Terms of the Tool Service

TERMS AND CONDITIONS OF TECHNICAL SUPPORT SERVICES

effective as of 21.05.2020

Dear User,

The following Terms and Conditions govern Technical Support Services. The Technical Support Services are rendered by RAWLPLUG S.A. with its registered office in Wrocław (“Rawlplug”) to its existing and potential customers following the submission of Technical Support Requests via the Website. These Terms and Conditions inure to the benefit of Rawlplug and its subsidiaries and affiliates, i.e. Rawlplug Group (see: Privacy and Security Policy).

Please carefully read through these Terms and Conditions before submitting the Technical Support Request.

By accepting these Terms and Conditions and agreeing to their content you acknowledge and confirm that that your understand their content.

I. Definitions

Warranty

Document

Customer

a document attached to a Supported Product or published on Rawlplug’s website, containing an individual serial number or a batch number or other identification data, specifying the terms and conditions of the warranty granted by Rawlplug for the given Supported Product (e.g. warranty card).

an user submitting the Technical Support Request who has purchased Supported Products in the Country of Purchase.

Country of Purchase

territory of Poland, as stated in the proof of purchase of the Supported Product which should be attached to the Technical Support Request form, unless the sales contract is governed by the laws of another country.

Supported Product(s)

product(s) manufactured or sold by Rawlplug having an individual serial number or batch number or other identification data to be found on the product and in the accompanying documents, including the Warranty Document, covered by the warranty granted by Rawlplug or by a statutory warranty for physical or legal defects, purchased in the Country of Purchase, which are supported under Technical Support Services rendered by Rawlplug via the Website (selection from a drop-down list of Products).

Rawlplug

RAWLPLUG S.A. with its registered office at in Wrocław, address: Kwidzyńska 6, 51-416 Wrocław, entered into the business register of the National Court Register (KRS) by the District Court for Wrocław-Fabryczna, under the number 33537; tax identification number (NIP): 8951687880; e-mail address: info@rawlplug.com, phone no.: +48 (71) 32 60 100.

Terms and Conditions

these Terms and Conditions of Technical Support Services.

Statutory Warranty

processing of the Customer’s statements on exercising its rights under statutory warranty for physical or legal defects in the Supported Product and performance of the seller’s obligations thereunder by Rawlplug in accordance with Section IV.

Warranty Technical Support

processing of the Customer’s statements on exercising the rights under the warranty granted with regard to the Supported Product for which Rawlplug has issued the Warranty Document (commercial warranty) and performance of the warrantor’s obligations thereunder by Rawlplug in accordance with Section V.

Out-of-Warranty

Technical Support

services to repair the Supported Products outside the scope of the Statutory Warranty or Warranty Technical Support (“Out-of-Warranty Repair”), or sale of spare parts, accessories for Supported Products, or other products by Rawlplug (“Goods”).

Website

website hosted at www.modeco-expert.com via which users can submit the Technical Support Requests.

Technical Support Services

Statutory Warranty, Warranty Technical Support and/or Out-of-Warranty Technical Support provided by Rawlplug following submission of the Technical Support Request in a manner specified in these Terms and Conditions.

Technical Support Request

statement of an Website user submitted via the form available on the Website, described in detail in Section III.

II.General provisions

These Terms and Conditions govern the provision of Technical Support Services by Rawlplug.
Rawlplug may amend these Terms and Conditions unilaterally at any time. Such an amendment enters into force on the date it is published on the Website. The amendment shall not apply to Technical Support Request submitted prior to the amendment.
The Technical Support Services shall be rendered following the submission of the Technical Support Requests by the user via the Website.
Depending on the chosen Technical Support Service, the submission of a Technical Support Request by the Website user shall constitute either:
1. an enquiry about the possibility of concluding a contract (invitation to tender) in the case of Out-of-Warranty Technical Support; or
2. a statement to exercise the rights under a statutory warranty for defects of a sold item in the case of the Statutory Warranty, or under a warranty granted by Rawlplug (commercial warranty) in the case of the Warranty Technical Support.
An acceptance of the Technical Support Request by Rawlplug, depending on the type of the Technical Support Request submitted, shall constitute either:
1. an offer by Rawlplug to conclude a suitable contract in case of Out-of-Warranty Technical Support, or
2. commencement of processing of the Customer’s claims under a statutory warranty for defects of a sold item or under a commercial warranty, in case of Statutory Warranty or Warranty Technical Support, respectively.
No tacit acceptance of a Technical Support Request by Rawlplug shall be implied through any action of Rawlplug.
Accepting of the Technical Support Request regarding Statutory Warranty and/or Warranty Technical Support by Rawlplug shall not mean that Rawlplug accepted its liability for the Customer’s claims under the statutory warranty for defects of a sold item or under the commercial warranty granted by Rawlplug, respectively. Acceptance of such a request shall be understood solely as the commencement of processing of the Customer’s claims thereunder.
Accepting of the Technical Support Request regarding Out-of-Warranty Technical Support by Rawlplug shall not result in concluding a contract. It shall constitute an offer to enter into a respective contract submitted by Rawlplug to the Customer.
In any event, before accepting the Technical Support Request, Rawlplug may contact the user who has submitted the Technical Support Request by phone or e-mail in order to obtain additional information regarding the Technical Support Request or any other information which, at Rawlplug’s discretion, is necessary for the acceptance of the Technical Support Request.
In the event of any conflict between these Terms and Conditions and the terms of the contract agreed individually with the Customer, the provisions of the contract shall prevail.

