Terms of Service

GATE ONLINE STORE AND ELECTRONICALLY SUPPLIED SERVICES
TERMS OF SERVICE



§1. Initial Provisions



These Terms of Service set forth general terms and conditions governing:
A. the use of the Online Store,
B. electronically supplied services, and
C. the conclusion of distance sales agreements;
on the GATE Website under the address www.gatee.eu and www.gatee.pl. The Service Provider/Seller is GATE ENTERPRISE Sp. z o.o. Sp. k. with registered office in Krakow, ul. Torowa 3H, 30-435 Krakow, Poland, entered into the Register of Entrepreneurs of the National Court Register under entry No. KRS 0000774854, registered under Tax Id. No. (NIP) 679-309-53-16 and Industry Id. No. (REGON) 122953493. The User/Client can contact the Service Provider at the e-mail address: online.store@gatee.eu or at the consumer hotline number: +48 12 210 05 23.

These Terms of Service are dedicated both to Consumers and to other parties using the Website.

 

§2. Definitions


1. Whenever these Terms of Service refer to:
A. Terms of Service – this shall mean these Gate Online Store and Electronically Supplied Services Terms of Service;
B. Service Provider/Seller – this shall mean GATE ENTERPRISE Sp. z o.o. Sp. k. with registered office in Krakow, ul. Torowa 3H, 30-435 Krakow, Poland, entered into the Register of Entrepreneurs of the National Court Register under entry No. KRS 0000774854, registered under Tax Id. No. (NIP) 679-309-53-16 and Industry Id. No. (REGON) 122953493;
C. User/Client – this shall mean:

  • a natural person with full capacity and a natural person without full capacity provided that they may conclude an agreement, in compliance with applicable laws. The User/Client may be a natural person who has reached thirteen years and has not been fully incapacitated, where in the case of a natural person who has not reached eighteen years consent of their statutory representative is required;
  • a legal person;
  • an unincorporated business unit awarded capacity under specific regulations;
    that places or intends to place the Order or makes use of the Services. The User/Client may be the Consumer;
    D. Consumer – this shall mean a natural person who performs a legal act unrelated directly with their business or professional activity;
    E. Party – this shall mean the Service Provider/Seller or the User/Client, respectively;
    F. Website – this shall mean a GATE website, available online under the address www.gate.eu and www.gatee.pl, representing an organised online platform via which the Services are rendered, encompassing the gatee.eu, gatee.pl domains and their subdomains held and managed by the Service Provider;
    G. Online Store – this shall mean a GATE online store available online under the address www.gatee.eu and www.gatee.pl through which the Client may purchase the Product;
    H. Agreement – this shall mean the Service Agreement concluded on the Website, in an electronic form, between the Service Provider and the User (distance agreement);
    I. Sales Agreement – this shall mean a product sales agreement within the meaning of the Civil Code concluded between the Seller and the Client via one or several distance communication means (distance agreement);
    J. Services – this shall mean the Website services, i.e. services rendered by electronic means, consisting in providing the User with an option to use the Website’s webpages and functionalities, in particular the Online Store;
    K. Products – this shall mean the Goods or the Additional Services presented in the Online Store. The Seller shall make every effort so that the availability and description of the Goods and the Additional Services in the Online Store are up-to-date. However, if some of the ordered Goods are not available, the Seller shall promptly inform the Client thereof by phone or by e-mail. Presenting the Goods and the Additional Services in the Online Store does not represent a sales offer, but merely an invitation to make an offer;
    L. Goods – this shall mean:
  • a moveable item, or
  • a firmware upgrade of devices distributed by the Seller to extend their functionalities, available on the Website under the address: https://gatee.eu/upgrade.php;
    sold under the Sales Agreement;
    M. Additional Service – this shall mean a service rendered by the Service Provider for the Client outside the Online Store, in connection with the nature of the Goods sold;
    N. Order – this shall mean the Client’s declaration of will, stating unequivocally the Products’ type and quantity, aimed directly at the conclusion of the distance Sales Agreement via the Online Store;
    O. Sales Date – this shall mean the date when the Seller accepts the Order for fulfilment and informs the Client thereof. The placement of the Order as such does not constitute the conclusion of the Sales Agreement;
    P. Personal Data – any information relating to an identified or identifiable natural person (data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
    Q. Information – this shall mean any data, information and any other content entered onto the Website or sent through, to or from the Website;
    R. Force Majeure – this shall mean any external event of an extraordinary nature difficult to predict and impossible to prevent without non-standard activities or expenses, which shall include riots, strikes, armed conflicts, states of emergency, natural disasters, fires, floods, epidemics and states of epidemiological emergency;
    S. Account – this shall mean the Client’s account on the Website. In the Account, data provided by the Client and information about the Orders placed are gathered;
    T. Cart – this shall mean an element of the Online Store software where the Products selected by the Client are visible and where the Order’s data may be determined and modified, in particular the Products’ quantity; the above shall not apply to the Products that represent a firmware upgrade of devices distributed by the Seller that may be ordered directly on https://gatee.eu/upgrade.php;
    U. Civil Code – this shall mean the Polish Act of 23 April 1964 Civil Code;
    V. Copyrights Act – this shall mean the Polish Copyrights and Related Rights Act of 4 February 1994;
    W. Electronically Supplied Services Act – this shall mean the Polish Electronically Supplied Services Act of 18 July 2002;
    X. Consumer Rights Act – this shall mean the Polish Consumer Rights Act of 30 May 2014;
    Y. Competition and Consumers Protection Act – this shall mean the Polish Competition and Consumers Protection Act of 16 February 2007;
    Z. Anti-Money Laundering Act – this shall mean the Polish Anti-Money Laundering and Counter-Terrorism Financing Act of 1 March 2018;
    AA. GDPR – this shall mean 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.
    2. Any capitalised terms defined herein shall have the same meaning in the entire Terms of Service, regardless of their grammatical form, unless the Terms of Service provide otherwise.
    3. Headings assigned to the paragraphs are of no legal value and are aimed exclusively as technical designations facilitating orientation in the structure of the Terms of Service.

