Regulations of Enertia.pl service

I. Definitions and General Provisions

• Service Provider / Seller – Enertia sp. z o.o. with its registered office in Świdnica, address: Ul. Kolejowa 8, 58-100 Świdnica, entered into the National Court Register (KRS) under number 0001092909, NIP: 8842824958, REGON: 528014766. The Service Provider provides electrical services and sells Products through the Enertia.pl website.
• Service – the website available at https://enertia.pl, through which the Service Provider provides Services and sells Products.
• Client – a natural person, legal person, or an organisational unit without legal personality, who uses the Service, in particular places an order for a Product or books a Service through the Service.
• Consumer – A Client who is a natural person performing a legal act with the Service Provider (e.g., concluding a distance contract) not directly related to their business or professional activity, in accordance with Article 22, paragraph 1 of the Civil Code and the Consumer Rights Act.
• Entrepreneur with Consumer Rights – A natural person conducting business activity who concludes a contract with the Service Provider directly related to their business activity, but which does not have a professional character for them (in accordance with Article 38a of the Consumer Rights Act). Such an entity, when using the Service, is covered by the protection afforded to Consumers (all provisions of these Regulations concerning the Consumer apply accordingly to this person).
• Product – A physical product offered for sale on the Website, in particular electrical components and accessories (e.g., cables, switch frames, and other electrical devices or materials).
• Digital Product – A product in the form of digital content offered on the Website, having no material form (e.g., an e-book – electronic book), delivered electronically (for download or online receipt).
• Service – An electrical service provided by the Service Provider at the Client's premises, including in particular fault diagnostics, repairs, inspections, and one-off service visits, carried out in Poland, under the terms specified in these Regulations. The Service also includes enabling the Client to book a service visit via the Website.
• Agreement – A distance contract concluded between the Client and the Service Provider via the Website. Depending on the subject of the order, the Agreement is understood as:
  – Sales Agreement – concerning the purchase of a Product or Digital Product by the Client, or
  – Service Provision Agreement – concerning the provision of an electrical Service at the Client's premises.

General Provisions: These Regulations define the rules for using the Enertia.pl Website, including the terms of providing services electronically, the terms of concluding and performing Agreements, the rights and obligations of registered and unregistered Clients, as well as the rights and obligations of the Service Provider.

1. Use of the Website is tantamount to acceptance of these Regulations. Every Client is obliged to familiarise themselves with the content of the Regulations before placing an order or booking a Service. The Regulations are available on the website in a form enabling their acquisition, reproduction, and retention (print, save to disk).
2. The Service Provider provides services and sells Products exclusively within the territory of the Republic of Poland. The language for concluding contracts is Polish, and all payments are made in Polish zloty (zł).
3. The technical condition for using the Website is having a device with Internet access and an up-to-date web browser installed that supports cookies and JavaScript. For some Digital Products (e.g., reading an e-book), appropriate software may be required (e.g., a PDF reader). The Client is responsible for meeting the aforementioned technical requirements.
4. Only a person with full legal capacity may be a Client placing an order or booking a Service. By placing an order/booking, the Client declares that they meet this condition. Persons without full legal capacity (e.g., minors) may use the Website only with the consent of their legal representative.
5. All information presented on the Website (prices, descriptions of Products and Services, availability dates, etc.) constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code, and not a commercial offer within the meaning of legal provisions. Placing an order by the Client constitutes an offer to conclude an Agreement addressed to the Service Provider. The Agreement is concluded upon confirmation of acceptance of the order by the Service Provider (see: Purchase and Payment Rules below).
6. The Service Provider makes every effort to ensure that the Website can be used 24 hours a day, 7 days a week. The Service Provider reserves that technical interruptions in access to the Website may occur (e.g., for maintenance, repair, system updates). The Service Provider will – where possible – inform about planned interruptions or difficulties on the Website pages.
7. To the extent permitted by law, the Service Provider is not liable for disruptions in the functioning of the Website caused by force majeure, equipment failure, unauthorised interference by third parties, or the Client's failure to meet technical requirements.

II. Types of Services Provided

1. Electrical Services at the Client's Premises – The Service Provider offers specialist electrical services performed at the location indicated by the Client in Poland. This particularly includes diagnostics of electrical installation failures, repairs of electrical faults, installation or replacement of electrical fittings, and other one-off service visits at the Client's premises. Service completion dates are agreed individually with the Client via the booking system available on the Website or by contacting the Service Provider.
2. Sale of Physical Products – The Website sells physical electrical goods, such as wires, cables, sockets, switch frames, light bulbs, electrical installation equipment, and other products offered in the online catalogue. The Client can view the description and price of each Product and purchase it remotely.
3. Sale of Digital Products – The Service Provider also offers products in digital form, e.g., e-books (electronic guides, instructions, etc.) related to electrical topics. Digital Products are delivered electronically, in formats indicated on the website (e.g., PDF file, ePub, etc.), ready for download after purchase.
4. Booking Service Appointments – The Service allows Customers to book appointments for electrical services. Customers can propose a date and scope of the required service using the appropriate online form. Booking requires confirmation by the Service Provider (manually or automatically) and payment of a booking fee (if required, details below in the section on Purchase and Payment Rules).

Services and Product sales are carried out in accordance with applicable Polish law and the provisions of these Regulations. The Service Provider reserves the right to expand or limit the offer of services and the range of Products presented on the Service. These changes do not affect orders already placed or reservations made, which will be fulfilled under the existing terms.

