§ 1. GENERAL PROVISIONS

1.  These General Terms and Conditions of Contracts (hereinafter referred to as GTCs) shall apply to contracts concluded by the Service Provider at a distance or off-premises.

2. Definitions:
a) Service Provider – RentPlanet LIMITED LIABILITY COMPANY, Plac Europejski 1, 00-844 Warsaw, telephone: +48 601 201 741, e-mail: kamil@rentinglock.com, NIP: 5223076793, REGON: 365929227, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XII Economic Division of the National Court Register under KRS number: 0000648720,
b) Customer – a natural person with full legal capacity, a natural person conducting business, a legal person or an organizational unit without legal personality, who uses the services provided by the Service Provider,
c) Order – a statement of intent by the Customer, constituting an offer to conclude an Agreement for the provision of services,
d) Contract for the provision of services (hereinafter referred to as the Contract) – a contract within the meaning of the Act of April 23, 1964 – Civil Code (Journal of Laws of 2014, item 121 as amended), concluded by the Customer with the Service Provider, the subject of which may be the purchase of a Lock, Rentinglock Service, Software and/or RentingApp application.
e) Rentinglock Service – the service of generating Access Codes for the Lock provided by the Service Provider,
f) Lock – a movable item constituting a universal electronic door lock, dedicated exclusively under the Rentinglock Service, which may be the subject of a Service Agreement concluded between the Customer and the Service Provider,
g) Soft – software that allows automating the generation of Access Codes,
h) RentingApp – a soft and web application used to manage the process of renting a property,
i) Access Code – an individually generated string of digits using a code generator, which allows the Lock to be opened at the time specified by the Service Recipient,
j) Force Majeure – a future, extraordinary, external and unpreventable event in the nature of catastrophic acts of nature (vis naturalis), acts of public authority that cannot be resisted (vis imperii), and acts of armed force during disturbances of collective life, such as war, riots (vis armata),
k) Price List – a document containing a summary of rates and charges for services and products, as well as specifying the rules for their calculation, which is also an integral part of these T&Cs,
l) Proof of purchase – receipt, registered invoice, VAT invoice or other document confirming the purchase,
m) Newsletter – a service provided electronically by the Service Provider, which consists in enabling interested Service Recipients to automatically receive the most important marketing information to the e-mail address provided,
n) Personal Data Administrator – RentPlanet Sp. z o.o. with its registered office at: 1 Plac Europejski St., 00-844 Warsaw, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XII Economic Department of the National Court Register, under KRS number: 0000648720, NIP: 5223076793, REGON: 365929227, telephone: +48 601 201 741, e-mail: kamil@rentinglock.com.

3. In relation to consumers within the meaning of the Civil Code, the provisions of these T&Cs that are generally recognized as prohibited, detrimental to the rights of consumers and contrary to generally applicable laws shall not apply. In such a situation, the universally applicable provisions shall apply instead of such provisions.

§ 2. CONCLUSION OF THE AGREEMENT

1. The Contract shall be concluded on the basis of these T&Cs and all integral parts, such as Price Lists and separate Regulations, which the Service Provider shall provide to the Client prior to the conclusion of the Contract, as well as on the basis of individual arrangements between the Service Provider and the Client.

2. The parties shall specify in a separate agreement each time the detailed specification of a given Order.

3. Services provided by the Service Provider may be in various forms (one-time purchase, subscription, provision of services during a trial period).

4. The Service Provider may introduce promotions and set individual prices for its services and goods sold.

5. The Service Provider reserves the right to improve the services it provides and the goods it sells, in particular by modifying them (e.g. the way of generating codes, creating mobile applications, changes in the functionality of the Website, etc.).

6. The Service Provider reserves the right to carry out a process of verification of Service Recipients based on the criteria it has established. The verification process does not incur any additional fees.

7. The Service Provider shall confirm to the Customer:
(a) submission of the Order,
b) receipt of consent to the delivery of digital content in circumstances that cause the loss of the right to withdraw from the Service Agreement,
c) commencement of the Service,
– in the form of an email sent to the email address indicated by the Customer, or in writing if the contract is signed with the physical presence of both Parties.

8. the contract for the provision of services shall be deemed to have been concluded upon receipt by the Service Recipient of the e-mail message referred to in the above paragraph, or upon physical signature.

9. The Service Recipient shall have the right to transfer (assign) the rights and obligations under the Agreement to a third party. In such a case, the third party taking the place of the Service Recipient will be obliged to pay the fees under the indicated contract in a timely manner.

10. In the case of any contracts entered into with the Service Provider for a specified period of time, they shall be considered terminated upon expiration of the period for which they were entered into, if the Service Recipient does not renew them.

