Terms and Conditions for the provision of
repair and servicing services

§ 1
General provisions

  1. RG MEDIA Sp. z o.o., with its registered office in Kazimierza Wielka (28-500), ul. Kolejowa 132, NIP: PL6050077054, REGON: 523511000, hereinafter referred to as RG Media, provides repair and servicing services for the devices specified on the website www.rgmedia.pl, hereinafter referred to as the Services.
  2. This document (hereinafter referred to as the Terms and Conditions) sets out the content and rules for performing service contracts (hereinafter referred to as Service Contracts) concluded by RG Media with Customers who purchase goods offered by sellers – partners of RG Media, published on the website www.rgmedia.pl – which are covered by the service care programme (hereinafter referred to as the Products).
  3. Service care covers only Products used in accordance with their intended purpose and with the manufacturer’s recommendations resulting from the user manuals provided to the Customer together with the Product.
  4. The Terms apply exclusively to Services performed within the territory of the Republic of Poland.
  5. RG Media’s Customers may be both natural persons (hereinafter Consumers) and legal persons as well as organisational units without legal personality (hereinafter Entrepreneurs). A Consumer within the meaning of these Terms and Conditions is a natural person who performs a legal act not directly related to their business or professional activity. An Entrepreneur within the meaning of these Terms and Conditions is a natural person, legal person, or organisational unit without legal personality to which the law grants legal capacity, conducting business or professional activity in their own name.
  6. The end user of the device is the Consumer or a natural person acting on behalf of the Entrepreneur who owns the device and uses it on a permanent basis.
  7. Before sending the device to the service centre, the Customer is obliged to remove any accessories that are not part of the sales set. If the Customer breaches this obligation, RG Media shall not be liable for any damage to these items during the repair process.
  8. The Customer places an order for the Service in the manner specified on the website www.rgmedia.pl.
  9. After placing an order for the Service in the manner specified above, the Customer is obliged to deliver the device to RG Media’s premises in person or to send it via a partner carrier, the post, or another courier company. A list of RG Media’s partner carriers is available on the website www.rgmedia.pl.
  10. The time required to complete the Service depends in each case on the type of damage to the device and the availability of the spare parts and components necessary to perform the Service.
  11. The Customer is obliged to provide data such as first name, surname or company name, address, telephone number, e-mail address, IMEI number or serial number of the device, and to describe the reported device fault.
  12. If incomplete, illegible, or incorrect data as referred to in point 8 above is provided, RG Media shall not be liable for the consequences thereof towards the Customer or third parties, including the inability to deliver the shipment or its incorrect delivery. All costs related to this fact shall be borne by the Customer.

§ 2
Warranty services

  1. Warranty services are performed in accordance with the detailed warranty conditions set out in the warranty card of the device being claimed, subject to paragraph 4 and the following paragraphs below.
  2. If a complete set of documents entitling the device to warranty repair is not delivered together with the device, RG Media shall call on the Customer to provide the necessary documents within the deadline specified in the message sent. If these documents are not provided, RG Media reserves the right to charge the Customer a handling fee as specified in the price list of post-warranty services. If a warranty service is requested for devices not covered by RG Media’s warranty service, the Customer may be charged the cost of transporting the device.
  3. The handling fees referred to in paragraph 2 above may also be charged to a Customer who has ordered RG Media to perform the Service while acting on behalf of the end user of the device.
  4. The following are not considered Defects subject to service repair under the warranty:
    1. signs of wear of consumable materials or components of the Product which, in the course of proper use of the Product, wear out within a period shorter than the useful life of the Product (the main item), in particular such as: light bulbs, batteries, etc.,
    2. damage to the Product caused by its use in a manner inconsistent with its intended purpose or with the recommendations resulting from the user manual provided to the Customer together with the Product, or
    3. damage to the Product caused by its incorrect installation (i.e. inconsistent with its intended purpose or with the recommendations resulting from the user manual provided to the Customer together with the Product),
    4. damage to the Product caused by a lightning strike, and damage caused by water, fire, voltage changes in the electrical grid, insufficient ventilation, or other events for which the Seller is not responsible,
    5. any mechanical damage to the Product,
    6. damage to the Product caused by interference with its construction (including the structure or the interactions of its components or the software installed in the Product at the time of its release to the Customer), including modifications or adjustments exceeding the scope provided for in the user manual delivered to the Customer together with the Product, or carried out in a manner or under conditions inconsistent with the recommendations of the relevant manual, with the exception of interference carried out by the appropriate service technicians, i.e. entities expressly indicated to the Customer as authorised in this respect by the guarantor (in light of the relevant sales warranty) or the Seller,
    7. any defects of a Product on which the original security seals placed by the manufacturer or the service technician referred to in point “f)” above have been broken,
    8. any damage to the Product resulting from its use for purposes related to business activity;
    9. any damage to the Product caused by corrosion, oxidation, calcium build-up, or another type of gradual deterioration resulting from normal use of the Product, or not having an adverse effect on the functional properties of the Product, such as aesthetic damage, dents, scratches, and discolouration.

