I. PRELIMINARY PROVISIONS:

1. Scope of these Terms and Conditions

1.1. These Terms and Conditions constitute the terms and conditions for the provision of services by electronic means within the meaning of Article 8(1) of the Act of 18 July 2002 on the Provision of Services by Electronic Means.

1.2. These Terms and Conditions set out, among other things:

(a) the types and scope of services provided by electronic means;
(b) the conditions for the provision of services by electronic means, including:

(i) the technical requirements necessary for compatibility with the ICT system used by the service provider;
(ii) the prohibition on the service recipient providing unlawful content;

(c) the conditions for concluding and terminating agreements for the provision of services by electronic means;
(d) the complaints procedure;
(e) the general terms and conditions of sale agreements;
(f) the general terms and conditions of repair agreements.

II. DEFINITIONS

III. TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS

2. Types and scope of services provided by electronic means

2.1. RGB provides the following services by electronic means:

(a) Website – a service through which RGB provides access to the website at and all its subpages;
(b) Store – a service consisting of RGB providing access to the website available at https://www.rgbautomatyka.pl/ or and all its subpages, with access to key functionalities subject to Registration, which enables Customers to conclude sale agreements under which RGB undertakes to transfer ownership of the products to the Customer and hand them over;
(c) Electronic Services Agreement – an agreement for the provision of services by electronic means, namely services performed by sending and receiving data using ICT systems, without the parties being simultaneously present, with such data transmitted via telecommunications networks within the meaning of the Telecommunications Law.
(d) Contact Form – a service through which RGB enables the User to contact RGB by completing a dedicated form;
(e) Callback Request – a service through which RGB enables the User to arrange a telephone call from RGB;
(f) Chat – a service through which RGB enables the User to communicate with RGB in real time via text messages;
(g) Repair Quotation – a service enabling the User to obtain a quotation for the repair of the User’s device by completing the quotation request form available at ; obtaining a quotation requires the device to be delivered to RGB in accordance with these Terms and Conditions;
(h) RGB SMART – a service through which RGB places a QR code on a device, which the Customer can scan to open a webpage dedicated to that specific device;
(i) Satisfaction Survey – a service enabling the User to submit feedback on their satisfaction with RGB’s activities by completing the relevant form;
(j) Newsletter – a service through which RGB sends commercial information to the email address specified by the User, subject to the User’s prior consent to receive such information from RGB;
(k) Telephone Contact – a service enabling the User to contact RGB via phone using an appropriate third-party application;
(l) WhatsApp Contact – a service enabling the User to contact RGB via phone using an appropriate third-party application;
(m) Account – a service through which the User is granted full access to the Website;
(n) Store Account – a service through which the User is granted full access to the Store.
(o) Registration – a service through which RGB creates an Account or a Store Account, depending on the context, following the User’s correct completion of the registration form.

3. Conditions for the provision of services by electronic means and for concluding and terminating agreements for the provision of such services

3.1. The User begins using the services provided by electronic means upon first accessing them, and such use constitutes acceptance of these Terms and Conditions and the Privacy Policy.

3.2. The User shall not provide unlawful content, in particular by submitting other persons’ personal data, including their telephone numbers or email addresses, offensive content, content that infringes the rights of others, or outdated personal data.

3.3. The User further undertakes to use the services provided by electronic means in accordance with their intended purpose, the law, these Terms and Conditions and good practice.

3.4. Use of the services provided by electronic means requires suitable electronic equipment, in particular equipment that:

(a) has been correctly configured and has Internet access;
(b) has a web browser installed;
(c) in the case of mobile devices, runs Android or iOS 18.6.2 or later;

3.5. To make full use of the services provided by electronic means, the User shall:

(a) consent to the use of cookies;
(b) have an email account;
(c) have appropriate applications, such as: WhatsApp or Skype that enable contact with RGB.

3.6. RGB does not guarantee uninterrupted operation of the services provided by electronic means, as individual services or all services may be interrupted due to technical work.

3.7. All data submitted by the User when using the services provided by electronic means shall be protected using an encrypted HTTPS connection and SSL encryption.

3.8. Access to the services provided by electronic means is free of charge, except for Repair Quotation, 24/7 Service, Sale Agreements and Repair Agreements.

3.9. The User undertakes not to disclose their login credentials to unauthorised persons and to protect those credentials against access by third parties. If circumstances give rise to a suspicion that an unauthorised person has obtained the password, the User should notify RGB without delay.

4. Conditions for concluding and terminating agreements for the provision of services by electronic means

4.1. The Electronic Services Agreement in respect of the following services:

(a) Website (to the extent that Registration is not required) and Store (to the extent that Registration is not required) – is concluded when the User begins using the Website or Store and terminates when the User leaves the Website or Store;
(b) Contact Form, Callback Request, Chat, Satisfaction Survey, Newsletter, Telephone Contact and WhatsApp Contact – is concluded by completing the relevant form and submitting it to RGB; the Electronic Services Agreement may be terminated by sending RGB a written notice or an email stating that the User wishes to discontinue the service;
(c) Account and Store Account – is concluded when the User completes the relevant form and submits it to RGB, and RGB subsequently creates and activates the Account or Store Account. The Electronic Services Agreement may be terminated by the User submitting a declaration of intent to RGB, in writing or via email, stating that they wish to discontinue the service. RGB may also block the Account or Store Account in accordance with the provisions below.
(d) RGB SMART – the agreement is concluded when the User scans the QR code on the device and opens the link to the webpage concerning that device, and terminates when the User leaves that webpage.

