Terms and Conditions

 Terms and conditions of the Stuff4Car online shop



valid for contracts concluded after 20.09.2019
 



§1 Preliminary provisions



    Terms and Conditions means these Terms and Conditions for the provision of electronic services by the 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.

    The Customer shall mean a natural person, a legal person or an organizational unit.

    Consumer means the Customer who concludes a Contract not directly related to the business or professional activity conducted by him.

    Seller means the company Stuff4Car Leszek Posłuszny, entered into the Central Records and Information on Economic Activity of the Republic of Poland kept by the competent minister of economy, with its registered office in Bielsko-Biała at Zapłocie Małe 169, NIP: 5471936376, EU VAT: PL5471936376, REGON: 241286159; e-mail: info@stuff4car.com, which is a service provider, administrator and owner of the Shop.

    Shop means an online shop run by the Seller at the address shop.stuff4car.com. The Shop provides Electronic Services to Customers, including the Sales Service.

    Electronic Service means a service provided by the Seller to the Customer on the basis of an Agreement concluded between the parties through the Store, within an organized system of concluding agreements at a distance, without the simultaneous physical presence of the parties.

    Basket means the list of Products subject to order by the Customer.

    Sales agreement means an agreement for the sale of a Product concluded between the Customer and the Seller via the Internet Shop.

    The Seller's Contact Details shall mean the Seller's details used by the Customer to contact the Seller, i.e. the address at Zapłocie Małe 169, 43-300 Bielsko-Biała, e-mail address: info@stuff4car, contact telephone number: +48573462444.

    The Customer Contact Details means the Customer's details with which the Seller may contact the Customer, including the correspondence address, e-mail address and telephone number.

    Customer Account means a panel for managing Customer's orders, available in the Shop on condition of Registration and Logging in.

    Registration means the creation of a Customer Account by the Customer using the registration form of the Store located on its website.

    Product means an item presented in the area of the Store by the Seller for sale.

    Delivery means delivery of Products to the Customer at the place of destination indicated by the Customer, by means of a Carrier.

    Carrier means an entity which is a carrier and which performs the activities of Delivery of Products in cooperation with the Seller.

    External Payment System - means the Internet payment system used by the Seller.

    Business Days are days from Monday to Friday, excluding public holidays.



§2 General Contract Terms and Conditions



    The Seller provides Electronic Services in accordance with the Regulations available on the shop.stuff4car.com website.

    The information provided on the Store'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 not an offer under the provisions of the Civil Code.

    All Electronic Services are provided via the Store's website 24 hours a day, 7 days a week.




§3 Terms of Use and Registration



    In order to use the Store it is necessary for the Customer to 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 properly configured email account and phone

    Customer orders are managed via the Customer Account. The use of the Client's Account is possible after its creation, using the appropriate login and password. In order to use the Client's Account, it is necessary to log in with a password.

    The creation of a Customer Account shall take place through voluntary registration, consisting in filling in and sending the registration form to the Seller, which is available on the Store's website.

    Before sending the registration form, by ticking the appropriate box, the Customer should declare that he has read the Regulations and Privacy Policy and accepts their provisions.

    Failure by the Customer to submit the declaration indicated in the above paragraph prevents the creation of an Account of the Customer and registration.

§4 Provision of free of charge Electronic Services



        The following Electronic Services are available in the Internet Shop: contact form, order form, product inquiry, Customer Account and newsletter.

    The contract for provision of the service of making the contact form available is concluded for a definite period of time at the moment of starting to use the contact form and is terminated at the moment of using it or discontinuing this activity by the Customer. The subject of this Agreement is to make available the contact form available on the website of the Store in order to send a message to the Seller.

    The agreement to provide the service of making the order form available is concluded for a fixed period of time at the start of the use of the order form and is terminated at the time of placing an order or abandonment of its submission by the Customer. The subject of this Agreement is to make available the order form available on the website of the Store in order to send the order to the Seller.