§ 3. RULES OF PROVIDING THE RENTINGLOCK SERVICE

1. This paragraph regulates the general principles of providing the Rentinglock Service. Detailed information can be found in the available Price Lists and other documents that are an integral part of the Agreement.

2. When placing an Order, the Service User determines the time zone in which the Castle is located. The Service Provider then activates the Lock, thus enabling accurate calibration of the current time on the Lock’s clock.

3. Activation is a necessary condition for the proper operation of the Lock and therefore for the use of the Rentinglock Service.

4. Throughout the duration of the Service Agreement, the Service Recipient may generate an unlimited number of Access Codes to the Lock. The access codes referred to in the previous sentence are active only during the time period specified by the Service User.

5. In order to effectively generate the Access Code, the Service User must create an individual profile on the Service Provider’s website and then click the “Generate Code” button that is associated with the Lock of their choice. After performing the activities referred to in the previous sentence, the individual Access Code is displayed in the Service User’s panel.

6. Only the Service User and the person authorized by him are authorized to use the Lock and enter the Access Code on the Lock’s display.

7. If the Service Recipient or a person authorized by him does not receive the generated Access Code from the Service Provider, the activity of generating a new Code should be repeated. If this does not bring results, the Service User should immediately contact the Service Provider.

8. When purchasing the Lock, the Service Provider also provides the Service User with a physical emergency key that can be used to open the door, but only in exceptional situations, such as e.g. battery discharge.

§ 4. RENTINGLOCK LOCK

1. This paragraph regulates the general rules for purchasing the Lock. Detailed information can be found in the available Price Lists and other documents that are an integral part of the Agreement.

I. CONDITIONS FOR PLACING AN ORDER

1. The lock can be purchased individually or together with the Rentinglock Service.

2. The Service Provider transfers the ownership of the Lock to the Service User, and therefore the Service User is obliged to pay a specific price to the Service Provider.

3. The expiration of the Agreement does not result in the Service User’s obligation to return the Lock, and does not require the Service Provider to refund the price of the Lock.

4. The User may place Orders only in writing (paper contract or e-mail).

5. All Locks are original, brand new (free from defects) and comply with applicable standards and requirements indicating the Lock’s compliance with the law regarding its introduction to trade in the European Union, which is confirmed by the CE Certificate placed on the Lock.

6. The order processing time (completion of the order and preparation for shipment) is up to 48 hours.

7. The Service Provider reserves the right to cancel the Order if the Service Recipient, despite prior notice, has not completed the deficiencies required for the effective execution of the Order within 7 days.

II. LOCK DELIVERY

1. The ordered Lock is delivered to the Customer’s address provided when placing the Order via the DHL courier company.

2. Delivery costs are borne by the Service Recipient.

3. Delivery costs are calculated in accordance with current price lists and depend on the weight and size of the shipment, customs duties, VAT, etc.

4. In the case of shipping outside the country, the shipping cost is determined individually based on the estimated weight of the package and the country of destination.

5. The waiting time for delivery of the shipment is usually from 5 to 7 business days, but in the case of larger orders it may change, about which the Service User will be informed.

6. The Service Recipient undertakes to collect the sent Lock.

III. COMPLAINT

1. The service recipient is obliged to check the contents of the shipment in the presence of the courier. If any missing or damaged locks are found, a damage report must be prepared, which will be the basis for considering the complaint. This point does not apply to the consumer.

2. If it is found that the Lock has a defect, the Service User is obliged to inform the Service Provider about it.

3. The complaint should include the name and surname of the Service Recipient, e-mail address, description of the objections raised (description of the Lock defect), the date of their creation and the Service Recipient’s request.

4. The complained Lock must be accompanied by a Proof of Purchase or a copy thereof.

5. The Service Recipient is obliged to return the complained Lock at his own expense. If the complaint is upheld, shipping costs are refunded.

6. Complaints should be sent to the following address: RENTINGLOCK.COM LIMITED LIABILITY COMPANY
Street Fabryczna 16H, 53-609 Wrocław
or electronically via e-mail sent to the following address:
kontakt@rentinglock.com.

7. If the data or information provided in the complaint require supplementation, before considering the complaint, the Service Provider will ask the Service User to supplement it in the indicated scope.

8. The Service Provider undertakes to respond to the complaint submitted by the Service User within 14 days. Lack of response from the Service Provider after the deadline indicated in the previous sentence results in the complaint being considered justified.

9. The Service Provider is liable under the warranty under applicable law.

IV. GUARANTEE

1. The locks are covered by a warranty provided by the Service Provider or the Manufacturer.

2. If the subscription period is extended, the Service Provider may provide an additional warranty for the previously purchased Lock. This may incur an additional fee.