    •  

    §3. General Rules


    1. The Service Provider renders the Services by electronic means, remotely, in compliance with the Terms of Service. The Terms of Service represent an integral part of the Agreement.
    2. The Seller sells the Products in the Online Store remotely, in compliance with the Terms of Service. The Terms of Service represent an integral part of the Sales Agreement.
    3. Any appendices referred to herein represent an integral part of the Terms of Service.
    4. The User/Client is obliged to observe the Terms of Service. To place the Order in the Online Store and conclude the Sales Agreement, it is necessary to read the Terms of Service and accept their provisions.
    5. The Agreement shall be concluded as of the moment when the User/Client starts to use the Services. The Agreement is concluded for an indefinite period.
    6. The Sales Agreement shall be concluded on the Sales Date.
    7. The Agreement may be terminated at any time, in particular by removing cookies, logging off from the Website or discontinuing the use of the Services. The Agreement may also be terminated in accordance with rules specified herein. The termination of the Agreement shall result in the termination of the provision of the Services by the Service Provider. The termination of the Agreement shall not affect the Parties’ obligations under the Sales Agreements concluded.
    8. The Service Provider may refrain from rendering the Services, either in whole or in part, in particular when the User:
    A. infringes mandatory rules of law;
    B. infringes the Terms of Service;
    C. infringes the Agreement;
    D. in the case of any repair, maintenance or upgrading in progress. The Service Provider shall share information about any planned temporary service unavailability in advance;
    E. in the case of any security breach of resources of the User, the Service Provider or any third parties.
    Refraining from the provision of the Services shall not affect the Parties’ obligations under the Sales Agreements concluded.
    9. The Agreement shall be terminated with immediate effect in the case of the termination of the Service Provider’s business, the Website shut-down, the withdrawal, limitation, expiry or change of authorisations or terms and conditions necessary for the provision of the Services, or the submission by the User of a request to discontinue processing of their Personal Data, unless this is contrary to mandatory rules of law.
    10. The Service Provider may terminate the Agreement with immediate effect when the User:
    A. infringes mandatory rules of law;
    B. infringes the Terms of Service;
    C. infringes the Agreement;
    D. acts to the detriment of the Service Provide or any third parties.
    11. In each case, the Agreement may be terminated by sending a written statement or an e-mail message to the Service Provider’s address, pointing unequivocally to an intention to terminate the Agreement. The User can contact the Service Provider at the e-mail address: online.store@gatee.eu.
    12. The Online Store sells the Products on a retail basis.
    13. All the Products are brand new, originally packed, free from any physical and legal defects, and have been legally entered on the Polish and foreign markets.

     

    §4. Order Placement


    1. In order to view the Products in the Online Store or place the Orders, it is not necessary to set up the Account. The Orders may be placed via the Account or by providing necessary data allowing for the fulfilment of the Order (without setting up the Account and logging).
    2. The Orders are accepted via the Online Store, by e-mail or by phone.
    3. The Orders may be placed via the Online Store or by e-mail on a 24/7/365 basis. The Orders may be placed by phone exclusively from 9am to 4pm CET (UTC+01:00) on business days Monday through Friday.
    4. In order to place the Order for the Goods that are a moveable item, via the Online Store, the Client shall:
    A. select the Product;
    B. select the quantity of the Product (the quantity of the Product can be selected also in the Cart);
    C. click an ‘ADD TO CART’ button and subsequently 'CONTINUE SHOPPING’ if they continue shopping or ‘SHOW CART’ if they are ready to place the Order;
    D. once in the Cart, log to the Account or provide necessary data allowing for the fulfilment of the Order:

  • the Client’s data,
  • a delivery address,
  • data needed to issue an invoice (optionally),
  • a transaction currency,
  • a shipment method,
  • a payment method,
  • notes and suggestions (optionally),
    E. tick a window to confirm the acceptance of sales terms and conditions (the “Terms of Service”);
    F. click an ‘ORDER AND PAY’ button;
    G. in the case of selecting a PayPal payment – give instructions for payment.
    5. To place the Order for the Goods that represent the firmware upgrades of devices distributed by the Seller (digital content), the Client shall:
    A. provide a serial number of their device on https://gatee.eu/upgrade.php;
    B. select the Product;
    C. provide necessary data allowing for the fulfilment of the Order:
  • the Client’s data,
  • data needed to issue an invoice (optionally),
  • a payment method;
    D. tick a window to confirm the acceptance of the sales terms and conditions (the “Terms of Service”);
    E. click an ‘ORDER AND PAY’ button;
    F. in the case of selecting a PayPal payment – give instructions for payment.
    6. The Order shall be effectively placed if the Client has correctly provided necessary data, has ticked a window to confirm the acceptance of the sales terms and conditions and has clicked the ‘ORDER AND PAY’ button, and in the case of sales by e-mail or by phone, if the Client has correctly provided necessary data, informed the Seller that they accept the sales terms and conditions and place the Order with an obligation to pay.
    7. Having placed the Order, the Client shall receive an automated order placement confirmation to an e-mail address indicated.
    8. If the submitted data are incomplete, if the Product is unavailable or if the Client’s payment has not been received, the Seller shall contact the Client. If it proves impossible or difficult to contact the Client, if it proves impossible to obtain any missing data, if the Product is unavailable or if the Client has failed to pay in a timely manner, the Seller may cancel the Order.
    9. The Sales Agreement shall be effectively concluded on the Sales Date, i.e. upon the placement of the Order by the Client and the Seller’s confirmation of acceptance of the Order for fulfilment. The Seller shall confirm that the Sales Agreement has been concluded, writing to the Client’s address.
    10. The Seller shall commence to fulfil the Order once the Client’s entire payment has been credited to a bank account indicated by the Seller, at the earliest.
    11. The Client may make use of an option to register and log, i.e. to save their data in order to facilitate an order placement process. To this effect, the Client should register on the Website and provide a login and password, required to be given access to the Account. The Client’s login is an e-mail address indicated by the Client in the course of a registration process. A password is a series of characters determined by the Client in the course of a registration process. The Client’s password is not known to the Seller and the Client is obliged to keep it confidential and protect it against unauthorised access. The Client may at any time, without stating a reason and incurring any costs, remove the Account by sending a relevant request to the Service Provider’s/Seller’s address.

