Regulations from 25.12.2014 to 25.12.2014

The conclusion of the contract between the Buyer 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 those amending the provisions of the Regulations below. These negotiations should be conducted in writing and addressed to the Seller Szekla4x4.pl Jowita Jasińska 8 Starodawna Street 02-998 Warsaw NIP: 113-208-21-88.

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

REGULATIONS

§1 Definitions

  1. Postal address -name and surname or name of the institution, location in the locality (in the case of a locality divided into streets: street, building number, apartment or premises number; in the case of a locality not divided into streets: name of the locality and property number), postal code and locality.
  2. Claim address:

Szekla4x4.pl Jowita Jasinska
Starodawna 8
02-998 Warsaw.

  1. Delivery price list- located at http://szakla4x4.pl/content/12-wysylka-i-koszty summary of available types of delivery and their costs.
  2. Contact information:

Szekla4x4.pl Jowita Jasinska
ul. Starodawna 8
02-998 Warsaw
e-mail: [email protected]
phone: 534400534

  1. Delivery - a type of shipping service along with the definition of the carrier and the cost listed in the delivery price list located at http://szakla4x4.pl/content/12-wysylka-i-koszty
  2. 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.
  3. Product card - a single sub-page of the store containing information about a single product.
  4. Customer -an adult individual with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to its business or professional activity.
  5. Civil Code - the Civil Code Act of April 23, 1964, as amended.
  6. Code ofGood Practices - a set of rules of conduct and, in particular, ethical and professional standards referred to in Article 2 item. 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
  7. Consumer - an adult natural person with full legal capacity, making a purchase from the Seller not directly related to his/her business or professional activity.
  8. Basket - a list of products compiled from the products offered in the store based on the Buyer's choices.
  9. Buyer - both Consumer and Customer.
  10. Place of release of items - the postal address or collection point indicated in the order by the Buyer.
  11. The moment of release of the item - the moment when the Buyer or a third party indicated by the Buyer for collection takes possession of the item.
  12. Payment - the method of payment for the object of the contract and delivery listed at http://szakla4x4.pl/content/14-platnosci.
  13. Consumer law - the law on consumer rights of May 30, 2014.
  14. Product - 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 measurement when determining its price (price/unit).
  15. Subject of the contract - the products and delivery that are the subject of the contract.
  16. Subject of performance - the subject of the contract.
  17. Pick-up point - the place of delivery of the thing that is not a postal address, listed in the list provided by the Seller in the store.
  18. Item - a movable thing that can be or is the subject of the contract.
  19. Store - the Internet service available at szekla4x4.pl, through which the Buyer can place an order.
  20. Seller:

Szekla4x4.pl Jowita Jasinska
ul. Starodawna 8
02-998 Warsaw
 NIP: 113-208-21-88, REGON : 146491654,
registered and visible in CEDIG records at:
 https://prod.ceidg.gov.pl/CEIDG/CEIDG.Public.UI/SearchDetails.aspx?Id=143aee12-261b-434a-9e3e-442739390210

BANK ACCOUNT: 33 1140 2004 0000 3802 7460 7832

  1. System - a set of cooperating IT devices and software, providing processing and storage, as well as sending and receiving data via telecommunication networks by means of a terminal device appropriate for the type of network, commonly referred to as the Internet.
  2. Lead time - the number of hours or working days specified on the product card.
  3. Contract - a contract concluded off-premises or at a distance within the meaning of the Consumer Rights Act of May 30, 2014 in the case ofConsumers and a contract of sale within the meaning of Article 535 of the Civil Code Act of April 23, 1964 in the case of Buyers.
  4. Defect - both a physical defect and a legal defect.
  5. Physical defect - the non-conformity ofthe sold thing with the contract, and in particular if the thing:
  6. it does not have the properties that a thing of this kind should have due to the purpose specified in the contract or resulting from the circumstances or purpose;
  7. does not have the properties, the existence of which the Seller assured the Consumer,
  8. is not suitable for the purpose about which the Consumer informed the Seller at the conclusion of the contract, and the Seller has not raised any objections to such purpose;
  9. has been given to the Consumerin an incomplete condition;
  10. if it has been incorrectly assembled and launched, if these actions have been performed by the Seller or a third party for whom the Seller bears responsibility, or by the Consumer who followed the instructions received from the Seller;
  11. it does not have the property which was assured by the manufacturer or his representative or the person who places the thing on the market within the scope of his business activity and the person who, by placing his name, trademark or other distinctive sign on the sold thing, presents himself as the manufacturer, unless the Seller did not know these assurances and, judging reasonably, could not have known or they could not have influenced the Consumer 's decision to conclude the contract, or if their content was corrected before the conclusion of the contract.
  12. Legal defect - a situation when the sold thing is the property of a third party or is encumbered with a right of a third party, and also if the restriction in the use or disposal of the thing results from a decision or ruling of a competent authority.
  13. Order - a declaration of will of the Buyer made through the store, specifying unambiguously: type and quantity of products; type of delivery; type of payment;place of delivery; Buyer' s data and aiming directly at concluding a contract between the Buyer and the Seller.

