Regulation of the On-line Store of Krajowa Izba Rozliczeniowa S.A.
Terms of Service of the Online Store of the Krajowa Izba Rozliczeniowa S.A.
Chapter I.
Art. 1
General Provisions
These Terms of Service set out the rules for using the Online Store operated at the address www.elektronicznypodpis.pl by Krajowa Izba Rozliczeniowa S.A. in Warsaw, ul. rtm. W. Pileckiego 65, 02-781 Warszawa, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register (KRS), KRS number: 0000113064, share capital PLN 5,445,000, fully paid-up, VAT ID (NIP): 526-030-05-17, hereinafter referred to as "KIR”.
Art. 2
Definitions
1. The terms used in these Terms of Service shall have the following meanings:
1) Certificate – a certificate for electronic signatures, electronic seals, website authentication, TLS/SSL certificates, or for securing communication;
2) Business Day – any day from Monday to Friday, other than public holidays as defined in the Non-Working Days Act of 18 January 1951;
3) eIDAS – Regulation (EU) No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC;
4) Customer – an individual, a company or an organisational unit without legal personality, which uses the Online Store;
5) Private Key – data used for affixing an electronic signature, electronic seal or for data encryption;
6) Consumer – a consumer within the meaning of Art. 22¹ of the Act of 23 April 1964 – the Civil Code;
7) Product – a software licence, a Certificate, a time-stamping service, or any other service or item, including the original packaging and all components contained therein (such as instructions, a pendrive-type data carrier, or a card reader), available in the Online Store’s offer;
8) Sole Trader – an individual conducting business activity within the meaning of the Act of 6 March 2018 – the Entrepreneurs’ Law;
9) Terms of Service – these terms of service;
10) GDPR – 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 (General Data Protection Regulation);
11) Subscriber – an individual, a company or an organisational unit without legal personality, for whom the Certificate has been issued;
12) Online Store – the website available at www.elektronicznypodpis.pl, operated by KIR;
13) Agreement – a trust services agreement or a Product sale agreement concluded between the Customer and KIR;
14) The Act – the Act of 5 September 2016 on Trust Services and Electronic Identification;
15) Order – an order placed by the Customer via the Online Store under the Agreement, or attached to the Agreement form in the manner specified in Chapter II;
16) CSR Request – an electronic file containing a public key and Certificate data, signed with the Private Key forming a single key pair with that public key.
2. Any terms used in these Terms of Service, which have not been defined in this Article shall be understood in accordance with the definitions contained in the KIR Certification Practice Statement for trusted non-qualified certificates, the KIR Certification Policy for qualified trust services, or the KIR Certification Policy for trusted non-qualified certificates.
Art. 3
General Principles
1. The Customer shall comply with these Terms of Service.
2. KIR shall conduct all communications and relations with the Customer in Polish.
3. The conclusion and performance of this Agreement or any Order shall be governed by Polish law.
4. The Terms of Service do not specify the rules governing Customer payments or the costs of data transmission via the internet in connection with the use of the Online Store.
5. The Customer shall not provide content prohibited by law, including content promoting violence, defamatory content, or content that violates personal rights or other rights of third parties.
6. No code of good practice, as referred to in Article 12(1)(15) of the Consumer Rights Act of 30 May 2014, applies to the operation of the Online Store.
7. Provision of the Online Store constitutes an electronically supplied service as defined in the Act of 18 July 2002 on Providing Services by Electronic Means.
8. KIR shall make every effort to ensure the highest possible availability of the Online Store, to promptly rectify failures, and to ensure that technical breaks are, where possible, as little burdensome for Customers as possible.
9. In the performance of Agreements and Orders, the provisions of law, the Agreement, and the documents referenced therein shall take precedence over the provisions of these Terms of Service, subject to Article 10.
10. For Consumers within the meaning of Article 14(2), in the performance of Agreements and Orders, the provisions more favourable to them shall take precedence, regardless of whether they arise from statutory provisions, the Agreement, the Order, or these Terms of Service, unless the Agreement clearly and explicitly provides otherwise, subject to mandatory provisions of law.