4.2. RGB may permanently or temporarily block the Account or restrict the scope of the services provided if:

(a) the User uses the services unlawfully, in particular in breach of these Terms and Conditions;
(b) the User has overdue payments owing to RGB;
(c) RGB becomes aware that the User is not authorised to use the payment card specified in the system;
(d) RGB becomes aware of or suspects that an unauthorised person has gained access to the Account or Store Account;
(e) RGB becomes aware that the person is not authorised to represent the entity they specified in the registration form.

5. Complaints procedure

5.1. The User may submit a complaint concerning the operation of the services provided by electronic means in writing to RGB’s address or via email to .

5.2. The complaint should include:

(a) contact details (first name and surname, business name);
(b) an email address or postal address;
(c) identification of the service to which the complaint relates;
(d) a description of the circumstances giving rise to the complaint.

5.3. Failure to provide any of the information specified in clause 5.2 above shall prevent the complaint from being considered.

5.4. RGB shall respond to the complaint within 14 days of receiving it.

IV. GENERAL PROVISIONS

6. Status and exclusive application of these Terms and Conditions

6.1. These Terms and Conditions form an integral part of every Agreement under which RGB undertakes to sell or repair specified items, regardless of whether the Agreement is concluded through the Store, at RGB’s premises or by means of distance communication.

6.2. These Terms and Conditions also form an integral part of every Offer made by RGB.

6.3. These Terms and Conditions apply exclusively. Accordingly, any other terms contained in any document or documents used by the other party to an agreement with RGB that conflict with these Terms and Conditions or contain provisions not included herein shall not apply to any agreement concluded by RGB, unless RGB consents to the application of such other provisions in writing, failing which such consent shall be null and void. RGB declares that it does not consent to the application of any other provisions. This declaration shall be treated as notice that RGB shall not conclude agreements that depart from these Terms and Conditions within the meaning of Article 385⁴ § 2 of the Polish Civil Code. In particular, RGB declares that it does not consent to any provisions modifying the scope of its liability, including provisions on contractual penalties, unless the Parties expressly confirm in writing that RGB agrees to such a provision. In particular, RGB’s acceptance of an agreement where the form submitted by the Customer provides for a contractual penalty payable by RGB does not constitute RGB’s acceptance of liability for that penalty.

6.4. Any reference by RGB in an offer, confirmation, invoice or other document to the Customer’s order number or another reference assigned by the Customer serves solely to identify the transaction and does not constitute acceptance of the terms contained in that order or in the Customer’s standard terms and conditions.

7. Consumers and persons referred to in Article 7aa of the Consumer Rights Act

7.1. RGB offers its services only to businesses concluding agreements with RGB that are directly related to their business activities and are of a professional nature for them.

7.2. By concluding an agreement with RGB, the Customer declares that they are a business of the kind referred to in clause 7.1 above.

7.3. If the Customer does not meet the criteria for a business specified in clause 7.1 above, they shall inform RGB of this before concluding the Agreement. If an Agreement is nevertheless concluded, these Terms and Conditions shall apply to the fullest extent permitted by Polish law.

8. Procedure for concluding agreements

8.1. An Agreement may be concluded:

(a) through the Store;
(b) via email;
(c) via phone;
(d) in person;
(e) through platforms operated by third parties, such as ebay.pl, allegro.pl or amazon.pl.

8.2. An Agreement through the Store is concluded when the User adds a product listed in the online store to the basket and then selects the button labelled “order with obligation to pay” or another button with equivalent wording.

8.3. Where an Agreement is concluded via email or phone, the procedure is as follows:

(a) The Customer sends an enquiry about concluding an Agreement to RGB at , calls +48 713 251 505 or submits an enquiry using the Repair Quotation Form available at ; for repairs, the faulty device shall be delivered to RGB;
(b) RGB shall respond to the Customer’s enquiry without delay and no later than within 3 working days or, for repairs, within 7 working days of delivery of the device to RGB’s repair centre, by sending the Customer an Offer to conclude an agreement; in particular, RGB shall inform the Customer that these Terms and Conditions apply and send a pro forma invoice;
(c) The Customer accepts the Offer made by RGB; making a bank transfer to the account specified on the pro forma invoice or invoice is sufficient to constitute acceptance.

8.4. Where an Agreement is concluded in person, the Parties exchange matching declarations of intent in each other’s physical presence and in documentary form, failing which the Agreement shall be null and void. RGB informs the Customer that these Terms and Conditions apply before the Agreement is concluded.

8.5. Where an Agreement is concluded through a third-party platform, it is concluded in accordance with that platform’s rules, and these Terms and Conditions also apply.

8.6. For Repair Quotation, the procedure for concluding an agreement is as follows:

(a) The Customer makes an offer to conclude an agreement for Repair Quotation by submitting the Repair Quotation Form and delivering the device to RGB;
(b) RGB notifies the Customer that the offer has been accepted.

8.7. RGB’s Offer includes, in particular, information on the type of transaction (i.e. a Sale Agreement, a Repair Agreement, etc.), the type of equipment concerned, the price, delivery costs, the Offer’s validity period, the payment method and payment deadline, the product’s condition and the warranty terms. For a Repair Agreement, the Offer also specifies the scope of repairs and the estimated repair time. The Offer may also include other details not listed in this clause.

8.8. RGB reserves the right to withdraw some or all of the Products covered by the Offer at any time without giving a reason.

