TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE INTERNET SHOP
3. CONDITIONS OF CONCLUDING A SALES AGREEMENT
4. WAYS AND DEADLINES OF PAYMENT FOR THE PRODUCT
5. THE COST, WAYS AND TIME OF DELIVERY OF THE PRODUCT
6. PRODUCT COMPLAINTS
7. OUT-OF-COURT COMPLAINT HANDLING AND CLAIM PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL
9. PROVISIONS CONCERNING ENTREPRENEURS
10. FINAL PROVISIONS
11. MODEL WITHDRAWAL FORM
These Terms and Conditions of the Internet Shop have been prepared by Prokonsumencki.pl. lawyers. The Internet shop www.bg4x4.eu cares about consumer rights. A consumer may not waive the rights granted to him under the Act on Consumer Rights. Contract provisions less favourable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights to which they are entitled under mandatory provisions of law, and any possible doubts shall be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned regulations, these regulations shall prevail and shall be applied.
1. GENERAL PROVISIONS
1.1 The Internet Shop available at the following address www.bg4x4.eu is run by PAWEŁ PYCIAK running the business activity under the name BEZGRANIC4X4 PAWEŁ PYCIAK registered in the Central Register of Business Activity and Information of the Republic of Poland, maintained by the competent minister for economy, having: business address: ul. Józefa Ignacego Kraszewskiego 14a, 32-700 Bochnia, address for service: ul. Karosek 27c, 32-700 Bochnia, NIP 8681783199, REGON 120829211, e-mail address: shop@bg4x4.eu, phone number: +48607575830.
1.2 These Regulations are addressed both to consumers and businesses using the Online Store, unless a given provision of the Regulations provides otherwise.
1.3 The Seller is the administrator of personal data processed at the Internet Shop in relation to the provisions of these Regulations. Personal data is processed for the purposes, for a period and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Online Shop. The privacy policy contains, above all, the rules of personal data processing by the Administrator in the Internet Shop, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information concerning the use of cookies and analytical tools in the Internet Shop. The use of the Internet Shop, including making purchases, is voluntary. Similarly, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the Privacy Policy (conclusion of the agreement and the Seller's statutory obligations).
1.4 Definitions:
1.4.1. WORKING DAY - one day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM - a form available in the Internet Shop, which allows the creation of an Account.
1.4.3. ORDER FORM - Electronic Service, interactive form available in the Internet Shop enabling the placement of an Order, in particular by adding Products to an electronic basket and determining the conditions of a Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER - (1) a natural person with full capacity to perform acts in law, and in cases provided for by generally applicable laws also a natural person with limited capacity to perform acts in law; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity - which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE - the Civil Code Act of 23 April 1964. (Journal of Laws 1964 no 16, item 93 as amended).
1.4.6 ACCOUNT - Electronic Service, a set of resources in the Service Provider's data communication system marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information on Orders placed by him/her at the Internet Shop are collected.
1.4.7. NEWSLETTER - Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which enables all Users to automatically receive from the Service Provider cyclic content of successive editions of a newsletter containing information about Products, news and promotions at the Online Store.
1.4.8. PRODUCT - a movable item available at the Internet Shop, which is the subject of a Sales Agreement between the Customer and the Seller.
1.4.9. RULES - these Regulations of the Internet Shop.
1.4.10. INTERNET SHOP - the Service Provider's Internet shop available at the following address: www.bg4x4.eu.
1.4.11. SELLER, SERVICE PROVIDER - PAWEŁ PYCIAK conducting business activity under the name BEZGRANIC4X4 PAWEŁ PYCIAK registered in the Central Register of Business Activity and Information of the Republic of Poland, maintained by the minister competent for economy, having the following address of the place of business: ul. Józefa Ignacego Kraszewskiego 14a, 32-700 Bochnia delivery address: ul. Karosek 27c, 32-700 Bochnia, NIP 8681783199, REGON 120829211, e-mail address: shop@bg4x4.eu, phone number: +48607575830.
1.4.12. CONTRACT OF SALE - the contract of sale of the Product entered into or concluded between the Customer and the Seller through the Online Store.
1.4.13. ELECTRONIC SERVICE - service provided electronically by the Service Provider to the Customer through the Internet Shop.
