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Terms of use and general terms of sale

Part A sets out the rules for using the panciepelko.pl website. Part B contains the general terms of sale and service (GTS) that apply to our quotes, orders and contracts. Both parts apply from the date shown.

Last updated
9 September 2026
v1.0

This is a convenience translation. The Polish version (Regulamin i ogólne warunki sprzedaży) is the binding text.

Part A. Terms of use of panciepelko.pl

A.1. Service provider

The website at panciepelko.pl (the “Website”) is operated by Beat Hangartner, sole trader operating under the brand Pan Ciepełko, with registered office in Gdańsk, Poland, entered in the Polish Central Register of Business Activity (CEIDG, where the registered address is published), VAT ID PL5833495608, REGON 527118848, e-mail: [email protected] (the “Provider”, “we”).

This Part A constitutes the terms of provision of services by electronic means within the meaning of Art. 8 of the Polish Act of 18 July 2002 on the provision of services by electronic means.

A.2. Type and scope of services provided electronically

Through the Website we provide, free of charge:

  1. information about the Pan Ciepełko platform, our services and projects;
  2. the possibility to contact us by e-mail (“mailto” links) — the Website currently contains no forms and no user accounts.

If we launch a self-service platform with user accounts (the portal for architects and investors), its use will be governed by separate platform terms accepted at registration.

A.3. Technical requirements

Using the Website requires a device with Internet access and a current web browser supporting HTML5, CSS3 and TLS. JavaScript and cookies are not needed to read the content; they are needed for the consent banner and the analytics tools described in the Privacy policy.

A.4. Conclusion and termination of the contract for electronic services

The contract for the free provision of services by electronic means is concluded when you open the Website and ends when you leave it. No registration or other action is required.

A.5. Prohibition of unlawful content and rules of use

Users must use the Website lawfully and in accordance with good practice. It is prohibited to supply unlawful content, including by e-mail, and to take actions that disrupt the Website (in particular attempts at unauthorised access, automated bulk downloading of content for purposes infringing the Provider’s rights, or distribution of malware).

A.6. Intellectual property

The content of the Website — texts, graphics, diagrams, logo, the word mark “Pan Ciepełko” and the figurative mark, page layout and code — is protected by copyright and industrial property law and belongs to the Provider or is used under licence. Viewing and quoting content within the limits of fair use, with attribution, is permitted. Commercial use of the content, including for training models or creating competing products, requires our written consent.

Indexing of the Website by search engines and AI assistants for the purpose of displaying links, summaries and answers with attribution is permitted; the rules for robots are set out in the robots.txt file.

A.7. Liability for Website content

The content of the Website is for information only and does not constitute an offer within the meaning of Art. 66 of the Polish Civil Code. Technical data, numerical examples and project descriptions illustrate what is possible; the parameters of a specific project follow exclusively from an individual quote. We endeavour to keep the Website available without interruption but do not guarantee the absence of interruptions due to maintenance or causes beyond our control.

A.8. Complaints concerning the Website

Complaints about the operation of the Website may be sent to [email protected] with a description of the problem and contact details. We reply within 14 days of receipt.

A.9. Personal data and cookies

The processing of personal data and the use of cookies are described in the Privacy policy.

Part B. General terms of sale and service (GTS)

B.1. Scope of application

  1. The GTS apply to all quotes, orders and contracts under which the Provider (also the “Seller”) sells Goods or provides Services to businesses and consumers (the “Buyer”), unless the parties agree otherwise in writing.
  2. The provisions of an individual quote or contract take precedence over the GTS. The Buyer’s standard terms do not apply unless we expressly accept them in writing.
  3. Towards consumers, and towards sole traders who conclude a contract not directly related to their business activity of a professional nature (Art. 385⁵, 556⁴ and 558¹ of the Polish Civil Code), section B.12 and the mandatory consumer protection provisions additionally apply. In case of conflict they prevail.