8.9. RGB may amend the Offer at any time before its acceptance, in particular by changing the price.

9. Prices

9.1. Prices stated in the Offer and in the Store are quoted in Polish zlotys (PLN), with both net and gross amounts shown (including VAT at the rate applicable on the date the Offer is prepared).

9.2. The prices do not include information on delivery costs.

9.3. Delivery costs are borne by the Customer. The goods are delivered using the method selected and specified by the Customer. Information on delivery costs is available on the Store’s website.

9.4. If the Customer is a non-resident of Poland within the meaning of the Foreign Exchange Law Act of 27 July 2002, prices shall be set in euros (EUR) or US dollars (USD) on an Ex Works (EXW) delivery basis. Net prices exclude all taxes, charges and similar amounts payable now or in the future. RGB shall add any taxes, charges and similar amounts to the sale price where RGB is legally required or entitled to pay or collect them, and the Customer shall pay those amounts together with the price.

9.5. Promotional offers in the Store cannot be combined unless the terms and conditions of the promotion provide otherwise.

10. Payments

10.1. Where the agreement is to be performed entirely within Poland, subject to clause 10.2, the Customer may pay by the deadline specified on the invoice or pro forma invoice using one or more of the following methods:

(a) by bank transfer to RGB’s bank account;
(b) by payment card at RGB’s premises;
(c) via PayPal;
(d) in cash upon receipt of the goods;
(e) cash on delivery.

10.2. Where the Customer is required to pay RGB at least PLN 5,000.00 in a single transaction (or the equivalent in a foreign currency, converted into Polish zlotys at the average exchange rate published by the National Bank of Poland (NBP) on the last working day preceding the transaction date), payment shall be made by bank transfer to RGB’s bank account, regardless of the number of payments arising from that transaction.

10.3. Where the agreement is to be performed even partly outside Poland, the Customer shall pay by bank transfer to RGB’s bank account.

10.4. In the circumstances referred to in clause 10.1, point (a) or point (c), RGB shall withhold performance of the Agreement until the payment has been credited to RGB’s account.

10.5. RGB may specify payment terms in the Offer that differ from those set out in clause 10.1 above, in particular by restricting the available payment methods.

10.6. In exceptional cases, subject to RGB’s prior consent, RGB may grant the Customer trade credit on individually agreed terms, provided that the Customer’s total indebtedness to RGB under concluded agreements, including amounts both due and not yet due, does not exceed the trade credit limit set by RGB. If the trade credit limit is exceeded, RGB reserves the right to suspend performance of agreements or refuse to conclude further agreements with the Customer until the outstanding trade credit balance has been reduced below the limit.

10.7. RGB reserves the right to suspend or terminate the trade credit facility.

10.8. Where deliveries are made in instalments, each instalment shall be invoiced separately and shall be paid for by its respective due date.

10.9. RGB shall issue the invoice in accordance with tax law, no later than the date on which performance of the Agreement is completed, and make it available to the Customer through the National e-Invoicing System (KSeF). The Customer shall provide the information required to issue the invoice no later than upon conclusion of the Agreement.

11. Delivery of devices by RGB

11.1. RGB may deliver devices to the Customer by one of the following methods:

(a) collection in person by the Customer;
(b) handover of the device to a carrier or freight forwarder;
(c) delivery by RGB personnel to the Customer’s premises or another location specified by the Customer at a time agreed by the Parties.

11.2. All benefits and burdens associated with the device, together with the risk of accidental loss of or damage to the device, pass to the Customer upon:

(a) collection, where the Customer collects the device in person;
(b) handover of the device to a carrier or freight forwarder.
(c) receipt of the equipment by the Customer from RGB personnel or, if the Customer fails to take delivery at the agreed time, attempted delivery of the equipment at the agreed location and time.

11.3. Delivery of devices by RGB to the Customer, whether in connection with Repair Quotation, a Repair Agreement or a Sale Agreement, is deemed completed upon handover of the devices to a carrier or freight forwarder.

11.4. The Customer shall inspect the consignment upon receipt from the freight forwarder or carrier.

12. Liability

12.1. RGB’s liability is limited as follows:

(a) in amount, to the value of the agreement, with liability restricted to actual loss; liability for indirect loss, including in particular loss of profit, is excluded;
(b) in scope, exclusively to cases of wilful misconduct;
(c) Furthermore, RGB is not liable for non-performance, improper performance or delay caused by:

(i) interruption of the production of particular goods or their components;
(ii) circumstances beyond RGB’s control, such as delays in the delivery of parts and other materials by RGB’s suppliers, delays caused by couriers or transport companies, or incorrect information provided by the Customer;
(iii) an event of Force Majeure as defined above or under the relevant provisions of law.

12.2. In the circumstances referred to in clause 12.1(c), performance of the Agreement shall be suspended for as long as the relevant cause persists, without any obligation or liability on RGB’s part.

12.3. If an event of Force Majeure continues for more than three consecutive months, or either Party reasonably expects the delay to last for three consecutive months, either Party may, as appropriate, terminate or withdraw from the Agreement, in whole or in part, without any obligation to the other Party.

12.4. RGB’s statutory liability for defects is excluded in accordance with Article 558 of the Polish Civil Code.

13. Warranty

13.1. RGB provides a warranty for devices sold or repaired, subject to clauses 13.2, 13.3 and 13.4, on the terms set out in this section and taking into account the specific provisions in section V or VI.

