for ensuring that the Services comply with the Agreement.
- For the avoidance of doubt, the Client’s submission of an Order shall be deemed an offer within the meaning of Articles 66 and 66(1) of the Polish Civil Code, supplemented by the provisions of these Terms of Use. The Preliminary Agreement is concluded upon receipt by the Client of the Service Provider’s acceptance of the Order by electronic means. The Master Agreement shall be concluded upon the submission of the final required signature. In the event of a conflict, the provisions of the Agreement between the Client and the Service Provider shall take precedence over these Terms of Use.
- Information regarding the Services displayed on the Store’s website—such as descriptions, technical specifications, and pricing—does not constitute an offer within the meaning of the Civil Code, but rather an invitation to treat as defined in Article 71 of the Civil Code.
- It is prohibited to use the Store to transmit unlawful content. In particular, it is forbidden to:
- send or post unsolicited commercial communication (spam);
- provide or transmit content that is unlawful, particularly through the forms available on the Store.
- Users are obliged to:
- Use the Store in accordance with these Terms of Use and applicable law;
- Refrain from using the Store in a manner that disrupts its operation;
- Use any content available on the Store’s subpages solely for personal purposes, in accordance with any licence granted (if applicable).
- The Client may not use the resources or functionalities of the Online Store to conduct activities that are detrimental to the interests of the Service Provider. In particular, it is prohibited to resell Services purchased through the Store to third parties without the express consent of the Service Provider.
- Capitalised terms used in these Terms of Use shall have the meanings set forth in §3.
- The Client may not make purchases anonymously, under a pseudonym, or using inaccurate Personal Data.
- To delete a Client Account, the Client must notify the Store in writing or via email of their intention to do so.
§2 DEFINITIONS
The terms used in the Terms of Use shall have the following meanings:
-
- Service Provider – PRO R3 Organizacja Odzysku Opakowań S.A., with its registered office at the following address: Warsaw at ul. Nowy Świat 1/10, 00-496 Warszawa, entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0001107457, Tax Identification Number (NIP): 7011206890, National Business Registry Number (REGON): 52871968500000, with a share capital of PLN 2,500,000.00, as per the current extract from the Register of Entrepreneurs held by the Central Information of the National Court Register. The company is represented by Szymon Piotr Dziak Czekan, President of the Management Board;
- Client or User – a natural person, legal person or organisational unit without legal personality to which specific legislation grants legal capacity, placing an Order in the Store and purchasing Services through it;
- Consumer – a natural person who concludes a contract with the Service Provider via the Store, the subject of which is not directly connected with their business or professional activity;
- Entrepreneur with consumer rights – an entrepreneur placing an Order for Services related to their business activity, but not of a professional nature, pursuant to Article 7aa of the Consumer Rights Act and Articles 385(5), 556(4) and 556(5) of the Civil Code;
- Entrepreneur – a natural person, legal person, or organisational unit without legal personality, to which separate legislation grants legal capacity, conducting business activity in their own name, who uses the Store but is not an Entrepreneur with consumer rights;
- Terms of Use – these Terms of Use of the Online Store;
- Online Store or Store – he online store available at https://pro.r3.org.pl/ and its subpages, through which the Client may place Orders and purchase Services;
- Service – services available in the Store, including: 1) the service of assuming and fulfilling the Producer’s obligations relating to the recovery and recycling of packaging waste, provided under the Master Agreement; 2) educational services; and 3) Digital Services. Services are provided for a fee unless explicitly stated otherwise;
- Educational Service – a service involving the provision of educational content by the Service Provider through the Store, including: 1) making training available or conducting training; 2) consultations, carried out in particular using remote communication;
- Digital Service – a service provided by the Service Provider via the Store, including: 1) delivery of training; 2) consultations, particularly through remote communication;
- Digital Content – data produced and supplied in digital form;
- Preliminary Agreement – a distance contract concluded in documentary form, under which the Service Provider and the Client undertake to conclude the Master Agreement;
- Master Agreement – a written agreement concerning the transfer and execution of the Producer’s obligations related to the recovery and recycling of packaging waste;
- Agreement for the Provision of Educational services – a distance contract for the provision of Educational Services;
- Distance Agreement – an agreement concluded between the Client and the Service Provider in documentary form, without the simultaneous physical presence of the parties, using one or more means of distance communication up to and including the time the agreement is concluded;
- General Terms and Conditions of Agreements – standard contractual terms established pursuant to Article 384 of the Civil Code, which apply to contracts concluded with Clients, including the Preliminary Agreement and the Master Agreement, and which constitute an integral part thereof;
- Order – a legal act constituting a declaration of intent by the Client aimed at commissioning the provision of Services, including, in particular, the conclusion of a Preliminary Agreement and the performance of the Services on the terms set out in these Terms of Use;
- Order Form – he form provided on the Store’s website through which the Client may place an Order and conclude the Sales Agreement;
- Payment Operator – PayPro SA with its registered office in Poznań at the following address: ul. Pastelowa 8, 60-198 Poznań, KRS (National Court Register) number: 0000347935, operating the online payment service available at https://www.przelewy24.pl/;
- Proof of Payment – an invoice issued in accordance with the Act of 11 March 2004 on goods and services tax and other applicable legal provisions;
- Payment – a transfer of funds to the Service Provider’s account using online payment methods available in the Store, or made after the Service is rendered, depending on the payment method and Service selected;
- Price – the monetary value which the Client is obliged to pay to the Service Provider for the Services specified in these Terms of Use;
- Digital Environment – computer hardware, software, and network connections used by the Client to access or use the Services. The minimum technical requirements are specified in these Terms of Use;
- Working Days – Monday to Friday, excluding public holidays;
- Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2023, item 2759, as amended), hereinafter referred to as the ‘Act’;
- Civil Code – the Act of 23 April 1964 (Journal of Laws of 2023, item 1610), hereinafter referred to as the ‘Civil Code’;
- GDPR – 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, repealing Directive 95/46/EC (General Data Protection Regulation);
- Personal Data Protection Act – the Act of 10 May 2018 on the protection of personal data (Journal of Laws of 2019, item 1781, as amended);
- Act on the Provision of Electronic Services – the Act of 18 July 2002 on the provision of electronic services (consolidated text: Journal of Laws of 2024, item 1513), hereinafter referred to as the ‘APES’;
- Telecommunications Law – the Act of 16 July 2004 – Telecommunications Law (Journal of Laws of 2024, item 34, as amended), hereinafter referred to as the ‘Telecommunications Law’;
- Copyright and Related Rights Act – the Act of 4 February 1994 on copyright and related rights (consolidated text: Journal of Laws of 2022, item 2509, as amended), hereinafter referred to as the ‘Copyright Act’.
§3 TECHNICAL REQUIREMENTS
- The Client may use the functions of the Online Store under the Terms of Use and applicable laws, and in a manner that does not interfere with the functioning of the Online Store and other Clients.
