Regulations

§ 2. Preliminary provisions

1. The Online Store available at www.esus-it.com is operated by ESUS IT sp. z o.o. with its registered office in Szczecin, ul. Somosierry 30A, 71-181 Szczecin, Poland, entered into the register of entrepreneurs of the National Court Register under KRS number: 0001012470, NIP: 8522690002, REGON: 524134686, share capital: PLN 5,000.
2. The Terms and Conditions set out the rules for using the Online Store, accepting and fulfilling Orders, the rules and forms of payment, the rules for withdrawal from the agreement, and the rules for filing and handling complaints.
3. The Customer is obliged to read the content of the Terms and Conditions and to comply with its provisions.
4. The Customer may contact the Seller through:
1. e-mail message at: sales@esus-it.com,
2. telephone contact at the following numbers: +48 530 453 637, +48 692 874 210, +48 507 472 637,
3. written correspondence, to the Seller's address, i.e. ESUS IT sp. z o. o., ul. Somosierry 30A, 71-181 Szczecin, Poland.
5. The Customer bears the costs of using means of distance communication referred to in sec. 4 above. Such charges are calculated according to the rates of the telecommunications operator whose services are used.

§ 3. Use of the Online Store and provision of Services

1. Within the Online Store, the Customer may make use of the following Services:
1. Account,
2. Order Form,
3. Newsletter,
4. Availability Notification.
2. Using the Account Service requires the Customer to complete the Registration Form available in the Online Store by providing data, including Personal Data covering:
1. in the case of a Customer who is a natural person: first name, surname, street and number, postal code, city, telephone number, e-mail address, country, login, password;
2. in the case of a Customer who is a natural person conducting business activity, or a Customer who is not a natural person: company name, tax identification number, first name, surname, street and number, postal code, city, telephone number, e-mail address, country, login, password.
3. The Account Service is provided free of charge for an indefinite period. The Customer may terminate the Service at any time, without giving a reason, by contacting the Seller in the manner specified in § 2 sec. 4.
4. The Seller undertakes to provide the Customer with the Account Service immediately after activation, consisting in confirming the creation of the Account by clicking on a link sent to the e-mail address indicated in the Registration Form. The Seller undertakes to provide the Customer with the Account Service on a continuous basis, except for periodic unavailability of the Account Service, of which the Seller will inform the Customer via the Account or a dedicated e-mail message.
5. After gaining access to the Account, the Customer may in particular use the following functions:
1. viewing and changing data,
2. changing the password,
3. adding a return or complaint,
4. tracking the progress of Order fulfillment.
6. Using the Order Form Service in order to place an Order is possible after adding the first Product to the electronic cart. In order to place an Order, it is necessary to provide the Customer's data and data concerning the Sales Agreement, including the Product or Products, their quantity, place and method of delivery, and method of payment. The Order is placed upon clicking the Order with an obligation to pay button.
7. In the case of a Customer not using an Account, in order to place an Order using the Order Form it is necessary to provide the data, including Personal Data, referred to in sec. 2 above.
8. The Order Form Service is provided free of charge, is one-off in nature, and ends upon placing the Order or upon the Customer interrupting the process of placing the Order.
9. Using the Newsletter Service is possible after completing the Newsletter Form, clicking the Subscribe button, and confirming the wish to subscribe to the Newsletter by clicking on the confirmation link sent to the e-mail address provided in the Newsletter Form. Using the Newsletter Service is also possible by selecting the relevant option in the Personal Data panel after logging into the Account.
10. The Newsletter Service is provided free of charge for an indefinite period. The Customer may terminate the Service at any time, without giving a reason, by sending an appropriate request to the Seller, in particular by using the Unsubscribe link available in each Newsletter, or by contacting the Seller in the manner specified in § 2 sec. 4.
11. The Seller undertakes to provide the Newsletter Service immediately after activation in the manner specified in sec. 9 above. The Newsletter Service is provided on a periodic basis. The Seller does not guarantee the regularity of the Newsletter Service.
12. In order to use the Services, the Customer must have a computer or other device with access to the Internet and a web browser, as well as an active e-mail account.
13. In order to use the Services, it is necessary to have:
1. a computer or other device referred to in sec. 10 above, which must meet the requirements enabling the browser referred to in item b) below to run,
2. a web browser referred to in sec. 10 above, which must support HTML5, CSS3 and JavaScript technology and meet the following software version requirements:
1. Internet Explorer version 7.0 or newer;
2. Microsoft Edge version 97 or newer;
3. Mozilla Firefox version 11.0 or newer;
4. Google Chrome version 19.0 or newer;
5. Opera version 9.0 or newer.
14. The Customer undertakes not to engage, while using the Online Store, in activities that violate applicable law, principles of social coexistence and public order, and established customs. In particular, it is prohibited to:
1. engage in any action causing disruption in the use of services provided electronically, including distributing unwanted (spam) or harmful (viruses, etc.) content by the Customer;
2. provide content of an unlawful nature or in an unlawful manner by the Customer,
3. infringe the rights of third parties or of the Seller.
15. Any complaints regarding the functioning of the Online Store and the Digital Services may be submitted by the Customer using the means of communication specified in § 2 sec. 4 of the Terms and Conditions. The rules for filing complaints regarding a Product are set out in § 8 of the Terms and Conditions.
16. In order to facilitate and speed up the handling of a complaint, it is recommended to include in the description of the complaint:
1. information regarding the subject of the complaint, such as the type of Service, the time of occurrence and the type of irregularity,
2. the Customer's request,
3. the contact details of the person filing the complaint,
17. Failure to provide the information referred to in sec. 16 above does not affect the effectiveness of a complaint filed without such information.
18. The Seller is obliged to handle any complaints filed by the Customer promptly, within no more than 14 days.