    •  

    §5. Payments


    1. Prices of the Products in the Online Store are full prices inclusive of any potential taxes. If the Client outside the European Union selects the Products which represent a movable item to be delivered via a courier company, they may apply a VAT rate of 0%. In order to obtain detailed information, the Client should contact the Seller at the e-mail address: online.store@gatee.eu.
    2. The Client may select a sales currency from among EUR, USD and PLN.
    3. The prices do not include delivery costs. The Seller shall inform the Client about the delivery costs and add them to the Product’s selling price. The delivery costs depend on the type of transport and the Order’s value. The Client can inquire about the costs of particular delivery options during order placement. If a personal collection option is available, personal collection is free of charge.
    4. Payments may be made through PayPal, via a recognised credit/debit card or by means of a transfer to the Seller’s bank account. In the case of some Products, the Seller may limit payment methods of which it shall inform the Clients. If the Client selects a PayPal payment option, they shall be charged with an additional fee for its operator in compliance with the operator’s rules and pricelist, of which the Client shall be informed prior to the placement of the Order.
    5. Payments should be made promptly upon the placement of the Order and confirmation by the Seller of acceptance of the Order for fulfilment.
    6. Detailed payment information is available in the Online Store in a Cart section of the given Product.
    7. For any Goods sold, the Seller shall issue a receipt or a registered proof of purchase (invoice).
    8. The Client gives consent to the issue and sending by electronic means, to an e-mail address indicated by the Client, of electronic billing documents, in particular including: VAT invoices with attachments, VAT correction invoices with attachments, and forms. Further, this consent authorises the Seller to issue and send VAT invoices in an electronic form as well as to send, in an electronic form, confirmations that the Orders have been accepted for fulfilment and confirmations that the Sales Agreements have been concluded.

     

    §6. Goods Delivery



    1. The Goods purchased in the Online Store are delivered worldwide, subject to territorial restrictions under applicable laws.
    2. The Goods are delivered via specialised courier companies or Poczta Polska (the Polish national postal operator). In some cases, the Goods may be personally collected from the Seller’s registered office, and in the case of the Goods that represent digital content – they may be downloaded on an appropriate device.
    3. The Goods are shipped within 1 to 3 (one to three) business days from payment booking. In some cases, the Goods can be shipped at a later date. This applies also to the Goods sold in advance (pre-sale). In such a case, the Seller shall inform the Client about a shipment date. An approximate shipment delivery date depends on a delivery method selected and a destination country, and is specified at order placement. When selecting a transfer payment option, the delivery time indicated on the Website shall be increased by time needed to credit the Client’s entire payment to the Seller’s bank account, usually 1-2 (one to two) business days. Further, in the case of countries outside the European Union, due to distance and potential customs controls the delivery time may be prolonged up to 5 weeks.
    4. Detailed delivery method information is available in the Online Store in a Cart section of the given Product.
    5. The Goods are shipped to an address specified in an order form or provided by phone or by e-mail. The Seller shall promptly inform the Client about the fact that an order form has been filled in incorrectly if this prevents or delays the conclusion of the Sales Agreement or the delivery of the Goods.
    6. Prior to the acceptance of shipment from a postal or a courier service, packaging should be checked for any potential damage inflicted in transport. In particular, the condition of tapes or seals placed on the shipment shall be verified. If shipment package shows any signs of damage or if the seals (tapes) are removed, the shipment shall not be accepted, a damage report shall be prepared in the presence of a courier and the Seller shall be contacted as soon as possible in order to clarify the issue. If discrepancies in terms of shipment quantity or quality are not detected at the acceptance, this might adversely affect the resolution of the Client’s claims filed due to shipment damage or theft in transport.
    7. In the case of the Goods that represent the firmware upgrade of devices distributed by the Seller (digital content), the Client, upon the placement of the Order, conclusion of the Sales Agreement and payment, shall connect to a GATE CONTROL STATION desktop application via a USB-Link or Blu-Link device and install the upgrade purchased.

     

    §7. Withdrawal from Agreement/Sales Agreement

     

    1. If the Service Provider is not informed that the User uses the Services as an entrepreneur not covered with consumer protection or if the nature of the Services does not point to the fact that they are dedicated for entrepreneurs not covered with consumer protection, the Service Provider shall assume that the User uses the Services as the Consumer. The moment of the conclusion, change or termination of an agreement with the Consumer shall be established pursuant to mandatory rules of law, and in the absence of such rules – by provisions of the Terms of Service. The provisions hereof shall apply to the Clients that purchase the Products in the Online Store.
    2. The Consumer who has concluded the distance Agreement/Sales Agreement has the right to withdraw from the Agreement/Sales Agreement without stating a reason and incurring any costs, except for additional delivery costs, direct costs of returning the Goods and costs of the Services/Additional Services provided at the request of the Consumer before the lapse of a time limit for withdrawal.
    3. The right to withdraw from the Agreement/Sales Agreement may be exercised by submitting a relevant withdrawal statement, including also in line with a withdrawal form template attached as Appendix 1 hereto, to the Seller’s address indicated in the form. The statement may be sent by standard post or by electronic means to the Seller’s e-mail address: online.store@gatee.eu. In their withdrawal statement, the Consumer should indicate a bank account number where payments shall be reimbursed, unless the payments are supposed to be reimbursed with the use of the same payment method as used by the Consumer (e.g. to a bank account number from which the payment has been made).
    4. The Consumer may withdraw from the Agreement/Sales Agreement within 14 days.
    5. In the case of the Sales Agreement for the Goods, a time limit for withdrawal shall be counted from the date of releasing the Goods, and in the case of the Agreement and the Additional Service Agreement – from an agreement date. For a time limit to be observed, it is sufficient to send a withdrawal statement prior to its expiry.
    6. The Consumer is obliged to promptly return the Goods that represent a movable item, within 14 days from the date when the Consumer has withdrawn from the Sales Agreement at the latest. For a time limit to be observed, it is sufficient to send back the Goods prior to its expiry. The Consumer shall bear direct costs of returning the Goods to the Seller’s address. The Consumer shall be liable for a decrease in the Goods’ value that is the result of using them in a manner exceeding the one necessary to determine the Goods’ nature, features and operation. The Goods should be returned in a complete and undamaged condition. In the case of withdrawing from a sales agreement for digital content, the Consumer is obliged to connect a digital content medium to the GATE CONTROL STATION APPLICATION in order to uninstall it and subsequently wait until software is automatically updated. The Consumer should notify the Seller about the completion of a digital content uninstallation process. Following the verification of the information by the Seller, payments shall be reimbursed to the Consumer.
    7. The Seller may refrain from reimbursing any payments received from the Consumer until it receives from the Consumer either the Goods or a proof of their returning/uninstallation, whichever comes first.
    8. The right to withdraw from an agreement shall not be available to the Consumer in particular in the case of the Service Agreements/Additional Service Agreements if the Service Provider has fully performed the Service/Additional Service with explicit consent of the Consumer who has been informed prior to the commencement of the provision of the Service that once the Service Provider completes the Service, the Consumer shall forfeit the withdrawal right.