B.2. Definitions

  • Goods — devices, components, accessories and associated software licences listed in the quote or order confirmation.
  • Preliminary Design — a concept of an energy or building automation system (pre-design documentation: schematics, lists, simulation, report), prepared on the basis of information provided by the Buyer.
  • Software Commissioning — the uploading, parametrisation and updating of the Goods’ software and the functional testing of their operation, performed exclusively via a data interface (locally or remotely), on Goods that have already been mounted, wired, connected and energised by the Buyer or the Buyer’s installer.
  • Maintenance — system maintenance services provided via the data interface: software updates, remote diagnostics, minor configuration adjustments.
  • Services — the Preliminary Design, Software Commissioning and Maintenance.
  • Electrical Works — any work on electrical equipment, installations or networks with a nominal voltage exceeding 50 V AC or 120 V DC, including work inside distribution boards, the laying and connection of conductors, the fitting or replacement of protective devices, the switching on or off of supply circuits, protective and acceptance measurements, and any other activity constituting operation (eksploatacja) within the meaning of Art. 54 of the Polish Energy Law.

B.3. Separate supplies

  1. The Preliminary Design, the supply of Goods, Software Commissioning and Maintenance are separate supplies. Each is separately quoted, priced, ordered, performed, accepted and invoiced, with its own classification under the Polish Classification of Products and Services (PKWiU).
  2. The Buyer may order each supply independently of the others. In particular: Goods may be purchased without a Preliminary Design and without Software Commissioning; Software Commissioning and Maintenance may be ordered for equipment purchased from another supplier; a Preliminary Design may be implemented with any supplier and contractor.
  3. Software Commissioning is not included in the supply of Goods by default and is performed only where separately ordered and priced. The price of the Goods includes no services.
  4. Prices of Services are set by scope or hours and are not a percentage of the value of the Goods. We grant no discounts conditional on ordering another supply.

B.4. Quotes, orders, conclusion of contract

  1. Quotes are valid for the period stated in them and, failing that, for 30 days from issue. Prices are stated in Polish złoty or euro, net, plus VAT at the rate applicable on the invoice date.
  2. A contract is concluded when the Buyer accepts the quote (e-mail suffices) or when the Seller confirms the order. Each supply has its own order confirmation.
  3. Changes of scope after conclusion require agreement and may affect price and timing.

B.5. Preliminary Design

  1. The Preliminary Design is a concept, not an executable design, and does not replace the building or technical design required under construction law. It is prepared as a planning aid on the basis of drawings, data and assumptions provided by the Buyer, who is responsible for their completeness and accuracy.
  2. Before any materials are ordered or any works are carried out on its basis, the Preliminary Design must be reviewed, verified and approved by an installer or designer holding the qualifications required by law — in particular the qualification certificate under Art. 54 of the Polish Energy Law or the relevant building qualifications. The Seller accepts no liability for works performed or materials ordered on the basis of a Preliminary Design that has not been so verified.
  3. Simulation results (consumption, generation, cost, payback) are a forecast based on historical data and disclosed model assumptions. Actual results depend on weather, energy prices, how the building is used and the quality of the installation. The Seller does not guarantee that the forecast values will be achieved.
  4. The delivery time runs from receipt of the complete input data and of the advance payment, if agreed. The Buyer has 14 days to comment on the delivered Preliminary Design; absence of comments within that period is deemed acceptance.
  5. The Seller grants the Buyer a non-exclusive, perpetual licence to use the Preliminary Design for the construction and operation of the property it concerns, including passing it to contractors, designers and financing institutions. Use for other properties or disclosure to competitors of the Seller requires the Seller’s consent. The methods, models and tools used to prepare the Preliminary Design remain the Seller’s property.

B.6. Supply of Goods

  1. Goods are delivered in factory, unprocessed condition with the manufacturer’s documentation. The Seller does not install or configure the Goods as part of the supply.
  2. Delivery dates are indicative unless a guaranteed date is expressly agreed. The Seller informs the Buyer promptly of expected delays.
  3. Delivery is made to the address given by the Buyer. The risk of accidental loss or damage passes to the Buyer on handover of the Goods to the Buyer or the carrier (for consumers: on handover to the consumer). The Buyer must check the consignment on receipt and report visible damage to the carrier and the Seller.
  4. The Goods remain the Seller’s property until the full price is paid (retention of title, Art. 589 of the Polish Civil Code).
  5. Standard Goods may be ordered without a Preliminary Design. In that case the Seller does not verify the suitability of the Goods for the Buyer’s intended use unless an advisory service has been ordered.