    The contract for the provision of services inquiry about the Product is concluded for a fixed period of time at the moment of starting to use the option of question about the Product and is terminated at the moment of using it or discontinuing this activity by the Customer. The subject matter of this Agreement is to make available the option of inquiring about the Product in order to inquire the Seller about the availability of the Product.

    The Agreement for the provision of the service of maintaining the Customer's Account is concluded for an indefinite period of time at the time of registration of the Customer's Account. The subject of this Agreement is to provide access to the Customer's order management panel.

    The contract for Newsletter service provision shall be concluded for an indefinite period of time at the moment when the Customer receives a confirmation of concluding the Agreement for Newsletter service provision by the Seller to the e-mail address. The Customer shall order the service by using the appropriate activation field of the Newsletter in the registration form or in any other form made available by the Seller on the Store's website. The subject of this Agreement is to provide the Seller for the Customer by sending e-mail messages containing information on the Products or Electronic Services provided by the Seller to the e-mail address. This Agreement shall be terminated when the Customer unsubscribes from the subscription using the deactivation field in the Customer Account area or using the url link that shall be included in each Newsletter message.

    The agreement for 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 Regulations or by e-mail sent to the e-mail address specified in the Seller's Contact Details or the Customer's Contact Details.


§5 Order



    Orders for Products may be placed via the Store's website 7 days a week, 24 hours a day, using the Cart function.

    After completing the list of Product orders in the Cart area, the Customer defines:

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

        payment method, by choosing the right payment option,

        details of the invoice,

        delivery address, e-mail address and telephone number.

    Prior to placing an order by the Customer, in the Cart area, information about the total price of the order, including taxes and derivative costs, in particular the costs of Delivery and payment, is displayed.

    If the Client is a logged in Customer Account Holder, he/she moves to the next stage of placing an order.

    If the Client is not a logged in Customer Account holder, he/she chooses the way of placing an order:

        using the Customer Account that will be registered. Then the Customer registers the Customer Account and uses it to move to the next stage of placing an order;

        without using the Client's Account. Then the Customer moves to the next stage of placing an order;

        using the Client's Account. Then the Customer moves to the next stage of placing an order.

    Placing an order can be done by using the field "Pay" or "I order with the obligation to pay" (depending on the chosen payment method) in the Basket and is tantamount to placing an offer by the Customer to the Seller to conclude a Sales Agreement for Products included in the order.

    The placed order may be changed by the Customer until the moment of receiving information about the shipment being sent by the Seller.

    Changing the order may include its cancellation, partial cancellation, extension with additional Products, change of delivery address.

    The Seller shall immediately inform the Customer of the impossibility of order execution in the event of circumstances causing it. This information is provided by telephone or electronically, using the Customer's Contact Details. The information may contain the following ways of modifying the order:

        cancellation of the part of the order that is impossible to execute, which results in calculation of the value of the order,

        divide the Products subject to Delivery into a part that is possible to Deliver and a part that will be delivered at a later date, which does not result in a conversion of the order value,

        cancellation of the order in its entirety, which results in cancellation of the order value.

    Confirmation of order acceptance takes place by sending an e-mail by the Seller to the e-mail address indicated in the Customer's Contact Details. Confirmation of order acceptance is tantamount to the Seller's acceptance of the offer to conclude the Sales Agreement, submitted by the Customer.



 



§6 Sales



    The Seller shall provide the Customer with the service of distance sales of Products through the Store.

    The subject matter of the Sales Agreement includes the Seller's obligation to transfer the ownership of the Products to the Customer and release them, and the Customer's obligation to collect the Products and pay the Seller the price of the Products.

    The Seller reserves the right to conduct promotional campaigns consisting in reducing the price of the Product to a specified date or exhausting the stock of Products to be promoted.

    By concluding a Sales Agreement, the Seller undertakes to deliver Products without defects to the Customer.

    The Sales Agreement is concluded at the moment of confirming the acceptance of the Customer's order by the Seller.

