§ 1 General Provisions
§ 2 Provision of Services by Electronic Means
§ 3 Conclusion of the Sales Agreement
§ 4 Payment, Delivery, and Collection of Goods
§ 5 Personal Data
§ 6 Complaints
§ 7 Withdrawal from the Agreement
§ 8 Additional Information
§1 General Provisions
1.1 These Terms and Conditions (hereinafter referred to as the “Terms”) set forth the rules for Customers’ use of the online store available at www.gstarcad.eu, and in particular regulate:
- the terms of concluding and performing sales agreements;
- the terms of providing electronic services;
- the right of Consumers to withdraw from a contract without giving a reason;
- the rules and procedures for submitting complaints.
1.2 Definitions of terms used in the Terms:
- Online Store – the online store operated at the website address 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, Poland, NIP: 945-215-21-44, REGON: 121393336, entered into the National Court Register by the District Court for Kraków Śródmieście in Kraków, 11th Commercial Division of the National Court Register under KRS number: 0000370855, email: info@gstarcad.eu, phone: +48 12 430 04 16 (standard call rates according to the applicable operator’s tariff);
- Customer – a natural person, legal person, or an organizational unit without legal personality, using services provided electronically by the Service Provider, intending to or having concluded a sales agreement with the Seller;
- Consumer – a natural person making a legal transaction with an entrepreneur that is not directly related to their business or professional activity;
- Electronic Service – a free service involving: maintaining a Customer account (for registered users), providing an order form (for unregistered users). For the avoidance of doubt, all activities performed by the Service Provider to properly support these processes shall also be considered electronic services;
- Registration – the process of creating a Customer Account in the Online Store system. Registration is completed by filling out the registration form. Upon successful completion, the system automatically sends an activation email;
- Price – the amount payable by the Customer for selected products upon conclusion of a sales agreement. Prices are expressed in Polish zloty (PLN) and are gross prices (including VAT). Shipping costs are not included in product prices and are specified during the ordering process. The Seller guarantees that the price indicated at the time of placing an order will not change during the order fulfillment.
1.3 Electronic correspondence regarding the Online Store should be sent to the email address: info@gstarcad.eu. Traditional (postal) correspondence should be sent to:
TMSYS sp. z o.o., ul. Ciepłownicza 23, 31-574 Kraków, Poland
1.4 Customers of the Online Store may include natural persons, legal persons, and organizational units without legal personality who use services provided electronically by the Service Provider and wish to conclude or have concluded a sales agreement with the Seller.
1.5 All prices displayed in the Online Store are in Polish zloty (PLN) and include VAT (gross prices). Delivery costs are not included and depend on the Customer’s chosen payment and shipping method. Delivery costs are shown during the order process.
1.6 Unless expressly stated otherwise in the product description, all goods offered in the Online Store are new. The entity responsible for any physical or legal defects is TMSYS sp. z o.o., ul. Ciepłownicza 23, 31-574 Kraków, Poland.
§2 Provision of Electronic Services
2.1 The Service Provider, as part of the Online Store operations, undertakes to provide electronic services under the terms specified in these Terms.
2.2 The electronic services offered by the Service Provider are free of charge.
2.3 Terms of providing Electronic Services:
2.3.1. Customer Account Service:
- The agreement for the electronic service of maintaining a Customer Account in the Online Store is concluded upon registration.
- Registration requires providing an email address via the registration form. Other personal details can be added later at the Customer’s discretion.
- Registered Customers gain access to additional features, such as receiving updates and promotional offers (if they opt-in via the “Subscribe to Newsletter” option).
- This agreement is concluded for an indefinite period.
2.3.2. Interactive Order Form Service:
- The agreement for the electronic service of providing an interactive order form is concluded upon adding a product to the shopping cart.
- This agreement is concluded for a fixed term and ends upon order submission.
2.4 Termination of electronic service agreements:
2.4.1. The Customer may terminate an indefinite-term electronic service agreement (e.g., by deleting their account) at any time, free of charge and without providing a reason.
- 2.4.1.1. Termination may be done by sending a statement via email to info@gstarcad.eu or in writing to the Service Provider’s address.
- 2.4.1.2. The agreement will be terminated 7 days after the Service Provider receives the termination notice.
2.4.2. The Service Provider may terminate the agreement with a 7-day notice if the Customer provides unlawful content.
2.4.3. Termination or expiration of the agreement does not affect the rights already acquired by the Customers.
2.4.4. The Consumer has the right to withdraw from the electronic service agreement within 14 days of its conclusion (see §7 of the Terms).
§3 Conclusion of the Sales Agreement
3.1. The Customer may place an order using one of the following methods:
a) placing an order after registering in the online store system;
b) placing an order without registration, known as “quick purchase”;
3.2. Registered Customers place an order by adding selected products to the online shopping cart. Once all desired items have been added, the order must be placed by following the instructions provided by the store system.