§ 3
Post-warranty services

  1. In the case of a post-warranty service, RG Media prepares a cost estimate for the Customer specifying the conditions for performing the service. The cost estimate constitutes an offer to conclude a post-warranty service contract, valid for 7 calendar days from the date the estimate is sent to the Customer. By accepting the estimate, the Customer agrees to the performance of the order on the conditions specified in the estimate.
  2. Parts used up during the repair are disposed of. RG Media will return used parts only at the express request of the Customer made before the repair of the device begins.
  3. If the offer to perform the post-warranty service is rejected, or if the Customer fails to make a decision after the deadline referred to in paragraph 1, RG Media reserves the right to charge the Customer the costs of transporting the device and the costs of preparing the estimate in accordance with the price list of post-warranty services.
  4. If, in the service request, the Customer has agreed to a paid repair up to a specified amount, RG Media is authorised to perform the service without preparing an estimate, provided that the cost of the service does not exceed the amount specified by the Customer. In such a case, the post-warranty service contract is concluded on the day RG Media receives the service request.
  5. The actual cost of the repair will be itemised on the invoice or receipt attached to the device after the repair has been completed.

§ 4
Data protection

  1. Before handing the device over to RG Media, the Customer is obliged to secure all data stored on the device by making a backup copy. RG Media shall not be liable for the data on the equipment and other media handed over with the equipment for repair, nor for their system settings.
  2. At the express request of the Customer, included in the service request and for an additional fee specified in the price list, RG Media may secure / copy the data on the device, provided that this is technically possible.
  3. The data protection service can be carried out if the technical condition of the device allows it. If the data cannot be secured, the service is still continued and the fee for the data protection service will not be charged.

