Regulation | Photovoltaic Wholesale | PVhurt

Terms and Conditions | Photovoltaic Wholesale | PVhurt

1. These Terms and Conditions set out the rules for providing services electronically and selling goods through the Online Store operated at the following addresses:

• Sales platforms: pvhurt.pl, www.pvsklep.pl, www.solaryag.pl

• Offer platforms: pvhurt.de, www.pvhurt.cz, www.pvhurt.sk, www.pvhurt.com, www.pvhurt.hr, www.pvhurt.hu, www.pvhurt.ro

1. The Service Provider is: Grzegorz Kulikowski, conducting business under the name PVhurt.pl Grzegorz Kulikowski, address: Pasiecznik 82, 59-623 Pasiecznik, VAT ID: 6161509261, REGON: 382327802, email address: info@pvhurt.pl (hereinafter referred to as the Company or Seller).

1. The Service Provider operates an online store (e-shop) on the WooCommerce platform, through which it enables Customers and other Store Users to use services provided electronically, familiarize themselves with the Goods available on the offer and sales platforms, and subsequently conclude a Sales Agreement through the sales platforms.

2. These Terms and Conditions form the basis for the operation of the Store.

3. Headings are for organizational purposes only and do not affect the interpretation of the provisions of the Terms and Conditions.

5. The User is obliged to use the Store in a manner consistent with the legal regulations applicable in the Republic of Poland, the provisions of these Terms and Conditions, and the general principles of using the Internet.

6. It is prohibited to provide content of an unlawful nature, e.g., content promoting violence, defamatory, or infringing on the personal rights or other rights of third parties.

1. In these Terms and Conditions, the following terms have the following meanings:

Price – the value expressed in monetary units that the Consumer is obliged to pay for the goods or services, including value-added tax and excise tax, if the sale of goods or services is subject to these taxes under separate regulations. For Customers who are not Consumers, the Seller has the right to specify the price for the Goods as the net remuneration due to the Seller in connection with the transfer of ownership of the purchased Goods or Services to the Customer under the Agreement;
Working Day – one day from Monday to Friday, excluding public holidays;
Purchase Form – a script that is part of the Store, used for placing individual Orders by the Customer;
Warranty – the Manufacturer’s obligation to remove a physical defect of the item or to deliver an item free of defects if such defects become apparent within the period specified in the warranty;
Password – a string of at least 8 characters containing at least one uppercase letter (A–Z), one lowercase letter (a–z), one digit (0–9), and one special character (e.g., !, @, #, $, %, ^, &, *), chosen by the Customer during registration in the Online Store, used to secure access to the Customer’s Account in the Online Store;
Warranty Card – a warranty document regarding the quality of the sold item, based on which the issuer of the document (warrantor) is obliged to remove a physical defect of the item or deliver an item free of defects if such defects become apparent within the period specified in the warranty;
Customer – a User who is an Entrepreneur, an Entrepreneur with Consumer Rights, or a Consumer, who enters into a Sales Agreement with the Seller in the Online Store in accordance with these Terms and Conditions or in another manner specified in the Terms and Conditions;
Civil Code (k.c.) – the Act of April 23, 1964, Civil Code (consolidated text: Journal of Laws of 2024, item 1061, as amended);
Consumer – a natural person entering into a legal transaction with an entrepreneur that is not directly related to their business or professional activity (within the meaning of Article 22 of the Civil Code);
Customer/User Account – individual access for each registered User to a panel of individual orders and ordered Goods/Services, activated by the Seller for the User (after the User completes registration and concludes an agreement for the provision of the Customer Account management service);
Delivery Costs – costs of issuance, in particular packaging and insurance costs of the Goods, as well as the costs of their dispatch and receipt;
Manufacturer – an entrepreneur engaged in the production of Goods or any other person who acts as a manufacturer by affixing their name, surname, trademark, or other distinctive mark on or to the Goods;
Product/Goods – a movable item available in the Seller’s offer, which is the subject of the Agreement between the Customer and the Seller;
Entrepreneur – a legal person, an organizational unit without legal personality to which the law grants legal capacity, or a natural person conducting business or professional activity in their own name, for whom concluding the Agreement is directly related to their business activity and has a professional nature, particularly arising from the subject of their business activity, as disclosed under the provisions of the Central Register and Information on Economic Activity;
Entrepreneur with Consumer Rights – a natural person concluding an agreement with the Seller directly related to their business activity, when it follows from the content of the agreement that it does not have a professional nature for that person, particularly arising from the subject of their business activity, as disclosed under the provisions of the Central Register and Information on Economic Activity;
Terms and Conditions – these terms and conditions for the operation of the Online Store using means of distance communication and the provision of services electronically. In the scope of services provided electronically, these Terms and Conditions are the terms referred to in Article 8 of the UŚUDE;
GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 (General Data Protection Regulation) (Official Journal of the EU L 2016.119.1, as amended);
Store – an online sales service operated by the Seller, available to Users equipped with appropriate end devices, enabling them to familiarize themselves with Goods and/or Services, within which the User has the opportunity to purchase Goods. The Online Store is available at: www.pvhurt.pl, www.pvsklep.pl, www.solaryag.pl;
Seller – the Service Provider, i.e., PVhurt.pl Grzegorz Kulikowski, Pasiecznik 82, 59-623 Pasiecznik, email address: info@pvhurt.pl, contact phone: +48 536 226 667;
Sales Agreement – a sales agreement within the meaning of the Civil Code, concluded between the Service Provider and the Customer using means of distance communication through the Store, the subject of which is the Goods;
Distance Agreement – an agreement concluded with a Consumer within an organized system of concluding distance agreements, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment of concluding the agreement;
Service – a service provided by the Service Provider to the Customer, available on the sales platform, in particular the service of maintaining a User Account;
Consumer Rights Act – the Act of May 30, 2014, on Consumer Rights (consolidated text: Journal of Laws of 2024, item 1796);
UŚUDE – the Act of July 18, 2002, on the provision of services by electronic means (consolidated text: Journal of Laws of 2024, item 1513, as amended);
User – a natural person with full legal capacity, a legal person, or an organizational unit without legal personality to which the law grants legal capacity, who uses the Store;
Order – a statement of intent by the Customer constituting an offer to conclude an Agreement with the Service Provider, directly aimed at concluding a Distance Sales Agreement through the Store, specifying the type and number of Goods that are the subject of the Sales Agreement.

