Terms and Conditions

These Terms and Conditions define the rules for making purchases in the apgo online store - goapgo.com and apgo.eu operated by APCOMMERCE.PL ARTUR PIEKARCZYK, Klonów 21, 32-222 Klonów, Tax ID (NIP): 659-149-76-55, REGON: 382637081.
Terms used herein: a. Customer – a natural person (with full legal capacity) or a legal entity who has made or intends to make a purchase in the apgo online store. Customers can be both consumers and business entities. b. Seller – APCOMMERCE.PL ARTUR PIEKARCZYK, Klonów 21, 32-222 Klonów, Poland Tax ID (NIP): 659-149-76-55. c. Store – online store operated by the Seller at the domain apgo.eu. d. Consumer – according to the Civil Code of April 23, 1964, a user who, as a natural person, performs a legal act not directly related to their business or professional activity. Under these Terms and Conditions, a Consumer also includes entrepreneurs operating as sole proprietors who enter into contracts that are not professional in nature concerning their business activity. e. User Account – an account in the Store, assigned to a specific Customer, containing data provided during registration. f. Terms and Conditions – this document with all attachments.
The store offers retail and wholesale protective films and glass for phones, smartphones, tablets, consoles, navigation devices, and other equipment online. These products are available as ready-made items and can also be custom-made to order. Additionally, the store offers smartwatch bands, phone cases, holders for phones, various protective accessories for mobile devices, and similar accessories.
Detailed product information is available ongoapgo.com or apgo.eu and via email from the Seller.
Customers can contact the Seller by postal mail at the address indicated in point 2b, electronically at email: apgo@goapgo.com or shop@apgo.eu, or by phone at +48 606 330 278.

§2 [SERVICE USAGE CONDITIONS]

To place an order via the Store, Customers must meet the following technical requirements: a. have a computer, laptop, or other device with internet access, b. have access to email, c. use an internet browser (latest version recommended), d. use a minimum screen resolution of 1024x768, e. enable cookies in the browser.
The Store provides electronic services: a. User Account registration and maintenance, b. newsletter, c. chat, d. contact form.e. have access to an active bank account, online banking, or a supported online payment method (e.g. credit/debit card, digital wallet) enabling them to complete payment transactions.
Subscribing to the newsletter is entirely voluntary and requires the Customer’s explicit and informed consent. The Customer may unsubscribe at any time by clicking the unsubscribe link included in each newsletter or by contacting the Seller directly. The email address provided for this purpose will only be used to send marketing communications and will not be shared with third parties without the Customer’s consent.
The Store does not charge for the above-mentioned services.
These services are provided indefinitely. Customers may unsubscribe from any service at any time without reason by sending a relevant email message to the Seller. Customers may withdraw without reason from the service agreement within 14 days of placing the order as described above.

§3 [CONTRACT CONCLUSION]