     

    §8. Obligations

     

    1. The User/Client guarantees that any Information sent by them shall not infringe mandatory rules of law. The User/Client is forbidden from sending any illegal Information.
    2. In particular, it is forbidden to send:
    A. any misleading Information,
    B. any fictitious Information,
    C. any Information infringing rights of the Service Provider, other users or third parties,
    D. infringing the Agreement, the Sales Agreement or the Terms of Service,
    E. any Information in breach of mandatory rules of law,
    F. any Information in breach of decency or social norms,
    G. any discriminating, vulgar, offensive or obscene Information, or any Information promoting drug or alcohol consumption,
    H. spam or unsolicited commercial information,
    I. the Personal Data of any third parties,
    J. links to the Information referred to above.
    3. The Service Provider shall promptly delete any prohibited Information from the Website; however, it may keep the Information for archiving or statistical purposes and for purposes involving claims or liability related thereto if this complies with mandatory rules of law.
    4. It is forbidden to:
    A. interfere with the Website’s software code without authorisation or to use software interfering with the Website’s operation;
    B. use the Website for a purpose or in a manner other than the ones specified in the Terms of Service;
    C. during registration, logging or use of the Website/Online Store, use false data, including in particular fictitious or somebody else’s Personal Data for validation or order placement purposes;
    D. use the Services to send out mass e-mailing. The Service Provider may apply technical measures safeguarding against sending undesirable mass e-mailing.

     

    §9. Liability

     

    1. To the fullest extent permitted by law, the Service Provider to the User and the Seller to the Client shall not be responsible for:
    A. damage caused by the Force Majeure;
    B. damage caused by unauthorised interference with the User’s/Client’s ICT system;
    C. consequences of the User’s/Client’s data theft;
    D. consequences of infecting the User’s/Client’s ICT system with malware;
    E. disruptions, including the Website’s/Online Store’s temporary unavailability caused by the Force Majeure, illegal actions of any third parties or incompatibility of the Website/Online Store with the User’s/Client’s technical infrastructure;
    F. damage caused by a third party’s failure to deliver the Goods or deliver them timely. However, if the Goods have been sent by Poczta Polska and the Client has not received the Goods within 8 weeks from a shipment date, the Seller shall re-send the Goods at its own expense. If, due to the above, the Client receives two shipments with the Goods, the Client is obliged to return one of them;
    subject to mandatory rules of law governing liability to the Consumer and the Personal Data.
    2. The Service Provider shall apply due efforts in order to ensure secure, uninterrupted, constant, stable, effective and full availability of the Services and data processing security; nonetheless, it shall not be held liable if ensuring such availability, in given circumstances, has proven impossible or materially hindered, subject to mandatory rules of law governing liability to the Consumer.
    3. The Service Provider’s liability shall be excluded if the Services are unavailable due to their development or introduction to the Website, subject to mandatory rules of law governing liability to the Consumer.
    4. The Service Provider’s liability shall be limited to wilful misconduct and to actually suffered losses, subject to mandatory rules of law governing liability to the Consumer, and in the scope of liability related to the use of the Goods, pursuant to Par. 9.9 below.
    5. The Service Provider shall protect data in compliance with the Privacy Policy attached as Appendix 2 hereto, and the Cookies Policy attached as Appendix 3 hereto.
    6. The User shall be responsible for any consequences of their use of the Website. The User shall be responsible for the consequences of the use of the Website by individuals with whom the User has shared the Account.
    7. The User is obliged to make good to the Service Provider and to any third parties any damage inflicted as a result of the use of the Website, including in particular the damage inflicted as a result of sending to the Website of any prohibited Information, and to indemnify and hold the Service Provider harmless if any third party files a claim against the Service Provider in connection with the use of the Website by the User. The above shall also apply to claims of a third party against the Seller for damage inflicted in connection with the use of the Goods, subject to mandatory rules of law.
    8. The Service Provider is entitled, at any time, to undertake any activities aimed at verifying the User’s/Client’s identity and validating the User/Client, within the meaning of the Anti-Money Laundering Act, and the User/Client is obliged to provide the Service Provider with relevant necessary information, clarifications and documents. The User/Client acknowledges and accepts that if not provided with any required information the Service Provider may refrain from rendering the Services and the Seller may refrain from selling the Products, which shall not serve as a basis for the User’s/Client’s claims against the Service Provider/Seller.
    9. The Seller informs the Clients that:

  • the Goods are not dedicated for use in situations or environments where any breakdown, delay, error or inaccuracy can cause death, injury or material damage;
  • the Goods are not dedicated for use in military systems or purposes;
  • the Goods should be used strictly according to a user manual.
    The Client shall be responsible for any damage inflicted to the Seller, the Seller’s partners or any third parties as a result of the improper use of the Goods. The Client undertakes to indemnify and hold the Seller harmless in the event of any claims, suits, liability, damage and related expenses, in particular legal costs occurring, directly or indirectly, in connection with the improper use of the Goods. The Client expressly represents and accepts that they use the Goods at their own risk. To the fullest extent permitted by applicable laws, the Goods are supplied to the Client ‘as is’ and ‘as available’. The Seller does not grant the Client any warranties or statutory warranties, expressed or implied, unless granting of a warranty or a statutory warranty is directly prescribed by the Terms of Service or legal regulations. The Client accepts full responsibility for the selection of the Goods for specific purposes and for the installation, use and results obtained through the Goods. To the fullest extent permitted by applicable laws, the Seller, its Staff or Partners shall not be responsible for any damage related to the use of the Goods. The above provisions do not limit the Seller’s liability for death or injury for reasons attributable to the Seller if such liability may not be excluded or limited, or any other liability which may not be excluded or limited under mandatory rules of law.