1.4.14. SERVICE PROVIDER - (1) a natural person with full capacity to perform legal actions, and in cases provided by generally applicable regulations also a natural person with limited capacity to perform legal actions; (2) a legal person; or (3) an organisational unit without legal personality, to which the Act grants legal capacity - using or intending to use an Electronic Service.
1.4.15 CONSUMER RIGHTS ACT - the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827 as amended).
1.4.16. ORDER - the Customer's declaration of will made using the Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
2.1 The following Electronic Services are available at the Online Shop: Account, Order Form and Newsletter.
2.1.1. Account - using an Account is possible after completing two consecutive steps by the Customer - (1) filling in the Registration Form and (2) clicking on "Save". In the Registration Form it is necessary for the Customer to provide the following details: name and surname, e-mail address and password.
2.1.1.1 The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving reasons, to remove the Account (resignation from the Account) by sending the appropriate request to the Service Provider, in particular via e-mail to the address: shop@bg4x4.eu or in writing to the address: ul. Józefa Ignacego Kraszewskiego 14a, 32-700 Bochnia.
2.1.2. Order Form - the use of the Order Form starts at the moment of adding by the Customer the first Product to the electronic basket in the On-line shop. The Order is placed when the Customer completes two consecutive steps in total - (1) filling in the Order Form and (2) clicking on the field 'Order with obligation to pay' on the Shop's website after filling in the Order Form - until this moment it is possible to modify the data entered (for this purpose, follow the messages displayed and information available on the website of the Online Shop). In the Order Form it is necessary to provide the following data concerning the Customer: name and surname/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact phone number and data concerning the Sales Agreement: Product/s, quantity of Product/s, place and method of delivery of Product/s, method of payment. In the case of Customers who are not consumers, it is also necessary to provide their company name and NIP number.
2.1.2.1 The Electronic Order Form Service is provided free of charge and has a one-time nature and terminates at the moment of placing an Order through it or at the moment of earlier termination of placing an Order through it by the Customer.
2.1.3 Newsletter - to subscribe to the Newsletter the Customer should indicate his/her email address in the "Newsletter" tab on the Online Shop website, to which subsequent editions of the Newsletter should be sent, and click the "Subscribe" box. It is also possible to subscribe to the Newsletter by ticking the appropriate checkbox when setting up an Account - the moment the Account is set up the Customer shall be subscribed to the Newsletter.
2.1.3.1 The Newsletter Electronic Service shall be free of charge for an indefinite period of time. The Customer shall have the opportunity, at any time and without giving reasons, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending a relevant request to the Service Provider, in particular via email to the address: shop@bg4x4.eu or in writing to the address: ul. Józefa Ignacego Kraszewskiego 14a, 32-700 Bochnia.
2.2 Technical requirements necessary for cooperation with the tele-information system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3)Internet browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari orMicrosoft Edge; (4)recommended minimum screen resolution: 1024x768; (5) enabling Cookies and Javascript in the web browser.
2.3 The Customer is obliged to use the Online Store in a manner consistent with the law and morality, with due regard to respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The recipient is obliged to enter data consistent with the facts. The recipient is obliged to prohibit the submission of unlawful content.
2.4 Mode of complaint procedure concerning Electronic Services:
2.4.1 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the Product complaint procedure, which is indicated in pt. 6 of the Terms and Conditions) The Customer may submit, for example:
2.4.1.1. in writing to the address: 27c Karosek Street, 32-700 Bochnia;
2.4.1.2. in an electronic form via e-mail to the address: shop@bg4x4.eu.
2.4.2 The Customer is advised to provide in the description of the complaint: (1) information and circumstances concerning the subject matter of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) the contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.3 The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
3 CONDITIONS OF CONCLUDING A CONTRACT OF SALE
3.1 The conclusion of the Sales Agreement between the Customer and the Seller takes place after placing an Order by the Customer with the help of the Order Form in the Online Shop according to point 2.1.2 of the Terms and Conditions. 2.1.2 of the Terms and Conditions.
3.2 The Product price displayed on the website of the Online Shop is given in Polish zloty and includes taxes. About the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including fees for transport, delivery and postal services) and about other costs, and if the amount of these fees cannot be determined - about the obligation to pay them, the Customer is informed on the pages of the On-line Shop in the course of placing the Order, including also at the moment of expressing by the Customer the will to be bound by the Sales Agreement.
