Terms and conditions - redclassics.eu

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1. Transaction Parties

Czerwoński Services, Skierniewicka 34/128, 01-230 Warsaw, NIP: 5993105071, REGON: 080991920 (hereinafter: “Store“), is the owner of the online store, available at the URL address: redclassics.eu (hereinafter: “Website“), constituting a teleinformatic system within the meaning of the Act on the provision of electronic services of July 18, 2002, ensuring processing and storage, as well as sending and receiving data via telecommunications networks. The Store conducts mail order sales of the following items and products: computing servers, data servers, cryptocurrency miners, electronic components (hereinafter: “Goods“).
Individuals, including individuals running a sole proprietorship, making purchases via the Website (hereinafter: “Buyers“) declare that they are of legal age and have full legal capacity necessary to conclude a sales agreement via the Website.
The party selling Goods via the Online Store is the Store.
These regulations (hereinafter: “Regulations“) define the rules for purchasing Goods and placing orders via the Website, the rules for accepting and implementing (delivering) the ordered Goods and the costs associated with it, the regulations related to the return of Goods and the rights and obligations of the parties to the concluded sales agreement, including rights and obligations arising from any non-conformity of the Goods with the contract.

2. Subject of the transaction

The subject of the transaction of sales agreements concluded by placing an order via the Website are the Goods indicated in the Store’s commercial offer, visible on the Website at the time of placing the order, provided that they are available at the time of accepting the order by the Store. Descriptions of Goods together with prices constitute an invitation to conclude a contract, they cannot be read as an offer within the meaning of the provisions of the Civil Code. By placing an order, the Buyer simultaneously makes an offer to buy the indicated Goods for the price and with the features specified in the description of the Goods on the Website.
Current information on the availability and stock status in relation to specific Goods, as well as their prices are made available to the Buyer no later than at the time of expressing the will to be bound by the contract. Prices posted on the Website are not fixed and may be subject to change at the Store’s discretion, about which the Store will inform by posting a new price.
The prices of all Goods available on the Website are expressed in EUR.
The Store reserves the right to change the prices of Goods, organize and cancel promotional campaigns and sales on the Website. The above authorization of the Store will not affect the rights of Buyers, including the terms of orders placed before the date of entry into force of such changes.

3. Placing orders

When placing an order on the Website, the Buyer should select the type and quantity of Goods, the form of payment and the date and time of delivery, as well as indicate the place of delivery of the Goods.
The order for some or all Goods may be subject to a limit on the number of pieces or a weight limit for Goods within a single order. In the event, as described in the sentence above, when the number of selected Goods or their weight exceeds the permissible limit during the completion of the order on the Website, the Buyer will be informed of this, at the latest at the time of confirmation of the order by the Store. In such a case, the Buyer may cancel the order or cancel part of it, at the same time allowing the Store to complete a partial order not exceeding the indicated limit.
The sales agreement is concluded upon confirmation by the Store of acceptance of the order for execution, in the manner described in detail in § 5 of these Regulations.
The Seller sends a confirmation of placing the order to the e-mail address and/or telephone number provided by the Buyer.
If Goods are available on the Website, the price of which depends on their weight, the price of these Goods is specified as the price for a given unit of weight. In such a case, the price that the Buyer should pay for the ordered Goods depends on the actual weight of the ordered Goods.

4. Method of contacting the Buyer

At the latest at the time of providing their personal data when placing an order or in order to obtain information on the availability or characteristics of the Goods in the Store’s commercial offer, the Buyer provides their e-mail address in order to enable the Store to fulfill the information obligation resulting from Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter referred to as: “GDPR“), as well as their telephone number. The Store contacts the Buyer in connection with the concluded contract or in connection with the inquiry sent via the e-mail address and/or telephone number indicated by the Buyer.

