REGULATIONS OF THE Arcadiabim.ie ONLINE SHOP

General Provisions

1. The Regulations define the conditions of sale using means of distance communication.
2. The seller is Bim Solutions Ireland
3. On the basis of these Regulations, the Seller offers for purchase products available on the website www.arcadiabimsystem.eu to customers having the registered office of business, permanent establishment, permanent residence or habitual residence. Customers who do not comply with these conditions are asked to call 353 87 321 6328 or by sending an email to office@arcadiabim.ie
4. Contact with the Seller can be made by letter to the address of paragraph.2 of the Regulations or by e-mail (e-mail: office@arcadiabim.ie) or by phone at +48 42 6891111.
5. The regulations are available on the www.arcadiasoft.eu website and at the company’s office. The Seller makes available the regulations for copying in order to save its contents in the form of a document (paper version) or by saving to disk or external data carrier.
6. Whenever the Regulations mention “Consumer”, this means the person indicated in Article 221of the Civil Code, that is to say, a natural person performing a legal act with the entrepreneur not directly related tohis business or professional activity.
7. The selling price is the gross price, i.e. the price including value added tax (VAT). The price does not include delivery costs.

Purchases, payments, delivery 

8. The Seller undertakes to transfer ownership of the product to the Buyer and issue it, and the Buyer undertakes to collect the product and pay its price.

9. If the digital content is sold for its functionality, the technical means of protecting and interoperability of that content with computer hardware and software are described in the user manual or license.

10. The seller allows you to familiarize yourself with the product and the personal collection of the product at the company’s office.

11. For some products (software, electronic files), the Buyer may download the product himself via the Internet.

12. At the Buyer’s request, the goods will be delivered to the address indicated by the Buyer. In this case, the Buyer is asked to:

    1. submit data for shipment to the Seller,

    2. indicate the payment method. Payment methods are: cash, transfer, cash on delivery, by sending a Premium SMS, card payment (only on personal collection). The form of payment depends on the type of product purchased. The Buyer is informed about the available form of payment for the product during the placing of the order.

    3. choose the method of deliver. Deliveries are carried out via The Polish Post or courier company.

13. Before completing the transaction, the Buyer will be informed about the total cost of the transaction, i.e. the price and delivery costs.

14. Sales are documented by issuing a VAT invoice, and in the case of Consumers, a fiscal receipt is issued. At the consumer’s request, the Seller will issue a VAT invoice. The seller does not issue invoices for sending a Premium SMS. In this case, the invoice is issued by the mobile operator, or the corresponding amount will be charged from the pre-paid card.

15. The Seller makes every effort to send the ordered product within 3 working days from the date of completion of the transaction by the Buyer (providing data for shipment, payment).

16. Each shipment is carefully packaged and secured, however, please check its condition at the time of delivery, and if any damage to the product is found, please report it to the supplier, who is obliged to write down the relevant report form.

Specific provisions for Consumers and certain natural persons carrying on an economic activity 

