§ 1 General Provisions
§ 2 Provision of services by electronic means
§ 3 Conclusion of the sales contract
§ 4 Payment, delivery, receipt of goods
§ 5 Personal data
§ 6 Complaints
§ 7 Withdrawal from the contract
§ 8 Additional information
§1 General provisions:
1.1. These regulations (hereinafter referred to as the “Regulations”) define the rules for the use of the Online Store www.gstarcad.eu by Customers and in particular regulate:
conditions for concluding and performing sales agreements;
conditions for providing services electronically;
principles for exercising the right of withdrawal from the agreement by Consumers without giving a reason;
principles and procedure for handling complaints.
- Definition of terms used in the Regulations:
Online Store – online store operating at www.gstarcad.eu
Service Provider, Seller, Data Administrator –
TMSYS sp. z o.o. with its registered office in Kraków, ul. Ciepłownicza 23, 31-574 Kraków, NIP: 945-215-21-44, REGON: 121393336 registered by the District Court for Kraków Śródmieście in Kraków, 11th Commercial Division of the National Court Register (KRS): 0000370855, e-mail kontakt@tmsys.pl telephone number 12 430 04 16 (standard fee according to the price list of the relevant operator)
Online store – online store operating at www.gstarcad.eu
Service Provider, Seller, Data Administrator –
TMSYS sp. z o.o. with its registered office in Kraków, ul. Ciepłownicza 23, 31-574 Kraków, NIP: 945-215-21-44, REGON: 121393336 registered by the District Court for Kraków Śródmieście in Kraków, 11th Commercial Division of the National Court Register (KRS): 0000370855, e-mail info@tmsys telephone number 12 430 04 16 (standard fee according to the price list of the relevant operator)
Customer – a natural person, legal person or organizational unit without legal personality, who uses the service provided electronically by the Service Provider, who wants to conclude or has concluded a sales agreement with the Seller; Consumer – a natural person concluding a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity;
Electronically provided service – free service consisting of: maintaining a Customer account (in the case of registered Customers), providing Customers with an order form (in the case of unregistered Customers placing orders). In case of doubt, it will be considered that services provided electronically also include all activities that the Service Provider will perform in order to properly handle the processes specified in the first sentence;
Registration – creating a Customer Account in the Online Store system. In order to register, complete the registration form. Correct completion of the registration form will result in the Seller’s system sending an automatic e-mail message informing about the activation of the Account
Price – the price that the store customer will be obliged to pay for selected products in the event of concluding a sales agreement. The price can be expressed using the following currencies: Polish złoty (PLN). The price given is a gross price (including the necessary VAT). Prices in the online store do not include shipping costs, which are indicated during the order placement in the Store. The Seller guarantees that the price indicated during the order placement will not change during the performance of the sales agreement concluded on the basis of the placed order.
1.3 Electronic correspondence regarding the activities of the Online Store should be sent to the e-mail address
info@tmsys.pl, while traditional (postal) correspondence should be sent to the following address:
TMSYS sp. z o.o., ul. Ciepłownicza 23, 31-574 Kraków
1.4 The Customer of the Online Store may be – a natural person, a legal person or an organizational unit without legal personality, which uses the service provided electronically by the Service Provider, which wants to conclude or has concluded a sales agreement with the Seller.
1.5 Prices in the Online Store are expressed in Polish zloty and include VAT (gross prices). Prices do not include any shipping costs, which depend on the method of payment and delivery chosen by the Customer. The Customer is informed about the costs of Delivery when placing the Order.
1.6 Unless expressly indicated in the commercial information, the goods available in the Online Store are new, and the entity responsible for their possible physical and legal defects is TMSYS sp. z o.o. with its registered office in Kraków, ul. Ciepłownicza 23, 31-574 Kraków, NIP: 945-215-21-44, REGON: 121393336, registered by the District Court for Kraków Śródmieście in Kraków, 11th Commercial Division of the National Court Register, KRS: 0000370855.
§ 2 Provision of services by electronic means:
2.1 As part of running the Online Store, the Service Provider undertakes to provide services by electronic means to the extent and under the terms specified in these Regulations.
