Terms of service

§ 1. GENERAL PROVISIONS

The site is available at the following address: rentinglock.com and it is run by RentingLock.com sp. z o. o. (Limited Liability Company), Fabryczna 16h street, 53-609 Wrocław, telephone number: +48 793 402 789 or +48 601 201 741, e-mail address: michal@rentinglock.com, NIP (Tax Identification Number): 8943063805, REGON (National Business Registry Number): 361957860, entered into the National Court Register conducted by the District Court for Wrocław-Fabryczna in Wrocław, the 6th Economic Division of the National Court Register under the number KRS: 0000565668.These Regulations apply for agreements concluded by the website rentinglock.com regarding the provision of the RentingLock Service.Definitions:Website – an Internet Website of the Service Provider available at the following address: rentinglock.com,Regulations – these Regulations for the Provision of the RentingLock Service, mentioned in art. 8 of the act dated 18 July 2002 regarding electronic services (Journal of Laws 2002, No. 144, pos. 1204 as amended). The regulations of the website rentinglock.com, available on the website of the Service Provider, constitutes an inseparable part of these Regulations.Service Provider – RentingLock.com sp. z o. o., ul. Fabryczna 16h street, 53-609 Wrocław, telephone number: +48 793 402 789 or +48 601 201 741, e-mail address: support@rentinglock.com, NIP (Tax Identification Number): 8943063805, REGON (National Business Registry Number): 361957860, entered into the National Court Register conducted by the District Court for Wrocław-Fabryczna in Wrocław, the 6th Economic Division of the National Court Register under the number KRS: 0000565668,User – a physical person with full legal capacity, and in the cases provided for by the rules generally applicable also a physical person with limited legal capacity, a physical person running a business, a legal person or an organizational unit without legal personality, which uses the services provided electronically by the Service Provider,Subscriber – a physical person with full legal capacity, and in the cases provided for by the rules generally applicable also a physical person with limited legal capacity, a physical person running a business, a legal person or an organizational unit without legal personality, which concluded an Agreement for the Provision of the RentingLock Service with the Service Provider,Application form – a form available on the Website which allows the creation of the Account,Account – a collection of resources marked with an individual name (login) and a password provided by the User gathered in the ICT system of the Service Provider, in which the User’s data is gathered, especially information about the Orders and active Locks.Additionally through the Account the Subscriber generates Access Codes to the Lock,Order – a statement of the User’s intent, constituting an offer to conclude the Agreement for the Provision of Services,Agreement for the Provision of Services – an agreement for the provisions of the RentingLock Service, pursuant to the provisions of the act dated 23 April 1964 – Civil Code (Journal of Jaws from 2014, pos. 121 as amended), concluded by the User and the Service Provider for a defined period of time via the Website in Polish,RentingLock Service – a service which involves generating Access Codes to the Lock, provided by the Service Provider,Lock – a movable item available on the Website, constituting a universal, electronic door lock dedicated to the RentingLock Service, being simultaneously the subject of the Agreement for the Provision of Services concluded between the User and the Service Provider,Access Code – a string of 10 digits individually generated by the Service Provider using the code generator, which is then forwarded to the Subscriber via e-mail or SMS, allowing the user of the Lock to open the Lock in a strictly designated time period,PUK Code – an emergency code constituting a string of 13 digits, which allows to unlock the Lock after previous failure to enter the right Access Code for four time, which is available only in the Subscriber’s profile after logging into the Account,Subscription fee — a fee collected from the Subscriber for the provision of the RentingLock Service settled monthly or based on the amount of generated code access,Billing period – a strictly determined time period for which the RentingLock Service is settled – in the case of a monthly subscription the billing period is 30 days,Force majeure – a future, extraordinary, external event which is impossible to prevent, an event of a catastrophic nature (vis naturalis), acts of public authority, which cannot be opposed (vis imperii), and acts of armed forces during the disturbances of public life (vis armata),Basket – a virtual tool which allows the User to aggregate selected Locks before their purchase and to calculate their value. During the selection of the Lock, the User can freely manage the content of the Basket by adding more Locks or removing Locks from the Basket,Promotion – a strictly determined discount for Locks, constituting the subject of the Agreement for the Provision of Services concluded between the User and the Service Provider,Pricelist – a document including rates and fees for services and Locks available on the website rentinglock.com, as well as defining rules of their settling, which simultaneously constitutes an inseparable part of the Agreement of the provision of services. The Pricelist is available on the subpage of the Service Provider in the tab (please indicate the link),Proof of purchase – a nominative invoice, a VAT invoice or another document confirming purchase,Newsletter – a service provided electronically by the Service Provider, allowing the interested Users to automatically receive the most important information related to the Website to the provided e-mail address.Services provided electronically by the Service Provider include:allowing to have the Account on the Website,allowing to conclude the Agreement for the provision of services,allowing to use the RentingLock Service,having access to the Newsletter.Before placing the Order the User is requested to read the Regulations of the Website, the content of these Regulations and to accept their provisions.When registering on the Website the User indicates their country of residence or stay (country of destination). Placing the Order, payment for the Order, delivery and the provision of the Service can be implemented exclusively in the case of the identity of the country of destination in accordance to the rules defined for the country. Otherwise, the Service Provider reserves the right to cancel the Order.The purpose of the Provisions of these Regulations is not to exclude or limit any rights of the User or the Subscriber, who is simultaneously a consumer, pursuant to the provisions of the act dated 23 April 1964 – Civil Code (Journal of Laws from 2014, pos. 121 as amended), entitled to them on the basis of mandatory provisions of law. If the provisions of these Regulations are not compliant with the above mentioned provisions, these provisions prevail.