Art. 4
Products – General Provisions
1. KIR shall deliver Products that are free from defects.
2. All Products that are tangible articles shall be brand new, originally packaged, free from physical and legal defects, and legally placed on the Polish market.
3. All Products that are services are provided by KIR.
4. The rules for software licensing are set out in the licensing documents provided with the software.
5. The Online Store enables Customers to browse the Products.
6. The Online Store provides the following functionalities:
1) Selecting Products and preparing the Agreement or Order form for conclusion in the manner specified in Chapter II; or
2) Selecting Products and concluding the Agreement online – in the mode specified in Chapter III.
Chapter II.
Offline Agreements and Orders
Art. 5
Preparation of a written Agreement or Order
1. The provisions of this Chapter shall apply to Agreements and Orders which:
1) include at least one Certificate containing data of a third party other than the Subscriber, or
2) have not been prepaid online and for which no discount code or voucher has been used to reduce the price to zero, subject to Art. 2.
2. Only the provisions of Chapter III “Online Agreements” shall apply to Agreements and Orders concluded by a Consumer or a Sole Trader, excluding certificates referred to in Article 1(1).
3. The Online Store enables the preparation of the Agreement or Order form.
4. Multiple Orders may be attached to a single Agreement.
5. The Customer submits an offer to conclude the Agreement upon delivering to KIR the required number of copies of the Agreement form that meet the requirements set out in sections 7 and 8.
6. The Customer submits an Order upon delivering to KIR the required number of copies of the Order form that meet the requirements set out in sections 7 and 8.
7. The Customer should correctly fill in the documents referred to in sections 5 and 6 and provide true data therein, including contact details such as an email address and telephone number.
8. The documents referred to in sections 5 and 6, signed by authorised persons, should be submitted by the Customer to KIR in their original written form, by mail or other means, to the address indicated in the Order summary. If submitted in electronic form bearing a qualified electronic signature, they should be sent to the email address indicated in the Order summary or attached to the Order within the Customer’s Online Store account.
9. KIR shall confirm acceptance of the offer and conclusion of the Agreement by providing the Customer with one copy of the Agreement signed by KIR.
10. KIR shall confirm Order acceptance by email.
11. If the documents referred to in sections 5 or 6 have not been signed by authorised persons, or the data provided therein is incomplete or incorrect, or in other justified cases, KIR shall contact the Customer to clarify any doubts. If contact with the Customer is not possible, KIR shall have the right to cancel the Order.
12. KIR shall not confirm the acceptance of the Order or the conclusion of the Agreement until correctly prepared Order or Agreement forms are delivered.
13. If the Agreement or Order form is not delivered to KIR within 60 days of its creation in the Online Store, and during this period the Price List of trust services published in the Online Store or the Terms of Service have changed, KIR may condition acceptance of the Order or conclusion of the Agreement on the Customer’s acceptance of such changes, unless the Customer has made an online payment as referred to in Article 7(5), subject to section 15.
14. A confirmed Order may be cancelled by the Customer only if the Customer contacts KIR before the Order fulfilment process begins. An Order may be cancelled exclusively by marking the Order as "cancelled" in the Customer's account in the Online Store.
15. If the Agreement or Order form is not delivered to KIR within 60 days of the date of the online payment in the Online Store, KIR shall not confirm the conclusion of the Agreement or the acceptance of the Order.
16. A condition for placing an Order in the Online Store is that the Customer reads the Terms of Service and accepts their provisions before submitting the Order.
Art. 6
Execution of Orders
1. For Orders, the Customer shall receive information regarding the preparation of the Product at the Customer's email address.
2. With respect to an Order for:
1) Time-stamping services – the service shall be activated or modified within the time limit specified in the Agreement or the Order, but not earlier than upon KIR’s confirmation of the Order acceptance;
2) Remote Certificate renewal – the renewal process shall be initiated immediately upon KIR's confirmation of the Order acceptance;
3) Certificate generated based on a CSR Request – the Certificate generation process shall be initiated following successful verification of the CSR Request.
3. Orders shall be fulfilled within no more than 5 Business Days from the date of KIR’s confirmation of the Agreement’s conclusion or Order acceptance, and, in the case of Certificates generated based on CSR Requests, from the date of their delivery, unless the Agreement or Order provides otherwise.