III. Submitting of Technical Support Requests

In order to submit a Technical Support Request, one must first send a registration form and consent to these Terms and Conditions as well as the having first read and become familiar with the contents of these documents, check the right check boxes, and click the Submit button, or another similar button.
The user selects an adequate Technical Support Request type, depending on the kind of Technical Support Services one intends to be provided with. In the Technical Support Request form, the user is required to provide information, including but not limited to personal data, necessary for the provision of the Technical Support Services, as indicated by the specific box title. The user may also provide other non-mandatory information where a corresponding text box is available.
In order to submit the Technical Support Request, besides providing the mandatory data and information, as described in item 2 above, the user is additionally required to:
1. select the right item index of the Supported Product which the Technical Support Request pertains to from a drop-down list,
2. where the request being submitted pertains to Statutory Warranty or Warranty Technical Support, additionally attach to the Technical Support Request a file (in .jpg, .png or .pdf format, with the size not larger than 10 MB) containing an image of the proof of purchase of the Supported Product from Rawlplug containing a visible date of purchase, the seller’s data and the item index.
The submission of the Technical Support Request may be confirmed by an e-mail from Rawlplug. Under no circumstances should such confirmation of submission or receipt by Rawlplug of the Technical Support Request be deemed an acceptance of the Technical Support Request.
Rawlplug may accept a Technical Support Request within 30 days, however, this period is of indicative nature only, and exceeding it shall not have any legal effect, subject to the provisions of a contract of sale of a Supported Product between Rawlplug and the Customer and/or any mandatory provisions of law, and for Warranty Technical Support – also the provisions of the Warranty Document.
Rawlplug shall not be obliged to accept any Technical Support Request, however in the case of Statutory Warranty or Warranty Technical Support, accepting of the Technical Support Request may only be refused in the event that the Customer has failed to provide Rawlplug with the data or information referred to in items 2 or 3 above.