§ 5
Release of equipment

  1. The place of performance of all servicing and repair services is RG Media’s registered office.
  2. The party sending the shipment is responsible for properly securing it for the duration of transport.
  3. After the service has been performed, RG Media sends the device to the address indicated by the Customer.
  4. Obligations of the Entrepreneur:
    1. The Entrepreneur is obliged to check the contents and condition of the received shipment in the presence of the courier. In the event of any discrepancies in the shipment, the Entrepreneur should immediately draw up a damage report with the carrier and inform RG Media by e-mail or telephone of the situation, providing the waybill number and the serial number to which the event relates.
    2. If the Customer finds external damage to the shipment, the Customer has the right to refuse to accept it or to accept it at their own risk and draw up a damage report with the carrier. The Entrepreneur should keep the outer packaging protecting the shipment during transport and include detailed information about its condition in the damage report.
    3. Failure by the Entrepreneur to draw up a damage report within 7 days of receiving the shipment results in the loss of claims related to irregularities in the shipment, in accordance with Article 76(4) of the Transport Law Act of 15 November 1984 (Journal of Laws No. 53, item 272, as amended).
    4. If the Entrepreneur fails to fulfil the above obligations, it is assumed that the mechanical damage to the device occurred after the Entrepreneur received the shipment.
  5. Obligations of the Consumer:
    1. It is recommended that the Consumer check the contents and condition of the received shipment in the presence of the carrier. At the same time, we inform you of the right, arising from Article 74 of the Transport Law, to draw up a damage report in the presence of the carrier before accepting the shipment or, in the event that damage is discovered after accepting the shipment, within 7 days of the date of receipt of the shipment. In accordance with Article 76: “Acceptance of the shipment by the entitled party without reservation results in the expiry of claims for loss or damage, unless:
      – the damage was recorded in a report before the shipment was accepted by the entitled party;
      – such a finding was omitted through the fault of the carrier;
      – the loss or damage resulted from the wilful misconduct or gross negligence of the carrier;
      – the entitled party discovered damage not visible from the outside after accepting the shipment and, within 7 days, requested that its condition be determined and proved that the damage occurred between the time the shipment was accepted for carriage and its delivery.”
    2. After the Service has been performed, the Customer is informed of the possibility and date of collecting the equipment, or the repaired equipment is sent to the address from which it was dispatched or to the address indicated in the complaint request.
    3. If the equipment is not collected within 30 days of the indicated date, or in the case of a courier shipment that has been notified twice, the Customer is called to collect the equipment within a non-extendable period of 30 calendar days from the date of delivery of the call.
    4. If the equipment is not collected within the deadline referred to in point 10, RG Media will charge the Customer a storage fee of PLN 1 gross for each day of storage of the uncollected equipment. The inability to notify the Customer in the manner indicated by them, and not resulting from an error on the part of RG Media, does not release the Customer from the storage fee.
    5. After 3 months from the date the call was issued, equipment not collected by the Entrepreneur is deemed to have been abandoned.

§ 6
RG Media’s remuneration

  1. RG Media’s remuneration is determined on the basis of the labour necessary to perform the Service, plus the necessary costs, in particular the cost of spare parts. The fee for performing the Service is specified in the price list in force at the time of the service request. The current price list is published on the website www.rgmedia.pl.

§ 7
Warranty for post-warranty services

  1. RG Media grants a 3-month warranty on completed post-warranty services and on the components used in the repair process. Other components of the device are not covered by the warranty granted by RG Media. The warranty period runs from the date the device is released from the service centre.
  2. During the warranty period granted by RG Media, any faults covered by the warranty will be remedied by RG Media free of charge. The cost of transporting the equipment to RG Media and back is not charged to the Customer, provided that the shipment is made in accordance with the guarantor’s instructions and subject to §1 above.
  3. The warranty granted by RG Media does not cover faults resulting from normal operation and wear, or arising from use of the device that is inconsistent with its intended purpose or improper. The warranty also does not cover damage resulting from an accident, modification of the equipment or software, and force majeure, as well as damage caused by flooding.

