Returns and complaints

1. Introductory Provisions

  • The ExactTek Corp online store, available at the Internet address https://exacttek.com/, is operated by EXACTTEK Corp with its registered office in USA 848 Brickell Ave Suite 747, Miami, FL 33131 and REGON: 366864056 NIP: 5252704499

2 Definitions

  • Consumer  – a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to his or her business or professional activity.
  • Seller  – EXACTTEK Corp with its registered office in USA 848 Brickell Ave Suite 747, Miami, FL 33131 and REGON: 366864056 NIP: 5252704499

3. Contact with the Store

  • Seller's address:  848 Brickell Ave Suite 747, Miami, FL 33131
  • Seller's email address: exacttekinc@gmail.com
  • Seller's telephone number: +17865563282
  • Seller's bank account number [Update Soon]
  • The Customer may communicate with the Seller using the addresses and telephone numbers provided in this section.
  • The Customer may communicate with the Seller by phone between 9:30 a.m. and 5:30 p.m.

4 Technical requirements

To use the Store, including browsing the Store's assortment and placing orders for Products, you must:

  • a terminal device with Internet access and a web browser
  • active e-mail account,
  • cookies enabled,

5 General information

  • The Seller shall not be liable, to the fullest extent permitted by law, for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
  • Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.
  • The prices given in the Store are given in Polish zloty and are gross prices (including VAT).

6. Creating an Account in the Store

  • To create an Account in the Store, you must complete the Registration Form. The following data is required: Email address, password
  • Creating an Account in the Store is free.
  • Logging in to the Account is done by entering the login and password set in the Registration Form.
  • The Customer may at any time, without giving any reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses provided in § 3.

7 Rules for placing an Order
In order to place an Order you must:

  • log in to the Store (optional);
  • select the Product that is the subject of the Order and then click the "Add to Cart" button (or equivalent);
  • log in or use the option to place an Order without registration;
  • if the option of placing an Order without registration has been selected – fill out the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice details, if different from the details of the Order recipient,
  • click the “Order and pay” button/click the “Order and pay” button and confirm the order by clicking on the link sent in the e-mail,
  • choose one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 8 point 3.

8. Offered delivery and payment methods

  • The Customer may use the following methods of delivery or collection of the ordered Product:
  • Postal shipment, postal shipment with cash on delivery,
  • Courier delivery, cash on delivery courier delivery,
  • Personal collection available at: ul. Ogrodowa 1A, 00-893 Warsaw, Poland
  • The customer can use the following payment methods:
  • Payment on delivery
  • Cash on delivery
  • Payment by transfer to the Seller's account
  • Electronic payments

3. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.

9. Execution of the sales contract

  • The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
  • After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by sending an appropriate e-mail message by the Seller to the Customer to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statements about receiving the Order and its acceptance for execution and confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the above e-mail message, a Sales Agreement is concluded between the Customer and the Seller.
  • In case of selection by the Customer:
  • payment by bank transfer, electronic payment or payment by card, the Customer is obliged to make the payment within ... calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be canceled.
  • cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
  • cash payment upon personal collection of the shipment, the Customer is obliged to make the payment upon collection of the shipment within ... days from the date of receipt of information about the readiness of the shipment for collection.
  • If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
  • In the event of ordering Products with different delivery dates, the delivery date is the longest date given.

In case of ordering Products with different delivery dates, the Customer may request delivery of the Products in parts or delivery of all Products after the entire order has been completed.

  • The beginning of the delivery period of the Product to the Customer is counted as follows:
  • If the Customer chooses to pay by bank transfer, electronic payment or payment card – from the date of crediting the Seller's bank account.
  • If the Customer chooses cash on delivery as the payment method – from the date of conclusion of the Sales Agreement,

6. If the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer's e-mail address provided when placing the Order.

7. In the event of ordering Products with different readiness for collection dates, the readiness for collection date is the longest date given.

8. The beginning of the period of readiness of the Product for collection by the Customer is counted as follows:

  • If the Customer chooses to pay by bank transfer, electronic payment or payment card – from the date of crediting the Seller's bank account.
  • If the Customer chooses cash on personal collection – from the date of conclusion of the Sales Agreement.

9. The Product is delivered only within Poland.

10. Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery and postal fees) are indicated to the Customer on the Online Store website in the "Shipping Costs" tab and during the placement of the Order, including when the Customer expresses their will to be bound by the Sales Agreement.