2. Scope and Acceptance of the Terms and Conditions

1. The Terms and Conditions are binding from the moment an Order is placed and its conditions are accepted.

2. The Customer is obliged to familiarize themselves with the Terms and Conditions before starting to use the Store.

3. In matters not regulated by the Terms and Conditions, the provisions of the Civil Code, the Consumer Rights Act, and the Act on the provision of services by electronic means shall apply.

3. Electronic Services

1. The Seller provides free of charge and continuously:

   1. maintaining and managing the Customer Account;

   2. maintaining and managing communication with Users via the chat function;

   3. placing and processing Orders;

   4. handling the Contact Form;

2. Detailed rules for the services are specified in the information on the Website.

4. Registration and Management of the Customer Account

1. Registration of an Account is voluntary, free of charge, and is done by completing the registration form, providing data, and accepting the Terms and Conditions and Privacy Policy.

2. The Customer guarantees the accuracy of the provided data and protects the Password from access by third parties.

3. The Customer may terminate the Account management agreement at any time by sending a statement to the email address info@pvhurt.pl.

4. The Seller may block or delete the Account in the event of a gross violation of the Terms and Conditions or legal regulations.

5. Technical Requirements

1. To interact with the Seller’s ICT system, the User must have a device connected to the Internet with any web browser installed that supports UTF-8 encoding, ensuring that the Online Store’s portal is displayed clearly; no additional extensions or plugins are required.

2. The Seller uses a “cookies” mechanism, which, when Customers use the Store’s Website, are stored by the Seller’s server on the hard drive of the Customer’s end device. The use of “cookies” aims to ensure the proper functioning of the Store’s Website on Customers’ end devices. This mechanism does not damage the Customer’s end device or cause configuration changes in the end devices or the software installed on them. Each Customer can disable the “cookies” mechanism in their device’s web browser, which may cause difficulties or prevent the use of the Website. Details regarding the use of “cookies” are available at: https://pvhurt.pl/polityka-prywatnosci-hurtownia-fotowoltaiczna-pvhurt/

3. To place an order in the Online Store via the Store’s Website or email and to use the services available on the Store’s Websites, the Customer must have at least an active email account.

4. To use the Store’s Website, make purchases, browse information about Goods, check their availability, and contact via the Contact Form, it is not necessary to have an active Customer Account.

5. For Customers with a Customer Account, the Seller reserves the right to introduce additional promotions and discounts, permanent or temporary.

6. The Seller will make every effort to ensure the fully correct functioning of the Store, in particular committing to promptly resolve any issues and failures that prevent the proper operation of the Store.