§ 2. CONCLUDING THE AGREEMENT

The Agreement for the Provision of Services with the User is concluded for a defined period of time.Concluding the Agreement for the Provision of Services on the basis of these Regulations, the User simultaneously obtains a possibility to purchase the Lock.The conclusion of the Agreement for the Provision of Services involves activation of a selected Subscription and obtaining a possibility to use the RentingLock Service provided by the Service Provider via the website rentinglock.com.By concluding the Agreement for the provision of services under these Regulations, the Service Provider provides the Subscriber to select one of the possible forms of accounts:use the monthly subscription where billing period is one month (monthly subscription)use the monthly subscription where the Subscriber will be charged for each generated code (pay per code)The beginning of the provision of the Service takes place upon the activation of the Subscription, for which a payment has been made.Making the subscription payment or a one-time fee for the lock means that the Subscriber gives consent for commencing the provision of Services by the date of the agreement termination.The Service Provider shall confirm the following to the Subscriber:Placement of the Order,Receipt of consent to deliver digital content in the circumstances resulting in the loss of the right to withdraw from the Agreement for the provision of Services,Commencement of the Service implementation

– via e-mail sent to the e-mail address indicated by the Subscriber.The Agreement for the provision of Services shall be regarded as concluded upon the receipt of the e-mail mentioned in point 6 of this paragraph by the Subscriber.During the period of the Agreement for the provision of services any change of the Subscription, selected when the agreement is concluded, is not possible.The Subscriber using the RentingLock Service during the period of the Agreement for the provision of services is obliged to pay the monthly Subscription fee on time (monthly subscription).The Subscriber is entitled to transfer (cease) the rights and obligations resulting from the Agreement for the provision of services to a third party. In such a case, the third party is obliged to make regular payments resulting from the agreement on time.When the period for which the Agreement for the provision of services is completed, the possibility to use the RentingLock Service shall be blocked.Failure to renew the Agreement for the provision of services means resignation from the RentingLock Service and it does not result in the obligation to return the purchased Lock.

