Regulamin 25.12.2014

The conclusion of the contract between the Customer and the Seller can be done in two ways.

The Buyer has the right, before placing an order, to negotiate any provisions of the contract with the Seller, including changing the provisions of the regulations below. These negotiations should be conducted in writing and addressed to the Seller Szekla4x4.pl Damian Łaga Starczewska 3 04-992 Warsaw NIP: 5321871623.

In the event that the Buyerresigns from the possibility of concluding an agreement through individual negotiations, the following rules and applicable law shall apply.

REGULATIONS of Szekla4x4 online store

The owner of Szekla4x4 online store is: Damian Łaga running a business under the name Szekla4x4.pl Damian Łaga, based in Warsaw at Starczewska 3, 04-992 Warsaw, holding NIP: 5321871623.

Correspondence and complaint address of the online store is: Starczewska 3, 04-992 Warsaw,

Other contact information: e-mail: [email protected], contact phone number: 534400534

Bank account of the Online Store: 75 1140 2004 0000 3902 7936 6720

Glossary of terms used in these Regulations:

Whenever the following capitalized phrases are used in the following part of these Regulations, they shall be understood in the meaning given below, unless the context of their use clearly indicates otherwise:

Price - the amount of gross remuneration (including tax), specified in Polish zlotys, due to the Seller for transferring the ownership of given Goods to the Customer in accordance with the Sales Agreement. The price does not include delivery costs, unless the terms and conditions of the Promotion applied by the Online Store state otherwise.

Delivery price list- a list of available types of delivery and their costs,located at http://szekla4x4.pl/content/12-wysylka-i-koszty.

Delivery - a type of shipping service along with the carrier and cost listed in the delivery price list located at http://szekla4x4.pl/content/12-wysylka-i-koszty.

Proof of purchase - an invoice, bill or receipt issued in accordance with the Value Added Tax Act of March 11, 2004, as amended, and other applicable laws.

Business day - a day from Monday to Friday excluding public holidays in Poland.

Commercial information - information about the Goods displayed in the Online Store. Commercial information regarding the Price and availability of the Goods, at the stage before adding the Goods to the Cart, does not constitute an offer within the meaning of the Civil Code, but only an invitation to start negotiations.

Product Card - a single subpage of the Store containing information about a single Goods.

Customer - (1) a natural person who is at least 13 (thirteen) years of age, whereby if the person is under 18 (eighteen) years of age, the consent of his/her statutory representative is required, unless the person has full legal capacity, and (2) a legal person or an organizational unit without legal personality, to which legal capacity is granted by law, who uses the Online Store, in particular, who places an Order under the terms of these Regulations. The consent of the statutory representative or legal guardian referred to above, in the case of Customers with limited legal capacity, should also include consent to the provisions of these Regulations, including in particular the processing of personal data. Consent should be sent to the address of the Online Shop Szekla4x4.pl ul. Starczewska 3, 04-992 Warsaw

Consumer - a natural person making a legal action with the Seller, including the conclusion of the Sales Agreement, not directly related to its business or professional activity.

Account - a subpage of the Online Store, available after the Customer registers on the Online Store website. Within the Account available through the website, the Customer has the possibility, in particular, to place Orders, to get acquainted with offers prepared by the Seller. The Account is marked with an individual name (login) and password provided by the Customer allowing the Customer to use additional functionalities/services.

Shopping cart - a service made available to each Customer who uses the Online Store, consisting of enabling him/her to easily place an Order for one or several Goods, display a summary of the Price of individual Goods and all Goods in total (including shipping costs), display the expected delivery date of the Goods. The shopping cart collects offers made by the Customer to conclude a Sales Contract, i.e. more than one offer to conclude a Sales Contract can be made within one Order.

Place of delivery - postal address or collection point indicated in the Order by the Buyer.

Newsletter - a Service that allows all Customers using it to receive periodic information from the Seller, in particular about the Goods, the Online Store, including news and Promotions, to the e-mail address provided by the Customer, with the express consent of the Customer.

Offer - content marked as a summary of the Order, displayed to the Customer after adding the Goods to the Cart.

Payment - the method of payment for the Order placed and Delivery listed at http://szakla4x4.pl/content/14-platnosci.

Promotions - special conditions of sale or provision of services, regulated under the terms of the Online Store, offered by the Seller at a certain time, which the Customer may take advantage of under the terms specified therein.

Complaint - a course of action in the event of a defect in the Goods sold.

Terms andConditions - these Regulations of Szekla4x4.pl Internet Shop specifying the rights and obligations of the Seller and the Customers related to the use of Services and the conclusion of Sales Agreements of Goods through the Internet Shop. In terms of services provided electronically, these Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services.

RODO - Regulation 2016/679 of the European Parliament and of the Council of the EU of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

Online Store / Shop - the website belonging to the Owner of the online store Szekla4x4.pl - Damian Łaga at www.szekla4x4.pl. The Internet Shop allows the Customers to read the Commercial Information and to conclude with Damian Łaga running a business under the name Szekla4x4.pl Damian Łaga Sales Agreements of Goods included in the offer of the above company on the basis of Orders placed by the Customer.

