TERMS AND CONDITIONS

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1. General provisions.

1.1. The subject of these Terms and Conditions is to define the rules and conditions for the provision by FIXIT of services to Users through the Website, including in particular:

1.1.1. the scope of services provided electronically,

1.1.2. the conditions for the provision of services electronically,

1.1.3. the conditions for concluding and terminating agreements for the provision of services electronically,

1.1.4. the conditions for concluding and terminating account maintenance agreements,

1.1.5. the complaint handling procedure.

1.2. Each User is obliged to read these Terms and Conditions, the GTCS and the Service Procedures. Acceptance of the provisions of the Terms and Conditions is voluntary, but necessary in order to use the Website.

1.3. The terms indicated below shall have the following meanings in these Terms and Conditions:

1.3.1. FIXIT – FIXIT joint-stock company with its registered office in Krakow, ul. Nad Serafa 56A, 30-864 Krakow, entered in the National Court Register by the District Court for Krakow-Srodmiescie in Krakow, 11th Commercial Division of the National Court Register under KRS number: 0000302206, NIP: 6762236862, REGON: 356704082, with share capital of PLN 532,076.00 (paid in full), email address: biuro@fixit.pl, telephone number: +48 13 492 61 05.

1.3.3. Manufacturer – the manufacturer of Devices specified in the Service Procedures (“Manufacturer”), which has concluded an agreement with FIXIT for FIXIT to provide support to that manufacturer in handling warranty and post-warranty service of Devices.

1.3.4. Devices – devices and accessories of the Manufacturer specified in the Service Procedures (“Types of serviced devices”), covered by service services provided by FIXIT under the agreement concluded by FIXIT with the Manufacturer.

1.3.5. User – a natural person with full legal capacity, a legal person or an organisational unit to which legal capacity is granted by law, using services provided by FIXIT.

1.3.6. Entrepreneur – a User who is a natural person, legal person or organisational unit referred to in Article 33(1) of the Polish Civil Code, conducting business or professional activity in their own name and using FIXIT services in connection with such business or professional activity.

1.3.7. Consumer – a User who is a consumer within the meaning of Article 22(1) of the Polish Civil Code.

1.3.8. Entrepreneur with Consumer Rights – a User who is a natural person concluding an agreement with FIXIT directly related to their business activity, where the content of that agreement indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity made available under the provisions on the Central Register and Information on Business Activity.

1.3.9. Account – a set of resources and permissions assigned to a given User within the Website, enabling the use of additional functionalities and services offered by FIXIT on the Website, including in particular submitting Requests, tracking the status of Request processing and storing the history of Requests.

1.3.10. Cart – a Website functionality enabling the Client to display the Devices selected for a Request and to enter and modify the details of the Request.

1.3.11. Warranty Repair – service services under the Manufacturer’s warranty for the Device, enabling damaged Devices to be restored to their usable condition by repair performed by FIXIT.

1.3.12. Post-Warranty Repair – service services outside the scope of the Manufacturer’s warranty for the Device, enabling damaged Devices to be restored to their usable condition by repair performed by FIXIT.

1.3.13. Form – a document template with fields to be completed, made available by FIXIT on the Website, prepared for the purpose of handing over the Device by the User for Expert Assessment and, if the offer presented by FIXIT to conclude a Repair Agreement is accepted, also for the purpose of performing a Warranty Repair or Post-Warranty Repair of the Device by FIXIT.

1.3.14. Request – the commissioning by the User of a Device Expert Assessment from FIXIT and, if the offer presented by FIXIT to conclude a Repair Agreement is accepted, also for the purpose of a Warranty Repair or Post-Warranty Repair of the Device.

1.3.15. Supplier – an entity with which FIXIT has concluded an agreement for the provision to FIXIT of forwarding services or postal courier services consisting in accepting, sorting, transporting and delivering courier shipments.

1.3.16. Online Payment Provider – an entity handling online payments in connection with service services provided by FIXIT to Clients: Stripe Payments Company (https://stripe.com/en-pl).

1.3.17. Expert Assessment – verification of the condition of the Device by FIXIT, ending with the preparation of a report containing a description of detected defects or damage to the Device and any possible causes thereof that can be established. The repair cost estimate for the Device forms an integral part of the Expert Assessment.

1.3.18. Expert Assessment Agreement – an agreement under which the User commissions FIXIT to verify the Device for damage or defects and to perform the Expert Assessment of the Device.

1.3.19. Repair Agreement – an agreement under which the User commissions FIXIT to perform a Warranty Repair or Post-Warranty Repair of the Device for which FIXIT has prepared an Expert Assessment.

1.3.20. Handling Fee – a fee charged to the User submitting a Request for the performance of the Expert Assessment of a given Device and for covering the costs of its transport (if the User selected in the Form a method of delivering the Device to or from the FIXIT service centre through the Supplier), in the event that the User does not accept the offer presented by FIXIT to conclude a Repair Agreement for that Device, in the amount specified for the given brand and product group in the Service Procedures made available to the User before submitting the Request.

1.3.21. Area – the area of FIXIT’s activity within which it performs Expert Assessments, Warranty Repairs or Post-Warranty Repairs of Devices under the relevant Expert Assessment Agreement or Repair Agreement. The Area should be checked by the Client before submitting a Request and is available on the Website at: https://fixit-service.com/o-nas/.

1.3.22. Customer Service Centre – the customer service centre operated by FIXIT, available at https://rma.fixit-service.com/contact.