B.7. Software Commissioning — preconditions and exclusions

  1. The Seller’s performance covers exclusively activities carried out via the data interface. The Seller does not perform and does not undertake to perform Electrical Works, mechanical mounting, fixing, drilling, cabling, construction, building or finishing works, connection to heating, ventilation, air-conditioning or plumbing systems, or any other services of a construction or installation nature, including services classified under section 43 PKWiU. Such works are not included in the price and do not form part of the contract — even where the Goods are intended for permanent installation in a building.
  2. Before Software Commissioning may commence, the Buyer shall, at its own cost and risk, ensure that: (a) the electrical installation serving the Goods has been completed, tested and energised by a person holding the qualification certificate required under Art. 54 of the Polish Energy Law, and acceptance and protective measurement records are available on site; (b) the Goods have been correctly mounted, wired and supplied with power in accordance with the manufacturer’s documentation; (c) network connectivity, addressing and access credentials required for commissioning are available; (d) the site is safe and accessible. The Buyer confirms fulfilment of these conditions by e-mail before the agreed date.
  3. Where the conditions in paragraph 2 are not met, the Seller may refuse to commence or may suspend Software Commissioning and charge the Buyer the resulting travel, standby and rescheduling costs at the rates in the quote. The Seller’s personnel are under no circumstances obliged to perform Electrical Works, and any instruction of the Buyer to that effect is of no effect.
  4. Installation of the Goods is carried out by the Buyer at its own cost and risk, or by a third party engaged by the Buyer. The Seller is not a party to any such arrangement and assumes no responsibility for the selection, qualifications or work of the installer, nor for the compliance of the installation with regulations, manufacturer instructions or the building design.
  5. Technical documentation, datasheets, manuals, wiring diagrams and informal technical guidance provided by the Seller are of an informative nature only, do not constitute design, supervision, installation or advisory services, and create no obligation as to the result of the installation.
  6. Software Commissioning ends with a functional test and an acceptance record (e-mail suffices). Defects revealed in the test are remedied by the Seller under the contract; absence of comments within 7 days of delivery of the record is deemed acceptance.

B.8. Maintenance

  1. Maintenance is a separate, priced item of the quote, provided as standard for the first 24 months after Software Commissioning if ordered; after that period it may be continued under a separate service agreement.
  2. Maintenance covers software updates, remote diagnostics and minor configuration adjustments performed via the data interface. It does not cover work on the electrical installation, remedying the consequences of improper installation or operation, system extensions or replacement of devices.
  3. Maintenance may also be ordered for systems whose equipment was purchased from another supplier, following a configuration audit.

B.9. Payment

  1. Payment terms are set out in the quote. As standard: Preliminary Design — 50 % advance on order, balance on delivery; Goods — prepayment before dispatch; Software Commissioning and Maintenance — after performance or per period, payable within 14 days of invoice.
  2. B2B invoices are issued through the Polish national e-invoicing system (KSeF). In case of late payment the Seller may charge statutory interest for delay (in commercial transactions: statutory interest for delay in commercial transactions) and suspend further supplies until payment.
  3. Where a transaction is subject to the mandatory split-payment mechanism, the invoice carries the relevant annotation and the Buyer pays in accordance with the Polish VAT Act.

B.10. Warranty, statutory warranty, liability

  1. Goods are covered by the manufacturer’s warranty on the terms set out in the warranty document. The Seller assists with warranty claims.
  2. Between businesses, the Seller’s liability under the statutory warranty for defects (rękojmia) of the Goods is excluded (Art. 558 § 1 of the Polish Civil Code), subject to section B.12 for sole traders treated as consumers.
  3. The Seller’s liability covers the Goods as delivered and, where ordered, the proper performance of the Services. It does not cover defects, damage or malfunction resulting from improper installation, wiring, power supply, integration with other systems, operation contrary to the manufacturer’s instructions, configuration changes made by third parties, or incorrect or incomplete input data provided by the Buyer.
  4. Between businesses, the Seller’s aggregate liability under a given contract is limited to the net remuneration for the supply to which the damage relates and does not include lost profits, business interruption or indirect damage.
  5. Nothing in the GTS excludes or limits liability which cannot be excluded or limited under mandatory Polish law, in particular liability for personal injury and for damage caused intentionally.
  6. The exclusions in the GTS do not limit the Seller’s obligations as a distributor under product safety rules (CE marking, LVD/EMC/RED directives).

