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Terms and Conditions of the Online Store

§ 1 Initial Provisions

  1. The online store DefendEye P.S.A., accessible at https://defendeye.com/, is operated by DefendEye P.S.A. with its registered office at Dworska 1A, Office No. 2, 30-314 Kraków, Poland, registered in the National Court Register by the District Court in Kraków, Commercial Division of the National Court Register under KRS number 0001022929, NIP 6812097814, REGON 524628460.
  2. These Terms and Conditions are directed at both Consumers and Entrepreneurs using the Store and define the rules of using the online store, as well as the principles and procedures for concluding distance sales agreements with the Customer through the Store.

§ 2 Definitions

  • Consumer: A natural person entering into an agreement with the Seller through the Store, where the subject of the agreement is not directly related to their business or professional activity.
  • Seller: DefendEye P.S.A. with its registered office at Dworska 1A, Office No. 2, 30-314 Kraków, Poland, registered in the National Court Register by the District Court for Kraków-Śródmieście, Commercial Division under KRS number 0001022929, NIP 6812097814, REGON 524628460.
  • Customer: Any entity purchasing through the Store.
  • Entrepreneur: A natural person, legal entity, or organizational unit not being a legal entity but having legal capacity granted by law, conducting business activity in their own name and using the Store.
  • Store: The online store operated by the Seller at https://defendeye.com/.
  • Distance Contract: A contract concluded with a Customer within an organized system for concluding contracts at a distance (via the Store) without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to the moment of contract conclusion.
  • Terms and Conditions: These terms and conditions of the Store.
  • Order: A declaration of the Customer’s will made using the Order Form, aiming directly at concluding a Product Sales Agreement with the Seller.
  • Account: The Customer’s account in the Store, containing data provided by the Customer and information about Orders placed by them in the Store.
  • Registration Form: A form available in the Store, enabling the creation of an Account.
  • Order Form: An interactive form available in the Store that allows the submission of an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including delivery and payment methods.
  • Basket: A software component of the Store in which selected Products intended for purchase are visible, with the possibility to determine and modify Order data, particularly product quantity.
  • Product: A movable item/service available in the Store, which is the subject of a Sales Agreement between the Customer and the Seller.
  • Sales Agreement: A contract for the sale of a Product concluded or entered into between the Customer and the Seller through the online Store. Depending on the Product features, it may also refer to a service agreement or a work agreement.

§ 3 Contact with the Store

  1. Seller’s Address: Dworska 1A, Office No. 2, 30-314 Kraków, Poland
  2. Email Address: info@defendeye.com
  3. Telephone Number: –
  4. Customers can contact the Seller using the addresses and telephone numbers provided in this section.
  5. Customers can contact the Seller by phone from 8:00 AM to 4:00 PM.

§ 4 Technical Requirements

To use the Store, including browsing its assortment and placing orders for Products, the following are required:

  • A terminal device with internet access and a web browser such as Chrome, Firefox, Safari, or Edge.
  • An active email account.
  • Enabled cookies support.

§ 5 General Information

  1. To the maximum extent permitted by law, the Seller shall not be liable for disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties, or incompatibility of the online Store with the Customer’s technical infrastructure.
  2. Viewing the Store’s assortment does not require an Account. Orders for Products available in the Store can be placed either after creating an Account as specified in § 6 of the Terms and Conditions or by providing necessary personal and address details enabling Order processing without creating an Account.
  3. Prices in the Store are provided in U.S. dollars and include VAT (gross prices).
  4. The final (total) amount payable by the Customer consists of the price of the Product and the delivery cost (including charges for transport, delivery, and postal services), of which the Customer is informed on the Store’s pages during the Order placement process, including when expressing their will to be bound by the Sales Agreement.
  5. In the case of subscription agreements or agreements for the provision of services for an indefinite period, the final price includes all payments for the billing period.
  6. If the nature of the subject matter of the Agreement does not reasonably allow for prior calculation of the final price, information on how the price will be calculated, as well as delivery costs, transport, postal services, and other costs, will be provided in the Store’s Product description.