1.3.23. Polish Civil Code – the Act of 23 April 1964, the Polish Civil Code.

1.3.24. Consumer Rights Act – the Act of 30 May 2014 on consumer rights.

1.3.25. GTCS – the general terms and conditions for the provision of repair services by FIXIT, available at: https://rma.fixit-service.com/rma/document/

1.3.26. Service Procedures – detailed terms and conditions for the provision of repair services by FIXIT, available at: https://rma.fixit-service.com/rma/document/

1.3.27. Privacy Policy – the privacy policy together with the cookie policy applicable on the Website and available for review at: https://rma.fixit-service.com/rma/document/

1.3.28. Terms and Conditions – these Terms and Conditions together with the appendices.

2. Rules for using the Website.

2.1. FIXIT provides the following services through the Website:

2.1.1. information services,

2.1.2. communication services,

2.1.3. Account maintenance services,

2.1.4. services involving the organisation of Expert Assessment and Warranty Repair services,

2.1.5. services involving the organisation of Expert Assessment and Post-Warranty Repair services.

2.2. To use the Website, the following are required:

2.2.1. an end device with access to the Internet (e.g. computer, laptop, tablet or smartphone) equipped with an up-to-date version of a web browser supporting HTML5, CSS3 and JavaScript standards,

2.2.2. an active Internet connection,

2.2.3. enabled support for cookies and other technologies enabling the proper provision of services electronically,

2.2.4. an active email account, if required to use specific Website functionalities.

2.3. Use of the Website is free of charge, however the User bears the fees related to access to the Internet in accordance with the tariffs of their telecommunications operator.

2.4. In fulfilment of the obligation set out in Article 6 point 1 of the Act of 18 July 2002 on the provision of electronic services, FIXIT informs that the use of the services indicated in section 2.1 above involves the transmission of data via the public Internet, and is therefore subject to risks characteristic of the Internet. When using the Website, it is recommended to have up-to-date antivirus software and firewall software.

2.5. The User is obliged to use the Website in accordance with the law, principles of social coexistence and the provisions of these Terms and Conditions. In particular, it is prohibited for the User to enter any unlawful or offensive content or to take actions that may cause disruption or damage to the Website.

2.6. FIXIT is not responsible for problems in the functioning of the Website resulting from causes not attributable to FIXIT, in particular telecommunications operators.

2.7. Closing the browser by the User may result in the deletion of data submitted to the website. All settings affecting session retention or cancellation are located in the User’s browser.

2.8. FIXIT is entitled to make changes and modifications to the Website and its functionalities, with the aim of improving its functioning.

2.9. Content published on the Website, including in particular descriptions, photographs or videos concerning FIXIT and the services provided by it, regardless of their form, in particular text and graphic materials, is protected by intellectual property rights, including copyright and industrial property rights, held by FIXIT or third parties. Any use of such content without the written consent of the entitled parties is prohibited. Any aggregation and processing of data and other information available on the Website for the purpose of further making it available to third parties within other websites or outside the Internet is prohibited. It is also prohibited to use FIXIT designations, including the FIXIT logo, without FIXIT’s consent.

2.10. While using the Website, for the purpose of performing services provided through it, data of Users submitting Requests may be transferred to recipients such as banks and payment institutions (e.g. online payment providers) and carriers (including courier companies or logistics operators) cooperating with FIXIT in handling payments and transport of Devices, as well as to entities authorised under legal provisions, on the terms specified in the regulations applied by FIXIT and in the Privacy Policy.

2.11. The User declares that, in the event of any redirection by the Website to third-party websites, including in particular the website of the Online Payment Provider, the User undertakes each time to read and accept the terms and conditions or other formal and legal documentation of such entity. FIXIT shall exercise due diligence to inform the User that they are being redirected by the Website to a third-party website.

2.12. The User declares that the data indicated by them through the Website is up to date and true.

2.13. FIXIT has the right to cease providing services electronically to the User with immediate effect if it becomes aware that the User has provided false information or undertaken other actions constituting a breach or attempted circumvention of security procedures, and also if the User violates the law or the Terms and Conditions while using the Website.

2.14. If the User sends or makes content available to FIXIT through the Website, the User thereby grants the right to use and display such content for the purpose of providing the services.

2.15. FIXIT has the right to remove any content sent or made available by the User if required by law or if FIXIT considers it offensive, inappropriate, unlawful, infringing the rights of others or otherwise objectionable.

3. Information services.

3.1. Information services consist in making information placed within the Website available at the individual request of the User by displaying a page with a specific URL address.

3.2. Information services include in particular:

3.2.1. making available to Users information about FIXIT and the profile of its activity, including services provided by FIXIT, information on the processing of personal data and contact details, through the Website, in particular in dedicated information sections;

3.2.2. making available to Users the Form enabling the commissioning of an Expert Assessment and subsequently a Warranty Repair or Post-Warranty Repair of the Device. The above service can be used through the “Submit a repair” tab,

3.2.3. making available to Users information on the status of the Request. The above service can be used through the “Check repair status” tab,

3.2.4. services under which Users are given the possibility to create and maintain an Account. The possibility to use the above service is provided through the Website, including its subpages dedicated to individual brands or services indicated in section 1.3.2 of the Terms and Conditions (e.g. https://rma.fixit-service.com, https://logitech.fixit-service.com),

3.3. The rules for the provision of repair services by FIXIT are specified in:

3.3.1. the Manufacturer’s Warranty, in the case of Warranty Repairs,

3.3.2. the GTCS,

3.3.3. the Service Procedures,

3.3.4. the Privacy Policy.

3.4. By starting to use the Website, the User gains access to the content placed on it.

3.5. Browsing and reading the content of the Website does not require registration or entering data and is free of charge.