3. In the situation referred to in the previous sentence, any reported irregularities in the operation of the Lock will result in the Lock being replaced with a new one.

4. Details of the warranty procedure can be found on the warranty card attached to the Lock.

5. The warranty does not exclude, limit or suspend the User’s rights under the Service Provider’s liability for physical and legal defects of the Lock to the extent specified in the Act of April 23, 1964 – Civil Code (Journal of Laws of 2014, item 121). as amended).

§5. SOFT

1. Detailed information regarding the Soft can be found in the Price Lists and other documents that are an integral part of the Agreement.

2. The user can purchase only the Soft (without lock) and install it on their devices.

§6. RENTINGAPP APP

1. Detailed information regarding the RentingApp Application can be found in the RentingApp Application Regulations, Price Lists and other documents that are an integral part of the Agreement.

§7. PAYMENTS

1. Prices provided by the Service Provider are expressed in the following currencies: Polish zloty, euro, US dollar.

2. The prices indicated are net prices, therefore VAT or other appropriate public levies must be added.

3. Any additional costs referred to in this point are covered by the Service Recipient, based on the information obtained when placing the Order.

4. Currencies, costs and delivery times vary depending on the country from which the Order is placed. If the Order is placed by the Service Recipient from the territory of a country other than the Republic of Poland, it may be subject to additional handling fees.

5. The service provider allows various forms of settlement. Details can be found in the documents attached to the Order. The Service Recipient chooses the method of payment for the Order.

6. The prices referred to in point 1 of this paragraph do not include any delivery costs that are indicated when placing the Order.

7. The Service Recipient is informed about the total amount of the Order each time before placing the Order.

8. The services are activated and the products are sent upon payment, unless individual arrangements between the Service Provider and the Service Recipient are different.

9. The billing period for a monthly subscription (monthly subscription) is one calendar month.

10. By providing the payment card number or bank account number, the Service Recipient may consent to periodic debiting of his account with the subscription amount and/or a one-off fee.

11. The Service Provider reserves the right to temporarily stop providing services to the Service User if he does not make payments under the contract on time and has not settled the debt despite previous requests.

12. Each Order is accompanied by a Proof of Purchase.

13. A service recipient who is not a consumer within the meaning of the provisions of the Act of April 23, 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended) authorizes the Service Provider to issue a VAT invoice without the recipient’s signature in order to complete the Order.

14. Invoices are sent to the e-mail address indicated by the Service User in the form of a .pdf file, enabling downloading and printing. If the Service Recipient wishes to use paper invoices, a written instruction amending this point is required.

§ 8. RESPONSIBILITY

1. This paragraph has limited application to consumers – provisions of the General Terms and Conditions generally considered unlawful and contrary to applicable law do not apply.

2. The Service Provider is not liable for any damage caused by the Service User providing false, outdated or incomplete data and failure to comply with the terms of these General Terms and Conditions.

3. The Service Provider shall not be liable to the Service Recipient, in particular if:
a) The Service Recipient purchased a Lock which, despite detailed guidelines contained in the installation and operating instructions and device specifications, was not intended for his door,
b) The lock was installed incorrectly, i.e. inconsistent with the installation and operating instructions,
c) the door in which the Lock was installed is damaged and its defect prevents or significantly hinders the provision of the Service,
d) The Service Recipient carried out repairs on his own or interfered in any way with the operation of the Lock,
e) unauthorized third parties use the Lock,
f) The Service Recipient does not perform the maintenance of the Lock recommended by the Service Provider,
g) The Service Recipient or a person who is a user of the Lock uses or has used a physical emergency key provided by the Service Provider to open the door,
h) The Service Recipient uses the Lock in a manner inconsistent with its intended purpose,
i) there was an interruption in the operation of the servers, caused in particular by their technical service or maintenance work, and therefore the provision of the Service was temporarily suspended.

4. The instructions referred to in this paragraph are attached to each Lock.

5. The liability referred to in this paragraph applies to both actual damage (damnum emergens) and lost profits (lucrum cessans) resulting from the Service Recipient’s failure to comply with, among others, to the Website Regulations, Rentinglock Service Regulations, Lock Installation and Operation Manual, as well as other documents provided to the Service User by the Service Provider in connection with the conclusion of the Agreement.