§ 6 Creating an Account in the Store

  1. To create an Account in the Store, the Registration Form must be completed. The following details are required: first name, last name, password, residential address, email address, and phone number.
  2. Creating an Account in the Store is free of charge.
  3. Logging into the Account is done by entering the login and password provided in the Registration Form.
  4. The Customer can delete their Account at any time without providing a reason and without incurring any charges by sending an appropriate request to the Seller, particularly via email or in writing to the addresses specified in § 3.

§ 7 Rules for Placing Orders

To place an Order:

  1. Log in to the Store (optional).
  2. Select the Product to be ordered and click the “Add to Cart” button (or equivalent).
  3. Log in or choose the option to place an Order without registration.
  4. If the Order is placed without registration, complete the Order Form by entering the recipient’s details and the delivery address, selecting the type of shipment (delivery method), and providing invoice details if different from the recipient’s.
  5. Click the “Order and Pay” button or confirm the order via the link sent in an email.
  6. Choose one of the available payment methods and pay for the Order within the specified deadline, subject to § 8(3).

§ 8 Available Delivery and Payment Methods

  1. Customers can use the following delivery or collection methods for ordered Products:
    • Courier shipment.
  2. Customers can use the following payment methods:
    • Electronic payments.
    • Credit card payment.
  3. Detailed information on delivery methods and acceptable payment methods is available on the Store’s website.

§ 9 Execution of the Sales Agreement

  1. The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order using the Order Form in the online Store, in accordance with § 7 of the Terms and Conditions.
  2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Receipt confirmation and acceptance for processing are communicated via an email sent by the Seller to the Customer’s email address provided during the Order placement. The email contains the Seller’s declaration of receipt and acceptance of the Order and confirms the conclusion of the Sales Agreement. Upon receipt of this email, the Sales Agreement between the Customer and the Seller is concluded.
  3. If the Customer chooses payment by bank transfer, electronic payment, or credit card, they are required to make the payment within two calendar days of concluding the Sales Agreement; otherwise, the Order will be canceled.
  4. The Product will be dispatched by the Seller within the time specified in its description (subject to § 9(5)) in the manner selected by the Customer when placing the Order.
  5. If an Order includes Products with different delivery times, the delivery time is the longest specified.
  6. The beginning of the delivery period for the Product to the Customer is calculated as follows:
    • If the Customer chooses bank transfer, electronic payment, or credit card payment, from the date the Seller’s bank account is credited.
  7. Delivery of the Product is available worldwide.
  8. Delivery of the Product to the Customer is subject to a charge unless otherwise stated in the Sales Agreement. Delivery costs (including transport, delivery, and postal services fees) are indicated to the Customer on the Store’s website in the “Delivery Costs” tab and during the Order placement process, including at the time of expressing the will to be bound by the Sales Agreement.

§ 10 Right to Withdraw from the Agreement

  1. A Consumer may withdraw from a Sales Agreement within 14 days without providing any reason.
  2. The withdrawal period specified in § 10(1) begins:
    • From the delivery of the Product to the Consumer or a third party other than the carrier indicated by the Consumer.
    • In the case of an Agreement covering multiple Products delivered separately, in batches, or in parts, from the delivery of the last item, batch, or part.
    • For Agreements involving regular delivery of Products over a specified period (subscription), from taking possession of the first item.
  3. The Consumer may withdraw from the Agreement by submitting a withdrawal statement to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before its expiration.
  4. The statement may be submitted via traditional mail, email, or using a withdrawal form provided by the Seller (though the use of the form is not mandatory). Contact details for submitting the withdrawal are provided in § 3.
  5. If the Consumer submits the withdrawal statement electronically, the Seller shall promptly acknowledge receipt via email.
  6. Effects of withdrawal:
    • Upon withdrawal, the Agreement is considered void.
    • The Seller shall refund the Consumer all payments, including delivery costs (except for additional costs arising from the Consumer’s choice of a delivery method other than the cheapest standard delivery offered by the Seller), no later than 14 days from receiving the withdrawal statement.
    • The refund will be made using the same payment method used by the Consumer unless expressly agreed otherwise. The refund will not incur any additional costs for the Consumer.
    • The Seller may withhold the refund until the Product is returned or proof of its return is provided, whichever occurs first.
    • The Consumer must return the Product to the Seller no later than 14 days from the date of withdrawal. The deadline is met if the Product is sent back before its expiration.
    • The Consumer bears the direct cost of returning the Product, including higher costs if the Product cannot be returned via standard postal service.
    • The Consumer is only liable for any diminished value of the Product resulting from its use beyond what is necessary to establish its nature, characteristics, and functioning.
  7. Exceptions to the right of withdrawal:
    The right to withdraw from a distance Agreement does not apply to the Consumer in cases involving:
    • Custom-made Products tailored to the Consumer’s specifications or serving their individual needs.
    • Products delivered in sealed packaging that cannot be returned for health or hygiene reasons once unsealed.
    • Perishable goods or items with a short shelf life.
    • Services that have been fully performed with the Consumer’s explicit consent.
    • Products whose price depends on market fluctuations beyond the Seller’s control.
    • Items inseparably combined with other products after delivery.
    • Alcoholic beverages agreed upon during purchase, delivered after 30 days, whose value depends on market fluctuations.
    • Sealed audio, visual recordings, or software unsealed after delivery.
    • Newspapers, periodicals, or magazines (except subscriptions).
    • Digital content not supplied on a tangible medium, provided the performance began with the Consumer’s prior consent and acknowledgment of losing the withdrawal right.

