Terms of the Tool Service

version current as of 01.10.2020

Dear user,

Below you will find the terms and conditions of the Service. The Site Services are provided by RAWLPLUG S.A., seated in Wrocław („Rawlplug”) to its current and potential customers as a result of Service Requests made via the Site. The Rules and Regulations shall apply for the benefit of Rawlplug and its subsidiaries and affiliates, i.e. the Rawlplug Group (see: Privacy and Security Policy).

Please read the Terms and Conditions carefully before making a Service Request.

By agreeing to be bound by these Terms and Conditions, you are deemed to have a full understanding of the language in which they are drafted.

I. Definitions

Guarantee Document – a document attached to the Service Product containing an individual serial or batch number or other identification data specifying the terms and conditions of Rawlplug’s warranty for the given Service Product (e.g. warranty card).

Customer – a user making a Service Request who has purchased Service Products in the Country of Purchase.

Koelner Polska sp. z o.o. – Koelner Polska sp. z o.o. with the registered office in Wrocław, ul. Kwidzyńska 6c, 51-416 Wrocław, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna, 6th Commercial Division, under number 0000435337, NIP 8952016248. e-mail address: info@rawlplug.com, phone: +48 (71) 32 60 100.

Country of Purchase – territory of Poland, resulting from the proof of purchase of the Service Product, attached to the Service Request form, unless the sales contract is governed by the law of another country.

Product(s) Servicing – product(s), whose manufacturer or seller is Rawlplug or Koelner Polska z o.o., having an individual serial number or series number or other identification data appearing on the product and the accompanying documents, including the Warranty Document, against which Rawlplug or Koelner Polska sp. z o.o. granted a warranty or guarantee for physical or legal defects, purchased in the Country of Purchase, against which Rawlplug offers the possibility to use the Service via the Site (selection from a closed list).

Rawlplug – RAWLPLUG S.A. with registered office in Wrocław, ul. Kwidzyńska 6, 51-416 Wrocław, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław- Fabryczna, VI Economic Department, under number 33537, NIP 8951687880. e-mail address: info@rawlplug.com, phone: +48 (71) 32 60 100.

Regulations – these Terms of Service of the Website.

Warranty – examining the Customer’s statements on exercising the rights under the warranty for physical or legal defects of the Service Product and the fulfilment by Rawlplug of the Seller’s obligations under this title, including on behalf and for the benefit of Koelner Polska sp. z o.o.; according to the principles described in pt. IV.

Warranty service – examining the Customer’s declarations of exercising warranty rights in connection with the sale of the Service Product for which Rawlplug issued a Warranty Document and performing by Rawlplug the guarantor’s obligations on this account, pursuant to the principles laid down in point V.

Service Non-warranty – services for repair by Rawlplug of Service Products not covered by the Warranty Document accompanying the Service Product („Post Warranty Repair”), or the sale of replacement parts, accessories for Service Products or other products by Rawlplug („Goods”).

Website – the website at www.modeco-expert.com through which users can make Service Requests.

Maintenance services – Warranty, Guarantee or Post-guarantee Service provided by Rawlplug as a result of a Service Request, on the terms and conditions described in these Terms and Conditions.

Service Request – a declaration made by a user of the Site through a form available on the Site, described in detail in point II.4. II.4.

II. General Provisions

1. The Rules and Regulations govern the provision of the Site Services by Rawlplug.
2. Rawlplug shall be entitled to unilaterally amend the Terms and Conditions at any time. The amendment shall become effective as of the date of its publication on the Site. The amendment shall not apply to agreements for the provision of the Site Services concluded prior to the publication of the amendment.

1. The Services are provided as a result of Service Requests made by you through the Site.

1. Making a Service Request by a user of the Site constitutes, depending on the type of Service selected, a Service Request:

1. 1. an enquiry about the possibility to conclude a contract (invitation to tender) in the case of Out of Warranty Service;
  2. a statement on the exercise of rights under the warranty for defects of the goods sold in the case of the Warranty Service or under the warranty on sale in the case of the Warranty Service.

1. At the moment of acceptance of the Service Request by Rawlplug, depending on the type of the Service Request, the following shall happen:

1. 1. Rawlplug’s offer to conclude an appropriate agreement in the case of Out of Warranty Service,
  2. to accept the Customer’s claims under the warranty for defects of the goods sold or the guarantee in the case of the Warranty or Guarantee Service respectively.

1. The parties exclude the possibility of implicit acceptance of a Service Request.

1. In the case of Warranty or Guarantee Service, the acceptance of the Service Request does not in any case mean that the Customer’s claims under the warranty for defects of the goods sold or the guarantee at the time of sale, respectively, have been accepted. Acceptance of the notification shall be deemed to be the beginning of the analysis of the validity of the Customer’s claims.

