§ 1 Introductory provisions

1. The pancerx.com online shop, available at the internet address https://pancerx.com, is operated by PKB Spółka z ograniczoną odpowiedzialnością Spółka komandytowa (a Polish limited liability company operating as a limited partnership), entered in the Krajowy Rejestr Sądowy (the Polish National Court Register), XII Wydział Gospodarczy dla m.st. Warszawy, under number 0000598100, NIP 5213719887, REGON 363567197.
2. These Terms and Conditions are addressed both to Consumers and to Entrepreneurs using the Shop and set out the rules for using the online Shop as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance through the Shop.

§ 2 Definitions

1. Consumer - a natural person concluding an agreement with the Seller within the Shop, the subject matter of which is not directly connected with that person's business or professional activity.
2. Seller - a legal person, PKB Spółka z ograniczoną odpowiedzialnością Spółka komandytowa, entered in the Krajowy Rejestr Sądowy, XII Wydział Gospodarczy dla m.st. Warszawy, under number 0000598100.
3. Customer - any entity making purchases through the Shop.
4. Entrepreneur - a natural person, a legal person and an organisational unit which is not a legal person but to which a separate statute grants legal capacity, carrying out business activity in its own name, which uses the Shop.
5. Shop - the online shop operated by the Seller at the internet address pancerx.com
6. Agreement concluded at a distance - an agreement concluded with the Customer within an organised system of concluding agreements at a distance (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment the agreement is concluded.
7. Terms and Conditions - these Terms and Conditions of the Shop.
8. Order - a declaration of will of the Customer submitted by means of the Order form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
9. Account - the customer account in the Shop, in which the data provided by the Customer and information about the Orders placed by the Customer in the Shop are collected.
10. Registration form - a form available in the Shop, enabling an Account to be created.
11. Order form - an interactive form available in the Shop enabling an Order to be placed, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. Basket - an element of the Shop software in which the Products selected for purchase by the Customer are displayed, and in which it is also possible to set and modify the Order details, in particular the quantity of products.
13. Product - a movable item/service available in the Shop which is the subject matter of the Sales Agreement between the Customer and the Seller.
14. Sales Agreement - an agreement for the sale of a Product being concluded or concluded between the Customer and the Seller through the online Shop. Sales Agreement also means - depending on the characteristics of the Product - a contract for the provision of services and a contract for a specific work.

§ 3 Contact with the Shop

1. Address of the Seller: PKB Spółka z ograniczoną odpowiedzialnością Spółka komandytowa, ul. Solec 18, lok. B21, 00-410 Warszawa
2. E-mail address of the Seller: info@pancerx.com
3. Telephone number of the Seller: +48 668 807 303
4. Bank account number (mBank) of the Seller: 56 1140 2004 0000 3802 7714 4938
5. The Customer may communicate with the Seller using the addresses and telephone numbers given in this paragraph.
6. The Customer may communicate with the Seller by telephone between 10.00 - 17.00

§ 4 Technical requirements

In order to use the Shop, including browsing the Shop's range and placing orders for Products, the following are necessary:
a. an end device with access to the Internet and any internet browser of the type,
b. cookie files support enabled,,

§ 5 General information

1. To the fullest extent permitted by law, the Seller shall not be liable for disruptions, including interruptions, in the functioning of the Shop caused by force majeure, unlawful acts of third parties or incompatibility of the online Shop with the Customer's technical infrastructure.
2. Browsing the Shop's range does not require an Account to be created. Placing orders by the Customer for Products included in the Shop's range is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
3. The prices given in the Shop are gross prices (they include VAT). The currency depends on the selected country of delivery: for Poland it is Polish zloty (PLN), for the other countries served it is euro (EUR). The currency applicable to a given Order is visible throughout the whole process of placing it and in the summary.
4. The final (total) amount payable by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), of which the Customer is informed on the Shop's pages while placing the Order, including at the moment of expressing the will to be bound by the Sales Agreement.
5. In the case of an Agreement covering a subscription or the provision of services for an indefinite period, the final (total) price is the aggregate price covering all payments for the billing period.
6. Where the nature of the subject matter of the Agreement does not allow, on a reasonable assessment, the amount of the final (total) price to be calculated in advance, information on the manner in which the price will be calculated, as well as on charges for transport, delivery, postal services and on other costs, will be given in the Shop in the description of the Product.