- In order to use the Store, including browsing the Store’s selection and placing Orders for Services, the following are required:
- Access to the Internet via a device such as a desktop computer, laptop, or mobile device equipped to enable communication and complete forms within the Store, such as a functional keyboard;
- A properly configured, up-to-date version of a web browser that supports cookies and allows web browsing, such as Internet Explorer, Opera, Mozilla Firefox, Safari or Google Chrome;
- An active and properly configured email account (the Service Provider recommends that the Client ensure emails from the Service Provider’s domain are not filtered into ‘spam’, ‘offers’, or other folders instead of the main ‘inbox’. The Service Provider has no control over this filtering, which depends on the settings of the Client’s email provider or mailbox.
- The Service Provider applies appropriate technical measures to prevent the unauthorised acquisition, modification, or distortion of Personal Data and information by the Client or third parties.
- The Service Provider undertakes all reasonable efforts to ensure the proper functioning of the Store, including by using suitable tools or engaging third-party services.
§4 SERVICES AVAILABLE IN THE STORE
- Through the Online Store, the Service Provider makes available to the Client the Services specified in these Terms of Use.
- The Store also offers Services that are provided upon the individual request of the Client.
- A Client wishing to place an individual Order should contact the Service Provider at the email address indicated in these Terms of Use.
- Following agreement with the Client on the parameters and features of the Service, it shall be prepared in accordance with their individual request.
- The process of ordering an individually customised Service shall be arranged separately with the Client.
- The Service Provider notes that the right of withdrawal from the Agreement is excluded in the case of customised Services, as specified in these Terms of Use.
- The Service Provider may also make Digital Content or Digital Services available free of charge via the Store, e.g. by allowing the Client to subscribe to a newsletter or maintain a Client Account..
- The provision of Digital Content or Digital Services free of charge shall be governed by the provisions of these Terms of Use and, where applicable, by rules relating to paid Digital Content or Digital Services available in the Store, or by separate terms of use or subpages specifically dedicated to such content. Free Digital Content or Digital Services may also be offered for a fee, in accordance with separate Terms of Use or the description provided alongside the relevant content or service.
- The Service Provider shall make every reasonable effort to ensure that the Digital Services and Digital Content meet high quality standards and are in conformity with the Agreement concluded with the Client. To this end, the Service Provider shall ensure their quality, completeness, functionality, compatibility, interoperability, availability of technical support, clear and accurate service descriptions, and shall provide updates where necessary under applicable law, due to technological developments, or in order to improve quality.
§5 PRE-SALES OF SERVICES
- The Service Provider may offer selected Services for pre-sale.
- Pre-sale enables the Client to place an Order prior to the general release (i.e. the availability for purchase in the Online Store) of the Services, usually at a special price, which is typically lower than the standard price.
- Pre-sale may apply to new Services with limited availability or those that are not yet released in the Store.
- The availability date of Services offered in pre-sale shall be specified in the relevant service description.
- Pre-sale may be combined with other promotional offers.
- Services ordered during the pre-sale period shall be delivered (e.g. added to the Client’s Account) in the order in which the Orders were placed.
§6 PLACING AND EXECUTING ORDERS FOR SERVICES
- The Client may place an Order for a Service by selecting it from the relevant subpage of the Online Store. If available, the Client may choose from various Service options at different Prices, as indicated in the Service description.
- After selecting the Service, the Client should proceed by following the instructions displayed on the Store’s website in order to place the Order.
- The Client may apply a discount code, if they possess one.
- The Client may then review the total cost of the selected Services and proceed to payment.
- o place an Order, the Client is required to provide the following information via the relevant form:
- name and surname, and optionally the company name;
- name and position of persons authorised to represent the Client (where applicable);
- Tax ID number, National Business Registry Number, National Court Register Number, BDO number (where applicable);
- billing address (country, street, building number, flat number, postcode, city);
- phone number;
- email address;
- confirmation of acceptance of these Terms of Use by ticking the relevant checkbox. Acceptance is necessary to proceed with the Order;
- consent to the execution of the Order by the Service Provider, which entails an obligation to pay for the Order.
- The Client may also include additional comments related to the Order, such as specific information regarding the performance of the Service.
- During the Order process, the Client must select one of the available payment methods offered in the Store.
- Until the moment the Order is accepted by the Store, the Client may modify the Personal Data provided, the details of the selected Services, and the chosen payment method.
- By consenting to the execution of the Order, the Client acknowledges that concluding the Agreement entails an obligation to pay the due amount to the Service Provider.
- In order to receive a VAT invoice, the Client must declare that they are purchasing as an Entrepreneur and provide the relevant details (particularly their Tax Identification Number) prior to submitting the Order.
- If the Service selected requires conclusion of a Master Agreement, submitting the Order constitutes the Client’s declaration of intent to enter into a Preliminary Agreement with the Service Provider.
- In the case of an educational Service, by submitting the Order, the Client declares their intent to enter into an Agreement for the provision of educational services with the Service Provider, in accordance with these Terms of Use.
- The Client shall make payment by selecting one of the payment methods available in the Store and completing the transaction.
- Confirmation of the purchase is provided via email sent to the address specified by the Client in the Order form. The Client is responsible for providing an accurate and functional email address. The Service Provider shall not be liable for any delivery failure caused by errors or typos in the email address entered by the Client.
- The Preliminary Agreement or Agreement for the provision of educational services shall be deemed concluded upon the Client’s receipt of the confirmation email referred to in point 14 of this paragraph. The Agreement shall be concluded in Polish and governed by these Terms of Use.
- The Service Provider reserves the right not to execute the Order in the following circumstances:
- the Order form has been filled out incorrectly or incompletely (i.e. it lacks necessary data — the Service Provider will contact the Client to clarify, which may delay execution of the Order);
- payment has not been received within 3 days of the Order being placed (where prepayment was selected).
- If payment is not made within the period specified in point 16(b), the Service Provider shall grant an additional payment deadline and notify the Client via a durable medium. If this extended deadline also expires without payment, the Service Provider shall have the right to withdraw from the Agreement under the terms set out in these Terms of Use and in accordance with the provisions of the Agreement. In such cases, the Service Provider shall send the Client a statement of withdrawal from the Agreement on a durable medium pursuant to Article 491 of the Civil Code.
§7 SERVICE PRICES AND PAYMENT METHODS
- The prices listed in the Store are expressed in Polish zlotys and are net prices (VAT or other applicable taxes shall be added if required by law).
- The Service Provider does not apply mechanisms that adjust prices individually based on automated decision-making.
- The Service Provider reserves the right to change the prices of Services presented in the Store, introduce new Services, withdraw existing Services, run promotional campaigns and offer discounts, as well as temporarily provide Services, Digital Content or Digital Services free of charge. This right shall not affect Orders placed before the effective date of such changes. Details and duration shall be specified in the Service description.
- Each promotion shall have a limited duration. Discounts and promotions cannot be combined unless expressly stated otherwise. Full details of any promotion shall be set out either in its description on the Store’s website or subpages, or in the terms and conditions of the promotion.