§ 3. RULES OF PROVIDING THE RENTINGLOCK SERVICE

Generating Access Codes is only possible in the case of the RentingLock electronic Lock, constituting assortment of the Website of the Service Provider available on the website rentinglock.com.When placing the Order the User defines the time zone in which the Lock is. The User also activates the Lock, simultaneously allowing precise calibration of the current time on the clock of the Lock.Activation is a mandatory condition for appropriate functioning of the Lock and for using the RentingLock Service.Within the Subscription during the entire period of the Agreement for the provision of services, the Subscriber has the possibility to generate unlimited number of Access codes to the Lock. Access codes, mentioned in the previous sentence, are single-use and active exclusively in the time period selected by the Subscriber, i.e. from 1 hour to 256 hours.In order to effectively generate Access codes the Subscriber has to log into their Account on the Website. Then they inform the Service Provider about their will to generate the Access code by clicking the button “Generate code” related to the selected Lock.When the Access code is effectively generated by the Service Provider, it is immediately forwarded to the Subscriber via e-mail or SMS.The Subscriber or the person using the Lock, to whom the Subscriber forwards the generated Access code in accordance with the provision of these Regulations, is entitled to use the Lock and enter the Access code on the display of the Lock.If the Subscriber does not receive the Access code generated by the Service Provider, they should log into their Account on the Website and request for another Access code to be generated. In such a situation opening the Lock will be only possible using the last generated Access code.If the Subscriber enters an incorrect Access code four times, a possibility to open the door using the device will be blocked. In order to unlock the Lock, it is necessary to enter a 13-digit PUK code available on the Subscriber’s profile on the Website.

§ 4. PAYMENTS

Prices provided on the Website are expressed in the following currencies: PLN, EUR and USD. Prices include all elements, including VAT and duty, the calculation of which is made according to the settlement information provided by the User when the Order is placed.Diversity of currencies, costs and delivery time takes place according to the country from which the Order is placed. If the Order is placed by the User from a different country than the Republic of Poland, it can be subject to additional fees about which the Subscriber will be informed before placing the Order.Prices, mentioned in point 1 of this paragraph do not include potential delivery costs of the Lock defined when the Order is placed.Each time before placing the Order the Subscriber is informed about the total amount of the Order.The Subscriber can select one of the following payment options regarding the conclusion of the Agreement for the provision of services:Via payment card – credit or debit – Visa, American Express, MasterCard or Maestro,Via money transfer or wire transfer to the bank account of the Service Provider.The selection of the payment option for the Order is made when the Subscriber is placing the Order.When selecting a payment option mentioned in point 5 a) of this paragraph, the payment is considered settled when the authorization of 100% of the Order value is positive.When selecting a payment option mentioned in point 5 a) of this paragraph, the payment is considered settled when 100% of the funds are accounted on the account of the Service Provider.The Lock is sent when the payment is made.The billing period in case of the monthly Subscription (monthly subscription) is 30 days.Regarding point 10 of this paragraph, the Subscriber is obliged to pay the defined amount by the date indicated on the invoice received for a given billing period unless they resign from using the RentingLock Service – in such a case they give consent to pay the due amount for the started billing period, as well as the fee resulting from § 7 point 1 of these Regulations.Providing the number of a credit card or a bank account number, the Subscriber can give consent to have their account charged with the monthly subscription fee cyclically.In the situation mentioned in point 12 of this paragraph, the Subscriber entitles the Service Provider to store and continue to make settlements using the selected payment option also when the option exceeds the expiry date in order to avoid the interruption of the provision of the RentingLock Service.In the case of ineffective expiry of the billing period payment deadline directly after the period paid for, the Service Provider blocks the possibility to generate Access codes, informing the Subscriber about this via e-mail or telephone, simultaneously summoning the Subscriber to pay the due amount in an additional 7-day period. If the summons are ineffective, the Service Provider is entitled to terminate the Agreement for the provision of services due to the Subscriber’s fault which shall result in the obligation to pay the fee mentioned in § 7 point 1 by the Subscriber.If you use a monthly subscription, referred to in § 2 point 4 b), the total payment for the lock is charged immediately after the conclusion of the Agreement on the provision of services, while The respective fee for the access code is collected immediately after placing orders and click on the „Generate Code „.In the situation referred to in paragraph 16 of the Rules of subscriber gains access to the Service for a period of one month, counted from the time of a one-off payment for the Lock.A proof of purchase is attached to each Order (a nominative invoice or a VAT invoice).The Subscriber who is not a physical person in order to place the Order and use the RentingLock Service entitles the Service Provider to issue a VAT invoice without the signature of the recipient.Invoices sent to the e-mail address indicated by the Subscriber in the registration form are in pdf, which allows them to be downloaded and printed. If the Subscriber wishes to receive hard copies of the invoices, a written disposition amending this point is required.Dedicated online payments on the Website of the Service Provider are conducted via Stripe.com run by Stripe, Inc. 3180 18th Street, Suite 100, San Francisco, California.