7. Any comments regarding the Store’s operation can be reported via an email sent to: info@pvhurt.pl.

8. The Seller is not liable to the Customer for:

   1. failures and disruptions in the operation of the Internet network through which the Customer uses the Store;

   2. consequences of third parties obtaining the Customer’s data necessary to place an Order;

   3. interruptions in the Store’s operation resulting from work necessary for expansion, configuration changes, or replacement of equipment or software, or for performing necessary maintenance work;

   4. interruptions in the provision of services due to reasons beyond the Seller’s control;

   5. lost profits and/or losses of the Customer resulting from the interruption or refusal to provide the service/fulfill the Order by the Seller, including those resulting from disruptions in Internet connections, terrorist attacks, hacker attacks, and other reasons independent of the Seller that may affect the Order, including reasons from other entities (entities providing telecommunications, hosting, banking, postal, courier, email, domain registration, and maintenance services, and other similar services);

   6. delays or disruptions in Order fulfillment resulting from incorrect preparation or submission of data by the Customer;

   7. consequences of actions taken by the Customer that violate the provisions of the Terms and Conditions;

   8. malicious or unlawful actions or omissions by any Internet user;

   9. obstacles caused by software;

   10. viruses, malicious software.

9. The Seller is not responsible for the accuracy of the personal data provided by the Customer during the Order placement.

10. The Seller has the right to temporarily restrict certain Store functions, make them available at specific hours, or introduce limits on their quantity if the absence of limits could affect the continuity and stability of the Store. The Seller is not liable for the consequences of these actions.

11. The Seller is not liable for any damages incurred by the Customer as a result of using an unsecured computer without antivirus software connected to the Internet.

12. The Seller’s Website contains hyperlinks to other websites. The Seller is not responsible for the content on these websites or their non-compliance with applicable law.

13. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Store’s Website, as well as templates, forms, logos, photos, and graphics posted on the Store’s Website, belong to the Seller (or the Seller is authorized to post them on the Store’s Website), and their use may only occur in the manner specified and in accordance with these Terms and Conditions and with the Seller’s prior written consent.

6. Customer Account

1. Using the Store does not require registration/creation of a Customer Account or logging into the Store.

2. To create a Customer Account, the Customer must have a VAT ID and provide, along with the VAT ID, the following data necessary for identifying the Customer/User: name and surname (company), email address, residential address (place of business), and phone number.

3. An active Customer Account entitles the User, in particular, to:

   1. access and review the list of placed Orders;

   2. saving and creating a list of favorite or tracked Goods by the User;

   3. access to offered promotions and discounts;

   4. managing payment and delivery addresses;

   5. changing the password and Account details (including personal data).

4. Logging into the Store involves entering the email address and password provided during registration.

5. During registration and Order placement, the Customer/User is obliged to provide accurate data. If there is a change in the data mentioned above during the use of the Store, the Customer/User is obliged to update the data via the Customer Account. The Seller is not responsible for the consequences of failing to fulfill this obligation.

6. During the registration process, the Customer/User is required to consent to the storage and processing of personal data provided during registration and in Orders, in accordance with GDPR regulations and the Store’s Privacy Policy.

7. The Customer has the right to terminate the agreement for the provision of the electronic Customer Account management service without stating a reason by immediately deleting the Account by sending a relevant statement via email to: info@pvhurt.pl or deleting the Account independently in the Customer panel. In the case of sending a statement via email, the Seller will promptly delete the Customer Account upon receiving the statement. After the Customer Account is deleted, the Customer’s data is anonymized.

8. The Seller has the right to terminate the agreement for the provision of the electronic Customer Account management service at any time without the obligation to provide a reason for such action, in particular if the Customer has not made any purchases through the Store within 6 months of creating the Customer Account. In the case of termination as mentioned above, the Seller informs the Customer via the email address provided in the Account, with 14 days’ notice before the planned deletion of the Customer Account. After the Customer Account is deleted, the Customer’s data is anonymized.

9. Additionally, the Seller may terminate the agreement for the provision of the electronic Customer Account management service with immediate effect if:

   1. the Customer grossly violates the provisions of the Terms and Conditions;

   2. the Customer’s actions violate applicable legal regulations, social norms, or the rights of third parties;

   3. the Customer uses the Customer Account in a manner grossly inconsistent with the rules and purpose of the Store’s operation;

   4. the data provided by the Customer raises reasonable doubts about their correctness and/or truthfulness, and these doubts could not be resolved through telephone or email contact;

   5. the Seller obtains reliable information about the illegal use of the data provided by the Customer or the illegal nature of the activities related to them.
      After the Customer Account is deleted, the Customer’s data is anonymized.