Seller - Szekla4x4.pl Damian Łaga, ul. Starczewska 3, 04-992 Warsaw, NIP: 5321871623, REGON: 146541731, registered and visible in the records of CEDIG at: https://prod.ceidg.gov.pl/CEIDG/CEIDG.Public.UI/SearchDetails.aspx?Id=ab9d9ae1-950e-4505-981e-23c81aa24ea4

Goods -the minimum and indivisible quantity of things that can be the subject of an Order, which is given in the Seller's store as a unit of measure when determining its price (price/unit).

Sales Contract/Contract - a sales contract within the meaning of the Civil Code, concerning the sale by the Seller to the Customer of the Goods for payment of the Price plus any additional charges, including shipping costs, the terms of which are defined, in particular, by these Regulations. The Contract of Sale is concluded between the Customer and the Seller with the use of means of remote communication, after acceptance of the Order by the Seller under the terms and conditions specified in these Regulations. Each Goods is subject to a separate Sales Contract. The Seller may also conclude a Sales Agreement with a Customer who is not a Consumer as a result of concluding an agreement without following the procedure specified in these Terms and Conditions, which will be confirmed by e-mail at the request of either party to the Sales Agreement.

Service - a service provided electronically within the meaning of the Act of July 18, 2002 on the provision of services electronically, consisting of the possibility to create an Account in the Online Store, to conclude Sales Agreements through the Online Store, to add Goods to the Cart in the Online Store by such Customer, to access information about all Orders placed by such Customer in the Online Store. The Seller is the service provider and the Customer is the recipient of the Service.

Order - a declaration of will of the Customer, aiming directly at the conclusion of the Contract of Sale of Goods at a distance via the Online Store, specifying at least the type, number of Goods, Customer's data necessary for the possible conclusion and execution of the Contract of Sale. Acceptance of the Order by the Seller means conclusion of the Sales Agreement.

I. General information

The Terms and Conditions are addressed both to Clients who are Consumers and to Clients who are not Consumers, using the Online Store, Services or concluding Sales Agreements (subject to Chapter X of the Terms and Conditions, which is addressed only to Clients who are not Consumers). For Customers who are not Consumers, Chapter X of the Terms and Conditions shall take precedence over other provisions of the Terms and Conditions.
The Terms and Conditions are available to be printed, downloaded, reproduced and recorded by the Customer on the website of the Online Store, under the "Terms and Conditions"tab.
Acceptance of the Terms and Conditions is voluntary, but necessary in order to create an Account or for the Customer to place an Order and for the Customer to place an Order.
The Terms and Conditions define the rules for the conclusion and execution of the Sales Agreement for Goods located on the website of the Online Store, in particular:

rules for registration and use of an Account within the Online Store;
terms and conditions for making electronic reservations of Goods available within the Online Store (depending on the availability of such functionality);
terms and conditions for placing Electronic Orders within the Online Store;
principles of concluding Sales Agreements with the use of services provided as part of the Online Store.

The content of the Online Store does not constitute an offer within the meaning of the Civil Code. Information about the Goods given on the web pages of the Online Store, in particular their descriptions, technical and usable parameters and prices, constitute an invitation to conclude a Sales Agreement, within the meaning of Article 71 of the Civil Code, and not an offer within the meaning of the Civil Code. The Sales Agreement is concluded in accordance with the procedure for concluding the Sales Agreement indicated in Chapter III of the Regulations.
The main subject of performance under the Terms and Conditions is the sale of Goods. The Seller reserves the right to limit the quantity of ordered Goods offered in the Online Store at promotional prices.
The Online Store makes every effort to ensure that photos, descriptions and technical data of the placed Goods, are as close to reality as possible.
The use of the Goods and the rules of their maintenance are determined by the manufacturer of the Goods, which is not the Seller.
The Customer may communicate with the Online Shop Szekla4x4.pl, via contact phone number: 534400534 or 534600534, e-mail: [email protected], contact phone number:

Szekla4x4.pl, and directly at the address of the Store: Starczewska 3, 04-992 Warsaw. In the case of telephone contact, the Customer shall bear the cost of the call according to the rates of the operator chosen by the Customer.

In matters not regulated by the Regulations, the provisions of generally applicable law in Poland, including the Civil Code Act and the Consumer Rights Act of May 30, 2014, hereinafter also referred to as the "Consumer Rights Act", shall apply.
The Regulations do not deprive the Customer of his statutory rights, in particular the claim that the purchased Goods are in accordance with their descriptions, suitable for the intended purposes and of satisfactory quality. In the event of a contradiction between the provisions of the Regulations and the mandatory provisions of law granting certain rights to Consumers, these provisions shall prevail.

II. Conditions for the provision of Services by electronic means

In order to place Orders on the Online Store, it is necessary to have devices that allow access to the Internet, e-mail, as well as a properly configured web browser, as referred to in point 2.
The Seller shall ensure to the Buyer using the system the correct operation of the store in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA and FLASH installed, on screens with horizontal resolution above 1024 px. The use of third-party software affecting the operation and functionality of browsers Internet Explorer, FireFox, Opera, Chrome, Safari may affect the proper display of the store, so in order to obtain full functionality of szekla4x4.pl store, you should disable them all.
In order to use the Online Store, the Customer should, on his own, obtain access to a computer workstation or a terminal device, with access to the Internet.
The Seller provides the following Services to Customers free of charge via the Online Store:

access to and use of the Account;
enabling Customers to place Orders and conclude Sales Contracts, under the terms and conditions specified in the Terms and Conditions;
enabling Customers to use the Shopping Cart services;
Enabling Customers to view content placed within the Online Store;
Newsletter.