17. Consumers have the rights and obligations referred to in generally applicable legislation, including in particular the Civil Code and the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827).
18. The consumer may withdraw from the contract within 14 days without giving any reason.
19. The period for withdrawal from the contract expires 14 days after the date of conclusion of the contract (in the case of a contract for the supply of digital content that is not delivered on a tangible medium) or from the date on which the Consumer took possession of the goods or on which a third party other than the carrier indicated by the Consumer took possession of the goods (in the case of the conclusion of a contract obliging the transfer of ownership of the goods).
20. In order to keep the deadline for withdrawal from the contract, it is sufficient for the Consumer to send information regarding the exercise of his right of withdrawal before the expiry of the withdrawal period.
21. In order to exercise the right of withdrawal, the Consumer must inform the Seller by letter (to the address stated in paragraph.2 of the Regulations) or by e-mail to the e-mail address stated in paragraph.4. of their decision to withdraw from the contract by making an unequivocal statement on the matter.
22. A declaration of withdrawal from the contract may be made on the form which is Annex noi.1 to The Regulations, while the use of the form is not mandatory. (Download statement sample)
23. The Consumer shall not be entitled to withdraw from the contract in respect of contracts:
    1. in which the subject of the service is sound or visual recordings or computer programs delivered in a sealed package, if the packaging was opened after delivery;
    2. for the supply of periodicals or magazines, with the exception of a subscription agreement;
    3. for the supply of digital content that is not recorded on a tangible medium, if the fulfillment of the service began with the express consent of the Consumer before the expiry of the withdrawal period and after the Seller has informed him of the loss of the right of withdrawal.
24. In case of withdrawal from the contract, the contract is considered not concluded, and if the Consumer has made a declaration of withdrawal from the contract before the Seller accepted his offer, the offer ceases to bind.
25. The Seller is obliged to return to the Consumer all payments made by him as soon as possible, including the costs of delivery of the goods, no later than 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the contract. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to another method of return, which does not entail any costs for him.
26. If the Seller has not offered to collect the goods from the Consumer himself, he may withhold the refund of payments received from the Consumer until the goods are received back or the Consumer has provided proof of its return, depending on which event occurs earlier.
27. If the Consumer has chosen a method of delivery other than the cheapest usual method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
28. The Consumer is obliged to return the item to the seller straight away (sending it to the Seller’s address given in paragraph.2 of the Regulations) or to pass it on to a person authorized by the Seller for collection, no later than 14 days from the date on which he withdrew from the contract, unless the Seller has offered to collect the item himself. In order to meet the time limit for returning, it is sufficient to return the goods before its expiry.
29. The Consumer shall bear only the direct costs of returning the goods, unless the Seller has agreed to bear them or has not informed the Consumer of the need to bear these costs.
30. The Consumer is responsible for the reduction in the value of the goods resulting from the use of it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods, unless the Seller has not informed the Consumer about the right of withdrawal.
31. Disputes arising between the Seller and the Consumer will be settled by the relevent Polish courts. The consumer also has the option to use the out-of-court method of dealing with complaints and redress. The rules on access to these procedures are available at the premises or on the websites of entities entitled to deal with disputes out of court. They may include, in particular, consumer rights advocates or provincial inspectorates of trade inspection, a list of which is available on the website of the Office of Competition and Consumer Protection at: uokik.gov.pl. The seller informs that at:  http://ec.europa.eu/consumers/odr/ an online dispute resolution platform is available at EU level (ODR platform).
32. The provisions contained in point 17 to 31 of the Rules of Procedure shall apply to a natural person entering into a contract directly related to his economic activity, where it is apparent from the content of that contract that he does not have for that person a professional character resulting, in particular, from the subject matter of his economic activity made available under the provisions on the Central Register and Information on Economic Activity, with the change that the declaration of withdrawal from the contract may be made by that person on a form being Annex 2 to the Regulations, the use of the form being not compulsory. (Download statement sample)

Quality guarantee 

33. The seller is obliged to deliver items without defects.
34. The seller offers no warranty.
35. Products may be covered by a warranty provided by a manufacturer or distributor other than the Seller. If such a guarantee is given, the Seller will inform the Buyer.
36. In the case of a product for which the manufacturer or distributor has given a guarantee, the Buyer may make a complaint for the product using the rights under the warranty granted – in this case, the Buyer submits a complaint to the guarantor (the company giving the guarantee).

Complaint 

37. Complaints should be submitted by letter to the company’s office address or by e-mail to the e-mail address indicated in section.4 of the Regulations.
38. In the complaint, you must specify the date and type of product purchased, describe the defect and indicate the claim being made.
39. The Seller will respond to the complaint within 14 days.