10. Deletion of the Customer Account results in the inability to use the functions available in the Customer Account, including placing Orders through the functionalities available in the Customer Account, reviewing Order history, or modifying data in the Customer Account.

7. Placing and Fulfilling Orders

1. Sales through the Store are conducted 24 hours a day, 7 days a week throughout the year, which does not exclude the possibility of temporarily suspending sales for technical reasons.

2. Information about Goods provided on the Store’s website, in particular their descriptions, technical and functional parameters, and prices, does not constitute an offer within the meaning of Article 66 of the Civil Code and is merely an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.

3. The Customer may place Orders in the Store in the following ways:

   1. through the Purchase Form available on the Store’s website;

   2. through the Customer Account.

4. Placing an Order does not lead to the conclusion of an agreement but constitutes an offer to conclude an agreement submitted by the Customer to the Seller.

5. Purchases in the Store can be made with prior registration and logging in by the User or without registration.

6. The Buyer places an order by adding goods to the cart and then following the instructions.

7. The Buyer, when placing an order, is obliged to choose the payment method and delivery method. At the same time, we inform you that if the Buyer changes the delivery address during the fulfillment of the order without prior notification to the Seller (PVhurt.pl), additional delivery costs may be charged. Changing the delivery address by the Buyer without the Seller’s knowledge results in additional fees charged to PVhurt.pl by the carrier, which will be passed on to the Buyer and included in the next billing invoice. The Buyer has the right to change the delivery address during the fulfillment of the shipment, but they should be aware of the possibility of incurring additional costs as a result.

8. By providing the delivery address, the Buyer declares that the delivery address is not subject to any restrictions or obstacles that could prevent the completion of the delivery (e.g. weight limits, entry bans, road restrictions).
   In the event that such obstacles occur, despite the Buyer’s assurance that none exist, the Buyer acknowledges that the order may be delivered to the nearest collection point of the carrier, and that the delivery costs are not subject to reduction or refund, including in cases where the goods are not collected.
9. The Buyer has the right to change the delivery address during the shipment process; however, they should be aware that this may result in additional costs, especially if the new address is significantly farther from the original destination.
   If the Buyer changes the delivery address during the order fulfillment process without prior notice to the Seller (PVhurt.pl), this may result in PVhurt.pl being charged additional fees by the carrier. Such fees will be transferred to the Buyer and reflected on the next settlement invoice.

10. After placing an Order, the Customer will receive an email from the Seller (to the previously provided email address) with confirmation of receipt of the Order, along with its assigned number and information containing:

    1. the Seller’s details and individual Order items;

    2. the total gross price (net price increased by the applicable VAT);

    3. delivery costs and estimated delivery time;

    4. payment method and deadline;

    5. method and deadline for Order fulfillment;

    6. in the case of a Buyer who is a Consumer or an Entrepreneur with Consumer Rights – information on the right to withdraw from the agreement under the conditions specified in the Terms and Conditions and legal regulations.

11. The Seller reserves the right in each case to verify (including through telephone or email contact) the placed Order and to cancel it in the event of:

    1. justified doubts about the reliability of such an Order (including the Customer’s identity);

    2. determining the permanent or temporary unavailability of the Product, of which the Customer will be promptly informed. If the Customer has already paid the price, the Seller will promptly refund the paid amount to the bank account from which the transfer was made, and the Order will be canceled;

    3. inability to contact the Customer;

    4. failure to pay the price to the Seller’s account.

12. In the case of an Order placed through the Purchase Form available on the Store’s website, the Agreement is concluded upon the Seller sending the Customer an email confirming the acceptance of the Order for fulfillment.

13. The Customer can track the status of the Order in their User Account under the “Orders” tab.

8. Prices and Promotional Offers

1. Prices of Goods are provided in Polish zlotys and euros, in gross and net amounts. Prices do not include delivery costs.

2. The price of the Goods does not include delivery costs or other costs that the Customer will be obliged to bear in connection with the Sales Agreement, about which the Customer is informed before placing the Order on the page with the purchase form.

3. If the Customer wishes the Goods to be shipped outside Poland, they should contact the Seller via the Customer Account or electronically at info@pvhurt.pl before placing the Order to confirm such a possibility and determine the delivery conditions and price. Delivery of Goods abroad is subject to a separate fee.

4. The value indicated for the Product at the time of placing the Order by the Customer constitutes the binding price for the parties to the Agreement. This provision does not apply to Products whose properties, delivery conditions, or promotional conditions are subject to individual agreements with the Customer; in such cases, relevant information is included in the Product description.

