Breeze Terms and Conditions

Below you will find the terms and conditions of use of the website available at https://breeze-energies.com/ (hereinafter: “Website” or “Website”).

§ 1. Definitions

For the purposes of the Terms and Conditions, the following terms shall have the following meaning:

Update – an update that the Service Provider has undertaken to provide and which is necessary to maintain the compliance of the Digital Product with the Agreement;
Consumer – a natural person concluding an Agreement with the Service Provider not directly related to their business or professional activity;
Account – a panel created in the Partner’s IT system of the Website, enabling access to the B2B zone and its functionalities;
Materials – Digital Content provided to the User in exchange for subscribing to the Newsletter. As part of the Materials, the Service Provider will provide the User with educational materials and information about new products and promotions;
Newsletter – an Electronic Service consisting in providing the User with Materials;
Partner – a User who is an Entrepreneur who has concluded a cooperation agreement with the Service Provider outside the Website and who, on this basis, has been granted access to the B2B zone on the Website;
Digital Products – Digital Content or Digital Services;
Entrepreneur – a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by specific regulations, conducting business or professional activity in its own name;
Entrepreneur with consumer rights (PNPK) – a natural person concluding an Agreement with the Service Provider directly related to their business activity, if the content of the Agreement indicates that it is not of a professional nature for this person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Registration and Information on Business;
Terms and Conditions – the terms and conditions of the website available at https://breeze-energies.com/regulamin/;
GDPR – means 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 (OJ L of 4 May 2016 – hereinafter: GDPR);
Website – a website operating at the address of https://breeze-energies.com/regulamin/ and its extensions;
Digital Content – data produced and delivered in digital form;
Consumer Content or PNPK – content that has been provided or produced by the Consumer or PNPK in the course of using the Digital Product;
Agreement – an agreement concluded between the Service Provider and the User, the subject of which is the delivery of Materials as part of the Newsletter or the provision of other Electronic Services to the User;
Account Service Agreement – an agreement concluded between the Service Provider and the Partner, the subject of which is the provision of the Account Service;
Account Service – a digital service consisting in the creation and maintenance of an Account by the Service Provider for the benefit of the Partner;
Services – Electronic Services, Digital Services; Account Service;
Digital Services – services that allow the User to:
- producing, processing, storing or accessing data in digital form;
- the joint use of digital data that has been uploaded or produced by you or other users of the Digital Service;
- other forms of interaction with digital data;
Electronic Services – all electronic services provided by the Service Provider to the User via the Website. Electronic Services may or may not be a type of Digital Service;
Service Provider – Breeze Energies Sp. z o.o. with its registered office in Ełk at 6/39 Wielkanocna Street, 19-300 Ełk, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Olsztyn, VIII Commercial Division of the National Court Register, under the KRS number: 0000757255, using the NIP number: 8481873644
User – a Consumer, PNPK, an Entrepreneur using the Website’s functionalities.

§ 2. Preliminary provisions

The owner of the Website is Breeze Energies Sp. z o.o. with its registered office in Łomianki.
The Service Provider through the Website:
a) provides Digital Products;
b) provides the Partner Account Service.
The Terms and Conditions define the terms and conditions of using the Website, as well as the rights and obligations of the Service Provider and the User.
The Regulations constitute the regulations referred to in Article 8 of the Act on the Functioning of the Armed Forces.
Contact with the Service Provider is possible via:
a) e-mail to the following address: office@breeze-energies.com;
b) traditional mail to the following address: 44 Kolejowa Street, 05-092 Łomianki;
c) telephone number: (+48) 726-322-572;
In order to use the Website, it is necessary to meet the following technical conditions:
a) a multimedia device with Internet access;
b) Standard, up-to-date operating system;
c) a standard, up-to-date web browser with cookies enabled;
d) having an active e-mail address;
Before using the Website, the User is obliged to read the Terms and Conditions and the Privacy Policy.
If it is necessary to meet additional technical conditions other than those indicated in section 6 for the use of Digital Products or Electronic Services, the Service Provider will inform the User about it before placing the order, e.g. by including technical requirements in the description of the Digital Product or Electronic Service.
A specific type of Agreement is concluded between the Service Provider and the User:
a) in the case of Digital Content, a contract for the supply of digital content is concluded;
b) in the case of Digital Services, a contract for the provision of digital services is concluded;
c) in the case of Electronic Services, an agreement for the provision of electronic services is concluded;
For the avoidance of doubt, the Service Provider indicates that:
a) Agreements that relate to Digital Products are contracts for the supply of Digital Content or Digital Services, to which the provisions of Chapter 5b of the Act of 30 May 2014 on consumer rights apply;
b) the provisions of Chapter 5b of the Act of 30 May 2014 on Consumer Rights do not apply to Agreements that do not relate to Digital Products.

