Terms of Service

Working draft — requires legal review before production use.

§1 General provisions and definitions

These Terms of Service set out the rules for the provision of services by electronic means through the website available at enetiv.com, in particular the type and scope of services, the technical conditions for their provision, the rules for setting up and using a customer account, submitting requests for quotation, and the complaint handling procedure.

The Terms of Service are made available free of charge in a manner that allows them to be obtained, reproduced, recorded, and printed. They constitute terms of service for the provision of services by electronic means within the meaning of the Act of 18 July 2002 on the provision of services by electronic means.

The terms used in these Terms of Service shall mean:

Service Provider — ENETIV Grzegorz Janowiak, conducting sole proprietorship business activity, specified in detail in §2;
Website — the website operated by the Service Provider at enetiv.com together with its subpages;
User — a natural person, legal person, or organisational unit without legal personality using the Website;
Customer — a User who has registered an account on the Website or submitted a request for quotation;
Account — a set of resources and settings assigned to the Customer on the Website, enabling the submission of requests for quotation and the tracking of repair status;
Electronic Service — a service provided by electronic means by the Service Provider to the User through the Website;
Request for quotation — an inquiry directed by the User to the Service Provider through the Website, concerning the servicing, repair, or reconditioning of industrial automation, or the supply of spare parts;
Terms of Service — these terms of service for the provision of services by electronic means.

§2 Service Provider and contact details

The Service Provider and administrator of the Website is:

ENETIV Grzegorz Janowiak — a sole proprietorship entered in the Central Register and Information on Economic Activity (CEIDG);
Address: ul. Żeromskiego 6, 34-300 Żywiec, Poland;
Tax ID (NIP): 6462133299;
E-mail address: box@enetiv.com;
Telephone: +48 532 885 000.

Contact with the Service Provider on matters related to the operation of the Website and the Electronic Services provided is possible via the above e-mail address, by telephone, or by correspondence to the indicated address.

§3 Type and scope of services provided by electronic means

The Service Provider operates in the field of servicing, repair, and reconditioning of industrial automation, as well as the sale and sourcing of spare parts. The Website presents the Service Provider's offer and enables contact and the submission of requests for quotation.

Through the Website, the Service Provider provides the following Electronic Services:

Browsing the Website's content — access to information about the offer, scope of services, spare parts, and informational materials;
Request for quotation form — enabling the submission of an inquiry concerning the servicing, repair, or reconditioning of industrial automation, or the supply of spare parts;
Customer account — enabling the submission of requests for quotation and the tracking of the status of commissioned repairs;
Electronic correspondence — the exchange of messages with the Service Provider in connection with a submitted inquiry or a service being carried out.

Electronic Services are provided free of charge. The provision of servicing, repair, reconditioning, and spare parts supply services takes place on the basis of separate arrangements (agreements) concluded outside the scope of the Electronic Services, on terms agreed individually with the Customer.

§4 Technical conditions and rules of use / customer account

For the proper use of the Website, the following technical requirements must be met:

a device with access to the Internet;
a current version of a web browser with JavaScript and cookies enabled;
an active e-mail account — in respect of the use of the request for quotation form and the customer account.

Use of the Website involves the typical risks associated with the transmission of data over the Internet. The Service Provider takes technical and organisational measures to reduce the risk related to the security of data transmission.

Customer account

Setting up an Account is voluntary and free of charge. Registration takes place by completing the registration form and accepting the Terms of Service. The Customer is obliged to provide true, complete, and current data.

The Customer is obliged to keep the Account access credentials confidential and not to make them available to unauthorised persons. The Customer bears responsibility for actions taken using their Account.

The Customer may at any time terminate the agreement for the provision of the Account maintenance Service and request its deletion by contacting the Service Provider. The deletion of the Account remains without effect on obligations arising under separate agreements concluded before its deletion.

Rules of use

The User is obliged to use the Website in accordance with the law, the Terms of Service, and good practice. It is prohibited to:

provide content of an unlawful nature;
take actions that disrupt the operation of the Website or compromise its security;
use the Website in a manner that is burdensome to the Service Provider or other Users.