2.2 The provision of Services by the Service Provider by electronic means is free of charge.
2.3 Terms of provision of Services by electronic means:
2.3.1. Customer Account Service:
The agreement for the provision of the Service by electronic means consisting in maintaining the Customer Account in the Online Store is concluded at the time of Registration.
To complete the Registration, it is necessary to provide an e-mail address in the registration form. Other personal data can be provided at any time for the customer.
The Customer who has completed the Registration has access to additional options available through the Customer Account, such as the possibility of receiving information about new products and promotions (if they have selected the “Subscribe to the Newsletter” option)
The agreement for the provision of the Service by electronic means consisting in maintaining the Account is concluded for an indefinite period.
2.3.2. Interactive form service:
The agreement on confirmation of services by electronic means was delivered on the basis of the principle, which includes placing orders in the online store, after which the use of services begins (adding a product to the basket).
The agreement on delivery by electronic means was delivered on the basis of the preliminary notification, with the indication of orders in the online store, which is concluded for a fixed and specified period at the time of validity of the orders.
2.4. Terms of the agreement on the provision of services by electronic means:
2.4.1. The Customer has the right to terminate the agreement for the provision of services by electronic means of a continuous nature by the Service Provider at any time (e.g. deletion of the Customer Account). Termination of the agreement takes place without incurring any additional costs and without indicating the reasons:
2.4.1.1. Termination of the agreement can be done by sending an appropriate statement to the email address info@tmsys.pl or in writing to the address of the Service Provider (indicated at the beginning of these Regulations).
2.4.1.2. In such a case, the agreement expires after 7 days from the moment the Service Provider receives the termination notice.
2.4.2. The Service Provider has the right to terminate the agreement for the provision of services by electronic means with a 7-day notice period in the event that the Customer provides content of an illegal nature.
2.4.3. Termination and dissolution of the agreement does not involve the loss of rights already acquired by Customers using the Seller’s Online Store.
2.4.4. The consumer has the right to withdraw from the contract for the provision of electronic services within 14 days of its conclusion (see § 7 of the Regulations).
§3 Conclusion of the sales agreement
3.1. The Customer may choose from the following methods of placing an order:
a) placing an order after prior registration in the Online Store system;
b) placing an order without registration, so-called “quick purchases”;
3.2. Placing an order by registered Customers of the Online Store consists of adding the appropriate goods to the online basket. If all the items of interest to us are in the basket, place an order; to do this, follow the instructions displayed by the store system.
3.3. In the case of choosing “quick purchases” (item §3.1.b) of the Regulations), after selecting the product, click the “add to cart” icon, after which you can continue shopping or click the virtual cart icon and make a purchase. In order to place an order, the Customer will be asked to complete their contact details, billing or invoice details and shipping details. Then the Customer is asked to select the delivery method and payment method. After confirming the order, a summary of the order data is displayed.
3.4. When placing orders referred to in item 3.1 of these regulations, the Customer is obliged to provide true data.
3.5. When placing an Order, it is necessary to confirm that they have read these regulations.
3.6. The moment of conclusion of the sales agreement is the moment of placing the order. The order is placed at the moment of clicking the “Buy and pay” button.
3.7. After the Online Store system receives an order, an automatic message confirming receipt of the order will be sent to the e-mail address provided by the Customer (e-mail message entitled Your confirmation of the order from ……….”.
3.8. In the event of starting to process the order, the Seller confirms this fact in a separate e-mail message entitled “Order sent for processing”.
3.9. The Customer may cancel or modify the placed order, for this purpose it is necessary to:
a) contact the Seller by phone;
b) contact the Seller by email;
3.10. Orders are processed by the Customer Service Department of the Online Store on working days, i.e. from Monday to Friday, excluding public holidays, from 8:00 a.m. to 4:00 p.m.
§4 Payment, delivery, collection
4.1 Payment
4.1.1. Due to the performance of the sales agreement, the Customer is obliged to pay the price of the goods indicated in the order and the cost of their delivery.
4.1.2. The price of individual goods presented in the Online Store is a gross price expressed in Polish zlotys (PLN) also including the due tax on goods and services at the applicable rate. However, the prices given do not include the cost of any delivery, which will be indicated when placing the order.