III. Purchase and Payment Rules

1. Placing Orders for Products (physical and digital)

The Customer may place an order for Products available on the Service by completing an interactive order form. The typical order process is as follows:

1. Product Selection: The Customer adds selected Products (physical or digital) to the virtual shopping cart. At any time before finalising the order, the Customer can modify the contents of the cart (adding or removing products, changing quantities, etc.).
2. Order Fulfilment Data: The Customer proceeds to the order form, where they provide the required data: first name and surname/company name, delivery address (for physical Products) or email address (for digital Products), contact details (email address, phone number), and optionally invoice details (if the Customer wishes to receive a VAT invoice).
3. Payment Method Selection: The Customer chooses an online payment method via the PayU system (which supports, among others, fast internet transfers, BLIK payments, payment cards, etc.). All payments for orders on the Service are made electronically – the Service does not support cash on delivery or cash upon collection, unless explicitly stated otherwise for a given product.
4. Acceptance of Terms: Before finalising the order, the Customer confirms that they have read and accepted these Regulations (and the Privacy Policy, if separate consent is required). Failure to accept the Regulations prevents the order from being placed.
5. Placing the Order: The Customer clicks the finalisation button (e.g., "Buy and Pay" or equivalent), which constitutes placing an order with an obligation to pay. The Customer is then redirected to the secure page of the payment operator PayU S. A., where they make payment for the order.
6. Order Confirmation: After the Service Provider receives confirmation of successful payment from PayU, the Service Provider sends an email to the Customer's email address confirming acceptance of the order for fulfilment, along with its summary (list of products, total price, delivery address, etc.). At this moment, the Sales Agreement is considered concluded.

2. Booking an Electrical Service (Service Appointment)

A Customer interested in using the Service may book an electrician's appointment via the Service or by contacting the Service Provider. The online booking procedure usually proceeds as follows:

1. Service and Date Selection: The Customer selects the type of electrical service required (e.g., repair, fault diagnosis) and the preferred date and address for the service to be performed. The Service may provide a calendar with available dates or a contact form to arrange visit details.
2. Providing Data: The Customer provides the data necessary for booking and performing the Service: first name and surname/company name, address where the service is to be performed, contact details (phone, email), and optionally additional information (problem description, visit time preferences, etc.).
3. Booking Fee: To confirm the booking, the Customer may be asked to pay a booking (handling) fee of 50 zł via the PayU system. This fee is part of the amount due for the Service and covers administrative costs associated with preparing and reserving the appointment.
4. Booking Confirmation: Upon receipt of the booking payment (if required), the Service Provider will confirm the appointment – by sending an email to the Customer or by contacting them by phone. The confirmation will include the agreed visit details (date, approximate time, scope of service). Upon confirmation of the booking by the Service Provider, an Agreement for the provision of electrical services is concluded between the Customer and the Service Provider.

Note: In the case of services to be performed within 14 days of concluding the Agreement (i.e., from the moment of booking), the Service Provider requires the Consumer's explicit request for the service to be performed on the selected date and consent to lose the right to withdraw from the Agreement after full performance of the service (details in the Cancellation and Refund Terms section below). A relevant declaration may be required to be checked when booking the service.

3. Payments and Invoicing

• All prices for Products and Services provided on the Service are gross prices (include VAT) and are expressed in Polish złoty. The price given for a given Product or Service is binding at the time the Customer places an order or reservation. The Service Provider reserves the right to change prices and introduce new Products/Services, but these changes do not apply to orders and reservations placed before the price change was published.
• Payments are handled by PayU S. A. with its registered office in Poznań (60-166), ul. Grunwaldzka 182, KRS: 0000274399. PayU is a payment operator that ensures secure online transaction authorisations. By using PayU payments, the Customer can choose from available payment methods (including fast transfers from selected banks, Visa/MasterCard payment, BLIK, etc.). Payment data is entered by the Customer directly on PayU's secure pages – the Service Provider does not have access to this data (such as credit card numbers).
• Order fulfilment (dispatch of a Product or provision of a digital Product) occurs after the Service Provider receives confirmation of positive payment authorisation from PayU. Service fulfilment (visit execution) occurs on the agreed date after the required reservation payment or full payment has been made (as agreed during reservation).
• The Service Provider issues a sales document for each transaction. By default, this is a fiscal receipt attached to the shipment (for physical Products) or sent electronically (for digital Products and services). At the request of a Client who is an entrepreneur or at the request of a Consumer, the Service Provider will issue a VAT invoice. When placing an order/reservation, the Client may provide invoice details. The invoice may be delivered to the Client electronically (PDF to email), to which the Client agrees by accepting these Regulations.
• In the event of non-payment by the Client (e.g., interruption of the payment process or rejection of the transaction by PayU/bank), the order or reservation will not be accepted for fulfilment. If, for technical reasons, payment is not recorded, but the Client's account has been debited, they should contact the Service Provider to clarify and confirm the transaction.
• Promotions, discounts and discount codes: The Service Provider may periodically offer promotions or discount codes reducing the price of selected Products or Services. Promotions do not combine with each other, unless the terms and conditions of a given promotion state otherwise. Detailed terms of promotions will be provided each time on the Service's pages.

4. Conclusion and refusal to conclude a Contract

• A sales contract or a service provision contract is concluded at the moment the Client receives confirmation of order/reservation acceptance from the Service Provider (sent via email).
• The Service Provider reserves the right to refuse to fulfil an order or reservation in justified cases, in particular when: a) the order form contains glaring omissions or errors preventing fulfilment (e.g., incorrect email address or lack of delivery address), b) payment has not been authorised, the card has been rejected, or the transaction has been deemed potentially suspicious by the payment operator, c) there was an obvious error on the Service's website regarding the price or description of the Product (e.g., price 0 zł or grossly underestimated in relation to market value due to a system error). In the event of refusal to fulfil an order/reservation, the Service Provider will inform the Client of the situation (via email or phone) and immediately (no later than within 14 days) return all received payments related to that transaction.