3.6. FIXIT applies technical measures aimed at detecting and correcting errors in data entered by Users by displaying a summary of the entered data, which gives the User the opportunity to check the data and make any corrections by ensuring the possibility to edit fields before approving them.

4. Communication services.

4.1. Communication services consist in enabling Users, at their individual request, to communicate with FIXIT in matters related to the business activity conducted by FIXIT.

5. Account maintenance services.

5.1. Registration on the Website (creation of an Account) is intended exclusively for natural persons with full legal capacity, as well as legal persons or organisational units that are not legal persons but are granted legal capacity by law.

5.2. Registration on the Website enables the User to:

5.2.1. enter, edit or delete data, including delivery addresses,

5.2.2. send Requests using data entered by the User,

5.2.3. view the history of Requests,

5.2.4. track the status of Requests,

5.2.5. use other functionalities made available to registered Users.

5.3. In order to register on the Website, i.e. to create an Account, the following steps must be taken:

5.3.1. completing the registration form on the Website by obligatorily indicating the following data:

5.3.1.1. login data, i.e. login, password and password confirmation,

5.3.1.2. User data, depending on the selected customer type:

5.3.1.2.1. User: first name, surname, mobile phone number, email address, email address repeated, country (drop-down list), language (drop-down list),

5.3.1.2.2. Seller: company, mobile phone number, email address, email address repeated, country (drop-down list), language (drop-down list),

5.3.2. reading and accepting the provisions of these Terms and Conditions and the Privacy Policy,

5.3.3. consenting to the processing by FIXIT, as the controller, of the User’s personal data provided in the registration form for the purpose of creating and maintaining the Account on the Website,

5.3.4. rewriting the code from the image in order to confirm that the User is not a bot.

5.4. By entering any data in the registration form or changing it in the Account settings, the User declares that they are authorised to use such data.

5.5. After the User completes and submits the registration form, FIXIT sends confirmation of registration and a link to activate the Account to the email address provided by the User. When the User clicks the link referred to in the preceding sentence, the registration process is completed and the agreement for the provision by FIXIT to the User of the electronic Account maintenance service is concluded on the terms set out in these Terms and Conditions and the Privacy Policy.

5.6. Registration on the Website and use of Account functionalities are free of charge.

5.7. After registration on the Website, each login takes place using the data provided in the registration form or subsequently changed through the Account settings.

5.7.1. The User is obliged to keep the login and password to their Account confidential.

5.7.2. The password is confidential information known only to the User.

5.8. All Requests submitted after logging into the Account using the User’s unique login and password are deemed to have been submitted by that User.

5.9. By registering, creating an Account and submitting a Request on the Website, the User:

5.9.1. agrees that information required by the provisions of the Consumer Rights Act concerning distance contracts concluded through the Website, as well as confirmations of conclusion of such contracts, will be provided and delivered to the User by email to the email address assigned to the User’s Account,

5.9.2. agrees to receive proof of purchase concerning agreements concluded through the Website in the form of electronic invoices sent to the email address assigned to the User’s Account, and also accepts receiving correcting invoices, correction notes and duplicate invoices in electronic form in the same manner.

5.10. Requests submitted by a registered User are visible in the User’s Account in the “Request list” tab.

5.11. The Account created as a result of registration is maintained for the User for an indefinite period. The User may resign from maintaining the Account on the Website and request its deletion at any time. No fees are charged for resignation and deletion of the Account.

5.12. Right to terminate the Account maintenance agreement (right to withdraw from the Account maintenance agreement in the case of Users who are Consumers and Entrepreneurs with Consumer Rights). In order to delete an Account from the Website, the Customer Service Centre should be contacted by phone or email on the website https://rma.fixit-service.com/contact. An Account deletion instruction is accepted for processing after confirming whether the person making the request is the holder of that Account. Deletion of the Account takes place immediately and means termination by the User of the agreement with FIXIT for the provision of electronic services, the subject of which is Account maintenance.

5.13. Illegal activities and content moderation by FIXIT.

5.13.1. FIXIT is entitled to block the Account if there is a suspicion that actions threatening the security of other Users of the Website have occurred or may occur through the Account.

5.13.2. In the event of a serious violation of law using the Website, as well as a serious or repeated breach of the provisions of the Terms and Conditions, FIXIT may, while observing the principles of proportionality and respect for freedom of trade, suspend the Account or temporarily or permanently block it, which will be equivalent to a temporary suspension of services for the User, taking into account the following rules:

5.13.2.1. suspension of the Account means temporary suspension of its functionality. A User whose Account has been suspended loses the ability to actively use the Website, which means that the User cannot submit Requests. The User may, however, browse the Website or the history of submitted Requests,

5.13.2.2. blocking the Account means that the User loses the ability to log into the Account.

5.13.3. The User will be informed if the Account is blocked or suspended, no later than when the suspension or blocking becomes effective, by email, indicating that the Account has been suspended or blocked, the reasons for the decision to block or suspend it and the grounds for the decision arising from the content of the Terms and Conditions.

5.13.4. A User who disagrees with a decision to block or suspend the Account has the right to submit a complaint in accordance with section 15 of the Terms and Conditions.

5.13.5. FIXIT makes decisions to block or suspend an Account based on internal policies and procedures.

5.13.6. The process of identifying Users’ activities is not based on automated or partially automated moderation tools.

6. Services involving the organisation of Expert Assessment and Warranty Repair services.

6.1. Services involving the organisation of Expert Assessment and Warranty Repair services for Devices covered by the Manufacturer’s warranty for a given Device consist in enabling the User to commission FIXIT to perform an Expert Assessment of the Device and subsequently to exercise rights under the Manufacturer’s warranty, statutory warranty or non-conformity of the Device with the agreement concerning the Device, within the scope in which FIXIT has obtained authorisation from the Manufacturer.