    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 concluding the Agreement.

    The delivery time of the Products may change in the event of a change in the order by the Customer.

    The release of Products takes place through the Carrier to the address given by the Customer.

    The release of the Products takes place not earlier than after payment by the Customer.

    The Seller confirms the release of Products to the Carrier for delivery to the address given by the Customer during the ordering process, by sending an e-mail to the Customer's e-mail address.

    The risk of accidental loss or damage of the item shall pass to the Consumer at the moment of its delivery to the Consumer.

    The delivered parcel should be examined by the Customer in the presence of the Carrier. In the case of damage to the shipment is recommended to prepare a protocol of damage by the Customer.



 §7 Payments



    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. The prices given on the Store's website for a given Product are gross prices given in Polish zlotys and include the value of VAT, but do not include the costs of Delivery of the Product and the chosen payment method.

    Transaction and Delivery costs are borne by the Customer.

    The total order price, visible in the area of the Basket before placing an order and after selecting the method of Delivery of Products and payment, includes the price for the ordered Products together with tax receivables and all related costs, in particular the costs of Delivery and transaction. The total price of the order is binding on the Seller and the Customer.

    The Shop enables the following methods of payment for Sales Services provided:

        transfer to the bank account of the Store,

        by transfer using the External Payment System operated by ING Bank Śląski S.A. with its registered office in Katowice.


    The due date falls on the moment of delivery of the Product.

    The VAT invoice or invoice for the Sales Service shall be attached to the Products subject to release.

    The Customer agrees to receive invoices in electronic form.

    The payment shall be returned by the Seller immediately, no later than within 14 days from the date of occurrence of the cause, in the case of:

        withdrawal from the Agreement by the Consumer,

        resignation by the Customer from the order or part of the order paid for before the implementation,

        recognition by the Seller of the claim covered by the complaint in whole or in part, on the basis of generally applicable regulations.

    The payment shall be refunded using the same payment method as the one used by the Customer in the original transaction, unless the Customer agrees to another solution which does not involve any costs for him.

    The Seller shall not be obliged to reimburse the additional costs of Delivery of Products incurred by the Customer if the Customer has chosen a method of Delivery of Products other than the cheapest usual method of Delivery offered by the Seller.



 


§8 Complaints and warranties



    A complaint may be submitted by the Customer in writing to the address: Zapłocie Małe 169, 43-300, Bielsko-Biała or by e-mail to info@stuff4car.com.

    A complaint should contain a description of the problem and the Client's identification data.

    The Seller shall recognize the complaint within 14 days from the date of notification. In the content of the complaint it is recommended to provide the Customer's Contact Data, which will be used to respond to the complaint and to conduct correspondence related to it.

    If the complaint concerns a Product, in order to consider the complaint by the Seller, the Customer should deliver or send the Product to the address of the Seller.

    Complaints may be made under the warranty for defects of the Products covered by the Sales Agreement and other Electronic Services.

    If the Product has a defect, the Customer may demand replacement of the Product with a Product free of defects or removal of the defect. The Seller is obliged to replace the defective Product with a defect-free one or to remove the defect within a reasonable time without excessive inconvenience for the Customer.

    The Seller may refuse to satisfy the Customer's request if bringing the defective Product into conformity with the Agreement in the manner chosen by the Customer is impossible or would require excessive costs in comparison with the other possible manner of bringing the defective Product into conformity with the Agreement.

    If the Customer is not a Consumer, the Seller may refuse to replace the Product with a defect-free Product or to remedy a defect also if the costs of remedying this obligation exceed the price of the Product sold.

    If the Product has a defect, the Customer may make a declaration of price reduction or withdrawal from the Agreement, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective Product with a Product 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 the Seller has failed to meet the obligation to replace the Product with a Product free from defects or remove the defect. The Customer may not withdraw from the contract if the defect is immaterial.