Personal data 

On the basis of Regulation (EU) Bim Solutions Ireland

40. The administrators of your personal data are:
    1. IBim Solutions Ireland
       and
    2. Bim Solutions Ireland
41. The rights that you are entitled to under the law can be exercised using the ADO’s common contact point: rodo@intersoft.pl or rodo@arcadiasoft.pl
42. Your personal data has been collected from you in connection with ADO’s business activities, including amongst others, in connection with your relationship with ADO such as:
    1. Execution of contracts:
       • ordering and using the product,
       • ordering and using a DEMO disc
       • downloading and using a free version of the software
       • applying for the PARTNER STUDENT package and using it,
       • application for and use of the BIM program for Polish architects.
    2. Using the portals administered by ADO and their functionalities:
       • remembering settings on websites through cookies,
       • registration and use as a user of forums operated by ADO,
       • adding comments on ADO pages
       • making contact with ADO using the contact form
       • registration for trainings and presentations organized by ADO,
       • using chats available on ADO websites.
    3. Marketing of ADO services and products:
       • ordering the Newsletter by you,
       • ordering the OBJECT PER SMS service,
       • consent to marketing activities via the Internet and/or telephone.
43. Depending on the detailed relationship described above, your personal data is processed for the following purposes:
    1. In the case of point 3a) above for the purposes arising from the performance of the contract concluded by you with the ADO or to take steps at your request before the conclusion of such a contract (based on Article 6(1)(b) of GDPR),
    2. In the case of points 3a) and 3b) above for the purposes resulting from the performance of legal obligations incumbtent on ADO (pursuant to Article 6(1)(c) of the GDPR),
    3. In the case of point 3c) for purposes arising from legitimate interests pursued by the ADO, including verification of the terms of license application, ensuring conflict-free cooperation between the various programs, as well as for marketing purposes (pursuant to Article 6(1)(f) of GDPR), and with your express consent pursuant to Article 10 of the Act on the Provision of Electronic Services and Article 172 of the Telecommunications Law, also for marketing carried out via the internet and by telephone.
44. Your personal data will be stored for the following period:
    1. In the scope of point 3a) above – for the duration of the contract, and after its completion for the time needed to demonstrate the correctness of the performance of ADO’s obligations under the contract, including until the expiry of the limitation period for claims related to the contract (including claims under warranty, guarantee , tort),
    2. in the scope of paragraph 3b) above – for the time necessary to perform the statutory obligations of ADO, including until the expiry of the limitation period for public liabilities,
    3. in the scope of point 3c) above – for the duration of ADO’s marketing activities, either until you object to further processing for marketing purposes or withdraw your consent.
45. Your personal data may be transferred to entities processing data on behalf of ADO on the basis of a data processing agreement, with ADO entrusting the processing to the following categories of recipients:
    1. Entities providing infrastructure and IT services,
    2. ADO subcontractors,
    3. other entities obliged to process your data on the basis of legal provisions.
46. Your personal data may be transferred to a third country in connection with the implementation of certain services by ADO, but only in a way that ensures the level of protection of personal data and the rights of the persons they concern, and safeguards such as those applicable in Poland and in the European Economic Area – You can obtain information about the ways of obtaining copies of these security measures or the place where they are made available by contacting ADO.
47. You have the right to access your personal data, the right to request rectification, deletion or limitation of the processing of this data, the right to transfer data.
48. For reasons related to your particular situation, you have the right to object to the processing of your data, but you are entitled to object without giving any reason when the data is used for direct marketing purposes.
49. If your consent is the basis for the processing of your data, you may withdraw your consent at any time, which , however, will not affect the lawfulness of the processing which was carried out on the basis of consent before its withdrawal.
50. You have the right to lodge a complaint with a supervisory authority, which in Poland is the President of the Data Protection Office, if you believe that the processing of your personal data violates the provisions.
51. Providing your personal data is voluntary, but the consequence of not providing it will be the inability of ADO to provide certain services.

Final provisions 

52. Providing product information does not mean that these products are available and that you can complete your order.
53. The Seller reserves the right to change the regulations. The change shall take effect within the period specified by the Seller, not less than 30 days from the moment of its availability at the company’s office and on the arcadiabim.ie website. Orders placed before the entry into force of the amendments to the Regulations are carried out in accordance with the existing provisions of the Regulations.

Annex 

Consumer’s declaration of withdrawal from the contract ( download)
The declaration of withdrawal from the contract intended for certain natural persons conducting business activity (download).

office@arcadiabim.ie

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  +353 87 321 6328