The Agreement for the provision of Services is concluded upon receipt by the Customer of a confirmation of the conclusion of the Agreement for the provision of Services sent by the Seller to the email address provided by the Customer in the course of registration (confirmation of Account creation). The Account is provided free of charge for an indefinite period of time. Establishing an Account is not required to place an Order in the Online Store.
The Customer may establish an Account during the process of purchasing Goods from the Online Store or without the simultaneous purchase of Goods from the Online Store.
The Customer may use the option of remembering his/her data by the Store in order to facilitate the process of placing another Order. For this purpose, the Customer should provide the login and password necessary to access his/her account. The login and password are a string of characters established by the Customer, who is obliged to keep them secret and protect them from unauthorized access by third parties.
The creation of an Account in the Online Store proceeds as follows: The Customer fills in the registration form available on the website of the Online Store, providing the following personal data: name, surname, e-mail, address data. These are personal data necessary to establish, shape the content, change or dissolve the legal relationship involving the possession of an Account in the Online Store.
In addition to providing personal and address data, the condition of registration is agreeing to the content of the Rules and Regulations of the Online Store and the content of the Privacy Policy.
By completing the Online Store user registration form, checking the "check box" "I accept the Online Store Regulations and Privacy Policy, the customerdeclares and confirms that:
1. the personal data provided in the aforementioned form are in accordance with the facts,
2. the data provided by him does not violate any rights of third parties,
3. he/she has familiarized himself/herself with the Regulations and Privacy Policy and undertakes to abide by them.
After completing the registration form, it is possible to make purchases in the Online Store.
The Customer may resign from having an Account at any time by sending a statement of intent to resign from the Service in any way that ensures the arrival of this statement to the Seller, in particular by sending an e-mail to the following e-mail address: [email protected], or in writing to the address: Starczewska 3, 04-992 Warsaw . Liquidation of the Account does not affect the obligation to perform Sales Agreements concluded through the Online Store, until the Seller receives the Customer's statement of intent to cancel the Service. Liquidation of the Account does not affect the ordering of a courier to collect the Goods until the Seller receives the Customer's statement of intent on cancellation of the Account.
The Seller may terminate the Customer's contract for the provision of electronic services provided via www.szekla4x4.pl in case of violation by the Customer of the provisions of the Terms and Conditions or Privacy Policy, as well as in case of the Customer's failure to agree to changes in the content of the Privacy Policy. The notice period is 14 days. A notice of termination of the agreement will be sent in electronic form via e-mail to the address provided at the stage of Account creation. Termination of the agreement does not affect the obligation to perform Sales Agreements concluded through the Online Store until the expiration of the termination period. Termination of the contract does not affect the obligation to pick up the Goods by courier, if the Order is placed by the Customer until the expiration of the termination period.
In particular, the Customer is obliged to:
1. to provide in the forms made available within the Online Store only true, current and all necessary data of the Customer;
2. promptly update the data, including personal data, provided by the Client to the Seller in connection with the conclusion of the Service Agreement or Sales Agreement, in particular to the extent that it is necessary for their proper execution. The Customer has the ability to change the data entered during the creation of the Account at any time using the options available within the Account;
3. use of services and functionalities made available by the Seller in a manner that does not interfere with the functioning of the Seller and the Online Store;
4. use of services and functionalities made available by the Seller in a manner consistent with the provisions of applicable law, the provisions of the Regulations, as well as with the customs and rules of social coexistence adopted in a given scope;
5. use of services and functionalities made available by the Seller in a manner that is not onerous for other Customers and the Seller;
6. timely payment of the Price and other costs agreed upon by the Client and the Seller in full;
7. not to provide or transmit within the Online Store any content prohibited by applicable law, in particular content that violates third parties' copyrights or their personal rights;
8. not to take actions such as: (1) sending or posting on the Online Store unsolicited commercial information (spam) or posting any content that violates the provisions of the law (prohibition of posting unlawful content), (2) taking IT actions or any other actions aimed at coming into possession of information not intended for the Customer, including other Customers' data or interfering with the principles or technical aspects of functioning of the Online Store and processing payments, (3) modifying in an unauthorized manner the content provided by the Seller, in particular the prices or descriptions of the Goods provided within the Online Store.
The Customer has the right to file a complaint regarding the Service.
A complaint about the Service may be submitted in any way that ensures the arrival of the Customer's statement of intent regarding the complaint to the Seller, in particular by electronic mail to the e-mail address: [email protected], or in writing to the address: Starczewska 3, 04-992 Warsaw.
A properly submitted complaint regarding the Service should contain the following data:
1. Customer's data (name, surname, mailing address, e-mail address);
2. reasons for the complaint.
The Seller shall make every effort to resolve complaints regarding the Service within no later than 14 Business Days from the date of filing the complaint, and in particularly complicated cases no later than within 30 days from the date of filing the complaint, unless a different, shorter mandatory period is provided by law.