1. In the case of Non-warranty Service, the acceptance of the Service Request shall in no way imply the conclusion of a contract, but shall constitute an offer by Rawlplug to the Customer to conclude the relevant contract.

1. In any event, prior to accepting a Service Request, Rawlplug may contact the user making the Service Request by telephone or email to obtain additional information regarding the Service Request or any other information that Rawlplug believes is necessary to accept the Service Request.

1. In the case of discrepancies between the content of the Terms and Conditions and the content of the contract individually agreed with the Customer, the provisions of the contract shall prevail.

III. Filing of Service Requests

Submitting a Service Request requires the submission of a registration form and your prior agreement to be bound by the Terms and Conditions and the Privacy and Security Policy by reading them carefully, ticking the relevant „check-boxes” and clicking the „Submit” or other similar button.
The User shall select the appropriate type of Service Request depending on the type of Site Services he/she wishes to use. In the Service Request form the user is obliged to provide information, including personal data, necessary to perform the Service in accordance with the field title. The user may also provide other optional information if an appropriate field is provided.
Submitting a Service Request, in addition to the mandatory data and information described in section 2, requires:
1. select the purchase index of the Service Product to which the Service Request relates from the drop-down list,
2. in case of Warranty or Guarantee Service the User shall also attach to the Service Request a file (in .jpg, .png or .pdf format not larger than 10MB) with the image of the proof of purchase of the Service Product from Rawlplug or Koelner Polska sp. z o.o., showing the purchase date, seller’s data and purchase index.
Submissions made through the Site may be confirmed by email from Rawlplug. Under no circumstances shall confirmation of the making or receipt of a Service Request by Rawlplug be deemed to be an acceptance of the Service Request.
Rawlplug has 30 days to accept the Service Request, this deadline being an instructional deadline and exceeding it shall not have any legal consequences, subject to contrary provisions of the contract of sale of the Service Product between Rawlplug or Koelner Polska z o.o. and the Customer or mandatory regulations, and in case of the Warranty Service, also the Warranty Document attached to the Service Product.
Rawlplug is not obliged to accept the Service Request. In the case of Warranty or Guarantee Service, acceptance of the Service Request may be refused only if the Customer has not sent Rawlplug the data or information referred to in Clause 2 or 3 above.

IV. Warranty

Only the Customer who purchased the Service Products in the country of purchase directly from Rawlplug or Koelner Polska sp. z o.o. on the basis of a sales agreement governed by Polish law may make a Warranty Service Application.
The following provisions as well as provisions of commonly binding regulations are applicable subject to contrary provisions of the contract of sale of the Service Product concluded between the Customer and Rawlplug or Koelner Polska sp. z o.o.
If the Customer is a consumer who purchased the Service Products directly from Rawlplug or Koelner Polska sp. z o.o., for purposes not related to his business activity, the handling of Service Requests under the Warranty shall always be in accordance with the mandatory provisions of law, subject to the following provisions.
Upon acceptance of a Warranty Service Request, Rawlplug shall, at its expense, arrange for delivery of the Service Product to Rawlplug insofar as the collection of the Service Product from the Customer is to take place in the Country of Purchase. Rawlplug shall contact the Customer by telephone or e-mail and give the Customer detailed instructions relating to the delivery of the Service Product to Rawlplug. The Customer undertakes to perform all acts which, according to Rawlplug’s instructions, are necessary to deliver the Service Product to Rawlplug and do not cause undue inconvenience to the Customer.
Any time limits for the fulfilment of obligations under the warranty for physical or legal defects of the item sold shall run from the moment of delivery of the Service Product to Rawlplug.
Rawlplug has the right to refuse to fulfil the Customer’s claims if Rawlplug or Koelner Polska z o.o. are not responsible under warranty for defects of the sold thing or if this responsibility was contractually excluded or limited by the parties to the sales agreement. In such an event, the Customer is obliged to reimburse Rawlplug for the costs of delivering the Service Product to Rawlplug and returning it to the Customer. Rawlplug and the Customer may also agree that the Customer shall make use of the Post-warranty Service.
If the Customer is NOT a CONSUMER, the liability of Rawlplug or Koelner Polska sp. z o.o. under warranty for physical or legal defects of the sold thing and liability for failure to perform or inadequate performance of the agreement shall be modified as follows:
1. The Customer loses his/her rights under the warranty for physical or legal defects of the sold thing if he/she fails to notify about the defect of the Product within 14 days from its detection.
2. If a defect in the Product is discovered, Rawlplug, at its sole discretion, may remedy the defect or deliver instead of the defective Products, an equal quantity of defect-free Products or apply a price reduction. It shall be for Rawlplug to decide how to fulfil the Warranty.
3. Rawlplug shall have 21 days to respond to the Customer’s claims under the warranty for physical or legal defects of the item sold made within the Service Request. If the claims are accepted, they shall be implemented within 21 days from the date of delivery of the response to the Customer. If Rawlplug fails to respond to the Customer’s claims within 21 days, the claims shall be deemed accepted.
4. The Customer shall not make any claims against Rawlplug or Koelner Polska sp. z o.o. for defects in the Products other than those specified in the above paragraphs, in particular compensation for failure to perform or improper performance of the agreement, subject to Rawlplug’s guarantee liability or other liability, the waiver of which is ineffective under mandatory provisions of law.
5. Rawlplug or Koelner Polska sp. z o.o. shall not be liable for any damage other than actual damage, excluding in particular lost profits, and Rawlplug’s liability shall be limited to the net price of the defective Service Product.