IV. Delivery of products and service fulfilment

1. Delivery of physical Products

• Delivery territory: The sale and delivery of physical Products is carried out exclusively within Poland.
• Delivery methods: Ordered goods are delivered via courier companies or Poczta Polska – according to the choice made by the Client when placing the order (available delivery options and their costs are presented during the order process). The Service Provider may also enable personal collection of products, if such an option is explicitly indicated on the Service.
• Delivery costs: The cost of Product delivery is borne by the Client, unless it is explicitly stated that delivery is free (e.g., during a promotion or when a certain order value is exceeded). The amount of the delivery fee depends on the chosen method and is provided to the Client during the order placement (before final purchase approval).
• Shipping time: The Service Provider makes every effort to dispatch goods as quickly as possible. The estimated shipping time (preparation of the package for dispatch) is usually 1-3 working days from the moment payment is credited. Delivery by a courier company usually takes 1-2 working days from dispatch (in the case of Poczta Polska, it may be 2-5 working days). The total maximum delivery period should not exceed 30 calendar days from the date of concluding the Contract, in accordance with the provisions of the Consumer Rights Act. Otherwise, the Consumer has the right to call upon the Service Provider to fulfil the delivery within an additional appropriate time, and after its ineffective expiry – to withdraw from the contract.
• Confirmation of receipt: Couriers usually require the recipient's signature upon delivery of the shipment. At the moment the Client (or a person authorised by them) acknowledges receipt of the goods on the waybill, the risk of accidental loss or damage to the goods passes to the Client. If the Client is a Consumer or an Entrepreneur with consumer rights – this risk passes to them only at the moment the item is handed over (shipment collection). It is recommended that the Client, as the recipient, if possible, checks the condition of the shipment in the presence of the courier. In case of damage to the package or violation of the packaging, it is advisable to draw up a damage report in the presence of the courier and immediately contact the Service Provider. This will facilitate the pursuit of any claims against the carrier.
• Non-collection: In the event of the Client not collecting the shipment within the specified period (e.g., after two unsuccessful delivery attempts by the courier or failure to collect the shipment from the post office on time), the package will be returned to the Service Provider. The Service Provider will contact the Client to arrange re-shipment. The Client may be charged additional costs for re-shipment, unless non-collection occurred due to reasons beyond the Client's control.

2. Delivery of digital Products

• Digital Products (e.g., e-books) are delivered to the Client in electronic form. After payment is credited, the Client will receive an email to the provided email address with a link to download the purchased electronic file or instructions for accessing the digital product (e.g., access code, email attachment, etc.).
• Digital products are delivered immediately upon conclusion of the Agreement and payment of the order, but no later than within 2 working days from that moment (usually a few minutes to several hours, depending on system load).
• The download link for an e-book or other digital file may be secured (e.g., a one-time link valid for a specific period, or a limited number of downloads). The Customer should secure the file on their device immediately upon receipt. In case of problems with access to the digital product (e.g., link expired, email not received, file not opening), the Customer should contact the Service Provider – the link will be made available again or the file resent.
• The Service Provider ensures that the delivered digital Products comply with the description and have the functionalities presented on the Website. Any technical security measures or restrictions (e.g., watermark, DRM, necessity to register an account in a specific reading application) will be clearly indicated in the product description before purchase.

3. Provision of Electrical Services (customer visits)

• On the date agreed during booking, an electrician representing the Service Provider will attend the address indicated by the Customer to perform the ordered Service. The Customer is obliged to enable the work to be carried out – in particular, to provide access to the rooms, devices, and installations covered by the service, and to ensure conditions compliant with health and safety regulations (e.g., power cut-off if required, safe working environment).
• The Service will be performed with due diligence, in accordance with the description and scope agreed with the Customer. If, during the performance, it becomes necessary to extend the scope of work or purchase additional materials, the contractor will inform the Customer and obtain their acceptance of the new terms (including any additional costs) before continuing the work. The Customer has the right to refuse additional work beyond the original scope – in such a case, the Service Provider will perform the service within the original scope or, if impossible, will terminate it at the stage agreed with the Customer.
• After the Service is performed, the electrician may ask the Customer to sign a work acceptance protocol or other document confirming the completion of the service. It is recommended that the Customer verifies the quality of the work performed on site. Any comments regarding the manner of service performance should be reported immediately so that the Service Provider can clarify or correct them on site (if possible). This does not exclude the Customer's right to submit a complaint later, in accordance with the Complaints and Liability section of the Regulations.
• Service Costs: The total price for the service may consist of a travel/service fee (e.g., the aforementioned booking fee of 50 zł) and the cost of performing a specific repair or installation (labour and any spare parts/materials). Where possible, an estimated cost will be provided to the Customer before work begins. The final price depends on the actual scope of the service performed and will be presented to the Customer for acceptance after the work is completed. If the Customer is a Consumer or an Entrepreneur with consumer rights, and the full price of the service turns out to be significantly higher than estimated before its commencement, the Customer has the right to withdraw from its continuation (they will then only pay for the actually performed scope/stage of the service).
• Customer Absence / Inability to Perform: If the service cannot be performed due to reasons attributable to the Customer (e.g., Customer's absence at the indicated address at the agreed time, lack of access to the facility/device, inappropriate conditions preventing work), the Service Provider will contact the Customer to arrange a new date. At the same time, the handling fee of 50 zł is non-refundable and will be used to cover travel costs and time reserved by the service team. Any re-scheduling of a visit may require payment of another booking fee, unless otherwise agreed by the parties.

V. Cancellation and Refund Conditions

1. Consumer's Right to Withdraw from the Contract (Product Return)

A Customer who is a Consumer (or an Entrepreneur with consumer rights) has the right to withdraw from a distance contract without giving any reason and without incurring costs (except for the costs specified below) within 14 days. These periods are calculated as follows:

• For a Contract for the sale of a physical Product: the 14-day period is counted from the day on which the Consumer (or a person indicated by them, other than the carrier) took possession of the Product, i.e., received the shipment. If the order included multiple Products delivered separately, the 14-day period is counted from taking possession of the last of the delivered products.
• For a Contract for the sale of a digital Product: the 14-day period is counted from the day the Contract was concluded (receipt of confirmation of purchase of an e-book or other digital file). Note: if the Consumer consented to the delivery of digital content before the expiry of the withdrawal period and was informed about the loss of the right of withdrawal, this right does not apply from the moment the performance began (see the point below regarding exceptions).
• For a Service Contract: the 14-day period is counted from the day the Contract was concluded (service booking confirmation). However, if the Consumer requested the performance of the service before the expiry of the withdrawal period and the Service was fully performed with their express consent, the right of withdrawal does not apply from the moment the service is fully performed (details in the exceptions below).