III. Conclusion of the Contract for Sale of Goods

In the case of Consumers, the Sales Agreement concluded through via the Online Store is a distance contract within the meaning of the Consumer Rights Act.
The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order.
The Seller allows placing Orders for Goods in the following ways:

in the Online Store;
by e-mail.

(4) Registration takes place by completing and accepting the registration form, made available on the website of the Online Store.

(5) Registration is conditional on agreeing to the content of the Terms and Conditions, Privacy Policy and providing personal data indicated therein.

6. The conclusion of a Sales Agreement through the Online Store is reached:

either by creating an Account and logging into one's Account and correctly, completely filling in the Order form by:

selecting the Goods,
adding the selected Goods to the shopping cart,
choosing the method of delivery,
selecting the type of payment,
indicating the Place of delivery of the Goods,
confirming the placement of an Order in the Store by using the "Order with obligation to pay" button.

or by: selecting the Goods by clicking the "add to cart" button on the Online Store's website and performing the following actions;

correctly, completely filling out the form by indicating personal data: e-mail, first name, last name, and address data: country, street name, house or apartment number, postal code, city;
choice of delivery method,
choice of payment type,
checking the "check-box" confirming that you have read the Terms and Conditions and Privacy Policy;
indication of the Place of Delivery of the Goods
confirming the placement of an Order in the Store by using the "Order with obligation to pay" button.

(7) In the course of placing the Order - until the moment of confirmation of placing the Order in the Store, the Customer has the opportunity to modify the entered data and in the selection of Goods. For this purpose, follow the information available on the Store's website.

8. After placing the Order, the Customer receives an e-mail message, containing the final confirmation of all important elements of the Order by the Seller.

The contract is considered to be concluded from the moment the Customer receives the e-mail message referred to in item. 8 above.
If the conclusion of the Sales Agreement is made by e-mail:

a) The Seller sends an e-mail to the Customer confirming the content of the proposed Sales Agreement;

The Customer sends the Seller an Order by message to the e-mail address from which he received the confirmation referred to above;
in the case of a Customer who does not have an Account and has not previously accepted the Terms and Conditions and Privacy Policy, the Customer's acceptance of the Terms and Conditions and Privacy Policy is required.

11.In connection with an Order placed in accordance with para. 10 above, the Seller, in response to the Order, shall immediately send a message to the Customer at the e-mail address provided by the Customer for this purpose, confirming the receipt of the Order and commencing its verification.

12.After verifying the Order (placed by e-mail), without unreasonable delay, the Seller shall send a message to the Customer at the e mail address provided by the Customer with: (1) confirmation of acceptance of one or more individual offers for the Goods, submitted under the Order and confirmation of the conclusion of the Sales Agreement (acceptance of the Order with respect to the Goods indicated in the message), or (2) information on the inability to accept all or part of the offers for the Goods, submitted under the Order.

13.The Sales Agreement according to the procedure indicated in item. 10 above is concluded upon confirmation of the offer(s), i.e. receipt by the Customer of the message referred to in sec. 12 (1) above with respect to the Goods indicated therein.

14.The Sales Agreement is concluded in the Polish language, with the content consistent with the Regulations.

15.The Sales Agreement is concluded in accordance with Polish law.

16.Orders are accepted by the Seller electronically using the Online Store for 7 (in words: seven) days a week 24 (in words: twenty-four) hours a day.

17.The Seller may inform the Customer about the status of the Order, in particular by sending messages to the email address or SMS provided by the Customer.

18.The Seller shall strive to ensure the availability of all Goods and fulfillment of the Sales Agreement. In case of inability to fulfill the provision and in other situations defined by law, the relevant provisions of the Civil Code, including Articles 493-495 of the Civil Code, in particular concerning the obligation to immediately return the provision to the Consumer, may apply.

19.Prices in the Online Store are given in Polish zloty, including value added tax. Prices of goods presented in the Online Store do not include the price of transport of Goods to the place indicated by the Customer. The cost of transport depends on the delivery option of the Goods selected by the Client at the stage of completing the order form.

20.The price of the Goods presented in the Online Store before adding the Goods to the shopping cart is only in the nature of an invitation to start negotiations and may differ from the price of the Goods after adding the Goods to the shopping cart. The difference in price is affected in each case by the following circumstances: the quantity of the Goods, the value of the Order, the method of delivery, the method of payment.

21.The Seller allows the following methods of payment of the Price for the purchased Goods:

a) via Paynowsettlement service , in accordance with the provisions of Paynow Regulations;

b) through PayPal billing service, in accordance with the provisions of PayPal Regulations;

c) by bank transfer to the bank account number: 75 1140 2004 0000 3902 7936 6720

d) cash on delivery (payable upon receipt of shipment).

e) Installments and Leasing through the platformafinansowa.pl

22.The date of payment in the case of payments made via: PayNow and PayPal billing service - is the moment immediately following the placement of the Order, in the case of payments made by bank transfer - the date of receipt of funds to the account 75 1140 2004 0000 3902 7936 6720, and in the case of cash on delivery- the date of delivery of the goods.

23.The Seller does not store the details of the payment or credit card through which the Customer makes payment.