§ 5. RENTINGLOCK LOCK

CONDITIONS FOR PLACING THE ORDERA basis to purchase the Lock is concluding the Agreement for the provision of services by the User with the Service Provider of the RentingLock Service. One Lock can constitute subject of only one Agreement for the provision of services.The Service Provider transfers the ownership of the Lock to the Subscriber, in relation to which the Subscriber is obliged to make the defined payment for the Service Provider. Termination of the Agreement for the provision of services does not require returning the Lock by the Subscriber.The User can place Orders only through a previously created Account.All Locks available on the Website are original, new (free from faults) and compliant with applicable standards and requirements indicating the compliance of the Lock with legal provisions regarding the introduction of the Lock to the trade within the European Union, the confirmation of which is the CE Certificate placed on the Lock.The Order, mentioned in point 3 of this paragraph, can be placed seven days a week 24 hours a day.In order to effectively place and implement the Order, mentioned in point 3 of this paragraph, the User is requested to complete the registration form and create the Account.Locks, being the subject of the Orders placed on Saturdays and Sundays or public holidays, shall be implemented on the following working day.Orders to be executed can be cancelled by the User being also a consumer pursuant to the provisions of the act dated 23 April 1964 – Civil Code (Journal of Laws from 2014, pos. 121 as amended) until the shipment of the Lock.The completion time of the Order (completing the Order and preparing it for shipment) is 48 hours.The User is informed about the lack of available Locks, therefore they can give consent to extend the completion time of the Order or cancel a part of or the entire Order. If the Locks are not available, the estimated completion time is established individually with the User, however the maximum expectation time can be even 2 months.The Service Provider reserves the right to cancel the Order, if the User despite the summons does not complete deficiencies required for effective implementation of the Order within 7 days.DELIVERY OF THE LOCKThe ordered Lock is delivered to the address of the Subscriber provided when the Order was placed, through the UPS courier company. In one package maximally 5 Locks can be sent.Costs of delivery are carried by the Subscriber.The Service Provider is obliged to carry the costs of delivery in Poland if the Subscriber orders more than five Locks.Delivery costs are incurred in accordance with current pricelists and they depend on the weight and dimensions of the shipment. The Subscriber is informed about the costs of delivery when they place the Order. In the case of shipping abroad, the delivery costs are established individually on the basis of the estimated weight of the package and the country of destination.The expectation time for delivery is usually 5 to 7 working days. If more than 10 Locks are ordered, the expectation time can change.The Subscriber is obliged to receive the shipped Lock.COMPLAINTThe Service Provider recommends the Subscriber to check the shipment in the presence of the UPS courier. Failure to check the shipment does not withhold potential complaint, however if such verification is conducted, the complaint procedure will be much more efficient.The Subscriber, who is not a consumer pursuant to the provisions of the act dated 23 April 1964 – Civil Code (Journal of Laws from 2014, pos.121 as amended), is obliged to check the content of the shipment in the presence of the courier. If there are any faults or damages, a damage protocol should be prepared which will constitute the basis to consider the complaint.If the Lock has a defect, the Subscriber is obliged to inform the Service Provider about it.The complaint should include the name and surname of the Subscriber, e-mail address, a description of the claims (a description of the defect of the Lock), the date of their occurrence and the request of the Subscriber.The proof of purchase or its copy should be attached to the Lock being subject of the complaint.The Subscriber is obliged to send the Lock back at their own costs. If the complaint is positively considered, the costs will be returned.The complaint should be sent to the following address:RentingLock.com sp. z o. o.Fabryczna 16h street53-609 Wrocławor via e-mail sent to the following address:support@rentinglock.com.If the information or data provided in the complaint requires completion, before considering the complaint the Service Provider will ask the Subscriber to complete the data within a defined deadline.The Service Provider is obliged to assume an attitude to the complaint submitted by the Subscriber within 14 days. The lack of response of the Service Provider after the time defined in the previous sentence results in recognizing the complaint as justified.The Service Provider is liable due to warranty claims if the defect is recognized within a 2-year period from the date of delivering the Lock to the Subscriber.Insignificant differences in the look resulting from individual settings of the Subscriber’s computer – especially the monitor – cannot constitute the basis for a complaint of the purchased Lock.Provisions of § 5. III do not apply to the Subscribers who are not consumers pursuant to the act dated 23 April 1964 – Civil Code (Journal of Laws from 2014, pos. 121 as amended).GUARANTEELocks offered on the Website are covered by a guarantee given by the Service Provider or the Producer.If after the termination of the Agreement for the provision of services, the Subscriber decides to extend it, the Service Provider gives an additional one-year guarantee for the previously purchased Lock. In the situation mentioned in the previous sentence, any potential irregularity in the operation of the Lock shall result in replacing the Lock with a new one.Details of the guarantee procedure can be found in the guarantee card attached to the Lock.The guarantee does not exclude, limit or increase the rights of the Subscriber due to the Service Provider’s liability for physical and legal defects of the Lock in regards to the act dated 23 April 1964 – Civil Code (Journal of Laws from 2014, pos. 121 as amended).