§ 4. Sales Agreement

1. The price of a Product shown on the Online Store website is given in Polish zloty (PLN). The price of the Product includes taxes. The Customer is informed of the total price, including taxes, of the Product being the subject of the Order, as well as of the delivery costs (including charges for delivery and postal services) and other costs, and, where the amount of such charges cannot be determined, of the obligation to pay them, during the process of placing the Order in the Order Form, including at the moment the Customer expresses the intention to be bound by the Sales Agreement.
2. Used, refurbished or post-lease Products may show signs of use that do not affect their functionality, in particular minor scratches, discoloration, assembly marks, or warehouse or service markings.
3. The Customer places the Order at the moment of clicking the Order with an obligation to pay button in the Order Form.
4. After the Customer places the Order, the Seller verifies the possibility of its fulfillment, in particular the availability of the Product. The Seller reserves that information presented in the Online Store, in particular prices, Product availability, technical descriptions or Product parameters, may exceptionally contain obvious errors or technical mistakes. An obvious error shall be deemed to include, in particular, a price grossly deviating from the market value of a product, resulting from human, technical, system, integration error, or an error of a data provider. If an obvious error is identified before the Sales Agreement is concluded, the Seller will inform the Customer of the error and may refuse to fulfill the Order on the terms resulting from the obvious error. This provision does not infringe the rights of the Consumer resulting from generally applicable law.
5. The Customer may cancel or change the Order until the Sales Agreement is concluded.
6. Where fulfillment of part or all of an Order is not possible, the Seller shall promptly inform the Customer electronically of the cancellation of the Order in whole or in the part in which fulfillment of the Order is not possible.
7. Within 3 Business Days of receiving an e-mail message from the Seller about the partial cancellation of the Order, the Customer may confirm to the Seller electronically their consent to the fulfillment of the remaining (non-cancelled) part of the Order. Failure to confirm the fulfillment of the remaining part of the Order within the period referred to in the preceding sentence shall be treated as cancellation of the Order in its entirety.
8. After the Order is placed and the possibility of its fulfillment is verified, the Seller confirms its receipt and commencement of its fulfillment.
9. Confirmation of receipt of the Order and commencement of its fulfillment takes place by sending, to the e-mail address indicated by the Customer, an e-mail message containing the Seller's statement on receipt of the Order, information about the conclusion of the Sales Agreement, and links to the content of the Terms and Conditions and the Privacy Policy.
10. Upon the Customer's receipt of the e-mail message referred to in sec. 8 above, a Sales Agreement is concluded between the Customer and the Seller.