§ 6 Rules for placing an Order

In order to place an Order, it is necessary to:

1. log in to the Shop (optional);
2. select the Product which is the subject matter of the Order and then click the “Add to basket” button (or an equivalent one);
3. log in or use the option of placing an Order without registration;
4. if the option of placing an Order without registration has been selected - complete the Order form by entering the details of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice details if they are different from the details of the recipient of the Order,
5. click the “Order and pay” button/click the “Order and pay” button and confirm the order by clicking the link sent in an e-mail message,
6. select one of the available payment methods and, depending on the payment method, pay for the order within the specified time limit, subject to § 8 point 3.

§ 7 Delivery and payment methods offered

1. The Customer may use the following methods of delivery or collection of the ordered Product:
   a. Courier shipment,
2. The Customer may use the following payment methods:
   a. Payment by bank transfer to the Seller's account.
   b. Electronic payments
3. Detailed information on delivery methods and acceptable payment methods can be found on the Shop's pages.

§ 8 Performance of the sales agreement

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order by means of the Order form in the online Shop in accordance with § 7 of the Terms and Conditions.
2. After the Order has been placed, the Seller shall immediately confirm its receipt and at the same time accept the Order for fulfilment. Confirmation of receipt of the Order and its acceptance for fulfilment takes place by the Seller sending the Customer an appropriate e-mail message to the Customer's e-mail address provided while placing the Order, which contains at least the Seller's declarations of receipt of the Order and of its acceptance for fulfilment as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail message by the Customer, the Sales Agreement is concluded between the Customer and the Seller.
3. Where the Customer selects:
   a. payment by bank transfer, electronic payments or payment by payment card, the Customer is obliged to make the payment within 1 calendar day from the date of conclusion of the Sales Agreement - otherwise the order will be cancelled.
4. The Product will be dispatched by the Seller within the time limit indicated in its description (subject to subsection 5 of this paragraph), by the method selected by the Customer while placing the Order.
   B In the case of ordering Products with different delivery times, the Customer has the option of requesting delivery of the Products in parts or delivery of all the Products once the whole order has been completed.
5. The start of the period for delivery of the Product to the Customer is calculated as follows:
   a. Where the Customer selects payment by bank transfer, electronic payments or payment card as the payment method - from the date on which the Seller's bank account is credited.
6. Where the Customer selects personal collection of the Product, the Product will be ready for collection by the Customer within the time limit indicated in the description of the Product. The Customer will additionally be informed by the Seller that the Product is ready for collection by an appropriate e-mail message being sent to the Customer's e-mail address provided while placing the Order.
7. Delivery of the Product takes place within the territory of Poland and to the countries indicated on the Delivery and payments page. The list of countries and the delivery costs may change; the list and price list visible in the Shop at the moment the Order is placed shall apply.
8. Delivery of the Product to the Customer is subject to a charge, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including charges for transport, delivery and postal services) are indicated to the Customer on the pages of the online Shop in the “Delivery costs” tab and while placing the Order, including at the moment the Customer expresses the will to be bound by the Sales Agreement.
9. Personal collection of the Product by the Customer is free of charge.