Art. 7
Payments
1. A Customer who is neither a Consumer nor a Sole Trader may make:
1) payment in accordance with the provisions of the Agreement or the Order, or
2) online payment in accordance with the provisions of sections 3-7.
2. Consumers and Sole Traders may make payments exclusively in the form of online payments, in accordance with the provisions of subsections 3-7.
3. All prices are quoted in Polish zlotys and include value added tax (VAT) as well as other public law charges.
4. The delivery cost, if any, is specified in the Online Store.
5. The forms of online payment within the Online Store are:
1) online transfer via the Paybynet system;
2) payment via a payment card;
3) payment via the BLIK Payment System.
6. The Online Store may allow the use of discount codes or vouchers.
7. In the event of overpayment or underpayment, the Customer shall be notified by a message sent to the e‑mail address provided when placing the Order.
8. If the Agreement or Order form is not delivered to KIR within 60 days of the online payment in the Online Store, the payment shall be refunded and the Order cancelled. KIR shall refund the payment within 30 days from the expiry of the time limit referred to in the preceding sentence.
9. KIR sends or makes the invoice available to the Customer within 5 days of confirmation that the payment has been made.
10. Subject to section 11, in cases where the Act of March 11th, 2004 on Goods and Services Tax provides for sending or making invoices available to the buyer in a manner agreed with them, invoices shall be:
1) made available through the National e-Invoicing System or
2) sent or made available via email, in PDF format.
11. Invoices issued to entities that are not required to receive invoices through the National e-Invoicing System will be sent to them via email in PDF format.
12. If the Customer disputes the accuracy of an invoice for any reason, the Customer may lodge a complaint, which shall be considered in accordance with Art. 15.
Chapter III.
Online Agreements
Art. 8
Concluding Online Agreements
1. The provisions of this chapter shall apply to Agreements and Orders that have been paid for online or for which a discount code or voucher has been used to reduce the price to zero, and that do not include at least one Certificate containing data of a third party other than the Subscriber.
2. Only the provisions of this Chapter shall apply to Agreements and Orders concluded by a Consumer or a Sole Trader, excluding certificates referred to in Art, 5(1)(1).
3. The Online Store enables the selection of Products and the conclusion of the Agreement.
4. The information published in the Online Store constitutes an offer within the meaning of Art. 66 of the Civil Code, provided that the Customer may accept it exclusively through the online agreement conclusion procedure specified in this Article.
5. Actions taken in the Online Store shall independently constitute declarations of intent resulting in the conclusion of the Agreement and form a basis for the Customer to incur fees payable to KIR.
6. The Agreement is concluded by the Customer upon reading the Terms of Service and accepting their provisions, by:
1) making an online payment – upon KIR obtaining confirmation that the online payment has been made, or
2) using a discount code or voucher that reduces the price to zero;
7. The Agreement may cover the issuance of any number of Certificates.
8. The Agreement shall be performed without delay, subject to section 11 and Art. 9(4). The Agreement shall remain in force until it is performed.
9. Performance of the Agreement requires providing data, including personal data, for the purpose of generating the Certificate, submitting a CSR Request if the Certificate is generated on its basis, and providing an e‑mail address for correspondence purposes, including the purpose referred to in section 10.
10. KIR shall promptly confirm the conclusion of the Agreement by sending an e-mail message.
11. Provision of the time-stamping service by KIR is contingent upon the Customer submitting the required data in a manner and form specified by KIR. The time-stamping service will be enabled or blocked within a maximum of 5 Business Days following the day on which the required data is submitted to KIR.
12. In the performance of the Agreement, the following documents published on the KIR website at www.elektronicznypodpis.pl shall apply: KIR Certification Policy for qualified trust services, KIR Certification Policy for trusted non-qualified certificates, and KIR Certification Practice Statement for trusted non-qualified certificates.
13. The Customer shall properly perform its obligations, in particular taking into account the provisions of the documents referred to in section 12, including the updating of data submitted to KIR as referred to in Art. 9.
