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Terms and Conditions


Stuff4Car Online Shop Terms and Conditions


 


valid for contracts concluded since 18 November 2019
 


 


§1 Initial provisions


 


  1. Terms and Conditions means these Terms and Conditions for the provision of electronic services by Stuff4Car online shop pursuant to the provisions of the Consumer Rights Act of 30 May 2014. It defines the conditions for the provision of electronic services to Customers by Stuff4Car Leszek Posłuszny, based in Bielsko-Biała, via the website shop.stuff4car.com.
  2. Customer means a natural person, a legal person or an organizational unit.
  3. Consumer means a Client who concludes a Contract not directly related to their business or professional activity.
  4. Seller means the company Stuff4Car Leszek Posłuszny, entered into the Polish Central Registration and Information on Business maintained by the Minister of Economy, with its registered office in Bielsko-Biała at ul. Zapłocie Małe 169, NIP: 5471936376, EU VAT : PL5471936376, REGON: 241286159; email: info@stuff4car.com, being the service provider, the administrator and the owner of the Shop.
  5. Shop means the online shop run by the Seller at the address shop.stuff4car.com. The Shop provides Electronic Services to Customers, including Sales service.
  6. Electronic Service means a service provided by the Seller to the Customer on the basis of a Contract concluded between the parties through the Shop, as part of an organised system of concluding distance contracts, without the simultaneous physical presence of the parties.
  7. Cart means a list of Products which are subject of an order by the Customer.
  8. Sales Contract means a Product sales agreement concluded between the Customer and the Seller via the Online Shop.
  9. Seller Contact Details means the Seller's details used by the Customer to contact the Seller, i.e. the address at ul. Zapłocie Małe 169, 43-300 Bielsko-Biała, Polska (Poland), email address info@stuff4car.com, mobile phone number: +48573462444.
  10. Customer Contact Details means the Customer's details used by the Seller to contact the Customer, including the correspondence address, email address and telephone number.
  11. Customer Account means a panel to manage Customer orders, available in the Shop upon Registration and login.
  12. Registration means the creation of a Customer Account by the Customer using the Shop’s registration form located on its website.
  13. Product means an item presented in the Shop by the Seller for sale.
  14. Delivery means the delivery of Products to the Customer, at the destination indicated by them, through the Carrier.
  15. Carrier means an entity that performs the Delivery of Products in cooperation with the Seller.
  16. External Payment System means an Internet payment system used by the Seller.
  17. Working Days means days from Monday to Friday, excluding public holidays.


 


§2 General terms and conditions


 


  1. The Seller provides Electronic Services under the Terms and Conditions available on the Shop's website at shop.stuff4car.com.
  2. The information provided on the Shop's website is only an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code, addressed by the Seller to the Customer, and does not constitute an offer under the provisions of the Civil Code.
  3. All Electronic Services are provided via the Shop's website 24 hours a day, 7 days a week.


 


 


§3 Terms of use and Registration


 


  1. In order to use the Shop the Customer must have a computer, laptop or other multimedia device with Internet access, a correctly configured web browser in its current or previous version: Microsoft Edge, Mozilla Firefox, Google Chrome, Safari, or Opera, as well as an active and correctly configured email account and a telephone.
  2. The Customer's orders are managed via the Customer Account. The use of the Customer Account is possible after its creation, using the appropriate login and password. In order to use the Customer Account it is necessary to log in with a password.
  3. The creation of a Customer Account is done through voluntary registration that includes filling in and sending the registration form to the Seller. The form is available on the Shop's website.
  4. Before sending the registration form, the Customer should declare that they have read and accepted the Terms and Conditions and Privacy Policy, by ticking the appropriate box.
  5. Failure to do the above prevents the creation of a Customer Account and the Registration.


 


 


§4 Provision of free-of-charge Electronic Services


 


1.       The following Electronic Services are available in the Stuff4Car online shop: a contact form, an order form, a product inquiry, a Customer Account and a newsletter.