§ 3. Electronic Services

The Service Provider provides Users with specific Electronic Services related to the use of the Website.
The basic Electronic Service provided to the User is to enable the User to familiarize themselves with the content posted on the Website, including the offer of products and services, information for installers and news related to the Service Provider’s activities.
The Service Provider provides the Users with an Electronic Service in the form of a contact form, enabling the submission of an inquiry in matters related to the functioning of the Website, offer, products, services or cooperation with the Service Provider.
A separate Electronic Service is an application form for installers, the purpose of which is to start the process of joining the network of partners. This form may lead to return contact, verification of the application and – in the case of a positive decision – conclusion of an appropriate cooperation agreement with the Service Provider and obtaining access to the B2B zone. The conclusion of the cooperation agreement referred to in the preceding sentence takes place outside the Website, in the form and mode agreed individually between the Service Provider and the interested entity (e.g. electronically or in writing). Obtaining access to the B2B zone depends on the conclusion and validity of this agreement.
A separate Electronic Service is a form that allows the User to send an inquiry regarding the indicated product offered by the Service Provider. Sending the form does not constitute placing an order within the meaning of the provisions of the Civil Code, but only an inquiry regarding the selected product. After receiving the inquiry, the Service Provider’s representative will contact the User in order to present an offer and agree on possible terms of order processing. The order is executed in the form and on the terms and conditions agreed individually outside the Website.
The Service Provider provides the Users with an Electronic Service in the form of an online calculator, enabling the User to estimate the payback period of the investment and the profit over the entire period of its use, assuming the use of the Breeze Energies Breeze PV Retrofit device. The calculator is used anonymously and does not require registration or personal information. The results of the calculation are indicative and do not constitute a commercial offer within the meaning of the provisions of the Civil Code.
The Service Provider provides Users who decide to subscribe to the Newsletter with an Electronic Service consisting in sending them Materials. Detailed provisions regarding the Newsletter can be found in the 5.
In addition, the Service Provider provides the User with the “reCaptcha” Electronic Service aimed at ensuring the safety of Users by verifying whether the User is not a robot.
The Electronic Services described in this paragraph are provided to the Users free of charge.
The Service Provider informs that it uses cryptographic protection of electronic transfer and transfer by using appropriate logical, organizational and technical measures, in particular to prevent third parties from accessing data, including SSL encryption, the use of access passwords and antivirus or anti-unwanted software programs.
The Service Provider informs that despite the application of the security measures referred to in paragraph 9 above, the use of the Internet and services provided by electronic means may be at risk of malware getting into the ICT system and the User’s device or gaining access to data on this device by third parties. In order to minimize the above-mentioned threat, the Service Provider recommends the use of antivirus programs or means protecting identification on the Internet.
Users are prohibited from providing illegal content.
The Agreement for Electronic Services related to the functioning of the Website (except for the Newsletter) is concluded for the period of using the Electronic Service, at the moment of commencing its use and terminates when the use of the Service is discontinued.
Due to the fact that the Website is an ICT system managed by the Service Provider, the Service Provider may carry out technical and IT works aimed at the development of the Website and the provision of Electronic Services at the highest possible level.
As part of the development of the Website, the Service Provider may in particular:
a) add new functionalities and change or remove existing functionalities within the Website;
b) introduce the Website to another type of device, e.g. mobile devices;
c) make available an application related to the Website.

§ 4. Creating an account

Creating an Account is possible after the Partner concludes a cooperation agreement with the Service Provider on the basis of a separate agreement.

§ 5. Newsletter

Subscription to the Newsletter takes place by filling in and sending the subscription form to the Newsletter along with the acceptance of the Terms and Conditions or by ticking the appropriate check-box when creating an Account. In exchange for providing the Materials, the User agrees to receive the Newsletter and provides the User with their data. The Agreement is concluded when the subscription confirmation is displayed after activating the link in the email received from the User in response to the subscription to the Newsletter.
If the User does not intend to consent to receive the Newsletter, they may purchase the Materials by paying the price specified by the Service Provider for them. In order to purchase the Materials in the manner referred to in the previous sentence, the Service Provider should be contacted individually.
The Newsletter will be sent to the Users to the e-mail address provided during subscription, on a cyclical or occasional basis, depending on the current marketing and information activities carried out by the Service Provider.
The User may unsubscribe from the Newsletter at any time by clicking on the unsubscribe button, which is included in each message sent as part of the Newsletter. The Agreement is terminated upon unsubscribing from the Newsletter.
The provisions concerning Digital Content shall apply to the Agreement, the subject matter of which is the Service Provider’s obligation to provide Materials.