6.2. Detailed rules concerning the organisation of Expert Assessment and Warranty Repair services for Devices covered by the Manufacturer’s warranty are specified by: the Manufacturer’s warranty, the GTCS (section 2) and the Service Procedures, as well as sections 8-11 of these Terms and Conditions.

7. Services involving the organisation of Expert Assessment and Post-Warranty Repair services.

7.1. Services involving the organisation of Expert Assessment and Post-Warranty Repair services consist in enabling the User to commission FIXIT to perform an Expert Assessment of the Device and subsequently to use paid services provided by FIXIT consisting in the repair of Devices.

7.2. Detailed rules concerning the organisation of Expert Assessment and Post-Warranty Repair services for Devices outside the Manufacturer’s warranty are specified by: the GTCS (section 3) and the Service Procedures, as well as sections 8-11 of these Terms and Conditions.

8. Submitting a Request through the Website. Moment of conclusion of the Expert Assessment Agreement.

8.1. The User may submit a Request 24 hours a day, every day of the week.

8.2. A Request may cover only Devices specified in the Service Procedures and available for selection from the drop-down list indicated in the Form. FIXIT does not accept equipment other than Devices for expert assessment or repair.

8.3. Requests may be submitted by the User either after creating an Account in accordance with section 5 of the Terms and Conditions, or by providing the necessary personal and address data enabling the Request to be processed without creating an Account.

8.4. In order to submit a Request, the User:

8.4.1. selects the “Submit a repair” button on the Website,

8.4.2. completes the Form, indicating:

8.4.2.1. if the Request is submitted by an unregistered User, the User’s personal data (first name, surname, mobile phone number, email address, country selected from a drop-down list, language selected from a drop-down list),

8.4.2.2. information about the Device, i.e. obligatorily: Manufacturer selected from a drop-down list, category selected from a drop-down list, model selected from a drop-down list, serial number or indication that this number is missing, date of purchase of the Device,

8.4.2.3. reasons for the complaint, i.e. obligatorily: complaint type selected from a drop-down list, type of defect selected from a drop-down list, description of the defect. Optionally: complaint number in the User’s system,

8.4.3. if indicated in the Service Procedures, obligatorily, and otherwise optionally, attaches files to the Form, including proof of purchase, photo of the rating plate, shop complaint form, defect, in the form of files: *.jpeg; *.jpg; *.png; *.pdf; *.heic; *.mp4; *.mov; *.3gp, with a maximum size of one file up to 20 MB,

8.4.4. if the Request is submitted by an unregistered User, reads and accepts the Terms and Conditions and the Privacy Policy,

8.4.5. reads and accepts the GTCS and the Service Procedures,

8.4.6. undertakes to pay the Handling Fee to FIXIT if the User does not accept the offer to conclude a Repair Agreement for the Device with FIXIT,

8.4.7. if the Request is submitted by a User who is a Consumer, consents to the immediate commencement by FIXIT of the Expert Assessment service and, if the FIXIT repair offer is accepted, also the repair service for the reported Device, and acknowledges that after the service has been fully performed by FIXIT, the User will lose the right to withdraw from the Expert Assessment Agreement or, respectively, the Repair Agreement,

8.4.8. consents to the processing by FIXIT of the personal data provided in the Form for the purpose of concluding and performing the Expert Assessment Agreement and the Repair Agreement for the Devices covered by the Request,

8.4.9. adds the Request to the Cart (in the Cart the User may preview the added Requests and edit them),

8.4.10. selects one of the available methods of delivering the Device to the FIXIT service centre and, if the User selects collection of the Device from the User by the Supplier, indicates the address from which the Device is to be collected from the User,

8.4.11. selects one of the available methods of delivering the Device from the FIXIT service centre to the User and, if the User selects delivery of the Device to the User by the Supplier, indicates the address to which the Device is to be delivered to the User, whereas if the User selects collection of the Device at a point, the User selects the preferred collection point,

8.4.12. after verifying the correctness of the data indicated in the summary, selects the “Send” button.

8.5. By selecting the “Send” button, the User submits to FIXIT a binding offer to conclude the Expert Assessment Agreement, while undertaking to pay FIXIT the Handling Fee for the performance by FIXIT of the Expert Assessment and any transport costs of the reported Device, if the User decides not to conclude a Repair Agreement for the Device with FIXIT. The Request sent in this manner is assigned an order number, hereinafter referred to as “RMA”.

8.6. Promptly, i.e. no later than within 7 days of receiving the Request, FIXIT verifies the Request and the offer submitted by the User referred to in section 8.5 above, and either accepts or rejects it, informing the User of its decision by email sent to the User’s email address indicated in the Form.

8.6.1. The period referred to in section 8.6 above may be extended if the User does not include in the Form all information or documents (attachments). In the situation referred to in the preceding sentence, FIXIT shall inform the User of the detected deficiencies and request that they be supplemented within a specified period, under pain of rejection of the offer to conclude the Expert Assessment Agreement.

8.6.2. No response from FIXIT within the period indicated in section 8.6, subject to section 8.6.1 above, is equivalent to rejection of the User’s offer, and consequently the Expert Assessment Agreement for the reported Device is not concluded.

8.6.3. Acceptance by FIXIT of the offer referred to in section 8.6 above means that FIXIT concludes with the User the Expert Assessment Agreement concerning the Device reported through the Form, on the terms set out in these Terms and Conditions, the GTCS and the Service Procedures, of which the User is notified at the email address indicated in the Form.