  1. The contract for the provision of the contact form is concluded for a fixed period at the moment of starting to use the contact form and is terminated upon using it or discontinuing this activity by the Customer. The subject of this contract is to make the contact form available on the website of the Shop in order for the Customer to send a message to the Seller.
  2. The contract for the provision of the order form is concluded for a fixed period at the moment of starting to use the order form and is terminated upon making an order or discontinuing this activity by the Customer. The subject of this contract is to make the order form available on the website of the Shop in order for the Customer to send an order to the Seller.
  3. The contract for the provision of the product inquiry is concluded for a fixed period at the moment of starting to use the product inquiry function and is terminated upon using it or discontinuing this activity by the Customer. The subject of this contract is to provide the product inquiry option in order for the Customer to enquire about the availability of a Product from the Seller.
  4. The contract for the provision of the Customer Account is concluded for an indefinite period at the time of registration of the Customer Account. The subject of this contract is to provide the Customer order management panel.
  5. The contract for the provision of the Newsletter service is concluded for an indefinite period at the moment when the Customer receives an email with a confirmation of conclusion of the contract for the provision of the Newsletter service by the Seller. The Customer orders the service by using the appropriate Newsletter activation field in the registration form or in any other form made available by the Seller on the Shop's website. The subject of this contract is a service provided by the Seller for the Customer, involving the sending of emails containing information on Products or Electronic Services provided by the Seller. This contract terminates as soon as the Customer unsubscribes from the Newsletter by using the deactivation field in the Customer Account area or by using the url link included in each Newsletter message.
  6. A contract for the provision of a free Electronic Service may be terminated by the Customer or the Seller without giving any reason and at any time, using the functionalities specified in the Terms and Conditions or by email sent to the email address specified in the Seller Contact Details or the Customer Contact Details.


 


 


§5 Order


 


  1. Orders for Products may be placed via the Shop's website 7 days a week, 24 hours a day, using the Cart function.
  2. After completing the list of Product orders in the Cart area, the Customer specifies:


a)                    the method of Delivery of the Products by selecting the appropriate Delivery option,


b)                   the method of payment by selecting the appropriate payment option,


c)                    the invoice details,


d)                   the Delivery address, email address and telephone number.


  1. Prior to placing an order by the Customer, information is displayed in the Cart area about the total price of the order, including taxes and derivative costs, in particular the costs of Delivery and payment.
  2. If the Customer placing an order is logged into their Customer Account, the Customer moves to the next stage of placing the order.
  3. If the Customer placing an order is not logged into their Customer Account, the Customer selects the method of placing the order:


a)                    by using the Customer Account that will be registered. In this case, the Customer registers the Customer Account and uses it to move to the next stage of placing the order;


b)                   without using the Customer Account. In this case, the Customer moves to the next stage of placing the order;


c)                    by using the Customer Account. In this case, the Customer moves to the next stage of placing the order.


  1. Placing an order can be done by using the field "Pay" or "Order with an obligation to pay" (depending on the chosen payment method) in the Cart and is equivalent to placing an offer by the Customer to the Seller to conclude a Sales Contract for the Products included in the order.
  2. The order placed can be changed by the Customer until they receive the information about the shipment by the Seller.
  3. Changes to an order may include cancellation, partial cancellation, adding Products, change of Delivery address.
  4. The Seller shall immediately inform the Customer if any circumstances make it impossible to complete the order. This information is provided by telephone or electronically, using the Customer Contact Details. The information may include the following ways to modify the order:


a)                   cancellation of the portion of an order that cannot be executed, resulting in a recalculation of the order value,


b)                   dividing the Products subject to Delivery into a portion that is possible to deliver and a portion that will be delivered at a later date, which does not result in a recalculation of the order value,


c)                   cancellation of the entire order, which results in the cancellation of the order value.


  1. A confirmation of order acceptance is done by the Seller sending an email to the email address indicated in the Customer Contact Details. The confirmation of order acceptance is deemed equivalent to the Seller's acceptance of the Customer's offer to conclude a Sales Contract.


 


 


§6 Sales


 


  1. The Seller provides Customers with the service of distance sales of Products through the Shop.
  2. The subject matter of the Sales Contract shall include the Seller's obligation to transfer the ownership of the Products to the Customer and to release them, and the Customer's obligation to collect the Products and pay the Seller the price of the Products.
  3. The Seller reserves the right to conduct promotional campaigns that involve reducing the price of a Product until a specified date or until the stock of the promotional Products is exhausted.
  4. By concluding a Sales Contract, the Seller undertakes to deliver Products without defects to the Customer.
  5. The Sales Contract shall be concluded at the moment when the Seller confirms acceptance of the Customer's order.
  6. The release of Products shall take place immediately and usually within one Business Day, but never later than within 30 days from the date of conclusion of the Contract.
  7. The delivery time for Products may change if the Customer changes the order.
  8. The release of Products shall take place via a Carrier to the address provided by the Customer.
  9. The Products shall be released not earlier than upon payment by the Customer.
  10. The Seller shall confirm the release of Products to the Carrier for delivery to the address provided by the Customer during the ordering process, by sending an email to the Customer's email address.
  11. The risk of accidental loss or damage of the goods shall pass to the Consumer upon its delivery to the Consumer.
  12. The delivered shipment should be examined by the Customer in the presence of the Carrier. In the event of damage to the shipment, it is recommended that the Customer prepares a damage report.


