P.P.H.U METAL CUSTOM
ONLINE STORE TERMS AND CONDITIONS
§ 1 GLOSSARY
Whenever these regulations refer to:
1) Store – it ought to be understood as the online store available at www.metalcustom.pl run by the Seller, in which its users can purchase products offered by the Seller via the Internet.
2) Service Provider / Seller – it ought to be understood as Michał Chrzan conducting business activity under the name P.P.H.U. METAL CUSTOM Michał Chrzan ul. Kalinowa 21e 42-221 Częstochowa NIP 573-269-06-85 REGON 243161137 entered into the Central Register and Information on Economic Activity kept by the Minister competent for economy, email: info @ metalcustom.pl tel. +48 697 672 714
3) Service Recipient / Buyer – it shall mean a natural person, legal person or organizational unit without legal personality, but having legal capacity, who has concluded or intends to conclude a Sales Agreement with the Seller through the Store ,?
4) Order – an offer placed by the Buyer through the Store to conclude a Sales Agreement with the Seller,
5) Sales contract – a contract for the sale of Goods concluded between the Seller and the Buyer through the Store,
6) Goods – items offered for sale by the Seller via the Store,
7) Consumer – a natural person making a legal transaction with an entrepreneur not directly related to his business or professional activity,
8) Physical defect of a thing – a defect of a thing within the meaning of art. 5561 of the Act of April 23, 1964.
Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended)
9) Legal defect of a thing – a defect of a thing within the meaning of art. 5563 of the Act of April 23, 1964.
Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended)
§ 2. GENERAL PROVISIONS
1. These Regulations define the rules for concluding contracts between the Service Provider / Seller and the Buyer for the sale of Goods via the online store at www.metalcustom.pl.
2. These Regulations are the regulations referred to in art. 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended).
3. Michał Chrzan conducting business activity under the name FP.P.H.U. METAL CUSTOM Michał Chrzan ul. Kalinowa 21e 42-221 Częstochowa NIP 573-269-06-85 REGON 243161137, deals in the production and sale of products for off-road vehicles and sells only by mail order within the territory of the Republic of Poland.
4. Contact with the Store is possible at the email address: firstname.lastname@example.org or via the contact form available at the electronic address of the store www.metalcustom.pl or by phone: +48 697-672-714 (on business days from 9.00 until 16.00)
5. The service provided by the Service Provider electronically consists in enabling the conclusion of a sales contract between the Seller and the Buyer.
6. The technical condition required to use the services listed in paragraph 6 is the Customer’s access to a computer, web browser and Internet.
§ 3 CONDITIONS FOR CONCLUDING THE CONTRACT
1. The condition of using the Store’s services is to read these Regulations and accept them.
2. Commercial information and products posted on the Store’s electronic address do not constitute an offer within the meaning of the Civil Code, but are an invitation to submit offers.
3. The Seller reserves that he may not accept the purchase offer for important reasons.
4. The goods available in the Store are free from physical and legal defects within the meaning of the Civil Code.
5. The Product Price displayed on the e-mail address of the Store is given in Polish zlotys, it is a gross price and includes all components, including VAT. The prices, however, do not include delivery and payment costs, which are indicated when placing the Order, and are available on the shipping and payment subpage.
6. The Buyer is informed about the delivery costs by the Seller before proceeding with the Order. The condition of the Seller joining the order is that the Buyer accepts all the costs of the order.
7. The conclusion of the sales contract is based on the Order placed via the Internet.
8. Orders are accepted 7 days a week, 24 hours a day.
9. The Seller does not execute Orders on public holidays, in accordance with applicable regulations.
10. To place an order, the Buyer adds the goods to the basket using the button on the product card “add to basket”.
11. Acceptance of the basket is based on the “place order” button, as a result of which the Buyer is redirected to the option of completing the data of the Ordering Party and the Recipient.
12. In order to send an Order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the “Order with obligation to pay” button.
13. The person placing the order also declares that he has full legal capacity.
14. A correctly placed order should contain full and truthful data of the person placing the order:
– Buyer’s name or company name,
– contact details: city, code, street, apartment number,
– telephone and email address to verify the order and for the courier company to notify the status of the shipment,
– determining the purchased product by adding it to the cart,
– the price of the goods,
– delivery address if different from the address of residence / registered office.
15. Users of the Store’s services are prohibited from placing illegal content on the Store’s website (e.g. in the product feedback form).
