Terms and Conditions

Terms and Conditions

§ 1. Definitions

• Terms and Conditions – these Terms and Conditions define the rules for concluding distance sales agreements via the Online Store, the rules for performing such agreements, the rights and obligations of the parties to a distance sales agreement, and the procedures for complaints. Regarding services provided electronically, the Terms and Conditions also serve as the regulations referred to in Article 8 of the Act on Providing Services Electronically.

• Client – a natural person with full legal capacity, a legal person, or an organizational unit without legal personality that has legal capacity under the law, entering into a Distance Sales Agreement with the Seller.

• Consumer – a natural person performing a legal act with an entrepreneur not directly related to their business or professional activity.

• Individual Entrepreneur – a natural person entering into a Distance Sales Agreement directly related to their business activity, when from the content of the agreement it results that the agreement does not have a professional nature for that person, particularly based on the type of business activity registered in the Central Registration and Information on Business.

• Entrepreneur – a natural person, legal person, or organizational unit without legal personality conducting business or professional activity on their own behalf.

• Seller:
  UPGECO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
  Phone: +48 790 301 309
  Email: biuro@upgeco.com
  NIP: PL9592077230
  REGON: 540005456
  Address: Górników Staszicowskich 57, lok. 1, 25-808 Kielce, Poland

• Online Store – the website operated by the Seller at https://upgeco.com, through which the Client can obtain information about the Product, its availability, and purchase the Product or order the provision of a service.

• Distance Sales Agreement – an agreement for the sale of Goods / provision of Digital Services or Digital Content (if applicable), concluded via the Online Store.

• Goods – movable items that the Client may purchase in the Online Store.

• Digital Service – a service allowing the Consumer to:

  • create, process, store, or access data in digital form;

  • share data in digital form created or transmitted by the Consumer or other users;

  • perform other interactions using data.

• Digital Content – data produced and provided in digital form.

• Privacy and Cookies Policy – document specifying detailed rules for personal data processing and the use of cookies; available at https://upgeco.com/pl/privacy-and-cookie-notice.html.

• Durable Medium – a material or tool allowing the Client or Seller to store information personally addressed to them in a way that allows future access for a period appropriate to the purpose of the information, enabling reproduction in unchanged form, e.g., email.

• Electronic Order Form – an electronic procedure made available by the Seller for placing orders.

• Electronic Return Form – an electronic procedure for returns, available at https://upgeco.com/pl/returns-open.html.

• Electronic Complaint Form – an electronic procedure for complaints, available at https://upgeco.com/pl/rma-open.html.

• Order Submission – confirmation of the order by the Client clicking “Order and Pay”, treated as a binding declaration of intent to conclude a Distance Sales Agreement.

• Account – a set of data stored in the Online Store and Seller’s IT system regarding the Client, orders, and Distance Sales Agreements, allowing order placement, modification, or cancellation.

• Order Review / Product Review – subjective statements and ratings (1–5 stars).

• Subscription Order – an order automatically created as part of a Subscription.

• Subscription – an electronic service enabling automatic creation of subscription orders for selected Products at intervals chosen by the Client until the Subscription ends.

• Recurring Payments – payments handled through IdoPay, executed automatically in cycles for subscription orders.

• Operator – IdoPayments sp. z o.o., al. Piastów 30, 71-064 Szczecin, Poland.

• Card – a payment card issued under Visa or Mastercard International systems.

• Quick Purchase Methods – purchases via Google Pay, Apple Pay, or Express Checkout for one-click payments.

• Sales Document – fiscal receipt, VAT invoice, or electronic fiscal receipt (e-receipt/e-invoice) delivered as a PDF.

§ 2. General Provisions

• Services provided electronically include: concluding online sales agreements, registration and use of Accounts, adding reviews, sending confirmation emails, and order status notifications.

• Use of the Online Store requires a browser such as Firefox, Chrome, or Edge, and a PDF reader.

• Product descriptions and prices are invitations to conclude a contract under Article 71 of the Civil Code.

• The Seller makes the Terms and Conditions available on the homepage before, during, and after the agreement.

• Technical and organizational measures are taken to secure communication and data transmission.

§ 3. Orders

• Orders can be placed via Account or guest checkout (creating an internal account).

• Orders are placed by filling in the Electronic Order Form or using Quick Purchase Methods.

• The form specifies Products, prices, quantities, delivery method, and payment.

• For Digital Content or Services not on a physical medium, the Consumer must consent via a checkbox acknowledging loss of withdrawal rights.

• Order submission is binding; confirmation is sent by email.

• Orders can be changed or canceled before processing. Refunds are issued within 3 business days via the same payment method.

• Delivery time: 1–10 business days.

§ 4. Payment

• Payment methods include prepayment, cash on delivery, or deferred payment if individually agreed.

• Payments for subscription orders use recurring payments through a registered Card.

• Available prepayment methods: https://upgeco.com/pl/payments.html.

§ 5. Delivery

• Clients select the delivery method during checkout.

• If the Product is not collected, the Seller may withdraw from the agreement and refund the payment immediately.

• Available delivery methods: https://upgeco.com/pl/delivery.html.

§ 6. Withdrawal – Electronic Return Form

• Consumers and Individual Entrepreneurs may withdraw within 14 days without reason.

• Withdrawal can be done via electronic return form or printed form (Appendix 2).

• Costs of returning the Product are borne by the Client.

• Digital Content or Services may require cessation of use after withdrawal.

• Certain exceptions apply (e.g., custom products, sealed media, perishable goods, digital content with consent).

§ 7. Effects of Withdrawal

• Refunds, including delivery costs, are made within 14 days using the original payment method.

• Seller may withhold refunds until the Product is returned.

• Client bears reduced value if Product used beyond inspection.

§ 8. Complaints

• Complaints can be submitted via electronic form or in writing/email.

• Seller responds within 14 days; silence implies acceptance.

• Costs of justified repairs/replacements are borne by the Seller.

• Digital Content or Services are delivered in accordance with the Consumer Rights Act.

§ 9. Reviews

• Clients can submit reviews (1–5 stars) and text up to 65,535 characters.

• Verified purchases are labeled as such; Seller cannot alter reviews.

• Inappropriate content is prohibited.

§ 10. Intellectual Property

• Clients grant the Seller a non-exclusive, free, unlimited license to use submitted reviews.

• License includes copying, distribution, modification, public sharing, and promotional use.

§ 11. Subscription Sales

• Subscriptions allow automatic recurring orders.

• Payment via recurring payments only.

• Clients can manage or cancel Subscriptions at any time.

• Seller may discontinue or change Subscriptions with prior consent.

§ 12. Final Provisions

• Terms effective from 02.04.2025.

• Polish law governs disputes; Consumers may use out-of-court dispute resolution via UOKiK: www.uokik.gov.pl.

§ 13. Appendix 1 – Right of Withdrawal Information

• Consumers/Individual Entrepreneurs have 14 days to withdraw.

• Notification via written statement or electronic form: https://upgeco.com/pl/returns-open.html.

• Return address: UPGECO SP. Z O.O., Górników Staszicowskich 57, lok. 1, 25-808 Kielce, Poland.

§ 14. Appendix 2 – Model Withdrawal Form

• Template for withdrawal from the agreement (available electronically or as attachment).