§ 1 Preliminary Statements
1. Maciej Pedryc running a business under the name OLDTIMER SERVICE Maciej Pedryc, Łoś, ul. Sołecka 6A, 05-504 Złotokłos, Poland, NIP: 1230982585, REGON: 144825803 registered in the Central Registration and Information on Business (CEIDG) is a party to contracts for the sale of goods, contracts for specific work and provision of services concluded via the website www.oldtimerservice. net.pl, or e-mail at: firstname.lastname@example.org
2. Contact details:
a. Address: Łoś, ul. Sołecka 6A, 05-504 Złotokłos, Poland
b. Phone: +48 663303383
c. Email address: email@example.com
d. Facebook fanpage address: www.facebook.com/OldtimerServicePoland
e. Seller’s bank account numbers:
PLN account: 36 1140 2004 0000 3402 7779 0253
EUR account: PL 54 1140 2004 0000 3212 0675 0006
f. Seller’s PayPal account address: firstname.lastname@example.org
3. These Regulations are addressed to all Customers, both to Consumers and Entrepreneurs and specifiy in particular the principles and procedures for concluding and implementing Agreements with a Customer at a distance and the principles of complaint procedures.
§ 2 Definitions
1. Whenever these Terms and Conditions use the following terms, it should be understood as:
a. Seller – Maciej Pedryc operating under OLDTIMER SERVICE Maciej Pedryc is a party to the sales agreement within the meaning of point l);
b. Website – http://www.oldtimerservice.net.pl
c. E-Mail address – email@example.com
d. Customer – a natural person concluding a contract with the Seller within the Store whose subject is not directly related to his economic or professional activities
e. Entrepreneur – natural person, legal person and organizational unit not a legal person whose separate law confers legal capacity, performing on his own behalf an economic activity;
f. Customer – both Consumer and Entrepreneur buyer product within the meaning of point j);
g. Distance Agreement – contract concluded with the Customer under an organized distance agreement system, without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication to the date of conclusion of the contract inclusive;
h. Terms and Conditions – these Terms and Conditions;
i. Order – a statement of the Customer’s will made by e-mail or contact form available on the Seller’s website specifying in particular the unique type and quantity of Products, aimed directly at the conclusion of the Sales Agreement;
j. Product – available on the website of the movable property/service subject to the Sales Agreement between the Customer and the Seller;
k. Product catalogue number – the number visible at the Product in the catalogue located on the Seller’s website;
l. Sales Agreement – Sales Agreement of the Product concluded via website or e-mail under the terms and conditions laid down in the Terms and Conditions, having effect between the Customer and the Seller. The Sales Agreement also means – depending on the characteristics of the Product – service contract and contract for specific work.
m. Due date for the order – this is the number of working days in which the Seller completes the order and forwards it to the Carrier, the beginning of which is counted from the date of recognition of the Seller’s bank account; this is not the time limit equivalent to the date of delivery of the Product;
§ 3 Product Characteristics
1. The seller offers motorcycle parts available in the catalogue located on its website at: http://www.oldtimerservice.net.pl/parts-catalog and saddler repair services for leather components for motorcycles, in particular the repair of the saddles, and bags.
2. The information on the Products provided on the Seller’s website, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude the contract within the meaning of Article 71 of the Civil Code.
§ 4 Technical data
It is necessary to meet the following conditions to conclude a sales contract with the Seller via the website or e-mail:
a. have a computer or other media device with Internet access;
b. have a properly configured web browser that accepts Cookies, like Microsoft Internet Explorer or Mozilla Firefox, Opera or Google Chrome;
c. have enabled cookies;
d. have active email account (E-mail);
§ 5 Placing an Order and concluding a contract
1. The Customer may purchase the Products that are located in the Seller’s catalogue by placing an order.
2. Before placing the order, the Customer is obliged to read the Seller’s information, the provisions of these Terms and Conditions and the information clause concerning the processing of personal data.
3. The Customer may place the order through the:
a. contact form available on the Seller’s website;
b. by sending a message to the Seller’s email address
4. In order to successfully place an order, it is necessary to provide:
a. Product part number;
b. quantity of the Product ordered;
c. name and surname ( or company name );
d. data to the invoice, in particular the Tax ID number ( for business customers only );
e. delivery address;
f. phone number;
g. payment method;
5. Once the order has been placed, the Customer will receive a return e-mail confirming the acceptance of the contract together with the annexes in pdf format in the form of these Terms and Conditions, a blank form of declaration of withdrawal from the contract, which comply with therefore annexed to the Consumer Rights Act of 30 May 2014.
