Online shop terms and conditions of 2611.2024.
Terms and Conditions of the online Shop
Keyless Protector
1. GENERAL PROVISIONS
- The online store: Keyless Protector, operating at the address: https://keylessprotector.com/, is run by: ENEGO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (ENEGO Limited Liability Company), based at: UL. BŁOGOSŁAWIONEGO CZESŁAWA 17, 44-100 GLIWICE, KRS: 0000376846, NIP: 6312627114.
- These Terms and Conditions of the Online Store set out the rules for making purchases in the online store: Keyless Protector, particularly the terms and conditions for concluding distance sales agreements through the Store, as well as the complaint procedure and the procedure for withdrawal from the contract by the Consumer.
- Regarding services provided electronically, these Terms and Conditions constitute the terms referred to in Article 9 of the Act on the Provision of Electronic Services of July 18, 2002 (consolidated text: Journal of Laws of 2024, item 1513, as amended).
- The Terms and Conditions are addressed to all Customers of the Store. All Customers are required to familiarize themselves with the provisions of the Terms and Conditions before making a purchase.
- Every Customer is obligated to comply with the provisions of the Terms and Conditions. Sales are conducted based on the version of the Terms and Conditions in effect at the time of placing an order.
- Customers can review the Terms and Conditions at any time by clicking on the “Terms and Conditions” hyperlink on the Store’s website: https://keylessprotector.com/. The Terms and
- Conditions can be downloaded and printed at any time
- All information on the Store’s website: https://keylessprotector.com/, relating to products (including prices), does not constitute an offer within the meaning of Article 66 of the Civil Code Act of April 23, 1964 (consolidated text: Journal of Laws of 2024, item 1061, as amended), but rather an invitation to conclude a contract as per Article 71 of the Civil Code Act of April 23, 1964 (consolidated text: Journal of Laws of 2024, item 1061, as amended). By sending the Order Form, the Customer submits an offer to purchase and deliver the specified Product at the price and under the conditions specified in the description.
2. DEFINITIONS
- Terms and Conditions – This set of rules governs the principles of using the Store’s Services by its Customers.
- Consumer – A natural person entering into an Agreement through the Store, not directly related to their business or professional activity.
- Entrepreneur with Consumer Rights – A natural person entering into a civil law Agreement through the Store directly related to their business activity, where the content of the Agreement indicates it does not have a professional nature for this person, particularly as evidenced by the scope of their business activity listed in the Central Register and Information on Economic Activity. For the purposes of these Terms and Conditions, unless specified otherwise, the provisions apply equally to Consumers and Entrepreneurs with Consumer Rights.
- Customer – A natural person (including a Consumer) who is at least 13 years old (with consent from their legal representative, if required), a legal entity, or an organizational unit without legal personality, granted legal capacity by specific laws, who uses the Services provided by the Store.
- Order Form – A Service available on the Store’s website, through which the Customer can make a purchase, particularly by adding Goods to the Cart and specifying certain terms of the Sales Agreement, such as the delivery and payment method.
- Cart – A component of the Store where the selected Goods are displayed, and the Customer can set and modify Order details, including the quantity of Products being purchased.
- Store – The online sales platform owned by the Seller, accessible at the domain: https://keylessprotector.com/, through which the Customer can purchase Goods from the Seller.
- Seller – ENEGO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (ENEGO Limited Liability Company), headquartered at UL. BŁOGOSŁAWIONEGO CZESŁAWA 17, 44-100 GLIWICE, registered in the National Court Register under number KRS: 0000376846, NIP: 6312627114, offering products for sale through its website as part of its professional or commercial activities.
- Goods – Movable items traded between the Store and the Customer, the sales terms of which are specified in the Order Form.
- Goods with Digital Elements – Goods containing digital content or a digital service or integrated with them in such a way that the absence of the digital content or service would prevent proper functioning.
- Product – Any goods or services, including real estate, digital services, and digital content, as well as rights and obligations.
- Digital Environment – Hardware, software, and network connections used by the Consumer to access or use digital content or digital services.
- Integration – The connection of digital content or digital services with elements of the Consumer’s digital environment and their incorporation into those elements to ensure compliance with the Digital Content or Digital Service Agreement.