5. Confirmation of orders

Each order placed by the Buyer in the Store must be confirmed by the Store within 24 hours of receiving the order. Confirmation of the order by the Store is tantamount to concluding a sales agreement between the Buyer and the Store.
An order not confirmed by the Store may be canceled by the Store if it is impossible to confirm its execution due to the Buyer’s failure to provide the necessary contact details or address for delivery of the ordered Goods, the lack of availability of the Goods selected by the Buyer or the Buyer’s failure to respond to the Store’s questions regarding the order placed, necessary for its execution (important reason), in particular issues related to the order limit referred to in § 3 section 2 of the Regulations. Cancellation of the order in the form of a message will be sent by e-mail within 7 working days from the date of placing the order, simultaneously indicating important reasons for canceling the order.
No sales agreement or any other civil law agreement is concluded between the parties until the receipt of the Buyer’s order and its confirmation by the Store.
Subject to point 2 above, upon confirmation of acceptance of the order, a sales agreement for goods is concluded between the Buyer and the Store, provided that the Store may withdraw from the agreement after the ineffective expiry of an additional 14-day period, set for the Buyer who is a consumer, as a result of the latter’s delay in fulfilling the obligation by failing to pay the remuneration due. In the event of unavailability of the Goods purchased by the Buyer, the Store will immediately inform the Buyer of the circumstances, leaving him the choice between requesting the execution of the sales contract taking into account the delay or withdrawing from the contract and recovering the amount paid.

6. Payment methods

Payment for the ordered Goods may be made in the manner indicated on the Website, within 24 hours from the time of placing the order:
1. by bank transfer before delivery of the Goods or
2. by credit or payment card (Visa, Mastercard) – online transaction through the card authorization center indicated on the Website or another payment method indicated during the order fulfillment.
To make payments in this form, the Store may use external payment service providers (Stripe, PayU, Przelewy24, DotPay, etc.). As a result, in order to make the payment, the Buyer may be redirected to the website of a specific payment service provider. Before making the payment, the Buyer declares that he/she has read the terms and conditions of the payment provider’s services and the content of the consents requested by him/her.
The commissions of external service providers for the Buyer’s use of selected payment methods are covered by the Store. The subject does not apply to fees and commissions that may be charged by a specific bank through which the Buyer purchases the Goods on the Website.
Information about payment is sent to the Buyer by e-mail when placing an order, to the e-mail address provided by the Buyer.
The order will be processed immediately after the payment is credited to the Store’s account.
Immediately before placing an order, the Store will provide the Buyer with information about the total price of the Goods and any additional fees, if any, to be incurred by the Buyer (transport, any other additional services).

7. Fulfillment time

The fulfillment time is the time that is counted from the confirmation of the order by the Store (but not earlier than the day of receipt of full payment for the ordered Goods) until the order is sent to the Buyer, whereby only business days are taken into account when calculating the order fulfillment time.
In the event of placing an order that includes unavailable Goods, the Store will inform the Buyer about this, in accordance with the provisions of the Regulations. In such a case, the order processing time is suspended until the Buyer decides to wait for the availability of the missing Goods in order to complete the entire order or to complete the order excluding the missing Goods.
The Store reserves the right to extend the order processing time in situations beyond the Store’s control (in particular, circumstances of force majeure, strike, interruption in the supply of media or the adoption of regulations that significantly hinder or prevent the delivery of Goods in the manner adopted by the Store or otherwise hinder or prevent its operation in its current form) is not able to complete the order on time. In such a case, the Buyer will be informed of this fact without undue delay, via e-mail or by telephone.