§ 9 Right of withdrawal from the agreement

1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period specified in subsection 1 begins to run from the delivery of the Product to the Consumer or to a person indicated by the Consumer other than the carrier.
3. In the case of an Agreement covering many Products which are delivered separately, in batches or in parts, the period indicated in subsection 1 runs from the delivery of the last item, batch or part.
4. In the case of an Agreement consisting in the regular delivery of Products for a fixed period (subscription), the period indicated in subsection 1 runs from taking possession of the first of the items.
5. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. In order to meet the withdrawal deadline, it is sufficient for the Consumer to send the declaration before that deadline expires.
6. The declaration may be sent by traditional post or electronically, by sending the declaration to the Seller's e-mail address or by submitting the declaration on the Seller's website - the Seller's contact details are specified in § 3. The declaration may also be submitted on a form, the template of which constitutes annex no. 1 to these Terms and Conditions and an annex to the ustawa z dnia 30 maja 2014 roku o prawach konsumenta (the Polish Consumer Rights Act of 30 May 2014), however this is not obligatory.
7. Where the declaration is sent by the Consumer electronically, the Seller shall immediately send the Consumer, to the e-mail address provided by the Consumer, a confirmation of receipt of the declaration of withdrawal from the Agreement.
8. Effects of withdrawal from the Agreement:
   a. In the case of withdrawal from an Agreement concluded at a distance, the Agreement is deemed not to have been concluded.
   b. In the case of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, and no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivery of the item, with the exception of additional costs resulting from the method of delivery selected by the Consumer other than the cheapest ordinary method of delivery offered by the Seller.
   c. The Seller shall make the refund using the same payment methods as were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution which will not involve any costs for the Consumer.
   d. The Seller may withhold the refund until the Product has been received back or until proof of its return has been delivered to the Seller, whichever event occurs first.
   e. The Consumer should send the Product back to the Seller's address given in these Terms and Conditions immediately, and no later than 14 days from the date on which the Consumer informed the Seller of the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back before the period of 14 days expires.
   f. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, that Product could not be sent back by post in the ordinary manner.
   g. The Consumer is liable only for any diminished value of the Product resulting from using it in a manner other than what was necessary to establish the nature, characteristics and functioning of the Product.
9. Where, due to the nature of the Product, it cannot be sent back by post in the ordinary manner, information about this, as well as about the costs of returning the Product, will be included in the description of the Product in the Shop.
10. The right to withdraw from an agreement concluded at a distance does not apply to the Consumer in relation to an Agreement:
    a. in which the subject matter of the performance is a non-prefabricated item, manufactured to the Consumer's specification or serving to satisfy the Consumer's individualised needs,
    b. in which the subject matter of the performance is an item delivered in sealed packaging which cannot be returned after the packaging has been opened for health protection or hygiene reasons, if the packaging was opened after delivery,
    c. in which the subject matter of the performance is an item liable to deteriorate rapidly or having a short shelf life,
    d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the performance began that after the performance has been rendered by the Seller the Consumer will lose the right to withdraw from the Agreement,
    e. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline for withdrawal from the Agreement expires,
    f. in which the subject matter of the performance are items which, after delivery, due to their nature, become inseparably combined with other items,
    g. in which the subject matter of the performance are alcoholic beverages, the price of which was agreed upon conclusion of the sales agreement, and the delivery of which may take place only after 30 days have elapsed and the value of which depends on fluctuations in the market over which the Seller has no control,
    h. in which the subject matter of the performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery,
    i. for the supply of newspapers, periodicals or magazines, with the exception of a subscription agreement,
    j. for the supply of digital content which is not saved on a tangible medium, if the performance began with the express consent of the Consumer before the deadline for withdrawal from the agreement expired and after the Seller informed the Consumer of the loss of the right to withdraw from the Agreement,

§ 10 Complaint and guarantee

Version for shops selling new products

1. The Sales Agreement covers new Products.
2. The Seller is obliged to deliver to the Customer an item free from defects.
3. In the event of a defect in goods purchased from the Seller, the Customer has the right to make a complaint on the basis of the provisions on statutory warranty for defects (rękojmia) in the Kodeks cywilny (the Polish Civil Code).
4. A complaint should be submitted in writing or electronically to the Seller's addresses given in these Terms and Conditions.
5. It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer's request in connection with the defect in the goods.
6. The Seller shall respond to the complaint request immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, the Seller is deemed to have acknowledged the Customer's request as justified
7. Goods returned under the complaint procedure should be sent to the address: PKB Spółka z ograniczoną odpowiedzialnością Spółka komandytowa, ul. Solec 18, lok B21, 00-410 Warszawa.

§ 11 Out-of-court methods of handling complaints and pursuing claims

1. Detailed information on the possibility for the Consumer to use out-of-court methods of handling complaints and pursuing claims, as well as the rules of access to those procedures, are available at the offices and on the websites of powiatowi (miejscy) rzecznicy konsumentów (district and municipal consumer ombudsmen), social organisations whose statutory tasks include consumer protection, Wojewódzkie Inspektoraty Inspekcji Handlowej (Voivodeship Inspectorates of the Trade Inspection Authority) and at the following internet addresses of the Urząd Ochrony Konkurencji i Konsumentów (the Polish Office of Competition and Consumer Protection): http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The Consumer has the following example possibilities of using out-of-court methods of handling complaints and pursuing claims:
   a. The Consumer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the ustawa z dnia 15 grudnia 2000 r. o Inspekcji Handlowej (the Polish Trade Inspection Act of 15 December 2000) (Dz.U. z 2014 r. poz. 148 z późn. zm.), with a request to settle a dispute arising from an Agreement concluded with the Seller.
   b. The Consumer is entitled to apply to the wojewódzki inspektor Inspekcji Handlowej (the Voivodeship Inspector of the Trade Inspection Authority), in accordance with art. 36 of the ustawa z dnia 15 grudnia 2000 r. o Inspekcji Handlowej (the Polish Trade Inspection Act of 15 December 2000) (Dz.U. z 2014 r. poz. 148 z późn. zm.), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
   c. The Consumer may obtain free assistance in settling a dispute between the Consumer and the Seller, also by using the free assistance of a powiatowy (miejski) rzecznik konsumentów (district or municipal consumer ombudsman) or of a social organisation whose statutory tasks include consumer protection (among others Federacja Konsumentów, Stowarzyszenie Konsumentów Polskich).