§2 General conditions

  1. The contract is concluded in the Polish language, in accordance with Polish law and these terms and conditions.
  2. The place of issue of the item must be in the territory of the Republic of Poland.
  3. The Seller is obliged and undertakes to provide services and deliver items free from defects.
  4. All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
  5. The Seller does not give the Buyer a guarantee within the meaning of Article 577 of the Civil Code, but informs about the known guarantees given by third parties for the products in the store.
  6. Confirmation, access, recording, securing of all material provisions of the contract for future access to this information takes place in the form of:
  7. confirmation of the order by sending to the indicated e-mail address: order, pro forma invoice, information about the right to withdraw from the contract, these regulations in pdf version, model form of withdrawal from the contract in pdf version, links to self-download regulations and model withdrawal from the contract;
  8. attach to the completed order, sent to the designated place of delivery of items printed: proof of purchase, information about the right to withdraw from the contract, these terms and conditions, model withdrawal form.
  9. The Seller shall not charge any fees for communication with him using means of remote communication, and the Buyer shall bear its costs in the amount resulting from the contract he has concluded with a third party providing him with a specific service enabling remote communication.
  10. 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 a 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 correct display of the store, so in order to obtain full functionality of szekla4x4.pl store , you should disable them all.
  11. Buyer can use the option of remembering his data by the store to facilitate the process of placing another order. For this purpose, the buyer should provide the login and password necessary to access his account. The login and password are a string of characters established by the Buyer, who is obliged to keep them secret and protect them from unauthorized access by third parties. The buyer has the ability to view, correct, update data and delete the account in the store at any time.
  12. The seller adheres to the code of good practice.

§3 Contract conclusion and execution

  1. Orders can be placed 24 hours a day.
  2. To place an order, the Buyer should perform at least the following actions, some of which may be repeated several times:
  3. adding the product to the shopping cart;
  4. choosing the type of delivery;
  5. selection of the type of payment;
  6. choosing the place of delivery of the item;
  7. placing an order in the store by using the "Order with obligation to pay"button.
  8. The conclusion of the contract with the Consumer occurs when the order is placed.
  9. The realization of the Consumer 's order paid on delivery takes place immediately, and the order paid by bank transfer or via electronic payment system after the Consumer's payment is credited to the Seller's account.
  10. The conclusion of the contract with the Consumer takes place upon acceptance of the order by the Seller, of which he informs the Consumer within 48 hours of placing the order.
  11. The realization of the order of the Customer paid on delivery takes place immediately after the conclusion of the contract, and the order paid 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.
  12. The execution of the Customer's order may be subject to payment of all or part of the order value or obtaining a trade credit limit of at least the order value or the Seller's consent to send the order on delivery (paid on delivery).
  13. The shipment of the subject of the contract takes place within the time limit specified on the product card, and for orders composed of multiple products within the longest time limit of those specified on the product cards. The time limit begins to run when the order is processed.
  14. The purchased subject of the contract is shipped, together with the sales document selected by the Buyer, by the type of delivery selected by the Buyer to the place of delivery of the item indicated by the Buyer in the order, together with the enclosed attachments referred to in §2 item 6b.