16. The correct submission of the Order is confirmed by the Store by email sent to the Buyer’s electronic address.
17. Confirmation of receipt of the Order and its acceptance for implementation shall be made by sending an email to the Buyer, which contains:
– confirmation of all relevant elements of the Order,
– Seller’s statement about receiving the Order,
– Seller’s statement of acceptance of the Order for execution (acceptance of the offer),
– link to these Regulations.
18. The sales contract is considered to be concluded when the submitting party (the Buyer) receives the Seller’s statement of acceptance of the order, which is done by sending a return email to the Buyer.
19. Each sales contract will be confirmed by a receipt or, upon the Customer’s request, a VAT invoice.
§ 4 HOW TO PAY:
1. The seller provides the following payment methods:
– payment on delivery on delivery,
– cash payment on personal pickup,
– payment by traditional transfer to the Seller’s bank account indicated on the subpage Shipping and Payments.
2. The buyer is obliged to pay the price upon receipt of the goods or in the form of a prepayment to the store’s bank account.
3. The sale price does not include shipping costs, which have been provided on the subpage Shipping and Payments. (costs in Poland)
§ 5 ORDER COMPLETION
1. After confirming the order and in the case of payment by bank transfer, when the funds are credited to the Seller’s account, the order is processed which lasts up to 24 business days.
2. Orders are carried out by courier DPD, UPS, FedEX, DHL, or other.
3. The standard delivery time is 2 – 4 business days.
4. When delivering the goods, the Purchaser is asked to check, in the presence of the Supplier, whether the parcel has no damage resulting from transport, whether it is intact, in accordance with the Order and the Supplier’s confirmation of receipt of the ordered goods.
5. In the event of damage to the parcel (e.g. carton or tape), incompleteness or incompatibility of the parcel with the Order, the Purchaser is asked not to accept the parcel and to immediately report this fact to the supplier of the goods in order for the Supplier to draw up a Return Protocol.
6. Shipments to hotels, hospitals, large companies, administration offices and other types of institutions are delivered by courier to the reception or secretary’s office.
7. Personal pickup is possible at the Seller’s headquarters at: METAL CUSTOM ul. Współczesna 34 (entry from sports) 42-233 Lubojna between 9.00 and 16.00 – by phone – +48 697 672 714 arranging a date with the Seller.
8. The cost of issuing and collecting the product shall be borne by the Buyer.
§ 6. RIGHT TO WITHDRAW FROM THE CONTRACT
1. Pursuant to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014 item 827), the Buyer with the status of Consumer may withdraw from the contract of sale of goods purchased in the Store within 14 days without giving a reason. To meet the deadline, it is enough to send a statement of withdrawal from the contract before its expiry.
2. The period for withdrawing from the contract begins:
– for a contract under which the entrepreneur issues an item, being obliged to transfer its ownership – from taking possession of the item by the Consumer or a third party indicated by him other than the carrier, and in the case of a contract which:
a) covers many items that are delivered separately, in batches or in parts – from taking possession of the last item, batch or part,
b) consists in regular delivery of goods for a specified period of time – from taking possession of the first item,
– for other contracts – from the date of the contract
3. Withdrawal from the contract requires the submission of a statement of withdrawal from the contract, sent to the e-mail address of the Seller: email@example.com or by registered mail to the address of its registered office: P.P.H.U. METAL CUSTOM Michał Chrzan ul. Kalinowa 21e 42-221 Częstochowa. The consumer may formulate its content himself or use the model declaration constituting Annex 1 to these Regulations.
4. In the event of a declaration of withdrawal from the contract by electronic means, the Seller shall immediately send the consumer confirmation of receipt on a durable medium.
5. Returned goods cannot be used, except for the use necessary to check by the Consumer the conformity of the goods with the order. The consumer is liable for a decrease in the value of the Good as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good, unless the Seller has not informed him of his right of withdrawal.
6. In the event of withdrawal from the contract, the contract is considered void. If the Consumer submitted a statement of withdrawal from the contract before the Seller accepted his offer, the offer ceases to be binding.
7. The consumer who has made a statement of withdrawal from the contract is required to return the Goods to the Seller or hand them over to the person authorized by him immediately, but not later than within 14 days from the day on which he withdrawn from the contract, unless the Seller has offered to collect the goods. Commodity. The deadline will be met if the item is sent back before its expiry.