24.The total value of the Order includes the Price, the cost of shipping to the Customer and any other costs of optional paid services selected by the Customer. The Seller may, during the period selected by the Seller, determine the threshold of the minimum value of the Order for which the shipment of the Goods is free of charge. The total price including taxes of the Goods being the subject of the Order, as well as the cost of delivery (including transportation, delivery and postal services fees) and other costs, and when the amount of these fees cannot be determined - the obligation to pay them, the Customer is informed during the placement of the Order, including when the Customer expresses his/her will to be bound by the Sales Agreement. Promotions in force in the Online Store are not cumulative, unless the provisions of the Promotion expressly provide otherwise.

25.In case of non-receipt of payment by the Seller of a Customer who has chosen to pay in advance, the Seller may contact the Customer to remind him of the payment, including by sending an e-mail. Failure to make payment within 7 days of placing the Order will result in termination of the concluded Agreement. If the Customer chooses to pay cash on delivery, the Customer is obliged to make payment upon receipt of the shipment. Refusal to pick up the Goods, despite setting an additional appropriate time limit, is a condition that terminates the Sales Agreement, and the Customer in such case shall be obliged, on the basis of a call for payment from the Seller, to reimburse the Seller for the shipping costs of the Goods not picked up in such case, and which does not deprive the Seller to claim additional compensation from the Customer in such case.

26.In the event that the Customer fails to collect the shipment for reasons beyond the Seller's control, the cost of re-shipment to the Customer shall be borne in full by the Customer.

27.The Seller may deprive the Client of the right to use the Online Store, as well as may restrict the Client's access to part or all of the Online Store's resources, with immediate effect, if the Client violates the Terms and Conditions, and in particular if the Client:

(a) provided during registration in the Online Store data that is untrue, inaccurate or outdated, misleading or violating the rights of third parties,

b) has committed, via the Online Store, a violation of personal rights of third parties, in particular personal rights of other customers of the Online Store,

1. will commit other behavior that will be considered by the Seller as inconsistent with applicable laws or general rules of Internet use or detrimental to the good name of the Seller.

28.A customer who has been deprived of the right to use the Online Store may not register again without the prior consent of the Seller.

29.In order to ensure the security of the transmission of messages and data in connection with the services provided on the website, the Online Store shall take technical and organizational measures appropriate to the degree of security threat to the services provided, in particular, measures to prevent unauthorized persons from obtaining and modifying personal data transmitted on the Internet.

IV. Order execution

Delivery of the Goods takes place at the address indicated by the Customer when placing the Order.
Delivery of the ordered Goods shall be made through a courier company in accordance with the option that can be selected within the framework of placing the Order by the Customer.
Fulfillment of the Customer's Order payable on delivery takes place immediately after the conclusion of the Contract of Sale, and the Order payable by bank transfer or through an electronic payment system after the conclusion of the Contract and the crediting of the Customer's payment to the Seller's account.
The execution of the Customer's order may be subject to obtaining a trade credit limit of at least the value of the Order or the Seller's consent to send the order on delivery (paid on delivery).
The Goods are dispatched within the timeframe specified on the Product Card, and for Orders consisting of multiple Goods within the longest timeframe of those specified on the Product Cards, but not earlier than the commencement of processing of the Order, in accordance with Section 3.
The purchased Goods are shipped to the Buyer together with the sales document selected by the Buyer (invoice or receipt) and sample statements referred to in these Regulations.
Delivery deadlines may be extended in the event of circumstances occurring after the shipment has been sent for transportation, caused by the fault of the carrier, the fault of the Customer or of a force majeure nature.
If the Customer or the person authorized to receive the Goods is absent from the place of delivery at the time of the first attempt by the carrier to deliver the Goods, the deadline for delivery of the Goods shall be deemed to have been met if the carrier advises the shipment.
Recording, securing, making available and confirming to the Customer the material provisions of the Sales Agreement shall be done by sending to the Customer the content of the submitted Order with the material provisions to the e-mail address provided by the Customer together with the Proof of Purchase.
If the Customer finds any damage to the shipment, it is recommended to prepare a damage report in the presence of the courier and immediately inform the Seller about it.
Replacement of purchased and non-defective Goods is possible only by using the withdrawal procedure as in Section V. below and placing and paying for a new, independent Order.

