Regulations of the online store "Traktor.com.pl"

§1 Definitions

§2 General Provisions

§3 Services and general terms of service

§4 Sales contract

§5 Order fulfillment time and delivery

§6 Payment methods

§7 Warranty for defects in the Goods

§8 Withdrawal from the sales contract

§9 Withdrawal from the contract for the provision of electronic services and complaint proceedings

§10 Responsibility

§11 Personal data

§12 Final Provisions

Attachments

Admission

The online store available at http://traktor.com.pl (hereinafter referred to as the "Online Store") is run by Wojciech and Miłosz Begin running a business under the name: Traktor.com.pl SC Wojciech and Miłosz Początek, in Rzeszów 35-615 at Leszka Czarnego 8, NIP: 8133840648, REGON: 386341220, telephone: +48 17 85 85 858, e-mail: info@traktor.com.pl.

These regulations define the types and scope of the provision of electronic services via the Online Store, the rules for concluding sales contracts via the Online Store, the rules for the performance of these contracts, the rights and obligations of the Customer and the Seller, and the procedure for withdrawing from the contract and complaint procedure.

§1 Definitions

1. Online store - an online store available at http://traktor.com.pl.

2. Seller - Traktor.com.pl SC Wojciech and Miłosz Początek, in Rzeszów 35-615 at Leszka Czarnego 8, NIP: 8133840648, REGON: 386341220,

3. Customer - a natural person, legal person or an organizational unit without legal personality, the law of which grants legal capacity, concluding an agreement with the Seller,

4. Consumer - a natural person who performs a legal transaction with the Seller not directly related to its business or professional activity, in particular who places an order in the Store.

5. Service - electronic services provided by the Seller via the Online Store.

6. Sales contract - a distance contract concluded between the Customer and the Seller via the Online Store, the subject of which is the purchase of the Goods.

7. Goods - a product, a movable item that the Customer purchases via the Online Store.

8. Customer account - a collection of resources in the Seller's IT system, in which information about the Customer is collected, including address information and order history.

9. Order form - a form available in the Online Store that allows you to make a purchase.

10. Registration form - a form available in the Online Store that allows you to create a Customer Account.

11. Business day - one day from Monday to Friday, excluding public holidays.

§2 General provisions

1. The Seller undertakes to provide services to the Customer to the extent and under the conditions specified in the Regulations.

2. In order to ensure the security of messages and data provided in the Online Store, the Seller takes technical and organizational measures appropriate to the degree of risk, in particular measures to prevent the unauthorized acquisition and modification of personal data sent via the Internet. The Seller ensures the security of data transmission provided in the Online Store by using the SSL protocol (SecureSocketLayer).

3. The Customer undertakes to use the Online Store in accordance with applicable law and the principles of social coexistence.

4. The Customer using the Seller's Services is obliged to comply with these Regulations.

5. The Seller complies with the principles of the protection of personal data of customers in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 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 the repeal of Directive 95/46 / WE (Journal of Laws UE.L No. 119, p. 1) (" GDPR "). The Customer agrees to the collection, storage and processing of personal data by the Seller in order to perform the ordered service. Detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the "Privacy Policy" of the Online Store.

6. If the goods are covered by the manufacturer's guarantee, the rules, period and mode of exercising the rights resulting from the guarantee are specified in the guarantee card delivered to the Buyer along with the purchased goods. The guarantee does not exclude or limit the possibility for the Buyer to use the rights resulting from the warranty for defects in the goods.

7. The goods available in the Online Store are new, free from physical and legal defects.

8. The seller carries out orders on the territory of Poland. Orders are also carried out outside Poland after prior arrangement of the terms and costs of delivery.

9. The goods have been legally introduced to the Polish market. Information on the Goods on the website of the Online Store constitutes an invitation to conclude a contract within the meaning of art. 71 of the Act of 23 April 1964 Civil Code.

10. All prices listed on the Online Store website are given in Polish zlotys (PLN), they are gross prices including VAT, customs duties and other components.
    
    
    

§3 Services and general conditions for the provision of services

1. The Seller, via the Online Store, provides electronic services consisting of:

• enabling the completion of the order form in order to conclude sales contracts,
• enabling registration and keeping a Customer Account,
• sending customers information about promotions and Goods in the form of a "Newsletter".

2. Services specified in sec. 1 are provided free of charge.

3. The contract for the provision of electronic services in the form of enabling the withdrawal of the order form is concluded with the Customer for a definite period of time when he begins to fill in the form and is terminated when he withdraws from completing the form or when the completed form is sent to the Seller. The contract for the provision of electronic services in the form of enabling registration and maintenance of the Customer Account is concluded with the Customer for an indefinite period at the time of registration in the Online Store. The contract for the provision of electronic services in the form of a "Newsletter" is concluded for an indefinite period of time when the Customer subscribes to the "Newsletter" using the functionality available on the Online Store website.