9. Performance of the Expert Assessment Agreement. Moment of conclusion of the Repair Agreement.

9.1. Promptly, i.e. no later than within 7 days from the date of conclusion of the Expert Assessment Agreement:

9.1.1. if the User selected in the Form the option of collecting the Device through a carrier, FIXIT orders collection of the Device by a cooperating carrier,

9.1.2. if the User selected in the Form the option of independently delivering the Device to the FIXIT service centre, the User sends the Device at their own cost to the address indicated by FIXIT, in particular on the RMA label provided electronically.

9.2. FIXIT has the right to withdraw from the Expert Assessment Agreement if the User does not send the Device within the period specified in section 9.1 above.

9.3. The User is obliged to properly prepare and secure the Device for transport in accordance with the rules indicated in the GTCS. The costs of delivering the Device to the FIXIT service centre (costs of preparation, packaging and securing the Device, and if the User chooses to deliver the Device independently, also the costs of transporting the Device to and from the FIXIT service centre) for the purpose of performing the Expert Assessment or repair are borne by the User.

9.4. Within 14 days from the date of accepting the Device into the FIXIT service centre, of which the User will be informed by email sent to the email address indicated by the User in the Form, FIXIT shall perform the Expert Assessment of the Device and send the User, to the above email address, a report containing a description of detected defects or damage to the Device and any possible causes thereof that can be established, and shall present to the User a repair cost estimate for the Device, which at the same time constitutes an offer to conclude a Repair Agreement for the Device with FIXIT, subject to section 9.4.2 below.

9.4.1. The period referred to in section 9.4 above may be extended by the time necessary to obtain required information, documents or parts, of which the User will be informed at the email address indicated in the Form.

9.4.2. In particularly justified cases, including unavailability of original or replacement parts for the Device for reasons beyond FIXIT’s control, or the nature or extent of the detected damage (e.g. damage caused by dropping, crushing, liquid exposure, overvoltage), which in FIXIT’s assessment means that the repair may be ineffective, FIXIT may refuse to conclude the Repair Agreement, informing the User thereof and providing the reasons for the decision.

9.4.3. Upon providing the User with the report and cost estimate referred to in section 9.4 above or the information referred to in section 9.4.2 above, the Expert Assessment Agreement is performed by FIXIT.

9.5. Within 3 days from the date of receiving by the User at the email address indicated in the Form the offer referred to in section 9.4 above, the User:

9.5.1. consents to FIXIT repairing the Device in accordance with the report and cost estimate provided to the User, referred to in section 9.4 above. Thus, the User accepts FIXIT’s offer and at that moment concludes with FIXIT the Repair Agreement for the reported Device on the terms set out in these Terms and Conditions, the GTCS and the Service Procedures, of which the User is notified at the email address indicated in the Form,

9.5.2. does not respond or does not consent to FIXIT repairing the Device in accordance with the report and cost estimate provided to the User, referred to in section 9.4 above. Thus, the User rejects the offer to conclude the Repair Agreement for the Device with FIXIT, and consequently the Repair Agreement is not concluded.

9.6. In the situation referred to in section 9.5.2 above or in section 9.4.2 above:

9.6.1. the User is obliged to pay FIXIT the Handling Fee,

9.6.2. FIXIT provides the User, at the email address indicated in the Form, with information about charging the User the Handling Fee due to rejection of FIXIT’s offer concerning repair of the reported Device or due to the impossibility of repairing the Device, and provides the User with a link for payment of the Handling Fee through the Online Payment Provider,

9.6.3. promptly after the Handling Fee is recorded on FIXIT’s account, which constitutes performance of the Expert Assessment Agreement by the User, FIXIT sends the Device back to the User in the manner and to the address indicated by the User in the Form.

10. Performance of the Repair Agreement.

10.1. Promptly after conclusion of the Repair Agreement in accordance with section 9.5.1 above, FIXIT:

10.1.1. in the case of a Post-Warranty Repair, sends to the User at the email address indicated in the Form a payment link for the amount due for the Post-Warranty Repair of the reported Device in accordance with the repair cost estimate accepted by the User, referred to in section 9.4 above, through the Online Payment Provider, and after receiving the above payment, provides the User by email with confirmation of receipt of payment in the form of a receipt or VAT invoice and proceeds with repair of the Device,

10.1.2. in the case of a Warranty Repair, proceeds with repair of the Device.

10.2. Performance of the Repair Agreement for the Device by FIXIT remains suspended until FIXIT receives the payment referred to in section 10.1.1 above. FIXIT has the right to withdraw from the Repair Agreement if the User does not pay the price in accordance with section 10.1.1 above within 24 hours of receiving the payment link referred to in section 10.1.1 above. If FIXIT exercises the right to withdraw from the Repair Agreement, section 9.6 above applies accordingly.

10.3. FIXIT performs the Warranty Repair or Post-Warranty Repair within 14 days respectively from: receipt of the payment referred to in section 10.1.1 above (Post-Warranty Repair) or from the date of conclusion of the Repair Agreement in accordance with section 9.5.1 above (Warranty Repair).

10.3.1. The rules specified in the GTCS and the Service Procedures apply accordingly in this case.

10.3.2. The period referred to in section 10.3 above may be unilaterally extended by FIXIT, of which the User will be informed at the email address indicated in the Form, in the following situations:

10.3.2.1. for reasons not attributable to FIXIT, in particular in the event of unavailability of parts necessary to carry out the repair, for the time necessary to obtain the parts required to repair the Device,

10.3.2.2. in the event of force majeure circumstances, including in particular such circumstances as a natural disaster, social unrest, war, epidemic, strike, riots, states of emergency, as well as similar circumstances, for the duration of such force majeure circumstances.

