ONLINE SHOP TERMS AND CONDITIONS
1) Online Shop – an online shop available at: www.lasquadra.pl, operated by the Seller,
2) Terms and Conditions – the terms and conditions of the Online Shop referred to in Art. 8 of the Act of 18 July 2002 on the provision of services by electronic means,
3) Seller – Maranello Motors sp. z o.o. with its registered office in Katowice (40-816), ul. Bocheńskiego 109, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court of Katowice – Wschód in Katowice, 8th Commercial Division under KRS (National Court Register) number 0000439173, NIP (Tax Identification Number): 6342812537, REGON (National Business Registry Number): 243063127,
4) Buyer – a Consumer or Entrepreneur using the services provided electronically by the Seller as part of the Online Shop or concluding a Sales Agreement with the Seller,
5) Consumer – a consumer as defined in Art. 221 of the Act of 23 April 1964 – Civil Code, i.e. a natural person with full legal capacity or – in cases provided for by law – with limited legal capacity, concluding a Sales Agreement with the Seller or using services provided by the Seller electronically to the extent not directly related to their business or professional activity,
6) Entrepreneur – an entrepreneur as defined in Art. 431 of the Civil Code, i.e. a natural person, a legal person or an organisational unit without legal personality, to which the Act grants legal capacity, conducting business or professional activity on its own behalf, concluding a Sales Agreement with the Seller or using services provided by the Seller electronically,
7) Registration Form – a form available in the Online Shop which enables the creation of an Account,
8) Account – a set of resources in the Seller’s IT system, identified by an individual name (login) and a password assigned to the Buyer, in which the Buyer’s data are stored, including in particular information on submitted Orders, the creation of which requires filling in a Registration Form by the Buyer,
9) Order Form – a form available in the Online Shop which enables the Buyer to place an Order and its execution after creating an Account, as well as without creating an Account,
10) Order – the Buyer’s declaration of intent constituting an offer to conclude a Sales Agreement
with the Seller,
11) Sales Agreement – a sales agreement, as defined by the provisions of the Civil Code, concluded between the Seller and the Buyer remotely via an Internet Shop,
in the Polish language, concerning the purchase of Products,
12) Basket – a virtual tool enabling the Buyer to add selected Products prior to their purchase and to calculate their value, whereby when selecting the Products the Buyer may freely manage the content of the Basket by adding or removing Products from it,
13) Product – a movable item available in the Online Shop which is the subject of a Sales Agreement,
14) Proof of Purchase – a fiscal receipt or a VAT invoice issued by the Seller,
confirming the conclusion of the Sales Agreement,
15) Newsletter – a service provided electronically by the Seller upon prior consent of the Buyer, consisting of automatic receipt by the Buyer at the e-mail address provided by the Buyer of the most important information, including commercial information, related to the Online Shop,
16) Materials – photographs of Products and other materials (including, in particular, texts, images, logos, source codes) which are works as defined by the provisions of the Act of 4 February 1994 on copyright and related rights, displayed in the Online Shop and owned by the Seller or used by the Seller with the consent of a person or third party who holds intellectual property rights to the Materials,
18) Attachment No. 1 (Complaint Form) – a specimen form attached to the Terms and Conditions allowing for the submission of a complaint referred to in Article 8 hereof,
19) Attachment No. 2 – a specimen statement of withdrawal from the Sales Agreement appended to these Terms and Conditions as referred to in Article 10 hereof,
20) Civil Code – the Act of 23 April 1964 – the Civil Code
2. GENERAL PROVISIONS.
- These Terms and Conditions apply to Sales Agreements and other services provided by the Seller through the Online Shop.
- Services provided electronically by the Seller through the Online Shop consist in the Seller enabling the Buyer to:
- a) conclude Sales Agreements under these Terms and Conditions,
- b) create and have an Account in the Online Shop,
- c) receive a Newsletter,
- d) use other services available in the Online Shop.
- Announcements, advertisements, price lists and other information about the Products provided in the Online Shop shall be regarded as an invitation to conclude a Sales Agreement, taking into account Art. 71 of the Civil Code.
- The Online Shop conducts sales on the territory and outside the borders of the Republic of Poland.
- All Products available in the Online Shop are original, brand new (free of defects) and in accordance with applicable standards, requirements and laws.
- The Seller shall exercise the utmost care in the performance of Sales Agreements and Orders.
- The provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of the Buyer who is a Consumer, to which they are entitled under generally applicable laws, including in particular the provisions of the Civil Code and the Act of 30 May 2014 on consumer rights In the event of any inconsistency between the provisions of these Terms and Conditions and the provisions referred to in this section, those provisions shall prevail.