4. The creation of a customer account ("registration") takes place using the functionality available on the website of the online store - registration form. During registration, the Customer provides, among others e-mail address and sets an individual password, which, together with the e-mail address provided by the Customer, allows access to the Customer Account.

5. Technical requirements necessary to use the services provided by the Seller:

• a device with access to the Internet,
• a web browser that supports cookies,
• access to e-mail.

6. The customer pays fees related to access to the Internet and data transmission in accordance with the tariff of his Internet service provider.
   
   
   

§4 Sales contract

1. In order to conclude a sales contract, the Customer selects the Goods available in the Online Store, specifying the quantity he intends to purchase and, if possible, indicating the features of the ordered product. After selecting the Goods (adding the Goods to the "basket" through the functionality available in the Online Store), the Customer fills in the order form, indicating the data necessary to complete the order by the Seller.

2. After receiving the order, the Seller shall send the Customer by e-mail to the e-mail address provided in the order form a declaration of acceptance of the order, which is also its confirmation. Upon receipt of the message by the Customer, a sales contract is concluded.

3. The message confirming the order contains the agreed terms of the sales contract, in particular the quantity and type of the ordered Goods, the total price to be paid together with the delivery costs and the amount of discounts granted (if applicable).
   
   
   

§5 Order fulfillment time and delivery

1. The Seller carries out orders in the order in which they were received (taking into account §6 section 3 of these Regulations).

2. The order fulfillment time is from 3 to 7 business days. The time of order fulfillment consists of the time of preparing the order (completing and packing the order) and the time of delivery of the order depending on the chosen method of delivery.

3. If it is not possible to execute the order in the indicated in sec. 2, the Seller contacts the Customer in order to determine the further course of action.

4. The delivery of the Goods takes place via InPost SA or the shipping companies FeDex, KeX, DHL, UPS and Jas-FBG. The Seller reserves the right to introduce deliveries through other shipping companies than those mentioned in the previous sentence.

5. The Seller enables personal collection of the Goods at the place and time previously agreed with the Customer by phone or via e-mail.

6. Information about the available types and costs of delivery is provided when the Customer completes the order form.

7. After receiving the parcel, the customer should carefully check the condition of the packaging and its contents. In the event of any damage or other irregularities, he should draw up a damage report in the presence of the courier and notify the Seller.
   
   
   

§6 Payment methods

1. The seller allows the following payment methods:

• traditional transfer to the Seller's bank account kept by Raiffeisen Bank SA number: 33 1600 1462 1890 2638 5000 0001
• cash payment on delivery (cash on delivery).
• Card payments - The operator of the payments listed is the Stripe.com platform, owned by Stripe, Inc, headquartered in San Francisco, CA 94103, at 510 Townsend Street.

2. The customer is obliged to make the payment within 7 calendar days from the date of the contract. In the event of non-payment within the specified period, the sales contract is terminated.

3. The order is processed when the payment is credited to the Seller's account or when the Customer receives information about the Customer's choice of payment on delivery.

4. The Seller documents the sale of the Goods with a receipt or a VAT invoice. The receipt is delivered to the Customer together with the Goods.

5. The Customer declares that he accepts the issuance and sending of the original VAT invoice without the Customer's signature, in electronic form in PDF format to the e-mail address provided in the order form, in accordance with the Act of March 11, 2004 on tax on goods and services and the regulation of the Minister of Finance of December 3, 2013 on issuing VAT invoices.
   
   
   

§7 Warranty for defects in the Goods

1. Pursuant to Art. 556 of the Act of 23 April 1964 of the Civil Code, the Seller is liable to the Customer if the Goods sold have a physical or legal defect. The seller is released from liability under the warranty if the customer knew about the defect at the time of concluding the contract.

2. Delivery of the Goods under the warranty for defects takes place at the expense of the Seller.

3. The Seller is liable under the warranty if the defect is found before the expiry of two years from the date of delivery of the Goods to the Customer. In the case of used Goods, the Seller is liable under the warranty for defects found within one year from the date of delivery of the Goods to the Customer who is a consumer.

4. Pursuant to Art. 558 of the Act of 23 April 1964 Civil Code, when selling to a Client who is an entrepreneur, the Seller's liability under the warranty is excluded.

5. The notification of defects in the Goods should be sent by e-mail to the address info@traktor.com.pl or in writing to the address of the Seller's registered office. The application may be sent on the form attached as Appendix 2 to these Regulations.

6. If it is necessary for the assessment of physical defects, the Goods should be delivered to the following address: 35-615 Rzeszów, ul. Leszek Czarny 8.