4.1.3. Payment is made in the form chosen by the Customer:
a) cash – personal collection
b) non-cash:
- payment by bank transfer to the store’s account based on a pro forma invoice
4.1.4. The price given for each product is binding at the time the Customer places an Order. This price will not change regardless of price changes in the Online Store, which may occur in relation to individual products after the Customer places an Order.
4.2. Delivery
4.2.1. Orders placed by customers of the Online Store are completed by the Seller within 2 business days from the date of conclusion of the agreement in accordance with §3 section 6 of the Regulations. The processing time includes the time necessary to complete the subject of the order.
4.2.2. The shipment of ordered goods takes place only to addresses located in the territory of Poland. In order to place an Order including shipment abroad, contact the Seller individually.
4.2.3. In the absence of a different agreement, the Seller undertakes to complete the subject of the agreement within a period not longer than thirty days after the buyer submits a declaration of intent to conclude the agreement (§ 3.7 of the Regulations).
4.2.4. The delivery time depends on the method of delivery/collection of the goods chosen by the Customer and should not exceed 7 business days from the conclusion of the sales contract in accordance with § 3.6 of the Regulations.
4.2.5. The Seller entrusts the delivery of goods to third parties conducting business activities in this area.
4.3. Receipt of goods (applies only to products shipped as standard)
4.3.1. The Seller informs that Customers have the right to check the condition of the shipment after it has been delivered to the place indicated in the order. The condition of the shipment may be checked before it is collected from the carrier.
4.3.2. If, before the shipment is released, it turns out that it has been damaged or has suffered a loss, the carrier is obliged to immediately establish the condition of the shipment and the circumstances of the damage. However, in most cases, the Carrier performs these activities at the request of the person authorized to collect the shipment.
4.3.3. The Seller informs that if, after the shipment has been released, the person authorized to collect the shipment notices a loss or damage that cannot be seen from the outside, they have the right, immediately after the damage is discovered, but no later than within 7 days of receiving the shipment, to demand that the carrier determine the condition of the shipment.
4.3.4. In case of any problems or doubts, please contact the Seller at the telephone numbers provided on the Seller’s website.
§ 5 Personal data
5.1. Completing the data in the Order Form is tantamount to expressing consent to the processing of the Ordering Party’s personal data by the Seller and the entity authorized by the Seller to manage the content of the website, of which the Online Store is an integral part. The Ordering Party’s personal data will be processed for the purpose of fulfilling the placed order, including issuing an invoice and conducting financial reporting. This data is confidential and will not be disclosed to unauthorized persons.
5.2. The administrator of personal data is TMSYS sp. z o.o. with its registered office in Krakow, ul. Ciepłownicza 23, 31-574 Kraków, NIP: 945-215-21-44, REGON: 121393336 registered by the District Court for Kraków Śródmieście in Kraków, 11th Commercial Division of the National Court Register (KRS): 0000370855, e-mail info@tmsys.pl, telephone number 12 430 04 16 (standard fee according to the price list of the relevant operator).
5.3. Personal data are processed in accordance with 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 and will not be transferred, resold or lent to other persons or institutions that are not authorized to do so. The personal data of the Ordering Party will be made available in order to fulfill the contract of sale of Products covered by these Regulations.
5.4. Only the Data Administrator, who is the Seller, has access to personal data.
5.5. The Customer who has filled in the order form has the possibility of accessing the personal data concerning him in order to verify, modify or request their removal from the personal data database, by notifying the Data Administrator in writing to the address TMSYS sp. z o.o., ul. Ciepłownicza 23 31-574 Kraków or by e-mail to: info@tmsys.pl. More information on the processing of personal data can be found in the Privacy Policy.
§ 6 Complaints
6.1. Complaints regarding purchased goods:
6.1.1. The Seller is liable to the Customer under the terms specified in the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) and in other generally applicable provisions of law.
6.1.2. If the goods purchased by the Customer are inconsistent with the contract or have defects, the Seller should be notified of this fact and, if necessary, the complained goods should be delivered to the Seller at the following address:
TMSYS sp. z o.o., ul. Ciepłownicza 23, 31-574 Kraków
6.1.3. It is recommended to submit a complaint in writing or by e-mail to reklamacje@tmsys.pl In order to speed up and facilitate the complaint process, it is recommended to send any additional information along with the complaint, such as the order number, date of sale, etc.