 


 


§7 Payment


 


  1. The value of payment for Sale is determined on the basis of the price list of Products, available on the Seller's website at the time of ordering the Product. Prices stated on the Shop's website for a given Product are gross prices stated in EUR and USD, and include VAT, but do not include the costs of Delivery of the Product and the chosen payment method. For export outside European Union (EU), on checkout VAT is stripped off the calculated total.
  2. Transaction and Delivery costs shall be borne by the Customer.
  3. The total order price, shown in the Cart area before placing an order and after selecting the method of Product Delivery and payment, includes the price for the ordered Products together with the tax amounts due and all related costs, in particular the costs of Delivery and transaction. The total price of the order is binding for the Seller and the Customer.
  4. The Shop enables the following methods of payment for the sales services provided:


a)                   by bank transfer to the Shop's bank account (the transfer must be made to the account maintained in a given currency, and the payer should choose to cover the transaction cost of the transfer so that the full amount is credited to the Shop's account);


b)                   through the Paypal payment system (including credit cards and prepaid Paypal account options).



c)                   through the iMoje (ING Bank Śląski S.A. Katowice, Poland) payment system (credit cards)

 

  1. The due date of payment falls on the date of delivery of the Product.
  2. An invoice (for company/business Buyers after providing full details including EU VAT number for EU customers, and for every buy from outside EU) or register counter bill (for individual/non-business customers from EU) for the Sales Service shall be attached to the Products delivered.
  3. The Customer agrees to receive invoices in electronic form.
  4. A return of payment by the Seller takes place immediately, no later than within 14 days from the date of the cause, in the case of:


a)                   withdrawal from the Contract by the Consumer,


b)                   resignation by the Customer from an order or part of an order paid for before the order execution,


c)                   accepting by the Seller a warranty claim in whole or in part, on the basis of generally applicable regulations.


  1. The refund is made using the same payment method as used by the Customer in the original transaction unless the Customer agrees to another solution that does not involve any costs for them.
  2. If the Customer has chosen a method of delivery of the Products other than the cheapest usual delivery method offered by the Seller, the Seller is not obliged to refund the additional Product Delivery costs incurred by the Customer.


 


 


§8 Warranty and claims


 


  1. Customers may submit Complaints in writing to the following address: ul. Zapłocie Małe 169, 43-300 Bielsko-Biała, Polska (Poland), or by email to info@stuff4car.com
  2. A claim should include a description of the problem and the Customer's identification data.
  3. The Seller handles complaints within 14 days from the date of submission. It is recommended that the content of the claim includes the Customer Contact Details, which will be used to respond to the claim and to communicate with the Customer.
  4. If the claim concerns a Product, in order for the claim to be handled by the Seller, the Customer should deliver or send the Product to the address of the Seller.
  5. Claims may be made under statutory warranty for defects of Products covered by the Sales Contract and other Electronic Services.
  6. If a Product has a defect, the Customer may request replacement of the Product with one free of defects or removal of the defect. The Seller is obliged to replace the defective Product with one free of defects or to remove the defect within a reasonable time without undue inconvenience to the Customer.
  7. If bringing the defective Product into conformity with the Contract in the manner chosen by the Customer is impossible or would require excessive costs in comparison with the other possible manner of bringing it into conformity with the Contract, The Seller may refuse to satisfy the Customer's request.
  8. If the Customer is not a Consumer, the Seller may refuse to replace the Product with one free from defects or to remove the defect also in cases where the costs of remedying this obligation exceed the price of the Product sold.
  9. If a Product has a defect, the Customer may submit a statement on price reduction or on withdrawal from the Contract, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective Product with one free from defects or removes the defect. This limitation shall not apply if the Product has already been replaced or repaired by the Seller or if the Seller has not fulfilled its obligation to replace the Product with one free from defects or to remove a defect. The Customer may not withdraw from the Contract if the defect is immaterial.
  10. The Consumer may, instead of the defect removal proposed by the Seller, demand a replacement of the Product with one free from defects or, instead of replacement of the Product, demand a removal of the defect, unless bringing the Product to 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. In assessing the excessive costs the following shall be taken into account: the value of the Product free from defects, the type and significance of the defect found, as well as the inconvenience to which the Consumer would be exposed by other means of satisfaction.
  11. The reduced price referred to in point 9 and 10 above should be in such proportion to the price arising from the Contract, in which the value of the Product with the defect is to the value of the Product without the defect.
  12. The Consumer may use the following out-of-court complaint and redress procedures:


a)                   filing a request for resolving a dispute arising from the concluded Sales Contract with the permanent consumer court of arbitration acting at the Trade Inspection Authority,


b)                   filing a request to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Seller to the competent Provincial Inspectorate of the Trade Inspection,


c)                   using the assistance of a poviat or municipal consumer ombudsman or a social organisation whose statutory tasks include consumer protection,


d)                   lodging a complaint via the EU ODR platform available at http://ec.europa.eu/consumers/odr/.