    •  

     

    §10. Technical Requirements and Impact on the User’s/Client’s Devices and Software

     


    1. The User’s/Client’s ICT system shall satisfy minimum technical conditions, i.e.
    A. a browser in the latest stable version: Chrome, Safari, Firefox, Microsoft Edge, Opera,
    B. cookie acceptance enabled,
    C. access to the Internet.
    2. Impact on the User’s/Client’s devices and software has been presented in the Privacy Policy attached as Appendix 2 hereto.

     

    §11. Intellectual Property Rights

     


    1. The Agreement/Sales Agreement shall not transfer rights to any works, invention projects, proposals for improvement, databases, titles or individual or distinguishing designations. The rights are legally protected under: the Copyrights Act, the Act of 30 June 2000 Industrial Property Rights, the Unfair Competition Act of 16 April 1993, the Database Protection Act of 27 July 2001 and other generally applicable laws.
    2. It is forbidden to replicate the Service Provider’s/Seller’s Information, either in whole or in part, in any manner whatsoever, including online and on storage media, and to send, publish, disseminate, modify, develop, re-use or market it in any way that would exceed permitted personal use, including on other websites, in advertising media, by radio or TV broadcasting, by publishing or displaying in press, on billboards, with the use of any telecommunications techniques and technologies, in particular online or on storage media, and by placing links to the Service Provider’s/Seller’s Information in a manner that could prevent source identification.
    3. The Seller grants the Client a licence to use the Goods that represent the Seller’s digital content (the firmware of devices and its modifications) on the terms specified in Appendix 4 to the Terms of Service.
    4. The User/Client represents and warrants that any Information sent, used or stored by the User/Client on the Website is free from any legal defects and claims of any third parties. The User/Client represents that they have all rights and authorisations required for sending, using and storing the Information and that such activities shall not infringe rights or property of any third parties and mandatory rules of law. The User/Client authorises the Service Provider/Seller to store on the Website, free of charge, the Information referred to above and to use it in such a manner as shall be required to ensure the provision of the Services/Sale of the Products.

     

    §12. Technical Support and Complaints

     

    1. The User may report to the Service Provider any technical issues related to the Website’s operation. Whenever such notification is made, the Service Provider shall promptly commence fixing an issue at hand. In order to fix an issue, the Service Provider may interfere with the User’s resources and may refrain from providing the Services. If a source of any issue, including a data security breach, is attributable to the User’s resources, the User is obliged to promptly fix the issue and notify the Service Provider thereof. The Service Provider may also fix the problem on its own, including without the User’s consent, at the User’s risk and responsibility. The Service Provider may decide not to fix minor issues that do not prevent the use of the Website.
    2. Complaints related to the operation of the Website or the Products shall be sent to the Service Provider’s address, including the e-mail address: online.store@gatee.eu.
    3. A complaint shall be filed promptly upon the occurrence of an event that is a source of the User’s concern, within 14 (fourteen) days from the moment when the event has taken place or from when the User has become aware of it, at the latest.
    4. A complaint should include at least: the User’s name and surname, correspondence address, description of issues covered with a complaint, and in the case of complaints related to the Goods, also photos of the damaged Goods, data concerning accessories connected to the Goods and an expected manner of an issue resolution. In the case of some Goods, the Seller may also request a serial number, software version and error numbers. This applies to the Goods that bear or should bear such designations or information.
    5. The Service Provider shall consider a complaint without undue delay, within 14 (fourteen) days from its effective filing at the latest.
    6. In justified cases, a time limit for complaint consideration may be extended provided that the User is informed about ongoing clarification proceedings and about an expected date of a final answer, and if the User has failed to submit all necessary data or provide/make available the defective Goods – about missing data or necessity to provide/make available the defective Goods, respectively.
    7. The Service Provider shall inform the User about complaint resolution to an address indicated by the User.
    8. If a complaint is not accepted or if a complaint is not resolved in line with the User’s request, the User may request of the Service Provider to reconsider the complaint within 14 days from the date when the User has been informed by the Service Provider of the complaint resolution.

     

    §13. Warranty


    1. The Seller is obliged to provide the Consumer with the Goods free from any defects.
    2. The Goods are covered with a warranty of a manufacturer, an importer or the Seller, except for the Goods that represent the Seller’s digital content which are not covered by a warranty.
    3. Liability under warranty shall apply solely to defects arising due to reasons inherent to the Goods, unless a warranty for the given Goods stipulates otherwise.
    4. Warranty related information, including a warranty term, is placed on the Goods’ packaging. The warranty information can also be posted on the Goods’ webpage in the Online Store.
    5. The Client may exercise their rights under a manufacturer’s/importer’s warranty through the Seller.
    6. If a warranty is granted by the Seller, the disputed Goods should:
    A. be sent back at the Seller’s expense, or
    B. if the Parties have so agreed, in the case of the replacement of the Goods with new ones – be destroyed according to guidelines sent by the Seller, while photos confirming that the Goods have been destroyed should be sent to the Seller.
    The Seller is obliged to reply to a warranty claim by e-mail within 14 days from the date of its effective filing.
    7. The repaired or new Goods shall be sent to the Client at the Seller’s expense through Poczta Polska. At the Client’s explicit request, the Goods may also be returned with another delivery method offered by the Seller. In such a case, the Client shall bear potential costs representing a difference between a delivery cost as selected by the Client and a delivery cost charged by Poczta Polska.
    8. To the fullest extent permitted by law, the Parties exclude the Client’s rights under a statutory warranty.
    9. The Client shall not enjoy rights under a warranty if:
    A. the Goods are damaged as a result of the mechanical, thermic or chemical damage inflicted intentionally or randomly, or
    B. the Goods have been used not in accordance with their intended use (not in accordance with a manual), and in the case of: abuse, negligence, excessive physical, electric or electromechanical load, contaminating with a fluid or liquid, changes or modifications of a structure of any part of the Goods (e.g. a removing a heat-shrink tubing); or
    C. it is impossible to provide the Goods’ serial number – e.g. a serial number has been removed or is illegible; or
    D. the Goods have been destroyed or damaged as a result of the improper installation.