Art. 9
Submission of Data for the Certificate
1. For the purpose of performing the Agreement, the Customer shall provide, within the Online Store and prior to the conclusion of the Agreement, true data for the Certificate.
2. The Customer shall bear sole responsibility for providing untrue, incomplete, or inaccurate data.
3. The Certificate may contain data specified in the KIR Certification Policy for qualified trust services or the KIR Certification Policy for trusted non-qualified certificates, excluding data of a third party other than the Subscriber.
4. The Certificate shall be generated promptly after the conclusion of the Agreement, but no later than within 5 Business Days from the confirmation of Order acceptance referred to in Art. 5(10), or from the delivery of the CSR Request in the case of a remote Certificate renewal or a Certificate generated on its basis.
5. The confirmation of the Certificate issuance shall contain the Subscriber’s undertaking to comply with the provisions of the documents referred to in section 3.
Art. 10
Payments
1. Payment may be made after accepting the Terms of Service and providing the data, including personal data, necessary to generate the Certificate.
2. The forms of online payment within the Online Store are:
1) online transfer via the Paybynet service;
2) payment via a payment card;
3) payment via the BLIK Payment System.
3. The Online Store may allow the use of discount codes or vouchers.
4. All prices are quoted in Polish zlotys and include value added tax (VAT) as well as other public law charges.
5. KIR sends or makes the invoice available to the Client within 5 days of confirmation that the payment has been made.
6. Subject to section 7, in cases where the Act of March 11th, 2004 on Goods and Services Tax provides for sending or making invoices available to the buyer in a manner agreed with them, invoices shall be:
1) made available through the National e-Invoicing System or
2) sent or made available via email, in PDF format.
7. Invoices issued to entities that are not required to receive invoices through the National e-Invoicing System will be sent to them via email in PDF format.
8. If the Customer disputes the accuracy of the invoice for any reason, the Customer may file a complaint, which will be considered under Art. 15.
Chapter IV.
General Provisions
Art. 11
Information for the Customers
1. KIR is entered in the register of Trust Service Providers within the meaning of the Act
2. A qualified electronic signature shall have a legal effect equivalent to a handwritten signature.
3. An electronic signature shall not be denied having a legal effect or admissibility as evidence in court proceedings solely on the ground that it is in an electronic form or that it does not meet the requirements for qualified electronic signatures.
4. An electronic seal shall not be denied legal effect or admissibility as evidence in legal proceedings solely because it is in electronic form or does not meet the requirements for qualified electronic seals.
5. An electronic time stamp shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements of a qualified electronic time stamp.
6. The rules for the issuance, suspension, and revocation of Certificates, as well as the scope and limitations of Certificate use, are set out in the service policies, that is, the KIR Certification Policy for qualified trust services, the KIR Certification Policy for trusted non-qualified certificates, and the KIR Certification Practice Statement for trusted non-qualified certificates, made available online at www.elektronicznypodpis.pl. The publication address is subject to change.
7. Under Art. 21 of the Act, KIR is not responsible for any damages arising from non-compliance by the Customer or the Subscriber with the principles defined in the service provision policy.
8. The Subscriber, the Customer, or another person may apply for the revocation of the Certificate, provided that this is consistent with the KIR Certification Policy for qualified trust services, the KIR Certification Practice Statement for trusted non-qualified certificates, the Agreement, or other KIR obligations.
9. The Certificate, which has been revoked, cannot be considered valid.
10. The template for the Certificate revocation/suspension request is published on the KIR website at www.elektronicznypodpis.pl.
11. The detailed rules for the suspension and revocation of the Certificate are set out in the KIR Certification Policy for qualified trust services and the KIR Certification Practice Statement for trusted non-qualified certificates.
12. Disputes arising from the use of an advanced electronic signature shall be resolved by the competent ordinary courts.
Art. 12
Liability
1. KIR shall be liable for damages resulting from the non-performance or improper performance of its obligations in accordance with the provisions of the Civil Code; however, KIR’s liability does not cover benefits that the injured party could have obtained had the damage not occurred, unless the damage was caused by wilful misconduct.
2. The jurisdiction of the court for resolving disputes related to the performance of the Agreement shall be determined in accordance with the provisions of the Code of Civil Procedure.