To exercise the right of withdrawal, the Consumer must submit an unambiguous statement of withdrawal from the contract – for example, in the form of a letter sent by post or an email message. The Consumer may use the model withdrawal form, which is an annex to the Ustawy o prawach konsumenta (Consumer Rights Act) (the form can be obtained from the Service Provider upon request), but this is not obligatory. To meet the 14-day deadline, it is sufficient to send the statement before its expiry.

Effects of withdrawal from the contract:

• The contract is considered null and void, and the parties shall return to each other the services rendered. This means that:
  – The Consumer is obliged to return the Product received (in an unchanged state, unless the change was necessary within the limits of ordinary management, i.e., the Consumer may inspect the product in the same way they would in a physical store, but cannot fully use it if they plan to return it). The return should take place no later than 14 days from the day the Consumer withdrew from the contract. To meet the deadline, it is sufficient to send the item back before its expiry.
  – The Service Provider shall refund the Consumer all payments made by them, including the costs of delivering the product to the Consumer (with the exception of additional costs resulting from the delivery method chosen by the Customer other than the cheapest ordinary delivery method offered by the Service Provider). The refund will be made immediately, no later than 14 days from receiving the Consumer's statement of withdrawal from the contract. If the contract concerned the sale of goods, the Service Provider may withhold the refund of payments received from the Consumer until the product is received back or the Consumer provides proof of its dispatch – whichever event occurs first.
  – The refund will be made using the same payment method as used by the Consumer (e.g., to the same card from which the order was paid, or to the same bank account), unless the Consumer has expressly agreed to a different solution – in any case, the Consumer will not incur any fees in connection with the form of refund.
  – The Consumer bears the direct costs of returning the product to the Service Provider (cost of return shipping), unless the Service Provider has agreed to bear them or has not informed the Consumer of the need to bear these costs.
  – If the Consumer chose a product delivery method other than the cheapest ordinary method offered by the Service Provider, the Service Provider is not obliged to refund the Consumer for the additional costs incurred by them (in accordance with art. 33 Ustawy o prawach konsumenta).
  – The Consumer is liable for any decrease in the value of the returned product resulting from its use in a manner exceeding what is necessary to ascertain the nature, characteristics, and functioning of the item. In other words, if the Consumer used the item more extensively than for a simple inspection (e.g., used the device for several days, causing wear and tear), the Service Provider has the right to deduct the equivalent of the lost value of the item from the refund amount.

Exceptions to the right of withdrawal: In accordance with art. 38 Ustawy o prawach konsumenta, the right to withdraw from a distance contract does not apply to the Consumer, among others, in relation to contracts:

• for the provision of services, if the Service Provider has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Service Provider has fulfilled the service, they will lose the right to withdraw from the contract;
• for the supply of digital content which is not supplied on a tangible medium (e.g., downloadable files), if the performance (supply of content) has begun with the express consent of the Consumer before the expiry of the withdrawal period and after the Service Provider has informed them of the loss of the right of withdrawal;
• where the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy their individual needs (e.g., cables cut to the size ordered by the Customer);
• where the subject of the service is an item liable to deteriorate rapidly or having a short expiry date;
• 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;
• for the supply of newspapers, periodicals, or magazines (with the exception of subscription contracts);
• for the supply of sealed audio or video recordings or computer software, if the package was opened after delivery; (The above examples are for informational purposes; the full catalogue of exceptions can be found in art. 38 Ustawy o prawach konsumenta.)

If a given order falls under any of the above exceptions, the Consumer will be informed of this no later than at the time of placing the order. In cases where the right of withdrawal is excluded, the Consumer will not be able to cancel the contract after its conclusion without giving a reason and without incurring costs.

2. Customer's Cancellation of the Service

The Customer has the right to cancel the ordered Service (withdraw from the Service Agreement) before its full performance. The rules for cancelling a service reservation are as follows:

• Cancellation before the performance date: A Customer who wishes to cancel a scheduled visit (Service) should immediately inform the Service Provider – by phone or email, providing details that allow identification of the reservation (name, address, date of visit).
• Refund for service upon withdrawal: If the Customer (Consumer) withdraws from a distance service contract within 14 days of its conclusion (reservation) and the service has not yet been fully performed, the Service Provider will refund the Customer the payments made for that service, with the exception of a 50 zł handling fee, which is non-refundable. This amount corresponds to the costs incurred by the Service Provider in connection with preparing for the service (booking a date, logistical costs, specialist's time blocking, etc.) and constitutes part of the service performed by the Service Provider before withdrawal (in accordance with art. 35 ust. 1 Ustawy o prawach konsumenta, a Consumer who requested the commencement of the service before the expiry of the withdrawal period is obliged to pay for the services performed until the moment of withdrawal from the contract).
• Administration fee of 50 zł: In the case of prepayment for the service, an amount of 50 zł will be deducted from the amount refunded to the Customer. If the Customer has only paid the 50 zł reservation fee (the rest of the amount was to be paid after the service was performed), this fee will not be refunded. The administration fee is also non-refundable if the service was not carried out due to the Customer's fault (e.g., absence – in accordance with the provisions of section IV.3 above).
• Consumer's withdrawal after partial performance of the service: If the Consumer withdraws from a service contract that has already been partially performed with their consent (e.g., implementation has begun but not fully completed), the Consumer is obliged to pay for the performance rendered to date. The Service Provider will calculate this amount proportionally to the scope of the service performed, taking into account the agreed price for the entire service. If this amount exceeds the 50 zł administration fee, the Consumer covers the difference (provided that work of greater value was actually performed before withdrawal). Otherwise, the retained 50 zł fee covers the costs of the Service Provider's actions to date.
• No right of withdrawal after service performance: If the Service Provider has fully performed the agreed Service (visit and repair) with the Customer's consent before the expiry of 14 days from the conclusion of the contract, the Consumer loses the right to withdraw from the contract after the service has been performed (in accordance with art. 38 pkt 1 Ustawy o prawach konsumenta). This means that after the service has been completed, the Customer cannot demand a refund of the price paid solely because the contract was concluded remotely. Of course, they retain the right to complain if the service was performed improperly.
• Cancellation confirmation: Upon receiving information from the Customer about the cancellation of the service/withdrawal from the contract, the Service Provider will send the Customer a reservation cancellation confirmation (via e-mail). The refund of due funds (after deducting the administration fee, if applicable) will be made no later than 14 days from the date of receipt of the Customer's statement of resignation, to the account or card from which the payment was made (unless another refund method has been agreed upon).