10.3.3. FIXIT reserves the right to withdraw from the Repair Agreement if the reasons referred to in section 10.3.2 above do not cease within 45 days from conclusion of the Repair Agreement. FIXIT may exercise the right to withdraw from such Repair Agreement within 60 days from conclusion of the Repair Agreement. In such case, FIXIT shall return the Device to the User at its own cost, promptly but no later than within 14 days from the date of FIXIT’s withdrawal from the Repair Agreement.

10.4. After completion of the Device repair, FIXIT promptly sends the User, to the email address indicated by the User in the Form, a service report summarising the details of the completed Device repair, and sends the repaired Device back to the User in the manner and to the address indicated by the User in the Request Form, providing the User with information enabling the User to track the shipment. At that moment, the Repair Agreement is fully performed by FIXIT.

11. Collection of the Device by the User.

11.1. At the moment of receiving the shipment with the Device, the User is obliged to inspect the shipment within the time and in the manner customary for shipments of this type. If the User finds that the item has been lost or damaged during transport, the User is obliged to take all actions necessary to establish the carrier’s liability.

11.2. In the case of a Post-Warranty Repair performed by FIXIT, parts removed from the Device which were damaged or faulty will be returned to the User only at the User’s request submitted at the moment of conclusion of the Repair Agreement or immediately thereafter. If no such request is made, removed parts constituting waste will be managed in accordance with environmental protection and waste management regulations.

11.3. If the User fails to collect the shipment with the Device and the Device returns to FIXIT, FIXIT shall charge the User a storage fee for the Device in the amount of PLN 100 for each commenced month. Failure by the User to collect the Device after completion of service handling does not affect the existence of the User’s obligations towards FIXIT arising from the service handling performed, including Post-Warranty Repair or Expert Assessment. FIXIT is also entitled, in particular, to charge statutory interest for delay until the payment due date.

12. Warranty.

12.1. Spare parts used to repair Devices, understood as parts (in particular components and subassemblies permanently connected with the Device) and accessories (e.g. cables, chargers, headphones, batteries), come from manufacturers or authorised suppliers and are used by FIXIT to perform the Repair Service.

12.2. In connection with a Post-Warranty Repair, FIXIT grants a warranty for the Spare Parts used on the following terms:

12.2.1. the warranty covers defects in Spare Parts revealed during the warranty period,

12.2.2. FIXIT grants a 6-month warranty for Spare Parts used in a paid Post-Warranty Repair, calculated from the date of delivery to the User of the repaired Device in which the Spare Parts were used,

12.2.3. the warranty does not cover damage caused by reasons other than those inherent in the Spare Parts, in particular mechanical damage, damage caused by liquids, overvoltage, other external factors, natural operational wear and tear, as well as unauthorised interference with the Device, Spare Parts or Device software,

12.2.4. in order to exercise warranty rights, the User is obliged to provide the Device in which the Spare Parts were used, provided that in the case of a complaint concerning only an accessory, only that accessory should be provided to FIXIT,

12.2.5. if the complaint is accepted, FIXIT shall, at its own discretion, repair or replace the defective Spare Part within a reasonable time from receiving the report, taking into account the nature of the defect, availability of parts and organisation of service work, and without excessive inconvenience to the User,

12.2.6. the User may request repair or replacement of the Spare Part, however FIXIT may replace the part when the User requests repair, or repair the part when the User requests replacement, if fulfilment of the User’s request is impossible or would require excessive costs for FIXIT,

12.2.7. the provisions of these Terms and Conditions concerning Warranty Repair apply accordingly to the warranty, insofar as applicable,

12.2.8. return of the Device by FIXIT is carried out through a carrier at FIXIT’s cost,

12.2.9. the method of collecting the Device should be reported by the User by telephone or electronically (email) no later than at the time of submitting the complaint,

12.2.10. the warranty does not exclude, limit or suspend the User’s rights arising from legal provisions, in particular those concerning non-conformity of goods with the agreement.

13. Personal data protection.

13.1. The controller of Users’ personal data is FIXIT joint-stock company with its registered office in Krakow, ul. Nad Serafa 56A, 30-864 Krakow, entered in the National Court Register by the District Court for Krakow-Srodmiescie in Krakow, 11th Commercial Division of the National Court Register under KRS number: 0000302206, NIP: 6762236862, REGON: 356704082, as the owner and administrator of the Website providing services electronically.

13.2. The personal data controller ensures the exercise of rights arising from Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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 (referred to as “GDPR” or “General Data Protection Regulation”).

13.3. Providing data by the User is voluntary, but necessary to conclude and perform the agreement for the provision of an electronic service, including in particular the agreement for the provision of the Account maintenance service, the Expert Assessment Agreement or the Repair Agreement. Without the ability to process personal data, the controller is unable to perform the agreement, handle the Request and meet legal requirements.

13.4. More information on personal data protection by the controller is available in the Privacy Policy document.

14. Right to withdraw from the Expert Assessment Agreement or the Repair Agreement.

14.1. A User who is a Consumer and who has concluded the Expert Assessment Agreement or Repair Agreement remotely (outside FIXIT premises) may withdraw from it within 14 days without giving any reason and without incurring costs, except for the costs specified in section 14.7 below, subject to section 14.6 below. To meet the deadline, it is sufficient to send the statement before the deadline expires.