§ 5. Delivery

1. Delivery of the Product is possible within the territory of the Republic of Poland and to selected countries indicated on a case-by-case basis in the Order Form or in the delivery information available in the Online Store. The availability of delivery to a given country may depend on the type of Product, the selected delivery method, carrier restrictions, applicable law, and export or sanctions restrictions.
2. Delivery of the Product takes place in the manner indicated by the Customer from among those offered by the Seller:
1. courier delivery,
2. delivery to a parcel locker (within Poland only),
3. personal collection at the Physical Store.
3. Delivery of the Product is subject to a fee. The Customer is informed of the delivery costs (including charges for delivery and postal services) during the process of placing the Order in the Order Form, including at the moment the Customer expresses the intention to be bound by the Sales Agreement. Information about delivery costs is also available at https://www.esus-it.com/Shipping-and-payment-methods-ccms-eng-78.html.
4. Personal collection of the Product is possible at the Physical Store on the days and during the opening hours indicated on the Online Store website.
5. The delivery time of an Order is between 1 and 14 Business Days for domestic shipments, and between 2 and 21 Business Days for international shipments.
6. The delivery time of an Order begins to run:
1. in the case of payment before shipment – from the date the Seller's bank account is credited,
2. in the case of payment on collection – from the date the Sales Agreement is concluded.
7. If the Order received is incomplete or damaged, the Customer may file a complaint with the carrier:
1. in the case of courier delivery: by signing the waybill and necessarily adding the annotation "Accepted with reservations". In such case, the Customer should request that the courier draw up a damage report and obtain one copy of the completed report,
2. in the case of delivery to a parcel locker: the appropriate option should be selected on the parcel locker screen, and the instructions followed. The parcel locker should indicate a compartment for returning the damaged parcel. If the damage is noticed after collecting the shipment, the Customer should, within 7 days of collecting the shipment, visit the nearest InPost branch, where a damage report will be drawn up.
8. If an Order for several Products is placed, delivery may be split into several parcels; however, this will not affect the delivery cost.
9. Fulfillment of an Order may be subject to restrictions arising from applicable law, in particular customs, export, sanctions, or dual-use goods regulations. The Seller may refuse to fulfill an Order or suspend its fulfillment if fulfillment of the Order could violate such regulations or would require additional legal, customs, export or sanctions verification.

§ 6. Payments

1. The Seller accepts the following forms of payment for the Sales Agreement:
1. bank transfer (payment before shipment),
1. electronically via PayU, PayPal, BLIK, Tpay, Klarna (payment before shipment), imoje, IdoPay, Google Pay, Apple Pay,
2. installments (payment before shipment),
3. Visa or MasterCard payment card (payment before shipment or payment on collection),
4. cash (payment before shipment or payment on collection).
2. in the case of delivery to a parcel locker, the Customer may pay:
1. by bank transfer (payment before shipment),
2. electronically via PayU, PayPal, BLIK, Tpay, Klarna (payment before shipment), imoje, IdoPay, Google Pay, Apple Pay,
3. in installments (payment before shipment),
4. by Visa or MasterCard payment card (payment before shipment or payment on collection).
3. in the case of collection at the Physical Store, the Customer may pay:
1. by bank transfer (payment before collection),
2. electronically via PayU, PayPal, BLIK, Tpay, Klarna, imoje, IdoPay, Google Pay, Apple Pay (payment before collection),
3. in installments (payment before shipment),
4. by Visa or MasterCard payment card (payment before collection or payment on collection),
5. in cash (payment before collection or payment on collection).
2. In the case of payment by bank transfer, electronically, or by payment card, the Customer is obliged to make the payment within 3 Business Days of the date the Sales Agreement is concluded.
3. In the case of choosing payment on collection of the shipment, the Customer is obliged to make the payment upon collection of the shipment.