Important: The provisions of this point do not exclude or limit the Consumer's statutory right to withdraw from the contract resulting from the Ustawy o prawach konsumenta. They aim to clarify the rules for cost refunds in the event of exercising this right in relation to services provided before the expiry of the withdrawal period. In case of any interpretative doubts, the absolutely binding provisions of consumer law shall prevail.

VI. Complaints and Liability

1. Complaints regarding Products (warranty for defects / non-conformity of goods with the contract)

The Service Provider undertakes to provide Customers with Products free from physical and legal defects and in conformity with the contract. If the purchased Product turns out to be defective or non-compliant with the description/offer, the Customer has the right to lodge a complaint under warranty (for Customers who are not Consumers) or due to the lack of conformity of the goods with the contract (for Customers who are Consumers, in accordance with the Ustawy o prawach konsumenta).

• A Customer who is a Consumer (or an Entrepreneur with consumer rights) may, in the event of non-conformity of the goods with the contract, exercise the rights provided for in chapter 5 of the act of 30 May 2014 on consumer rights and relevant provisions of the Kodeks cywilny. This means that in the event of a physical or legal defect in the product or its non-conformity with the contract, the Consumer has the right to demand that it be brought into conformity with the contract, i.e., free repair or replacement of the goods with new ones. If neither repair nor replacement is possible or would incur excessive costs, or if they have not been carried out by the Service Provider within a reasonable time, the Consumer may demand a price reduction or – if the defect is significant – withdrawal from the contract (money refund). When assessing the Consumer's claims, the Service Provider will take into account all mandatory deadlines and provisions resulting from the aforementioned act. The Service Provider is liable for the lack of conformity of the goods with the contract existing at the time of its delivery and revealed within 2 years from that moment (unless the product's shelf life is shorter, in which case liability is limited to that period). It is presumed that the lack of conformity that became apparent before the expiry of 2 years from the delivery of the product existed at the time of delivery (unless otherwise indicated by the nature of the item or defect).
• A Customer who is not a Consumer (company/entrepreneur) has the right to lodge a complaint based on the warranty provisions contained in the Kodeks cywilny, provided that, in accordance with these Regulations, the Service Provider's liability under warranty for defects towards such Customers is limited: all warranty claims expire after 1 year from the delivery of the product (art. 558 §1 K.c. allows for shortening the term for entrepreneurs). Furthermore, if a Customer who is not a Consumer did not examine the item in the time and manner customary for items of this kind and did not immediately notify the Service Provider of the detected defect (or if the defect became apparent later – did not notify immediately after its discovery), they lose their warranty rights (in accordance with art. 563 K.c.).

2. Complaints regarding Services

The Service Provider undertakes to properly perform the electrical Services provided. However, if the performed service has defects or was performed improperly (e.g., the problem was not resolved as ordered, the fault recurs within a short time, the work was performed contrary to good practice or agreements), the Customer has the right to lodge a complaint regarding the performed Service.

• As part of a service complaint, the Client may specifically demand: re-performance of the service or rectification of defects (if possible), a reduction in the service fee proportionate to the identified faults, and in the case of significant defects – even withdrawal from the service contract and a refund of part or all of the amount paid. The Service Provider may propose an appropriate solution to the Client (e.g., fault correction at the earliest possible date, a discount on future services, partial refund of remuneration, etc.) in accordance with the provisions of the Civil Code regarding warranty for defects in work/goods and principles of fairness.
• Unless it poses a threat to property or safety, it is recommended that if a defect is noticed in the performed service, the Client should not make corrections or interventions independently (unless it is necessary in an emergency) and should allow the Service Provider to verify the actual state. Unauthorised alterations may hinder the identification of the problem's causes and potentially affect the scope of the Service Provider's liability.

3. Complaint Submission Procedure

• Method of submission: The Client may submit a complaint regarding a product or service in writing to the Service Provider's registered office address or electronically (e-mail) to: kontakt@enertia.pl. To facilitate the procedure, it is recommended that the Client includes in the complaint: their contact details, order number or service date, a description of the identified defect or non-conformity, and the request (expected method of complaint resolution: e.g., repair, replacement, refund, re-performance of service, etc.). Where possible, it is advisable to attach documentation, e.g., photos of the defective product or fault, which will streamline the complaint handling process.
• Deadline for reporting a defect: For Consumers, there is no strict deadline for reporting a defect (however, it should be done within a reasonable time from its discovery). Consumers are advised to inform the Service Provider about a defect in goods within 2 months of its discovery – reporting within this period ensures compliance with art. 568 §2 K.c. (although formally this provision concerned warranty, currently, in relation to Consumers, provisions on non-conformity of goods with the contract apply). In the case of services, complaints should also preferably be reported as soon as possible after noticing the problem.
• Confirmation of complaint receipt: If the complaint was submitted by e-mail, the Service Provider will promptly confirm its receipt by replying to the Client's message. In the case of a complaint by post – at the Client's request, confirmation may be sent by e-mail or post.
• Complaint handling: The Service Provider undertakes to handle the complaint of a Client who is a Consumer (or an Entrepreneur with consumer rights) no later than within 14 calendar days from the date of its receipt. The Client will be informed of the outcome of the complaint handling in the manner chosen by them (in writing or by e-mail). Lack of response from the Service Provider within the above deadline means that the complaint has been accepted (resolved in accordance with the Client's request). In the case of Clients who are not Consumers, the Service Provider will also endeavour to handle the complaint as soon as possible, but the 14-day statutory period does not apply to them.
• Procedure in case of complaint acceptance: If the complaint is upheld, the Service Provider will take appropriate action:
  – In the case of a Product: the goods will be repaired or replaced with new (fully functional) ones within a reasonable time, without undue inconvenience to the Client. If repair or replacement is not possible or would be too difficult, the Service Provider will refund the Client the amount for the defective product or grant an appropriate discount (price reduction) – in accordance with agreements with the Client and applicable regulations. When returning defective goods, the Service Provider covers the return shipping costs.
  – In the case of a Service: the Service Provider, depending on the nature of the report, will free of charge correct/re-perform the service within a period agreed with the Client or propose another solution compensating for the defects (e.g., partial refund of remuneration, price reduction). If the Client has paid in advance for the service and withdraws from the contract due to defective performance, the Service Provider will refund the appropriate part or all of the received remuneration.
• Complaint rejection: In the event of a complaint being dismissed (deemed unfounded), the Service Provider will inform the Client of this decision along with the justification. If the Client disagrees with the decision, they may use available methods of pursuing claims (see Final Provisions – amicable and judicial dispute resolution).