V. Guarantee Service

A Warranty Service Request may only be made by a Customer who purchased in the country of purchase the Products for which Rawlplug issued a Warranty Document.
Processing of Service Requests within the scope of the Warranty Service takes place in accordance with the contents of the Warranty Document.
Upon acceptance of the Warranty Service Request, Rawlplug shall, at its expense, arrange for delivery of the Service Product to Rawlplug insofar as the collection of the Service Product from the Customer is to take place in the territory of the Country of Purchase. Rawlplug shall contact the Customer by phone or e-mail and provide the Customer with detailed instructions on how to deliver the Service Product to Rawlplug. The Customer undertakes to perform all acts which, according to Rawlplug’s instructions, are necessary to deliver the Service Product to Rawlplug and do not cause undue inconvenience to the Customer.
Rawlplug shall have the right to refuse to exercise Customer’s rights in the cases indicated in the Warranty Document if it is not liable to Customer under the warranty at the time of sale, or if the Service Product was not purchased by Customer in the Country of Purchase. In such cases, Customer shall reimburse Rawlplug for the costs of delivering the Service Product to Rawlplug and returning it to Customer. Rawlplug and the Customer may also agree that the Customer shall use the Post-warranty Service.

VI. Out-of-warranty service

With regard to the After-Sales Service, Rawlplug may, without justification and at any time up to the commencement of performance, withdraw from the contract.
In case of Post-warranty Repair:
1. Before accepting the Service Request, Customer shall send the Service Product to Rawlplug’s service department at its own expense and expense. Rawlplug may also collect the Service Product from the Customer at the Customer’s expense. Details shall be agreed with an employee of the Rawlplug service in accordance with pt. II.9
2. Upon receipt of the Service Product, Rawlplug shall proceed to examine the technical condition of the Service Product and to estimate the cost of performing the Post-Construction Repair.
3. Subsequently, Rawlplug shall send to the Customer by e-mail an acceptance of the Service Request (order summary) containing:
  - a description of the defect or maintenance work required;
  - the price for the various services under the Aftercare Repair (including taxes) and details of when and how to pay,
  - the date of performance,
  - determine the method of delivery of the Service Product to Rawlplug or its return to the Customer of the Service Product after the Post-Condition Repair and any associated fees (including taxes).
In the event of sale of Goods, Rawlplug shall send the Customer an order summary containing:
1. 1. a detailed description of the Goods sold,
  2. the price (including taxes) and details of the date and method of payment,
  3. the date of delivery of the Goods sold,
  4. to specify how spare parts are to be delivered to the Customer and the related charges (including taxes).
Rawlplug’s offer in accepting the Service Request is valid for 10 working days.
The Customer’s acceptance of Rawlplug’s offer resulting from the acceptance of the Service Request and the conclusion of the agreement for the provision of Out-of-Condition Service shall take place at the time of payment by the Customer. Payment shall be deemed to have been made when the full amount resulting from the order summary has been credited to Rawlplug’s bank account.
Upon conclusion of a contract, Rawlplug shall immediately send a confirmation of conclusion of the contract to the Customer’s e-mail address.
In the case of Post-warranty Repair, if the Customer does not accept Rawlplug’s offer, the Customer shall bear the costs associated with the collection of the Service Product from the Customer and its return to the Customer by Rawlplug.
Rawlplug undertakes to carry out Post-warranty Repair or to sell the Goods free from defects.
In case of Customers who are NOT CONSUMERS, the liability of Rawlplug under the warranty for defects with respect to the agreements referred to in Clause 2 shall be pursuant to the rules referred to in Point V, Clause 7. V, paragraph 7.
In THE CASE OF CUSTOMERS WHO ARE CONSUMERS the following provisions shall apply:
1. The customer has the RIGHT TO WITHDRAW from the contract referred to in paragraph 2:
  1. in case of a contract of sale of Goods – within 14 days from the date of delivery of sold Goods to the Customer.
  2. in the case of an agreement for Post-Coverover Repair – within 14 days of its conclusion, subject to the provisions of point f below;
2. A specimen statement of withdrawal is attached to the Terms and Conditions.
3. The declaration of withdrawal shall be sent to Rawlplug by mail or e-mail (in order to be effective, a declaration sent by e-mail shall be sent from the same address which was used when the Service Request was made).
4. At the express request of the Customer,
5. If the Customer withdraws from the contract, the contract shall be deemed not to have been concluded. Rawlplug shall, within 14 days of receipt of the withdrawal declaration, refund the payment using the same method of payment used by the Customer. Rawlplug may withhold reimbursement of payments received from the Customer in the case of a contract for the sale of Goods until the Goods are received back or the Consumer provides proof of their return, whichever event occurs first.
6. IN THE CASE OF A POST-WARRANTY REPAIR CONTRACT, IF THE CUSTOMER EXERCISES HIS RIGHT OF WITHDRAWAL AFTER HAVING MADE THE REQUEST REFERRED TO IN POINT (D), THE CUSTOMER SHALL BE LIABLE TO PAY FOR THE BENEFITS PROVIDED AT THE TIME OF WITHDRAWAL. D), THE CUSTOMER SHALL BE OBLIGED TO PAY FOR THE SERVICES RENDERED UNTIL THE WITHDRAWAL. If the withdrawal is made after the Service Product has been sent to Rawlplug for Post-warranty Repair, Rawlplug shall return the Service Product to the Customer within 14 days of receipt of the notice of withdrawal. The Customer shall bear the direct costs of returning the Service Product.
7. In the event of withdrawal from the contract of sale of the Goods, the Customer shall be obliged to return the Goods to Rawlplug immediately, however no later than 14 days from the date of withdrawal. To meet the deadline it is sufficient to send back the Goods before its expiry.
8. In the event of withdrawal from the contract of sale of the Goods, the Customer shall bear the direct costs of returning the purchased Goods.
9. If the Warranty Repair contract is cancelled, the Customer shall bear the direct costs of delivery of the Service Product by the Customer to Rawlplug and its return to the Customer after repair.
10. In the event of withdrawal from the contract of sale of the Goods, if the Customer chose a method of delivery other than the cheapest usual method of delivery of the Goods offered by Rawlplug, Rawlplug shall not be obliged to reimburse the consumer for any additional costs incurred by him.
11. The customer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to establish the nature, characteristics and functioning of the thing.