5. The Seller may change the prices of Goods, delivery prices, and introduce or cancel promotional offers; these changes do not constitute or require amendments to the Terms and Conditions.

6. Products placed in the “Promotion” and “Sale” categories are offered at reduced prices until stocks are depleted. In accordance with applicable consumer law regulations, in the case of a price reduction, the Seller also provides information about the lowest price of the Product that was in effect during the 30 days prior to the introduction of the reduction.

7. The conditions of a given promotional offer cannot be combined with other promotional offers or special offers unless the conditions of individual promotional offers allow for such a possibility.

8. The promotional offer applies to Orders placed during the validity period of the promotional offer.

9. Payments

1. The Customer may choose the following payment methods:

   1. Bank transfer to the Seller’s bank account. In the case of selecting this payment method, the Order fulfillment begins after the funds are credited to the Seller’s bank account. To reserve the goods when choosing this payment method, the Buyer is obliged to send a transfer confirmation in PDF format to the Seller’s account at info@pvhurt.pl within 1 hour of the purchase.

   2. Instant payments via Autopay – the Customer can make a payment instantly through the Autopay payment gateway;

   3. BLIK payment – the Customer has the option to make a payment via the BLIK system.

   4. Card payments – the Customer has the option to make a payment with a VISA or MasterCard.

2. In the case of choosing a bank transfer to the Seller’s bank account (prepayment), the payment should be credited to the Seller’s bank account within 1 working day in accordance with the payment deadline specified in the proforma invoice. In the event of exceeding the payment deadline, the Seller has the right to withdraw from the Sales Agreement under the conditions specified in §6 of the Terms and Conditions and cancel the Customer’s Order.

3. If the Buyer makes a payment for the purchased goods by bank transfer or another method of transferring funds that results in the Seller (PVhurt) incurring commission fees, charges, or other costs related to the transfer, all resulting costs will be added to the final value of the invoice issued to the Buyer. The Buyer undertakes to cover these costs as part of the payment for the goods at the time of placing the Order. This is visible during the Order placement next to the delivery costs and payment method selection.

4. The Customer makes payments for the Order in the currency: Polish zlotys or euros.

🇵🇱 PLN Account
Bank Name: Alior Bank SA
Bank Headquarters Address: ul. Łopuszańska 38D, 02-232 Warsaw
PVhurt.pl Grzegorz Kulikowski
Account Number: 07 2490 0005 0000 4600 0029 6926
IBAN: PL 07 2490 0005 0000 4600 0029 6926
BIC/SWIFT: ALBPPLPWXXX

🇪🇺 Euro Account
Bank Name: Alior Bank SA
Bank Headquarters Address: ul. Łopuszańska 38D, 02-232 Warsaw
PVhurt.pl Grzegorz Kulikowski
Account Number: 49 2490 0005 0000 4600 0029 6946
IBAN: PL 49 2490 0005 0000 4600 0029 6946
BIC/SWIFT: ALBPPLPWXXX

10. Delivery of Goods

1. Delivery of Goods is generally possible only within the territory of the Republic of Poland and possibly within the European Union. Deliveries outside the territory of the Republic of Poland require prior arrangement with the Seller before placing an Order.

2. If it is not possible to determine a fixed delivery cost for the country of delivery, the Seller will prepare a delivery cost simulation before confirming the Order and then send information about the Delivery Costs for that Order to the email address provided by the Customer, requesting acceptance. Upon receiving such acceptance from the Customer, the Seller will send an email confirming the acceptance of the Order for fulfillment.

3. Goods are delivered through external carriers.

4. The Customer acknowledges that “Acceptance of the shipment by the authorized person without reservations results in the expiration of claims for loss or damage unless: 1) the damage was recorded in a protocol before the shipment was accepted by the authorized person; 2) such recording was omitted due to the fault of the carrier; 3) the loss or damage resulted from intentional fault or gross negligence of the carrier; 4) damage not detectable externally was identified by the authorized person after accepting the shipment and, within 7 days, they requested an assessment of its condition and proved that the damage occurred between the acceptance of the shipment for transport and its delivery.” (Article 76 of the Transport Law).

5. In the event of identifying mechanical damage to the packaging or goods, the Buyer, to preserve the right to claim, must:

   1. prepare a damage protocol with the carrier’s participation;

   2. promptly inform the Seller – no later than 7 days from delivery;

   3. retain the damaged goods and packaging until the completion of the complaint procedure with the carrier.

