The AUTOTRANS online store, available at autotrans.stronazen.pl, is operated by AUTOTRANS Piotr Jamski, a company registered in the Central Registration and Information on Business (CEIDG) maintained by the Minister of Economy, Tax Identification Number (NIP) 664-108-45-20.
These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store. They define the rules for using the Online Store and the rules and procedures for concluding Sales Agreements with Customers remotely via the Store.
§ 2 Definitions
Consumer - a natural person entering into a contract with the Seller within the Store, the subject matter of which is not directly related to their business or professional activity.
Seller - a natural person conducting business under the name AUTOTRANS, entered into the Central Register and Information on Business Activity (CEIDG) maintained by the minister responsible for economic affairs, Tax Identification Number (NIP) 664-108-45-20.
Customer - any entity making purchases through the Store.
Entrepreneur - a natural person, legal entity, or organizational unit without legal personality, granted legal capacity by a separate act, conducting business activity on its own behalf, and using the Store.
Store - an online store operated by the Seller at autotrans.stronazen.pl.
Distance Contract - a contract concluded with the Customer as part of an organized distance contracting system (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
Terms and Conditions - these Store Terms and Conditions.
Order - a declaration of intent by the Customer submitted via the Order Form, directly leading to the conclusion of a Product Sales Agreement or Products with the Seller.
Account - a customer account in the Store, which collects data provided by the Customer and information about Orders placed by the Customer in the Store.
Registration Form - a form available in the Store, enabling the creation of an Account. Order Form - an interactive form available in the Store, enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Cart - a component of the Store's software, which displays the Products selected by the Customer for purchase, and allows the Customer to determine and modify the Order data, in particular the quantity of products.
Product - a movable item/service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
Sales Agreement - a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store. A Sales Agreement also means - in relation to the Product's features - a service agreement and a contract for specific work.
§ 3 Contact with the Store
Seller's address: ul. Lipie-Henryk Szyb 1C, Lipie, 27-230 Brody
Seller's email address: autotrans@e.pl
Seller's telephone number: +48 602 409 645
Seller's bank account number (ING Bank): 02 1050 1432 1000 0091 3311 8944 EURO
The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
The Customer may communicate with the Seller by telephone from 9:00 a.m. to 5:00 p.m local time zone.
§ 4 Technical requirements
To use the Store, including browsing the Store's assortment and placing orders for Products, the following are required:
a terminal device with Internet access and a web browser,
active e-mail account,
cookies enabled.
§ 5 General information
To the fullest extent permitted by law, the Seller is not liable for any disruptions, including interruptions in the operation of the Store, caused by force majeure, unauthorized actions of third parties, or incompatibility of the Online Store with the Customer's technical infrastructure.
Browsing the Store's assortment does not require creating an Account. The Customer may place orders for Products in the Store's assortment either by creating an Account in accordance with the provisions of § 6 of the Terms and Conditions, or by providing the necessary personal and address information to complete the Order without creating an Account.
The prices listed in the Store are given in Polish zloty and are gross prices (including VAT).
The final amount payable by the Customer consists of the price of the Product and the cost of delivery (including transportation, delivery, and postal fees), which the Customer is informed about on the Store's website when placing the Order, including when expressing their intention to enter into a Sales Agreement.
In the case of a Contract involving a subscription or provision of services for an indefinite period, the final price is the total price including all payments for the billing period.
If the nature of the subject matter of the Contract does not reasonably allow for the final price to be calculated in advance, information on the method of price calculation, as well as transportation, delivery, postal, and other costs, will be provided in the Store in the Product description.
§ 6 Creating an Account in the Store
To create an Account in the Store, complete the Registration Form. The following information is required: First name, Last name, email address, telephone number, date of birth, company name (optional), and Tax Identification Number (NIP).
Creating an Account in the Store is free.
Logging in to the Account is done by providing the login (email address) and password specified in the Registration Form.
The Customer may delete their Account at any time, without providing a reason and without incurring any fees, by sending an appropriate request to the Seller, in particular via email or in writing to the addresses provided in § 3.