Art. 13
Online Store Account
1. The Customer shall create an account in the Online Store in order to conclude the Agreement or place an Order.
2. The Account enables, in particular, the storage of the Customer’s data to facilitate the placing of subsequent Orders or the conclusion of subsequent Agreements, as well as the viewing of Order history and submitting signed documents required for Order execution.
3. In order to set up an account, the Customer should provide an email address, which will serve as the login, a password, and other authorisation data required by KIR.
4. The Customer's login cannot be modified once the account is established.
5. The Customer's password is not known to KIR, and the Customer shall keep it confidential and protect it against unauthorised access by third parties.
6. The Customer may change the Customer's data and the password at any time.
7. The Customer may delete the account from the Online Store at any time.
Art. 14
Withdrawal from the Agreement by the Consumer
1. In this Article, "agreement" shall mean the Agreement concluded or an Order placed by the Consumer.
2. In this Article, “Consumer” shall also mean a Sole Trader, provided that the content of the concluded Agreement indicates that it is not of a professional nature for that Customer, which follows in particular from the scope of their business activity as recorded in the Central Register and Information on Business Activity (CEIDG).
3. Under Art. 27 of the Consumer Rights Act of 30 May 2014, any Consumer entering into a remote or off‑site agreement shall be entitled to rescind it within 14 days without providing justification or incurring any penalty, subject to Art. 14. However, if the Consumer has chosen a method of Product delivery other than the cheapest standard delivery method offered by KIR, KIR shall not obliged to refund the additional costs incurred by the Consumer.
4. The time limit for withdrawal from the agreement shall run:
1) from the date on which the Product, being a physical good, is taken into possession by the Consumer or by a third party indicated by the Consumer, other than the carrier;
2) from the moment of the conclusion of the agreement – in the case of a Product that is not a physical good.
5. In order to exercise the right of withdrawal from the agreement, the Consumer should submit a statement of withdrawal.
6. Withdrawal from the agreement may apply to all Products covered by the Order or only to some of them.
7. To meet the withdrawal time limit, it is sufficient for the Consumer to send the statement before the time limit expires.
8. The statement of withdrawal should be sent to the Customer Contact and Operations Department of KIR in writing to the following address: ul. Suraska 3A, 15‑950 Białystok, or by e‑mail to: kontakt@kir.pl.
9. In the event of withdrawal from a remote agreement, the agreement shall be deemed null and void.
10. KIR shall, immediately and no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal and the Product, refund all payments made by the Consumer, including delivery costs, provided that if the Consumer chose a delivery method other than the cheapest standard delivery offered by KIR, KIR shall not be obliged to refund the additional costs incurred. KIR may withhold the refund of payments received from the Consumer until it receives the Products back or until the Consumer provides proof of their return, whichever occurs first, provided that a cryptographic card on which a Private Key has been stored is not subject to return. Cryptographic cards returned by the Consumer in violation of the prohibition referred to in the preceding sentence shall be immediately destroyed by KIR, and the Certificates stored on them shall be revoked.
11. In connection with the withdrawal from the agreement, the Consumer shall bear the direct costs of returning the goods.
12. KIR shall refund the payment using the same method of payment as used by the Consumer.
13. The Consumer shall be responsible for any reduction in the value of the Product caused by handling it beyond what is required to ascertain its nature, properties, and proper operation.
14. The Consumer shall not have the right to withdraw from the agreement:
1) in the case of the provision of services for which the Consumer is liable to pay the price, if KIR has fully performed the service with the Consumer's express and prior consent, provided the Consumer was informed prior to the start of the performance that Consumer would lose the right of withdrawal once the contract has been fully performed by KIR, and has acknowledged this;
2) in which the subject of the performance is an article produced to satisfy the Consumer's individualized needs;
3) in which the subject of the performance are audio or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery.
15. The Certificate issuance service shall be fully performed upon the generation of the Certificate within the KIR system. From this moment – pursuant to Art. 38(1)(1) of the Consumer Rights Act of 30 May 2014 – the Consumer shall lose the right to withdraw from the agreement.