§ 8
Protection of personal data

  1. The controller of personal data in accordance with the applicable legal provisions (including the GDPR and other legal acts in force in the EU Member States and other regulations relating to data protection) is RG Media.
  2. The data protection officer at the controller’s company is available at: pjuzon@abidata.pl
  3. The collection and processing of personal data takes place only to the extent necessary to ensure the functioning of the Services, and additionally to the extent to which RG Media has obtained the consent of the data subject (the Customer) on the basis of a separate agreement. Personal data is collected and used only with the Customer’s consent. An exception to this rule is situations in which prior consent is not possible due to the circumstances and the processing of data is permitted by law.
  4. For the purposes of these Terms and Conditions, it is assumed that a partner of RG Media is a natural or legal person cooperating with RG Media, in particular in offering for sale goods for which RG Media provides Services (including entities owning the brands listed on RG Media’s website https://rgmedia.pl/zglos-naprawe/ : MOTUS, KIANO, Reinston, Lenovo, and others) – hereinafter the Partner.
  5. The collection, processing, and use of personal data takes place for the following purposes:
    1. concluding and performing service contracts,
    2. delivering newsletters of RG Media and Partners,
    3. marketing activities of RG Media and Partners,
    4. offering goods/services of RG Media and Partners,
    5. Customer service and support for Customers,
    6. provision of broadcasting media services, e.g. for the purpose of processing orders for goods and services offered by us over the Internet.
  6. Personal data is processed and stored only for such a period as is necessary to fulfil the purpose of its storage, or for as long as this is required of us under law or regulations. As soon as the purpose ceases to apply or is fulfilled, the personal data will be deleted or its processing restricted. In the case of restricted data processing, such data will be deleted as soon as the data retention periods imposed by legal provisions, the company’s agreement/statute, or the provisions of the contract cease to prevent such deletion, provided that there is no reason to assume that such deletion would jeopardise legitimate interests and provided that such deletion would not require a disproportionately large effort due to the specific nature of the storage.
  7. Pursuant to Article 6(1)(f) of the GDPR, RG Media’s website collects a range of general data and information each time it is accessed, which is stored temporarily in the server logs. The log entry is created as part of the automatic logging carried out by the processing computer’s system.
  8. The collection and storage of this data is required for the website to operate, in order to ensure the functionality of the site and the correct display of the content of our website. We also use this data to optimise our website and to ensure the security of our IT systems. Therefore, this data is stored as a precaution related to technical aspects.
  9. Cookies, web analysis services, and social media:
    1. the website www.rgmedia.pl uses cookies, web analysis services, and social media plug-ins, for which there is a separate Cookies Privacy Policy,
    2. sharing information about products and services, about special offers, and other messages such as newsletters,
    3. RG Media uses personal data to send information requested by the Customer regarding products, services, and other special offers to the provided e-mail address. The above will take place only with the Customer’s prior consent, or if it is permitted by law. Granting consent to such sending is governed by Article 6(1)(a) and Article 7 of the GDPR,
  10. On the basis of Article 6(1)(c) and (f) of the GDPR, RG Media uses and stores personal data and – where necessary – technical information, in order to prevent misuse of data or other unlawful behaviour on our website, or to conduct investigations in such cases, e.g. to ensure data security in the event of attacks on our IT systems. This may be carried out on the basis of orders from public authorities or common courts, insofar as the law requires it of us, as well as to protect our rights and interests and to enable us to defend ourselves in court.
  11. When transferring personal data, RG Media ensures that the level of security is always as high as possible, which is why data is transferred only to carefully pre-selected service and partner companies bound by obligations arising from contracts.
    When goods are shipped, data is transferred to the logistics companies or postal service providers specified in the order.
  12. RG Media may transfer data to third parties or public administration authorities in accordance with the current data protection regulations, if the law requires it of us (e.g. on the basis of an order issued by a public administration authority or a court), or if we are entitled to do so (e.g. because it is necessary for the investigation of criminal activities or for asserting and pursuing our rights and interests). RG Media may transfer personal data to Partners in accordance with the purpose specified in point 5 above.
  13. The remaining rules for the protection of personal data and the privacy policy are available on the website www.rgmedia.pl.

§ 9
Final provisions

  1. The court competent to resolve disputes with Customers is the court with local jurisdiction in accordance with the provisions of the Code of Civil Procedure.
  2. The resolution of any disputes arising between RG Media and a Customer who is not a consumer is subject to the court competent in Kraków.
  3. In matters not regulated by these Terms and Conditions, the provisions of applicable law apply, in particular the provisions of the Civil Code. In the event of any conflict between these Terms and Conditions and the rights of Customers and provisions resulting from generally applicable law, the generally applicable provisions of Polish law as well as European Union law, in particular the GDPR, shall apply.

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RG MEDIA Sp. z o.o.
ul. Kolejowa 132
28-500 Kazimierza Wielka
NIP: PL6050077054
KRS: 0000999684

+48 41 306 74 75
serwis@rgmedia.pl

www.facebook.com/serwisrgmedia

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