§ 6. Fulfilling an order for a Digital Product

Fulfilling an order for a Digital Product consists in providing the User with the ordered Digital Content or starting the provision of Digital Services.
The Service Provider makes Digital Products available to the User within the deadlines indicated in their description, not earlier than after the payment is credited to its bank account or after receiving a confirmation of payment.
The Service Provider is entitled to make changes to the Digital Products during the term of the Agreement, except for Digital Products that are delivered on a one-off basis. Changes to Digital Products that have been purchased by the Consumer or the PNPK may be made subject to the following requirements:
a) changes to the Digital Products may be made only for justified reasons, in particular such as removing defects, adapting the Digital Products to the needs of Users, adapting the Digital Products to legal changes or decisions of courts and authorities;
b) changes to the Digital Products may not involve costs on the part of the Consumer or PNPK;
c) the Service Provider informs the Consumer or PNPK in a clear and understandable manner about the change made;
d) if a change in the Digital Products significantly and adversely affects the User’s access to or use of the Digital Product, the Service Provider is obliged to inform the Consumer or the PNPK with sufficient notice, not less than 7 days, on a durable medium, about the properties and date of introducing the change, as well as the rights related to these changes;
e) if a change in the Digital Products significantly and adversely affects the User’s access to or use of the Digital Product, the Consumer or PNPK may terminate the Agreement without notice within 30 days from the date of making the change to the Digital Products or informing about the changes in the Digital Products, if the notification was made later than this change. The User is not entitled to this right if the Service Provider provides the Consumer or PNPK, at no additional cost, with the right to keep the Digital Product in accordance with the Agreement unchanged.
If the User violates the rules governing the use of Digital Products, the Service Provider may block the User’s access to the Digital Products.

§ 7. Fulfilling an order for Digital Content

Depending on the Service Provider’s choice and the technical capabilities of the Website, the User may gain access to Digital Content by:
a) a link sent to the User by the Service Provider to the e-mail address indicated by the User, or
b) the User’s account to which the purchased Digital Content will be assigned, or
c) a dedicated page of the Website where the purchased Digital Content is located;
d) the e-mail address to which the User will transmit the Digital Content;
or in any other manner indicated in the description of the Digital Content.
Information on whether the Digital Content can be downloaded by the User to their own medium can be found in the description of the Digital Content or the instructions provided to the User.
If a given Digital Content can be downloaded by the User, the Service Provider may impose a limit on the number of downloads of the given Digital Content (e.g. a given Digital Content will be able to be downloaded only 10 times). If a limit of downloads is introduced, the Service Provider clearly indicates to the User how many times they can download the Digital Content under the concluded Agreement.
The Service Provider may introduce time limits on access to a given Digital Content (e.g. access to a given Digital Content will be possible only for 3 months). If time limits are introduced, the Service Provider clearly indicates to the User for how long they will have access to the Digital Content under the concluded Agreement.
Digital Content is deemed to have been delivered when the Digital Content, or the means by which the Digital Content can be accessed or downloaded, has been made available to the User or to a physical or virtual device that the User has chosen for this purpose, or when the User or such device has accessed the Digital Content.
The Service Provider shall deliver the Digital Content in the version in force on the date of delivery of the Digital Content and shall not provide Updates after the date of delivery of the Digital Content, unless the description of the Digital Content clearly indicates that the Digital Content also includes Digital Content Updates at a later date, or such an obligation arises from mandatory provisions of law.
Subject to fair use laws, you may only use Digital Content for personal development purposes. Under no circumstances shall the User have the right to use the Digital Content in their business or professional activity, in particular for the purpose of selling the Digital Content under their own designation, using them to provide services to third parties or other commercial activities using the Digital Content.
If the User wants to use the Digital Content in their business or professional activity, they are obliged to apply to the Service Provider for a license for the given Digital Content by sending a message to the Service Provider’s e-mail address. In order to conclude such an agreement, the User should apply to the Service Provider with a proposal to conclude a license agreement, informing the Service Provider in particular about the purposes for which he intends to use the Digital Content and about the assumed duration of use. Upon receipt of such a proposal, the Service Provider will submit an offer in accordance with its own license policy.
The use of Digital Content may require access to standard office software such as doc., xls, pdf, audio or video player, e.g. Microsoft Office or Adobe Reader, Windows Media Player or other indicated in the description of Digital Content.