§ 7 Rules for placing an order
In order to place an Order, you must:
log in to the Store (optional),
select the Product that is the subject of the Order and then click the "Add to cart" button,
log in or use the option of placing an Order without registration,
if the option of placing an Order without registration is selected - complete the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice details, if different from the details of the Order recipient,
click the "Order and pay" button,
select one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 8 point 3.
§ 8 Offered delivery and payment methods
The Customer may use the following methods of delivery or collection of the ordered Product:
Courier delivery, cash on delivery,
Personal collection available at: ul. Lipie-Henryk Szyb 1C, Lipie, 27-230 Brody
The Customer may use the following payment methods:
Cash on pick-up,
Cash on delivery,
Payment by bank transfer to the Seller's account
Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.
§ 9 Execution of the sales contract
The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing occurs by the Seller sending the Customer an appropriate email to the Customer's email address provided during the Order placement process. The email message contains at least the Seller's statement of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
If the Customer chooses: a. payment by bank transfer, electronic payment, or payment by card, the Customer is obligated to make the payment within ... calendar days from the date of conclusion of the Sales Agreement - otherwise, the order will be canceled. b. cash on delivery - the Customer is obligated to make the payment upon delivery. c. cash payment upon personal collection of the shipment, the Customer is obliged to make the payment upon collection of the shipment within 7 days from the date of receipt of information about the readiness of the shipment for collection.
If the Customer has selected a delivery method other than personal collection, the Product will be shipped by the Seller within the time specified in the Product description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order: a. in the case of ordering Products with different delivery times, the delivery date is the longest specified date. b. in the case of ordering Products with different delivery times, the Customer may request delivery of the Products in parts or delivery of all Products after the entire order is completed.
The beginning of the Product delivery period to the Customer is counted as follows: a. if the Customer selects payment by bank transfer, electronic payment, or payment card – from the date the Seller's bank account is credited. b. if the Customer selects cash on delivery – from the date of conclusion of the Sales Agreement.
If the Customer selects personal collection of the Product, the Product will be ready for collection by the Customer within the time specified in the Product description. The Seller will additionally inform the Customer of the Product's readiness for collection by sending an appropriate email to the Customer's email address provided when placing the Order.
If you order Products with different readiness dates for collection, the longest date provided will be considered the readiness date.
The period for which the Product is ready for collection by the Customer begins to run as follows: a. if the Customer chooses payment by bank transfer, electronic payment, or payment card – from the date the payment is credited to the Seller's bank account. b. if the Customer chooses cash upon collection – from the date of conclusion of the Sales Agreement.
Product delivery takes place within Poland and the European Union.
§ 10 Right of withdrawal
Every customer, including consumers and entrepreneurs making purchases for business-related purposes, but not for professional purposes, has the right to withdraw from the Sales Agreement within 14 days without giving any reason.
Entrepreneurs making purchases for business-related purposes, but not for professional purposes, have the right to withdraw from the Agreement within 14 days.
The period specified in paragraph 1 begins on the date of delivery of the Product to the Consumer or a person designated by the Consumer other than the carrier.
In the case of a Contract covering multiple Products delivered separately, in batches, or in parts, the period specified in paragraph 1 begins on the delivery of the last item, batch, or part.
In the case of a Contract involving the regular delivery of Products for a specified period (subscription), the period specified in paragraph 1 begins on the date of taking possession of the first item.
The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the declaration before the expiry of this deadline.
The declaration may be sent by traditional mail or electronically by sending the declaration to the Seller's email address – the Seller's contact details are specified in § 3. The declaration may also be submitted on the form, a template of which is attached as Annex 1 to these Terms and Conditions and as an annex to the Act of 30 May 2014 on Consumer Rights, but this is not mandatory.
If the Consumer sends the declaration electronically, the Seller will immediately send the Consumer a confirmation of receipt of the declaration of withdrawal to the email address provided by the Consumer.
Consequences of withdrawal: a. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded. b. In the event of withdrawal from the Agreement, the Seller shall immediately refund to the Consumer, no later than 14 days from the date of receipt of the Consumer's notice of withdrawal. c. All payments made by the Consumer, including delivery costs, excluding additional costs resulting from the Consumer's choice of a delivery method other than the least expensive standard delivery method offered by the Seller. d. The Seller shall refund the payments using the same payment methods used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for the Consumer. The Seller may withhold the refund until the Product is received back or until proof of shipment is provided, whichever comes first. e. The Consumer should return the Product to the Seller's address specified in these Terms and Conditions without delay, no later than 14 days from the date on which the Consumer informed the Seller of their withdrawal from the Agreement. The deadline will be met if the Consumer returns the Product before the 14-day period expires. f. The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by regular mail. g. The Consumer is only liable for any diminished value of the Product resulting from its use other than what was necessary to establish the nature, characteristics, and functioning of the Product.
