Regulations

Terms and Conditions

The following Terms and Conditions define the general terms of sale applicable in our online store available at premiumserver.shop (also driven from second address premiumserver.store), operated by Xcomp Sp. z o.o. sp.k., with its sit in Szczecin in Poland, addressed: ul. Białowieska 6B, 71-010 Szczecin, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Szczecin-Centrum in Szczecin, under KRS number: 0000385091, NIP: PL 9551945132, REGON: 811914821.

Chapter I - Definitions

  1.  Whenever these Terms and Conditions refer to:
  1. Civil Code – it shall mean Act dated 23rd April 1964 Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended)
  2. Client – it shall mean
  • a legal person or an organizational unit without legal personality, which is granted legal capacity by the law, conducting business or professional activities in its own name, 
  •  a natural person conducting business activity, including partners of a civil law partnership in the scope of their business activity, who place an Order:
    • directly related to their business or professional activities, and
    • having a professional character for these persons, resulting in particular from the subject of their business activity
  1. Client account – it shall mean an account created for the Client in the Online Store as a result of the registration process
  2. Costs of delivery - it shall mean costs incurred by the Seller necessary to deliver the Product to the Customer in accordance with the Order.
  3. Online Store - it shall mean online store operated by the Seller, available at the following addresses: www.premiumserver.shop and www.premiumserver.store
  4. Order - it shall mean an offer addressed by the Client  to the Seller in an electronic form in accordance with the provisions of the Terms and Conditions, regarding the purchase of the Product 
  5. Product – it shall mean items presented by the Seller on  the Online Store intended for sale in accordance with the information on the Online Store website and on the terms set out in the Terms and Conditions
  6. Seller –  it shall mean Xcomp Sp. z o.o. sp.k., with its sit in Szczecin in Poland, address: ul. Białowieska 6B, 71-010 Szczecin, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Szczecin-Centrum in Szczecin, under KRS number: 0000385091, NIP: PL 9551945132, REGON: 811914821.

 Chapter II -  General provisions

  1. The Online Store allows to:
  1. purchase the Product presented on Online Store’s website
  2. create the Client’s account
  3. subscribe for notification about Product’s availability
  4. send inquiries to the Seller
  5. send recommendations of the Products
  1. Terms and Conditions are available in English and in Polish, on the website of the Online Store in such a way that you can obtain, reproduce and preserve their content.
  2. Terms and Conditions apply to all the Orders placed by Clients through the Online Store. They are an integral part of the purchase contract. Any other or supplementary regulations  (except imperative provisions of the law) especially used by Clients do not apply unless Seller gives a written consent to their use.  
  3. Only Clients who meet the conditions set out in Chapter I point 1 letter b) are entitled to place Orders in the Online Store. The Online Store does not sell to consumers or natural persons conducting business or professional activity who do not make a purchase related to their business activity and/or when the purchase does not have a professional character for them, resulting in particular from the subject of their business activity
  4. The Seller has the right to refuse to accept the Order without giving a reason.
  5. The presentation of the Products in the Online Store does not constitute an offer within the meaning of the Civil Code

Chapter III – Placing an order

  1. Placing the Order is possible 24 hours a day on each day of the week, unless it would be stated otherwise on the Online Store website. To place the Order the Client needs to add selected Products to the shopping basket. The shopping basket and the data entered in the forms can be modified before placing the Order by using the available functionalities and messages displayed during the ordering process.
  2. During the ordering process the Client is obligated to provide all data and checkboxes marked as mandatory and may additionally indicate other  not mandatory  data. 
  3. Placing the Order the Client undertakes to pay the price presented with the Product + VAT marked by the Seller together with the cost of delivery of the Product indicated during the ordering process.
  4. By clicking on the button confirming and finalizing the Order on the order summary page, the Client submits to the Seller an offer to purchase the Product covered by the Order. Placing the Order by the Client does not mean concluding a purchase contract with the Seller.
  5. The purchase contract is concluded at the moment of reaching to the Client the statement of the Seller on the acceptance of the offer to purchase the Product covered by the Order.  Client will receive an e-mail from Seller confirming the Order and the conclusion of the purchase contract with Order’s details and Terms and Conditions.
  6. The Seller undertakes, under the purchase contract concluded in the above-mentioned manner, to execute the Order in accordance with the content indicated in the acceptance of the Order.
  7. Placing the Order is possible only after registration the Client’s Account. The Client is obligated to confirm using the checkbox that he meets the conditions set out in Chapter I point 1 letter b). The lack of above mentioned confirmations causes the inability to place the Order.
  8. The Client’s Account allows to check information concerning the Order.