- Compatibility – The ability of digital content, digital services, or goods to operate with hardware or software commonly used to access or use such digital content, services, or goods of the same type without modification.
- Functionality – The capacity of digital content, digital services, or goods to perform their functions in accordance with their intended purpose.
- Interoperability – The ability of digital content, digital services, or goods to operate with hardware or software other than those commonly used for accessing or using such digital content, services, or goods of the same type.
- Online Trading Platform – A service that uses software, including a website, part of a website, or application operated by or on behalf of a trader, enabling Consumers to conclude distance agreements with other traders or with individuals not acting as traders.
- Online Trading Platform Provider -A trader who operates an online trading platform, provides access to it, or facilitates its use by other parties.
- Agreement – A distance sales agreement for Goods, concluded by the Customer via the Store, typically through the Order Form.
3. ORDER PLACEMENT AND FULFILLMENT
- Using the Store requires familiarization with and acceptance of these Terms and Conditions. By placing an order, the Customer accepts the content of the Terms and Conditions.
- The main factors determining the ranking of offers presented to the Consumer as a result of a search, which are also visibly linked to a specific offer, are: most frequently chosen.
- The Store marks sponsored offers and paid advertisements. These are visibly distinguished in direct connection with the respective search result, standing out from the general interface.
- The price stated in the order constitutes the total amount the Customer is obliged to pay, including applicable taxes (gross price). Delivery costs are not included, as they depend on the delivery method chosen by the Customer for the Product.
- If the Consumer is required to make a payment exceeding the agreed price mentioned in the previous clause, the Store will promptly inform the Consumer, explaining the reason for the price difference. Additional charges will only be applied with the Consumer’s explicit consent.
- The Seller reserves the right to change prices in the Store, introduce new Products for sale, conduct and cancel promotional campaigns, or modify them, in compliance with applicable legal provisions.
- In the case of promotions, the Store informs Customers about the lowest price of the Product in the last 30 days. If the Product has been available for less than 30 days, the pre-promotion price is the lowest price since the Product was introduced to the Store. This information is displayed alongside the Product’s promotional price.
- Customer orders are accepted via the submitted Order Form on the website [https://keylessprotector.com/](https://keylessprotector.com/) or by email at **biuro@keylessprotector.com**, 24/7.
- To order a Product, the Customer selects the desired Goods, clicks the “ADD TO CART” button next to the Product description, then completes the Order Form in the “CART” section. This includes selecting the delivery and payment method or opting for payment upon delivery if available, and confirming the purchase.
- Entrepreneurs with Consumer Rights must indicate, at the time of placing the order, that the purchase is not of a professional nature.
- After placing an order, the Customer receives a confirmation email at the email address provided in the Order Form.
- Once the Customer receives the confirmation of order acceptance, the Seller begins processing the order, under the following conditions:
a) For orders with payment upon delivery – processing begins no later than the next business day after the order is confirmed by the Seller.
b) For orders with payment by bank transfer – processing begins after the payment is credited to the Store’s bank account. - Orders placed in the Store are processed during the Store’s working hours (on business days, Monday to Friday, from 8:00 AM to 4:00 PM). Orders placed after 4:00 PM on business days, or on Saturdays, Sundays, or holidays, will be reviewed on the next business day.
- The Customer will receive notification when the order is accepted for processing, which is understood as the Seller’s declaration of acceptance of the offer. Upon receipt of this notification, the Sales Agreement is concluded.
- A VAT receipt is issued for every order. Upon request, a VAT invoice will also be issued and sent to the Customer (as per Article 106b(3) of the Act on Value Added Tax, dated March 11, 2004, consolidated text: Journal of Laws of 2023, item 1570, as amended).
- The available communication methods between the Customer and the Store are:
a) Email: biuro@keylessprotector.com
b) Phone: +48 512 617 788
c) Correspondence address with our customer support and technical departament: Joachima Lelewela 23, 41-219 Sosnowiec
d) Address for withdrawal from the Agreement: Joachima Lelewela 23, 41-219 Sosnowiec - The Seller does not verify the authenticity of Customer reviews about Products purchased in the Store.