13.2. The Warranty does not cover software installed on goods sold by RGB under any circumstances.

13.3. The Warranty applies only to products described as “New”, “Refurbished” or “Used” and does not cover devices intended for parts or described as faulty, unless otherwise stated in the product description.

13.4. RGB shall not be liable under the Warranty if the alleged defect or non-conformity of the goods results from environmental testing, excessive use, misuse, use contrary to the instructions or the intended purpose of the goods, neglect, improper maintenance, incorrect installation or an accident resulting from improper repair, alteration, modification, storage, transport or handling. This also applies in cases of mechanical damage, use of the goods under conditions that do not meet the power supply requirements or the required ambient conditions (e.g. temperature or humidity), use of consumables not recommended by the manufacturer, or repairs by a service centre not authorised by the manufacturer. In particular, where the manufacturer of the goods or RGB has fitted tamper-evident seals, the Warranty expires if those seals are tampered with by anyone other than RGB personnel. The Warranty also excludes damage caused by external factors (e.g. power surges, fire, corrosion, flooding, chemicals, moisture, dust or temperature). The Warranty also excludes normal wear and tear of components such as bearings, brushes or capacitors.

13.5. The Warranty is provided for the period specified on the VAT invoice, starting on the date RGB issues the invoice.

13.6. If RGB has doubts as to whether the Customer is operating the devices correctly, RGB may request further explanations from the Customer concerning their use of the device.

13.7. Under the Warranty, RGB may, at its discretion, decide to:

(a) replace the defective goods;
(b) repair the goods;
(c) reduce the price of the goods;
(d) issue a refund.

13.8. RGB shall assess the warranty claim within a reasonable period, which shall be no shorter than the time required to verify the claim and repair or replace the goods.

13.9. Where defective goods are replaced, the defective goods supplied to the Customer become RGB’s property upon delivery of replacement goods free from defects to the Customer.

13.10. To exercise their rights under the Warranty, the Customer shall follow the procedure below:

(a) submit a warranty claim to RGB in writing or in documentary form, including, in particular:

(i) a description of the defect, details of the equipment concerned (including its model and serial number), and any error codes displayed on the device’s screen;
(ii) details of the Customer entitled to claim under the Warranty, including their name, tax identification number (NIP), business address, delivery address or confirmation that they wish to collect the equipment in person;
(iii) details of the authorised contact person, including their first name and surname, telephone number and email address, together with the email address of the person authorised to handle payments;

(b) send the devices to the location specified by RGB, following the procedure below: The Customer shall dispatch the properly protected device from a courier service point or notify RGB via email at [email protected] or via phone on +48713251505 of a convenient date and time for collection of the device, properly prepared for collection, from the Customer; the proposed collection date and time shall be confirmed by RGB.

13.11. For the equipment to be accepted under the Warranty, the Customer shall present a warranty document specifying the equipment’s name and model, its sale date, the purchaser’s name and RGB’s name or business name.

13.12. If documents confirming that the product is covered by the Warranty are not provided, the period for assessing the warranty claim shall run from the date on which the Customer provides RGB with the required documents.

13.13. RGB is not bound by any deadlines for assessing warranty claims unilaterally set by the Customer.

13.14. RGB’s failure to respond to the Customer’s requests or claims under the Warranty does not in any way constitute acceptance of those requests or claims.

13.15. RGB provides the Warranty directly to the Customer, rather than to the Customer’s customers, agents or representatives (a warranty granted to a named beneficiary). The Warranty expires upon resale of the goods by the Customer.

13.16. The Parties exclude the right to transfer rights under the Warranty.

13.17. The Warranty provisions constitute the entire agreement between the Parties concerning the Warranty and supersede all other representations, whether express or implied, that could be construed as warranties, in particular concerning fitness of the goods for a particular purpose, merchantability or non-infringement of intellectual property rights. This Warranty is the sole warranty provided by RGB to the Customer for goods purchased by the Customer from RGB.

13.18. The Customer may deliver equipment covered by a warranty claim to RGB using any of the following methods, at the Customer’s discretion:

(a) by insured courier shipment;
(b) by delivering the equipment directly to RGB’s premises;
(c) by arranging for RGB to collect the equipment from a location in Poland specified by the Customer entitled to claim under the Warranty.

13.19. Where the Customer dispatches the goods in accordance with clause 13.18(a), RGB shall agree with the Customer which courier or freight forwarder is to collect the devices. If the Customer chooses a courier or freight forwarder other than the one proposed by RGB, RGB shall not be obliged to cover shipping costs exceeding those charged by the courier or freight forwarder proposed by RGB.

13.20. If devices submitted by the Customer under a warranty claim are found to be free from defects or otherwise conforming and are returned to the Customer by RGB, the Customer shall reimburse RGB for the costs incurred, including the associated transport, testing and handling costs.

13.21. Where it is agreed that RGB shall collect the equipment, RGB shall do so within 14 days of the Customer reporting the need for repair, but no earlier than the date on which collection by RGB is arranged. If RGB fails to meet this deadline, the Customer may deliver the equipment to RGB at RGB’s expense.

13.22. Equipment delivered to RGB by the Customer shall be adequately protected against damage in transit. The original manufacturer’s packaging, together with all protective devices (locks) present when the Customer received the equipment from RGB, shall be considered adequate protection. If the Customer does not use the original manufacturer’s packaging together with the protective devices specified above, the Customer bears all risks associated with damage to the equipment being delivered to RGB.

14. Returns

14.1. RGB does not permit returns of goods or changes to purchasing decisions unless RGB decides otherwise.

14.2. Where RGB agrees to a return, RGB shall accept only goods that RGB’s tests confirm show no signs of use and are undamaged, fully functional and intact.