8. Delivery of goods

The delivery of Goods is carried out only within the selected area of world. Before placing an Order, the Buyer may check whether the area of interest is covered by the delivery of Goods via the Website, and in the absence of such a module on the Website or its temporary unavailability, the Buyer may direct a question in this respect to the Store, which should provide an answer without delay.
The delivery of Goods is carried out by couriers acting on behalf of the Store.
The costs associated with the delivery of the ordered Goods are borne by the Buyer, in particular in the scope of fees for delivery of the parcel by the courier company.
The cost of delivery of Goods depends on the selected delivery method (if the Store currently offers a larger number of possible delivery methods to choose from), the gross value of the order (excluding delivery costs and after taking into account any discounts, if such are offered by the Store at a given time) and on the date and time range of delivery.
Delivery fees shipments containing the ordered Goods are provided to the Buyer immediately before he places the order.
Any change in the delivery terms (in relation to those originally agreed), made by the Buyer after the goods have been shipped from the Store’s warehouse, consisting in changing the place or date of delivery, may involve additional costs, which will be borne exclusively by the Buyer. Additional delivery costs should be justified, among others by the decision of the courier company.
Receipt of the order from the courier company should be confirmed by a written receipt. Upon receipt of the shipment, the ownership of the Goods and all risks related to their possession and use, in particular the risk of loss or damage to the Goods, are transferred to the Buyer.
When receiving the Goods, the Buyer should check whether the shipment has not been damaged during transport and whether its content is consistent with the order.
When placing an order, the Buyer undertakes that he or a person authorized by him will be present at the delivery address on the date and time period selected by the Buyer when placing the order. The Store makes every effort to ensure that the order is delivered on the date and time period selected by the Buyer. It is not possible to reserve the exact time of delivery of the order.
In the event that the order is not delivered due to the absence of the Buyer at the time and time interval selected by him when placing the order at the delivery address, the order will be canceled and the amount that the Buyer paid for the order will be returned to the bank account from which the payment was made.
The Store is obliged to deliver Goods without defects.
In the event that the delivery of the ordered Goods is not possible due to the impossibility of reaching the indicated address due to obstacles for which the Store is not responsible, such as a sports event taking place near the delivery address or a traffic ban on the access road to the delivery address, applicable during the hours of order execution indicated by the Buyer, or communicated to the Buyer by the Store, the order will be canceled and the amount paid by the Buyer will be returned to the bank account from which the payment was made. In the situation described above, the Store also has the right to contact the Buyer to agree on a different date for delivery of the Goods, if, taking into account the factual circumstances, it is possible.

9. Right to withdraw from the contract

If the Buyer is a consumer or an entity referred to in section 2 below, he or she has the right to withdraw from the sales contract concluded with the Store within 14 days, without giving any reason, subject to the provisions of section 8 below.
Pursuant to art. 38a of the Act of 30 May 2014 on consumer rights (hereinafter referred to as: “PKU“), the provisions concerning the consumer, contained in Chapter 4 of the PKU (concerning the right to withdraw from the contract in specific cases), shall apply to a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity.
In accordance with the PKU, the Buyer who is a consumer within the meaning of Art. 22[1] of the Civil Code, as well as an entrepreneur who concludes a contract not of a professional nature (hereinafter referred to collectively as: “Entitled Person“), has the right to withdraw from the concluded distance or off-premises sales contract of the Store, without giving a reason and without incurring any costs, except for the costs specified in Art. 33, Art. 34 sec. 2 and Art. 35 PKU, within 14 days from the date of:
1. taking possession of the Goods by the Authorized Person or a third party indicated by him other than the carrier – in the case of a contract in the performance of which the Store issues the item, being obliged to transfer its ownership, unless the contract covers many items that are delivered separately, in batches or in parts – from taking possession of the last item, batch or part or when the contract consists in regular delivery of items for a specified period – from taking possession of the first item;
2. conclusion of the contract – for other contracts.
In order to exercise the right to withdraw from the sales contract concluded with the Store, the Authorized Person is obliged to inform the Store of their decision to withdraw from the contract by submitting an unequivocal statement (a letter sent by post or e-mail before the expiry of the 14-day period).
In the event of withdrawal from the agreement, the Store will return all received payments to the Authorized Person, including the costs of delivering the Goods (except for additional costs resulting from the method of delivery chosen by the Authorized Person other than the cheapest standard method of delivery offered by the Store). Regardless of the above, the Store has the right to withhold the refund until the Goods are received.
The Store will return the payment using the same payment methods that the Authorized Person used to pay for the returned Goods. An exception to the above may be a situation where the Authorized Person agrees to a different method of refund.
The Goods returned in connection with withdrawal from the agreement must be complete (including accessories, packaging and any additions that are an integral part thereof). The Authorized Person is liable for the reduction in the value of the returned Goods resulting from their use in a manner other than necessary to determine the nature, characteristics and functioning of the Goods.
The Authorized Person shall not have the right to withdraw from the contract in the cases specified in art. 38 points 1 – 13 PKU. This applies primarily to Goods:
- which spoil quickly or have a short shelf life,
- supplied in a sealed package, which cannot be returned for health or hygiene reasons after opening the package, if the package was opened after delivery,
- which, due to their nature, are inseparably connected to other items after delivery,
- which are audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,
- which are newspapers, periodicals or magazines.