4. Warranty

If a warranty document (manufacturer's or distributor's warranty) was provided with the Product, the Client may also complain about the product based on the terms of this warranty – directly to the guarantor (the entity providing the warranty). Exercising warranty rights does not exclude or limit the possibility of simultaneously pursuing claims under warranty/non-conformity of goods with the contract from the Seller. The Service Provider does not provide a separate warranty for the Products sold, unless explicitly stated in the product description. All standard manufacturer warranties (e.g., 24-month warranty for an electrical device) apply on the terms specified in the warranty documents attached to the Product.

5. Service Provider's Liability — additional provisions

• Disclaimer for entrepreneurs: To the fullest extent permitted by law, the Service Provider shall not be liable to Customers who are not Consumers for lost profits, business interruptions, loss of data, or any indirect, consequential, or incidental damages related to the use of the Service or the non-performance/improper performance of the contract. The Service Provider's contractual liability to such Customers is limited to the amount of actual damage incurred and may not exceed the amount paid by the Customer to the Service Provider for the transaction/service giving rise to the claim.
• Nature of information on the Website: The Service Provider makes every effort to ensure that product and service descriptions are accurate and reliable. Nevertheless, minor differences in the appearance of products presented in photos (e.g., colour shade due to monitor settings) do not constitute grounds for complaint – the product description and its actual features are decisive. Information contained in articles, guides, or e-books available on the Website is general and educational in nature – the Service Provider is not responsible for any damages resulting from applying this information without consulting an authorised specialist in an individual situation.
• Force Majeure: The Service Provider shall not be liable for the non-performance or improper performance of its obligations if caused by force majeure, understood as an external event, impossible to foresee and prevent (e.g., natural disasters, widespread power outages, acts of war, general strikes, hacker attacks, etc.). In the event of force majeure, the performance of the Service Provider's obligations shall be suspended for the duration of the force majeure. The Service Provider undertakes to immediately inform the Customer of the occurrence of force majeure and to establish new terms of performance (e.g., new delivery date or service execution) after the cessation of the force majeure.
• Liability for third-party content: The Website may contain links to third-party websites. The Service Provider is not responsible for the content published on these websites or for the availability or quality of services provided by these third parties. The Customer should familiarise themselves with the terms and conditions and privacy policies of these websites before using their services.

The provisions of this section are not intended to exclude or limit the Service Provider's liability to the Consumer in a manner inconsistent with applicable law. In the event of a conflict between the provisions of this chapter and mandatory legal provisions (especially those regulating consumer protection), these provisions shall prevail.

VII. Personal Data Protection (GDPR)

1. Personal data controller: The controller of Customers' personal data provided in connection with the use of the Website is the Service Provider – Enertia sp. z o.o. with its registered office in Świdnica, address: ul. Kolejowa 8, 58-100 Świdnica. The Customer may contact the Data Controller regarding privacy protection and the exercise of their rights via e-mail: kontakt@enertia.pl or in writing to the Data Controller's registered office address.
2. Purposes and legal basis for data processing: Customers' personal data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (the GDPR) and other relevant data protection provisions. The Controller processes Customers' personal data for the following purposes:
   • Order and service fulfilment (contract performance): for the purpose of concluding and performing a Sales Agreement or providing a service (legal basis: Article 6(1)(b) GDPR – necessity for the performance of a contract). This includes, among others, processing address data for shipping goods, contact data for order/reservation confirmation and detail arrangement, and data required for issuing a sales document.
   • Payment processing: to enable online payments via PayU (basis: Article 6(1)(b) GDPR – performance of a contract; regarding the transfer of data to the payment operator – Article 6(1)(f) GDPR – legitimate interest of the Controller in ensuring secure and efficient payment processing).
   • Goods delivery: to transfer address data to a courier company or Poczta Polska so that they can deliver the ordered goods (basis: Article 6(1)(b) GDPR – performance of a contract).
   • Handling complaints, returns, pursuing claims: to handle any Customer claims (warranty claims, withdrawal from contract, payment refunds) and to pursue any claims by the Controller (basis: Article 6(1)(c) GDPR – legal obligation under consumer and warranty provisions; Article 6(1)(f) GDPR – legitimate interest in establishing, pursuing, or defending claims).
   • Accounting and tax purposes: to fulfil legal obligations incumbent on the Controller, e.g., issuing and storing invoices, documenting sales for tax purposes (basis: Article 6(1)(c) GDPR in conjunction with accounting and tax ordinance provisions).
   • Customer contact: to answer Customer inquiries, communicate regarding placed orders or service reservations (basis: Article 6(1)(b) GDPR – performance of a contract or actions taken at the request of the data subject prior to entering into a contract; possibly Article 6(1)(f) GDPR – legitimate interest in ensuring high-quality customer service).
   • Direct marketing of own products/services: (if the Customer gives separate consent or if there is another legal basis for this, e.g., the Administrator's legitimate interest in the case of current customers) – for the purpose of sending commercial information, newsletters, and promotional offers regarding the Administrator's activities. The legal basis is consent (Article 6(1)(a) GDPR) or, in specific situations, legitimate interest (Article 6(1)(f) GDPR) in accordance with Article 10 of the Act on Providing Services by Electronic Means and Article 172 of the Telecommunications Law. The Customer has the right to object to the processing of data for direct marketing purposes at any time.
3. Scope of data collected: The Administrator limits the collection of personal data to the extent necessary to achieve the purposes indicated above. When placing an order or booking a service, the Customer primarily provides: first and last name (or company name and NIP), address (for delivery or service execution), email address, contact phone number, and data needed for payment (e.g., automatically assigned order number, transaction amount – payment card data is provided directly to the PayU operator and is not accessible to the Administrator). Providing data marked as mandatory is voluntary but necessary for the conclusion and execution of the contract – without providing them, the execution of the order or service may be impossible.
4. Sharing data with other entities: Customers' personal data may be transferred to the following categories of recipients:
   • Payment operator: PayU S. A. – to the extent necessary to process the payment (e.g., first and last name, email address, phone number, transaction amount, device IP). PayU processes this data as a separate administrator for payment processing, in accordance with its terms and conditions and privacy policy.
   • Courier companies / Poczta Polska: to the extent necessary for parcel delivery (first and last name, delivery address, contact phone number – for the courier to arrange delivery time).
   • IT service providers: entities providing website hosting, maintaining e-commerce software or other IT services for the Administrator – under appropriate data processing entrustment agreements, guaranteeing that such entities process data solely for the purpose and scope indicated by the Administrator.
   • Accounting office / legal advisors: entities supporting the Administrator in fulfilling accounting obligations or pursuing legal claims – to the extent that they become data administrators (e.g., data on invoices transferred to the accounting office) or a processing entity acting on behalf of the Administrator.
   • Public authorities: to the extent that the Administrator is obliged to provide data based on generally applicable legal provisions (e.g., at the request of law enforcement agencies, tax authorities, UODO, etc.).