14.3. The Customer shall bear the shipping costs of returning the goods unless the Parties agree otherwise in writing.

14.4. If RGB refuses to accept a return, RGB shall send the goods back to the Customer at the Customer’s expense.

14.5. If RGB accepts a return, RGB shall refund the price paid by the Customer, less a flat-rate handling fee set by RGB at 30% of the price to cover the costs of inspecting the returned goods. RGB may decide to reduce the handling fee. For the avoidance of doubt, the handling fee shall not be credited towards the costs of sending the goods back to the Customer.

15. Refunds

15.1. RGB shall refund payments using the same payment method used by the Customer, unless the Customer has expressly agreed to another refund method, provided that this does not result in any additional costs for RGB.

15.2. If the Customer paid by bank transfer, electronic transfer or traditional transfer, the refund shall be made to the bank account from which the payment was made. If the Customer paid in cash on delivery, RGB shall refund the payment to the Customer’s bank account or via postal order, after first agreeing with the Customer on their preferred refund method and requesting the details required for the bank transfer or postal order.

15.3. RGB shall not be liable for any failure or delay in making a refund if the Customer fails to provide RGB with the required details or provides an incomplete response to the request that prevents the refund from being processed. RGB shall also not be liable for any failure or delay in making a refund resulting from the Customer providing incorrect details required for the bank transfer or postal order. In such circumstances, the refund shall be made without delay once the details specified above have been obtained from the Customer.

15.4. RGB shall make the refund within 21 days of the Customer confirming receipt of the corrective invoice.

16. Complaints

16.1. The Customer may submit a complaint concerning the Agreement in writing to RGB’s address or via email to .

16.2. The complaint should include:

(a) contact details (first name and surname, business name);
(b) an email address or postal address;
(c) identification of the Agreement to which the complaint relates;
(d) a description of the circumstances giving rise to the complaint;
(e) the remedy requested by the Customer.

16.3. Failure to provide any of the information specified in clause 16.2 above shall prevent the complaint from being considered.

16.4. RGB shall respond to the complaint within 14 days of receiving it.

16.5. To enable a complaint concerning goods to be assessed, the Customer should send or deliver the goods concerned together with proof of purchase from RGB.

16.6. RGB reserves the right to reject a complaint if the seals or codes placed on the equipment by RGB have been tampered with, or if any interference with the equipment by anyone other than RGB is identified.

16.7. If the complaint is upheld, RGB shall reimburse the Customer for the costs of returning the goods concerned and cover the costs of sending the goods back to the Customer.

16.8. If devices submitted by the Customer in connection with a complaint are found to be free from defects or otherwise conforming and are returned to the Customer by RGB, the Customer shall reimburse RGB for the costs incurred, including the associated transport, testing and handling costs.

17. WEEE

17.1. In accordance with Article 37(1)–(3) of the Act of 11 September 2015 on Waste Electrical and Electronic Equipment, RGB:

(a) shall take back waste electrical and electronic equipment from private households free of charge at the point of sale, provided that it is of the same type and performed the same functions as the equipment being sold;
(b) when delivering equipment intended for private households to the Customer, shall take back waste electrical and electronic equipment from private households free of charge at the delivery location, provided that it is of the same type and performed the same functions as the equipment delivered;
(c) shall accept waste electrical and electronic equipment from private households free of charge at its physical retail premises where none of its external dimensions exceeds 25 cm, without requiring the Customer to purchase new equipment intended for private households.

17.2. Customers wishing to use this option are requested to send their waste equipment to the following address: RGB Elektronika Spółka z ograniczoną odpowiedzialnością, ul. Długosza 2, 51-162 Wrocław. The Customer shall bear the cost of shipping the waste equipment.

18. Governing law and jurisdiction

18.1. All offers, confirmations and Agreements shall be governed by and construed in accordance with Polish law.

18.2. The Parties shall first seek to resolve any disputes arising out of or in connection with the Agreement by mutual agreement and through negotiations conducted in good faith and in a spirit of mutual cooperation.

18.3. Any disputes that cannot be settled amicably shall be resolved by the competent ordinary court for the place where RGB has its registered office.

18.4. The United Nations Convention on Contracts for the International Sale of Goods, concluded in Vienna on 11 April 1980, shall not apply to any offer, confirmation or Agreement.

19. Confidentiality

19.1. All technical, commercial and financial data disclosed to the Customer by RGB constitute confidential information and RGB’s trade secrets.

19.2. The Customer shall not disclose such information to any third party or use it for any purpose other than that agreed by the Parties in writing.

19.3. The Customer shall not issue or cause to be issued any press release, public announcement or other announcement concerning transactions concluded or contemplated with RGB, or disclose any terms of the Agreement, unless required by law or authorised by RGB.

20. Export/Import

20.1. The Customer shall be responsible for complying with all requirements under customs regulations relating to the sale of goods outside the Republic of Poland. If delivery of the goods is subject to the granting of an export or import licence by a governmental authority or agency under applicable laws or regulations, or is otherwise restricted or prohibited under export or import control laws or regulations, RGB may suspend performance of its obligations and the exercise of the Customer’s rights relating to that delivery until the required licence is obtained or, as applicable, for the duration of the restriction or prohibition, without this constituting a breach of the Agreement. RGB may also terminate the Agreement without incurring any liability to the Customer.