§ 7. Right of withdrawal from the agreement

1. Subject to sec. 12 below, the Consumer is entitled to withdraw from the agreement without giving a reason.
2. Withdrawal from the agreement takes place by submitting an appropriate statement, within 14 days from the date of:
1. the Consumer, or a third party other than the carrier indicated by the Consumer, taking possession of the Product, and, in the case of an agreement covering multiple Products delivered separately, in batches, or in parts – from taking possession of the last Product, batch, or part,
2. conclusion of the agreement – for other agreements.
3. In order to submit a statement of withdrawal from the agreement, the Consumer may submit such a statement, in particular:
1. in writing, to the Seller's address, i.e. ESUS IT sp. z o. o., ul. Somosierry 30A, 71-181 Szczecin, Poland,
2. using the form available at: https://www.esus-it.com/RMA-Form-cterms-eng-263.html,
3. by e-mail message sent to rma@esus-it.com,
4. using the withdrawal function available in the interface of the Online Store.
4. When submitting a statement of withdrawal from the agreement, the Consumer may use the withdrawal form constituting Appendix No. 1 to the Terms and Conditions.
5. A Consumer who has entered into a Sales Agreement via the online interface of the Online Store may also submit a statement of withdrawal from the agreement using the withdrawal function made available in the Online Store, clearly marked, in particular as "Withdraw from the agreement here" or an equivalent label. This function is easily accessible to the Consumer for the period during which the Consumer is entitled to withdraw from the agreement.
6. Within the withdrawal function, the Consumer may provide or confirm the data necessary to identify the agreement, in particular first name and surname, order number, or other data enabling identification of the Sales Agreement, as well as an e-mail address or other electronic means of contact enabling confirmation of receipt of the withdrawal statement to be sent.
7. After completing the data, the Consumer submits the statement of withdrawal from the agreement by using the confirmation function, clearly marked, in particular as "Confirm withdrawal from the agreement" or an equivalent label.
8. The Seller shall promptly send the Consumer confirmation of receipt of the withdrawal statement on a durable medium, in particular to the e-mail address indicated by the Consumer. The confirmation shall include at least the content of the statement submitted and the date and time of its submission.
9. A statement of withdrawal submitted using the withdrawal function shall be deemed submitted within the deadline if the Consumer used the confirmation function before the expiry of the withdrawal period. Making the withdrawal function available does not limit the Consumer's right to submit a statement of withdrawal in another manner provided for in the Terms and Conditions or by law.
10. The Seller shall promptly confirm receipt from the Consumer of a statement of withdrawal from the Sales Agreement;
11. No later than within 14 days of the date of receipt of the Consumer's statement of withdrawal from the agreement, the Seller shall reimburse the Consumer for the payments made by the Consumer, with the exception of additional costs resulting from the delivery method chosen by the Consumer other than the cheapest standard delivery method offered by the Seller. The Consumer shall bear only the direct costs of returning the Product.
12. The reimbursement shall be made using the same method of payment as used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different method of reimbursement that does not involve any costs for the Consumer.
13. If the Seller has not offered to collect the Product from the Consumer itself, it may withhold reimbursement of the payments received from the Consumer until it has received the Product back, or the Consumer has provided proof of sending it back, whichever event occurs first.
14. The Consumer is obliged to return the Product to the Seller, or to hand the Product over to a person authorized by the Seller to collect it, promptly, but no later than 14 days from the date on which the Consumer withdrew from the agreement, unless the Seller has offered to collect the Product itself. To meet the deadline, it is sufficient to send the item back before its expiry. The Consumer may return the Product to the following address: ESUS IT sp. z o. o. RMA Department, ul. Somosierry 30A, 71-181 Szczecin, Poland.
15. The Consumer is liable for any diminished value of the Product resulting from using it in a manner going beyond what is necessary to establish the nature, characteristics and functioning of the Product.
16. The right of withdrawal from an agreement concluded off-premises or at a distance shall not be available to the Consumer in relation to agreements:
1. 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 commencement of performance that, upon the Seller's performance, they would lose the right of withdrawal from the agreement, and acknowledged this,
2. 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 expiry of the withdrawal period,
3. in which the subject of performance is a Product not prefabricated, manufactured according to the Consumer's specifications, or intended to satisfy their individualized needs,
4. in which the subject of performance is a Product that deteriorates quickly or has a short shelf life,
5. in which the subject of performance is a Product delivered in sealed packaging which, once opened after delivery, cannot be returned for health or hygiene reasons,
6. in which the subject of performance are Products which, after delivery, by their nature, become inseparably mixed with other items,
7. in which the subject of 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, and the value of which depends on fluctuations in the market over which the entrepreneur has no control,
8. in which the Consumer expressly requested that the Seller visit them in order to carry out urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or delivers Products other than spare parts necessary to carry out the repair or maintenance, the right of withdrawal from the agreement shall be available to the consumer with respect to such additional services or Products,
9. in which the subject of performance are sound or visual recordings or computer programs supplied in sealed packaging, if the packaging has been opened after delivery,
10. for the supply of newspapers, periodicals or magazines, with the exception of a subscription agreement,
11. concluded through a public auction,
12. for the provision of accommodation services, other than for residential purposes, carriage of goods, car rental, catering, or services related to leisure, entertainment, sports, or cultural events, if the agreement specifies the day or period of the service,
13. for the supply of digital content not delivered on a tangible medium, if performance began with the consumer's express consent before the expiry of the withdrawal period, and after the entrepreneur informed the consumer of the loss of the right of withdrawal from the agreement,
14. for the provision of services for which the Consumer is obliged to pay the price, in cases where the Consumer has expressly requested that the Seller visit them in order to carry out a repair, and the service has already been fully performed with the express and prior consent of the Consumer.