6.1.3.1 The complaint will be considered immediately, but no later than within 14 days.
6.1.3.2. The response to the complaint will be sent to the address provided by the Customer or in another manner indicated by the Customer.
6.1.3.3. The Seller informs that in the case of Products covered by a complaint and warranty, the rights in this respect should be exercised in accordance with the conditions included in the warranty card. The warranty for the sold Product does not exclude, limit or suspend the Customer’s rights under the Seller’s liability to the extent specified in the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
6.1.4. In order to facilitate the complaint procedure for the goods, the Consumer may use the complaint form provided by the Seller.
6.2. Complaints related to the provision of services electronically via the Online Store:
6.2.1. Complaints related to the provision of services electronically via the Online Store should be submitted to the e-mail address reklamacje@tmsys.pl or by mail to the store’s address:
TMSYS sp. z o.o., ul. Ciepłownicza 23, 31-574 Kraków
6.2.2. In order to facilitate and speed up the handling of the complaint, it is recommended to provide in the message specified in point 1 such information as e-mail address, date and type of irregularity and contact details.
6.2.3. Consideration of a complaint related to the provision of services by electronic means shall take place immediately, no later than within 14 (fourteen) business days.
6.2.4. The response to the complaint is sent to the Customer’s e-mail address or in another manner provided by the Customer.
§ 7 Withdrawal from the contract
The Seller informs that due to the nature of the items sold (computer programs), the right to withdraw from the contract without giving a reason is limited as follows:
In the case of programs delivered on a durable data carrier – until the packaging in which the program was delivered is opened;
In the case of programs not recorded on tangible media – until the time of starting to use the service, i.e. until the time of starting the download;
In each of the above cases, if the above requirements are met, the return is possible within 14 days.
In other cases, the following provisions apply:
7.1. A customer who is also a consumer within the meaning of art. 22[1] of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended), who has concluded a distance contract, may withdraw from it without giving a reason, by submitting an appropriate declaration within 14 (fourteen) days. To meet this deadline, it is sufficient to send the declaration before its expiry. The declaration can be sent to the following address:
TMSYS sp. z o.o., ul. Ciepłownicza 23, 31-574 Kraków
or by e-mail to the following address: reklamacje@tmsys.pl
7.2. The fourteen-day period within which the Consumer may withdraw from the Sales Agreement or the agreement for the provision of the Service by electronic means is counted from the date of issue of the Product in the case of the Sales Agreement, and if the agreement concerns the provision of the Service by electronic means – from the date of its conclusion.
7.3. The Seller shall immediately upon receipt of the declaration of withdrawal from the agreement send the Consumer an e-mail confirming receipt of the aforementioned declaration.
7.4. In the event of withdrawal from the agreement – the Sales Agreement or the agreement for the provision of the Service by electronic means is considered not to have been concluded. What the Parties have provided shall be returned in an unchanged state, unless the change was necessary to determine the nature, characteristics and functioning of the item, or §7.7. of the Regulations applies. The return should take place immediately, no later than within 14 (fourteen) days.
7.5. The Seller will refund the payments received from the Consumer using the same method of payment that the Consumer used, unless the Consumer expressly agrees to another method of refund that does not involve any costs for him. The Seller may withhold the refund of payments received from the Consumer until the item is received back or the Consumer provides proof of sending it back, depending on which event occurs first.
7.6. The consumer shall bear only the direct costs of returning the goods to the Seller.
7.7. If the consumer has chosen a method of delivery other than the cheapest standard method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him/her
7.8. The consumer shall be liable for a decrease in the value of the goods resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the goods.