§ 12 Protection of personal data - Privacy Policy

1. The controller of the personal data of Customers collected through the pancerx.com online Shop is PKB Spółka z ograniczoną odpowiedzialnością Spółka komandytowa, entered in the Krajowy Rejestr Sądowy, XII Wydział Gospodarczy dla m.st. Warszawy, under number 0000598100, NIP 5213719887, REGON 363567197.
2. Personal data is processed by the Controller on the basis of 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 (GDPR), for the following purposes:
   - fulfilment of orders in the pancerx.com shop, including, among other things, providing information about the status of an order, and for the purpose of handling complaints (providing the data is voluntary, but necessary for the above purpose to be achieved).
3. The Controller takes particular care to protect the privacy and the information provided to the Controller concerning Customers of the online Shop. The Controller selects and applies with due diligence appropriate technical measures, including measures of a programming and organisational nature, ensuring the protection of the data processed, in particular securing the data against being made available to unauthorised persons, disclosure, loss and destruction, unauthorised modification, as well as against being processed in breach of the applicable provisions of law.
4. Personal data may be disclosed to entities cooperating with the Shop on the basis of commissioned services and in accordance with the data processing agreements concluded, as well as to entities authorised on the basis of provisions of law, being entities necessary for the fulfilment of the order, that is for payment of the order and dispatch of the purchased goods. Personal data will be processed until consent to its further processing is withdrawn. Every person has the right of access to the content of their data, the right to rectify it, to erase it - the right to be forgotten, to restrict processing, the right to data portability, the right to object, including the right to withdraw consent at any time without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal. For these purposes, the Controller should be contacted in writing at the address of its registered office or by e-mail at info@pancerx.com The data subject has the right to lodge a complaint with the Prezes Urzędu Ochrony Danych Osobowych (the President of the Polish Personal Data Protection Office) if they consider that the processing of their personal data infringes the provisions of the GDPR.
5. The purpose of this Privacy Policy is to specify the actions taken by the Controller in the area of protection of personal data collected through the pancerx.com website
6. Making a purchase in the pancerx.com shop is possible only after becoming acquainted with the provisions of these Terms and Conditions, which contain the Privacy Policy.
7. The recipients of the personal data of Customers of the online Shop may be:
   a. In the case of a Customer who uses the method of delivery by postal shipment or courier shipment in the online Shop, the Controller makes the collected personal data of the Customer available to the selected carrier or intermediary carrying out shipments on the Controller's instructions.
   b. In the case of a Customer who uses the method of electronic payments or payment by payment card in the online Shop, the Controller makes the collected personal data of the Customer available to the selected entity handling the above payments in the online Shop.
8. Providing personal data is voluntary, however failure to provide the personal data indicated in the Terms and Conditions which is necessary for the conclusion of the Sales Agreement results in it being impossible to conclude that agreement.

§ 13 Final provisions

1. Agreements concluded through the online Shop are concluded in the Polish language.
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in the provisions of law, changes in the methods of payment and delivery - to the extent to which those changes affect the performance of the provisions of these Terms and Conditions. The Seller shall inform the Customer of each change at least 7 days in advance.
3. In matters not governed by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: Kodeks cywilny (the Polish Civil Code); ustawa o świadczeniu usług drogą elektroniczną (the Polish Act on Providing Services by Electronic Means); ustawa o prawach konsumenta (the Polish Consumer Rights Act), ustawa o ochronie danych osobowych (the Polish Personal Data Protection Act).
4. The Customer has the right to use out-of-court methods of handling complaints and pursuing claims. For this purpose, the Customer may lodge a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.