13. The Products may be covered by the manufacturer's or distributor's guarantee. In such a case, the Customer is entitled to make a guarantee claim for a Product, using the rights resulting from the guarantee, by submitting the claim to the guarantor. Claims may be submitted via the Seller or directly to the guarantor.


14.The Customer may exercise the rights under statutory warranty for physical defects of things regardless of the rights resulting from the guarantee.



 


§9 Termination of the Contract


 


1.       The Consumer from European Union territory (including EU business customers in priviledge position where goods bought are not used to perform their business/professional activity - e.g. not for resale or as workshop tool) may, without giving any reason, withdraw from the contract for the provision of services, including the Sales Contract, within 14 days. Customers from outside European Union territory do not have such right (due to difficulties and excecessive costs of handling Customs taxes, agents fees and sorting out both ways so doubled import tax charges)


2.       The right to withdraw from the Contract is not granted to the Consumer with respect to, among others, the Sales Contract:


a)                   if the Seller has performed the service in full with the express consent of the Consumer, who was informed before the performance began, that after the performance by the Seller they would lose the right to withdraw from the Contract,


b)                   for a non-prefabricated Product, manufactured to the Consumer's specification or intended to meet their individual needs.


c)                    for Consumers from outside European Union intermal market territory where Customs export procedure was applied


3.       The Consumer may withdraw from the Sales Contract by submitting a declaration of withdrawal from the Contract to the Seller. A declaration of withdrawal from the Sales Contract may be made:


a)                   in writing – to the following address: ul. Zapłocie Małe 169, 43-300, Bielsko-Biała, Polska (Poland);


b)                   by email sent to the address: info@stuff4car.com.


4.       If the Seller receives a declaration of withdrawal from the Contract by the Consumer through email, they will immediately send the Customer a confirmation of receipt.


5.       Immediately, but no later than within 14 days from the date on which the Consumer withdrew from the Sales Contract, the Consumer is obliged to return the Product to the Seller or transfer it to a person authorized by the Seller. To meet the deadline, it is sufficient to return the Product before the return period has expired. This provision does not apply if the Seller has offered to collect the Product.


6.       The Consumer is liable for any reduction in the value of the Product resulting from its use beyond what is necessary to establish the nature, characteristics and functioning of the Product.


7.       In case of withdrawal from the Sales Contract, the contract is deemed to not have been concluded. If the Consumer submitted a statement of withdrawal from the Sales Contract before the Seller accepted his offer, the offer ceases to be binding.


8.       In case of exercising the right of withdrawal, the cost of returning the goods shall be borne by the buyer.


 


§10 Additional provisions


 


1.          All trademarks, graphic elements and photographs placed on the Shop's website to present Products are subject to copyright of their respective owners.


2.          The Internet address of the shop, its logotypes, name and Terms and Conditions are subject to copyright ownership and a subject of legal protection.


3.          The Customer acknowledges that it is forbidden to provide illegal content by the Customer.


4.          The Seller undertakes to make every effort to enable the proper functioning of the Shop and to provide assistance in solving technical problems related to its operation.


5.          The Seller undertakes to conduct activities aimed at protecting the data contained in the Customer Account against unauthorized access and use. The Customer is responsible for the consequences of disclosing their login or password to third parties.


 


 


§11 Final provisions


 


1.       The Seller may collect information in order to store it locally on the Customer's device, using the browser's cache using cookies.


2.       Personal data of the Shop users are processed on the basis of the data subjects' consent or when it is necessary for the performance of the Contract, when the data subject is a party to it, or when it is necessary to take action before the conclusion of the Contract at the request of the data subject.


3.       Personal data is collected in order for the Shop to provide services.


4.       The principles of protection and processing of personal data and the cookie policy are regulated in the document “Privacy Policy”, available on the website of the Shop.


5.       When concluding a Service Contract, the Customer voluntarily authorizes the Seller to send to the Customer Contact Details information related to the contracts and their performance, as well as commercial information in the event of a separate consent of the Customer.


6.       Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any rights of Consumers under mandatory provisions of law.


7.       In the event of any unintended non-compliance of these Terms and Conditions with the above provisions of law, the above provisions of law shall prevail and the Seller shall apply them.


8.       In matters not regulated by these Terms and Conditions, the provisions of Polish law shall apply.