The contract is concluded between the Seller and the Customer.
All prices listed are gross prices (including VAT). Customers can select their preferred currency from a wide range of international currencies available in the store (including but not limited to EUR, PLN, GBP, USD, AUD, CHF, CAD, JPY) and will see prices converted at current exchange rates at checkout.
The Seller makes every effort to ensure that product photos reflect their color, nature, texture, and condition accurately. Product colors may differ slightly from reality due to various screen resolutions, calibrations, brightness, or flash usage. The Store provides product descriptions and colors in addition to photos. For clarification, please contact the Seller in advance.
Orders can be placed using the Store's website via the Order Form (without registration) or through a User Account. The Seller does not accept orders by phone or email.
To place an order, Customers select products by clicking the appropriate button. After selecting the products, they click the “Proceed to checkout” button, which takes them to the checkout stage. At this point, Customers select their preferred payment and delivery method, and are presented with the full costs associated with the order, including the total gross price of the products, delivery fees, and any additional charges.
To complete the order, Customers must confirm by clicking "Order and pay"
Clicking "Order and pay " signifies the Customer's awareness that placing an order involves an obligation to pay. Before confirming the order and clicking the "Order and pay" button, the Customer has the opportunity to review and correct any data entered in the order form, including product selection, contact details, delivery address, and payment method.
The sales contract is concluded once the Customer confirms the order by clicking "Order and pay"
After placing the order, the Seller sends an email confirmation with order details, including product features, delivery date, total price with taxes and delivery fees, and Customer's personal data.
The contract content is stored, secured, and made available by: a. publishing these Terms and Conditions on the Store's website, b. saving the contract content in the Store's IT system.
The Seller reserves the right to refuse order fulfillment if Customer address data is incorrect.
For custom-made or personalized products, Customers purchase through the Store and provide instructions to the Seller via email.
Seller reserves the right to cancel any order if the Customer’s provided data is incomplete, inconsistent, or otherwise fails to meet verification standards. Such circumstances include, but are not limited to, missing contact or delivery information, or evidence suggesting an attempt at fraud. In the event of order cancellation under these conditions, the Seller shall not be liable for any costs or losses incurred by the Customer.
The Customer confirms that all information provided during the order process is accurate and up-to-date. In the event that incorrect or incomplete data results in delivery delays, additional shipping costs, or non-delivery of the products, the Customer shall be solely responsible for any such additional expenses.

§4 [PAYMENT TERMS AND METHODS]

Online payments are processed via Stripe or mElements S.A., depending on the selected payment method by the Customer. Accepted payment methods via Stripe or mElements S.A. include but are not limited to: Blik, Visa, Visa Electron, Mastercard, Maestro, American Express, Google Pay, Apple Pay, Przelewy24, Revolut, Klarna and other payment methods supported by Stripe.
Customers must complete payment within 3 business days from the purchase date.
If a refund is necessary, the Seller returns funds to the original payment instrument used by the Customer.
Exchange rates for currency conversions are determined at the time of order finalization. Any fluctuations in exchange rates after this point shall not constitute grounds for price adjustments or claims for refund. Additionally, Seller reserves the right to implement verification procedures to protect against chargeback fraud and other payment irregularities.
Seller reserves the right to temporarily suspend or delay the processing of an order until the authenticity and validity of the payment transaction are verified. Such verification measures are implemented to protect against chargeback fraud and other payment irregularities and shall not be deemed a breach of the contractual obligations by the Seller.

§5 [DELIVERY METHODS AND COSTS]

Customers cover the delivery costs.
Products are delivered to addresses within or outside the European Union. Delivery charges are shown in the panel and the order confirmation email.
Available delivery methods: a. courier, b. postal shipment.
Order processing time is up to 1 business day from receiving payment confirmation.
A receipt or invoice is issued electronically or, upon request, delivered traditionally with the products. Acceptance of Terms equals consent to electronic receipt and invoice delivery.
Business customers with valid EU VAT numbers may request invoices with 0% VAT according to EU intra-community supply rules. Valid VAT numbers must be provided during the ordering process

§6 [RIGHT OF WITHDRAWAL]

Provisions contained in this paragraph apply exclusively to Customers who are Consumers.

The Consumer has the right to withdraw from the contract with the Seller within 14 days of receiving the shipment or personal collection of the goods, without providing any reason.

The statement of withdrawal can be submitted using the withdrawal form provided at the end of these Terms and Conditions, either by postal mail to: Klonów 21, 32-222 Klonów, or electronically to: apgo@goapgo.com or shop@apgo.eu.

Submission of the withdrawal statement without using the form does not affect its validity. Sending the statement within the withdrawal period is sufficient.

The Seller immediately confirms the receipt of the withdrawal statement by email (to the address provided at the order).

The Consumer must return the purchased products within 14 days from the date of sending the withdrawal statement to the Seller’s address.

Upon sending the withdrawal statement, the contract is considered void.

The Consumer bears the direct cost of returning the purchased products.