11. Personal collection of the Product by the Customer is free of charge.

10 Right of withdrawal

  • The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  • The period specified in paragraph 1 begins upon delivery of the Product to the Consumer or a person indicated by him other than the carrier.
  • In the case of a Contract covering multiple Products that are delivered separately, in batches or in parts, the period indicated in paragraph 1 shall run from the delivery of the last item, batch or part.
  • In the case of an Agreement which involves the regular delivery of Products for a specified period of time (subscription), the period indicated in paragraph 1 shall run from the moment of taking possession of the first item.
  • The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the declaration before the deadline expires.
  • The declaration may be sent by traditional mail, fax or electronically by sending the declaration to the Seller's e-mail address or by submitting the declaration on the Seller's website - the Seller's contact details are specified in § 3. The declaration may also be submitted on a form, the template of which constitutes Annex No. 1 to these Regulations and an annex to the Act of 30 May 2014 on consumer rights, but this is not obligatory.
  • If the Consumer sends the declaration electronically, the Seller shall immediately send the Consumer a confirmation of receipt of the declaration of withdrawal from the Agreement to the e-mail address provided by the Consumer.
  • Consequences of withdrawal from the Agreement:
  • In the event of withdrawal from a Contract concluded at a distance, the Contract shall be deemed not to have been concluded.
  • In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard method of delivery offered by the Seller.
  • The Seller will refund the payment using the same payment method that was used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not involve any costs for him.
  • The Seller may withhold reimbursement until receiving the Product back or until proof of sending it back is provided, depending on which event occurs first.
  • The Consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller of the withdrawal from the Agreement. The deadline will be met if the Consumer returns the Product before the expiry of the 14-day period.
  • The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by regular mail.
  • The Consumer is only liable for any reduction in the value of the Product resulting from using it in a manner other than necessary to establish the nature, characteristics and functioning of the Product.

9. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the costs of returning the Product, will be included in the Product description in the Store.

10. The right to withdraw from a contract concluded at a distance does not apply to the Consumer in relation to the Contract:

  • where the subject of the provision is a non-prefabricated item, manufactured according to the Consumer’s specifications or intended to meet their individual needs,
  • where the subject of the service is an item delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
  • in which the subject of the service is an item that spoils quickly or has a short shelf life,
  • for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the provision that after the Seller has performed the service, the Consumer will lose the right to withdraw from the Agreement,
  • in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the Agreement expires,
  • where the subject of the provision are items which after delivery, due to their nature, are inseparably connected with other items,
  • where the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract and which can only be delivered after 30 days and whose value depends on market fluctuations beyond the Seller’s control,
  • where the subject of the provision are audio or visual recordings or computer programs supplied in a sealed package, if the package was opened after delivery,
  • for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
  • for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the Seller informed him of the loss of the right to withdraw from the Contract,

11. Complaint and warranty

  • The Sales Agreement covers new and used Products. The condition of each used Product is described on the Store's pages.
  • The Seller is obliged to deliver to the Customer an item free from defects.
  • In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code.
  • The warranty for used products is 12 months.
  • Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Regulations.
  • The Seller will respond to the complaint request immediately, no later than within 14 days, and if he fails to do so within this period, it is considered that the Customer's request has been deemed justified.
  • Goods returned under the complaint procedure should be sent to ul. Ogrodowa 1A, 00-893 Warsaw, Poland
  • If a warranty has been granted for the Product, information about it and its content will be included in the description of the Product in the Store.

12. Extrajudicial methods of handling complaints and pursuing claims

  • Detailed information on the possibility of the Consumer using out-of-court methods of complaint handling and claim settlement and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection and at the following websites of the Office of Competition and Consumer Protection: 
  • The consumer has the following examples of possibilities to use out-of-court methods of handling complaints and pursuing claims:
  • The Consumer is entitled to refer to a permanent consumer arbitration court, referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
  • The Consumer is entitled to contact the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Consumer and the Seller.
  • The consumer may obtain free assistance in resolving a dispute between him/her and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).

13. Personal data in the Online Store

  • The administrator of Customers' personal data collected via the Online Store is the Seller.
  • Personal data of Customers collected by the administrator via the Online Store are collected for the purpose of executing the Sales Agreement and, if the Customer consents, also for marketing purposes.
  • The recipients of the personal data of Customers of the Online Store may be:
  • In the case of a Customer who uses the Online Store's delivery method by post or courier, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary carrying out the shipment on behalf of the Administrator.
  • In the case of a Customer who uses electronic payment or payment card payment in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.

4. The Customer has the right to access and correct his/her data.

5. Providing personal data is voluntary, however, failure to provide the personal data indicated in the Regulations and required to conclude the Sales Agreement will result in the inability to conclude said agreement.

14 Final provisions

1. Agreements concluded via the Online Store are concluded in Polish.

2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal regulations, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of each change at least 7 days in advance.

3. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of services by electronic means; the Act on consumer rights, the Act on the protection of personal data.

4. The customer has the right to use out-of-court complaint and claim settlement methods.