V. Right of withdrawal from the Sales Contract of Goods

The Consumer, in case of concluding a Distance Sales Agreement, shall have the right to withdraw from the Sales Agreement concluded with the Seller without giving any reason and without incurring costs other than those provided by law, within 14 days from the date of receipt of the Goods by the Consumer.
The Consumer exercising the right indicated in item. 1 above, may withdraw from the Sales Agreement by making an appropriate statement.
The statement of withdrawal may be submitted by the Consumer on the form, the template of which is attached as Appendix No. 2 to the Consumer Law, on the form available at http://szakla4x4.pl/content/11-reklamacje-i-zwroty or in another written form in accordance with the Consumer Law. The Seller excludes the possibility of submitting a statement of withdrawal from the contract in other than written form.
The Consumer's statement of withdrawal from the Sales Agreement, should be sent to the address of the Online Shop: ul. Starczewska 3, 04-992 Warsaw, except that in order to meet the deadline for withdrawal from the agreement, it is sufficient to send a statement of exercising this right within this period.
In the case of withdrawal from the Sales Agreement concluded at a distance, the agreement is considered not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary within the limits of ordinary management. The Seller is obliged to return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Sales Agreement, all payments made by the Consumer, including the costs of Delivery of the Goods. If the Consumer has chosen a method of Delivery other than the cheapest ordinary method of Delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for additional costs, in accordance with Article 33 of the Consumer Law. The Seller is not responsible for return shipments.
If the Consumer exercises his/her statutory right to withdraw from the Sales Contract, the Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him/her. If the Seller has not offered to collect the Goods from the Consumer himself, the Seller may withhold reimbursement of payments received from the Consumer until he receives the Goods back or the Consumer provides proof of their return, whichever event occurs first.
The Consumer is obliged to return the Goods to the Seller immediately, no later than within 14 days from the date on which he withdrew from the Sales Agreement, or give them to a person authorized by the Seller for collection, unless the Seller offered to collect the Goods himself.
If the Consumer failed to return the Goods within the required period for reasons for which the Consumer is responsible, the Consumer is attributed to the delay. In such a case, the Seller may demand compensation for the damage resulting from the delay (Article 477 § 1 of the Civil Code).
If the Consumer exercises the statutory right of withdrawal, the Consumer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods. The Consumer's liability may include, in particular, the inability to put the Goods on sale as full-value Goods, the cost of reinsertion of safety elements, as well as the cost of restoring the Goods to a condition that makes it possible to put them back on sale within the framework of the Online Shop, including the cost of examination of the Goods by a specialist and the cost of removal of defects found as a result of such examination (to the extent that these defects result from the Consumer's use of the Goods in a manner beyond what is necessary to ascertain their nature, characteristics and functioning).
The right of withdrawal from a contract concluded at a distance, referred to in sec. 1 above, the Consumer is not entitled to with respect to contracts: (1) for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the performance by the Seller he will lose the right to withdraw from the contract; (2) in which 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 deadline for withdrawal from the contract; (3) in which the subject of performance is a non-refabricated good, produced to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of performance is a good that deteriorates rapidly or has a short shelf life; (5) in which the subject of performance is a good delivered in sealed packaging, which after opening cannot be returned for health or hygiene reasons, if the packaging has been opened after delivery; (6) in which the subject of performance are Goods, which after delivery, due to their nature, are inseparably connected with other things; (7) in which the Consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides in addition other services than those requested by the consumer, or provides Goods other than spare parts necessary for the performance of repair or maintenance, the right to withdraw from the contract shall be granted to the consumer in respect of additional services or Goods; (8) in which the object of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (9) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (10) concluded by public auction.
The Buyer, who is not a Consumer, does not have the right to withdraw from the Agreement, under the rules referred to in this paragraph, and in terms of sales, including the subject of the Agreement, the rules and deadlines for withdrawal from the Agreement are governed by the provisions of the Civil Code.
If the Consumer returns the Goods excessively worn, damaged or destroyed, and the condition of the packaging of the shipment at the time of delivery was not objectionable, the Seller has the right to charge the amount of compensation to the Customer on this account. After calling the Customer to pay the compensation, the Seller may make a statement of deduction of its claim for compensation for diminution in value of the goods with the Consumer's claim for reimbursement of costs incurred in connection with the concluded contract.
If the Consumer has made a statement of withdrawal from the contract before the Seller has accepted his offer, the offer ceases to be binding.

VI. Complaints

The basis and scope of the Seller's liability to the Customer if the sold Goods have a physical or legal defect (warranty) are set out in the provisions of the Civil Code Act, in particular in Article 556 and subsequent articles of the Civil Code.
The Seller is obliged to deliver Goods without defects. The Seller is exempt from liability under warranty if the Consumer knew about the defect at the time of conclusion of the Sales Agreement.
If the sold Goods have a defect, the Customer may:

make a statement to reduce the Price or withdraw from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Goods with defect-free Goods or removes such defect. The reduced price should remain in such proportion to the price under the contract as the value of the Goods with a defect remains to the value of the Goods without a defect. The Customer may not withdraw from the Sales Agreement if the defect in the Goods is insignificant;
demand replacement of the Goods with defect-free Goods or removal of the defect. The Seller shall be obliged to replace the defective Goods with defect-free Goods or remove the defect within a reasonable time without undue inconvenience to the Customer; with the reservations and under the rules set forth in the relevant provisions of the Civil Code.

The Customer may, instead of the removal of the defect proposed by the Seller, demand the replacement of the Goods with defect-free Goods or, instead of replacing the Goods, demand the removal of the defect, unless bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs in comparison with the manner proposed by the Seller. When assessing the excessive cost, the value of the Goods free from defects, the type and significance of the defect found, the type and significance of the defect found, as well as the inconvenience to which other means of satisfaction would expose the Consumer shall be taken into account.
The Customer may not withdraw from the contract if the defect is insignificant.
The Seller does not provide a warranty for the Goods it sells.
A properly filed complaint should contain the following data:

Customer data (name, surname, address, e-mail address, mailing address),
date of purchase of the Goods, type of the Goods complained about,
exact description of the defect and the date on which it was found, the Customer's request, as well as the Customer's preferred method of informing about the manner of processing the complaint.

(8) Along with filing a complaint, the Seller must be provided with the Proof of purchase of the Goods.