6. Due to the above, the Service Provider’s liability for damage (damnum emergens) resulting from:
a) due to force majeure,
b) due to the intentional fault of the Service Recipient,
c) as a result of the action of a third party for whom the Service Provider is not responsible, in particular for the user of the Lock and persons accompanying him,

7. The Service Provider is not liable for lost profits (lucrum cessans).

§ 9. WITHDRAWAL FROM THE CONTRACT

1. The provisions of this paragraph apply only to consumers and to Agreements signed off-premises or remotely.

2. A service recipient who is a consumer within the meaning of Art. 22(1) of the Act of April 23, 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended), you have the right to withdraw from a distance contract, without giving a reason, within 14 days from the date of receipt of the product/commencement of services.

3. The above right is not available to the Service Recipient in the following cases:
a) provision of services, if the Service Provider has fully performed the service with the express consent of the Service Recipient, who was informed before the commencement of the service that after the Service Provider has completed the service, he will lose the right to withdraw from the contract,
b) contracts for services for which the price or remuneration depends on fluctuations in the financial market over which the Service Provider has no control and which may occur before the deadline for withdrawal from the contract,
c) contracts the subject of which is a non-prefabricated item, manufactured according to the Service User’s specifications or serving to meet his individual needs,
d) contracts the subject of which is an item that deteriorates quickly or has a short shelf life,
e) contracts the subject of which is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened by the Service Recipient after delivery,
f) specific contracts the subject of which are items which, after delivery, due to their nature, are inseparably connected with other items,
g) contracts the subject of which are alcoholic beverages, the price for which was agreed upon concluding the Sales Agreement and delivery may only take place after 30 days, and their value depends on market fluctuations over which the Service Provider has no control,
h) contracts in which the Service Recipient expressly requested the Service Provider to come to him for urgent repair or maintenance. If the Service Provider additionally provides services other than those requested by the Service User, or provides items other than spare parts necessary for repair or maintenance, the Service User has the right to withdraw from the contract in relation to additional services or items,
i) contracts the subject of which are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened by the Service Recipient after delivery,
j) delivery of newspapers, periodicals or magazines, with the exception of subscription contracts,
k) contracts concluded by public auction
l) contracts for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the concluded contract specifies the day or period of service provision,
m) contracts for the supply of digital content not recorded on a tangible medium, if the performance of the service began with the express consent of the Service User before the deadline for withdrawal from the contract and after the Service Provider informed about the loss of the right to withdraw from the contract.

4. To effectively withdraw from the contract referred to in point 1 of this paragraph, it is sufficient for the Service Recipient to submit a written declaration by e-mail or post within the statutory period of 14 days from the moment of receiving the shipment/starting the provision of services.

5. When withdrawing from the contract, the Service Recipient is obliged to return the Lock within 14 days from the date of withdrawal.

6. The shipping costs of the returned Lock are borne by the Service User.

7. The Service Recipient is responsible for reducing the value of the Lock resulting from using it in a way that goes beyond what is necessary to establish its nature, characteristics and functioning.

8. The Service Provider guarantees the refund of the price of the Lock and shipping costs to the Customer immediately, no later than within 14 days of receiving the Lock.

9. The Service Provider refunds the payment using the same payment method used by the Service Recipient, unless the Service Recipient has expressly agreed to a different method of return that does not involve additional costs for Him.

10. If the Service Recipient has chosen a method other than the cheapest standard delivery method offered by the Service Provider, the Service Provider is not obliged to reimburse the additional costs incurred by the Service Recipient.

11. Returns of the Lock upon withdrawal from the contract, sent at the expense of the Service Provider or cash on delivery will not be accepted.

§ 10 PERSONAL DATA PROTECTION

The Service Provider is the Administrator of the User’s Personal Data, and the basis for the processing of personal data is the implementation of the concluded contract (e.g. registering an Account or placing an order without registering an Account) or taking action at the User’s request before concluding the contract. In addition, the User may consent to the Service Provider processing his or her personal data for marketing purposes in accordance with and on the terms specified in the provisions on the protection of personal data. Details regarding the processing of personal data can be found in the Privacy Policy.

§11. FINAL PROVISIONS

1. The Service Provider reserves the right to change these General Terms and Conditions. The changes enter into force at the time clearly indicated by the Service Provider, but no earlier than 7 days after their announcement. Orders placed before the changes referred to in the previous sentence come into force will be processed according to the rules applicable at the time of their submission.

2. Any disputes between the Parties will be resolved amicably. However, if it is not possible to resolve the dispute amicably, the court competent to hear the dispute is the court competent for the seat of the Service Provider. This does not apply to consumers.

3. In matters not regulated by these Regulations, the relevant provisions of Polish law will apply, in particular the Act of April 23, 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended) and other relevant provisions.

4. The General Terms and Conditions are valid from November 1, 2017.