- In any case where a price reduction is advertised, the Service Provider shall also display the lowest price applied to the given Service in the 30 days prior to the reduction.
- If a given Service has been offered in the Store for less than 30 days, the Service Provider shall display, next to the reduced price, the lowest price applied to that Service between the date of its introduction and the date of the reduction.
- The Client may choose from the following payment methods for ordered Services:
- Bank transfer – payable directly to the Service Provider’s account. To choose this method, please contact the Service Provider using the contact details provided in these Terms of Use;
- Electronic transfer – payable via the Przelewy24 system directly to the Service Provider’s account. Please include the Order number in the ‘Title’ field of the transfer;
- Payment card – processed via a card operator. Authorisation and Personal Data processing are carried out by the relevant bank;
- Cash on delivery – payable upon receipt. The Service will be delivered after payment is collected on delivery;
- Instalment plan – the Client will be redirected to the instalment provider’s website to complete the transaction under the terms set out by the bank or provider.
- In the case of electronic payments, the Service will be provided in accordance with the Agreement after the payment has been received and credited to the Service Provider’s bank account. This also applies to Digital Content, Educational Services, and paid Digital Services offered through the Store.
- Each Order shall be accompanied by proof of purchase, i.e. an invoice (personal or company, depending on the details provided). If the Client has requested a company invoice, it shall be issued accordingly. Invoices will be issued in electronic form and sent automatically to the email address provided by the Client, to which the Client hereby gives consent.
- If the Client requires an EU VAT invoice, they should contact the Service Provider, providing the Order number and invoice details. In case of errors in the invoice, a corrective invoice will be issued.
§8 PROVISION OF SERVICES – CONCLUSION OF AGREEMENTS, REFUND
- The Services shall be provided by the Service Provider in accordance with the provisions of the Agreements concluded with the Client and these Terms of Use. In the event of any inconsistency, the provisions of the concluded Agreements shall prevail over the Terms of Use.
- Distance Agreements, in particular the Preliminary Agreement, shall be concluded upon receipt by the Client of the Service Provider’s statement of acceptance of the Order, delivered by electronic means.
- The Master Agreement shall be deemed concluded upon the placement of the final required signature.
- In the event of non-performance of the Order, all payments made by the Client to the Service Provider shall be refunded in accordance with the deadlines and terms set out in the Agreements governing the provision of the Services.
- If a Preliminary Agreement is concluded following the submission of an Order, the Client undertakes to enter into the Master Agreement within 30 days of its receipt by electronic means. Any payments made by the Client in execution of the Order shall be treated as an advance on the remuneration for the Master Agreement and, upon its conclusion, shall be credited towards the total fee due under that Agreement.
- In accordance with Article 17(4) of the Act of 13 June 2013 on Packaging and Packaging Waste Management, the Master Agreement must be concluded in writing to be valid. To this end, the Client agrees to return the signed Master Agreement to the Service Provider by either of the following methods:
- in hard copy, bearing the signature of the person(s) authorised to represent the Client, sent to the Service Provider’s registered office;
- in electronic form, bearing a qualified electronic signature of the authorised person(s), sent to the Service Provider’s electronic address.
- If the Client fails to fulfil its obligation to conclude the Master Agreement and does not return the duly signed Agreement within the time limit specified in point 5, the Service Provider may withdraw from the Master Agreement without granting an additional deadline and retain the administrative fee as compensation for any loss incurred as a result of reliance on the Client’s undertaking to conclude the Master Agreement.
- If the Master Agreement is not concluded due to reasons attributable to both Parties or for reasons beyond the control of either Party, the Service Provider shall return the advance payment to the Client in the nominal amount.
§9 CHANGES AND UPDATES TO DIGITAL CONTENT OR DIGITAL SERVICES
- The Service Provider shall provide the Client with updates throughout the period during which the Digital Content or Digital Service is supplied and shall inform the Client of the need to perform such updates. The Client is also advised to periodically update the devices used to access the Digital Content or Digital Services. The Service Provider shall not be liable for any non-conformity of the Digital Content or Digital Service with the Agreement resulting solely from the Client’s failure to install updates, provided that:
- the Service Provider has informed the Client about the availability of the update and the consequences of not installing it; and
- the failure to install or the incorrect installation of the update did not result from deficiencies in the installation instructions provided by the Service Provider.
- The Service Provider may modify the Digital Content or Digital Service where such changes are not necessary to maintain conformity with the Agreement, for the following legitimate reasons:
- technological developments affecting the Digital Content or Digital Service,
- changes in the law, or the need to bring the Digital Content or Digital Services into compliance with applicable legal requirements or official guidance,
- stylistic or quality-related enhancements which do not materially alter the substance of the Digital Content or Digital Service,
- changes in the scope of the Service Provider’s business activity, including the removal or introduction of new services or types of Services.
- This clause shall not apply to Digital Content or Digital Services supplied on a one-off basis. Such content or services may not be modified after delivery.
- Any changes introduced by the Service Provider shall not incur any additional cost to the Client.
- If a change would significantly and adversely affect the Client’s access to, or use of, the Digital Content or Digital Service, the Service Provider shall notify the Client in advance, informing them of the nature and timing of the change and their right to terminate the Agreement without notice within 30 days from either the date of the change or the date of notification (whichever is later).
- The Service Provider may, at its discretion, grant the Client the right to retain the Digital Content or Digital Service in its unmodified form, at no additional charge.
- The Service Provider shall notify the Client of any changes in a clear and comprehensible manner, typically by sending an email to the address provided by the Client when placing the Order, with reasonable prior notice. The Client may at any time update their contact details by notifying the Service Provider using the contact information provided in these Terms of Use.
§10 SERVICES AND DIGITAL SERVICES – CONCLUSION OF THE AGREEMENT, CLIENT ACCOUNT, NEWSLETTER
- The Service Provider makes available to the Client Digital Services through the Store, including, in particular, the possibility of concluding an Agreement, such as a Preliminary Agreement, by electronic means. This Digital Service is provided free of charge as part of the price paid for placing the Order.
- The Service Provider also provides a newsletter service to the Client, subject to the Client’s prior consent. Details relating to the newsletter, including subscription and unsubscription, are set out in the privacy policy or separate terms of use for this service available in the Store.
- The Service Provider further provides a Digital Service consisting of the registration and maintenance of a Client Account, accessible via login credentials, if the Client chooses to create such an Account. This service is included in the price paid for the respective Service, Digital Content, or Digital Service.
- To create an Account, the Client must:
- have access to the Internet,
- possess a valid and properly configured email address, as set out in these Terms of Use,
- not use AdBlock or similar plug-ins which may interfere with the Store’s functionality or the Digital Services.
- To create an individual Account, the Client must complete the registration form, accept the Terms of Use, and place an Order.
- An email containing Account registration information and an activation link to set a password shall be sent to the email address provided by the Client. Once the password is set, the Account is created and becomes available for use.
- The creation of an individual Account is not a prerequisite for accessing Services, Digital Content, or Digital Services.