- Any opinions or recommendations created as part of a paid order by the Seller will be marked in the Store as sponsored opinions or recommendations.
4. DELIVERY AND SHIPPING COSTS
- Orders from the Store are shipped via:
Parcel locker
Courier - Orders placed in the Store are fulfilled only on business days. Orders submitted on Saturdays, Sundays, or holidays will be processed on the next business day.
- The standard delivery time is typically 3 business days. This includes the order processing time (i.e., assembling the ordered Products) and the estimated delivery time, which is 24 hours within Poland.
- The Seller is not liable for delays caused by the carrier.
- Upon receiving a courier-delivered package, the Customer should carefully inspect the package contents, completeness, external packaging, and condition of the ordered Product in the courier’s presence. In case of damage to the shipment, the Customer should draft a damage report with the courier in two identical copies, signed by both the Customer and the courier.
- Customers may opt for personal pickup of the ordered Product from the physical warehouse at the address: Joachima Lelewela 23, 41-219 Sosnowiec.
5. PAYMENT PROCESSING
- The Store offers the following payment methods:
Cash on Delivery (COD) – payment upon receipt of the shipment.
Bank Transfer – prepayment before order processing. - The detailed rules and conditions for payments through banks or other available services are governed by the respective terms and conditions of the relevant banks or services.
- Customers who choose the bank transfer option must complete the payment for their order within five (5) business days from the date the order is placed. If payment is not received within this timeframe, the Seller’s offer becomes non-binding, and the order is removed from the system.
- When making the transfer, the Customer only needs to provide the order number in the payment title.
- The payment deadline can be extended upon prior notice to the Store’s support team via:
Email: biuro@keylessprotector.com
Phone: +48 512 617 788
Address: Joachima Lelewela 23, 41-219 Sosnowiec
6. COMPLAINT
- The Seller shall be liable for the non-conformity of the Product with the Agreement. The provisions of the Act of 23 April 1964, the Civil Code (consolidated text: Journal of Laws of 2023, item 1610, as amended), regarding warranty for defects, shall not apply to agreements requiring the transfer of ownership of the Product to the Consumer, including in particular sales agreements, delivery agreements and agreements for a specific work being the Product.
- The Seller shall be liable for the lack of conformity of the Product with the Agreement, which lack exists at the time of its delivery and is revealed within two (2) years from that time, unless the expiry date of the Product, specified by the Seller, its legal predecessors or persons acting on their behalf, is longer. It is presumed that the lack of conformity of the Product with the Agreement, which became apparent before the expiry of two (2) years from the date of delivery of the Product, existed at the time of its delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specificity of the Product or the nature of the lack of conformity of the Product with the Agreement.
- If the Product is not in conformity with the Agreement, the Consumer may request its repair or replacement. The Seller may replace it when the Consumer requests repair, or the Seller may repair it when the Consumer requests replacement, if bringing the Product into conformity with the Agreement, in the manner chosen by the Consumer, is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the Agreement.
- The Seller shall repair or replace the Product within 30 business days of the date on which the Consumer has informed him of the lack of conformity with the Agreement, and without excessive inconvenience to the Consumer, taking into account the specificity of the Product and the purpose for which the Consumer purchased it. The costs of repair or replacement, including in particular the costs of postage, transport, labour and materials, shall be borne by the Seller. For this purpose, the Consumer shall make the Product available to the Seller, subject to repair or replacement. The Seller shall collect the Product from the Consumer at his own expense. If the Product was installed before the lack of conformity of the Product with the Agreement was revealed, the Seller shall dismantle the Product and reassemble it after the repair or replacement has been carried out or shall have these activities performed at his own expense.
- If the Product is not in conformity with the Agreement, the Consumer may submit a declaration of a price reduction or withdrawal from the Agreement, if:a) the Seller has refused to bring the Product into conformity with the Agreement;b) the Seller has not brought the Product into conformity with the Agreement;
c) the lack of conformity of the Product with the Agreement persists despite the Seller’s attempts to bring the Product into conformity with the Agreement;
d) the lack of conformity of the Product with the Agreement is significant enough to justify a price reduction or withdrawal from the Agreement, without prior request for its repair or replacement;
e) it clearly follows from the Seller’s statement or circumstances that he will not bring the Product into conformity with the Agreement within a reasonable time or without excessive inconvenience to the Consumer.