§ 11 Complaints and Warranty

  1. The Sales Agreement covers new Products.
  2. In the event of a defect in the purchased Product, the Customer has the right to file a complaint based on warranty provisions in the Civil Code.
  3. If the Customer is an Entrepreneur, warranty liability is excluded.
  4. It is recommended that the complaint include a brief description of the defect, circumstances (including the date) of its occurrence, the Customer’s details, and the requested action regarding the defect.
  5. The Seller will address the complaint promptly, no later than within 14 days. If this period is not met, the complaint is considered accepted.
  6. Products returned as part of the complaint process should be sent to the address provided in § 3.
  7. If a warranty applies to the Product, the warranty details will be included in its description in the Store, and a warranty card will be provided with the Product.

§ 12 Out-of-Court Complaint Handling and Redress

  1. Consumers have the option to use out-of-court complaint handling and redress methods. Detailed information is available on the websites of municipal or district consumer advocates, social organizations dedicated to consumer protection, Provincial Inspectorates of the Trade Inspection, and the Office of Competition and Consumer Protection (UOKiK) at:
  2. Examples of out-of-court complaint and redress methods:
    • Submission of disputes to a permanent consumer arbitration court.
    • Mediation proceedings conducted by the Provincial Inspectorate of the Trade Inspection.
    • Free assistance from municipal or district consumer advocates or social organizations such as the Federation of Consumers or the Polish Consumers’ Association.

§ 13 Personal Data in the Online Store

  1. The administrator of personal data collected via the Store is the Seller.
  2. The personal data of Customers collected by the administrator through the Store is processed for the purposes of executing the Sales Agreement, and if the Customer consents, also for marketing purposes.
  3. Recipients of personal data of the Store’s Customers may include:
    • In the case of a Customer using the Store’s delivery method via postal or courier service, the Administrator shares the Customer’s collected personal data with the selected carrier or intermediary performing shipments on behalf of the Administrator.
    • In the case of a Customer using electronic payment or card payment methods, the Administrator shares the Customer’s collected personal data with the selected entity handling the above payments in the Store.
  4. The Customer has the right to access their data and request its correction.
  5. Providing personal data is voluntary, but failure to provide data specified in the Terms and Conditions as necessary to conclude a Sales Agreement will result in the inability to conclude this agreement.

§ 14 Final Provisions

  1. Agreements concluded through the online Store are in the Polish language.
  2. The Seller reserves the right to amend the Terms and Conditions for valid reasons, such as changes in legal regulations or payment and delivery methods, to the extent these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of any amendments with at least 7 days’ notice.
  3. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, including the Civil Code, the Act on the Provision of Electronic Services, the Consumer Rights Act, and the Personal Data Protection Act.
  4. The Customer has the right to use out-of-court complaint and redress methods. To do so, they may file a complaint via the EU online platform ODR, available at: http://ec.europa.eu/consumers/odr/.