20.2. RGB uses the DAP (Delivered at Place) rule under Incoterms® 2020 for exports.

20.3. Furthermore:

(a) if an end-user statement is required, RGB shall notify the Customer without delay, and the Customer shall provide that document to RGB upon its first written request;
(b) if an import licence is required, the Customer shall notify RGB without delay and provide the document to RGB as soon as it is obtained. By accepting RGB’s Offer, concluding any Agreement or accepting the Products, the Customer agrees not to use RGB’s goods or the related documentation in breach of any applicable export or import control laws or regulations.

21. Assignment

21.1. The Customer shall not assign any of their rights or transfer any of their obligations arising under the Agreement without RGB’s prior written consent.

22. Set-off

22.1. The Parties exclude the Customer’s right to set off any claims against RGB against RGB’s claims against the Customer, including under Article 498 of the Polish Civil Code.

23. Termination of the Agreement

23.1. Without prejudice to any rights or remedies RGB may have against the Customer under the Agreement or applicable law, RGB may terminate the Agreement or any part thereof with immediate effect and without any obligation if:

(a) the Customer breaches any provision of the Agreement;
(b) any proceedings for the Customer’s liquidation are commenced, a petition for the Customer’s bankruptcy is filed, a trustee is appointed by the Customer or an assignment is made for the benefit of the Customer’s creditors.

23.2. Upon termination of the Agreement, all payments owed by the Customer to RGB shall become immediately due and payable. Upon termination by notice, other termination or expiry of any Agreement, all provisions which by their nature are intended to survive shall remain in force following such termination or expiry.

24. Consumer

24.1. Although RGB does not direct its business activities at consumers, where an agreement is concluded with a Consumer, the Consumer may withdraw from an agreement concluded at a distance or away from RGB’s business premises without giving any reason within 14 days of receiving the goods. To meet this deadline, it is sufficient to send a notice of withdrawal before the deadline expires (for example, via post or email).

24.2. RGB provides a model withdrawal form at the end of these Terms and Conditions, which the Consumer may use.

24.3. Upon effective withdrawal, the agreement shall be deemed not to have been concluded. The Consumer shall return the purchased goods without delay and no later than 14 days after exercising the right of withdrawal.

24.4. The returned goods shall be sent to RGB’s address for service: RGB Elektronika Spółka z ograniczoną odpowiedzialnością, ul. Długosza 2, 51-162 Wrocław.

24.5. The goods shall be returned to RGB without signs of handling beyond what is necessary to establish their nature, characteristics and functioning. The Consumer exercising the right of withdrawal shall be liable for any diminished value of the goods, including that resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.

24.6. The Consumer shall not have the right to withdraw from a distance agreement:

(a) for the provision of services, where the trader has fully performed the service with the Consumer’s express consent and the Consumer was informed before performance began that they would lose the right of withdrawal once the trader had fully performed the service;
(b) for the supply of non-prefabricated goods made to the Consumer’s specifications or tailored to their individual needs;
(c) for the supply of goods which, after delivery, become inseparably combined with other items due to their nature;
(d) for the supply of sealed audio or video recordings or computer software, where the seal has been broken after delivery;
(e) concluded at a public auction;
(f) for the supply of digital content not supplied on a tangible medium, where performance began with the Consumer’s express consent before the withdrawal period expired and after the trader had informed the Consumer that they would lose the right of withdrawal.

24.7. RGB shall reimburse the Consumer for all payments received, including the price of the goods and delivery costs (except for additional costs resulting from the Consumer choosing a delivery method other than the least expensive standard delivery method offered by RGB). The refund shall be made in accordance with clause 15 of these Terms and Conditions, but no later than 14 days after receipt of the Consumer’s notice of withdrawal. However, RGB may withhold the refund until it has received the returned goods or the Consumer has supplied proof of dispatch, whichever occurs first.

24.8. The Consumer may request that the Repair Quotation service or performance of the Repair Agreement begin before the relevant withdrawal period expires. In such circumstances, RGB may charge the Customer for costs incurred in performing the agreements up to the time it receives the Customer’s notice of withdrawal. Once the agreement has been fully performed, the Customer shall lose the right to withdraw from the Agreement.

V. SALES

25. Retention of title

25.1. In accordance with Article 589 of the Polish Civil Code, title to goods sold by RGB shall pass to the Customer upon payment in full of the price for the delivered goods (including any taxes, other charges and amounts added to the price).

26. Goods

26.1. RGB offers goods described as:

(a) new – brand-new devices in their original packaging;
(b) refurbished – equipment reconditioned by replacing worn components, cleaned, tested and cosmetically restored;
(c) used – fully functional used devices that have been thoroughly cleaned and tested;
(d) for parts or faulty – devices that are generally non-functional and intended solely for use as a source of parts.

26.2. Used goods may be supplied without operating instructions or original packaging.

26.3. Photographs of goods published by RGB are for illustrative purposes only, and the appearance of the goods may differ from that shown in the photographs.

VI. REPAIR QUOTATION AND REPAIRS

27. 24/7 Service

27.1. These Terms and Conditions do not apply to the 24/7 Service, which is governed by separate terms and conditions made available by RGB.

28. Delivery of devices to RGB’s repair centre

28.1. The Customer shall bear the cost of shipping the faulty device to RGB’s repair centre. Upon receipt of the device, RGB shall prepare, in documentary form, confirmation of receipt of the device for Repair Quotation, including the job number, and send it to the Customer via email to the address specified in the Form or the Mobile Application.