IV.Statutory Warranty

Only the Customer who has purchased Supported Products in the Country of Purchase directly from Rawlplug on the basis of a contract of sale regulated by the Polish law shall be entitled to submit the Technical Support Request regarding Statutory Warranty.
The following provisions as well as relevant provisions of generally applicable statutory regulations shall apply, subject to the provisions of the contract of sale of the Supported Product concluded between the Customer and Rawlplug.
In the event that the Customer is a consumer, ie. a natural person who has purchased Supported Products directly from Rawlplug for purposes not related to their business activity, Technical Support Requests regarding Statutory Warranty shall always be processed in accordance with the relevant mandatory provisions of law, subject to the following provisions.
Having accepted a Technical Support Request regarding Statutory Warranty, Rawlplug shall, at its own expense, arrange for the Supported Product to be delivered to Rawlplug insofar as the Supported Product is to be collected from the Customer in the Country of Purchase. Rawlplug shall contact the Customer by phone or e-mail and provide the Customer with detailed instructions concerning the receipt and delivery of the Supported Product to Rawlplug. The Customer undertakes to perform all actions which, according to Rawlplug’s instructions, are necessary to deliver the Supported Product to Rawlplug’s authorised service centre which do not cause any undue inconvenience to the Customer.
All time limits provided for the fulfilment of the obligations arising from a statutory warranty for physical or legal defects of a sold item begin to run from the moment of delivery of the Supported Product to authorised service centre of Rawlplug.
Rawlplug may refuse to satisfy the Customer’s claims in the event that Rawlplug is not liable under any statutory warranty for defects of a sold item or where such liability has been excluded or limited by the parties in the contract of sale of Supported Products. In such event, the Customer shall be obliged to reimburse Rawlplug for the costs related to the delivery of the Supported Product to Rawlplug as well as its return to the Customer. Rawlplug and the Customer may also agree for the Customer to use the Warranty Technical Support or Out-of-Warranty Technical Support.
In the event that the Customer is NOT A CONSUMER (see item 3 above), the liability of Rawlplug under statutory warranty for physical or legal defects of a sold item as well as the liability for a default or improper performance of the contract for the sale of Supported Products shall be modified as follows:
1. The Customer shall lose their rights under statutory warranty for physical or legal defects of a sold item should they fail to report a defect of the Supported Product within 14 days of its discovery.
2. If a defect is found in the Supported Product, Rawlplug, at its sole discretion, may remove the defect or replace the defective Supported Products with the same quantity of Supported Products free of defects or apply a price discount. The decision as to the manner in which Statutory Warranty is to be exercised rests exclusively with Rawlplug.
3. Rawlplug shall respond to the Customer’s claims under statutory warranty for physical or legal defects of a sold item lodged under a Technical Support Request within 21 days. In the event that the claims have been accepted, they shall be fulfilled within 21 days of the day on which the response is provided to the Customer. Failure to respond to the Customer’s claims within 21 days shall not be deemed as acceptance of the claims.
4. The Customer shall not lodge any claims against Rawlplug for defects of Supported Products other than those referred to in the above paragraphs, including but not limited to any claims for damages as a result of a default or improper performance of the contract for the sale of the Supported Products, subject to Rawlplug’s liability under commercial warranty or any other liability which cannot effectively be waived under mandatory provisions of applicable laws.
5. Rawlplug shall not be liable for any loss other than real loss, including but not limited to loss of profits, and at all times Rawlplug’s liability shall not exceed the net price of the defective Supported Product.

The Customer must collect the Supported Product from Rawlplug’s authorised service centre in case of enforcing the Customer’s claims within Statutory Warranty as well as in situation referred to in item 6 above. If the Customer fails to collect the Supported Product within 12 months from the day the Customer has been informed by Rawlplug about the manner of handling the Customer’s claims within the Statutory Warranty, it shall be deemed that the Customer waived all title and interest to the Supported Product, provided the Customer has been provided by Rawlplug at least twice with a prior notice to this effect sent via the registered post and e-mail.

V.Warranty Technical Support

Only a Customer who has purchased Supported Products for which Rawlplug has issued a Warranty Document, and the purchase took place in the Country of Purchase, shall be entitled to submit the Technical Support Request regarding Warranty Technical Support.
Technical Support Requests regarding Warranty Technical Support shall be processed in accordance with the Warranty Document.
Having accepted a Technical Support Request submitted regarding Warranty Technical Support, Rawlplug shall, at its own expense, arrange for the Supported Product to be delivered to Rawlplug insofar as the Supported Product is to be collected from the Customer in the Country of Purchase. Rawlplug shall contact the Customer by phone or e-mail, and provide the Customer with detailed instructions concerning the receipt and delivery of the Supported Product to Rawlplug. The Customer undertakes to perform all actions which, according to Rawlplug’s instructions, are necessary to deliver the Supported Product to authorised service centre of Rawlplug and which do not cause any undue inconvenience to the Customer.
Rawlplug may refuse to satisfy the Customer’s rights in cases indicated in the Warranty Document, where Rawlplug is not liable against the Customer under the commercial warranty granted by Rawlplug, and/or if the Supported Product has not been purchased by the Customer in the Country of Purchase. In such an event, the Customer shall be obliged to reimburse Rawlplug for the costs related to the delivery of the Supported Product to Rawlplug as well as its return to the Customer. Rawlplug and the Customer may also agree for the Customer to use the Out-of-Warranty Technical Support.

The Customer must collect the Supported Product from Rawlplug’s authorised service centre in case of enforcing the Customer’s claims within Warranty Technical Support as well as in situation referred to in item 4 above. If the Customer fails to collect the Supported Product within 12 months from the day the Customer has been informed by Rawlplug about the manner of handling the Customer’s claims within the Warranty Technical Support, it shall be deemed that the Customer waived all title and interest to the Supported Product, provided the Customer has been provided by Rawlplug at least twice with a prior notice to this effect sent via the registered post and e-mail.