7. The Seller responds to the Customer's notification within 14 calendar days from the date of its receipt. Failure to consider the application within the prescribed period is tantamount to taking it into account.

8. The Seller covers the costs of collection, delivery, removal of defects or replacement of the Goods with a new one.
   
   
   

§8 Withdrawal from the sales contract

1. The customer who is a consumer in connection with art. 27 of the Act of 30 May 2014 on consumer rights, you have the right to withdraw from a distance contract without giving any reason.

2. The right to withdraw from the contract is granted within 14 calendar days from the moment the Customer or a third party designated by him other than the carrier takes possession of the Goods.

3. The customer may withdraw from the contract by submitting a declaration on the form constituting Annex 1 to these Regulations, by sending it by e-mail or to the Seller's postal address.

4. To meet the deadline specified in paragraph 2, it is enough to send a declaration of withdrawal from the contract before its expiry.

5. The Seller will immediately confirm to the Customer the receipt of the declaration of withdrawal from the contract. 6. The Seller shall immediately, within no more than 14 calendar days from the date of receipt of the declaration of withdrawal from the contract, return to the Customer all payments received from him, including the costs of delivering the goods. The Seller shall refund the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of payment refund, which does not involve any costs for him.

7. If the Seller has not offered to collect the Goods from the Customer himself, he may withhold the reimbursement of payments received until he receives the Goods back or until the Customer provides proof of its return, whichever occurs first.

8. If the Customer chose a method of delivery other than the cheapest standard method offered by the Seller, the Seller is not obliged to reimburse the Buyer for any additional costs incurred by him.

9. The customer is obliged to return the item to the Seller or hand it over to the person authorized by the Seller immediately, but not later than within 14 calendar days from the day on which he withdrew from the contract, unless the Seller offered to collect the Goods himself. To meet the deadline, it is enough to return the Goods before its expiry.

10. The customer bears the direct costs of returning the goods (shipping costs related to the return of the goods). Due to the size and weight of the goods, in the event of withdrawal from the contract, returning the goods may involve higher costs than ordinary mail.

11. The goods should be delivered to the following address: 36-002 Jasionka, Tajęcina 2 KA.

12. In the event of withdrawal from the contract, the consumer is liable for a decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.

13. Pursuant to Art. 38 of the Act of May 30, 2014 on consumer rights (Journal of Laws of 2019, item 134), the right to withdraw from a distance contract is not available to the Consumer in relation to, inter alia, to contracts:

• 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 commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;
• 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 to withdraw from the contract;
• 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;
• in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
• 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 has been opened after delivery;
• in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
• in which the consumer explicitly demanded that the entrepreneur came to him to make urgent repairs or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or items;
  
  
  

§9 Withdrawal from the contract for the provision of electronic services and complaint proceedings

1. The customer who is a consumer has the right to withdraw from the contract for the provision of electronic services within 14 calendar days from the date of conclusion of the contract.

2. Withdrawal from the contract may be made by submitting a declaration to the Seller by e-mail to the address info@traktor.com.pl or in writing by post to the address of the Seller's registered office. Withdrawal from the contract may be made on the form attached as Appendix 1 to this contract.

3. In the case of contracts for the provision of electronic services of a continuous and indefinite nature (e.g. in the case of the contract specified in §3 section 1 point b), the Customer has the right to terminate the contract. The customer may terminate the contract with immediate effect and without giving any reason by sending a notice of termination to the e-mail address info@traktor.com.pl.

4. The Seller reserves the right to terminate the contract for the provision of electronic services of a continuous and indefinite nature with a 7-day notice period in the event of a breach by the Customer of the provisions of these Regulations.

5. In the event of non-performance or improper performance by the Seller of the services provided via the Online Store, the Customer is entitled to submit a complaint by e-mail to the address info@traktor.com.pl.

6. A correctly submitted complaint should contain the Customer's designation (name and surname or company name, address of residence or company headquarters and e-mail address), the subject of the complaint together with an indication of the period of time to which the complaint relates and the circumstances justifying the submission of the complaint. The complaint should be submitted within 12 months from the date on which the service was not performed or was performed improperly.

7. The complaint is considered by the Seller within 14 calendar days from the date of receipt of the complaint.

8. In the event of exceeding the deadline specified in paragraph 6, the complaint will not be considered. The Seller shall immediately notify the Customer about the reason for not considering the complaint.
   
   
   

§10 Responsibility

1. The Seller is not responsible for entering incorrect data by the Customer (in particular by providing incorrect data in the forms available on the website) or for the Customer's action in a way that hinders or prevents the provision and implementation of services by the Seller.

2. The Seller reserves the right to suspend or terminate the provision of individual functionalities of the Online Store due to the need for maintenance, review or expansion of the technical base or software. The suspension or termination of the benefits of individual functionalities of the Online Store may not violate the Customer's rights.
   