6. The content of the order confirmation referred to in paragraph 5 above, the Seller confirms the availability of each of the ordered Products, provides the final amount to be paid including the delivery cost and informs about the date of the contract, as well as the need to accept these regulations.
7. Acceptance of the content of the confirmation referred to in paragraph 5 and the content of these regulations is the moment of conclusion of the Sales contract between the Customer and the Seller.
8. Reading and accepting these Regulations is an essential element of the ordering process, which the Customer confirms before finalizing the order. The lack of acceptance on the Customer’s side of these Regulations during the ordering procedure prevents the conclusion of the Sales contract.
§ 6 Price of goods and payment terms
1. The prices of the Products are listed in the product catalogue referred to in § 3 relate to a single item of the Product, are set out in euro (EUR) and are gross prices (including VAT) but do not include the cost of delivery.
2. If the Customer wishes to fulfill the payment in Polish currency (PLN) then the item for payment shall be the equivalent of the amount X EUR converted to PLN at the average rate of National Bank of Poland (NBP) announced on the date of placing the order.
3. The Seller has the right to change the prices of the Products, provided that this will not apply to orders placed before the price change, so the price of the Product concluded on the Internet at the time of the Order is placed by the Customer.
4. The Seller shall, as proof of sale, issue a VAT invoice subject to paragraph 5. Only if you sell to the Polish Consumer, the Seller will issue a receipt to the contract and the VAT invoice only if such a desire is expressed in ordering and providing the data necessary for its issue. Accounting documents are delivered to the Customer together with the Product.
5. The seller issues a 0% VAT invoice to all customers outside European Union, and to entrepreneurs from the European Union who have a valid EU VAT tax identification number.
6. The Customer has the following payment methods to choose from for the Products ordered:
a. prepayment by bank transfer to the Seller’s bank account
b. online payment via PayPal
7. The Customer is obliged to make the payment within 14 calendar days from the date of the Sale Agreement – otherwise the Seller will set an additional deadline for the Customer to make the payment, about which he will inform the Customer by sending information on the Customer’s e-mail address. The information about the additional payment deadline also contains information that after the expiry of this deadline, the Seller will withdraw from the sales contract. In the event of the ineffective expiry of the second payment deadline, the Seller will send the Customer a durable medium, i.e. in the form of an electronic message to the Customer’s e-mail address, a statement of withdrawal from the sales contract pursuant to art. 491 of the Civil Code.
§ 7 Product Delivery
1. The delivery of the Product is carried out only through a courier company.
2. The delivery will be made after the funds are credited to the Seller’s bank account, within the deadline given in the order confirmation referred to in § 5 paragraph 5.
3. The delivery of the Product to the Customer is paid and the exact date of delivery of the product is indicated in the order confirmation and varies depending on the selected delivery option and place of delivery.
4. The customer is obliged to pay the duty if payment of such duty is necessary for the transaction, in accordance with the rates and calculations of the customs office of the country.
5. The customer should examine the delivered parcel in time and in the manner accepted for parcels of a given type in the presence of an employee of the carrier. In the event of a defect or damage to the parcel, the Customer has the right to require the carrier’s employee to draw up a proper protocol for defect or damage to the parcel, in accordance with separate provisions of generally applicable law.
6. If the invoice includes different VAT taxes (e.g. 0% for the Product and 23% for the cost of delivery) the cost of delivery will be included in the price of the Product.
§ 8 The right to withdraw from the contract
1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason, subject to section 13 below (exclusion of the right of withdrawal).
2. The time limit specified in section 1 begins with the delivery of the Product to the Consumer or a person designated by him other than the carrier.
3. The consumer may withdraw from the contract by submitting to the Seller a statement of withdrawal from the contract. To meet the deadline for withdrawing from the Contract, it is sufficient for the Consumer to send a statement before this deadline.
4. The statement may be sent by traditional mail or by electronic means by sending the statement to the Seller’s email address – the Seller’s contact details are specified in § 1.
5. The statement can be made on the form, an example of which is attached to the Act of 30 May 2014 on consumer rights, and which is sent to the Consumer together with the order confirmation, but it is not mandatory.
6. If the Consumer sends a statement electronically, the Seller will immediately send the Consumer the confirmation of receipt of the statement of withdrawal from the Agreement to the e-mail address provided by the Consumer.
7. Consequences of withdrawal from the Agreement:
a. In the event of withdrawal from a Distance Agreement, the Contract is considered null and void. If the Consumer submitted a statement of withdrawal from the Agreement before the Seller accepted his offer, the offer ceases to be binding.
b. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement, all payments made by him, including the costs of delivery. If the Consumer had chosen a method of Product delivery other than the cheapest regular delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
8. The seller will refund the payment using the same payment methods that were used by the consumer in the original transaction, unless the consumer has expressly agreed to another solution that will not evoke any costs.