14.2. The period for withdrawing from a distance contract begins:

14.2.1. in the case of the Expert Assessment Agreement: from the date of conclusion of the Expert Assessment Agreement,

14.2.2. in the case of the Repair Agreement:

14.2.2.1. from the date of conclusion of the Repair Agreement, if no Spare Parts are to be replaced during the repair,

14.2.2.2. from the moment the Device with the Spare Part replaced by FIXIT is taken into possession by the User who is a Consumer or by a third party indicated by that User other than the carrier, if Spare Parts are to be replaced during the repair.

14.3. To exercise the right to withdraw from the agreement, the User who is a Consumer should submit a statement of withdrawal from the agreement, indicating the RMA number assigned to the Request and the date of conclusion of the Expert Assessment Agreement or the Repair Agreement.

14.3.1. In order to exercise the right to withdraw from the agreement, the User who is a Consumer may use the statement of withdrawal form attached as Appendix 1 to these Terms and Conditions.

14.3.2. The method of withdrawal from the agreement recommended by FIXIT is to send the completed form by email to the FIXIT email address indicated in section 1.3.22 of these Terms and Conditions.

14.4. FIXIT is obliged to promptly send the User who is a Consumer, on a durable medium, confirmation of receipt of the statement of withdrawal from the Expert Assessment Agreement or the Repair Agreement.

14.5. FIXIT is obliged to promptly, no later than within 14 days from the date of receiving the statement of the User who is a Consumer on withdrawal from the agreement, return to that User all payments made by that User in connection with the agreement from which the User withdraws, as well as the transferred Devices, subject to sections 14.6-14.7 below. FIXIT returns the payments and the Device using the same method as used by the User who is a Consumer, unless that User has expressly agreed to another method of return.

14.6. The right to withdraw from the Repair Agreement or the Expert Assessment Agreement does not apply to agreements referred to in Article 38 of the Consumer Rights Act, including in particular where FIXIT has fully performed the service with the express and prior consent of the User who is a Consumer, who was informed before performance began that after FIXIT has performed the service, the User would lose the right to withdraw from the agreement, and acknowledged this.

14.7. FIXIT informs that the User who is a Consumer bears the direct costs of transporting the Device (e.g. packaging and securing costs and, if applicable, shipping costs), unless FIXIT has agreed to bear them. In addition, if the Consumer exercises the right to withdraw from the agreement after submitting a request in accordance with Article 21(2) of the Consumer Rights Act (i.e. after the User who is a Consumer has made a statement containing an express request to begin performance of the service before the expiry of the withdrawal period and a statement that the User acknowledged the information about losing the right to withdraw from the agreement upon full performance by FIXIT), the User who is a Consumer is obliged to pay for services performed until the moment of withdrawal from the agreement. The amount of payment referred to in the preceding sentence is calculated proportionally to the scope of the service performed, taking into account the agreed price for the Expert Assessment or repair.

14.8. The right to withdraw from the agreement does not exclude the rights of the User who is a Consumer arising from FIXIT’s liability for non-conformity with the agreement and from the warranty of FIXIT or the Manufacturer.

14.9. The provisions of this section apply accordingly to an Entrepreneur with Consumer Rights.

15. Complaints.

15.1. Complaints concerning the operation of the Website or services provided by FIXIT should be submitted electronically by email to the address indicated in section 1.3.22 of the Terms and Conditions or in the Service Procedures (“Contact”).

15.2. A complaint should contain the personal data of the reporting User (at least: first name, surname, email address), if applicable, the designation of the Repair Agreement or Expert Assessment Agreement, as well as the reason for the complaint and the content of the request.

15.3. The complaint will be considered within 14 days from the date of its receipt, and the response will be sent to the person submitting the complaint by email to the email address from which the complaint was sent, to which the User hereby consents. FIXIT reserves that consideration of the complaint may require obtaining additional explanations from the reporting person, and the time for providing such explanations shall each time appropriately extend the period for examining the complaint.

16. Intellectual property rights.

16.1. All rights to the Website and the content contained on it, in particular economic copyrights, intellectual property rights, trademarks, the Internet domain and documents placed there in any form, including text and graphic form, belong exclusively to FIXIT.

16.2. For the duration of using the Website, provided that the User has first accepted the provisions of these Terms and Conditions, FIXIT grants the User a non-exclusive licence to use the Website to the extent necessary to use the Website functionalities, especially for the purpose of submitting a Request. The licence referred to in the preceding sentence is non-transferable.

16.3. The User undertakes:

16.3.1. not to distribute materials or access rights, in whole or in part, without prior written consent of FIXIT under pain of nullity,

16.3.2. not to copy, reproduce, modify or multiply any part of the Website or its elements, including especially the content contained on the Website, without prior written consent of FIXIT under pain of nullity,

16.3.3. not to provide the content contained on the Website to third parties, especially not to sell or otherwise market the source code of the Website, in whole or in part, or other content contained on the Website.

16.4. The User acknowledges that all data available on the Website is protected under the Act of 4 February 1994 on copyright and related rights.

16.5. The User further acknowledges that if FIXIT becomes aware that the User does not comply with the provisions of these Terms and Conditions or violates the law, FIXIT may revoke the licence granted to the User and close that User’s Account. The above does not in any way prejudice FIXIT’s rights to take other appropriate actions provided for by law in connection with the infringement committed by the Client.

17. Out-of-court methods for handling complaints and pursuing claims.

17.1. In the event of a dispute with FIXIT or any doubts as to their rights, the User may use out-of-court methods for handling complaints and pursuing claims.