- Upon successful registration, an agreement for the provision of a free Digital Service consisting of the creation, maintenance, and operation of the Client’s Account is concluded for an indefinite period.
- The Client logs in using their email address or username and password. If the password is lost or forgotten, a new one may be generated at any time.
- To safeguard the Client’s data and the security of the Store, the Service Provider implements appropriate technical and organisational measures to prevent unauthorised access or alterations to Personal Data. These include antivirus protection, technical support, and other relevant security tools.
- The Service Provider shall not be liable for the non-conformity of the Digital Service with the Agreement to the extent that the Client, having been informed in advance of the requirements necessary for its use, fails to meet those requirements.
- The Service Provider shall take reasonable steps to ensure the proper functioning of the Store. The Client may notify the Service Provider of any faults or service interruptions.
- It is prohibited to share Account login details with third parties or to register multiple Accounts by a single User.
- In the case of Clients who are Consumers, the Service Provider may terminate the agreement for the provision of Digital Services and delete the Client’s Account or revoke their ability to place Orders at any time, subject to 14 days’ notice. This shall not affect the Client’s rights acquired prior to the termination.
- In the case of Clients who are Consumers, the Service Provider may terminate the agreement for the provision of Digital Services involving the Client Account with immediate effect for valid reasons, in the event of a material and gross breach of these Terms of Use. This applies, in particular, to the use of the Store or Account in a manner that is unlawful, contrary to these Terms of Use, inconsistent with good practices or the intended purpose of the Store or Account; disruptive to the Service Provider or other Clients; involving copying or unauthorised sharing of Services, Digital Content or Digital Services; submission of false or misleading information; or attempting to bypass the Store’s technical security to gain unauthorised access.
- The Client may terminate the agreement for the provision of Digital Services involving the Client Account at any time, with 14 days’ notice, or immediately for important reasons.
- Upon withdrawal from the Agreement, the Service Provider may prevent further use of the Digital Service involving the Client Account, including by disabling access or blocking the Account.
- Deletion of the Account results in the loss of access to all materials or information previously available therein.
- To delete the Account, the Client may either remove it independently or contact the Service Provider via electronic means using the contact details specified in these Terms of Use.
- The Service Provider informs that deletion of the Client Account may limit or prevent the use of certain Digital Services, such as order history tracking.
§11 COMPLAINT PROCEDURE FOR DIGITAL CONTENT OR DIGITAL SERVICES
- The Service Provider shall be liable for any lack of conformity of the Digital Content or Digital Service supplied on a non-tangible medium, in whole or in part, that existed at the time of delivery and became apparent within two years thereof, in accordance with the provisions of the Consumer Rights Act.
- The Service Provider shall make every effort to ensure that the Digital Content and Digital Services comply with the Agreement and that the Client can use them in accordance with its terms. To this end, the Service Provider clearly and comprehensibly informs the Client, in these Terms of Use, of all relevant requirements, including those incumbent on the Client.
- If the Digital Content or Digital Service is not in conformity with the Agreement, the Client may request that it be brought into conformity.
- The Service Provider may refuse to bring the Digital Content or Digital Service into conformity if this is impossible or would involve excessive cost for the Service Provider.
- The Service Provider shall bring the Digital Content or Digital Service into conformity with the Agreement within a reasonable time from the moment the lack of conformity is reported and without undue inconvenience to the Client, taking into account the nature and intended use of the Digital Content or Digital Service. The costs of bringing it into conformity shall be borne by the Service Provider.
- Where the Digital Content or Digital Service is not in conformity with the Agreement, the Client may make a declaration of price reduction (in the case of paid Services) or withdrawal from the Agreement if:
- bringing the Digital Content or Digital Service into conformity is impossible or would involve excessive cost;
- the Service Provider has not brought it into conformity;
- the lack of conformity persists despite the Service Provider’s attempt to remedy it;
- the lack of conformity is so substantial as to justify an immediate price reduction or withdrawal from the Agreement without first requesting that it be remedied;
- it is clear from the Service Provider’s statement or the circumstances that conformity will not be restored within a reasonable time or without undue inconvenience.
- The reduced price must be proportionate to the price set out in the Agreement, reflecting the ratio between the value of the non-conforming Service and the value of a Service in conformity with the Agreement.
- The Client may not withdraw from the Agreement if the Digital Content or Digital Service was provided in exchange for payment and the lack of conformity is minor.
- Upon withdrawal from the Agreement, the Service Provider may not use any content – other than personal data – provided or generated by the Client while using the Digital Content or Digital Service, except as permitted by the Consumer Rights Act.
- The Service Provider shall not be liable for any lack of conformity of the Digital Content or Digital Service with the Agreement if the Client’s digital environment is incompatible with the technical requirements clearly and comprehensibly communicated by the Service Provider prior to the conclusion of the Agreement in these Terms of Use or in the description of the relevant Digital Content or Digital Service. The Service Provider shall likewise not be liable if the Client, despite being clearly informed prior to the conclusion of the Agreement of their obligation to cooperate with the Service Provider – to a reasonable extent and using the least burdensome technical means – in determining whether the lack of conformity originates in their digital environment, fails to fulfil this obligation.
- The complaint should contain information enabling the identification of the Client (full name, correspondence address, email address), the subject of the complaint (e.g. type and date of the lack of conformity), and the Client’s associated request. If the complaint is incomplete, the Service Provider shall ask the Client to provide the missing information.
- Complaints should be submitted to the Service Provider’s email address indicated in these Terms of Use.
- The Service Provider shall respond to a complete complaint within 14 days of its receipt and inform the Client of the next steps, by email, by the same means used by the Client to contact the Service Provider, or by another method agreed with the Client.
- The Service Provider shall process the Client’s personal data for the purpose of handling the complaint, in accordance with the Privacy Policy.
- The Client may use the complaint form attached to these Terms of Use or may contact the Service Provider directly.
- The Service Provider shall only be obliged to refund the portion of the price corresponding to the Digital Content or Digital Service that does not conform with the Agreement, as well as any Digital Content or Digital Service whose delivery obligation has lapsed as a result of withdrawal (if the content or service was paid).
- The Service Provider shall refund the amount due as a result of the Client exercising the right of withdrawal or requesting a price reduction without undue delay and no later than 14 days from the date of receipt of the Client’s relevant declaration (if the content or service was paid).
- The Service Provider shall issue the refund using the same method of payment used by the Client, unless the Client has expressly agreed to a different method that does not involve any cost to them.
- The provisions of this section apply to both Consumers and Entrepreneurs with consumer rights.
§12 WITHDRAWAL FROM THE AGREEMENT
- A Client who is a Consumer or an Entrepreneur with consumer rights shall have the right to withdraw from the Agreement within 14 days without providing any reason, subject to point 7.
- The withdrawal period begins on the day the Service Provider commences the provision of the Service.