§ 6. LIABILITY

The Service Provider is not liable for potential damages caused by inaccurate, outdated or incomplete data provided by the Subscriber and failure to follow the conditions of these Regulations by the Subscriber. The above provision does not apply to Consumers pursuant to the Civil Code (Journal of Laws from 2014, pos. 121 as amended).The Service Provider is not liable towards the Subscriber, especially in the case when:The Subscriber purchased the Lock which, despite detailed recommendations included in the Instructions for installation and operation and the device specification, was not suitable for their doors,The Lock was installed incorrectly, i.e. not in accordance with the Instructions for installation and operation,The doors in which the Lock was installed are damaged, and their defect makes it impossible or difficult to provide the Service,The Subscriber conducted repairs or interfered in the mechanism of the Lock on their own,The Lock was used by unauthorized third parties,The Subscriber does not conduct recommended maintenance works of the Lock in accordance with the guidelines of the Service Provider,The Subscriber uses the Lock in a way not compliant with its purpose,There has been an interruption in the functioning of servers caused especially by their technical condition or maintenance works, and therefore the Service has been temporarily suspended.The Instructions mentioned in this paragraph are attached to each Lock when the Agreement for the provision of services is concluded.Liability mentioned in this paragraph involves both the actual damage (damnum emergens), as well as the loss of earnings (lucrum cessans) as a consequence of failure to apply to – among others – the Regulations of the Website, the Regulations of the RentingLock Service, the Instructions for installation and operation of the Lock, as well as other documents delivered to the Subscriber by the Service Provider in relation to the conclusion of the Agreement for the provision of services.Regarding the above, the Service Provider is released from liability for damages (damnum emergens) resulting from:force majeure,wilful misconduct of the Subscriber,actions of a third party for which the Service Provider is not liable, especially the User of the Lock and persons accompanying them,

– and additionally, the Service Provider is not liable for the loss of earnings (lucrum cessans).

§ 7. FEES DUE UPON THE TERMINATION OF THE AGREEMENT FOR THE PROVISION OF SERVICES

In the case of a unilateral termination of the Agreement for the provision of services by the Subscriber or by the Service Provider at the Subscriber’s fault before the termination of the Agreement, the Subscriber is obliged to pay the fee constituting the difference between the real value of the Lock (the price of the Lock without any discount) and the actual amount the Subscriber paid when they made the purchase regarding the conclusion of the Agreement for the provision of services to the Service Provider.Before the conclusion of the Agreement for the provision of services the Subscriber is informed about the value of the Lock purchased without any discount, which was also defined in the Pricelist available on the website rentinglock.com.The fee mentioned in point 1 of this paragraph does not apply if the Subscriber terminates the Agreement for the provision of services before making the payment, and therefore before the beginning of the provision of services by the Service Provider, and if the conclusion of the Agreement did not involve purchase of the Lock.The fee mentioned in point 1 of this paragraph is payable on the basis of the summons for payment delivered to the Subscriber. The summons shall be delivered to the Subscriber via separate correspondence.