3.3 Procedure of concluding a Sales Agreement in the Internet Shop by means of the Order Form
3.3.1. Conclusion of the Sales Agreement between the Customer and the Seller takes place after placing an Order by the Customer at the Internet Shop according to point 2.1.2 of the Terms and Conditions. 2.1.2 of the Regulations.
3.3.2. After placing an Order the Seller shall immediately confirm its receipt and at the same time accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending by the Seller to the Customer an appropriate e-mail message to the e-mail address provided by the Customer during the placement of the Order, which contains at least statements of the Seller on receipt of the Order and its acceptance for execution and confirmation of conclusion of the Sales Agreement. As soon as the above mentioned email is received by the Customer, the Sales Agreement between the Customer and the Seller is concluded.
3.4 The consolidation, protection and making available to the Customer the content of the concluded Sales Agreement takes place by (1) making these Regulations available on the website of the Internet Shop and (2) sending the Customer the e-mail message referred to in point 3.3.2. of these Regulations. 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Internet Shop.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1 The Seller shall make available to the Buyer the following methods of payment for the Sales Agreement:
4.1.1. Payment by bank transfer to the Seller's bank account.
4.1.2. Electronic payment and payment card payments via Przelewy24.pl or PayPal.com - possible current payment methods are defined on the On-line shop page in the information tab concerning payment methods and on the website https:/przelewy24.pll and https://www.paypal.com/pl.
Settlement of electronic payment and payment card transactions shall be carried out at the Customer's choice via Przelewy24.pl or PayPal.com. Electronic payments and payment cards shall be processed by the Customer:
4.1.2.1.1. District Court Poznań - Nowe Miasto i Wilda in Poznań,
VIII Department Commercial Register of the National Court Register No. KRS 0000347935,
share capital: PLN 5,476,300.00,
4.1.2.1.2. PayPal.com - the company PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg.
4.2 Term of payment:
4.2.1 If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer shall be obliged to make payment immediately after the conclusion of the Sales Agreement.
5. COSTS, WAYS AND TERM OF PRODUCT DELIVERY
5.1 The Product delivery to the Customer is chargeable, unless the Sales Agreement provides otherwise. Product delivery costs (including shipping, delivery charges and postal services) are indicated to the Customer on the pages of the On-line Shop in the information tab concerning delivery costs and during the Order placement, including also at the moment of expressing by the Customer the will to be bound by the Sales Agreement.
5.2 The Seller makes available to the Customer the following methods of delivery of the Product:
5.2.1. Courier delivery;
5.2.2. Pallet parcel;
5.3 The Product delivery term to the Customer is:
5.3.1. For shipments sent within Europe up to 5 Business Days;
5.3.2. For shipments outside Europe up to 7 Business Days;
5.3.3. For customised products up to 30 Business Days;
5.3.4 The delivery period indicated above is a maximum, unless a shorter period is indicated in the description of the Product or during the Order placement process. In the case of Products with different delivery times, the delivery time shall be the longest period stated, which shall not, however, exceed 30 Business Days. The start of the deadline for delivery of the Product to the Customer is calculated as follows:
5.3.5 If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
6. PRODUCT COMPLAINT
6.1 The basis and scope of the Seller's liability to the Customer, if the sold Product has a physical or legal defect (warranty), are defined by generally applicable law, in particular, the Civil Code (including Articles 556-576 of the Civil Code).
6.2 The Seller is obliged to deliver the Product without defects to the Customer.
6.3 A complaint can be submitted by the Customer for example:
6.3.1. in writing to the address: ul. Józefa Ignacego Kraszewskiego 14a, 32-700 Bochnia;
6.3.2. in electronic form via e-mail to the address: shop@bg4x4.eu.
6.4 The Customer is advised to provide in the description of the complaint: (1) information and circumstances concerning the subject matter of the complaint, in particular the type and date of occurrence of the defect; (2) request for the method of bringing the Product into conformity with the Sales Agreement or declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are only a recommendation and shall not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
6.5 The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer, exercising the rights under the warranty, requested replacement of the item or removal of defects or made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request is justified.
6.6 The Customer, who exercises the rights under warranty, is obliged to deliver the defective product to the address: ul. Karosek 27c, 32-700 Bochnia. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller. If due to the nature of the Product or the way it is installed, the delivery of the Product by the Customer who is a consumer would be too difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
6.7 Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a consumer is excluded.
7. OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
7.1 Detailed information about the possibility of using the out-of-court complaint handling and claim investigation procedures by the Customer who is a consumer and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2 There is also a contact point at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is to provide assistance to consumers in matters relating to out-of-court settlement of consumer disputes.
7.3 The Consumer has the following examples of out-of-court means of dealing with complaints and claims: (1) an application for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to a provincial inspector of the Trade Inspection (for more information, see the website of the inspector competent for the Seller's place of business); and (3) the assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (open on Working Days, from 8:00 am to 6:00 pm, call charge as per operator's tariff).
7.4 A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr The ODR platform is an interactive and multilingual website with a one-stop-shop for consumers and traders seeking an out-of-court settlement of a dispute concerning contractual obligations arising from an online sales contract or service contract (for more information see the website of the platform itself or the website address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL
8.1 A consumer who has concluded a remote agreement may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, except for the costs set out in point. 8.8 of the Regulations. In order to meet the deadline it is sufficient to send the statement before its expiry. A declaration of withdrawal from the Agreement may be made, for example:
8.1.1. in writing to the address: ul. Józefa Ignacego Kraszewskiego 14a, 32-700 Bochnia;
8.1.2. in the electronic form via e-mail to the address: shop@bg4x4.eu.
8.2 A sample withdrawal form is set out in Annex No. 2 to the Consumer Rights Act and is additionally available in point. 11 of the Terms and Conditions. The Consumer may use the sample form, but it is not obligatory.
8.3 The deadline for withdrawal from the Agreement shall begin:
8.3.1. for the agreement in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of an agreement which: (1) involves a number of Products which are delivered separately, in instalments or in parts - from the taking possession of the last Product, instalment or part or (2) involves the regular delivery of Products for a fixed period - from the taking possession of the first Product;
8.3.2. for other contracts - from the day of the conclusion of the contract.
8.4 In the case of withdrawal from the remote agreement, the agreement is considered as not concluded.
8.5 The Seller shall immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the agreement, return to the consumer all payments made by him, including the costs of delivery of the Product (with the exception of additional costs resulting from the choice by the consumer of a method of delivery other than the cheapest ordinary method of delivery available at the Online Shop). The Seller shall return the payment using the same method of payment used by the consumer, unless the consumer has explicitly agreed to a different method of return that does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, the Seller may withhold the reimbursement of the payment received from the consumer until he receives the Product back or the consumer provides proof of its return, whichever event occurs first.
8.6 The Consumer shall immediately, no later than within 14 calendar days from the date of withdrawal, return the Product to the Seller or transfer it to a person authorized by the Seller to receive it, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiry. The Consumer may return the Product to the following address: ul. Karosek 27c, 32-700 Bochnia.
8.7 The Consumer is responsible for any diminution in the value of the Product resulting from the use of it in a manner beyond that necessary to ascertain the nature, characteristics and functioning of the Product.
8.8 Possible costs associated with the withdrawal from the agreement by the consumer, which must be borne by the consumer:
8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available at the Online Shop, the Seller shall not be obliged to reimburse the consumer for any additional costs incurred by the consumer.
8.8.2 The consumer shall bear the direct costs of returning the Product.
8.8.3. In the case of a Product which is a service, the performance of which - at the express request of the consumer - began before the expiry of the deadline for withdrawal from the contract, the consumer who exercises the right of withdrawal after making such a request, is obliged to pay for the services performed until the withdrawal. The amount to be paid shall be calculated in proportion to what has been provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the performance.
8.9 The right of withdrawal from a distance contract shall not apply to the consumer with respect to contracts:
8.9.1. (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller does not exercise control, and which may occur before the end of the deadline for withdrawal; (3) in which the subject of the performance is a non-prefabricated product, manufactured to the consumer's specification or serving to satisfy his individual needs; (4) in which the subject of the performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject matter of the performance is a Product delivered in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery; (6) in which the subject matter of the performance are Products, which after delivery, due to their nature, are inseparably connected with other things (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, and the delivery of which may only take place after 30 days and the value of which depends on market fluctuations, over which the Seller has no control; (8) in which the consumer has explicitly requested that the Seller comes to him to carry out urgent repair or maintenance; if the Seller provides in addition other services than those requested by the consumer or supplies Products other than spare parts necessary to carry out repair or maintenance, the consumer has the right to withdraw from the agreement with regard to additional services or Products (9) in which the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging is opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts (11) concluded by public auction; (12) for the provision of accommodation other than for residential purpose, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of performance (13) for the supply of digital content which is not recorded on a tangible medium, if the performance has begun with the consumer's express consent before the expiry of the withdrawal period and after the Seller has informed him about the loss of the right of withdrawal.