§ 8. Fulfilling an order for a Digital Service

The Service Provider provides the Digital Service on the terms and conditions specified in the description of the Digital Service.
A Digital Service is deemed to have been delivered when the User or a physical or virtual device that the User has chosen for this purpose has accessed the Digital Service.
The Service Provider provides the Digital Services in the version in force on the date of delivery of the Digital Service and does not provide Updates after the date of delivery of the Digital Service – unless the description of the Digital Service clearly indicates that the Digital Service also includes Updates of the Digital Service at a later date or such an obligation arises from generally applicable law.

§ 9. Withdrawal from the Consumer Agreement or PNPK without giving a reason

The Consumer or PNPK has the right to withdraw from the Agreement concluded via the Website, without giving any reason, within 14 days from the date of conclusion of the Agreement.
The right to withdraw from the Agreement does not apply to the Agreement:
a) for the provision of Services for which the User is obliged to pay the price, if the User has fully performed the Service with the express and prior consent of the User, who has been informed before the commencement of the provision that after the performance of the service by the Service Provider he will lose the right to withdraw from the Agreement, and has acknowledged this;
b) for the delivery of Digital Content not delivered on a tangible medium, for which the Consumer or PNPK is obliged to pay the price, if the Service Provider has commenced the service with the express and prior consent of the User, who has been informed before the commencement of the service that after the performance of the service by the Service Provider he will lose the right to withdraw from the Agreement, and has acknowledged this and the Service Provider has provided the User with a confirmation, referred to in Article 21(2) of the Consumer Rights Act;
c) concluded by way of a public auction within the meaning of Article 2 Article 2 point 6 of the Act of 30 May 2014 on consumer rights.
In order to withdraw from the Agreement, the Consumer or PNPK must inform the Service Provider of their decision to withdraw from the Agreement by means of an unequivocal statement – for example, by a letter sent by post or e-mail.
The Consumer or PNPK may use the template constituting Appendix No. 2 to the Act on Consumer Rights added in Appendix No. 1 to the Terms and Conditions, but it is not obligatory.
In order to meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer or PNPK to send information on the exercise of the right to withdraw from the Agreement of the Consumer or PNPK before the deadline for withdrawal from the Agreement.
In the event of withdrawal from the Agreement, the Service Provider shall return to the Consumer or PNPK all payments received from the Consumer or PNPK immediately, and in any case not later than 14 days from the date on which the Service Provider was informed about the decision to exercise the right to withdraw from the Agreement.
The refund of payment is made using the same payment methods as were used in the original transaction, unless the Consumer or PNPK has expressly agreed to a different solution. In any case, the Consumer or PNPK does not incur any fees in connection with this return.

§ 10. Liability for the Conformity of the Digital Products

The warranty for defects in Digital Products, referred to in the provisions of the Civil Code, is excluded in the case of Agreements concluded by Users other than the Consumer or PNPK. The Service Provider’s liability for non-performance or improper performance of the Agreement with a User other than a Consumer or PNPK is excluded subject to Article 473 § 2 of the Civil Code.
The Service Provider is responsible to the Consumer and PNPK for the compliance of the Digital Product with the Agreement. The compliance of the Digital Product with the Contract is assessed in accordance with the provisions of the Consumer Rights Act.
For Digital Products:
a) delivered in one lump sum or in parts – the Service Provider shall be liable for the lack of conformity of the Digital Products with the Agreement, which existed at the time of their delivery and became apparent within two years from that moment;
b) delivered on a continuous basis – the Service Provider shall be liable for the lack of conformity of the Digital Products with the Agreement, which occurred or became apparent at the time when they were to be delivered in accordance with the Agreement.
In the event that the Service Provider provides Digital Products on a continuous basis, the Digital Products shall be compliant for the duration of their delivery in accordance with the Agreement.

§ 11. Consumer Content or PNPK

After withdrawal from the Agreement, the Service Provider may not use the Consumer Content or the PNPK, except for the Consumer Content or the PNPK, which:
a) is useful only in connection with the Digital Product;
b) relate only to the activity of the Consumer or PNPK during the use of the Digital Product;
c) have been combined by the Service Provider with other data and cannot be disconnected without undue difficulties;
d) they have been created jointly with other Consumers or PNPK, who can still use them.
At the request of a Consumer or an PNPK, the Service Provider shall make available to such User, at its own expense, within a reasonable time and in a commonly used machine-readable format, the Consumer Content or PNPK that has been produced or delivered in the course of using the Digital Product. This obligation does not apply to the return of the Consumer Content or PNPK referred to in section 1(a)-(c).