Excessive Use and Depreciation of Goods
If the Consumer exercises the right of withdrawal and the goods have been used beyond what is necessary to establish their nature, characteristics, and functionality, the Consumer shall be liable for any resulting depreciation in value. This includes, but is not limited to, any damage, excessive wear, or modifications that reduce the resale value of the goods. The Consumer is expected to handle and inspect the products as they would in a physical store.

The Seller must refund all payments made by the Consumer, including the cost of delivering the goods, up to the amount corresponding to the least expensive standard delivery option offered by the Store. Any additional costs resulting from the Consumer's choice of a more expensive delivery method will not be refunded, within 14 calendar days from receiving the Consumer’s withdrawal statement. The refund will be made via the same payment method used by the Consumer unless explicitly agreed otherwise.

The Seller may delay the refund until the goods are returned or proof of return shipment is provided by the Consumer.

The right of withdrawal does not apply to contracts involving:
a. Customized or made-to-order products manufactured according to the Customer’s individual specifications (this exclusion applies only to the right of withdrawal and does not affect the Customer’s statutory rights regarding complaints about product defects or non-conformity with the contract);
b. Sealed products that cannot be returned once opened due to health protection or hygiene reasons,
c. Products inseparably mixed with other items after delivery.

The refund will be issued to the same payment method or bank account used by the Consumer for the original transaction, unless the Consumer explicitly agrees to a different method. The Seller shall not charge any additional fees for the refund.

In cases where the Customer’s use of the product exceeds what is necessary to ascertain its nature and characteristics (indicative of potential abuse of the right of withdrawal), the right of withdrawal may be waived and any additional costs incurred will be borne by the Customer. For returns not based on product defects or non-conformity, the Customer shall be responsible for the return shipping costs.

For products that are custom-made or personalized in accordance with the Customer’s individual specifications, the right of withdrawal is excluded once production has commenced, and such orders shall be considered non-refundable.

For customers residing outside the European Union (including the United States and the United Kingdom), customs duties, import taxes, and other charges imposed by local authorities are non-refundable, even in cases where the shipment is returned or not collected and sent back to the Seller.
In such cases, the refund amount will be reduced by the return shipping costs and any customs or handling fees already incurred by the Seller.

§7 [COMPLAINTS AND LIABILITY FOR PRODUCT NON-CONFORMITY]

The Seller is obliged to deliver goods that conform to the sales contract. The Seller bears statutory liability towards the Consumer for product non-conformity with the contract existing at the time of delivery, revealed within two years from the date of delivery, as regulated by Chapter 5a of the Polish Consumer Rights Act of May 30, 2014, implementing EU Directive 2019/771. If the non-conformity is discovered within two years of the delivery date, it is presumed to have existed at the time of delivery, unless proven otherwise. This presumption does not apply to goods with a shorter shelf life or perishable items.

Consumers may submit complaints regarding non-conformity using any available contact methods described in §1 section 5.

Upon receiving the complaint, the Seller shall respond within 14 calendar days. Lack of a response within this period results in acceptance of the Consumer’s complaint.

The above statutory rights of the Consumer (statutory warranty for non-conformity) exist independently of any voluntary guarantee (commercial warranty) which may be provided separately by the manufacturer or the Seller.

In case the Seller or the manufacturer provides an additional commercial warranty, the details, conditions, and duration of such warranty will be explicitly stated in the guarantee statement delivered with the product or communicated clearly at the moment of purchase.

The Seller covers all shipping costs associated with the return of defective or non-conforming products, provided that the claim is justified. In such cases, the Seller will arrange return shipping or reimburse the Customer for reasonable return shipping costs incurred.

To facilitate the complaint process, Consumers are encouraged to submit complaints in writing and include supporting materials such as photos of the product, a description of the issue, and a copy of the receipt or order confirmation. Complaints may be submitted via email or traditional mail.

Seller shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including loss of profits, data, or other intangible losses arising from the use or inability to use the purchased products, except where such damages result from intentional misconduct or gross negligence. Seller’s liability for product defects is limited strictly to the remedies provided under applicable statutory law.