   The Administrator ensures that every instance of data transfer to third parties takes place in accordance with the principle of legality, and these entities are obliged to protect data at the level required by law. Personal data is not transferred to third countries (outside the European Economic Area) or to international organisations, unless it results from an explicit request from the Customer (e.g., sending a product abroad at the Customer's explicit request – which is not standardly offered by the Service).

5. Data retention period: Personal data will be stored by the Administrator for no longer than is necessary to achieve the purposes for which it was collected.
   • In relation to data processed for the purpose of contract performance – for the duration of the contract, and then until the expiry of the limitation period for any claims arising therefrom (which is usually 2 years for consumer claims or 3 years/exceptionally 6 years for property claims, counting from the end of the calendar year in which the claim arose).
   • Data related to accounting documentation (e.g., invoices, receipts containing personal data) will be stored for the period required by tax law and the Accounting Act, i.e., 5 years counting from the end of the financial year to which the data relates.
   • Data processed based on consent (e.g., for marketing purposes, newsletter) – until the Customer withdraws consent. After withdrawing consent, data may be stored for some time for archival purposes (to demonstrate compliance of processing before consent withdrawal) or for the possible establishment, exercise, or defence of claims related to processing – however, no longer than the limitation period for these claims.
   • Data concerning the user account (if the account functionality is introduced in the Service) – will be stored as long as the account is active. After the account is deleted, data may still be stored to the necessary extent (e.g., information about placed orders – see above for contract periods).

   After the expiry of the above-mentioned periods, the Customer's personal data will be deleted or anonymised in a way that prevents identification of the person concerned, unless there is another legal basis for their further processing (e.g., further Customer consent, new order, etc.).

6. Rights of data subjects: Every Customer (and every person whose personal data the Administrator processes) has the following rights:
   • Right of access to data – to obtain confirmation from the Administrator as to whether personal data concerning them is being processed, and if so – to obtain access to it and information, among other things, about the purposes, scope, method of processing, and recipients of this data.
   • Right to rectification of data – to request the Administrator to promptly correct personal data that is inaccurate, or to complete incomplete data.
   • Right to erasure ('right to be forgotten') – to request the Administrator to erase personal data if the circumstances provided for in Article 17 of the GDPR apply, including when the data are no longer necessary for the purposes for which they were collected, or the data subject has objected to the processing and there are no overriding legitimate grounds for processing. Please note that in certain situations, the right to erasure does not apply, e.g., when processing is necessary for compliance with a legal obligation (the Administrator cannot delete data contained in an invoice before the expiry of the statutory retention period).
   • Right to restriction of processing – to request that the Administrator temporarily suspend the processing of personal data (except for their storage) in specific cases, e.g., when the data subject disputes the accuracy of the data or has objected – for a period allowing these issues to be resolved.
   • Right to data portability – to receive personal data provided to the Administrator in a structured, commonly used format (e.g., CSV) and to request their direct transmission to another administrator, if technically feasible. This right applies only to data processed based on consent or a contract and processed by automated means.
   • Right to object – to object to the processing of personal data based on the legitimate interests of the Administrator (Article 6(1)(f) GDPR), for reasons relating to the data subject's particular situation. In such a case, the Administrator will consider whether it can still process the data due to the existence of valid, legitimate grounds overriding the interests, rights, and freedoms of the data subject, or grounds for the establishment, exercise, or defence of legal claims. If the objection concerns the processing of data for direct marketing purposes – it is absolutely binding for the Administrator and means the cessation of such processing.
   • Right to withdraw consent – if data processing is based on separate consent (Article 6(1)(a) GDPR), the data subject has the right to withdraw this consent at any time, which does not affect the legality of processing carried out before the withdrawal of consent. Withdrawal of consent can occur, for example, by sending an email to the Administrator or (in the case of email marketing communication) by clicking on the unsubscribe link.

   To exercise their rights, the data subject may contact the Data Administrator (contact details indicated above). The Administrator will respond and take the requested actions without undue delay – within a maximum of one month from receiving the request (this period may be extended by another two months if necessary due to the complex nature of the request or the number of requests, of which the Administrator will inform).