3.3. When choosing the “quick purchase” option (as per §3.1.b of the Terms and Conditions), after selecting a product, the Customer should click the “add to cart” icon. They may then continue shopping or proceed to the virtual cart to finalize the purchase. To place the order, the Customer will be asked to provide their contact details, billing or invoice details, and shipping address. The Customer will then be prompted to select a delivery method and payment option. After confirming the order, a summary of the order details will be displayed.
3.4. When placing orders as described in §3.1, the Customer is obligated to provide accurate and truthful information.
3.5. During the order process, the Customer must confirm that they have read and accepted these Terms and Conditions.
3.6. The sales agreement is deemed concluded at the moment the order is placed, i.e., when the Customer clicks the “Buy and Pay” button.
3.7. Upon receipt of the order by the online store system, an automatic confirmation email will be sent to the email address provided by the Customer (subject: “Order Confirmation from…”).
3.8. If the Seller proceeds with processing the order, a separate email will be sent confirming this fact (subject: “Order Sent for Processing”).
3.9. The Customer may cancel or modify the order by:
a) contacting the Seller by phone;
b) contacting the Seller via email.
3.10. Orders are handled by the Customer Service Department on business days, i.e., Monday to Friday (excluding public holidays), from 8:00 AM to 4:00 PM.
§4 Payment, Delivery, and Collection
4.1 Payment
4.1.1. The Customer is obliged to pay the price specified in the order for the products and shipping costs.
4.1.2. The price of each product displayed in the online store is a gross price in Polish zloty (PLN) and includes applicable VAT. Shipping costs are not included in the product price and are specified during the ordering process.
4.1.3. Payment methods available to the Customer include:
a) Cash – upon personal collection;
b) Non-cash payment:
– bank transfer based on a pro forma invoice;
– installment payments via Santander Consumer Bank;
– online payments via PayU S.A., based in Poznań, ul. Marcelińska 90, 60-324 Poznań, registered under KRS number 0000274399, NIP: 779-23-08-495, with fully paid-up share capital of PLN 4,000,000;
– payment card processing by PayPro S.A., ul. Kanclerska 15, 60-327 Poznań, registered under KRS number 0000347935, NIP: 7792369887, REGON: 301345068.
4.1.4. The price displayed at the time of order placement is binding and will not change regardless of any later price adjustments in the online store.
4.2 Delivery
4.2.1. Orders placed by online store customers are prepared within 2 business days from the date the agreement is concluded (see §3.6). This timeframe includes the time needed to prepare the ordered items.
4.2.2. Deliveries are made only to addresses within the territory of Poland. For international deliveries, the Customer must contact the Seller individually.
4.2.3. Unless otherwise agreed, the Seller undertakes to fulfill the order within no more than 30 days from the Customer’s expression of intent to enter into the agreement (§3.7).
4.2.4. Delivery time depends on the method of delivery selected by the Customer and should not exceed 7 business days from the conclusion of the sales agreement (§3.6).
4.2.5. The Seller uses third-party carriers to deliver goods.
4.3 Product Collection (applies to standard deliveries)
4.3.1. Customers have the right to inspect the condition of the shipment upon delivery, prior to accepting it from the courier.
4.3.2. If the shipment appears damaged or incomplete before being handed over, the courier is obliged to immediately record the condition of the shipment and the circumstances of the damage in a report. In most cases, this is done upon the recipient’s request.
4.3.3. If damage or loss that could not be noticed externally is discovered after accepting the package, the recipient may request an inspection by the courier, but no later than 7 days from delivery.
4.3.4. In case of any issues or concerns, please contact the Seller using the phone numbers listed on the Seller’s website.
4.3.5. If personal pickup is chosen, products can be collected in person at: ul. Ciepłownicza 23, 31-574 Kraków.
§5 Personal Data
5.1. Completing the Order Form is equivalent to consenting to the processing of the Customer’s personal data by the Seller and any entity authorized by the Seller to manage the website, of which the Online Store is an integral part. The data will be processed to fulfill the order, issue invoices, and maintain financial records. The data is confidential and will not be disclosed to unauthorized persons.
5.2. The data controller is TMSYS sp. z o.o., based in Kraków, ul. Ciepłownicza 23, 31-574 Kraków, NIP: 945-215-21-44, REGON: 121393336, registered in the National Court Register by the District Court for Kraków-Śródmieście, XI Commercial Division under KRS: 0000370855, email: info@gstarcad.eu, phone: +48 12 430 04 16 (standard operator rates apply).
5.3. Personal data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR). Data will not be shared, sold, or rented to unauthorized parties. Customer data will be disclosed only to the extent necessary to fulfill the sales agreement.