6. The Seller reserves that if the content of the complaint protocol includes a note indicating the absence of packaging damage (e.g., “packaging undamaged” or “no visible packaging damage – goods damaged”), this may be grounds for excluding liability under the shipment insurance.

7. The absence of a damage protocol signed by the carrier and failure to meet the reporting deadline result in the loss of the right to claim against the carrier in accordance with Article 76 of the Transport Law and closes the complaint procedure, unless the Buyer comprehensively documents that the defect existed at the time of delivery of the item to the Buyer and submits a complaint in accordance with the principles below.

8. The Seller attaches a VAT invoice for the purchased Goods to the shipment in electronic form, and at the Customer’s explicit request, provides a VAT invoice in paper form.

11. Manufacturer’s Warranty

1. All Goods offered for sale in the Seller’s Online Store are brand new.

2. The responsibility for the warranty lies with the Manufacturer of the respective Goods. The Seller does not provide a warranty for the Goods. Complaints under the warranty for Goods submitted by the Customer will be handled by the entity that provided the warranty. The details of the entity providing the warranty and detailed information about the warranty complaint process are available from the Manufacturer of the respective Goods or in the Product’s warranty card. The Customer should exercise warranty rights in accordance with the conditions specified in the Manufacturer’s warranty document.

3. If the Manufacturer provides a warranty for the sold goods, the Seller will provide the Buyer with warranty documentation in electronic or paper form along with the goods.

4. All claims under the warranty should be directed to the Manufacturer in accordance with the conditions specified in the warranty card or through the Seller at the email address: info@pvhurt.pl.

5. Exercising warranty rights does not affect the Seller’s liability under the consumer warranty.

12. Complaints Submitted by a Customer Who Is Not a Consumer or an Entrepreneur with Consumer Rights

1. The application of Article 558 § 1 of the Civil Code regarding warranty for defects is excluded for Customers who are not Consumers or Entrepreneurs with Consumer Rights.

2. Regardless of the exclusion of the warranty, the Seller may, at its discretion, consider complaint reports, but is not obliged to replace the item or remove the defect if the costs of these actions exceed the price of the sold item.

3. Complaints may concern:

   1. technical defects of the goods;

   2. damage to the goods during transport;

   3. damage to the shipment packaging resulting in damage to the goods.

4. The complaint must be submitted within 7 (seven) calendar days from the date of receipt of the goods.

5. The complaint report must include:

   1. the date of identifying the defects or damage;

   2. a detailed description of the identified defects or damage;

   3. technical documentation regarding the defect or damage (e.g., photos, receipt protocols, technical opinions);

   4. serial numbers of the complained goods;

   5. a copy of the purchase document (VAT invoice).

6. Complaints that do not contain the above formal elements will be left unprocessed.

7. The complaint should be submitted in writing or in document form to the correspondence address specified in the agreement or invoice or to the email address: info@pvhurt.pl.

8. The time limit for handling the complaint by the Seller depends on the time limit for handling the complaint by the Carrier or the Manufacturer; however, this period should not exceed 30 (thirty) business days from the date of receipt of the complete complaint notification by the service center.

9. The Seller shall not be held liable for the extension of the time limit referred to in paragraph 8 of this section due to reasons beyond their control, i.e. those attributable to the Manufacturer or the service center.

10. The Seller shall not be liable for lost profits related to the defectiveness of the goods.

13. Complaints Submitted by a Consumer or an Entrepreneur with Consumer Rights in Case of the Seller’s Liability for Non-Compliance of Goods with the Sales Agreement

1. The Seller is liable to a Customer who is a Consumer or an Entrepreneur with Consumer Rights if the Goods are not compliant with the Sales Agreement (under the consumer warranty), in accordance with the scope and principles specified in the Consumer Rights Act.

2. When exercising the warranty, the Consumer or Entrepreneur with Consumer Rights is obliged to specify their complaint request in accordance with the provisions of the Consumer Rights Act. The Consumer or Entrepreneur with Consumer Rights may request the replacement of the Goods with a new one or a refund in case of non-compliance of the goods with the agreement.

3. If replacing the product is impossible or would involve excessive costs for the Seller, the Seller has the right to refund the funds regardless of the Buyer’s request.

4. The Seller is not liable for damage to the goods caused by the fault of the Buyer or a third party after the goods are delivered to the Buyer. In accordance with Article 544 § 1 of the Civil Code, the delivery of the goods to the Buyer is deemed to have occurred when the Seller, to deliver the item to the destination, entrusts it to a carrier engaged in the transport of such items.