If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the costs of returning the Product, will be included in the Product description in the Store.
The right to withdraw from a distance contract does not apply to the Consumer in the following cases: a. where the subject of the contract is a non-prefabricated item, manufactured according to the Consumer's specifications or intended to meet their individual needs, b. where the subject of the contract is an item delivered in a sealed package that cannot be returned after opening for health or hygiene reasons if the package was opened after delivery, c. where the subject of the contract is an item that spoils quickly or has a short shelf life, for the provision of services, d. if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the contract that after the Seller has performed the service, e. the Consumer will lose the right to withdraw from the contract, where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period, f. where the subject of the performance are items that, due to their nature, are inseparably combined with other items after delivery, g. where the subject of the performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control, h. where the subject of the performance are audio or visual recordings or computer programs delivered in a sealed package, if the package is opened after delivery, i. for the delivery of newspapers, periodicals, or magazines, with the exception of subscription agreements, j. for the delivery of digital content that is not recorded on a tangible medium, if the performance of the performance began with the Consumer's express consent before the expiry of the withdrawal period and after the Seller has informed them of the loss of the right of withdrawal.
In the event of exercising the right to withdraw from the contract, 14-day withdrawal period, the cost of returning the goods is borne by the buyer.
§ 11 Complaints and warranty
The Sales Agreement covers new Products.
The Seller is obligated to deliver a defect-free item to the Customer.
In the event of a defect in a product purchased from the Seller, the Customer has the right to file a complaint based on the warranty provisions of the Civil Code.
Complaints should be submitted in writing and send to seller addresses: Lipie-Henryk Szyb 1C, Lipie, 27-230 Brody or via e-mail address: sklep@akcesoria-plandekowe.pl.
It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer's request regarding the defect of the goods.
The Seller will respond to the complaint promptly, and if the Customer is a Consumer, no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint within 14 days, the Customer's request is deemed justified. Goods returned under the complaint procedure should be sent to the address provided in § 3 of these Terms and Conditions.
If a warranty has been granted for the Product, information about it and its content will be included in the description of the Product in the Store.
§ 12 Extrajudicial methods of handling complaints and pursuing claims
Detailed information on the possibility for the Consumer to use extrajudicial methods of dealing with complaints and pursuing claims as well as the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
The Consumer has the following exemplary possibilities of using extrajudicial methods of dealing with complaints and pursuing claims: a. The Consumer is entitled to apply to a permanent consumer arbitration court, referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller. b. The Consumer is entitled to contact the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Consumer and the Seller. c. The Consumer may obtain free assistance in resolving the dispute between them and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
§ 13 Personal data in the Online Store
The administrator of Customers' personal data collected through the Online Store is the Seller.
Customers' personal data collected by the administrator through the Online Store are collected for the purpose of fulfilling the Sales Agreement and, if the Customer consents, also for marketing purposes.
The recipients of Customers' personal data in the Online Store may be: a. In the case of a Customer who uses the Online Store's delivery method by post or courier, the Administrator makes the collected Customer's personal data available to a selected carrier or intermediary handling shipments on behalf of the Administrator. b. In the case of a Customer who uses the Online Store's electronic payment method or payment card, the Administrator makes the collected Customer's personal data available to a selected entity handling these payments in the Online Store.
The Customer has the right to access and correct their data.
Providing personal data is voluntary, however, failure to provide the personal data required to conclude the Sales Agreement as specified in the Terms and Conditions will result in the inability to conclude the agreement.
§ 14 Final provisions
Agreements concluded through the Online Store are concluded in Polish.
The Seller reserves the right to amend the Regulations for important reasons, including: changes in legal provisions, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of each change at least 7 days in advance.
In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Consumer Rights Act; the Personal Data Protection Act.
Polski