- The reduced price must remain in such proportion to the price resulting from the Agreement as the value of the Product not in conformity with the Agreement remains to the value of the product in conformity with the Agreement. The Seller shall return to the Consumer the amounts due as a result of exercising the right to reduce the price, immediately, no later than within fourteen (14) days from the date of receipt of the Consumer’s statement of price reduction.
- The Consumer may not withdraw from the Agreement if the lack of conformity of the Product with the Agreement is immaterial. It is presumed that the lack of conformity of the Product with the Agreement is material.
- In the event of withdrawal from the Agreement, the Consumer shall immediately return the Product to the Seller at his expense. The Seller shall return the price to the Consumer immediately, no later than within fourteen (14) days from the date of receipt of the Product or proof of its return, using the same method of payment as the Consumer used, unless the Consumer has expressly agreed to another method of return that does not involve any costs for him.
- The course of the complaint process
The complaint process consists of the following stages:
a) Registering a complaint submitted within the statutory deadline in writing sent by traditional mail or to the head office’s e-mail address provided on the website
b) Analyzing the complaint from a formal perspective
• Formal acceptance of the complaint and forwarding it for substantive analysis
• Rejection without consideration due to formal deficiencies
c) Analysis of the complaint from a substantive perspective
• Substantive acceptance of the complaint and forwarding it for consideration
• Failure to acknowledge the complaint
d) Establishing a proposal to solve the problem reported in the complaint and presenting it to the customer
• Customer’s acceptance of the proposal to solve the problem and closing the complaint process
• Failure to accept and forward the case
e) Analyzing the course of the complaint process to date
f) Contact with the customer to establish a proposal
g) Closing the complaint process
h) Taking corrective action (e.g. verification of descriptions on the packaging, markings, warnings, other), INCI verification, other, as required - Every Customer has the right to file a complaint regarding purchased goods within 24 months from the date of purchase.
The deadline for considering a complaint is 14 business days from the date of registration of the complaint until the customer is informed about the acceptance of the solution to the problem - Complaints regarding Products may be submitted:a) in writing, to the Seller’s registered office address: Joachima Lelewela 23, 41-219 Sosnowiec;b) by e-mail, to the e-mail address: biuro@keylessprotector.com.
- The complaint should include:a) data of the person filing the complaint (name and surname, correspondence address, e-mail address and contact phone number);b) indication of the reason for the complaint and the content of the request;
c) the Order number, as shown in the Order acceptance confirmation;
d) the original or a copy of the proof of purchase (e.g. receipt or invoice) may facilitate the filing of a complaint, but is not necessary for its filing.
e) the Buyer’s indication of a satisfactory/expected solution to the problem indicated in the complaint
- The above provisions do not exclude the possibility of the Seller providing a guarantee for the purchased Products, which is provided for in separate guarantee regulations.
7. RIGHT OF WITHDRAWAL
- General Right of Withdrawal: In accordance with the Act of May 30, 2014, on Consumer Rights (Journal of Laws 2020, item 287, as amended), Consumers may withdraw from the Agreement concerning Products purchased in the Store without giving any reason, by submitting a written declaration within fourteen (14) days from the date the Goods were delivered (i.e., received by the Consumer). The deadline is met if the Consumer sends the declaration before the period expires.
- How to Withdraw: The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. A template for the declaration is provided as Attachment No. 1 to these Terms and Conditions.
- Submission of Declaration: The declaration of withdrawal must be sent to the address: Joachima Lelewela 23, 41-219 Sosnowiec.
- Return of Goods: The Consumer must return the Goods to the Seller within fourteen (14) days of withdrawing from the Agreement. The deadline is met if the Goods are sent back before it expires.
- Costs of Return: The Consumer bears only the direct costs of returning the Goods.
- Return Address: The Goods must be returned to the address of the Seller: Joachima Lelewela 23, 41-219 Sosnowiec.