VI.Out-of-Warranty Technical Support

With regard to Out-of-Warranty Technical Support, Rawlplug may, without justification and at any time, until the commencement of the performance of the contract, rescind the contract.
In the case of Out-of-Warranty Repair:
1. before the Technical Support Request is accepted, the Customer sends the Supported Product to Rawlplug authorised service centre by their own means and at their own expense. Rawlplug may also collect the Supported Product from the Customer at the Customer’s expense. The relevant details in this respect are agreed with an employee of Rawlplug authorised service centre, in accordance with Section II.9;
2. upon receipt of the Supported Product, Rawlplug proceeds to examine the technical condition of the Supported Product and to estimate the costs of the Out-of-Warranty Repair;
3. next, Rawlplug sends the Customer an e-mail containing a notice of acceptance of the Technical Support Request (order summary) containing:

a description of the defect or the required maintenance work,
prices of individual considerations to be performed under the Out-of-Warranty Repair (including taxes) and details concerning the date and method of payment,
the date of the considerations’ completion,
information on the manner in which the Supported Product is to be delivered to Rawlplug authorised service centre or returned to the Customer after the Out-of-Warranty Repair has been completed, including any potential associated fees (including taxes).

In the case of sale of Goods, Rawlplug shall send the Customer an e-mail with a summary of the relevant order containing:

a detailed description of the Goods sold,
the price (including taxes) and details concerning the date and method of payment,
the date of delivery of the Goods sold,
information on the manner in which the Goods are to be delivered to the customer and on any associated fees (including taxes).

Rawlplug’s offer presented in the notice of the Technical Support Request acceptance shall remain valid for 10 working days.
Upon the relevant payment being effected by the Customer, the Customer accepts Rawlplug’s offer resulting from the acceptance of the Technical Support Request and the contract for the provision of Out-of-Warranty Technical Support is concluded. The payment is deemed to have been effected upon crediting the full amount resulting from the order summary to Rawlplug’s bank account.
Upon conclusion of the contract, Rawlplug shall immediately send a confirmation of the contract conclusion to the Customer’s e-mail address.

In the case of Out-of-Warranty Repair, in the event that the Customer has not accepted Rawlplug’s offer, the Customer shall bear the costs associated with the Supported Product collection from the Customer and its return to the Customer by Rawlplug.
Rawlplug undertakes to perform Out-of-Warranty Repair or to sell the Goods free of any defects.
In the case of Customers who are NOT CONSUMERS (see Section IV.3 above), Rawlplug’s liability under statutory warranty for defects with respect to the contracts for Out-of-Warranty Technical Support shall be in accordance with Section IV.7.
IN THE CASE OF CUSTOMERS WHO ARE CONSUMERS (see Section IV.3 above),, the following provisions shall apply:
1. The Customer SHALL BE ENTITLED to rescind the concluded contract referred to in item 2:
  1. in the case of a contract of sale of Goods – within 14 days of the date of delivery of the Goods sold to the Customer;
  2. in the case of a contract for Out-of-Warranty Repair – within 14 days of the contract conclusion, subject to the provisions of point f. below.
2. A specimen of the notice of rescission form is appended to these Terms and Conditions.
3. The notice of rescission from the contract shall be sent to Rawlplug by registered letter or by e-mail (to be effective, such a notice submitted by e-mail should be sent from the same address as the one used upon submitting the Technical Support Request).
4. At the Customer’s express request, Rawlplug may commence Out-of-Warranty Repair prior to the expiration of the term to rescind from the contract, with effects as per point f. below.
5. In the event of the Customer’s rescission from the contract, the contract shall be deemed to not have been concluded. Within 14 days of receipt of the notice of rescission, Rawlplug shall return the payment using the same method of payment as the Customer originally used. Rawlplug may withhold the return of the payments received from the Customer in the case of the contract of sale of Goods until the receipt of the relevant Goods or until the Consumer delivers a proof that the Goods have been sent back, whichever occurs first.
6. IN THE CASE OF THE CONTRACT FOR OUT-OF-WARRANTY REPAIR, SHOULD THE CUSTOMER EXERCISE THE RIGHT TO RESCISSION FROM THE CONTRACT AFTER HAVING MADE THE REQUEST REFERRED TO IN POINT D), THE CUSTOMER SHALL BE OBLIGED TO PAY FOR WHAT HAS BEEN PERFORMED BY THE TIME OF THE RESCISSION. In the event that the rescission is made after the Supported Product is sent to Rawlplug authorised service centre for Out-of-Warranty Repair, Rawlplug shall return the Supported Product to the Customer within 14 days of receipt of the notice of rescission. The Customer shall bear the direct costs related to the collection and/or return of the Supported Product.
7. In the event of rescission from the contract of sale of Goods, the Customer shall be obliged to return the Goods to Rawlplug immediately, yet no later than within 14 days from the date of rescission. In order to meet the said time limit, it is sufficient to send the Goods prior to its lapse.
8. In the event of rescission from the contract of the sale of the Goods, the Customer shall bear the direct costs related to the return of the Goods purchased.
9. In the event of rescission from the contract for Out-of-Warranty Repair, the Customer shall bear the direct costs related to the delivery of the Supported Product to Rawlplug authorised service centre and its return to the Customer.
10. In the event of rescission from the contract of the sale of the Goods, where the Customer has chosen to deliver the Goods by a method other than the cheapest ordinary method of delivery, as offered by Rawlplug, Rawlplug shall not be obliged to reimburse the consumer for the additional costs incurred by the latter.
11. The Customer shall be liable for any diminution in the value of the Goods resulting from having used the Goods in a manner exceeding what was necessary to establish the nature, features and functioning of Goods.