28.2. When delivering a device to RGB’s repair centre, the Customer shall ensure that it is suitably and securely packaged for transport. If the original packaging is unavailable, the equipment shall be packed in alternative packaging so as to minimise the risk of damage in transit (i.e. by filling empty spaces around the item inside the packaging, securely sealing the packaging, etc.). RGB shall not be liable for any damage in transit resulting from the Customer’s improper packaging of the device.

28.3. The Customer shall also include the following with the Device:

(a) a copy of the parameters or program stored on a data medium, if the Device is being sent for those parameters or that program to be uploaded or updated;
(b) where possible, the Device’s technical documentation;
(c) the complete set of devices, if the faulty device forms part of that set and does not operate independently;
(d) a precise written description of the fault and the circumstances in which it occurred.

28.4. Before handing the device over to RGB’s repair centre, the Customer shall:

(a) back up the information stored on the device’s storage medium;
(b) remove all personal data;
(c) disable password protection;
(d) remove additional components, in particular pulleys, couplings and other mechanical components that are outside the scope of the service or whose presence prevents or hinders its performance.

28.5. RGB shall not be liable for corruption or loss of data stored on the storage media of a device submitted for repair, or for the legality of software installed by the Customer in the device’s memory.

28.6. If the Customer fails to fulfil the obligation specified in clause 28.4, point (d) above, RGB may suspend performance of the service until that obligation has been fulfilled or remove those components at the Customer’s expense and risk, after first informing the Customer of the costs involved.

28.7. RGB shall not be liable for damage to additional components caused during their removal.

29. Repair Quotation

29.1. The Repair Quotation service is provided on one of two bases:

(a) express – subject to a fee as specified on the Website; however, RGB shall not charge the express quotation fee if the fault cannot be verified or the device cannot be repaired. The express quotation fee is payable solely for the faster assessment of the device;
(b) standard – free of charge.

29.2. The Customer shall select the Repair Quotation option in the Form, through an RGB sales representative using the Mobile Application, or by confirming their choice via email. If no option is selected, the Repair Quotation service shall be provided on a standard basis.

29.3. The express Repair Quotation service shall be completed within 1 working day of delivery of the device together with the Form. RGB may defer commencement of the express Repair Quotation service until the fee has been paid.

29.4. The standard Repair Quotation service shall be completed within 7 working days of delivery of the device together with the Form.

29.5. RGB may unilaterally extend the deadline for completing the Repair Quotation service due to circumstances beyond its control, in particular inability to contact the Customer, failure by the Customer to provide technical information or information about the device’s operating environment, or failure by the Customer to provide a description or an accurate description of the device’s fault. RGB may also extend the deadline for completing the Repair Quotation service due to increased demand for the service, in which case RGB shall inform Customers accordingly.

29.6. Upon completion of the Repair Quotation service, RGB shall send the Customer, via email to the address specified in the Form or the Mobile Application, an Offer for a Repair Agreement or notification that the device cannot be repaired, the fault cannot be verified or no fault has been found.

29.7. If the Repair Quotation service required disassembly of the device, RGB may refuse to reassemble it where the device’s construction or method of assembly prevents it from being restored to its condition before disassembly, or where reassembly is not economically justified. RGB shall notify the Customer of its refusal when providing the results of the Repair Quotation service. In such circumstances, the device shall be handed over to the Customer in a disassembled state, together with the removed components, and the Customer shall have no claims arising from this. At the Customer’s request, RGB may reassemble the device where technically possible, provided that the Customer pays the reassembly fee in advance, as individually quoted by RGB.

29.8. The Customer acknowledges that diagnostic procedures performed as part of the Repair Quotation service and repair work performed following acceptance of the Offer may be invasive and may leave the device in a worse condition than when it was handed over to RGB. If the device is found to be beyond repair or the fault cannot be verified, RGB shall return the device in the condition resulting from the procedures performed, and the Customer shall have no claims arising from this. This provision shall not exclude RGB’s liability for intentionally caused damage.

30. Inspection and repair of the device

30.1. Upon completion of the Repair Quotation service, RGB shall present the Customer with an Offer for a Repair Agreement.

30.2. The Customer shall accept the Offer sent by RGB by paying the fee specified in the Offer or, where deferred payment terms apply, by confirming acceptance in writing via email to the repair centre at [email protected]. The Customer’s acceptance of the Offer sent by RGB by any of the methods specified above shall constitute confirmation of the conclusion of the Repair Agreement.

30.3. RGB shall specify the estimated repair time for each device in the Offer. RGB shall make every effort to perform the services without undue delay; however, the repair time depends on the nature of the damage and the availability of spare parts. RGB may unilaterally extend the time specified in the Offer at any time, and the Customer shall have no claims arising from such an extension.

30.4. If, after repair work has begun, it becomes necessary to order additional parts or perform additional repair work not included in the Offer, RGB shall send the Customer a revised Offer covering those additional parts or work (a change in the scope of work). The procedure specified above shall apply accordingly.

30.5. If repair of the device proves impossible despite its initial assessment as repairable, RGB may withdraw from the Repair Agreement within 7 days of determining that repair is impossible, but no later than one month after conclusion of the Repair Agreement. In such circumstances, RGB shall notify the Customer accordingly, return the faulty device to the Customer and refund the fee paid under the Repair Agreement. The Customer shall have no claims arising from these circumstances.