- To exercise the right of withdrawal, the Client must inform the Service Provider of their decision to withdraw from the Agreement by way of an unequivocal statement (e.g. by email or via the contact form available in the Store). To meet the withdrawal deadline, it is sufficient for the Client to send the notice of withdrawal before the withdrawal period has expired.
- A model withdrawal form is attached as an appendix to these Terms of Use. The Client may use this form, although it is not obligatory.
- The Service Provider shall, without undue delay and no later than within 14 days of receipt of the Client’s statement of withdrawal, refund all payments received from the Client, including the cost of delivery of the Service, subject to points 9 and 11 of this paragraph.
- The Service Provider shall issue the refund using the same method of payment used by the Client, unless the Client has expressly agreed to a different refund method that does not involve any cost to them.
- The right to withdraw from a Distance Agreement does not apply where the Agreement was concluded:
- for the supply of services for which the Client is obliged to pay the Price, where the Service has been fully performed with the Client’s express prior consent, and the Client was informed prior to the commencement of the Service that they would lose the right of withdrawal once the Service had been fully performed, and the Client acknowledged this;
- for the supply of Digital Content not provided on a tangible medium, for which the Client is obliged to pay the Price, where the Service Provider began performance with the Client’s express prior consent and the Client was informed prior to the commencement of the Service that they would lose the right of withdrawal once the Service had been performed, and the Client acknowledged this, and the Service Provider provided confirmation on paper or, with the Client’s consent, on another durable medium;
- for the provision of services for which the Client is obliged to pay the Price where the Client has expressly requested the Service Provider to visit the Client’s premises to carry out repairs, and the Service has been fully performed with the Client’s express prior consent.
- The Service Provider may withhold the refund until the Service has been returned or until proof of its return has been provided, whichever occurs first.
- If the Client selected a method of delivery that is more expensive than the least costly standard delivery method offered by the Service Provider, the Service Provider shall not be obliged to reimburse the additional costs incurred by the Client.
- The Client shall return the Services to the Service Provider without undue delay, and no later than 14 days from the day on which they withdrew from the Agreement. This deadline is deemed met if the Client sends the Service back before the expiry of the 14-day period.
- The Client shall bear the direct cost of returning the Service in the event of withdrawal.
- The Client shall be liable for any diminished value of the Service resulting from use beyond what is necessary to establish its nature, characteristics, and functionality.
- If a corrective invoice is required, it shall be issued by the Store at the time the refund is made to the Client. The corrective invoice shall be sent to the email address provided when placing the Order, which the Client agrees to. The Client shall confirm receipt of the corrective invoice.
- In the event of withdrawal from an Agreement for the provision of Digital Content or a Digital Service, the Service Provider shall not use any content – other than Personal Data – provided or generated by the Client while using the Digital Content or Digital Service from the date of receipt of the Client’s statement of withdrawal, unless the content:
- is useful only in connection with the Digital Content or Digital Service that was the subject of the Agreement;
- relates solely to the Client’s activity while using the Digital Content or Digital Service;
- has been combined by the Service Provider with other data and cannot be separated or can only be separated with disproportionate effort;
- was created by the Client jointly with other Clients who may still use it.
- Where the content was created by the Client together with other Clients who may continue to access it, the Service Provider shall, at the Client’s request, make available to the Client content (other than Personal Data) that was provided or generated by the Client while using the Digital Content or Digital Service supplied by the Service Provider.
- The Client shall have the right to retrieve the Digital Content from the Service Provider free of charge, without hindrance, within a reasonable time and in a commonly used, machine-readable format.
- Upon withdrawal from the Agreement, the Service Provider may prevent the Client from further use of the Digital Content or Digital Service, in particular by disabling the Client’s access to the Digital Content.
- Following withdrawal from the Agreement for the supply of Digital Content or a Digital Service, the Client is obliged to cease using the Digital Content or Digital Service and to refrain from making it available to third parties.
- The provisions of this paragraph apply to both Consumers and Entrepreneurs with consumer rights.
§13 PROVISIONS APPLICABLE TO ENTREPRENEURS
- The provisions of this paragraph shall apply to Clients of the Store who are Entrepreneurs, as defined in these Terms of Use.
- In the case of Clients who are Entrepreneurs, the Service Provider may terminate the agreement for the provision of the Digital Service consisting of maintaining the Client Account with immediate effect and without providing a reason, by submitting an appropriate statement, including by electronic means, to the email address provided by the Client during registration. This shall not give rise to any claims against the Service Provider.
- The Service Provider shall have the right to withdraw from the Agreement concluded with a Client who is an Entrepreneur without providing a reason – if permissible under the Agreement – within 14 calendar days of its conclusion, by submitting an appropriate statement, including by electronic means, to the email address provided by the Client at the time of Account registration. This shall not give rise to any claims against the Service Provider.
- If the Service is delivered to the Client via a carrier, the Entrepreneur is obliged to examine the shipment promptly and in a manner appropriate to its type. The Entrepreneur shall take immediate steps to establish the carrier’s liability where necessary. In such cases, the Service Provider shall not be liable for any loss, shortage, or damage to the shipment arising after its acceptance for transport until its delivery to the Entrepreneur, nor for any transport delays.
- In dealings with Clients who are Entrepreneurs, the Service Provider reserves the right to independently specify and limit the available payment methods and may require advance payment in full or in part, regardless of the payment method selected by the Entrepreneur or the conclusion of a Distance Agreement.
- The total liability of the Service Provider towards a Client who is an Entrepreneur for non-performance or improper performance of the Agreement is limited to the amount of the Price paid for the Service and the cost of the Order, in cases involving wilful misconduct. The Service Provider shall not be liable for any lost profits of the Entrepreneur.
- Any disputes between the Service Provider and a Client who is an Entrepreneur shall be subject to the jurisdiction of the court competent for the registered office of the Service Provider.
§14 PROVISIONS APPLICABLE TO ENTREPRENEURS WITH CONSUMER RIGHTS
- An Entrepreneur with consumer rights is an Entrepreneur who makes purchases in the Store that are related to their business activity but are not of a professional nature, as determined in particular by the subject of their business activity listed in the Central Register and Information on Economic Activity, in accordance with Article 385(5), Article 556(4), Article 556(5), and Article 576(5) of the Civil Code and Article 7aa of the Consumer Rights Act.
- An Entrepreneur with consumer rights, as defined above, shall be entitled to the rights granted to Consumers under these Terms of Use, including in particular:
- access to Digital Services provided by electronic means,
- the right to withdraw from a Distance Agreement or an agreement concluded off-premises,
- the right to lodge complaints and seek remedies for the non-conformity of the Service with the Agreement, within the scope permitted by Article 7aa of the Consumer Rights Act and Articles 385(5), 556(4), 556(5), and 576(5) of the Civil Code.
In all other respects, the provisions applicable to Entrepreneurs shall apply.
- An Entrepreneur with consumer rights, by accepting these Terms of Use during the ordering process and subsequently exercising the rights set out in this paragraph, shall complete the appropriate complaint or withdrawal form, and in particular provide information confirming the circumstances that establish their status under Article 7aa of the Consumer Rights Act, or submit such information by other means.