7.9. The consumer shall not have the right to withdraw from a distance contract in the following cases:
7.9.1. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the provision that after the entrepreneur has performed the service, he/she will lose the right to withdraw from the contract;
7.9.2. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the period for withdrawal from the contract;
7.9.3. where the subject of the provision is a non-prefabricated item, manufactured according to the consumer’s specifications or intended to meet their individual needs;
7.9.4 where the subject of the provision is an item that spoils quickly or has a short shelf life;
7.9.5. where the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
7.9.6. where the subject of the service is items that, due to their nature, are inseparably connected with other items after delivery;
7.9.7. where the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales agreement, and which can only be delivered after 30 (thirty) days, and whose value depends on market fluctuations over which the entrepreneur has no control;
7.9.8. where the consumer has expressly requested the entrepreneur to come to him for urgent repair or maintenance; if the entrepreneur additionally provides services other than those requested by the consumer, or supplies items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or items;
7.9.9. where the subject of the service is audio or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery;
7.9.10. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
7.9.11 concluded by way of a public auction;
7.9.12. for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the agreement specifies the day or period of service provision;
7.9.13. for the provision of digital content that is not recorded on a tangible medium, if the provision of the service began with the express consent of the consumer before the expiry of the period for withdrawal from the agreement and after the entrepreneur informed him of the loss of the right to withdraw from the agreement.
7.10. No later than upon delivery of the goods, the Seller shall provide the Consumer with information on the withdrawal from the contract on a durable medium.
§ 8 Additional information
8.1. In order to avoid any discrepancies or errors, it is recommended that the devices used by the Customer to use the store, www.gstarcad.eu meet at least the following technical requirements, which are necessary for cooperation with the IT system used by the Service Provider:
8.1.1. Computer or other mobile device with Internet access.
8.1.2. Internet browser: a.) Internet Explorer version 4.0 or later b.) Mozilla FireFox version 4.0 or later or c.) Google Chrome version 1.0 or later d.) Safari from 1.0 or later e). Opera version 1.0 or later
8.1.3. Active plugins – JAVA, FLASH
8.1.4. Monitor resolution 1024 x 768, 24 or 32 bit colors
8.1.5. The Customer must have an e-mail account.
8.2. Information for the Customer of the www.gstarcad.eu store on how to check whether the placed order does not contain errors and how to correct them:
8.3. Principles and methods of recording, securing and making available to the other party the content of the concluded agreement by the entrepreneur:
8.3.1. The recording, securing and making available of the content of the concluded agreement takes place:
8.3.1.1. By sending the Customer the content of the concluded agreement to the provided e-mail address.
8.3.1.2. By printing and providing the Customer with the order specification and proof of purchase together with the receipt or shipment of the goods.
8.3.2. The content of the concluded agreement is additionally recorded and secured in the Seller’s IT system and provided to Customers at their every request.
8.4. In matters not regulated in these Regulations, the provisions of the law in force in the territory of the Republic of Poland shall apply, including the Civil Code, the Act on the provision of services by electronic means of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended); Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827) and other relevant provisions of Polish law.
8.5. Changes to the Regulations:
8.5.1. The Service Provider reserves the right to make changes to these Regulations, of which the Customer will be notified no later than 14 days in advance before the date of entry into force of the changes. Information about the changes will also be expressed in a clear manner by posting on the website of the Online Store and sent to the e-mail address of the registered customer. In addition, the Customer will be asked to accept the new regulations each time before placing an Order.
8.5.2. The amended regulations bind the Customer if the requirements specified in art. 384 of the Civil Code have been met (i.e. the Customer has been properly notified of the changes) and the Customer has not terminated the agreement for the provision of services by electronic means of a continuous nature within 30 days.
8.5.3. Changes to the regulations will not in any way violate the rights acquired by Customers using the Online Store before the date of entry into force of the changes, in particular they will not affect the orders placed and/or processed. In such a case, these orders will be fulfilled according to the principles specified in the previous regulations.
8.6. The goods sale agreement is concluded in accordance with Polish law and in Polish.
8.7. In the event of a dispute with the Seller, the Customer who is a Consumer may use out-of-court methods of handling complaints and pursuing claims. The Consumer may, among other things:
a) apply to the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve the dispute arising from the concluded Sales Agreement.
b) apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller.
c) obtain free assistance in resolving the dispute between the Customer and the Seller, using the free assistance of the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, Association of Polish Consumers).
8.8. Any disputes arising between the Seller and the Customer who is not also a consumer within the meaning of Art. 22[1] of the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended), shall be submitted to the court with jurisdiction over the Seller’s registered office
Personal data are processed in accordance with 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