     

    §14. Final Provisions

     

    1. For the Services to be provided/the Products to be sold, it is necessary to accept the Terms of Service. When the User starts to use the Services, this shall mean that they have accepted the Terms of Service. In the case of purchasing the Products via the Online Store, the Client confirms to have accepted the Terms of Service.
    2. The Terms of Service shall be governed by and interpreted in accordance with the Polish law, unless mandatory rules of competent law provide otherwise.
    3. Any disputes related to the provision of the Services/Sale of the Products shall be settled by Polish courts of law.
    4. The Terms of Service have been made in Polish and English language versions. For the Consumers who are citizens of Poland, the language of the Terms of Service shall be Polish, with the Agreement/Sales Agreement also being concluded in this language. Otherwise, the Agreement/Sales Agreement shall be concluded in English, unless mandatory rules of competent law provide otherwise.
    5. Prior to the conclusion of the Agreement, the Service Provider/Seller shall provide the User/Client with the Terms of Service, free of charge. At the User’s/Client’s request, the Service Provider/Seller shall share the Terms of Service in such a manner that the Terms of Service can be obtained, reproduced and recorded by an ICT system used by the User/Client.
    6. Amendments to the Terms of Service pertaining to the Users/Clients are made by the Service Provider for important reasons (changes to the type or scope of the Services, changes to payment or delivery methods, including resignation from the provision of the specific Services or adding the new Services, changes to the Website operating processes, adjustment to applicable laws, changes to the Service Provider’s/Seller’s data) and shall enter into force within 14 days from the date of their publication on the Website, and if the User/Client has provided their e-mail address, within 14 days from the date of informing the User/Client thereof, to such an e-mail address. The Service Provider shall notify the User/Client of any planned changes, their scope and important reasons for the changes, and send a link to an amended content of the Terms of Service. The User/Client that does not agree to the amendments shall inform the Service Provider thereof. The Terms of Service in the wording applicable when the Client has placed the Orders shall apply to the Sales Agreements.
    7. The Service Provider shall inform the Consumer about an option to use out-of-court procedures for complaint resolution and pursuit of claims, and rules of access to the procedures. Relevant detailed information is available on http://www.uokik.gov.pl and in offices and on websites of county (municipal) consumer ombudsmen, social organisations whose statutory responsibilities involve consumer protection and Regional Trade Inspectorates. In particular, the Consumer may:
    A. apply to the Trade Inspectorate’s regional inspector, pursuant to Art. 36 of the Trade Inspectorate Act of 15 December 2000, with a motion for mediation proceedings;
    B. instigate proceedings before the permanent consumer arbitration court referred to in Art. 37 of the Trade Inspectorate Act of 15 December 2000;
    C. use assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory responsibilities involve consumer protection;
    D. use a platform of an online system for dispute resolution between consumers and entrepreneurs at the EU level (the ODR platform) at the address: http://ec.europa.eu/consumers/odr/.
    8. The Terms of Service are accompanied by the following Appendices:
    A. Appendix 1 – Withdrawal Form Template,
    B. Appendix 2 – Privacy Policy,
    C. Appendix 3 – Cookies Policy,
    D. Appendix 4 – Software Licence.
    9. In any issues not governed with the Terms of Service, provisions of the Civil Code, Copyrights Act, Electronically Supplied Services Act, Consumer Rights Act, Competition and Consumers Protection Act and GDPR shall in particular apply.
    10. The Terms of Service shall enter into force once published on the Website.

     

    APPENDIX 1 TO TERMS OF SERVICE
    AGREEMENT WITHDRAWAL FORM TEMPLATE

     

    (the form to be filled in and sent only when intending to withdraw from an agreement)

    GATE ENTERPRISE Sp. z o.o. Sp. k. with registered office in Krakow, ul. Torowa 3H, 30-435 Krakow, Poland, entered into the Register of Entrepreneurs of the National Court Register under entry No. KRS 0000774854, registered under Tax Id. No. (NIP) 679-309-53-16 and Industry Id. No. (REGON) 122953493,
    e-mail: online.store@gatee.eu

    I/we(*) hereby inform(*) you about my/our withdrawal from the Service Agreement/Sales Agreement for the Goods/Additional Service Agreement.

    ________________________________________
    Specification of the Service/Goods/Additional Service

    ________________________________________
    Agreement/delivery date

    ________________________________________
    Name and surname of the Consumer(s)

    ________________________________________
    Address of the Consumer(s)

    ________________________________________
    E-mail address of the Consumer(s) (if any)

    ________________________________________
    The Consumer’s bank account number for payment reimbursement

    ________________________________________
    Signature of the Consumer(s)
    (only if the withdrawal statement is in the paper form)

    ________________________________________
    Date
    (*) delete as appropriate

     

    APPENDIX 2 TO TERMS OF SERVICE
    Privacy Policy

     

    This Policy is aimed at informing users and clients of the GATE Website (the Website) (the Users, the Clients) what Personal Data may be processed on the Website; further, it presents processing purposes, the manner of using the data and related rights available to the Users/Clients. A personal data controller (the Controller) protects the Users’/Clients’ privacy and ensures security of data submitted by them. The Controller complies with personal data processing rules and applies technical and organisational measures which guarantee that the data are secure and processed as prescribed by law. The Users’/Clients’ Personal Data are always processed in conformity with applicable laws, including in particular pursuant to the Regulation of the European Parliament and of the Council 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 (the GDPR). The Personal Data may be processed in the Users’/Clients’ cookies, in line with rules laid down in the Cookies Policy.