§ 8. Liability for a Product's lack of conformity with the agreement

1. The Seller is liable to the Consumer for a Product's lack of conformity with the Sales Agreement.
2. The Seller undertakes to deliver to the Consumer a Product conforming with the Sales Agreement.
3. The Consumer may file a complaint if the Product is not in conformity with the concluded Sales Agreement.
4. In order to have a complaint regarding a Product processed, the Consumer shall submit a complaint in the manner of their choice:
1. in writing, to the Seller's address, i.e. ESUS IT sp. z o. o., ul. Somosierry 30A, 71-181 Szczecin, Poland,
2. using the form available at: https://www.esus-it.com/RMA-Form-cterms-eng-263.html,
3. by e-mail message sent to rma@esus-it.com,
4. in person at the Physical Store.
5. In order to facilitate and speed up the handling of the complaint, it is recommended to include in the description of the complaint:
1. identification of the Product to which the notification relates,
2. description of the Product's non-conformity with the Sales Agreement,
3. the date the non-conformity of the Product with the Sales Agreement was discovered,
4. an indication of what the Consumer is demanding,
5. the sales document number or order number.
6. Failure to provide the information referred to in sec. 5 above does not affect the effectiveness of a complaint filed without such information.
7. When filing a complaint, the complaint form constituting Appendix No. 2 to the Terms and Conditions may be used.
8. Where a Product is not in conformity with the Sales Agreement, the Consumer may demand its repair or replacement. The Seller may carry out a replacement when the Consumer demands a repair, or carry out a repair when the Consumer demands a replacement, if bringing the Product into conformity with the Sales Agreement in the manner chosen by the Consumer is impossible or would require excessive costs. The Seller may refuse to carry out a repair or replacement if this is impossible or would require excessive costs.
9. The repair or replacement of the Product shall be carried out within a reasonable time, taking into account the nature and purpose of the Product, and without undue inconvenience. All costs related to the repair or replacement of the Product, including the costs of postage, carriage, labor and materials, shall be borne by the Seller.
10. The Consumer is obliged to make available to the Seller the Product subject to repair or replacement, which shall be collected at the Seller's expense. If the Product was installed before the lack of conformity of the Product with the Sales Agreement became apparent, the Seller shall remove the Product and reinstall it after carrying out the repair or replacement, or shall arrange for these activities to be carried out at its own expense.
11. The Consumer may submit a statement of price reduction or withdrawal from the agreement when:
1. according to the response provided to the Consumer by the Seller, in response to the Consumer's demand submitted under sec. 8 above, bringing the Product into conformity with the Sales Agreement is impossible or requires excessive costs;
2. the Seller has not brought the Product into conformity with the Sales Agreement in accordance with the Consumer's demand submitted under sec. 9 and 10 above;
3. the lack of conformity of the Product with the Sales Agreement continues, even though the Seller has tried to bring the Product into conformity with the Sales Agreement;
4. the lack of conformity of the Product with the Sales Agreement is so significant that it justifies a price reduction or withdrawal, without the Consumer first resorting to the remedy of demanding that the Product be brought into conformity with the Sales Agreement;
5. it is clear from the Seller's statement or the circumstances that the Seller will not bring the Product into conformity with the Sales Agreement within a reasonable time or without undue inconvenience to the Consumer.