10. Buyer’s rights under warranty and guarantee

If defects in the Goods are found, the Buyer may file a complaint under warranty.
The Store is liable under warranty for the quality of the Goods offered and considers complaints based on the applicable provisions on warranty resulting from the Civil Code.
The Buyer is obliged to provide data in the complaint that will allow the Store to identify the order, the Buyer who ordered it and the date of the order. For this purpose, the Buyer should provide the Store with the following data in order to enable proper consideration of the complaint:
- Buyer’s data, including e-mail address or correspondence address, enabling the Store to communicate with the Buyer in order to respond to the submitted complaint,
- order number,
- description of the defect of the Goods,
- indication of the desired method of handling the complaint (repair, replacement, price reduction, cash refund).
The Buyer will be notified of the result of the complaint submitted under the warranty immediately, and in the event that the complainant is an Authorized Person (a consumer or an entrepreneur who concludes a contract of a non-professional nature) – no later than within the statutory period of 14 days from the date of receipt of the complaint. The above deadline may vary if, in relation to specific products or due to special circumstances, the complaint processing time resulting from mandatory provisions of law is shorter.
The Store is not obliged and does not consent to out-of-court resolution of disputes with consumers in the manner provided for in the Act of 23 September 2016 on out-of-court resolution of consumer disputes. If, as a result of a complaint filed by a Purchaser who is a consumer, the dispute between the Store and the Purchaser has not been resolved, the Store shall provide the Purchaser who is a consumer, on paper or another durable medium, with a statement of refusal to participate in the out-of-court resolution of consumer disputes.
The Store’s liability under the warranty for defects is excluded to the extent permitted by law.
The Store does not provide a guarantee for the goods sold, their components, parts or components. In relation to the components of the sets sold by the Store, only the manufacturer’s warranty applies, if granted.

11. Personal data protection

The administrator of the data processed for the purpose of order fulfillment is Czerwoński Services, Skierniewicka 34/128, 01-230 Warsaw, NIP: 5993105071, REGON: 080991920 (“Administrator“).
Establishing contact with the Administrator in order to take action at the request of the data subject before concluding the contract is tantamount to expressing consent to the processing of personal data for the purpose of preparing and fulfilling the order, within the meaning of art. 6 sec. 1 letter a) of the GDPR. From the moment of concluding the contract (placing the order), the processing of the Buyer’s personal data takes place on the basis of art. 6 sec. 1 letter a). b) GDPR.
Personal data provided by the Buyer in the order fulfillment process are data necessary for its fulfillment and will be processed by the Store in order to fulfill the concluded contract.
Personal data processing by the Store is carried out in accordance with the provisions of the GDPR, the Personal Data Protection Act of May 10, 2018 (Journal of Laws of 2018, item 1000, as amended), the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended), as well as the Act of July 16, 2004 – Telecommunications Law (Journal of Laws of 2004, No. 171, item 1800, as amended). In connection with the purposes for which the Store processes the personal data of Purchasers, the recipient of their personal data may be entities participating in the performance of the obligations arising from the contract (e.g. the Tax Office, the Social Insurance Institution or companies performing services related to the performance of the contract, such as transport companies), as well as entities intermediating in the activities performed by the administrator, e.g. IT service providers, accounting offices, marketing agencies or law firms.
The Purchaser has the right to access the content of their personal data and correct it, as well as the right to rectify, delete and limit its processing (in cases where it is permissible due to the factual circumstances and legal obligations incumbent on the Store), the right to transfer data, the right to object (e.g. if the data is processed for marketing purposes). The Buyer also has the right to lodge a complaint with the supervisory authority – the President of the Office for Personal Data Protection.
If the processing of the Buyer’s personal data is based on consent (e.g. the Buyer contacted the Store to obtain information about the Goods), the Buyer’s withdrawal of consent to the processing of his personal data does not affect the legality of the processing carried out by the administrator before the withdrawal of consent.
The Buyer may consent to receiving commercial information from the Store via electronic means of communication (to the e-mail address and telephone number).
The Buyer may consent to the Store using telecommunications terminal equipment for direct marketing purposes.