Chapter IV - Delivery conditions

  1. As mentioned above, to the prices of the Products indicated Client must also add the shipping costs. Ordered Products are delivered via courier companies cooperating with the Seller. Detailed information about possible methods and time of the Delivery and shipping costs are presented during placing the Order. It is not possible to collect ordered Products in person.
  2. The delivery is possible to European countries indicated during ordering  process.
  3. The Seller  will make every effort to ensure timely execution of the Order, however the Client is not entitled to any compensation for delays in sending the Order.
  4. The Client is fully responsible for checking the compliance of the delivery with the attached WZ document containing the list and quantity of Products in the shipment, for checking the compliance of the delivery with the submitted Order and for checking the condition of the shipment. A condition for the pursuit of any claims for shortages or damage to the parcel or non-compliance of the WZ document with the Order is to draw up a complaint protocol in the time of delivery with the participation of an employee of the shipping company or refusal to accept the delivery and promptly writing notification to the Seller. The Seller has the right not to accept the complaints in this regard submitted after receipt of delivery from a shipping company.
  5. The risk of accidental loss or accidental deterioration of the Product passes to the Client at the time of its delivery by Seller to the forwarder, carrier or other person or institution engaged in the execution of the shipment. Seller will not be liable for any loss, deterioration or damage to the Product occurring from the time the Product is accepted for transport until it is handed over to Client, or for any delay in delivery caused by the carrier.
  6. In the event of failure to collect the shipment by the Client, the Seller has the right to withdraw from the concluded purchase contract and: 
  1. charge the Client with the costs of delivery and returning the Product, and/or
  2. charge the Client with contractual penalty in the amount of 10% of the value of the Order.
  1. The Seller may use the right to withdraw from the contract within 30 days from the date on which the Client refused to accept the shipment with the Order or from the deadline for its receipt from the carrier has expireddepending on what happened earlier.
  2.  The Client agrees to deduct the above-mentioned costs and contractual penalties from the payment made by him for the Order.

Chapter V - Payment

  1. The following forms of payment are available to the Client in  Online Store:
  1. Electronic payments (e-payments) via online payment service.
  1. Payment by traditional bank transfer on Online Store's bank account. If the Client choose this method of payment - after completing the Order – the Seller will send to the Client details of the transfer via e-mail. Processing of the Order will begin after crediting Online Store’s account with the full amount of the required payment for the Order.
  2. PayPal - during the ordering process the Client will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, Client must be registered there or register first, identify himself with his access data and confirm the payment instructions to the Seller. After submitting the Order in the Online Store the Seller instructs PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. The Client will receive additional information during the ordering process.

  1. Detailed information on the possible ways of payment, including online payment services integrated with Online Store and available types of e-payments, as well as possible additional costs, are presented during the order placement process and on Online store's website in a special information tab concerning payment methods.
  2. The VAT invoice will be issued in accordance with the information provided during the registration of the Client's account.
  3. The Client accepts issuing and sending invoices in electronic form to the e-mail address provided during registration of the Client’s account.

Chapter VI - Retention of title

  1. The Products shall remain the property of the Seller until full payment is made. 
  2.  Seller reserves the ownership of the Product until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.