5.4. Only the Data Controller (Seller) has access to the personal data.
5.5. A Customer who has completed the order form has the right to access, verify, modify, or request deletion of their personal data by notifying the Data Controller in writing at TMSYS sp. z o.o., ul. Ciepłownicza 23, 31-574 Kraków or by email at info@gstarcad.eu. More information about the processing of personal data is available in the Privacy Policy.
§ 6 Complaints
6.1. Complaints regarding purchased goods:
6.1.1. The Seller is liable to the Customer under the rules set out in the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other generally applicable provisions of law.
6.1.2. If the goods purchased by the Customer are non-compliant 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, Poland
6.1.3. It is recommended to submit complaints in writing or via email to: reklamacje@tmsys.pl. To facilitate and expedite the complaint handling process, it is advisable to include all additional relevant information such as the order number, date of purchase, etc.
6.1.3.1. Complaints are handled promptly, but no later than within 14 days.
6.1.3.2. A response to the complaint will be sent to the address provided by the Customer or by another method indicated by the Customer.
6.1.3.3. The Seller informs that in the case of Products covered by warranty, rights under the warranty should be exercised in accordance with the terms stated in the warranty card. The warranty does not exclude, limit, or suspend the Customer’s rights under the Seller’s liability as provided in the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
6.1.4. To facilitate the complaint process, the Customer may use a complaint form provided by the Seller.
6.2. Complaints related to the provision of electronic services via the Online Store:
6.2.1. Complaints concerning the provision of electronic services via the Online Store should be submitted to: reklamacje@tmsys.pl or in writing to the following address:
TMSYS sp. z o.o., ul. Ciepłownicza 23, 31-574 Kraków, Poland
6.2.2. To assist in and expedite complaint handling, please include details such as the email address, date and type of irregularity, and contact details.
6.2.3. Complaints related to the provision of electronic services are processed promptly, no later than within 14 business days.
6.2.4. The response to the complaint will be sent to the Customer’s email address or by another method provided by the Customer.
§ 7 Withdrawal from the Contract
The Seller informs that due to the nature of the sold products (computer software), the right to withdraw from the contract without giving a reason is restricted as follows:
- For programs delivered on a physical data carrier – until the packaging has been opened.
- For digital programs not supplied on a physical medium – until the download has commenced.
In each of the above cases, if the relevant conditions are met, a return may be made within 14 days.
In all other cases, the following provisions apply:
7.1. A Customer who is also a Consumer within the meaning of Article 22[1] of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended), who has entered into a distance contract, may withdraw from it without giving a reason by submitting a relevant statement within 14 (fourteen) days. Sending the statement before the deadline is sufficient. The statement may be sent to:
TMSYS sp. z o.o., ul. Ciepłownicza 23, 31-574 Kraków, Poland
or by email to: reklamacje@tmsys.pl
7.2. The 14-day withdrawal period begins on the date the Product is delivered (for sales contracts) or on the date the Service contract is concluded (for electronic services).
7.3. Upon receiving the withdrawal statement, the Seller will promptly confirm its receipt to the Consumer via email.
7.4. In the event of withdrawal, the Sales Contract or the contract for the provision of electronic services is considered null and void. All benefits exchanged by both parties must be returned in their original condition, unless the change was necessary to determine the nature, features, and functioning of the goods, or §7.7 of this Terms applies. The return must be made promptly and no later than within 14 (fourteen) days.
7.5. The Seller will refund the payments received from the Consumer using the same payment method used by the Consumer, unless the Consumer expressly agrees to a different method that does not incur any additional costs. The Seller may withhold the refund until the returned item is received or the Consumer provides proof of return, whichever occurs first.
7.6. The Consumer is responsible only for the direct cost of returning the item to the Seller.
7.7. If the Consumer has chosen a delivery method other than the least expensive standard delivery offered by the Seller, the Seller is not obligated to reimburse any additional costs.
7.8. The Consumer is liable for any diminished value of the item resulting from use beyond what is necessary to determine its nature, characteristics, and functioning.