- The Entrepreneur referred to in the preceding paragraph declares, in the relevant form submitted to the Service Provider or in another manner, that the Service(s) purchased and the Agreement concluded are directly related to their business activity but are not of a professional nature, as determined in particular by the subject of their business activity indicated in the Central Register and Information on Economic Activity. This declaration shall serve as confirmation that the Entrepreneur meets the conditions to be regarded as an Entrepreneur with consumer rights. The forms constitute appendices to these Terms of Use.
§15 INTELLECTUAL PROPERTY, LICENCE, COPYRIGHT
- The Services, Digital Content, and Digital Services provided by the Service Provider and made available in the Store — including, in particular, content, texts, logos, photographs, company names, service marks, service logos, third-party Digital Content or Digital Services, and graphic design — may constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights. These are protected by law and constitute the intellectual property of the Service Provider or of third parties who are their respective owners or authors, and have been made available solely for use in connection with the Store, which the Client acknowledges by accepting these Terms of Use.
- If the Client intends to use the Services, Digital Content, Digital Services, or any of the above-mentioned elements in a manner inconsistent with these Terms of Use or their intended purpose and functionality, they must obtain prior written consent from the Service Provider.
- The Client agrees to the inclusion of their logo in the Service Provider’s list of clients. By doing so, the Client grants the Service Provider a non-exclusive, royalty-free, time-unlimited and territorially unrestricted licence to use the logo for the Service Provider’s business purposes, in the following fields of exploitation: recording in digital form in computer memory and on the Internet, reproduction by any technique, distribution within the Store, on the Service Provider’s websites and social media channels, and public display, including making it available so that anyone may access it at a time and place of their choosing.
- The Service Provider grants the Client a non-exclusive and non-transferable licence, without the right to sublicense, to use the Digital Content or Digital Services. Under the Agreement, the Client is authorised to use the Digital Content or Digital Services solely for their own purposes, without territorial limitations, in the following fields of exploitation:
- digital recording – saving through digital processing on a dedicated platform (Client Account) maintained by the Service Provider;
- printing for personal use of materials in .pdf, .doc, or .docx formats, if this is specified in the description of the relevant Service, Digital Content, or Digital Service;
- digital recording and modification for personal use, within the scope permitted in the respective instructions or descriptions, e.g. on a hard drive or in designated external programmes.
- The licence referred to in point 4 shall remain valid for the duration of the Client’s access to the relevant Service, Digital Content, or Digital Service. The access period — and therefore the licence term — is specified in the relevant description. Unless otherwise stated, the standard access period is 365 days from the date of the Order. The remuneration for the licence is included in the price paid by the Client for the Service, Digital Content, or Digital Service.
- Without the express written consent of the Service Provider, it is strictly prohibited to engage in the following, either in relation to the entirety or any part of the Service, Digital Content, or Digital Service:
- making them available or presenting them to third parties;
- publishing them in any form, unless explicitly permitted in the usage instructions or descriptions;
- copying or reproducing them for purposes other than personal use.
- The Client undertakes to exercise due diligence to ensure that the Services, Digital Content, and Digital Services (e.g. educational materials available on the training platform) are not disclosed to unauthorised persons or third parties.
- The Service Provider hereby informs the Client that any unauthorised distribution of the Services, Digital Content, or Digital Services constitutes a breach of the law and may give rise to civil or criminal liability. The Service Provider may also seek appropriate compensation for material or non-material damage in accordance with applicable legal provisions.
- The Service Provider is entitled to periodically update the Services, Digital Content, and Digital Services in accordance with these Terms of Use.
§16 PERSONAL DATA AND COOKIES
In accordance with Article 13(1) and (2) of the GDPR (i.e. 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) and the Act of 10 May 2018 on the protection of personal data, we hereby inform you that:
- The controller of the Client’s Personal Data is PRO R3 Organizacja Odzysku Opakowań S.A. with its registered office in Warsaw, at ul. Nowy Świat 1/10, 00-496 Warsaw, entered into the Register of Entrepreneurs of the National Court Register under number KRS: 0001107457, NIP: 7011206890 (hereinafter referred to as the ‘Data Controller’). The Data Controller performs the duties of the Data Protection Officer. The Data Controller can be contacted via email: biuro@pro.r3.org.pl, telephone: +48 739 941 231, or in writing to the above address.
- The Client’s Personal Data provided in the forms available in the Store is processed on the basis of the agreement concluded between the Client and the Data Controller upon the Client’s acceptance of these Terms of Use, in accordance with Article 6(1)(b) of the GDPR (processing necessary for the performance of a contract). The processing is necessary to perform the agreement (including execution of the Order and creation of an Account), as well as to maintain the Client Account and provide support related to the Agreement.
- Personal Data may also be processed for the following purposes and on the following legal bases:
- issuing invoices and fulfilling tax obligations – Article 6(1)(c) GDPR (legal obligation);
- executing payment transactions through an electronic payment operator – Article 6(1)(b) GDPR;
- processing complaints or claims – Article 6(1)(b) GDPR;
- establishing, exercising, or defending legal claims – Article 6(1)(f) GDPR (legitimate interest);
- telephone contact related to the performance of the Service – Article 6(1)(b) GDPR;
- storing unpaid Orders – Article 6(1)(f) GDPR;
- maintaining records and registers required under GDPR – Article 6(1)(c) and (f) GDPR;
- archiving and evidential purposes to secure information that may serve as proof of facts – Article 6(1)(f) GDPR;
- using cookies on the website and subpages of the Store – Article 6(1)(a) GDPR (consent);
- direct marketing – Article 6(1)(f) GDPR,
- sending newsletters or other free Digital Content – Article 6(1)(a) and (f) GDPR.
- The provision of Personal Data is voluntary, but necessary for purposes related to the performance of the Agreement and the Data Controller’s legitimate interests. Failure to provide the data will render the conclusion and performance of the Agreement impossible.
- Personal Data shall be processed for the duration of the Agreement and for the period necessary to secure or pursue any claims under applicable law. Thereafter, the data shall be deleted, unless the Client continues to use the Controller’s services on a different legal basis, and for a purpose indicated to the Controller.
- Personal Data may be shared with data recipients such as IT and hosting providers, email service providers, newsletter dispatch services, payment operators, legal advisors, subcontractors and other entities involved in the operation of the Store.
- Because the Data Controller uses external service providers such as Meta Platforms Ireland Limited (Facebook and its affiliates), Google, Microsoft, etc., Personal Data may be transferred to the United States of America. Based on the European Commission’s adequacy decision of 10 July 2023 (EU-U.S. Data Privacy Framework), Meta and Google have received certification that ensures the level of data protection is equivalent to that of the EU. Data is transferred only to entities that ensure the highest level of protection, including:
- cooperation with processors based in countries subject to an adequacy decision,
- use of the European Commission’s standard contractual clauses,
- use of binding corporate rules approved by supervisory authorities,
or where the Client has expressly consented to the transfer
- The Client has the right to access, rectify, and erase their data; to restrict or object to processing; to data portability; and to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office – if they believe their data is being processed unlawfully. The Client also has the ‘right to be forgotten’ if further processing is not justified by applicable law.