    The Consumer may instead of the defect removal proposed by the Seller demand replacement of the Product with a defect-free one or instead of replacement of the Product demand removal of the defect, unless bringing the Product to conformity with the Agreement 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 costs, 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 another method of satisfaction shall be taken into account.

    The reduced price, which constitutes points 9 and 10 above, should be in such proportion to the price resulting from the Agreement that the value of the Product with the defect remains to the value of the Product without the defect.

    The Consumer may use the following out-of-court methods of examining complaints and pursuing claims:

    filing an application for resolving a dispute arising from the concluded Sales Agreement with a permanent amicable consumer court acting at the Trade Inspectorate,

    filing a request to initiate mediation proceedings for amicable settlement of the dispute between the Consumer and the Seller to the provincial inspector of the Trade Inspection,

    having recourse to the district or municipal consumer ombudsman or to the social organisation responsible for consumer protection,

    lodging a complaint via the EU ODR web-based platform available at http://ec.europa.eu/consumers/odr/

    Products may be covered by the manufacturer's or distributor's warranty. In such a case, the Customer is entitled to complain about the Product using the warranty rights by making a complaint to the guarantor. Complaints may be made to the guarantor via the Seller or directly to the guarantor.

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

§9 Withdrawal from the Agreement


    The Consumer may, without giving any reason, withdraw from the Service Agreement, including the Sales Agreement, within 14 days from it.

    The right to withdraw from the Agreement shall not be vested in the Consumer with respect to, among others, the Sales Agreement:

    if the Seller 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 will lose the right to withdraw from the Agreement,

    An unprepared product, manufactured to the consumer's specifications or to meet his or her individual needs.

    The Consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. The declaration of withdrawal from the Sales Agreement may be made for example:

a. in writing to the address: Zapłocie Małe 169, 43-300, Bielsko-Biała;

b. in electronic form via e-mail to the following address: info@stuff4car.

    In the event of receipt of a statement of withdrawal from the Sales Agreement by the Consumer by e-mail, the Seller shall immediately send the Customer a confirmation of its receipt.

    Immediately, however, no later than within 14 days from the date on which the Consumer withdrew from the Sales Agreement, the Consumer shall be obliged to return the Product to the Seller or hand it over to a person authorized by the Seller. To meet the deadline, it is sufficient to send back the Product before its expiry. This provision shall not apply in the event that the Seller has offered to take the Product himself.

    The Consumer shall be liable for any reduction in the value of the Product resulting from its use in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

    In the event of withdrawal from the Sales Agreement, it shall be deemed not to have been concluded. If the Consumer made a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer shall cease to be binding.

    In the event of exercising the right to withdraw from the contract, the cost of returning the goods shall be borne by the Buyer.


§10 Supplementary provisions


            All trademarks, graphics and photographs placed on the Store's website for the purpose of presenting Products are the property of their respective owners.

            The Shop's Internet domain, its logotypes, name and Terms and Conditions are the property of copyright and the subject of legal protection.

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

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

            The Seller undertakes to conduct activities aimed at protecting the data contained in the Customer's Account against unauthorized access and use. The Customer shall be responsible for the consequences of disclosing his or her login or password to third parties.


§11 Final provisions


    The merchant may collect information in order to store it locally on your device using the browser's memory mechanism using cookies.

    Personal data of Store users are processed on the basis of consent of the persons concerned or when it is necessary to implement the Agreement, when the data subject is a party to it or when it is necessary to take action before the conclusion of the Agreement at the request of the data subject.

    Personal data is collected in order to provide services by the Store.

    The principles of protection and processing of personal data and cookie policy are regulated in the document "Privacy Policy", available on the website of the store.

    By concluding a Service Agreement, the Customer voluntarily authorizes the Seller to send information related to the Agreements and their performance to the Customer's Contact Details, as well as commercial information in the event of a separate consent.

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

    In the event of any possible unintended non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail and the Seller shall apply them.

    In matters not regulated by the Regulations, the provisions of the Polish universally applicable law shall apply.