§4 Right to withdraw from the contract

  1. A consumer, pursuant to Article 27 of the Consumer Law, has the right to withdraw from a contract concluded at a distance, without giving any reason and without incurring costs, except for the costs specified in Article 33, Article 34 of the Consumer Law.
  2. The deadline for withdrawal from a contract concluded at a distance is 14 days from the moment of delivery of the item, and sending the statement before the deadline is sufficient to meet the deadline.
  3. The declaration of withdrawal may be submitted by the Consumer on the form, the model 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 ConsumerLaw .
  4. The Seller excludes the possibility of submitting a statement of withdrawal from the contract in other than written form.
  5. The Seller shall immediately confirm to the Consumer by e-mail (provided at the conclusion of the contract and another if provided in the submitted statement) receipt of the statement of withdrawal from the contract.
  6. In the event of withdrawal from the contract, the contract is considered not concluded.
  7. The consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the day on which he withdrew from the contract. To meet the deadline it is sufficient to send the item back before its expiration.
  8. The consumer sends back the items that are the subject of the contract from which he has withdrawn at his own expense and risk.
  9. The consumer shall not bear the cost of providing digital content that is not recorded on a tangible medium, if he has not consented to the performance before the expiration of the deadline for withdrawal from the contract or has not been informed of the loss of his right of withdrawal at the time of giving such consent, or the entrepreneur has not provided confirmation in accordance with Article 15 (1) and Article 21 (1) of the Consumer Law.
  10. The consumer shall be liable for any diminution in the value of the thing which is the subject of the contract and which is the result of using it in a manner beyond what is necessary to ascertain the nature, characteristics and functioning of the thing.
  11. The Seller shall immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract made by the Consumer, return to the Consumer all payments made by the Consumer, including the cost of delivery of the thing, and if the Consumer has chosen a method of delivery other than the cheapest ordinary method of delivery offered by the Seller, the Seller will not return additional costs to the Consumer in accordance with Article 33 of the Consumer Law.
  12. 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 payment that does not involve any costs for the Consumer.
  13. The Seller may withhold reimbursement of the payment received from the Consumer until it receives the item back or the Consumer provides proof of its return, whichever event occurs first.
  14. The Consumer in accordance with Article 38 of the Consumer Law is not entitledto withdraw from the contract:
  15. 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 deadline for withdrawal from the contract;
  16. in which the subject of the performance is a non-refabricated thing, produced according to the consumer's specifications or serving to meet his individualized needs;
  17. in which the subject of the performance is an item subject to rapid deterioration or having a short shelf life;
  18. in which the subject of the performance is an item delivered in sealed packaging that cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery;
  19. in which the subject of the performance are things that after delivery, due to their nature, become inseparably connected with other things;
  20. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
  21. o the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiration of the deadline for withdrawal from the contract and after the entrepreneur has informed him of the loss of the right of withdrawal;
  22. for the supply of newspapers, periodicals or magazines, except for a subscription contract.

§5 Warranty

  1. The Seller, on the basis of Article 558§1 of the Civil Code, completely excludes liability to the Customers for physical and legal defects (warranty).
  2. The Seller shall be liable to the Consumer under the terms of Article 556 of the Civil Code et seq. for defects (warranty).
  3. In the case of a contract with a Consumer, if a physical defect is found before the expiration of one year from the time of delivery of the thing, it is assumed that it existed at the time when the danger passed to the Consumer.
  4. If the sold thing has a defect, the Consumer may:
  5. make a statement to demand a price reduction;
  6. make a statement to withdraw from the contract;

unless the Seller immediately and without excessive inconvenience for the Consumer replaces the defective thing with a defect-free one or removes the defect. However, if the thing has already been replaced or repaired by the Seller, or the Seller has failed to comply with the obligation to replace the thing with a defect-free or remove the defect, the Consumer is not entitled to replace the thing or remove the defect.

  1. The Consumer, may instead of the removal of the defect proposed by the Seller , demand the replacement of the thing to be free from defects or instead of the replacement of the thing demand the removal of the defect, unless bringing the thing into conformity with the agreement in the way chosen by the Consumer is impossible or would require excessive costs compared to the way proposed by the Seller, while assessing the excessive costs, the value of the thing free from defects, the type and importance of the defect found, as well as the inconvenience to which the Consumer would be exposed by another way of satisfaction is taken into account.
  2. The Consumer may not withdraw from the contract if the defect is insignificant.
  3. The consumer if the sold thing has a defect, may also:
  4. demand replacement of the thing with a defect-free one;
  5. demand removal of the defect.
  6. The Seller is obliged to replace the defective thing with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the Consumer.
  7. The Seller may refuse to satisfy the Consumer's request if bringing the defective thing into conformity with the contract in the manner chosen by the Buyer is impossible or, compared with the other possible way of bringing it into conformity with the contract, would require excessive costs.
  8. If the defective thing has been assembled, the Consumer may demand from the Seller to disassemble and reassemble it after the defect-free replacement or removal of the defect, but he shall be obliged to bear part of the related costs exceeding the price of the sold thing, or he may demand from the Seller to pay 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.
  9. AConsumer who exercises warranty rights is obliged, at the Seller 's expense, to deliver the defective thing 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.
  10. The cost of replacement or repair shall be borne by the Seller, except for the situation described in §4 item 10.
  11. The Seller shall be obliged to accept the defective item from the Consumer if the item is replaced with a defect-free item or withdraw from the contract.
  12. The Seller shall respond within fourteen days to:
  13. a statement requesting a price reduction;
  14. statement on withdrawal from the contract;
  15. the demand to replace the thing with a defect-free one;
  16. the demand to remove the defect.