(9) If there are any deficiencies in the submitted complaint, the Seller will ask the Customer to complete them in accordance with the address data indicated in the complaint.

(10) The Customer who exercises warranty rights is obliged, at the expense of the Seller, to deliver the defective Goods to the complaint address, and if, due to the nature of the thing or the way it is installed, delivery of the thing by the Consumer would be excessively difficult, the Consumer is obliged to make the thing available to the Seller at the place where the thing is located. If the Seller fails to perform the obligation, the Consumer is entitled to return the thing at the expense and risk of the Seller.

(11) The Seller shall, within 14 days from the date of receipt of the complaint from the Consumer, inform him of his position on the validity of the reported claim.

12. The Consumer may file a complaint by sending a completed form prepared by the Seller to the address: Starczewska 3, 04-992 Warsaw, located on the Shop's website, or in writing without the form, whereby it is recommended to use the form.

13. The Seller shall be liable under warranty if a physical defect is discovered before the expiration of two years from the date of delivery of the Goods to the Customer. The claim for removal of the defect or replacement of the Goods with a defect-free one year from the date of discovery of the defect, but in the case of an Order placed by a Consumer - the course of the limitation period cannot end before the expiration of the period referred to in the first sentence.

14. The Customer should pick up the Goods complained of, immediately after being informed of the processing of his application and delivered to the address specified by the Customer. In the event that the Goods, are not collected, the Seller shall summon the Customer in writing or, alternatively, in another manner agreed with him personally, to collect the Goods within 14 days from the date of receipt of such summons.

15. The Seller may refuse to satisfy the request (complaint) of the Customer if bringing the defective goods into conformity with the contract in the manner chosen by the Customer is impossible or, compared with the other possible way of bringing them into conformity with the contract, would require excessive costs.

16. If the defective thing has been assembled, the Consumer may demand from the Seller to disassemble and reassemble it after replacement with a defect-free one or removal of the defect, but he shall be obliged to bear a part of the related costs exceeding the price of the sold thing, or he may demand from the Seller to pay a part of the costs of disassembly and reassembly, up to the amount of the price of the sold thing. If the Seller fails to perform the obligation, the Consumer is entitled to perform these activities at the expense and peril of the Seller.

VII. Out-of-court ways of dealing with complaints

The Customer, who is a Consumer, has, among other things, the following possibilities to use out-of-court ways of handling complaints and pursuing claims:
1. is entitled to apply to the provincial inspector of Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the company Szekla4x4 Damian Łaga
2. is entitled to apply to a permanent amicable consumer court acting at the provincial inspector of the Trade Inspection with a request to resolve a dispute arising from the concluded sales contract.
The use of out-of-court means of dealing with complaints and claims is voluntary.
In order to initiate proceedings, an appropriate application must be submitted to the locally competent Provincial Inspectorate of the Trade Inspection - depending on the type of proceedings - an application for mediation or an application to hear the case before an amicable consumer court. For convenience, application forms are available at the secretariat of each amicable consumer court, as well as on the websites of the Provincial Inspectorates of Trade Inspection. Detailed information about out-of-court procedures for handling complaints and pursuing claims, as well as rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php, www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php.
A Customer who is a Consumer may obtain free assistance in resolving a dispute between the Consumer and the Seller, using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection, such as the Consumer Federation (website address: www.federacja-konsumentow.org.pl.

VIII. Rights to content

Exclusive rights to the content made available/placed within the Online Store by the Seller or its contractors, in particular, copyrights to descriptions, photos, etc., the name of the Online Store (trademark), graphic elements included in it, software and database rights are subject to legal protection and belong to the Seller or entities with which the Seller has entered into relevant agreements. The Customer is entitled to use the aforementioned content free of charge, as well as to use content posted in accordance with the law and already distributed by other Customers within the Online Store, but only for his own personal use and only for the purpose of proper use of the Online Store, throughout the world. The use of the content in any other scope is permitted only on the basis of express, prior written consent, granted by an authorized entity, in writing under pain of invalidity.
All content, including graphics and photos on the Website are protected under the Act of February 4, 1994 on Copyright and Related Rights - they are creative and individual in nature. They cannot be copied without the permission of the Seller.
The Customer, by placing any content within the Online Store, in particular graphics, comments, opinions or statements in the Account or elsewhere in the Online Store, hereby grants the Seller a non-exclusive, perpetual, territorially unlimited and royalty-free license to use, fix, change, delete, supplement, publicly perform, publicly display, reproduce and distribute (especially on the Internet) such content, throughout the world. This right includes the right to grant sub-licenses to the extent justified by the performance of the Sales Agreement or the Service Agreement (including the operation and development of the Online Store), as well as the authorization to exercise, by itself or with the help of third parties, subsidiary rights in the development, adaptation, alteration and translation of the work within the meaning of the Law on Copyright and Related Rights of February 4, 1994. To the extent that the Customer is not entitled to grant the licenses referred to in this item. 3, the Customer undertakes to obtain for the Vendor such appropriate licenses.