5. The Seller is not liable for lost profits related to the defectiveness of the goods.

6. The costs of delivering the goods to the Seller for the purpose of complaint processing are borne by the Buyer unless the complaint is deemed justified – in which case the return shipping costs are covered by the Seller.

7. Complaints related to the consumer warranty are processed within 14 days from the date of receipt by the Seller.

8. Upon receiving a complaint report, the Seller confirms its receipt and informs about the completion of the complaint procedure, typically through the Customer Account or an email message.

9. A Customer who is a Consumer or an Entrepreneur with Consumer Rights may exercise rights under the consumer warranty independently of the rights arising from the warranty.

14. Consumer Right to Withdraw from a Distance Sales Agreement

1. A Customer who is a Consumer or an Entrepreneur with Consumer Rights, who has concluded a Sales Agreement in the Online Store – a distance agreement or outside the business premises, may withdraw from it without giving a reason within 14 days from the day:

   1. when the Consumer or a third party designated by the Consumer, other than the carrier, took possession of the item;

   2. in the case of an agreement covering multiple items delivered separately, in batches, or in parts – from taking possession of the last item, batch, or part;

   3. in the case of an agreement involving regular delivery of items for a specified period – from taking possession of the first item.

2. In the case of withdrawal from the Sales Agreement, the agreement is considered not concluded.

3. If the Consumer or Entrepreneur with Consumer Rights submits a statement of withdrawal from the Sales Agreement before the Seller accepts the offer, the offer ceases to be binding.

4. A Customer who is a Consumer or an Entrepreneur with Consumer Rights may use the withdrawal form template provided in Annex No. 2 to the Consumer Rights Act, but this is not mandatory.

5. To meet the deadline specified in paragraph 1, it is sufficient to send the statement before its expiry. The statement of withdrawal from the Sales Agreement can be prepared: in electronic form and sent via email to info@pvhurt.pl.

6. A Customer who is a Consumer or an Entrepreneur with Consumer Rights withdrawing from the agreement is obliged to return the Goods to the Seller at the address of the company’s registered office or the address from which the Goods were sent, or to hand them over to a person authorized by the Seller to collect them, promptly, but no later than 14 days from the day they withdrew from the Sales Agreement, unless the Seller has offered to collect the Goods themselves. The method of returning the Goods should be agreed upon with the Seller before shipping.

7. In the case of exercising the right to withdraw from the agreement, the Consumer bears the costs of returning the goods.

8. The returned Goods must be complete. It is recommended to properly secure the returned Goods to prevent potential damage during transport.

9. The returned goods must not bear signs of use. The Consumer is responsible for the reduction in the value of the item resulting from its use beyond what is necessary to ascertain the nature, characteristics, and functioning of the item.

10. In the case of withdrawal from the agreement, the Seller will refund all payments made by the Consumer, including the costs of delivering the goods, promptly, no later than 14 days from the day the Seller was informed of the Consumer’s decision to withdraw from the agreement, provided the item is returned or proof of its shipment is provided within the specified period.

11. If the Consumer chose a delivery method for the item other than the cheapest standard method offered by the entrepreneur, the entrepreneur is not obliged to refund the additional costs incurred by the Consumer.

12. The Seller will refund payments using the same payment method used by the Consumer, unless the Consumer expressly agrees to another method, i.e., a transfer to the specified bank account.

13. The right to withdraw from the agreement does not apply to the Consumer in the cases specified in Article 38 of the Consumer Rights Act, in particular when:

14. the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to meet their individualized needs;

15. the subject of the service is an item subject to rapid deterioration or with a short shelf life;

16. the subject of the service is an item delivered in sealed packaging, which cannot be returned after opening due to health protection or hygiene reasons;

17. the subject of the service is goods that, after delivery, due to their nature, are inseparably connected with other items;

18. the agreement concerns the delivery of digital content not provided on a tangible medium, if the performance began with the Consumer’s express consent before the withdrawal period expired and after being informed about the loss of the right to withdraw from the agreement.

19. The Seller does not accept shipments returned on delivery or at the recipient’s expense.

15. Protection of Customers’ Personal Data

In accordance with Article 13(1) and (2) of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 (General Data Protection Regulation – Official Journal of the EU L 119, p. 1), hereinafter referred to as GDPR, we inform you that:

1. The Data Controller of your personal data is PVhurt.pl Grzegorz Kulikowski, Pasiecznik 82, 59-623 Pasiecznik. For any questions regarding the processing of your personal data, you can contact us via email at: info@pvhurt.pl.