- The provisions of the Terms and Conditions that apply to consumers also apply to an Entrepreneur who is a natural person conducting business activity registered in the Central Register
and Information on Economic Activity (CEIDG), who concludes a Sales Agreement directly related to their business activity, when at the same time it follows from the content of the Sales Agreement that it is not of a professional nature for such an Entrepreneur. Verification whether an activity has a professional character shall take place on the basis of data from CEiDG regarding the subject of the activity conducted on the basis of PKD (Polish Classification of Activities) codes. Art. 558 § 1 sentence 2, Art. 563 and Art. 567 § 2 of the Civil Code shall not apply to the buyer referred to above.
- In order to effectively use the Online Shop, a device (computer, smartphone, tablet or other mobile device) and an up-to-date web browser (e.g. Internet Explorer, Mozilla Firefox, Opera, Google Chrome, Safari or other), a keyboard or other pointing device that enables the correct completion of electronic forms, an internet connection with a minimum bandwidth of 512 kbit/s download speed, 128 kbit/s upload speed, and an active email account are required.
3. RULES FOR USING THE ONLINE SHOP
- The Buyer is obliged to use the Online Shop in a manner consistent with applicable law, principles of social interaction and good practice, with due regard to respect for personal rights and intellectual property rights of persons or third parties.
- The Buyer may not take any action that could affect the proper operation of the Online Shop, especially the Buyer may not:
- a) tamper with the content and graphic elements of the Online Shop,
- b) post illegal content in the Online Shop,
- c) input harmful data to the Online Shop as an IT system,
in particular in the form of malicious software, i.e. viruses, spyware, etc.
- d) use the Online Shop for any purpose other than its intended use,
in particular, they may not send SPAM or similar messages or conduct any business, commercial, advertising or promotional activities for their own benefit through the Online Shop.
- When using the Online Shop, the Buyer is obliged to provide truthful and factually correct data and information necessary to set up an Account or conclude and perform a Sales Agreement.
- It is forbidden to transfer personal data of third parties via the Online Shop without their consent. In the case of natural persons without full legal capacity, their legal representatives or legal guardians should give their consent.
- Both the Buyer and any other person accessing the Online Shop shall refrain from copying, modifying, distributing, reprinting, transmitting or using in any other way (including, in particular, for marketing, commercial or profit purposes), the Materials posted on the Online Shop without the written consent of the Seller or any other person or third party who holds intellectual property rights to the Materials, with the exception of the use of such Materials within the framework of permitted use as referred to in the Act of 4 February 1994 on copyright and related rights
- A breach of the provisions of the preceding section could constitute an infringement of the law and could therefore give rise to civil or criminal proceedings against the persons or entities engaging in such practices.
- The Buyer shall be fully liable to the Seller and to any person or third party for damages resulting from:
- a) the Buyer’s breach of the law, including in particular the rights of third persons or entities and the provisions of these Terms and Conditions,
- b) improper or unauthorised use of the Online Shop, as well as for any related technical problems, loss of data or other damage to the Online Shop’s operation, including in particular for carrying out the activities referred to in point 3 of this section,
- The Buyer’s liability referred to in the preceding section shall include both the repair of the damage to the Seller and to the third person or entity as well as the incurring of additional costs which resulted from the damage, including in particular court costs, costs of legal representation, costs of enforcement proceedings and other reasonable costs incurred by the Seller in connection with the damage caused to it and in connection with claims by third persons or entities.
4. CREATING AN ACCOUNT
- The creation of an Account by the Buyer requires the completion of the Registration Form and the clicking of a dedicated button. The Buyer will then receive an activation link at the email address provided in the Registration Form, which must be clicked on for the registration to be successfully completed.
- When registering, the Buyer sets the password for logging in to the Buyer’s Account
in the Online Shop by themselves.
- Once the Account has been set up, the Buyer immediately gains access to the Account via an individual login and password. The Account in the Online Shop is established for an indefinite period of time and its possession does not give rise to any financial obligation for the Buyer towards the Seller.
- The Account may be deleted at any time directly by the Buyer via the functionalities available in the Online Shop and after further steps indicated in the Online Shop or by the Buyer sending a request for Account deletion to the email address of the Seller: email@example.com
5. RULES FOR PLACING AND PROCESSING ORDERS.
- The Buyer may place an Order:
- a) via their Account after completing the Order Form at any time – the Buyer should complete the Registration Form (create an Account), add Products to the Basket, complete the Order Form and confirm the Order with the dedicated button,
- b) by filling in the Order Form available without creating an Account at any time – the Buyer should add the Products to the Basket, fill in the Order Form and confirm the Order with the dedicated button,
- c) by sending an email to the Seller’s email address: firstname.lastname@example.org at any time – the Buyer should indicate in the email message constituting a declaration of will to place the Order which Products are to be included in the Order,
- Confirmation of the placement and acceptance of the Order for execution shall be sent to the Buyer by the Seller in the form of an email message after the Order has been placed as indicated
in the preceding point.