8.10. The provisions of this section 8 of the Terms and Conditions regarding the consumer shall apply from 1 January 2021 and for agreements concluded from that date also to the Customer or Client who is a natural person concluding an agreement directly related to his/her business activity, if it follows from the content of this agreement that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity made available on the basis of the provisions of the Central Register and Information on Business Activity.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1 This Section 9 of the Terms and Conditions and all the provisions contained therein are addressed to and therefore binding only on the Customer or Customer who is not a consumer, and from 1 January 2021 and for agreements concluded from that date also onwards, being a natural person who concludes an agreement directly related to its business activity, where the content of the agreement indicates that it does not have a professional character for that person, resulting in particular from the subject of its business activity made available on the basis of the provisions of the Central Register and Information on Business Activity.
9.2 The Seller shall have the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case can be made without giving any reason and does not give rise to any claims against the Seller by the Customer.
9.3 The Seller shall have the right to limit the available payment methods, including the requirement to make a full or partial prepayment, regardless of the payment method chosen by the Customer and the fact of concluding a Sales Agreement.
9.4 The Service Provider may terminate an agreement for the provision of Electronic Services with immediate effect and without giving reasons by sending an appropriate statement to the Customer.
9.5 The liability of the Service Provider/Seller towards the Customer/Client, regardless of its legal basis, is limited - both for a single claim as well as for all claims in total - to the amount of price paid and delivery costs under the Sales Agreement, but not more than to the amount of one thousand PLN. The limitation of the amount referred to in the preceding sentence applies to all claims made by the Client/Customer against the Service Provider/Seller, including in the case of no Sales Agreement or not related to a Sales Agreement. The Service Provider/Seller is liable to the Client/Customer only for typical damage foreseeable at the time of concluding the contract and is not liable for lost profits. The Seller is also not liable for any delay in delivery.
9.6 Any disputes arising between the Seller / Service Provider and the Customer / Client will be submitted to the competent court for the seat of the Seller / Service Provider.
10. FINAL PROVISIONS
10.1 Contracts concluded through the Online Store are concluded in the Polish language.
10.2 Change of Terms and Conditions:
10.2.1 The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in law; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
10.2.2 In the case of conclusion of continuous agreements based on these Regulations (e.g. provision of Electronic Services - Account) the amended Regulations shall be binding upon the Customer if the requirements set out in Article 384 and 384[1] of the Civil Code have been met, i.e. the Customer has been correctly notified of the amendments and has not terminated the agreement within 15 calendar days from the date of notification. In the event that the change of the Terms and Conditions results in the introduction of any new fees or an increase in current fees, the Customer shall have the right to withdraw from the contract.
10.2.3 In the case of conclusion of contracts other than continuous contracts (e.g. Sales Contract) under these Terms of Service, the amendments to the Terms of Service shall in no way affect the rights acquired by the Customer/Client prior to the effective date of the amendments to the Terms of Service, in particular the amendments to the Terms of Service shall not affect any Orders already placed or submitted and any Sales Contracts concluded, executed or performed.
10.3 In matters not regulated herein, generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act on rendering electronic services of 18 July 2002. (Journal of Laws 2002 No. 144, item 1204, as amended); the Act on Consumer Rights; and other relevant provisions of universally applicable law.
11. MODEL WITHDRAWAL FORM
(ATTACHMENT NO. 2 TO THE CONSUMER RIGHTS ACT)
Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
- Addressee:
BEZGRANIC4X4 PAWEŁ PYCIAK
Karosek street 27c, 32-700 Bochnia
bg4x4.eu
shop@bg4x4.eu
- I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following items(*) contract of delivery of the following items(*) contract of performance of the following items(*)/provision of the following service(*)
- Date of conclusion(*)/receipt(*)
- First and last name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
- Date
(*) Delete where not applicable.