8. Returns should be made to the Seller’s address: METAL CUSTOM ul. Współczesna 34 (entry from the sports center) 42-233 Lubojna
9. The consumer bears the direct cost of returning the Goods, unless the Seller has agreed to bear them.
10. The Seller shall, no later than within 14 business days from the date of receipt of the declaration of withdrawal from the contract, return to the Consumer all payments made by him, including the costs of delivery of the Goods.
11. If the Consumer has chosen a delivery method other than the cheapest usual delivery method offered by the Seller, the Seller shall not be obliged to reimburse additional costs incurred by the Consumer.
12. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has agreed to a different method of return which does not entail any costs for him.
13. The Seller may withhold the reimbursement of the payment until receipt of the Good or until the Consumer provides proof of sending the Good, depending on which event occurs first. This does not apply if the Seller has offered personal collection of the goods.
14. The right to withdraw from the contract is not entitled in the cases specified in art. 38 of the Act on consumer rights, among others in relation to contracts:
a) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after its fulfillment by the entrepreneur will lose the right to withdraw from the contract
b) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawal;
c) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
d) in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;
e) in which the consumer explicitly demanded that the entrepreneur came to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those demanded by the consumer, or provides things other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in respect of additional services or items (…)
§ 7. COMPLAINTS
1. The seller is obliged to deliver the goods without defects. The seller is responsible for defects of goods (warranty) in accordance with the provisions of the Civil Code of April 23, 1963 (Journal of Laws of 1964, No. 16, item 93, as amended).
2. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the item to the Buyer. If the Buyer is a Consumer and the subject of the sale is a movable item, the Seller’s liability may be limited, not less than one year from the date of delivery of the item to the Buyer.
3. A claim for removal of a defect or replacement of a sold item for a non-defective one shall expire after one year from the date of finding the defect. If the Buyer is a Consumer, the limitation period may not end before the expiry of the period specified in paragraph 2.
4. Within the time limits specified in paragraph 3, the Buyer may submit a statement of withdrawal from the contract or a reduction in price due to a defect in the item sold. If the Buyer demanded replacement of the item for a non-defective one or removal of the defect, the deadline for submitting a statement of withdrawal from the contract or reduction of the price begins with the ineffective expiry of the deadline for replacing the item or removing the defect.
5. In the event of an investigation before a court or arbitral tribunal of one of the rights arising from a warranty, the time limit for exercising other rights due to the Buyer in this respect shall be suspended until the final termination of the proceedings.
6. The provision referred to in paragraph 5 shall apply accordingly to mediation proceedings, where the time limit for exercising other rights under the warranty vested to the buyer begins to run from the day the court refuses to approve the settlement concluded before the mediator or the ineffective termination of mediation.
7. The expiry of the deadline for finding a defect does not exclude the exercise of warranty rights, if the seller has fraudulently concealed the defect.
8.If the buyer is a Consumer and the physical defect was found within one year from the date of delivery of the sold item, it is presumed that the defect or its cause existed at the time the danger passed to the Buyer.
9. Complaints under the warranty can be made in writing to the address of the Seller: P.P.H.U. METAL CUSTOM Michał Chrzan ul. Kalinowa 21e 42-221 Częstochowa, or in electronic form to the email address: firstname.lastname@example.org
10. The Buyer who exercises the rights under the warranty is obliged at the expense of the Seller to deliver the defective item to the address indicated in paragraph 9.
11. The Seller is released from liability under the warranty if the Buyer knew about the defect at the time of conclusion of the contract.
12. When the subject of sale are items marked only as to the species or things that are to arise in the future, the Seller is released from liability under the warranty, if the Buyer knew about the defect at the time of delivery of the item. This provision shall not apply when the Buyer is a Consumer.
13. The seller is liable under the warranty for physical defects that existed at the time the danger passed to the buyer or resulted from a reason inherent in the item sold at the same time.
14. When selling between entrepreneurs, the buyer loses the rights under the warranty, if he did not examine the item in time and in the manner adopted for such things and did not immediately inform the Seller about the defect, and if the defect came to light only later – if he did not inform the Seller immediately after her statement.
15. In the cases provided for in para. 14, the loss of rights under the warranty for physical defects does not occur despite failure to meet the deadlines for the Buyer to examine the item or to notify the Seller about the defect, if the seller knew about the defect or assured the Buyer that the defect does not exist.