12. The reduced price must remain in such proportion to the price resulting from the Sales Agreement as the value of the non-conforming Product bears to the value of a conforming Product. The Seller shall refund to the Consumer amounts due as a result of exercising the right to a price reduction promptly, no later than within 14 days from the date of receipt of the Consumer's statement on the price reduction.
13. In the event of withdrawal from the Sales Agreement, the Consumer shall promptly return the Product to the Seller at the Seller's expense. The Seller shall refund the price to the Consumer promptly, no later than within 14 days from the date of receipt of the Product or of proof of its return, whichever event occurs first.
14. The Seller is liable for a lack of conformity of the Product with the Sales Agreement that existed at the time of its delivery and became apparent within two years of that time.
15. If the Consumer submits any of the statements referred to in sec. 8 or 11 above, and the Seller does not respond to the statement within 14 days of its receipt, it shall be deemed that the Seller has accepted the Consumer's complaint.
16. Regardless of the rights provided for above, Products offered by the Seller may be covered by a manufacturer's or distributor's warranty, where this is indicated in the Product description. Where a warranty card is delivered with the Product, warranty repairs shall be carried out on the terms set out therein. In some cases, warranty repairs may be carried out upon presentation of proof of purchase. The period and terms of the warranty are indicated in the warranty card.
17. Verification of a claimed Product may include diagnostic tests, load tests, and comparison of serial numbers, manufacturer markings, and identification markings used by the Seller.
18. In order to facilitate verification of the Product, in particular RAM memory modules, the Seller recommends preserving the identification label placed on the Product. The absence or damage of the label may extend the Product verification process, but does not limit the Consumer's statutory rights arising from the provisions on the Product's lack of conformity with the agreement. Where it is established that the returned Product is not the Product issued by the Seller, or has altered, removed or illegible identification markings, the Seller may refuse to accept the complaint or the return, after preparing documentation confirming this circumstance.
19. For Products sensitive to electrostatic discharge, in particular RAM memory modules, the Seller recommends exercising special caution during installation, removal, storage and transport of the Product, including using appropriate ESD protection, e.g. an antistatic wristband, antistatic gloves, or working on an antistatic surface. This recommendation is intended to reduce the risk of damage to the Product resulting from electrostatic discharge or improper handling of the Product.
20. The Seller is not liable for the loss of data stored on devices submitted for diagnostics, complaint handling or repair. The Customer should back up their data before handing over the Product.
21. Damage to the Product occurring after it has been handed over to the Customer, in particular mechanical, thermal, electrical, or electrostatic damage, or signs of improper installation, removal, storage, transport, or use of the Product inconsistent with its intended purpose, may constitute grounds for refusing to accept a complaint, if it follows from the circumstances of the case or the verification carried out that the reported non-conformity of the Product with the agreement is a result of such damage, rather than of a cause inherent in the Product at the time of its delivery. This provision does not limit the Consumer's statutory rights arising from the provisions on the Product's lack of conformity with the agreement. With respect to Customers who are neither Consumers nor Entrepreneurs with Consumer Rights, the Seller may make the processing of a notification conditional on the possibility of identifying the Product and assessing its technical condition.