§5 Submitting requests for quotation and concluding agreements

The information presented on the Website, including information concerning the offer and spare parts, is of an informational nature and does not constitute an offer within the meaning of the Civil Code, but rather an invitation to conclude an agreement (to submit a request for quotation).

The User may submit a Request for quotation via the form available on the Website or through the Account. In the inquiry, the User indicates the scope of the expected service or supply, as well as the data necessary for its valuation and for contact.

Submitting a Request for quotation does not oblige the User to conclude an agreement, nor does it in itself constitute the conclusion of an agreement. In response to a Request for quotation, the Service Provider contacts the User, presenting the terms of performance, the valuation, and the timeframe.

An agreement concerning the servicing, repair, reconditioning, or supply of spare parts is concluded at the moment the parties accept the terms of its performance, in the manner and under the rules agreed individually. Detailed conditions for the performance of servicing, repair, and supply services may be set out in separate documents.

§6 Liability

The Service Provider provides the Electronic Services with due diligence and makes efforts to ensure that the Website is available on a continuous basis. The Service Provider reserves the right to temporary interruptions in the operation of the Website resulting from technical reasons, maintenance, or modernisation work.

The Service Provider shall not be liable for:

interruptions or disruptions in access to the Website resulting from reasons beyond the Service Provider's control, including force majeure, failure of the Internet network, or of the User's equipment;
the consequences of using the Website in a manner inconsistent with the Terms of Service or the provisions of law;
the consequences of the Customer making the Account access credentials available to unauthorised persons.

The limitations of liability do not exclude or limit the rights of consumers arising from mandatorily applicable provisions of law. The Service Provider's liability under agreements concluded in respect of servicing, repair, and spare parts supply services is governed by separate arrangements and by generally applicable provisions of law.

§7 Complaints concerning electronic services

The User has the right to submit a complaint concerning the operation of the Website and the Electronic Services provided.

A complaint should be directed to the e-mail address box@enetiv.com or by correspondence to the Service Provider's address indicated in §2. The complaint should contain at least: identification of the User enabling contact, and a description of the objections.

The Service Provider examines the complaint without undue delay, no later than within 14 days of its receipt, and informs the User of the manner of its resolution at the provided e-mail or correspondence address. In the event of deficiencies preventing the examination of the complaint, the Service Provider may request their supplementation.

Complaints concerning servicing, repair, reconditioning, and spare parts supply services are examined under the rules set out in separate arrangements and in the generally applicable provisions of law.

§8 Personal data

The controller of Users' personal data is the Service Provider — ENETIV Grzegorz Janowiak, with the details indicated in §2.

Personal data is processed in accordance with applicable provisions, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR), for the purpose of providing the Electronic Services, maintaining the Account, handling requests for quotation, and performing agreements.

Detailed information regarding the scope, purposes, legal bases, and period of processing of personal data, as well as the rights of the data subjects, can be found in the Privacy Policy available on the Website.

§9 Final provisions

The Service Provider reserves the right to amend the Terms of Service for important reasons, in particular in the event of a change in the provisions of law, the scope of the Electronic Services provided, or the technical conditions of the Website. Users holding an Account will be informed of any amendment to the Terms of Service via e-mail or a notice on the Website, with appropriate advance notice.

Amendments to the Terms of Service take effect on the date indicated upon their announcement. Agreements concluded before the amendments take effect are governed by the existing provisions, unless mandatorily applicable provisions of law provide otherwise.

In matters not regulated by the Terms of Service, the provisions of Polish law shall apply, in particular the Civil Code, the Act on the provision of services by electronic means, and — with respect to consumers — the Act on consumer rights.

The law applicable to the Terms of Service and to agreements concluded through the Website is Polish law. Any disputes shall be resolved by the court having local and subject-matter jurisdiction in accordance with the provisions of Polish law; disputes with consumers shall be resolved by the court having jurisdiction in accordance with the rules of general jurisdiction. A consumer may make use of out-of-court methods of handling complaints and pursuing claims, including the ODR platform.

The Terms of Service take effect on the date of their publication on the Website.