Any additional warranty information provided by the Seller or manufacturer is solely for informational purposes and does not extend the statutory rights of the Customer. The Seller does not grant any extra warranties beyond those established by applicable law. Furthermore, all intellectual property rights associated with the products and accompanying materials remain the exclusive property of the Seller or its licensors.

§8 [CONTRACTS WITH BUSINESS CUSTOMERS]

Provisions in this paragraph apply exclusively to contracts with business Customers making professional purchases.

Ordering on behalf of a legal entity or organizational unit implies authorization. Orders placed without proper authorization result in liability for all resulting damages.

Business customers must inspect delivered shipments traditionally, immediately notifying the carrier of any damage or shortages to establish the carrier’s responsibility.

Business customers lose warranty rights if they fail to inspect goods timely and inform the Seller of defects immediately upon discovery.

The Seller may terminate contracts with business customers within 14 days from contract conclusion without justification, provided the order has not yet been fulfilled.

Disputes with business customers will be settled by the competent court at the Seller’s location, governed by Polish law.

§9 [OUT-OF-COURT DISPUTE RESOLUTION]

Consumers may resolve disputes related to Store purchases through:
a. Permanent consumer arbitration courts as per the Act on Trade Inspection of December 15, 2000,
b. Mediation procedures initiated through regional trade inspection authorities,
c. Assistance from local consumer ombudsmen or consumer rights organizations.

Details regarding out-of-court dispute resolution procedures are available from Trade Inspection offices, local ombudsmen, consumer organizations, and the Office of Competition and Consumer Protection.

The EU’s online dispute resolution (ODR) platform is available at: http://ec.europa.eu/consumers/odr, serving as a multilingual interactive tool for resolving disputes from online contracts.

Consumers may use the European Commission’s Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr.
The Seller informs that it is not obliged to use any alternative dispute resolution (ADR) procedures unless it voluntarily agrees to do so in a specific case.

Before initiating any legal proceedings, the parties are encouraged to attempt to resolve any disputes arising under this Agreement through mediation or arbitration, with the aim of reducing legal costs and facilitating a timely resolution. This step is not strictly mandatory unless otherwise required by applicable law.

§10 [FINAL PROVISIONS]

The Seller reserves the right to amend these Terms and Conditions due to changes in applicable laws or methods of concluding and executing contracts. Amendments will not affect orders placed before their introduction.

Matters not regulated herein shall be governed by applicable laws,

These Terms and Conditions are governed by Polish and European Union law, except as otherwise specifically stated for Customers from the USA (§12) and Customers from the UK (§13)

In case of discrepancies between the Polish and English (or other language) versions of these Terms and Conditions, the Polish version shall prevail.

Seller shall not be liable for any delays, non-delivery, or failure to perform any obligations under these Terms and Conditions due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or other events of force majeure

Seller reserves the right to amend these Terms and Conditions at any time. In the event of significant amendments that affect material aspects of the agreement, Seller will notify Customers in advance via email or a prominent notice on the website.

In case of any conflict or inconsistency between the general provisions of this section (§10) and the specific jurisdictional terms set out in §§12–14 (covering customers from the USA, the UK, and other countries outside the EU), the specific provisions shall prevail.

Any services provided by third parties, including but not limited to courier services and payment processing, are subject to the terms and conditions of those service providers. The Seller shall not be held responsible for any delays, errors, or failures caused by such external service providers. The Customer acknowledges that these third-party services operate independently of the Seller.

§11 [PERSONAL DATA]
Issues related to the protection of Customers' personal data, including detailed information on data processing in compliance with GDPR, are regulated by the Privacy Policy available at [link to privacy policy].
Seller undertakes to use commercially reasonable efforts to secure the Customer’s personal data; however, Seller shall not be held liable for any damages resulting from unauthorized access, breaches, or other security incidents that are beyond its control.