    Who is the Controller?
    The Controller is GATE ENTERPRISE Sp. z o.o. Sp. k. with registered office in Krakow, ul. Torowa 3H, 30-435 Krakow, Poland, entered into the Register of Entrepreneurs of the National Court Register under entry No. KRS 0000774854, registered under Tax Id. No. (NIP) 679-309-53-16 and Industry Id. No. (REGON) 122953493. The Controller has appointed a Data Protection Officer who can be contacted in any data protection issues at the e-mail address: iodo@gatee.eu. Data subjects can contact the Controller also otherwise as preferred, including verbally and in writing at the Controller’s address.

    Purposes of, and legal bases for, processing of the Personal Data:

  • provision of the Services on the Website:
    For some Services on the Website to be rendered, it might be necessary to provide the Personal Data. In such a case, the Personal Data are processed in order to take up activities, at the User’s request, prior to entering into the Agreement, and to perform the Agreement (Art. 6.1.b of the GDPR). Should no Personal Data be provided, it will not be possible to render some Services for the User. The Controller may process the following data of the User/Client: nick, name, surname, password hash, e-mail, country, Google ID, Facebook ID, Apple ID, information on participation in a ranking;
  • sale of the Products in the Online Store:
    In order to purchase the Products, it is necessary to provide the Personal Data. In such a case, the Personal Data are processed in order to take up activities, at the Client’s request, prior to entering into the Sales Agreement, and to perform the Sales Agreement (Art. 6.1.b of the GDPR). Should no Personal Data be provided, the Orders may not be placed and the Products sold. The Controller may process the following data of the User/Client: IP address, country of a transaction, transaction ID, information on the successful completion of a transaction, purchase amount, purchase date, name and surname, e-mail, VAT-EU number, organisation name, organisation address, MCC code of a card;
  • communication with the User/Client:
    The Personal Data are processed in order to communicate with the User/Client (Art. 6.1.f of the GDPR). The Personal Data are provided on a voluntary basis but the provision thereof is necessary to receive a reply from the Controller. In such a case, the Personal Data are processed due to the Controller’s legitimate interests. The Controller’s legitimate interests consist in communicating with an individual who requests of the Controller to provide an answer. The Controller may process the following data of the User/Client: nick, name, surname, e-mail, Google ID, Facebook ID, Apple ID. As its legitimate interests pursuant to Art. 6.1.f of the GDPR, the Controller also considers: exercise and defence against legal claims, fraud prevention, keeping statistics and analyses, ensuring security of an ICT environment, application of internal control systems and in some cases also direct marketing of its own services, where for marketing purposes the Controller may process the Personal Data also with the User’s/Client’s consent (Art. 6.1.a of the GDPR). The User/Client may withdraw such consent at any time;
  • newsletter:
    The Personal Data are processed in order to send newsletter with to the User's/Clinet’s consent (Art. 6.1.a of the GDPR and art. 172 Telecomunication Law) and (Art. 6.1.f of the GDPR). The Personal Data are provided on a voluntary basis but the provision thereof is necessary to newsletter from the Controller. In such a case, the Personal Data are processed due to the consent and Controller’s legitimate interests. The Controller’s legitimate interests consist considers direct marketing of its own services and products. The Controller may process the following data of the User/Client: e-mail. The User/Client may withdraw such consent at any time without any consequences.
  • financial settlements:
    The Personal Data are processed in order to fulfil contractual obligations (Art. 6.1.b of the GDPR) and to comply with the Controller’s legal obligations resulting in particular from accounting policies and tax related regulations (Art. 6.1.c of the GDPR). Processing of the data applies exclusively to the Services available against payment and to the Sale of the Products in the Online Store. The provision of the Personal Data is a statutory requirement necessary for the discharge of obligations resulting from accounting policies and tax related regulations. The Controller may process the following data of the User/Client: IP address, country of a transaction, transaction ID, information on the successful completion of a transaction, purchase amount, purchase date, name and surname, e-mail, VAT-EU number, organisation name, organisation address, MCC code of a card, card issue country, card expiry date, card type (VISA/MASTERCARD, etc.), information on a PayPal account, part of a card number, information on the Product purchased, device serial number, platform where payment has been made.

    •  

    Recipients of the Personal Data:
    The Personal Data may be processed by the Controller’s service providers rendering, among others, financial settlement (including payment intermediaries such as PayPal (Europe) S.a.r.l. et Cie, S.C.A.), legal, advisory, consulting, archiving and IT services. The Users’ Personal Data may be transferred to providers of maintenance services related to software used by the Controller and to hosting service providers. In the case of purchasing the Goods in the Online Store, the Personal Data may be transferred to entities involved in the delivery of the Goods to the Clients (carriers, intermediaries). In the case of purchasing the Goods in the Online Store on an instalment basis, the Personal Data may be transferred to entities involved in a crediting process.

    The Personal Data will not be shared with any third parties or transferred to any third countries outside the EEA, unless this proves necessary and the User gives consent thereto, or an obligation or option of sharing the data results from mandatory rules of law, a final and non-appealable court judgment or a final decision of a relevant body. In particular, the Personal Data may be transferred to a third country to entities involved in the delivery of the Goods to the Client in the territory of the third country, subject to GDPR requirements.

    What does profiling involve and are any data on the Website subject to profiling?
    Profiling consists in any form of automated processing of the Personal Data evaluating the personal aspects relating to a natural person, in particular to analyse or predict aspects concerning the data subject’s work performance, economic situation, health, personal preferences or interests, reliability or behaviour, location or movements, where it produces legal effects concerning the data subject or similarly significantly affects the data subject. The data on the Website, including in the Online Store, are not profiled.

    How can the Personal Data be changed?
    The User/Client has the right of access to content of their Personal Data and the right of rectification and erasure of the Personal Data, the right to restrict processing and the right to data portability. Further, the User/Client has the right to object to the processing of the Personal Data, for instance if the Controller profiles the data of the User/Client. The User/Client who has given consent to the processing of the data has the right to withdraw their consent at any time without affecting the lawfulness of processing carried out on the basis of the consent prior to the withdrawal. To this effect, the User/Client can contact the Controller at the e-mail address: online.store@gatee.eu or iodo@gatee.eu. The User/Client can contact the Controller also otherwise as preferred, including verbally and in writing at the Controller’s address. As for cookies, the User/Client can make relevant changes on their own, in accordance with rules laid down in the Cookies Policy.