7.9. The right to withdraw from a distance contract does not apply to the Consumer in the following cases:
7.9.1. For the provision of services, if the service was fully performed with the express consent of the Consumer, who was informed beforehand that once the service is completed, they lose the right to withdraw;
7.9.2. Where the price or remuneration depends on financial market fluctuations beyond the control of the trader, which may occur before the withdrawal period expires;
7.9.3. Where the subject of the contract is a non-prefabricated item, manufactured according to the Consumer’s specification or intended to meet their individual needs;
7.9.4. Where the item is perishable or has a short shelf life;
7.9.5. Where the item is delivered in sealed packaging and cannot be returned once opened for health or hygiene reasons;
7.9.6. Where the goods, by their nature, become inseparably mixed with other items after delivery;
7.9.7. Where the subject of the contract is alcoholic beverages whose price was agreed upon at the time of concluding the contract, and delivery may occur after 30 days, and their value depends on market fluctuations beyond the control of the trader;
7.9.8. Where the Consumer specifically requested a visit from the trader for urgent repair or maintenance services; if, during the visit, the trader provides additional services or goods other than replacement parts necessary for the repair, the right of withdrawal applies to those additional services or goods;
7.9.9. Where the contract concerns audio or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;
7.9.10. For the delivery of newspapers, periodicals, or magazines, except for subscription contracts;
7.9.11. Concluded through public auctions;
7.9.12. For the provision of accommodation (other than for residential purposes), transport of goods, car rental, catering, or leisure services, entertainment, sporting, or cultural events if the contract specifies a specific date or period of performance;
7.9.13. For the supply of digital content not delivered on a tangible medium, if performance has begun with the Consumer’s express consent before the end of the withdrawal period and after being informed of the loss of the right of withdrawal.
7.10. At the latest upon delivery of the goods, the Seller shall provide the Consumer with withdrawal instructions on a durable medium.
§ 8 Additional Information
8.1. To avoid potential discrepancies or errors, it is recommended that the devices used by the Customer to access the www.cad.sklep.pl store meet at least the following technical requirements necessary to cooperate with the IT system used by the Service Provider:
8.1.1. A computer or other mobile device with Internet access.
8.1.2. Internet browser:
a) Internet Explorer version 4.0 or newer,
b) Mozilla Firefox version 4.0 or newer,
c) Google Chrome version 1.0 or newer,
d) Safari version 1.0 or newer,
e) Opera version 1.0 or newer.
8.1.3. Active plugins – JAVA, FLASH.
8.1.4. Monitor resolution: 1024 x 768, 24 or 32-bit color.
8.1.5. The Customer must have an active email account.
8.2. Information for Customers of www.cad.sklep.pl on how to check whether the submitted order contains errors and how to correct them:
8.2.1. While placing an order and until the “Buy and Pay” button (or equivalent wording) is clicked, the Customer has the option to modify the entered data (e.g., type/quantity of products/delivery method). In case of inconsistencies, please follow the on-screen instructions and the information provided on the Store’s website and subsequent pages. In case of any issues or difficulties, please contact us via email at kontakt@cad.sklep.pl or by phone at +48 12 430 04 16 (standard call charge according to your operator’s rates).
8.3. Rules and methods of recording, securing, and providing the contents of the concluded agreement:
8.3.1. The recording, securing, and provision of the contents of the agreement takes place through:
8.3.1.1. Sending the content of the agreement to the Customer’s provided email address.
8.3.1.2. Printing and delivering the order specification and proof of purchase to the Customer along with the product or shipment.
8.3.2. The content of the concluded agreement is additionally recorded and secured in the Seller’s IT system and is made available to Customers upon request.
8.4. In matters not covered by these Terms and Conditions, the provisions of Polish law shall apply, including the Civil Code, the Act on Providing Services by Electronic Means of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended), the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827), and other relevant Polish legal regulations.
8.5. Amendments to the Terms and Conditions:
8.5.1. The Service Provider reserves the right to amend these Terms and Conditions. The Customer will be notified of such changes no later than 14 days prior to their effective date. The changes will also be clearly indicated on the Store’s website and sent to the registered Customer’s email address. Additionally, the Customer will be asked to accept the updated Terms and Conditions before placing an order.
8.5.2. The amended Terms and Conditions are binding for the Customer if the requirements set forth in Article 384 of the Civil Code are met (i.e., the Customer has been properly notified of the changes) and the Customer has not terminated the continuous electronic services agreement within 30 days.
8.5.3. Amendments to the Terms and Conditions will not infringe upon the rights acquired by Customers using the Store prior to the effective date of such changes, particularly with regard to placed and/or fulfilled orders. In such cases, the orders will be processed according to the previous version of the Terms and Conditions.
8.6. The contract for the sale of goods is concluded in accordance with Polish law and in the Polish language.
8.7. A Customer who is a Consumer, in the event of a dispute with the Seller, has the possibility to use out-of-court complaint handling and redress methods. The Consumer may:
a) request the permanent consumer arbitration court operating at the Trade Inspection to resolve the dispute arising from the concluded Sales Agreement;
b) request mediation proceedings through the voivodeship inspector of the Trade Inspection to amicably settle the dispute between the Customer and the Seller;
c) obtain free assistance in resolving the dispute between the Customer and the Seller from a district (municipal) consumer ombudsman or a consumer protection organization (e.g., Consumer Federation, Polish Consumers Association).
8.8. Any disputes arising between the Seller and a Customer who is not also a Consumer within the meaning of Article 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 having jurisdiction over the Seller’s registered office.
Personal data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR).
More information about data processing can be found in our Privacy Policy.