IX. Protection of personal data

The Customer's personal data will be processed by the Seller in compliance with all security requirements as set forth in the applicable data protection legislation in accordance with the Privacy Policy attached to the Terms and Conditions.
Provision of personal data by the Customer is voluntary, but necessary in order to set up an Account, use certain Services, conclude a Sales Agreement, including the execution of a submitted Order.
Personal data are processed, as a rule, by the Seller, for the purpose of realization of the submitted Order. Provided personal data will be stored in the administrator's database and will be used for proper implementation of the Sales Agreement and, if the Client has given separate consent, for marketing purposes, in particular for the purpose of informing about new products, services and promotions, and for sending the Newsletter.
Personal data will be archived by the Seller for the period indicated in the Privacy Policy.
In accordance with the RODO, the Customer, as a rule, depending on the use of specific functionalities, has the right to lodge a complaint to the authority competent for the protection of personal data, the right to object, the right to access his/her personal data, to request rectification, deletion, restriction of processing and data portability.
Additional explanations regarding the protection of personal data are contained in the "Privacy Policy" available on the Online Store at : http://szakla4x4.pl/content/9-polityka-prywatnosci-i-plikow-cookies
Upon registration on the website of the Online Store, the Customer declares that he/she has been informed of his/her right to access and correct the contents of my personal data, as well as the free right to object to its processing at any time by contacting:

in electronic form, at: e-mail: [email protected], contact phone number
in writing, to the address: Starczewska 3, 04-992 Warsaw

The customer has the right to receive personal data concerning him/her in a structured commonly used machine-readable format. He also has the right to send this data to another Administrator, without hindrance from the Administrator from whom the data will be extracted (Article 20(1) RODO). In cases where this is technically possible. Customer may request the Administrator to send his data directly to another administrator (Article 20(2) RODO).
The Seller uses "cookies" files. Information collected using "cookies" allows to customize services and content to individual needs and preferences of Users, as well as are used to develop general statistics on the use of the Store by Users. Deactivating the option in the web browser that allows the storage of "cookies" files does not generally prevent the use of the Online Store, but may cause some difficulties.

X. Provisions concerning non-consumers

1. This section of the Terms and Conditions and the provisions contained therein shall apply only to Customers who are not Consumers.

(2) Customers who are not Consumers shall not have the right to withdraw from a Distance Sales Agreement concluded as Consumers in accordance with the Law on Consumer Rights.

(3) Upon release of the Goods by the Seller to the carrier, the benefits and burdens associated with the Goods and the danger of accidental loss of or damage to the Goods shall pass to the Customer who is not a Consumer. The Seller in such a case shall not be liable for loss, loss or damage to the Goods arising from the acceptance of the Goods for carriage until their release to the Customer, as well as for any delay in the carriage of the consignment.

(4) In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Goods to the Customer who is not a Consumer is excluded.

5. In the case of Customers who are not Consumers, the Seller may terminate the Agreement for the provision of Services or any license agreement with immediate effect and without indicating the reasons by sending to the Customer an appropriate statement in any form.

6. Neither the Vendor nor its employees, authorized representatives and agents shall be liable to the Customer, its subcontractors, employees, authorized representatives or agents for any damages, including consequential damages, indirect damages, loss of profits, unless the damage was caused by their willful misconduct.

7. Whenever the liability of the Seller, its employees, authorized representatives or agents is established, such liability to a Customer who is not a Consumer, regardless of its legal basis, shall be limited - both as a single claim and for all claims in the aggregate - to the amount of the Price paid under the last Sales Contract.

(8) Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Seller's registered office.

XI. Final provisions

Settlement of any disputes arising between the Seller and the Customer, who is a Consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
Contracts concluded by the Seller are concluded in the Polish language.
The choice of Polish law under the Terms and Conditions does not deprive the Consumer of the protection granted to him under the provisions that cannot be excluded by contract between the Seller and the Consumer, under the law that would be applicable under the relevant regulations in the absence of choice.
The Regulations and the appendices to the Regulations constitute a model contract within the meaning of Article 384 § 1 of the Civil Code.
The Seller reserves the right to make changes to the Terms and Conditions at any time. If changes are made to the Terms and Conditions, the Seller shall make the consolidated text of the Terms and Conditions available by publishing it in the Online Store and for Customers who have an Account as an obligation to accept it when logging in to the Account, which the Parties consider to be the introduction of information about the change into the means of electronic communication in such a way that the Customer can become familiar with its content.
Amendments to the Terms and Conditions shall be effective for the Customer from the moment of their acceptance when logging into the Account in the Online Store (applies to Customers who have registered in the Online Store). Amendments to the Terms and Conditions are irrelevant to the Sales Agreements concluded by the Customer and the Seller before the amendment of the Terms and Conditions.
The current version of the Terms and Conditions is always available to the Customer in the Terms and Conditions tab (https://szekla4x4.pl/content/17-regulamin-od-25122014). During the execution of the Order and throughout the period of after-sales care, the Customer is bound by the Terms and Conditions accepted by the Customer when placing the Order.
The Seller is not responsible for blocking by the administrators of mail servers that handle the Client's e-mails the transmission of the Seller's messages to the e-mail address indicated by the Client, as well as for deleting and blocking e-mails sent by the Seller by software installed on the computer used by the Client.
The Seller shall not be liable for transactions made by unauthorized third parties who have gained access to the Online Store Account as a result of the Client's loss or disclosure of the login or password to such Account.
The Regulations are effective as of 09-11-2020.