VII. Confidentiality

All information disclosed to the Customer in connection with the Customer’s Service Application, in particular the commercial terms and conditions for the performance of the Service, the documentation made available to the Customer by Rawlplug, the pricing conditions and other information constituting Rawlplug’s corporate secret shall hereinafter be referred to as „Confidential Information”.
The Customer undertakes not to disclose the Confidential Information to any third party unless such obligation arises under mandatory provisions of law. In such case, the Customer shall immediately inform Rawlplug of such obligation before disclosing the Confidential Information.
The Customer may disclose Confidential Information if it has become publicly available, unless this is due to a breach of these Terms and Conditions.
The Customer’s obligation shall continue until the Confidential Information ceases to be confidential, subject to paragraph 3.

VIII. Final Provisions

A user of the Site may at any time file a complaint regarding the provisions, Rawlplug’s application of these Terms and Conditions or any other problems with the operation of the Site („Complaint”).
Complaints should be submitted within 7 days of the problem occurrence – electronically to the email address: serwis@rawlplug.com or by post to Rawlplug.
A properly lodged Complaint should contain the following data: the user’s first and last name, name (if applicable) and a description of the problem giving rise to the complaint. This includes the date and type of irregularity.
Complaints will be dealt with within 30 days of submission.
Disputes between consumers and Rawlplug are not subject to out-of-court consumer dispute resolution.
Any individual and additional arrangements between Rawlplug and the user shall be made in documentary form under pain of nullity.
If any provision of these Terms of Use is held to be invalid or unenforceable against you, you agree that such provision shall be replaced by a valid or effective provision that best reflects the original intent of the parties, and together with the remainder of these Terms of Use shall govern your use of the Site.
These Regulations shall be governed by the laws of Poland.
Any disputes arising in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the Polish courts with jurisdiction over the registered office of Rawlplug unless otherwise provided by generally applicable law.

MODEL WITHDRAWAL FROM A DISTANCE CONTRACT

________________________(place and date)

___________________(Customer’s first and last name)

___________________(adres)

Rawlplug S.A.

651-416

Kwidzyńska Street

Wrocław

I hereby withdraw from the contract of sale of Goods (no.

____________________) concluded at a distance for the following goods:

____________________________________________________________

__________

or the After-Sales Repair contract (no. __________________________).

________________________(podpis)

The declaration of withdrawal can be sent as a scan to the following e-mail

address: serwis@rawlplug.com