- The Sales Agreement between the Seller and the Buyer shall be deemed to have been concluded upon the Buyer’s receipt of the email referred to in the preceding point.
- Orders placed on working days from Monday to Friday after 5 p.m., as well as on Saturdays, Sundays and other public holidays as referred to in the Act of 18 January 1951 on Public Holidays, will be forwarded for fulfilment on the next working day.
- Orders forwarded for fulfilment may be cancelled by the Buyer who is a Consumer until the Product is shipped.
- The execution time for the Order (completing the Order and preparing it for shipment) is 48 hours, subject to points 8 and 9 of this section.
- The time for completion of the Order referred to in point 6 of this section may be postponed in the event of the occurrence of force majeure, which shall be understood as unavoidable, extraordinary, unforeseeable and uncontrollable circumstances, the effects of which could not have been avoided despite the taking of all reasonable measures, by the period of its duration.
- In the event of unavailability of a Product, the Buyer shall be informed thereof and may then agree to a longer completion time than that indicated in point 6 of this section, or may cancel the ordered Product or the Order in its entirety.
- The Seller reserves the right to cancel the Order if the Buyer – despite being requested – fails to supplement the missing information required for effective execution of the Order within 3 days, taking into account Art. 6 point 6 hereof.
- In connection with the fulfilment of Orders and Agreements, the Seller shall be entitled to remuneration at the prices quoted on the Online Shop and in force at the time the Order is placed.
- The prices in the Online Shop are quoted in Polish zloty. They are gross prices
and include all components, including VAT and customs duties. However, the prices do not include possible delivery costs for the Product, which are stated before the Order is placed.
- The Buyer is informed of the total price for the Products comprising the Order, which includes delivery costs, before the Order is placed.
- Each Order is accompanied by a Proof of Purchase, whereby the Buyer agrees that as a Proof of Purchase they will receive an electronic invoice to the email address provided on the Registration Form or Order Form, if the Buyer so wishes and selects the relevant option when placing the Order.
- The Buyer may – at their discretion – choose one of the following methods of payment for the ordered Products when placing an Order:
- a) payment by cash or by credit card upon personal collection,
- b) payment by online transfer to the Seller’s bank account – the Order is shipped no sooner than when the full amount for the Order is credited to the Seller’s bank account,
- c) payment by Visa, MasterCard – the Order shall not be shipped until the full amount for the Order has been successfully authorised,
- d) payment via DotPay online platforms – the Order is shipped no sooner than when the full amount for the Order is successfully authorised,
- e) payment on delivery – the Order is shipped immediately, taking into account 5 points 6 and 8 hereof.
- In the case of selection of one of the payment methods referred to in letters b-d of the preceding point, if the Buyer fails to make payment within 3 days from the date of confirmation of the Order, the Seller may request the Buyer to make payment within a period of not less than 3 days. If the Buyer fails to comply with the request within the indicated period, the Seller may cancel the Order by informing the Buyer by email or telephone.
- In the event of a delay in payment by the Buyer who is an Entrepreneur, the Seller shall be entitled to statutory interest for delay in commercial transactions and recovery costs in accordance with the provisions of the Act of 8 March 2013 on counteracting excessive delays in commercial transactions
- Online payments made via the Online Shop, referred to in point 5 letter d of this section, are handled through the following platform:
- a) DotPay available at dotpay.pl – by Dotpay S.A. with registered office at: ul. Wielicka 72, 30-552 Kraków, KRS [National Court Register] number: 0000296790, NIP [Tax Identification Number]: 6342661860, REGON [Business Registry Number]: 240770255, entered as a National Payment Institution in the Payment Services Register kept by the Polish Financial Supervision Authority in the Office of the Financial Supervision Authority under number: IP14/2013,
- The Buyer may, when placing the Order – at their discretion – choose one of the following ways of collecting the ordered Products:
- a) personal collection of the ordered Products after prior consultation with the Seller at: ul. Bocheńskiego 109, 40-816 Katowice,
- b) delivery of the Products to the Buyer’s address given when placing the Order by Poczta Polska or a courier company (DHL, UPS),
- c) collection of the ordered Products from a parcel machine.