Otherwise, he shall be deemed to have recognized the Consumer's statement or demand as justified.

  1. The Seller shall be liable under the warranty if a physical defect is discovered before the expiration of two years from the time of delivery of the thing to the Consumer, and if the object of sale is a used thing before the expiration of one year from the time of delivery of the thing to the Consumer.
  2. The Consumer' s claim for removal of the defect or replacement of the sold thing with a defect-free one-year limitation period, counting from the date of finding the defect, but not before the expiration of two years from the moment of issuing the thing to the Consumer, and if the object of sale is a used thing before the expiration of one year from the moment of issuing the thing to the Consumer.
  3. In the event that the shelf life of the item, as specified by the Seller or the manufacturer, ends after the expiration of two years from the moment of release of the item to the Consumer, the Seller shall be liable under the warranty for physical defects of the item found before the expiration of this period.
  4. Within the time limits specified in §4 items 15-17, the Consumer may submit a statement of withdrawal from the contract or reduction of the price due to a physical defect of the thing sold, and if the Consumer has demanded replacement of the thing with a defect-free one or removal of the defect, the course of the time limit for submission of a statement of withdrawal from the contract or reduction of the price shall begin when the time limit for replacement of the thing or removal of the defect expires ineffectively.
  5. If one of the rights under the warranty is asserted before a court or an arbitration court, the time limit for exercising other rights to which the Consumer is entitled under this title shall be suspended until the legal conclusion of the proceedings. Accordingly, it shall also apply to mediation proceedings, whereby the time limit for the exercise of other warranty rights to which the Consumer is entitled shall begin to run from the date of the court's refusal to approve the settlement reached before the mediator or the ineffective termination of mediation.
  6. For the exercise of rights under the warranty for legal defects of the sold thing, §4 items 15-16 shall apply, except that the running of the period shall begin from the date on which the Consumer learned of the existence of the defect, and if the Consumer learned of the existence of the defect only as a result of an action by a third party - from the date on which the judgment issued in the dispute with the third party became final.
  7. If, due to a defect in an item, the Consumer made a declaration of withdrawal from the contract or reduction of the price, he may demand compensation for the damage he suffered by the fact that he entered into the contract without knowing of the existence of a defect, even if the damage was the result of circumstances for which the Seller is not responsible, and in particular may demand reimbursement of the costs of entering into the contract, the costs of collection, transportation, storage and insurance of the item, reimbursement of the expenditures made to the extent that he did not benefit from them and did not receive their reimbursement from a third party, and reimbursement of the costs of the process. This is without prejudice to the provisions on the obligation to compensate for damages under the general rules.
  8. The expiration of any time limit for the discovery of a defect does not exclude the exercise of warranty rights if the Seller deceitfully concealed the defect.

§6 Privacy policy and security of personal data

  1. The administrator of the databases of personal data provided by consumers of the store is the Seller.
  2. The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997 and the Act on Providing Electronic Services of July 18, 2002. The Buyer , by providing his personal data to the Seller when placing an order, agrees to their processing by the Seller for the purpose of carrying out the order placed. The Buyer has at any time the possibility to inspect, correct, update and delete his personal data.
  3. Detailed rules for the collection, processing and storage of personal data used for the execution of orders by the store are described in the Privacy Policy, which can be found at: http://szakla4x4.pl/content/9-polityka-prywatnosci-i-plikow-cookies

§7 Final provisions

  1. None of the provisions of these Regulations is intended to violate the rights of the Buyer. Neither can it be interpreted in this way, because in the event of inconsistency of any part of the regulations with the applicable law, the Seller declares absolute compliance and application of this law in place of the disputed provision of the regulations.
  2. Registered Buyers will be notified of changes to the regulations and their scope by e-mail (to the e-mail indicated at registration or order). The notification will be sent at least 30 days before the new regulations take effect. Amendments will be made to adapt the regulations to the current state of the law.
  3. The current version of the regulations is always available to the Buyer in the regulations tab (https://szekla4x4.pl/content/17-regulamin-od-25122014). During the execution of the order and throughout the period of after-sales care, the Buyer is bound by the regulations accepted by him when placing the order. Except when the Consumer deems it less favorable than the current one and informs the Seller of the choice of the current one as applicable.
  4. In matters not covered by these regulations, the relevant applicable legal regulations shall apply. Disputes, if the Consumer so wishes, shall be resolved through mediation proceedings or an arbitration court. As a last resort, the case shall be resolved by a court of local and material jurisdiction.

5. the information posted on the store website does not constitute an offer within the meaning of the Civil Code.

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