9. The Seller may withhold reimbursement until the receipt of the Product sent back or until proof of its return is provided to him, whichever occurs first.
10. The Consumer should return the Product to the Seller’s address provided in these Regulations immediately, no later than in 14 days from the day on which he informed the Seller about the withdrawal from the Agreement, unchanged. The deadline will be met if the Consumer sends the Product back within 14 days.
11. The consumer is obliged to bear the direct costs of returning the goods, in particular customs and taxes associated with returning the goods.
12. The consumer is responsible for reducing the value of the Product resulting from using it in a different way than was necessary to determine the nature, characteristics and functioning of the Product, which means that the Seller may reduce the value of the goods if he finds traces of use other than necessary to evaluate the Product.
13. The right to withdraw from a distance contract is not granted to the Consumer in relation to the Contract:
a. 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,
b. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
c. for the provision of services, if the Seller has fully performed the service with the expressed consent of the Consumer, who was informed before the beginning of the service that after the performance of the service by the Seller he will lose the right to withdraw from the Agreement,
d. in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things.
§ 9 Complaint
1. The seller is obliged to provide the customer with a product free from defects.
2. In the event of a defect purchased from the Product Seller, the Customer has the right to a complaint based on the provisions on the warranty in the Civil Code.
3. The complaint must be submitted in writing or electronically to the Seller’s address provided in these Terms and Conditions and the proof of purchase submitted to the Seller in this Terms and Conditions.
4. It is recommended that the complaint will include a concise description of the defect, the circumstances (including the date) of its occurrence, the customer’s data complaining, and the Customer’s request in connection with the defect of the Product.
5. The Seller shall respond to the complaint request without delay, no later than 14 days and notify the Customer how to proceed further.
6. Products sent under the complaint procedure should be sent to the address given in § 1 of these Regulations. In the case of a Customer who is a Consumer, the cost of delivery is covered by the Seller. If the Customer is the Entrepreneur, the delivery costs and customs fees shall be borne by the Seller only if the complaint is accepted, in other cases they shall be charged to the Customer.
§ 10 Seller’s responsibility
The Seller is liable for non-performance or improper performance of the contract, while in the case of contracts concluded with Entrepreneurs, the Seller shall be liable only in the event of intentional damage, within the limits of actually incurred losses by the Entrepreneur.
§ 11 Out-of-court ways of handling complaints and redress
1. Each customer can use out-of-court complaint and redress methods.
2. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the headquarters and on the websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Provincial Inspectorates of Inspection Handlowa and at the following internet addresses of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php oraz
3. The President of the Office of Competition and Consumer Protection also has a contact point for out-of-court settlement of consumer disputes and an online system for resolving consumer disputes, which includes, among others, assisting consumers in matters relating to out-of-court resolution of consumer disputes, in particular in cases of disputes arising from cross-border contracts concluded with consumers.
§ 12 Protection of Personal Data
1. The administrator of personal data of Customers provided voluntarily to the Seller, in the course of placing Orders and performance of the Sales Agreement, or other circumstances specified in the Regulations, is the Seller.
2. All personal data is processed by the Seller in accordance with the provisions, in particular Regulation (EU) 679/2016 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repeal Directive 95/46 / EC (Journal of Laws EU L of 4 May 2016) and the Act of 10 May 2018 on the protection of personal data (Journal of Laws 2018 item 1000, as amended).
3. Detailed information regarding the processing of Customers’ personal data can be found in the Information Clause, which is an integral part of these Regulations, and available on the website in the tab: www.oldtimerservice.net.pl/information-clause/
§ 13 Final Provision
1. The content of these Regulations may be recorded at any time by printing, saving to a carrier or downloading from the Website.
2. The law applicable to the Agreement is Polish law, according to which the Agreement should be interpreted. In matters not covered by the Agreement, the provisions of the Polish Civil Code and relevant provisions of Polish law shall apply.
3. Record of paragraph 2 applies, if provided that it does not lead to the deprivation of the Consumer protection granted to him on the basis of provisions that cannot be excluded by contract, the country of residence of the Consumer.
4. Any dispute not resolved amicably shall be addressed by the competent ordinary court.
5. The Seller may amend the Regulations. Information about changes to the Regulations will be posted on the Website and maintained on it for at least 14 consecutive business days. For orders placed before the entry into force of amendments to the Regulations, the provisions of the Regulations in force at the time of placing the order by the Customer shall apply.
The Terms and Conditions shall enter into force on the: 01.12.2019