   
   

§ 11 Information clause on personal data processing

1. The personal data of the Store's Customers and Users is administered by: Wojciech Początek who conducts business under the name: Firma O.K. Wojciech Początek, ul. Leszka Czarnego 8, 35-615 Rzeszów, Tax Identification Number (NIP): 8131004379, Business Identification Number (REGON): 690279335 and Miłosz Początek conducting business under the firm: Miłosz Początek, ul. Leszka Czarnego 8, 35-615 Rzeszów, Tax Identification Number: 8133839119, Business Identification Number: 386105524, who are jointly the Administrators of the personal data processed by Traktor.com.pl spółka cywilna Wojciech i Miłosz Początek, ul. Leszka Czarnego 8, 35-615 Rzeszów, Tax Identification Number: 8133840648, Business Identification Number: 386341220. 2,
   
   
2. Second Providing personal data by customers and users of the Store is voluntary, although in some cases necessary to carry out the purchase. Personal data of Shop Users will be processed for the purposes of registration in the Shop and, in the case of giving appropriate permission, for the marketing of our goods and services and participation in Newsletter service (understood as sending commercial information electronically and using telecommunication end devices - SMS, in accordance with the Act of 18 July 2002 on electronic service provision. In the case of purchase of goods, customers' personal data shall be processed in order to properly perform the contract of sale of our goods, as well as their dispatch. Failure to provide personal data necessary to conclude a sales contract will result in the refusal to conclude the contract.
   
   
3. Third Data in the form of: name and surname, address, zip code, telephone number, e-mail address, NIP number (if completed), will be used to complete the purchase and inform about services provided by the Administrator.
   
   
4. The legal basis for the processing of personal data in the field of the Store User registration in the online store, marketing of goods and services and participation in the Newsletter service is - on the basis of Article 6 (1) (a) in conjunction with 7 (2) of the Regulation of the European Parliament and of the Council of the European Union of 27 April 2016. 2016/679 (OJ EU.L.2018.127.2 t.j.) on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as RODO - the consent given, while in the case of the purchase of goods, the processing of data is necessary for the implementation of the agreement.
   
   
5. Personal data will be stored until the withdrawal of consent by the Store User or up to 5 years from the time of order in the case of customers.
   
   
6. Shop Users' personal data will be processed by persons authorized by the Administrator within the scope of their duties and will be transferred to companies providing ICT and legal services for the Administrator and performing marketing activities for the Administrator. In the case of Customers, their data may also be transferred to companies delivering goods. In case of an authorized request, the data recipients can also be inspection authorities, law enforcement agencies and other public authorities acting on the basis of statutory authorization.
   
   
7. The Administrator will not transfer personal data to a third country or an international organization.
   
   
8. Every Customer and Shop User has the right to demand from the Administrator access to their data, their rectification (amendment), transfer and deletion, as well as the right to restrict data processing. In connection with the processing of personal data by the Administrator, the Customer has the right to lodge a complaint to the President of the Office for Personal Data Protection.
   
   
9. On the basis of personal data of customers and users of the store, there will be profiling, i.e. on the basis of their activity on the site, viewed products, the Administrator will present to customers and users of the store, matched to their interest, other products that may be of interest. Customer and Store Users at any time have the right to object to the above action, in accordance with the provisions of the Privacy and Cookies Policy.
   
   
10.  User has the right at any time to withdraw consent to the processing of personal data that are processed on the basis of consent. Withdrawal of consent will not affect the lawfulness of processing, which was carried out on the basis of consent before its withdrawal.

§12 Final provisions

1. All content posted on the Online Store website (including graphics, texts, page layout and logos) benefit from copyright protection and are the sole property of the Seller. The use of this content without the written consent of the Seller shall result in civil and criminal liability.

2. The Seller reserves the right to amend these Regulations. The Seller shall notify the changes to the Regulations on the Online Store website at least 14 calendar days before the changes to the Regulations enter into force. The amendment to the provisions of the Regulations does not apply to customers who placed an order during the validity of the previous version of the Regulations.

3. In other matters not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply.

4. The customer who is a consumer has the right to use out-of-court dispute resolution and redress through mediation or an arbitration court. Regardless of this, the customer may ask for help from the municipal (poviat) consumer ombudsman, social organizations whose statutory tasks include consumer protection, provincial inspectorates of the Trade Inspection. All necessary information can be obtained on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl.

5. Disputes arising as a result of the provision of services under these Regulations will be submitted to a common court according to the Customer's choice in accordance with the relevant provisions of Polish law.

6. Annexes to the Regulations constitute its integral part.

7. The Regulations enter into force on April 27, 2020.
   
   

Appendix 1 - model withdrawal from the contract

Appendix No. 2 - Complaint Form