§ 12. Personal data and cookies

The Service Provider is the administrator of the User’s personal data.
The website uses cookie technology.
Details related to personal data and cookies are described in the privacy policy available at https://breeze-energies.com/polityka-prywatnosci-i-plikow-cookies/

§ 13. Intellectual property rights

The Service Provider instructs the User that all content available on the Website and elements of Digital Products (e.g. graphic designs) may constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, to which the Service Provider or other authorized entities are entitled to copyrights, as well as databases protected under the provisions on the protection of databases.
The Service Provider instructs the User that the exploitation of copyrighted content or the use of databases by the User without the consent of the Service Provider or another authorized entity, except for use within the scope of fair use, constitutes an infringement of intellectual property rights and may result in civil or criminal liability.
The Service Provider may conclude a separate license agreement with the User related to the use by the User of the content or databases belonging to the Service Provider (e.g. by using descriptions of Digital Products, etc.). In order to conclude such an agreement, the User should apply to the Service Provider with a proposal to conclude a license agreement, informing the Service Provider in particular about the purposes for which he intends to use the content or databases belonging to the Service Provider and about the assumed time of use. Upon receipt of such a proposal, the Service Provider will submit an offer in accordance with its own license policy.

§ 14. Out-of-court methods of handling complaints and pursuing claims

The consumer has the option of using out-of-court methods of handling complaints and pursuing claims. The consumer has the possibility, among other things, to:
a) apply to the permanent consumer arbitration court with a request to settle the dispute arising from the concluded Agreement,
b) apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings to amicably resolve the dispute between the User and the Service Provider,
c) use the assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
More detailed information on out-of-court methods of handling complaints and pursuing claims can be found on the http://polubowne.uokik.gov.pl. website.

§ 15. Complaints

Each User has the right to lodge a complaint in matters related to the functioning of the Website or the performance of the Agreement.
Complaints should be submitted to the Service Provider at the following address: office@breeze-energies.com.
Users’ complaints will be considered on an ongoing basis, but no later than within 14 days from the date of receipt of the complaint by the Service Provider.
A response to the complaint will be sent to the User to the contact details provided by the User when submitting the complaint.

§ 16. Final provisions

The Service Provider is entitled to amend the Terms and Conditions for important reasons, in particular due to:
a) the need to adapt the Terms and Conditions to changes in the law, recommendations, interpretations or guidelines of competent courts or authorities;
b) issuance of a ruling by a competent common court or issuance of a decision by a competent authority that may affect the rights or obligations of the Service Provider or the User;
c) editorial changes;
d) the need for the Service Provider to comply with a legal obligation;
e) changes to services or adding new ones;
without prejudice to the rights acquired by the Users on the basis of the Agreements concluded before the amendment of the Terms and Conditions.

The amended Terms and Conditions will be published on the Website at https://breeze-energies.com/regulamin/ Each version of the Terms and Conditions contains information from when they are in force.
The Service Provider will notify the User using the Newsletter if the change to the Terms and Conditions applies to this service. In the event of non-acceptance of the Terms and Conditions, the User may resign from the Newsletter in accordance with § 5.
Any disputes related to the Agreements concluded via the Website shall be considered by the Polish common court with jurisdiction over the place of permanent business activity of the Service Provider. This provision does not apply to Consumers and PNPK, in the case of which the jurisdiction of the court is determined on general principles.
These Terms and Conditions are effective from 05.05.2025.

Appendix No. 1 to the Agreement

Template of the withdrawal form

City, date

Breeze Energies Sp. z o.o.

Kolejowa 44, 05-092 Łomianki,

Consumer’s name

Consumer address

Statement of withdrawal from the Agreement

Pursuant to the Act of 30 May 2014 on consumer rights (Article 27), I withdraw from the Agreement concluded on _____________. I picked up the Goods on ___________.*

Please refund the price of the goods to your account*……… / the method in which the payment was made.*

………………………

Consumer signature

*delete as appropriate

Breeze Terms and Conditions

entered into the register of entrepreneurs of the National Court Register kept by the District Court in Olsztyn, VIII Commercial Division of the National Court Register, under KRS number: 0000757255, using NIP number: 8481873644, share capital: PLN 50,000.

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