The Customer must collect the Supported Product from Rawlplug’s authorised service centre after Rawlplug has provided services within Out-of-Warranty Technical Support as well as in situation referred to in item 7 above. If the Customer fails to collect the Supported Product within 12 months from the day the Customer has been informed by Rawlplug that Out-of-Warranty Technical Support were provided, or the Customer has rejected Rawlplug’s offer, or Rawlplug’s offer has lost its validity, it shall be deemed that the Customer waived all title and interest to the Supported Product, provided the Customer has been provided by Rawlplug at least twice with a prior notice to this effect sent via the registered post and e-mail.

VII. Confidentiality

Any information disclosed to the Customer in relation to the Technical Support Request made by the Customer, and particularly the commercial terms and conditions of performance of Technical Support Services, the documentation made available to the Customer by Rawlplug, the pricing terms and other information constituting Rawlplug’s business secrets shall hereinafter be referred to as “Confidential Information”.
The Customer undertakes not to disclose Confidential Information to any third parties, unless such obligation arises from mandatory provisions of law. Should this be the case, the Customer shall immediately inform Rawlplug of any such obligation before disclosing Confidential Information.
The Customer may disclose Confidential Information if it has become public, unless this occurred as a consequence of violation of these Terms and Conditions.
The Customer’s obligation shall continue until the Confidential Information ceases to have the status of confidentiality, subject to the provisions of item 3.

VIII. Miscellaneous

1. The User shall be entitled at any time to file a complaint against the provisions of or the manner of exercising these Terms and Conditions by Rawlplug, or towards any problems in the functioning of the Website (“Complaint”).
2. Complaints should be submitted within 7 days from the occurrence of the respective problem by electronic means to the following e-mail address: serwis@rawlplug.com, or by registered post to Rawlplug’s postal address.
3. A complaint correctly submitted should contain the following data: first and last name of the User, name (if applicable), contact detail (at least e-mail or phone number) and description of the problem constituting the basis for the complaint. This includes, among other information, the date and type of the irregularity.
4. The complaint will be examined within 30 working days of the date of its submission.
5. Disputes between consumers and Rawlplug shall not be subject to alternative dispute resolution (ADR).
6. Any individual and additional arrangements between Rawlplug and the user shall require the form of a document under the pain of nullity.
7. Should any provision of these Terms and Conditions be found invalid or ineffective towards the user, you hereby agree for such a provision to be replaced with a valid or effective one, reflecting in the best possible manner the original intent of the parties, and along with the remainder of these Terms and Conditions it shall govern the use of the Website by the user.
8. These Terms and Conditions shall be governed by the laws of Poland, excluding conflict-of-law rules.

Any disputes related to these Terms and Conditions shall be subject to the exclusive jurisdiction of Polish courts, competent for Rawlplug’s registered office, unless otherwise provided for by generally applicable provisions of law.

SPECIMEN OF A NOTICE OF WITHDRAWAL FROM A DISTANCE CONTRACT

________________________
(place and date)

___________________
(Customer’s first and last name)

___________________
(address)

Rawlplug S.A.
address: Kwidzyńska 6
51-416 Wrocław

I hereby rescind from the distance contract of sale of Goods (no. ____________________) pertaining to the following items:

__________________________
__________________________
__________________________
__________________________
__________________________

or from the contract for Out-of-Warranty Repair (no. _______________________).

________________________
(signature)

The notice of withdrawal may be sent by e-mail as a scanned document to: serwis@rawlplug.com.