§ 8. WITHDRAWAL FROM THE AGREEMENT

The Subscriber, who is a consumer pursuant to art. 221 of the Civil Code (Journal of Laws from 2014, pos. 121 as amended), is entitled to withdraw from the agreement concluded remotely without providing a reason within 14 days from the date of receiving the Lock.The above right does not apply to the Subscriber in the following situations:providing services if the Service Provider provided the service completely having explicit consent of the Subscriber who was informed before the provision of services that after the completion of the provision by the Service Provider they will lose their right to withdraw from the agreement,agreements regarding services for which the price or remuneration depends on financial market fluctuations which are beyond the control of the Service Provider and which can occur before the date to withdraw from the agreement,agreements, the subject of which is a non-prefabricated product, manufactured in accordance with the Subscriber’s specification or used to fulfil their individual needs,agreements, the subject of which is a product prone to rapid decay or having a short shelf life,agreements, the subject of which is a product delivered in a sealed package, which cannot be returned if the package was opened due to health protection or hygiene, if the package was opened by the Subscriber upon receipt,special agreements, the subject of which are products which after their delivery due to their nature are inseparably connected with other products,agreements, the subject of which are alcoholic beverages, for which the price was established upon the conclusion of the Agreement for the provision of services and their delivery can take place only after 30 days, and their value depends on market fluctuations which are beyond the Service Provider’s control,agreements, within which the Subscriber clearly demanded the Service Provider to come to their facilities in order to conduct urgent repairs or maintenance. If the Service Provider additionally provides other services than those, the provision of which was demanded by the Subscriber, or delivers products other than replacement parts necessary to conduct the repairs or maintenance – the Subscriber has the right to withdraw from the agreement regarding the additional services or products,agreements, the subject of which are sound or visual recordings, or computer programs delivered in a sealed package, if the package was opened by the Subscriber upon receipt,delivering journals, periodicals or magazines, with the exception of the subscription agreementagreements concluded via public auctions,agreements for the provision of services regarding accommodation, other than for residential purposes, transport of goods, vehicle rental, catering, services related to recreation, entertainment, sports or cultural events, if in the concluded agreement the date or period of the service provision was defined,agreements for the provision of digital content, not saved on a physical storage device, if the provision of the service was commenced upon clear consent of the Subscriber before the deadline to withdraw from the agreement and after informing the Subscriber about their loss of rights to withdraw from the agreement by the Service Provider.The right mentioned in point 1 of this paragraph does not apply to the conclusion of the Agreement for the provision of services, and therefore situations when the provision of services has been commenced upon clear consent of the Subscriber before the deadline to withdraw from the agreement and after informing the Subscriber about their loss of rights to withdraw from the agreement by the Service Provider.The disposition included in point 3 of this paragraph results from the particular nature of services provided by the Website, i.e. delivery of digital content, not saved on a physical storage device, and provision of services, if the Service Provider provided the service completely upon clear consent of the Subscriber.The provisions of this paragraph do not apply to the Subscribers who are not consumers pursuant to art. 221 of the Civil Code (Journal of Laws from 2014, pos. 121 as amended), i.e. persons performing legal actions directly related to economic or professional business conducted by them. In the above mentioned cases the right to withdraw from the Agreement for the provision of services is absolutely excluded.

§ 9. FINAL PROVISIONS

The Service Provider reserves the right to introduce limitations in the use of the Website caused by its technical maintenance, maintenance works or works the purpose of which is to improve its functionality. Simultaneously, the Service Provider is obliged to make every effort to ensure that the above mentioned interruptions occur during night hours and were as short as possible.The Service Provider reserves the right to change the Regulations. The changes come into effect on the date clearly indicated by the Service Provider, no earlier than 7 days after their announcement. The Orders placed before the changes coming into effect, mentioned in the previous sentence, shall be implemented in accordance with the rules applicable on the date of their placement.All conflicts between the Parties shall be settled amicably. However if it is not possible to settle a conflict amicably, the Court appropriate for the registered office of the Service Provider is the court competent to hear the dispute.The above provision does not apply to consumers pursuant to the provisions of the Civil Code (Journal of Laws from 2014, pos. 121 as amended) – where all conflicts between the Parties are settled amicably or in the presence of an independent and objective mediator. However if it is not possible to settle a conflict amicably through mediation, the competence of the Court shall be determined in accordance with commonly applicable rules in the Republic of Poland.In cases not regulated by these Regulations the appropriate provisions of the Polish law shall apply, especially provisions of the act dated 23 April 1964 – Civil Code (Journal of Laws from 2014, pos. 121 as amended) and the act dated 30 May 2014 regarding consumer rights (Journal of Laws 2014, pos. 827) and other appropriate provisions.These Regulations shall be applicable as of 1st May 2015.