I. GENERAL PROVISIONS
- The Data Controller of personal data collected through the www.osrecovery.pl is PROGRESSI Sp. z o.o., entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division of the National Court Register under KRS number 0000845304, company registration address and address for service: al. Fr. Józefa Waląga 1 / 1c, 83-000 Pruszcz Gdański, NIP: 6040218470, REGON: 386266115, e-mail address (e-mail): email@example.com, hereinafter referred to as the “Data Controller” and being also the Service Provider
- The www.osrecovery.pl operates on the principles set out in these Terms and Conditions.
- The Terms and Conditions define the types and scope of services provided, as well as the complaint procedure.
- Each User, upon taking steps to use the Electronic Services of the www.osrecovery.pl, is obliged to comply with the provisions of these Terms and Conditions.
- The condition for placing an Order on the Website by the Customer is to read The Terms and Conditions and accept its provisions at the time of placing the Order.
- To all matters not settled herein the following provisions of Polish law shall apply:
a) Act on Rendering Electronic Services of 18 July, 2002 (Dz. U. [Journal of Laws] No. 144, item 1204, as amended),
b) Consumer Rights Act of 30 May 2014 (Dz. U. 2014, item 827),
c) Act on Out-of-court Settlement of Consumer Disputes of 23 September 2016 (Dz. U. 2016, item 1823),
d) Provisions of the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended) and all other applicable provisions of Polish law.
II. DEFINITIONS FOR THESE TERMS AND CONDITIONS
- BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
- ORDER FORM – shall refer to the electronic form available at www.osrecovery.pl, required for Order placement.
- CUSTOMER – shall refer to a User concluding a Sales Agreement with the Seller.
- CONSUMER – shall refer to any natural person entering into a transaction with the Seller for purposes that are outside their business, trade or profession.
- TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.
- WEBSITE − shall mean the Service Provider’s website operating at www.osrecovery.pl.
- SELLER, SERVICE PROVIDER – OSRECOVERY PROGRESSI Sp. z o.o., al. Fr. Józefa Waląga 1 / 1c, 83-000 Pruszcz Gdański, NIP: 6040218470, REGON: 386266115
- PRODUCT – shall refer a services available at www.osrecovery.pl and covered by a Sales Agreement concluded between the Customer and the Seller via the online Shop.
- SALES AGREEMENT – shall refer to any Product Sales Agreement concluded between the Customer and the Seller through the Shop.
- USER − shall refer to any natural person, a corporate or non-corporate entity granted full legal capacity under imperative provisions of law, using the Electronic Services.
- ELECTRONIC SERVICES – shall refer to the services provided electronically by the Service Provider via the Shop.
- ORDER – shall refer to the Customer’s declaration of intent to enter into a Product Sales Agreement with the Seller.
III. TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider grants access to the following Electronic Services:
a) concluding Product Sales Agreements.
- These Terms and Conditions shall apply to all Electronic Services provided through www.osrecovery.pl
IV. CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS
- The User agrees to use the Shop in accordance with the principles of good practice, only for lawful purposes and in a manner, which does not infringe the personal rights and intellectual property rights of any third party.
- The User is prohibited from providing any unlawful or illegal content.
V. PRODUCT AND ORDER INFORMATION
- The information on the website pages does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to buy a specific Product (service) under the conditions specified in its description.
- The price of the Product (service) shown on the website of the Service is given in Polish zlotys and includes all components, including VAT, and delivery costs in Poland.
- In order to place an Order, the Customer is not required to register an Account on the Website.
- Orders can be placed:
a) via the website using the Order Form (www.osrecovery.pl website) – 24 hours a day all year round,
b) via e-mail to the following address: firstname.lastname@example.org.
- The Website carries out Orders placed from Monday to Friday during the Website’s working hours, ie from 8:00 to 16:00. Orders placed on Working Days after 16:00, on Saturdays, Sundays and public holidays, will be considered on the next Business Day.
- Conclusion of the Sales Agreement.
a) to conclude a Sales Agreement, it is necessary for the Customer to submit an Order in advance using the methods provided by the Seller,
b) after placing the Order, the Seller immediately confirms its receipt while accepting the Order, which binds the Customer with his Order. Confirmation of receipt and acceptance of the Order for implementation takes place by sending an e-mail message, which includes:
– confirmation of all essential elements of the Order,
– information about the acceptance of these Regulations,
– Complaint Form,
c) upon receipt of the e-mail by the Customer and payment of the service, a Sales Agreement is concluded between the Customer and the Seller.
- Each Sales Agreement will be confirmed by a proof of purchase (VAT invoice), which will be attached to the package.
- The service provider performs data recovery services according to the highest standards, treating each case separately, however, it does not guarantee the recovery of all information on the phone. This is a due diligence contract, not a full data recovery commitment.
- The Service Provider is not responsible for:
a) physical and logical defects and / or damage / loss of data or telephone that become apparent in the course of the performance of expertise or data recovery services, and which arise before or during the performance of laboratory procedures.
b) missing or damaged specific files due to data overwriting or physical damage to the phone memory.
c) lost data and the resulting loss of benefits.