- Refund of Payments: The Seller will refund all payments made by the Consumer, including the cost of delivery, within fourteen (14) days from the date of receiving the withdrawal declaration. However, the refund may be withheld until the Seller receives the returned Goods or proof of their return.
- Exceptions to Delivery Cost Refund: If the Consumer chose a delivery method more expensive than the cheapest option offered by the Seller, the Seller is not obligated to refund the additional costs.
- Method of Refund: The refund will be made using the same payment method as used by the Consumer, unless the Consumer explicitly agrees to a different method that does not incur any costs.
- Responsibility for Diminished Value: The Consumer is liable for any reduction in the value of the Goods resulting from using them beyond what is necessary to determine their nature, features, and functioning.
- The right to withdraw from the Agreement does not apply to:
a) Goods that are custom-made according to the Consumer’s specifications or tailored to their individual needs.
b) Goods that are perishable or have a short shelf life.
c) Goods delivered in sealed packaging that cannot be returned once opened due to health protection or hygiene reasons, if the packaging was opened after delivery.
d) Goods that, due to their nature, become inseparably mixed with other items after delivery.
e) Agreements where the price depends on fluctuations in the financial market beyond the Seller’s control, occurring before the withdrawal deadline.
f) Goods with digital elements, digital services, or digital content not supplied on a tangible medium, if the Seller started providing the service with the Consumer’s explicit consent and acknowledgment that withdrawal rights would be lost upon full performance.
g) Services requested explicitly by the Consumer where the Seller has completed the service, such as repair services performed at the Consumer’s location with their prior agreement. - The right to withdraw from a Distance Contract is available to Consumers and Entrepreneurs with Consumer rights.
8. PRIVACY POLICY
- Consent to Data Processing: By placing an order, the Client consents to the processing of their personal data provided during the ordering process for the purpose of order fulfillment and management. The Seller is the data controller within the meaning of Article 7 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, repealing Directive 95/46/EC (General Data Protection Regulation, GDPR), OJ L 119, 4 May 2016, pp. 1–88.
- Data Controller: The Seller acts as the controller of personal data provided by the Client while using the Store.
- Data Sharing: Personal data stored in the Seller’s database is not shared with entities not involved in the execution of the Agreement.
- Rights of the Client: In accordance with Article 15 of the GDPR, Clients have the right to access their personal data. They may request correction, deletion, or restriction of processing their data. The Seller ensures every Client’s right to monitor and control the processing of their personal data.
- Voluntary Provision of Data: Providing personal data is voluntary. However, refusal to consent to data processing prevents the Seller from fulfilling the Client’s order.
- Privacy Policy: Detailed information regarding personal data and privacy protection is available in the “Privacy Policy” section on the Store’s website.
9. FINAL PROVISIONS
- Scope of the Regulations: The Regulations define the rules for concluding and performing Sales Agreements for Products available on the Store’s website.
- Parties to the Agreement: The Sales Agreement is concluded between the Client and the Seller.
- Availability of the Regulations: The Regulations are accessible to all Clients in electronic form on the Store’s website at keylessprotector.com, under the “Store Regulations” tab.
- Technical Requirements: To use the Store’s services, Clients must have:
Devices with internet access,
A web browser capable of displaying web pages,
An active email address for order-related correspondence.
Prohibited Actions: All persons, including Clients, are prohibited from posting unlawful content on the Store’s website. - Applicable Law: In matters not regulated by these Regulations, the provisions of applicable law shall apply.
- Consumer Rights: These Regulations do not exclude or limit any rights granted to Clients who are Consumers under mandatory legal provisions. In the event of a conflict between the Regulations and such provisions, the latter shall prevail.
- Priority of Consumer Law: Provisions of these Regulations that are less favorable to the Consumer than the provisions of the Act of May 30, 2014, on Consumer Rights (consolidated text: Dz. U. 2020, item 287, as amended) are invalid. In their place, the provisions of the Act shall apply.
- Severability Clause: If any provision of these Regulations is or becomes invalid or ineffective, the validity of the remaining provisions shall not be affected. In such a case, the Parties will replace the invalid or ineffective provision with one that closely reflects the intended economic purpose. The same applies to any gaps in the Regulations.