- Where processing is based on consent, the Client may withdraw their consent at any time. This does not affect the lawfulness of processing carried out before such withdrawal.
- Personal Data shall not be subject to automated decision-making, including profiling, within the meaning of the GDPR. This means that the Controller does not take decisions that could affect the Client’s rights or freedoms solely on the basis of automated processing.
- The Service Provider implements appropriate technical and organisational measures to ensure the security of data processing, including measures to prevent unauthorised access, alteration, or loss of Personal Data.
- Detailed rules for the collection, processing, and storage of Personal Data for the purposes of executing Orders placed through the Store, as well as the use of cookies, are outlined in the Privacy Policy available at: https://pro.r3.org.pl/polityka-prywatnosci/.
§17 EXTRAJUDICIAL MEANS OF COMPLAINT AND REDRESS
- The Service Provider agrees to submit any disputes arising in connection with Agreements concluded for the provision of the Service to mediation. The specific terms shall be determined by the parties to the dispute.
- A Consumer may make use of extrajudicial means of complaint and redress. In particular, the Consumer may:
- refer the dispute arising from the Agreement to a permanent consumer arbitration court for resolution,
- apply to the Provincial Inspector of the Trade Inspection for the initiation of mediation proceedings aimed at the amicable resolution of the dispute between the Client and the Service Provider;
- seek free assistance from a district (municipal) consumer ombudsman or a consumer protection organisation whose statutory objectives include the protection of consumer rights (e.g. the Consumer Federation or the Association of Polish Consumers).
- More detailed information on alternative dispute resolution methods for consumers can be found on the website: http://www.uokik.gov.pl, as well as at the offices and on the websites of district (municipal) consumer ombudsmen, consumer protection organisations, and Provincial Inspectorates of Trade Inspection.
- The Consumer may also make use of the ODR platform, available at: http://ec.europa.eu/consumers/odr. The platform enables the resolution of disputes between consumers and traders concerning contractual obligations arising from online sales contracts or contracts for the provision of services, without the need to go to court.
- A case may be referred to arbitration only after the internal complaint procedure has been exhausted and with the mutual consent of both parties to the dispute. In all other cases, disputes shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure and the rules of general jurisdiction.
- The provisions of this paragraph apply to Consumers and Entrepreneurs with consumer rights.
§18 OPINIONS – FUNCTIONING WITHIN THE STORE/WEBSITE
- The Store may display opinions from its Clients and individuals who have used the services of the Service Provider.
- Opinions may appear in various locations within the Store and on its subpages: in the description of a Service, in a dedicated tab for leaving reviews under a specific Service, in the ‘Opinions’ tab, and similar. They may also relate to external tools or services presenting Client feedback, such as Google business profiles, social media platforms (including Facebook fan pages and ‘Reviews / Opinions’ sections), or review portals such as Opineo or Ceneo. Opinions may be presented in a variety of formats, e.g. video, PDF, written reviews including the image and details of the Client, partly anonymised Personal Data, or in fully anonymous form.
- Each Client of the Store may leave an opinion regarding a Service, thereby consenting to its publication within the Store and for other purposes specified by the Service Provider.
- The Service Provider shall take reasonable and proportionate steps to ensure that the opinions published in the Store and its subpages are genuine and originate from actual Clients. This includes, for example, obtaining consent for the use of reviews in marketing outside the Store, verifying the Client’s identity, or confirming that a given opinion originates from a verified transaction.
- Opinions submitted in the Store are verified by the Service Provider, whereby a Client may submit an opinion only after logging into their Client Account.
- If an opinion raises doubts as to its authenticity or content, the Service Provider may decide not to publish it. A person whose opinion has not been published or has been removed may contact the Service Provider to clarify the matter and receive an explanation.
- The Service Provider is not obliged to publish all opinions submitted in the Store and may remove or selectively publish them at its discretion, if it considers this justified.
- The Service Provider does not publish, sponsor, purchase, or acquire opinions through barter. The Service Provider also does not publish or instruct others to publish false reviews or endorsements, nor distort or manipulate reviews to promote Services offered in the Store.
§19 DEFINITIONS, PROCEDURES, DUTIES, AND POWERS RELATED TO DSA
The Service Provider does not provide any intermediary services within the meaning of the Digital Services Act (DSA) and is therefore not subject to any obligations arising therefrom.
§20 FINAL PROVISIONS
- Agreements concluded via the Online Store and services provided are performed in Polish and governed by Polish law.
- The Service Provider reserves the right to amend these Terms of Use for valid reasons, such as changes in applicable law, modifications to payment or delivery methods, or technological developments, insofar as such changes affect the execution of these Terms of Use. The amended Terms of Use shall enter into force on the date of their publication on the Service Provider’s website under the subpage titled ‘Terms of Use’.
- Agreements concluded prior to the amendment of these Terms of Use shall be governed by the version in force at the time of their conclusion.
- If any provision of these Terms of Use is found to be inconsistent with generally applicable law or detrimental to consumer interests, the Service Provider declares that it shall apply the lawful and consumer-compliant version of that provision.
- Any disputes between the Service Provider and a Client who is a consumer within the meaning of Article 22(1) of the Civil Code shall be resolved by a court with jurisdiction as determined by the applicable provisions of the Code of Civil Procedure.
- In matters not regulated by these Terms of Use, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Consumer Rights Act, the Act on the Provision of Electronic Services, the Act on Combating Unfair Competition, the Act on the Protection of Personal Data, and the General Data Protection Regulation (GDPR).
Link to Privacy Policy: https://pro.r3.org.pl/polityka-prywatnosci/
Link to these Terms of Use: https://pro.r3.org.pl/regulamin/
APPENDIX NO. 1 – TEMPLATE OF THE COMPLAINT FORM FOR CONSUMERS
Place and date: …………………………….
Name and surname/company name: …………………………….
Address: …………………………………….……………………..……….
Email: …………………………………………………………..………….
Phone number: ………………………………………………………….
Order number: ………………………………………………………….
Date of order receipt: ……………………………………………….
Service Provider:
PRO R3 Organizacja Odzysku Opakowań S.A.
Address: ul. Nowy Świat 1/10 00-496 Warszawa,
National Court Register: KRS 0001107457,
Tax ID: 7011206890,
National Business Registry No.: 528719685
Phone number: +48 739 941 231
E-mail: biuro@pro.r3.org.pl
Consumer complaint concerning Services / Digital Content / Digital Services
I hereby notify that the following Service / Digital Content / Digital Service: ……………………………………………….. [information] purchased by me on ……………………………..
does not conform to the Agreement.
Description of the non-conformity: ………………………………………………………………………………….…………………………………………………………………………………………………………………….…………………………………………………………………………………………………………………………………………………………………………………………………………
The non-conformity was identified on…………………………….