The above does not constitute the basis for any claims of the Service Recipient against the Service Provider.
VI. METHODS OF PAYMENT
- The Seller provides the following payment methods:
a) payment by traditional transfer to the Seller’s bank account,
b) electronic payment via electronic payment systems.
- In the case of payment by bank transfer, the payment should be made to the following bank account: 97109010980000000146687534, Santander, Osrecovery, PROGRESSI Sp. z o.o., al. Fr. Józefa Waląga 1 / 1c, 83-000 Pruszcz Gdański, NIP: 6040218470. In the transfer title, please enter the phone model and the type of damage.
- In the case of payment via electronic payment services, the Customer makes the payment before starting the Order. Electronic payment services allow you to make payments by credit card or quick transfer from selected Polish banks.
- The Customer shall pay the amount equal to the purchase price specified in the Sales Agreement within 3 working days from the date of its conclusion
VII. OBLIGATIONS ON THE PART OF THE SERVICE RECIPIENT
- The Service Recipient is obliged to properly secure the contents of the shipment and return it to the courier in a condition that allows proper transport.
- After the service is performed, the Service Recipient is obliged to collect the parcel from the courier within the time agreed with the Service Provider.
VIII. DELIVERY COST, TIME AND METHOD
- Shipments are sent via Poczta Polska, parcel machines or courier.
- The time of delivery of the shipment consists of the time of service and the time of delivery by the carrier:
- the service is performed within 14 Business Days,
- the delivery of the shipment by the carrier takes place within the period declared by the carrier, i.e. from 1 to 2 Business Days (delivery takes place only on Business Days, excluding Saturdays, Sundays and holidays).
- In complicated cases, the time of the expertise and the laboratory work process may be extended beyond the time specified in the Application Form or agreed between the parties, to which the Customer agrees. The above does not constitute the basis for the Service Recipient’s claims against the Service Provider.
IX. COMPLAINTS PROCEDURE
A complaint may be submitted for failure to perform the service on time or damage to the device transferred for data recovery within 7 days of the service. The complaint should be sent to the following e-mail address (e-mail): email@example.com. A reply in the same form will be given within 7 days.
X. RIGHT TO WITHDRAW
- The Service Recipient is not entitled to withdraw from the contract when the Service Provider starts the service.
- If access to the device data is not obtained, the amount paid will be refunded less the costs incurred in the amount of PLN 147.60.
- It is assumed that the service is properly performed and is not subject to complaint in the event of access to device data, execution of reports and effective data recovery attempt. Effectiveness, i.e. the amount of data recovered, is impossible to predict and depends on many independent factors.
XI. INTELLECTUAL PROPERTY
- The compilation of all content at www.osrecovery.pl is protected by copyright law and is the exclusive property of PROGRESSI Sp. z o.o., al. Fr. Józefa Waląga 1 / 1c, 83-000 Pruszcz Gdański, NIP: 6040218470, REGON: 386266115. The User shall bear all liability for damages caused to the Service Provider caused by any use of the content of the website located at www.osrecovery.pl without the consent of the Service Provider.
- Any use or reproduction of the content of the website located at www.osrecovery.pl or any portion thereof without the express written consent of the Service Provider constitutes a copyright infringement and is punishable under civil and criminal law.
XII. TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS (B2B)
- The Seller may limit the scope of payment methods made available to the business Customer regardless of the payment method chosen by the business Customer and the fact that the Sales Agreement has been concluded. The Seller may demand full or partial payment in advance.
- The risks and rewards of ownership including but not limited to the risk of loss of or damage to a Product shall pass to the business Customer when the Product is picked up from the Seller by the carrier. The Seller shall not be held liable for any damage, shortage or loss to the contents of the shipment that occurs after the carrier picks up the Product or for any delay in delivery.
- Business Customer is required to inspect his shipment for any loss, shortage or damage before accepting it from the carrier. If the business Customer believes any or part of the Product is missing, wrong or damaged he should take all measures necessary to establish the liability of the carrier.
XIII. FINAL PROVISIONS
- Agreements concluded through the Shop are construed in accordance with the laws of Poland.
- Should any provision of these Terms and Conditions be prohibited by applicable law, the provisions of Polish law shall apply in lieu of the unenforceable provision.
- Any disputes between the Shop and Consumers arising out of or in connection with a Sales Agreement shall be resolved in the first instance through amicable negotiation between the parties with the intention of amicable settlement of the dispute in accordance with the Act on out-of-court consumer dispute resolution. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point 4 of this section.
- Judicial dispute settlement procedures:
a) Any disputes arising between the Service Provider and the consumer User (Customer) shall be resolved by a court of competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296, as amended).
b) Any disputes arising between the Service Provider and the non-consumer User (Customer) shall be settled by the court having jurisdiction over the Service Provider’s registered office.