16. If a Private Key medium has been ordered, the Certificate issuance service referred to in Art. 15 also includes recording the Certificate and the Private Key on that medium. The legal effects of the performance of this service also apply to the Private Key medium.
17. KIR shall provide information about the Consumer’s consent to the performance of the service in circumstances resulting in the loss of the right of withdrawal no later than before the start of the performance of such services, in particular before the Consumer begins downloading the software.
18. KIR shall, immediately and no later than within 14 days of receipt of the Consumer's statement of withdrawal, refund all payments made by the Consumer, subject to Art. 19.
19. In the event of withdrawal from the agreement regarding the time-stamping service, KIR shall refund the payment to the Consumer, reduced by a proportional amount corresponding to the use of the service.
Art. 15
Complaint Procedure
1. Complaints, including those arising from KIR's liability for non-conformity of the Product with the Agreement or under warranty, should be submitted to the KIR Customer Contact and Operations Department in writing to the address: ul. Suraska 3A, 15 – 950 Białystok, or by e-mail to: kontakt@kir.pl.
2. When submitting a complaint, the Customer must provide all information and elements necessary to initiate the complaint-handling process, including, in particular, information about the computer hardware, software, and network connection used to access the Product.
3. KIR shall handle the complaint within 14 days of its submission.
4. KIR does not provide for any other out-of-court methods of handling complaints.
5. KIR does not provide for other out-of-court methods of pursuing claims or rules of access to such procedures.
6. KIR shall make every effort to ensure that any problem reported as part of technical support is resolved as quickly as possible.
7. Technical support is provided during the days and hours of the Helpline’s operation and at the Helpline number indicated on the website www.elektronicznypodpis.pl.
Art. 16.
Personal Data Protection
1. The controller of personal data processed in connection with these Terms of Service is KIR.
2. Personal data necessary to register and maintain an account in the Online Store are processed:
1) under Article 6(1)(b) of the GDPR (processing is necessary for the performance of the Agreement or to take steps at the request of the data subject prior to entering into the Agreement) – this provision applies to Consumers and Sole Traders;
2) under Article 6(1)(f) of the GDPR (processing is necessary for the purposes of the legitimate interests pursued by the controller) – this provision applies to persons acting on behalf of a Customer that is not a Consumer or a Sole Trader,
for the entire duration of the Customer’s account.
3. In connection with the operation of the Online Store, KIR processes the following personal data:
1) data entered into the Agreement or the Order;
2) the Customer's e-mail address and telephone;
3) the Customer's tax identification number;
4) Subscriber's data allowing for the confirmation of their identity, including: first name, last name, Personal Identification Number (PESEL), date of birth, place of birth, series and number of the identity document, and other data entered into the Certificate;
5) the Subscriber's e-mail address and telephone;
6) data provided for the issuance of an invoice;
7) data provided in connection with the handling of complaints;
8) data of the person authorised to collect a Certificate other than an electronic signature certificate.
4. Detailed information regarding the purposes, scope, and principles of personal data processing can be found in the Privacy Policy and in the Information on Personal Data Processing, available on KIR’s website at: www.elektronicznypodpis.pl/en/privacy-policy and https://www.kir.pl/o-kir/rodo.
Art. 17
Technical requirements
1. The necessary technical requirements for using the Online Store are as follows:
1) A computer or a mobile device with Internet access;
2) Web browser.
2. Meeting the above requirements is necessary but does not guarantee the successful use of the Online Store. Detailed technical requirements, including in particular the supported operating systems and computer hardware configuration, are available on the KIR website: www.elektronicznypodpis.pl.
Art. 18
Amendments to the Terms of Service
1. The current wording of the Terms of Service will always be available to Customers on the elektronicznypodpis.pl website in the Help tab (Legal basis).
2. Customers holding an account in the Online Store shall additionally be informed of any amendment to the Terms of Service by e‑mail.
Art. 19
Final provisions
1. In all matters not regulated in these Terms of Service, the relevant provisions of eIDAS and Polish law shall apply, in particular the provisions of the Act, the Civil Code, and the Consumer Rights Act of 30 May 2014.
2. These Terms of Service shall enter into force on 1 September 2026.