In connection with the above, I request(in the case of Services):
- Bringing the Service into conformity with the Agreement,
- Price reduction of ………………….,
- Withdrawal from the Agreement.
In connection with the above, I request (in the case of Digital Content / Digital Services):
- Bringing the Digital Content / Digital Service into conformity with the Agreement,
- Price reduction in the amount of ………………….,
- Withdrawal from the Agreement.
Bank account number for refunds:
………………………………………………………………………………………………………………………
Bank account holder: ………………………………..…………………………………………………….
Date: ____________________ Signature of the Consumer: __________________
APPENDIX NO. 2 – TEMPLATE OF THE COMPLAINT FORM
FOR ENTREPRENEURS WITH CONSUMER RIGHTS
Place and date: …………………………….
Name and surname/company name: …………………………….
Company address: …………………………………………………….
Tax ID: ………………………………………………………………..……
E-mail: ………………………………………………………..…………….
Phone number: ………………………………………………………….
Order number: ………………………………………………………….
Date of order receipt: ……………………………………….……….
Service Provider:
PRO R3 Organizacja Odzysku Opakowań S.A.
Address: ul. Nowy Świat 1/10 00-496 Warszawa,
National Court Register: KRS 0001107457,
Tax ID: 7011206890,
National Business Registry No.: 528719685
Phone number: +48 739 941 231
E-mail: biuro@pro.r3.org.pl
Entrepreneur with consumer rights complaint concerning
Services / Digital Content / Digital Services
I hereby notify that the following Service / Digital Content / Digital Service: ……………………………………………….. [information] purchased by me on ……………………………..
does not conform to the Agreement..
Description of the non-conformity: ………………………………………………………………………………….…………………………………………………………………………………………………………………….…………………………………………………………………………………………………………………………………………………………………………………………………………
The non-conformity was identified on…………………………….
In connection with the above, I request (in the case of Services):
- Bringing the Service into conformity with the Agreement,
- Price reduction of ………………….,
- Withdrawal from the Agreement.
In connection with the above, I request (in the case of Digital Content / Digital Services):
- Bringing the Digital Content / Digital Service into conformity with the Agreement,
- Price reduction of ………………….,
- Withdrawal from the Agreement.
Bank account number for refunds:
………………………………………………………………………………………………………………………
Bank account holder: ………………………………..…………………………………………………….
At the same time, I declare that the purchased Service(s) and, consequently, the agreement concluded are directly related to my business activity but are not of a professional nature, as defined in particular by the scope of my business activity listed in the Central Register and Information on Economic Activity (CEIDG).
As evidence of this, I provide below the Polish Classification of Economic Activities (PKD) codes associated with my registered business activity in the CEIDG:
PKD NO. …………………………… Description: ……………………………………………………………………
PKD NO. …………………………… Description: ……………………………………………………………………
PKD NO. …………………………… Description: ……………………………………………………………………
PKD NO. …………………………… Description: ……………………………………………………………………
PKD NO. …………………………… Description: ……………………………………………………………………
Date: ____________________ Signature: __________________
APPENDIX NO. 3 – TEMPLATE FOR WITHDRAWAL FROM THE AGREEMENT
FOR CONSUMERS
Place and date: …………………………….
Name and surname/company name: …………………………….
Address: …………………………………………………………….….….
E-mail (if available): …………………………………………….…….
Phone number (if available): ……………………………..…….….
Order number: ……………………………………………………….….
Date of order receipt: ………………………………………………….
Service Provider:
PRO R3 Organizacja Odzysku Opakowań S.A.
Address: ul. Nowy Świat 1/10 00-496 Warszawa,
National Court Register: KRS 0001107457,
Tax ID: 7011206890,
National Business Registry No.: 528719685
Phone number: +48 739 941 231
E-mail: biuro@pro.r3.org.pl
Declaration of withdrawal from an Agreement
concluded at a Distance or Outside Business Premises (for Consumers)
hereby declare that I withdraw from Agreement No. …………………………………………………… concluded on ………………………………………………, concerning the following Services:
…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..
Please refund the amount of PLN ………………
(in words: ………………………………………………………złotych)
Refund to be made:
- by postal order to the following address: ………………………………………………………………………………….…. [complete if applicable]
- to the following bank account number:………………………………………………. [complete if applicable]
Date: _____________________ Signature of the Consumer: _____________
Instruction on the Effects of Withdrawal from the Agreement
Should you withdraw from this Agreement, we shall reimburse all payments received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from the Agreement.
The reimbursement shall be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any case, you shall not incur any fees as a result of the reimbursement.
APPENDIX NO. 4 – TEMPLATE FOR WITHDRAWAL FROM THE AGREEMENT
FOR CENTREPRENEURS WITH CONSUMER RIGHTS
Place and date: …………………………….
Name and surname/ Company name: …………………………….
Company address: …………………………………………………….
Tax ID: ……………………………
E-mail (if available): …………………………….
Phone number (if available):…………………………….
Order number: …………………………….
Date of order receipt: …………………………….
Service Provider:
PRO R3 Organizacja Odzysku Opakowań S.A.
Address: ul. Nowy Świat 1/10 00-496 Warszawa,
National Court Register: KRS 0001107457,
Tax ID: 7011206890,
National Business Registry No.: 528719685
Phone number: +48 739 941 231
E-mail: biuro@pro.r3.org.pl
Declaration of withdrawal from an Agreement
concluded at a Distance or Outside Business Premises
(for an Entrepreneur with consumer rights)
I hereby declare that I withdraw from Agreement No. …………………………………….. concluded on ………………………………………… concerning the following Services:
…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..
Please refund the amount of PLN ………………
(in words: ………………………………………………………złotych)
Refund to be made:
- by postal order to the following address: ………………………………………………………………………………….…. [complete if applicable]
- to the following bank account number:………………………………………………. [complete if applicable]
At the same time, I declare that the purchased Service(s) and, consequently, the agreement concluded are directly related to my business activity but are not of a professional nature, as defined in particular by the scope of my business activity listed in the Central Register and Information on Economic Activity (CEIDG).
As evidence of this, I provide below the Polish Classification of Economic Activities (PKD) codes associated with my registered business activity in the CEIDG:
- PKD NO. …………………………… Description: ………………………………………………
- PKD NO. …………………………… Description: ………………………………………………
- PKD NO. …………………………… Description: ………………………………………………
- PKD NO. …………………………… Description: ………………………………………………
- PKD NO. …………………………… Description: ………………………………………………
- PKD NO. …………………………… Description: ………………………………………………
- PKD NO. …………………………… Description: ………………………………………………
Other proof: ………………………………………………………………………………………..
Date: _____________________ Signature: _____________
Instruction on the Effects of Withdrawal from the Agreement
Should you withdraw from this Agreement, we shall reimburse all payments received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from the Agreement.
The reimbursement shall be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any case, you shall not incur any fees as a result of the reimbursement.