§ 9. Liability for a Digital Service's lack of conformity with the agreement

1. The Seller is liable to the Consumer for failure to deliver a Digital Service on time, and for the Digital Service's lack of conformity with the Agreement.
2. Where a Digital Service has not been delivered on time, the Consumer has the right to call on the Seller to deliver it, on the terms concerning the filing of complaints set out in § 3 sec. 15-18 of the Terms and Conditions. If the Seller does not deliver the Digital Service promptly, or within an additional period expressly agreed upon by the parties, the Consumer may withdraw from the Agreement.
3. The Consumer may withdraw from the Agreement without calling for delivery of the Digital Service if:
1. the Seller has stated, or it is clear from the circumstances, that it will not deliver the Digital Service, or
2. the Consumer and the Seller have agreed, or it follows from the circumstances, that the specified delivery date of the Digital Service was of material importance to the Consumer, and the Seller did not deliver it within that time.
4. Where a Digital Service is provided in a manner inconsistent with the Agreement, the Consumer may demand that the Digital Service be brought into conformity with the Agreement, on the terms concerning the filing of complaints set out in § 3 sec. 15-18 of the Terms and Conditions.
5. The Seller may refuse to bring the Digital Service into conformity with the Agreement if bringing the Digital Service into conformity with the Agreement is impossible, or would require excessive costs for the Seller.
6. The Seller shall bring the Digital Service into conformity with the Agreement within a reasonable time from the moment the Seller was informed by the Consumer of the lack of conformity with the Agreement, and without undue inconvenience to the Consumer, taking into account its nature and the purpose for which it is used. The costs of bringing the Digital Service into conformity with the Agreement shall be borne by the Seller.
7. The Consumer may submit a statement of withdrawal from the Agreement when:
1. according to the response provided to the Consumer by the Seller, in response to the Consumer's demand submitted under sec. 4 above, bringing the Digital Service into conformity with the Agreement is impossible or requires excessive costs,
2. the Seller has not brought the Digital Service into conformity with the Agreement in accordance with the Consumer's demand submitted under sec. 4 above,
3. the lack of conformity of the Digital Service with the Agreement continues, even though the Seller has tried to bring the Digital Service into conformity with the Agreement,
4. the lack of conformity of the Digital Service with the Agreement is so significant that it justifies immediate withdrawal, without the Consumer first resorting to the remedy of demanding that the Digital Service be brought into conformity with the Agreement,
5. it is clear from the Seller's statement or the circumstances that the Seller will not bring the Digital Service into conformity with the Agreement within a reasonable time or without undue inconvenience to the Consumer.
8. The Seller is liable for a lack of conformity of a Digital Service with the Agreement supplied on a one-off basis (Order Form, Availability Notification), which existed at the time of its delivery and became apparent within two years of that time.
9. The Seller is liable for a lack of conformity of a Digital Service with the Agreement supplied on a continuous basis (Account, Newsletter), which occurred or became apparent during the period in which the Digital Service was to be delivered.

§ 10. Out-of-court dispute resolution

1. The Consumer may make use of out-of-court methods of handling complaints and pursuing claims, including mediation or proceedings before the competent arbitration court, on the terms set out in generally applicable law, in particular the provisions concerning out-of-court resolution of consumer disputes.
2. Detailed information concerning the possibility for the Consumer to make use of out-of-court methods of handling complaints and pursuing claims, the rules of access to such procedures, and the list of entities authorized to conduct out-of-court consumer dispute resolution proceedings, are available on the website of the Office of Competition and Consumer Protection (UOKiK).
3. Making use of out-of-court dispute resolution methods is voluntary and may require the consent of both parties to the dispute, unless the obligation to participate in such proceedings arises from generally applicable law.
4. The Seller informs that, as a rule, it does not undertake in advance to make use of out-of-court methods of resolving consumer disputes; however, it may in each case consider the possibility of participating in such proceedings after the complaint handling procedure has ended.
5. The Consumer may also seek assistance from the locally competent municipal or district consumer ombudsman.

§ 11. Provisions concerning Customers who are not Consumers

1. The provisions of this paragraph apply solely to a Customer who is neither a Consumer nor an Entrepreneur with Consumer Rights.
2. The Seller has the right to withdraw from the Sales Agreement within 14 days of the date of its conclusion. Withdrawal from the Sales Agreement in such case may take place without giving a reason and does not give rise to any claims by the Customer against the Seller.
3. The Seller may require an advance payment (payment before shipment) with respect to all or part of the Order, regardless of the payment method chosen by the Customer.
4. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under statutory warranty for the Product towards a Customer who is not a Consumer is excluded.
5. A Customer who is neither a Consumer nor an Entrepreneur with Consumer Rights is not entitled to any rights arising from a Product's non-conformity with the agreement under the provisions of the Act of 30 May 2014 on Consumer Rights.
6. The Seller's liability towards a Customer who is not a Consumer, regardless of its legal basis, is limited – both with respect to a single claim and to all claims in total – to the amount of the price paid and the delivery costs under the Sales Agreement. The monetary limitation referred to in the preceding sentence applies to all claims brought by a Customer who is not a Consumer against the Seller, including where no Sales Agreement has been concluded, or claims unrelated to the Sales Agreement. The Seller is liable towards a Customer who is not a Consumer only for typical damages foreseeable at the time the agreement was concluded, and is not liable for lost profits. The Seller is also not liable towards a Customer who is not a Consumer for delay in the carriage of a shipment.
7. Any disputes arising between a Customer who is not a Consumer and the Seller shall be subject to the jurisdiction of the common court competent for the Seller's registered office.