B.11. Complaints

Complaints concerning Goods and Services should be sent to [email protected] or in writing to the registered office as published in CEIDG, with a description of the defect, the date it was found, the invoice or order number and — where possible — photographs or logs. The Seller responds to a complaint within 14 days of receipt. Towards consumers, failure to respond within that period is deemed acceptance of the complaint.

B.12. Provisions for consumers and sole traders treated as consumers

  1. This section applies to consumers and to natural persons concluding a contract directly related to their business activity where the contract shows that it is not of a professional nature for them (together: the “Consumer”).
  2. Conformity with the contract. Towards a Consumer the Seller is liable for non-conformity of the Goods with the contract under the Polish Consumer Rights Act of 30 May 2014 (chapter 5a), for two years from delivery of the Goods. The exclusion in section B.10(2) does not apply. The limitation of liability in section B.10(4) also does not apply to Consumers.
  3. Right of withdrawal. A Consumer who has concluded a contract at a distance (e.g. by e-mail) or off-premises may withdraw from it within 14 days without giving reasons, by sending a statement to [email protected] or in writing; the model form in Annex 2 to the Consumer Rights Act may be used. The period runs from receipt of the Goods and, for Services, from conclusion of the contract. The Seller refunds payments within 14 days of receiving the statement; the Consumer returns the Goods within 14 days at their own cost and is liable for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
  4. Exceptions to the right of withdrawal (Art. 38 of the Consumer Rights Act): the right of withdrawal does not apply in particular to (a) Services fully performed with the Consumer’s express consent after being informed that the right of withdrawal would be lost once the service is performed, and having acknowledged this; (b) non-prefabricated Goods made or configured to the Consumer’s specifications or serving their individual needs; (c) digital content delivered with the Consumer’s express consent before the withdrawal period expires. If the Consumer requests that a Service begin before the withdrawal period expires and then withdraws, the Consumer pays for the performance provided up to the time of withdrawal.
  5. Out-of-court dispute resolution. A Consumer may use out-of-court complaint and redress procedures, including assistance from the municipal or district consumer ombudsman, consumer organisations, or the voivodeship inspectorates of the Trade Inspection (mediation, permanent arbitration courts). Information: uokik.gov.pl.

B.13. Confidentiality and data

  1. The parties keep confidential the technical, commercial and organisational information obtained in connection with the contract. Drawings, building data and operating data provided by the Buyer are used solely to perform the contract and are not disclosed to third parties beyond the contractors named by the Buyer and the processors listed in the Privacy policy.
  2. We process personal data in accordance with the Privacy policy. Where the Buyer provides data of third parties (e.g. unit owners, guests), the Buyer warrants that it has a legal basis to do so; for operating data of the property the parties conclude a data processing agreement where needed.

B.14. Force majeure

Neither party is liable for non-performance or improper performance caused by force majeure, including interruptions in component supply at manufacturers, network failures or acts of public authority. Deadlines are extended accordingly; if the obstacle lasts longer than 90 days, either party may withdraw from the contract as to the unperformed part.

B.15. Final provisions

  1. Contracts are governed by Polish law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
  2. Disputes between businesses are resolved by the court having jurisdiction over the Seller’s registered office. For Consumers, jurisdiction follows the general rules.
  3. If any provision of the GTS is found invalid or ineffective, the remaining provisions remain in force, and the invalid provision is replaced by the legal rule closest to its purpose.
  4. The GTS may be amended; contracts concluded before an amendment are governed by the version in force on the date of conclusion. The current dated version is available at panciepelko.pl/en/terms.
  5. The Polish version of the Terms and GTS is binding. The English and German versions are provided for information; in case of discrepancy, the Polish text prevails.