    How does the Controller protect the Personal Data?
    The Controller protects the Users’/Clients’ data against unauthorised access, disclosure, change or destruction. In particular, the Controller makes use of data encryption, physical security measures and verification in IT systems. Further, the Controller uses anti-virus software and firewalls. The Users’/Clients’ data may be accessed exclusively by authorised individuals bound by confidentiality and by subcontractors that have entered into a personal data subprocessing agreement with the Controller and satisfy security criteria set forth therein.

    How long will the Personal Data be processed?
    In the case of the provision of the Services, the Personal Data are processed for as long as the Services are provided (including also the Account Services on the Website), and in the case of the Services available against payment – also until payment is settled, subject to the data to the processing of which the User/Client has given separate consent or in the case of which there exists another basis for their processing. In case of the sale of the Products, the Personal Data are processed for the duration of a sales process, including delivery and payment settlement. In the case of communication with the User/Client, the Personal Data are processed for a period necessary to provide the User/Client with an answer. To a limited extent, the Personal Data may also be processed upon the lapse of the above periods until any potential legal claims become time-barred or for as long as possible or required in compliance with applicable laws, e.g. for statistical purposes or to document a transaction. Upon the lapse of a processing period, the Personal Data are permanently deleted or anonymised.

    Other personal data processing related rights of the Users
    The User/Client has the right to lodge a complaint with the President of the Personal Data Protection Office if they consider that their Personal Data are processed in breach of mandatory rules of law.

    This Policy shall apply once published on the Website.
     

     

    APPENDIX 3 TO TERMS OF SERVICE
    COOKIES POLICY

     

    This Policy is aimed at informing users and clients of the website, including the GATE online store (the Website, the Online Store) (the Users, the Clients) about purposes of storing and gaining access to cookies at the Users’/Clients’ terminal equipment and about options to set terms of storing and gaining access to the cookies through browser settings. The Website’s controller (the Controller) may store the cookies in the Users’/Clients’ terminal equipment and have access thereto.

    Cookies used by the Controller are safe for the User’s/Client’s devices. In particular, they do not transmit viruses or other malware.

    What are cookies?
    Cookies are information saved in text files sent by the Website to the User’s/Client’s browser and resent by the User’s/Client’s browser when the User/Client revisits the Website. The cookies are stored in the User’s/Client’s terminal equipment. The cookies are used to maintain the User’s/Client’s session and to save other data so that the User/Client does not need to enter the same information whenever they use the Website/Online Store. Among other things, the cookies remember an origin website name, data of the User’s/Client’s browser, a unique number and a period for which the data will be stored in the User’s/Client’s device.

    Why does the Controller use cookies?
    The Controller uses the cookies in order to:

  • recognise the User’s/Client’s device and its location and to properly display the Website/Online Store customised to the User’s/Client’s needs;
  • optimise and improve the Services’ efficiency, by creating anonymous statistics that help understand how the Users/Clients use the Website/Online Store, via Google Analytics services.

    •  

    What kind of cookies are used by the Website?

  • Session cookies – files stored in a browser’s memory until it is closed, required for the Website’s functionalities to operate correctly;
  • Permanent cookies – files stored in a browser’s memory for a specific period. Among other things, they guarantee the proper navigation and layout of the Website. A period for which these files are stored depends on selection which the User/Client can make in their browser settings. This type of the cookies allows for information to be passed to the Website whenever the Website is visited by the User/Client;
  • Google Analytics cookies – files stored in a browser’s memory for the purposes of website traffic statistics and analytics. The analytics service is provided by Google Inc. of USA. Information obtained with the use of this tool is not shared with any entities other than Google, and serves only to report the User’s/Client’s interactions on the Website.

    •  

    Who is the Controller of the Website?
    The Controller is GATE ENTERPRISE Sp. z o.o. Sp. k. with registered office in Krakow, ul. Torowa 3H, 30-435 Krakow, Poland, entered into the Register of Entrepreneurs of the National Court Register under entry No. KRS 0000774854, registered under Tax Id. No. (NIP) 679-309-53-16 and Industry Id. No. (REGON) 122953493; contact address: iodo@gatee.eu. The User/Client can contact the Controller also otherwise as preferred, including verbally and in writing at the Controller’s address.

    Browser settings
    The User’s/Client’s browser might by default allow for storing of the cookies. At any time, the User can set terms of storing and accessing data saved in the cookies, through browser settings. The cookies can be blocked; an option of storing the cookies can be restricted (e.g. by informing the User/Client about cookie installation on a case-by-case basis) or access to the cookies can be limited; however, any blocking or restricting of the cookies might prevent the use of the Website and/or purchase of the Products on the User’s/Client’s terminal equipment. Detailed information on the options and manner of handling the cookies is available in browser settings. More information on cookies management is available in a given browser’s functionalities.

    This Policy shall apply once published on the Website.

     

     

    APPENDIX 4 TO TERMS OF SERVICE
    SOFTWARE LICENCE

     

    The Seller grants the Client, without any territorial restrictions, a non-exclusive, non-transferrable, non-commercial, personal licence for the installation and use of the Goods that represent the Seller’s digital content – devices’ firmware and it’s modifications (the Software), for an indefinite period, to be used in one device. The licence shall be granted once the Client has paid for the Goods. Under no circumstances may the Client use the Software or share it with any other entities for commercial purposes. In particular, it is forbidden to sell, transfer rights to or use the Software for purposes other than the ones set forth in the Terms of Service. The Client may, on a one-off basis, permanently transfer the entire licence for the Software together with a device, where in such a case a buyer must undertake to comply with terms and conditions of the Terms of Service, including this licence, which the Client guarantees. The Software is provided under licence, with no authors’ copyrights thereto being transferred. The licence shall apply to the following fields of use: download, installation, entering, display, launch, use and storage, in compliance with the Software’s intended use, exclusively for personal purposes. The Client does not acquire the right to use and dispose of derivative rights. The Client is obliged not to undertake any activities aimed, either directly or indirectly, at disclosing the Software’s source code or any activities consisting in translating, adjusting or changing the Software’s structure or otherwise changing the Software, unless such a right is prescribed by mandatory rules of law. The rules governing liability pursuant to Par. 9.1-9 of the Terms of Service shall apply accordingly.