§ 12. Personal data

1. The controller of the Personal Data of persons visiting the Online Store and of Customers is ESUS IT sp. z o.o. with its registered office in Szczecin, ul. Somosierry 30A, 71-181 Szczecin, Poland, entered into the register of entrepreneurs of the National Court Register under KRS number: 0001012470, NIP: 8522690002, REGON: 524134686.
2. The Seller collects and processes Personal Data for the purpose of concluding and performing the Sales Agreement, for the purpose of maintaining the Account, as well as for the purpose of performing legal obligations incumbent on the Seller. To the extent the Seller determines the purposes and means of processing personal data, it is the controller of such Personal Data. The processing of personal data of a Customer who is a natural person conducting business activity takes place in accordance with GDPR, taking into account the provisions of the Act on the Provision of Electronic Services and other generally applicable law.
3. More information on the processing of Personal Data, in particular concerning:
1. the controller of personal data,
2. the type, purposes and legal bases for the processing of personal data,
3. the period of processing of personal data,
4. the recipients of the data,
5. the transfer of data to third countries,
6. the rights of the data subject,
7. the obligation or voluntary nature of providing data,
8. can be found in the Privacy Policy available at: https://www.esus-it.com/Privacy-policy-cterms-eng-304.html.

§ 13. Final provisions

1. All agreements concluded via the Online Store shall be concluded in the Polish language.
2. These Terms and Conditions may be amended for important reasons, in particular such as a change in the scope of business activity or commercial offer, the need to adapt the provisions of the Terms and Conditions to applicable law, the need to ensure the proper functioning of the Online Store, the need to ensure the safety of persons using the Online Store, or the need to introduce new rules or change existing rules of operation of the Online Store.
3. The provisions of the Terms and Conditions concerning the Consumer shall apply accordingly to an Entrepreneur with Consumer Rights, to the extent that generally applicable law grants such Entrepreneur the protection provided for a Consumer, in particular with respect to the right of withdrawal from an agreement concluded at a distance, and the Seller's liability for a Product's lack of conformity with the agreement.
4. Where an amendment to the Terms and Conditions is necessary, the Seller shall inform Customers of the type and nature of the changes, sending them electronically, to the e-mail addresses assigned to their Account, the amended version of the Terms and Conditions, no later than 14 days before the planned changes are introduced.
5. In the case of agreements of a continuous nature (e.g. the Account or Newsletter), the amended Terms and Conditions shall bind the Customer if the Customer has been notified of the changes and has not terminated the agreement within 14 days of the date of notification. Where, as a result of an amendment to the Terms and Conditions, new charges are introduced, or currently applicable charges are increased, a Customer who is a Consumer shall have the right to withdraw from the agreement.
6. In the case of agreements other than those referred to in sec. 4 above, amendments to the Terms and Conditions shall not infringe the acquired rights of Customers, and shall in particular not affect Sales Agreements already concluded.
7. In matters not regulated in the Terms and Conditions and the Policies, the provisions of generally applicable law shall apply, including the provisions of the Civil Code and of the Act of 4 February 1994 on Copyright and Related Rights, and, in the case of Consumers, additionally the provisions of the Act of 30 May 2014 on Consumer Rights.

These Terms and Conditions are effective as of 29 July 2026.

The version of the Terms and Conditions in effect until 1.04.2022 is available at www.esus-it.com/-Regulations-cterms-eng-1.html

The version of the Terms and Conditions in effect until 29.07.2026 is available at https://www.esus-it.com/Regulations-valid-until-July-29-2026-cterms-pol-425.html

Withdrawal from agreement form