Chapter VII – Liability and complaints

  1. Pursuant to art. 558 § 1 of the Civil Code, the liability of the Seller  under the warranty for defects in Products is excluded.
  2. Information regarding a possible producer warranty and its detailed conditions are always attached to the Product and available on the information pages of the Online Store.
  3. The Seller shall not be liable  for any damages resulting from:
  1. failure of the Client to comply with the technical requirements necessary to cooperate with the ICT system used by the Online Store,
  2. the inability to access the Online Store website resulting from reasons beyond the Seller's control, especially failure of the Client to comply with the technical requirements necessary to cooperate with the ICT system used by the Online Store,
  3. force majeure,
  4. failures, causes attributable to Access providers, Internet providers, Client’s hardware or software,
  5. improper use of the Online Store by Client,
  6. a  technical break in the functioning of the Online Store,
  7. improper filling of the Order form by the Client, incorrect data indicated in the registration form.

  1. The Seller shall not be liable under the warranty or for the loss of benefits that the Client could have suffered if the damage had not been caused to him. The total liability of the Seller for all titles may not exceed the amount of the value of the Order in connection with which the damage occurred.
  2. Defects of the Product shall be reported by the Client by preparing and sending a complaint application:

  1. by e-mail to the following address: contact@premiumserver.shop
  2. in writing to the address: Xcomp Sp. z o.o. sp.k., ul. Białowieska 6B, 71-010 Szczecin, Poland
     
  1. In the complaint notification, you must provide full data of the Client, the address of the Client, the Order number and attach a detailed description of the defect of the Product, your data, as well as telephone contact or e-mail address.
  2. The Seller undertakes to respond to the complaint immediately, no later than within 14 days of its submission. In the case of exercising the rights under warranty - if Seller finds it necessary to process the complaint -  the Client is obliged to deliver the defective Product at Client’s expense to the postal address indicated above. If, due to the nature of the item or the way it is installed, its delivery would be excessively difficult, the Client is obliged to make the item available to the Seller at the place where it is located.
  3. The Seller does not accept cash on delivery returns.

Chapter VIII - Online dispute resolution

  1. In order to use the Online Store, including browsing the range and placing orders, it is necessary to have a multimedia device with an installed web browser and access to the Internet and e-mail. It is recommended that the Client enables JavaScript and Cookies in his browser settings. 
  2. The Client is obliged to use the Online Store in a manner consistent with the law and morality, and it is prohibited to provide content of an unlawful nature.
  3. The Seller takes all necessary steps to ensure fully correct operation of the website and the interface of the Online Store to the extent resulting from the current technical knowledge, and the Seller undertakes to remove all irregularities and technical problems reported by users within a reasonable time. The above also applies to the possibility of subscribing to a newsletter or the optional possibility of creating the Client’s account - if these services are provided as part of Online Store. The Client may notify the Seller of any detected irregularities or interruptions in the functioning of the website and services of the Online Store via the contact details indicated in the Chapter VII. In a complaint concerning irregularities in the technical functioning of the Online store's service, the Client should indicate the type and date of irregularity.

Chapter IX - Code of conduct

The Online Store has submitted to the following codes of conduct: Trusted Shops http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf

Chapter X – Personal data

  1. The administrator of Client’s personal data is the Seller – Xcomp sp. z o.o. sp. k. The Seller process Client’s personal data in accordance with applicable law and Online Store privacy policy. The privacy policy can by find on Online Store website. 
  2. The Seller process  personal data when:
  1. The Client shops in Online Store. The Seller process Client’s data when he handles the transactions and services the Client is using when shopping and/or using other services that are available on Online Store website;
  2. The Client agrees to marketing activities to present content tailored to Client’s needs;
  3. The Seller has a legitimate interest to process Client’s data (e.g. when the Client makes claims to the Seller).
  1. The Client provides the Seller with his data voluntarily, however please note that without providing them to the Seller, he will not be able to offer his products and provide services.

Chapter XI - Terms and Condition changes

  1. Terms and Conditions  are constantly available on the Online Store's website.
  2.  By placing an Order, you accept the Regulations in the wording in force on the date of placing the Order.
  3.  The Seller is entitled to amend the Regulations at any time, but the amendment to the Regulations becomes effective in relation to Orders placed after the new wording of the Regulations is posted on the Store's website.

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