§12 [ADDITIONAL TERMS FOR CUSTOMERS FROM THE USA]

Return Policy: Customers from the USA have the right to return purchased products within 14 calendar days from the delivery date. To initiate a return, the Customer must contact the Seller through the methods described in §1 section 5. Products returned must be in their original, unused, undamaged condition, including original packaging, tags, protective films, and any other components received. Returns must be shipped back to the Seller’s address in Poland at the Customer’s expense. It is recommended that Customers retain proof of shipping or tracking number until the refund is processed. Refunds will be processed within 14 calendar days of receiving the returned items.
Jurisdiction and Dispute Resolution: Any disputes arising between the Seller and Customers residing in the USA will be governed by the laws of the State in which the Customer resides. Any legal action shall be brought in a competent court located within the Customer’s state of residence.
Limitation of Liability: The Seller shall not be liable for indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses arising out of or related to the use or inability to use products purchased from the Store. This limitation does not apply to liability that cannot be excluded or limited under applicable local law, including liability resulting from intentional misconduct, gross negligence, or mandatory statutory rights. This limitation of liability shall apply to the fullest extent permitted by applicable law.
California Proposition 65: Customers residing in California are informed that products sold in the Store may contain adhesives or chemical substances typical for protective films and glass, which comply with applicable safety standards and do not pose significant risks under normal conditions of use.
ADA Accessibility: The Seller aims to ensure that the Store’s website is accessible and usable for all Customers, including individuals with disabilities, in compliance with the Americans with Disabilities Act (ADA). Customers experiencing accessibility issues are encouraged to contact the Seller for assistance.
Customs duties and taxes: Customers residing in the US may be required to pay customs duties, taxes, or additional charges upon receipt of their orders. Such costs, if applicable, are the responsibility of the Customer.
For customers in the United States, all listed prices are exclusive of applicable sales taxes, which will be calculated and added during checkout according to local state regulations. Applicable state or local sales taxes will be calculated automatically and added during the checkout process based on the Customer’s shipping address, in accordance with the relevant tax regulations.
California Privacy Notice: Although the Seller is not subject to the California Consumer Privacy Act (CCPA) due to its business size, we remain committed to respecting your privacy rights. For detailed information regarding how we handle your personal data, please refer to our Privacy Policy available on the Store’s website.
Important notice regarding returns or unclaimed shipments:
If a shipment is returned to the Seller due to the Customer’s refusal to pay customs duties, import taxes, or related fees, or because the shipment was not collected, the refund will be reduced by the return shipping cost and any customs or processing charges incurred by the Seller.
Customs duties and import taxes paid by the Customer or on behalf of the Customer are non-refundable.

§13 [ADDITIONAL TERMS FOR CUSTOMERS FROM THE UK]
Jurisdiction for Customers from the United Kingdom: Any disputes arising from contracts with customers residing in the UK will be governed by English law, with competent courts located in England and Wales.

Customs duties and taxes: Customers residing in the United Kingdom may be required to pay customs duties, taxes, or additional charges upon receipt of their orders. Such costs, if applicable, are the responsibility of the Customer. All prices displayed in the Store for customers in the United Kingdom are VAT-inclusive. The applicable VAT is reported to UK tax authorities under the Seller’s VAT registration in the UK. The VAT is not itemized separately at checkout, but it is included in the total price.

Consumer rights are governed by the UK's Consumer Rights Act 2015, which provides legal protection for consumers making purchases in our store.

Customer personal data is processed in accordance with the UK General Data Protection Regulation (UK GDPR), ensuring a high standard of data security and protection.

Right to Reject (Consumer Rights Act 2015):
Under the Consumer Rights Act 2015, Customers residing in the United Kingdom have the legal right to reject faulty or non-conforming products within 30 days from the date of receipt and receive a full refund. To exercise this right, Customers should contact the Seller immediately after discovering the defect, using the contact methods provided in §1 section 5.