16. The expiry of the deadline for finding a defect does not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.
17. The seller recognizes a complaint under the warranty within 14 days of its receipt. If, within 14 days, the Seller fails to respond to the Buyer’s requests, it means that the request was considered justified. The seller is released from liability under the warranty if the buyer knew about the defect at the time the contract was concluded.
18. The consumer may also use extrajudicial means of dealing with complaints and redress, such as: Mediation at provincial inspectorates of the Trade Inspection, Permanent Consumer Arbitration Courts, Consumer Ombudsmen, NGOs.
§ 8 PERSONAL DATA
1. The administrator of the database of personal data provided by customers of the online store is the Seller.
2. Personal data provided to the Seller are voluntarily provided to him at the time of registration and the creation of the customer’s account, with the proviso that failure to provide the data specified in the Regulations makes it impossible to register, place and place an order. Personal data will be used to perform and process the order by the Seller.
2. Buyers have the right to inspect the content of their personal data, correct and delete it.
3. The Seller undertakes to carefully store the Buyer’s personal data and not to disclose such data to third parties without his consent.
4. After the Buyer’s prior consent, personal data may be used for the Seller’s marketing purposes.
5. The buyer may agree to receive free information about the store to the email address provided by him in accordance with the Act of 18 July 2002 on the provision of electronic services.
6. The buyer may withdraw his prior consent to the processing of his personal data. To do this, log in to your profile and withdraw your consent.
6. In the cases specified in the Personal Data Protection Act (Journal of Laws 1997 No. 133, item 883, as amended), the Seller undertakes to notify the Personal Data Collection to the Inspector General for Personal Data Protection.
§ 9 CHANGES TO THE REGULATIONS
1. For important reasons, the provisions of the Regulations may be subject to change (in particular in the event of a change in the Seller’s business profile, a change in the scope of services, a change in the company and address data, a change in the Seller’s legal form, and where the need to amend the Regulations results directly from a change in the law) .
2. The Service Recipient will be informed about the content of the changes by posting on the website www.metalcustom.pl a message about the change in the Regulations containing a list of changes to the Regulations and maintaining this information for a period of at least 14 calendar days.
3. Buyers who have registered a Customer Account in the online store will be additionally notified of a change in the Regulations by information sent to the e-mail address (e-mail address) provided in the registration form.
4. In the absence of acceptance of the amendment to the Regulations, the Buyer who has registered the Customer Account in the online store has the right to terminate the contract for the provision of the Customer Account service. A declaration of termination of the contract may be submitted within 14 calendar days from the date of receipt to the e-mail address (e-mail address) of information on the amendment of the Regulations by sending the Seller via e-mail to the following address: email@example.com, requests to delete the Customer Account along with indication of the e-mail address (e-mail address) currently registered in the online store.
§ 10 FINAL PROVISIONS
1. Agreements concluded via the Online Store are concluded in accordance with Polish law and in Polish.
2. The parties shall endeavor to resolve any disputes amicably, and in the absence of such possibility, locally and materially competent common courts.
3. Agreements concluded until December 25, 2014 are subject to the provisions of the Act of March 2, 2000 on the protection of consumer rights and liability for damage caused by a dangerous product (Journal of Laws of 2000, item 271, as amended). ) and the regulations in their current wording, which is available on the website at the electronic address www.fabryka4x4.pl.
4. These regulations shall enter into force within 14 days of being announced. The existing regulations apply to contracts concluded from December 25, 2014, taking into account changes in favor of consumers introduced by the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827).
5. In matters not covered by these Regulations, the provisions of the Civil Code, the Act on the provision of electronic services of 18 July 2002, the provisions of the Act of 30 May 2014 on consumer rights and other relevant provisions of Polish law shall apply.
Annex No. 1 – Model withdrawal form.
Consumer’s name and surname: ……………….
Paweł Majka conducting business activity
Factory 4×4 Limited Liability Company P.P.H.U. METAL CUSTOM Michał Chrzan
ul. Kalinowa 21e
on withdrawal from a distance contract
I declare that pursuant to art. 27 of the Act of 30 May 2014 on consumer rights
I withdraw from the contract ……………………………………….. …………………. no. ……………. …………… ..
concluded on ………………………………………… ……in……………………………………. …………………..,
Date of receipt of the goods ……………………………………………………………………………………………………………
I am asking for a refund of ……………….. PLN (say: …………………. ………………………………………….. )
by postal order to the address ………………………………………. …………………………………………
or to account no ………………………………………. ………………………………………….. …………………….
(only when the form is sent in paper version)