30.6. Where repair of the device requires replacement of parts, RGB shall, at its discretion, use new parts purchased from the manufacturer, used parts or compatible replacement parts. RGB shall not return the removed parts to the Customer. Ownership of the removed parts shall pass to RGB upon their removal, and RGB may use or dispose of them, including by arranging for their waste treatment.

31. Collection

31.1. The device shall be released following the Repair Quotation service or repairs only after the Customer has paid the fee, including all costs incurred by RGB in connection with the Repair Quotation service and transport costs.

31.2. The Customer may collect the device in person from RGB’s premises or have it sent via courier to the delivery address specified by the Customer. RGB shall bear the cost of shipping the device, except for deliveries outside Poland.

31.3. The Customer shall collect the Device within the period specified by RGB in its notice of completion of the repair service, which shall not exceed 7 days. If the Customer does not collect the equipment within the specified period, RGB shall store it at the Customer’s expense and risk. After that period expires, RGB shall request that the Customer collect the Device within 7 days of receiving the request.

31.4. If, for any reason, the Customer does not collect the device within the additional period specified by RGB, RGB may return the device to the Customer at the Customer’s risk and expense, cash on delivery, together with an accounting document for storage charges accruing from the date on which the Customer was required to collect the Device under the notice.

31.5. If the Offer is not accepted or the Customer cancels the order, RGB shall release the device within a period specified by RGB, not exceeding 7 working days from receipt of the Customer’s notification, subject to prior payment by the Customer of the Repair Quotation fee and the costs referred to in clause 31.1 above. RGB shall notify the Customer of the time and place of release of the device in documentary form.

32. Specific warranty provisions

32.1. RGB shall provide the Warranty only for those components of machines and devices that RGB has repaired or replaced.

32.2. Where mechanical components and components subject to wear have been replaced or repaired, in particular motors, bearings, seals, brushes, brake friction linings, toolholder clamping springs and shaft contact surfaces with power transmission components, as well as other mechanical components subject to wear during normal operation, the Warranty shall be provided for 12 months from the date RGB issues the VAT invoice for the repair service.

32.3. Where the Device being repaired is significantly worn, RGB may decline to provide the Warranty referred to in paragraph 1 or provide only partial warranty coverage, i.e. for individual parts of the Device.

VII. PRIVACY POLICY AND PERSONAL DATA PROTECTION

33. Where to find the Privacy and Personal Data Protection Policy

33.1. Detailed provisions on privacy and personal data protection are set out in the Privacy Policy available at https://rgbelektronika.pl/polityka-prywatnosci/.

VIII. AMENDMENTS TO THE TERMS AND CONDITIONS

34. Amendments to the Terms and Conditions

34.1. RGB reserves the right to amend these Terms and Conditions, in particular where at least one valid reason arises, including:

(a) a change in the law that needs to be reflected in these Terms and Conditions;
(b) organisational reasons relating to RGB, such as a change in RGB’s business profile or product range, or the introduction of new services or facilities;
(c) changes to payment methods;
(d) changes to delivery methods;
(e) other technical changes relating to RGB’s operations.

34.2. Changes to RGB’s address details, name or legal form shall not constitute amendments to these Terms and Conditions.

34.3. Any amendments to these Terms and Conditions shall take effect:

(a) for agreements concluded after publication of the amendments – immediately;
(b) for agreements already in force before the amendments – on the date specified by RGB, but no earlier than 7 days after the amendments have been published at www.sklep.rgbelektronika.pl and Customers holding an Account have been notified of the amendments via email to the address they provided; for Consumers or persons to whom consumer protection provisions apply, the amendments shall take effect 14 days after receipt of the notice of amendment. In both cases, Customers may terminate the Agreement by notice within 7 or 14 days, respectively.

34.4. For the avoidance of doubt, where Customers holding an Account conclude new agreements for repairs or for the acquisition of ownership of goods offered by RGB, the amended Terms and Conditions shall apply to those new agreements.

IX. FINAL PROVISIONS

35. Severability clause

35.1. If any provision of these Terms and Conditions is held to be invalid or ineffective by a court of competent jurisdiction or as a result of future legislative or administrative action, such determination or action shall not render the remaining provisions of this document invalid or ineffective.

35.2. If any provision of these Terms and Conditions is definitively held to be unlawful or ineffective, the Parties shall replace it with a provision of similar meaning that reflects its original intent, to the extent permitted by applicable law.

36. Notices

36.1. The Customer shall notify RGB of any change to the correspondence address provided to RGB no later than 3 (three) days after the change occurs.

36.2. All notices required under this Agreement shall be sent in writing to the relevant Party’s address specified in the Agreement or another address notified to the other Party in accordance with these Terms and Conditions, or via email to the address provided to the other Party or used by the recipient Party for email correspondence.

36.3. A notice shall take effect:

(a) upon delivery or expiry of the collection period for a postal item for which two delivery notifications have been left – for notices given in writing;
(b) upon sending the email – for notices given in documentary form.

37. Distribution and trade marks

37.1. RGB declares that it is not an official distributor or representative of any manufacturer of goods offered by RGB, unless expressly stated otherwise.

37.2. Trade marks, industrial designs, utility models, works and all other subject matter protected by intellectual property rights displayed in RGB’s offering belong exclusively to their respective owners and rights holders.

38. Commercial information

38.1. Information presented on RGB’s websites, particularly in the Store, does not constitute an offer but an invitation to conclude an agreement. Information about goods displayed on the Store’s website does not mean that those goods are available in the Store’s warehouse.

These Terms and Conditions shall apply from: 12 October 2026.

Termini e condizioni di servizio e di vendita