12. Final Provisions

The Store reserves the right to change the Regulations for important reasons, in particular:
- caused by force majeure,
- changes in the scope, scope or type of business activity conducted by the Store or cessation of business activity by the Store,
- changes in the provisions of applicable law or issuance by state authorities of rulings, orders or decisions necessitating a change in the provisions of the Regulations,
- for other reasons, justified by organizational changes in the Store, economic or social reasons, the need to adapt the Regulations to solutions proposed by new technologies or the need to limit or eliminate the actions of Buyers or third parties that are inconsistent with the provisions of the law, principles of social coexistence, good customs or these Regulations.
All photos of Goods and names presented on the Website are used solely for identification purposes and may constitute registered trademarks or may be subject to copyright, owned by third parties, and their further use, exploitation and presentation in part or in whole are prohibited without the prior consent of authorized persons.
The Store does not lend the offered Goods for testing, therefore it is inadmissible to conclude trial contracts or other similar unnamed contracts, such as contracts for testing Goods or sales with reservation of ownership rights.
In matters not regulated by these Regulations, the relevant provisions of the Civil Code and other relevant, generally applicable provisions of law shall apply.
Any disputes that may arise between the Parties to the transaction shall be resolved by a common court having jurisdiction over the registered office of the Store, which does not exclude the rights of Buyers who are consumers in this respect.
Changes to the Regulations come into force after their publication on the Website, in particular this applies to changes in the prices of Goods.
The Regulations in force and published on the Website on the date of conclusion of the agreement shall apply to the agreement concluded between the Store and the Buyer. A change to the Regulations after the date of conclusion of the agreement and before the performance of the obligation by either party shall not affect the content of the agreement already concluded or the rights and obligations of the parties.
If it turns out that any provisions of these Regulations are contrary to or incompatible with the provisions concerning the rights of Consumers, in particular with the provisions of the Consumer Rights Act or constitute an unlawful contractual provision, then such provisions shall not apply only to consumers and shall be considered as if they had not been reserved in these Regulations. The provisions of sec. 8 shall apply accordingly to entrepreneurs concluding a contract that is not of a professional nature, to the extent that it results from the wording of generally applicable provisions of law.
These Regulations are subject to copyright protection and their copying, reproduction in whole or in part without the consent of authorized persons is prohibited and constitutes a violation of copyright, which may result in a lawsuit being filed against the person infringing these rights.
The Store may introduce changes to the Website at any time without the need to notify its users and Purchasers of Goods or third parties in this respect, in particular it may remove available Goods from the Website, change the indicated prices or other elements concerning the presented Goods as well as add descriptions or functions for individual Goods, may introduce new Goods, may introduce, change or remove promotions, sales, etc. Changes to the Website are effective from the date of their publication on the Website and do not apply to agreements concluded before their publication.