- Delivery costs are calculated in accordance with the current delivery price lists and depend on the weight and size of the parcel. The Buyer is informed of the delivery costs before placing the Order. In the case of shipping the Product outside the country, the cost of delivery is determined individually based on the estimated weight of the package and the country of destination.
- The delivery costs shall be borne by the Buyer.
- The Buyer undertakes to collect the delivered Product.
- A Buyer who is an Entrepreneur is obliged to check the parcel in the presence of a courier or Poczta Polska employee at the time of delivery, excluding the Entrepreneur
referred to in Art. 2 point 9 hereof.
- A Buyer who is a Consumer and the Entrepreneur referred to in Art. 2 point 9 hereof, the Seller recommends checking the parcel in the presence of the courier or Poczta Polska employee. Failure to check the parcel does not preclude the possible complaint referred to in Art. 8 hereof, however, if such verification is made, the complaint procedure will be greatly facilitated.
- The Seller shall be liable under the warranty for defects in the Product if the defect has been found before the lapse of two years from the date of release of the Product to the Buyer.
- Slight differences in the appearance of the Products resulting from the individual settings of the Buyer’s computer, including in particular the monitor, may not be considered by the Seller as sufficient grounds for a complaint regarding the Product.
- If the Buyer finds that the delivered Product has a defect, the Buyer is obliged to inform the Seller about it.
- The complaint should contain: the Buyer’s details, information concerning the Product and the Order, a description and the date on which the defect in the Product appeared and the Buyer’s request. The Buyer is also obliged to hand over the original or a copy of the Proof of Purchase or other proof confirming the purchase of the Product the complaint concerns, as well as to send back the Product so that the complaint can be processed.
- In order to facilitate the complaint procedure, the Seller makes available on the Online Shop website the Complaint Form constituting Attachment No. 1 hereto.
- Complaints must be submitted:
- a) in the case of paper form – by mail to the Seller’s address: ul. Bocheńskiego 109, 40-816 Katowice,
- b) in the case of email – to the Seller’s email address: email@example.com
- If the data or information provided in the complaint require supplementation, the Seller shall request the person submitting the complaint to supplement it in the indicated scope before processing the complaint.
- The Seller undertakes to consider a complaint submitted by a Buyer who is a Consumer and an Entrepreneur referred to in Art. 2 point 9 hereof, who, in the complaint, demanded replacement of the Product or removal of the defect or made a declaration of price reduction, specifying the amount by which the price is to be reduced, within 14 days from the date of its submission or supplementation by the Buyer. If the Seller, in the case referred to in this section, does not respond to the complaint within the indicated time limit, it is assumed that the Seller acknowledged the complaint as justified.
- The Seller’s liability under warranty towards Buyers who are Entrepreneurs shall be completely excluded. This shall not apply to Entrepreneurs referred to in Art. 2 point 9 hereof.
9. WITHDRAWAL FROM THE SALES AGREEMENT.
- A Buyer who is a Consumer and Entrepreneur referred to in Art. 2 point 9 hereof has the right to withdraw from a Sales Agreement as an agreement concluded at a distance, without stating any reason, within 14 days from the date of receipt of the Product, unless the exclusion referred to in point 9 of this section applies.
- Exercise of the right referred to in the preceding point shall require the Buyer to submit a declaration of withdrawal from the Sales Agreement within the indicated period:
- a) in the case of paper form – by mail to the Seller’s address: ul. Bocheńskiego 109, 40-816 Katowice,
- b) in the case of email – to the Seller’s email address: firstname.lastname@example.org
- For the purpose of facilitating the submission of a declaration of withdrawal from the Sales Agreement, the Seller makes available on the website of the Online Shop a model declaration which constitutes Attachment No. 2 hereto.
- When withdrawing from the Sales Agreement, the Buyer is obliged to return the Product together with the original or a copy of the Proof of Purchase or other proof confirming the purchase of the returned Product, within 14 days from the date of making the statement of withdrawal from the Sales Agreement. Returns of Products covered by the statement of withdrawal from the Sales Agreement, sent at the Seller’s expense or cash on delivery, will not be accepted by the Seller.
- The costs of shipping of the returned Product shall be borne by the Buyer.
- The Buyer shall be liable for any decrease in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
- The Seller shall return to the Buyer the price of the Product and the costs of delivery incurred by the Buyer when purchasing the Product not later than within 14 days from the date of delivery of the Product covered by the statement of withdrawal from the Sales Agreement, subject to point 8 of this section.