17.2. Access to out-of-court dispute resolution procedures is provided, for example, by permanent consumer arbitration courts operating within the structures of the Trade Inspection. A User who is a Consumer or Entrepreneur with Consumer Rights may also seek legal assistance from a Municipal or District Consumer Ombudsman, the Office of Competition and Consumer Protection, and other consumer organisations such as the Federation of Consumers, the Association of Polish Consumers and the European Consumer Centre, on the terms applicable in those organisations.

18. Complaint and mediation.

18.1. A complaint is available to a User who is an Entrepreneur in the following cases:

18.1.1. alleged failure by FIXIT to fulfil obligations arising from the Terms and Conditions and Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services,

18.1.2. technological difficulties concerning the functioning of the Website and affecting the User’s ability to use the services offered through it,

18.1.3. measures taken by FIXIT within the Website which affect the User’s situation,

18.1.4. suspension or blocking of the User’s Account.

18.2. A complaint may be submitted electronically to the email address indicated in section 1.3.22 of the Terms and Conditions. In the complaint, the User should, where possible, provide data or information enabling FIXIT to verify the complaint, including an explanation of the reason for submitting the complaint and, at the User’s choice, contact details.

18.3. The provisions of section 5.13 of the Terms and Conditions apply accordingly to the complaint.

18.4. A User who is an Entrepreneur may request mediation in order to resolve disputes arising between the User and FIXIT in connection with services provided by FIXIT. FIXIT is ready to attempt to reach an agreement concerning such disputes through mediators cooperating with the Centre for Effective Dispute Resolution. The list of mediators and the mediation rules are available on the websites of the Centre for Effective Dispute Resolution. Mediation is payable, however FIXIT bears a reasonable part of the total mediation costs in accordance with the provisions of the regulation referred to in section 18.1.1 above.

18.5. A User who is an Entrepreneur remains fully free to propose another mediator with whose assistance the User is ready to undertake mediation.

18.6. The possibility of using mediation is voluntary. FIXIT has the right to refuse to participate in mediation.

19. Changes to the Terms and Conditions.

19.1. FIXIT is entitled to amend the Terms and Conditions, in particular for the following reasons:

19.1.1. the need to adapt the Terms and Conditions to legal provisions that directly affect the Terms and Conditions and require modification of the Terms and Conditions in order to maintain compliance with the law,

19.1.2. the need to adapt the Terms and Conditions to recommendations, orders, judgments, decisions, interpretations, guidelines or decisions of authorised public authorities,

19.1.3. expansion or change of the Website functionalities, including introduction of new services provided electronically or change of existing Website functionalities,

19.1.4. change of technical conditions for providing services electronically,

19.1.5. the need to remove ambiguities, errors or clerical mistakes that may occur in the Terms and Conditions,

19.1.6. change of contact details, names, identification numbers, electronic addresses or links included in the Terms and Conditions,

19.1.7. improvement of the quality of User service.

19.2. FIXIT shall inform about a change in the content of the Terms and Conditions by means of a notice published on the Website.

19.3. Changes to the Terms and Conditions shall apply no earlier than 14 days from the date on which information about such changes is published in the manner indicated in section 19.2 above.

19.4. Changes to the Terms and Conditions shall not affect actions performed in the past by Users through the Website. Requests submitted before the date of entry into force of the new Terms and Conditions shall be governed by the provisions of the Terms and Conditions in their previous wording.

19.5. If the User has objections to changes introduced to the Terms and Conditions, the User may request deletion of their Account on the Website. Continued use of the Website after publication of the new content of the Terms and Conditions on the Website is deemed acceptance of the updated content of the document.

20. Final provisions.

20.1. The Terms and Conditions are available on the Website in the “Terms and Conditions” tab at: https://rma.fixit-service.com/rma/document/

20.2. The Terms and Conditions enter into force on the date they are made available in the place indicated in section 20.1 above.

20.3. The appendices constitute an integral part of these Terms and Conditions.

20.4. In all matters not regulated in these Terms and Conditions, the provisions of the Polish Civil Code, the Consumer Rights Act and other relevant acts shall apply.

20.5. Any doubts arising from interpretation of the Terms and Conditions shall be interpreted in a manner ensuring compliance of these Terms and Conditions with absolutely mandatory provisions of law.

20.6. Any disputes arising from the Terms and Conditions, especially concerning the Expert Assessment Agreement or Repair Agreement, if they cannot be resolved amicably, shall be examined by the competent common court determined according to the registered office of FIXIT, and in the case of disputes with Users who are Consumers, by the competent common court determined according to the provisions of the Act of 17 November 1964, the Code of Civil Procedure (Journal of Laws 1964 No. 43 item 296, as amended).

Appendix 1 Withdrawal form for the Expert Assessment Agreement / Repair Agreement*.

This form should be completed and returned only if you wish to withdraw from the Expert Assessment Agreement or Repair Agreement.

ADDRESS DETAILS
	User	FIXIT
First name and surname		FIXIT S.A.
Street, number		ul. Nad Serafa 56A
Postal code, city		30-864 Krakow
Country		Poland
Telephone number		+48 13 492 61 05
Email		biuro@fixit.pl

I hereby inform you of my withdrawal from the agreement for the performance of an expert assessment of the following device: ……………………………………………………….. (Expert Assessment Agreement)* / the agreement for the performance of repair of the following device: ……………………………………………………….. (Repair Agreement)* concluded on ………………………….. concerning the Request with RMA number: …………………………………………

Bank account number for refund of payment**: …………………………………………………………………………………………..

Holder of the above bank account**: …………………………………………………………………………………………..

………………………………………………………..

Date and signature of the User

* Delete as appropriate.

** Complete if it is different from the bank account from which payment for the service was made.