Delayed or Undelivered Orders:
In the event of significant delays in delivery or failure to deliver goods within the agreed time frame (or within 30 days if no specific delivery time was agreed), Customers residing in the United Kingdom have the right to cancel their order and request a full refund. Refunds in such cases will be processed promptly and no later than 14 calendar days after cancellation. Customers should contact the Seller using methods indicated in §1 section 5 to initiate this process.

Important notice regarding returns or unclaimed shipments:
If a shipment is returned to the Seller due to the Customer’s refusal to pay customs duties, import taxes, or related fees, or because the shipment was not collected, the refund will be reduced by the return shipping cost and any customs or processing charges incurred by the Seller.
Customs duties and import taxes paid by the Customer or on behalf of the Customer are non-refundable.

§14 [ADDITIONAL TERMS FOR CUSTOMERS FROM OTHER COUNTRIES]

Customs duties and taxes:
Customers placing orders from countries outside the European Union, the United Kingdom, and the United States may be subject to customs duties, taxes, or other import charges imposed by local customs authorities upon delivery. These costs are not included in the purchase price or shipping fees and must be borne by the Customer. The Seller has no control over such fees, and customers are advised to contact their local customs office for detailed information about applicable duties and taxes prior to placing an order.

Jurisdiction and Dispute Resolution:
Any disputes arising from contracts with customers residing outside the European Union, the United Kingdom, and the United States shall be governed by Polish law, and legal actions shall be brought before the competent courts in Poland.

Customers are responsible for verifying their local import laws and regulations prior to placing an order to avoid any misunderstandings or unexpected costs

Consequences of Non-Collection Due to Customs Charges:
Customers placing orders from countries outside the European Union, the United Kingdom, and the United States should be aware that refusal or failure to collect their shipment due to customs duties, taxes, or other import fees may result in additional costs, including return shipping charges, which will be deducted from any refund issued

Local Consumer Regulations:
Customers placing orders from countries outside the European Union, the United Kingdom, and the United States are advised to verify their local consumer laws, import regulations, and applicable customs duties before placing an order to avoid any potential misunderstandings or unforeseen costs. The Seller is not responsible for ensuring compliance with laws or regulations applicable in the Customer's country of residence.

Important notice regarding returns or unclaimed shipments:
If an order is returned to the Seller due to the Customer’s refusal to pay customs duties, import taxes, or other applicable charges, or due to failure to collect the shipment, the refund will be reduced by any return shipping fees, customs charges, or handling costs incurred by the Seller.
Customs or import-related charges are not refundable under any circumstances.

§15 [TAX REGISTRATION]
The company declares that it is registered for tax purposes in the United States and the United Kingdom, and complies with the respective tax regulations in these jurisdictions. Additionally, the company is based in Poland, where it holds all necessary registrations and operates under Polish law. Within the European Union, the company participates in the OSS (One-Stop Shop) scheme for VAT settlement, ensuring compliance with EU tax regulations.

§16 [DIGITAL CONTENT SALES]
In the case of digital content not supplied on a tangible medium (e.g., downloadable files, digital codes, or streaming access), the Consumer expressly agrees to the immediate performance of the contract before the expiration of the 14-day withdrawal period. Consequently, the right of withdrawal is excluded once the download or streaming begins, in accordance with Article 38 of the Polish Consumer Rights Act.

[WITHDRAWAL FORM]
"Recipient:
apgo - APCOMMERCE.PL ARTUR PIEKARCZYK
Klonów 21, 32-222 Klonów, Poland
Email: apgo@goapgo.com / shop@apgo.eu

I / We () hereby inform you of my / our () withdrawal from the contract for the sale of the following goods:

Product Name:
Quantity Unit Price:
Total Value:
Total amount to be refunded: ______ PLN / EUR / USD/ Other.... (please underline applicable currency)

Date of contract conclusion: ........................................
Date of receipt of goods: ............................................

Consumer details:
Full name: ......................................................................
Address: .........................................................................
Email: ............................................................................
Phone (optional): ................................................................

Signature of the consumer(s) – only required if this form is submitted in paper version: : ...................................................
Date: .........................................................
"

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