7. Right to lodge a complaint: If the data subject believes that the processing of their personal data violates applicable data protection regulations (including the GDPR), they have the right to lodge a complaint with the supervisory authority. In Poland, the supervisory authority is the President of the Personal Data Protection Office (PUODO), address: ul. Stawki 2, 00-193 Warszawa. A complaint may be submitted in writing or electronically to the PUODO in accordance with the procedures described on the office's website.
8. Data Security: The Administrator applies appropriate technical and organisational measures aimed at securing processed personal data against accidental or unlawful destruction, loss, modification, unauthorised disclosure, or access. Data transmitted within the Service (e.g., when placing an order) are protected by the SSL encryption protocol. Access to personal data is granted only to authorised employees or collaborators of the Administrator and authorised entities, to the extent necessary to achieve the processing purposes.
9. Cookies: The Service may use cookies or similar technologies to ensure its proper functioning, adapt it to user preferences, and for statistical and analytical purposes. Detailed information on the use of cookies can be found in chapters 8 and 9 of the Privacy Policy available on the website. The Client can manage cookie settings using their internet browser settings.

VIII. Final Provisions

1. Compliance with law: These Regulations have been prepared based on the applicable laws of the Republic of Poland, in particular: the Act of 23 April 1964 – Kodeks cywilny, the Act of 30 May 2014 – o prawach konsumenta, the Act of 18 July 2002 – o świadczeniu usług drogą elektroniczną, the Act of 10 May 2018 – o ochronie danych osobowych, as well as the GDPR Regulation (EU 2016/679) and other relevant legal acts. The provisions of the Regulations are not intended to exclude or limit any rights of the Client resulting from absolutely binding legal provisions. In the event of any inconsistency between the provisions of these Regulations and applicable laws, those laws shall prevail and shall be applied.
2. Matters not regulated: In matters not regulated by these Regulations, the relevant provisions of Polish law shall apply, including the legal acts listed above.
3. Changes to the Regulations: The Service Provider reserves the right to amend these Regulations for valid reasons, which include in particular: changes in legal provisions affecting the content of the Regulations, changes in payment or delivery methods, changes in the legal form of the Service Provider's business, expansion or modification of the Service's offer, the need to clarify or correct obvious errors. The Service Provider will inform about each change to the Regulations by making the consolidated text of the Regulations available on the Service's websites and – if the Customer has an account in the Service or has subscribed to the newsletter – by sending information about the change to the Customer's e-mail address (at least 14 days before the changes come into force). The amended Regulations are binding on the Customer who does not terminate the agreement for the provision of electronic services (e.g., user account) before the effective date of the changes and continues to use the Service. With regard to orders and agreements already completed or in progress, the Regulations in force at the time of placing the order/concluding the agreement apply (changes to the Regulations do not have retroactive effect).
4. Resolution of disputes with Consumers: The Service Provider aims to resolve any disputes arising in connection with concluded agreements amicably. A Customer who is a Consumer has the option to use out-of-court methods of complaint resolution and claim assertion. Information on how to access these procedures is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers), Provincial Inspectorates of Trade Inspection, and at the following internet addresses:
   – Website of the Office of Competition and Consumer Protection (UOKiK): https://www.uokik.gov.pl – "Consumer Dispute Resolution" section.
   – ODR (Online Dispute Resolution) Platform: The Consumer has the right to use the EU online ODR platform, available at: https://ec.europa.eu/consumers/odr. The ODR platform provides a single point of access for Consumers and businesses wishing to resolve disputes out-of-court concerning contractual obligations arising from online sales agreements or service agreements. Use of the ODR platform is voluntary and free of charge. The Service Provider's e-mail address for ODR contact: kontakt@enertia.pl.
   – The Service Provider informs that it is not obliged to use out-of-court dispute resolution methods, unless this results from absolutely binding provisions. Nevertheless, it will in good faith consider using mediation or another amicable dispute resolution at the Consumer's request.
5. Court jurisdiction: Any disputes arising between the Service Provider and the Customer (not being a Consumer) shall be submitted to the court having jurisdiction over the Service Provider's registered office. In the case of disputes with a Customer who is a Consumer, the court's jurisdiction and the procedure for asserting claims are determined by generally applicable legal provisions (the locally competent court in accordance with the Code of Civil Procedure – usually the court competent for the place of residence or registered office of the defendant or the place of performance of the agreement).
6. Contact with the Service Provider: In case of questions, comments or doubts related to the functioning of the Service, the content of these Regulations or the execution of orders and services, the Customer may contact the Service Provider using the following contact details:
   1. Correspondence address: Ul. Kolejowa 8, 58-100 Świdnica
   2. E-mail address: kontakt@enertia.pl
   3. Contact phone: 800 00 32 00 (free helpline — direct connection with a consultant). The Service Provider responds to correspondence as quickly as possible, but no later than within 14 days for formal inquiries (e.g., complaints, withdrawals, etc.).
   4. Additional provisions:
      1. These Regulations constitute an integral part of the agreements concluded by the Service Provider with Customers. The recording, securing, and making available of the essential provisions of the concluded agreement takes place by providing the Customer with order confirmation along with a link to the content of the Regulations (e.g., in the order confirmation e-mail) and by attaching proof of purchase (receipt/invoice) to the shipment. The Customer may additionally record the content of the Regulations by saving it on their own medium or printing it.
      2. These Regulations are effective in this version from 11.07.2026 and apply to agreements concluded from that date.
      3. The Service Provider stores archival versions of the Regulations and will make them available to the Customer upon request (e.g., to determine the content of the provisions applicable on the date of concluding a specific agreement).
      4. If any provision of the Regulations is deemed invalid or ineffective in light of applicable law, this does not affect the validity of the remaining provisions of the Regulations. In place of the unlawful provision, appropriate legal norms shall apply.

Thank you for reviewing the Regulations. We wish you successful use of the Enertia.pl service. Should you have any questions or concerns, we are here to help – please contact us.