2. The Data Controller can be contacted:

   1. by phone: +48 536 226 667;

   2. via email correspondence: info@pvhurt.pl.

3. Purpose and legal basis for processing personal data:
   Personal data (such as name and surname, position, phone number, email address, company data) are processed for the purpose of:

   1. concluding and performing the agreement (Article 6(1)(b) GDPR);

   2. fulfilling legal obligations (e.g., tax, accounting) (Article 6(1)(c) GDPR);

   3. pursuing or defending claims (Article 6(1)(f) GDPR).

4. Recipients of the data:

   1. The data may be shared with entities providing accounting, IT, courier, legal services, or other authorized entities under legal regulations.

   2. Personal data are not transferred outside the European Economic Area (EEA) unless explicitly informed otherwise.

5. Data retention period:
   The data will be retained for the duration of the agreement and the limitation period for claims or as required by legal regulations (e.g., retention of accounting documentation).

6. The person whose personal data is processed by the Data Controller has the right to:

   1. access their data;

   2. rectify their data;

   3. delete or restrict processing;

   4. object to processing;

   5. data portability;

   6. lodge a complaint with the President of the Personal Data Protection Office.

7. Providing personal data is voluntary but necessary for concluding and performing the agreement.

8. All information regarding the principles of personal data processing is available at: https://pvhurt.pl/polityka-prywatnosci-hurtownia-fotowoltaiczna-pvhurt/

16. Out-of-Court Complaint Resolution Methods

1. A Customer who is a Consumer or an Entrepreneur with Consumer Rights has the right to use out-of-court methods for handling complaints and pursuing claims.

2. In particular, the Consumer or Entrepreneur with Consumer Rights may:

   1. apply to the permanent consumer arbitration court operating at the provincial inspectorates of the Trade Inspection with a request to resolve a dispute arising from the concluded agreement;

   2. request the provincial inspector of the Trade Inspection to initiate mediation proceedings to amicably resolve the dispute between the Customer and the Seller;

   3. seek assistance from the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Polish Consumers Association);

   4. use the European Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr.

3. Detailed information on out-of-court methods for handling complaints and pursuing claims is available on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl, in the “Consumer Dispute Resolution” tab.

4. The use of out-of-court dispute resolution methods is voluntary and may only occur with the consent of both parties to the dispute.

5. The Seller informs that it is not obliged to use out-of-court dispute resolution with Consumers or Entrepreneurs with Consumer Rights unless such an obligation arises from mandatory legal regulations or the Seller agrees to it in a given case.

17. Newsletter

1. The Customer has the option to voluntarily subscribe to the Newsletter service, which involves receiving commercial, marketing information, and information regarding the Store’s activities, including current offers, promotions, news, events, and services from the Seller.

2. The Newsletter is sent exclusively to Customers who:

   1. have consented to receiving it by checking the appropriate box in the registration form or subscribing to the Newsletter;

   2. have provided their correct email address;

   3. have accepted the provisions of these Terms and Conditions and the Privacy Policy.

3. Subscribing to the Newsletter is equivalent to concluding an agreement for the provision of an electronic service, the subject of which is the regular sending of informational and marketing content. The service is free and provided for an indefinite period.

4. The Customer may unsubscribe from the Newsletter at any time, without stating a reason and without incurring any costs. Unsubscribing from the Newsletter is possible by sending a request to remove the email address from the subscriber database to the email address: info@pvhurt.pl.

5. The legal basis for processing personal data for the purpose of sending the Newsletter is the consent of the data subject, given in accordance with Article 6(1)(a) GDPR. Personal data will be processed for the duration of the service or until the subscriber withdraws consent.

6. Detailed information on the principles of personal data processing is available at: https://pvhurt.pl/polityka-prywatnosci-hurtownia-fotowoltaiczna-pvhurt/

18. Amendment of the Terms and Conditions

1. These Terms and Conditions constitute an amendment to the terms and conditions in force from January 1, 2023, and enter into force on October 6, 2025, i.e., 14 days after their publication on the Store’s website.

2. The Seller reserves the right to amend the Terms and Conditions for important reasons.

3. The new Terms and Conditions enter into force 14 days after their publication on the Store’s website or after notifying the Customer electronically.

4. Failure to accept the new Terms and Conditions prevents the use of the Store.

19. Final Provisions

1. The Terms and Conditions are available free of charge on the Store’s Website and may be recorded by the Customer.

2. The language of the Sales Agreements is Polish.

3. In the case of disputes, Polish law applies, and the competent court is the general court with jurisdiction over the Seller or, in consumer matters, the court of the Consumer’s place of residence.