- The Seller shall refund the payment using the same method of payment as the Buyer when purchasing the Product, unless the Buyer has expressly agreed to a different method of refund, which does not entail additional costs. However, if the Buyer chose other delivery method than the cheapest one offered by the Seller, the Seller shall not be obliged to reimburse the Buyer for the additional costs incurred by the Buyer.
- The right of withdrawal from the Sales Agreement referred to in this section shall not apply in the case of:
- a) provision of services, if the Seller has fully provided the service with the express consent of the Buyer who was informed before the beginning of service provision that they would lose the right to withdraw from the Sales Agreement after providing the services by the Seller,
- b) agreements relating to services for 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 Sales Agreement,
- c) Sales Agreements concerning non-prefabricated items manufactured according to the Buyer’s specifications or intended to meet the Buyer’s individual needs,
- d) Sales Agreements the subject matter of which is an item that deteriorates rapidly or has a short shelf life,
- e) Sales Agreements the subject matter of which is an item delivered
in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened by the Buyer after delivery,
- f) specific Sales Agreements the subject matter of which are items that are, by their nature, inseparably attached to other items after delivery,
- g) Sales Agreements the subject matter of which are alcoholic beverages for which a price has been agreed upon at the conclusion of the Sales Agreement and the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control,
- h) agreements in which the Buyer has expressly requested that the Seller visit their premises to carry out urgent repairs or maintenance, whereby if the Seller provides services in addition to those requested by the Buyer or supplies items other than spare parts necessary for carrying out the repair or maintenance, the Buyer shall have a right of withdrawal in respect of the additional services or items,
- i) Sales Agreements the subject matter of which are sound or visual recordings or computer programs delivered in sealed packaging if the packaging has been opened by the Buyer after delivery,
- j) delivery of journals, periodicals or magazines, except for a subscription agreement,
- k) Sales Agreements concluded through a public auction,
- l) agreements for the provision of accommodation services other than those related to residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events if a day or period of service provision was specified in the agreement concluded,
- m) agreements for the supply of digital content not recorded on a tangible medium if the performance has begun with the express consent of the Buyer before the expiry of the withdrawal period and after the Seller has communicated the loss of the right of withdrawal.
- Details regarding the exercise of the right of withdrawal from the Sales Agreement – as a distance agreement – are set out in the Act of 30 May 2014 on the Consumer Rights
- The provisions of this section shall not apply to Buyers who are Entrepreneurs other than those referred to in Art. 2 point 9 hereof, for whom the right to withdraw from the Sales Agreement is excluded.
10. PERSONAL DATA PROTECTION.
- The Seller is the controller of the Buyers’ personal data.
- The Seller, as the Controller, processes personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); the Act of 10 May 2018 on the protection of personal data (Dz. U. /Journal of Laws/ of 2018 item 1000, as amended) and other relevant data protection legislation.
- The Buyer may consent to the Seller processing their personal data in order to receive the Newsletter at the email address provided by the Buyer.
11. FINAL PROVISIONS.
- The Seller reserves the right to introduce restrictions on the use of the Online Shop due to carrying out its technical service, maintenance or work on improving its functionality. At the same time, the Seller undertakes to make every effort to ensure that such restrictions and breaks take place at night and last as short a time as possible.
- The Seller reserves the right to amend these Terms and Conditions. Amendments shall enter into force at the time expressly indicated by the Seller, not earlier than 7 days after their announcement. Orders placed prior to the entry into force of the amendments referred to in the preceding sentence shall be processed in accordance with the rules in force at the time of their placement. The Buyer who does not agree to the changes introduced in these Terms and Conditions should refrain from further use of the Online Shop.
- Any disputes between the Seller and the Buyer – subject to their mutual agreement – shall be resolved amicably or in the presence of an independent and impartial mediator.
- A Buyer who is a Consumer may:
- a) make use of out-of-court ways of handling complaints and pursuing claims,
referred to in the Act of 23 September 2016 on out-of-court settlement of consumer disputes and the entity authorised to conduct proceedings on out-of-court settlement of consumer disputes to which the Seller is subject is the Silesian Regional Inspector of Trade Inspection in Katowice, ul. Brata Alberta 4,
40-951 Katowice, katowice.wiih.gov.pl, email: email@example.com
- b) submit a complaint via the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/
- (7) If it is not possible to resolve a dispute amicably, the court with jurisdiction over the dispute
shall be the court having jurisdiction over the registered office/head office of the Seller,
and in the case of a Buyer who is a Consumer the competent court according to general principles.
- In matters not covered by these Terms and Conditions, the relevant provisions of universally applicable law shall apply, including in particular the provisions of the Civil Code, the Consumer Rights Act, the Copyright and Related Rights Act and the provisions on personal data protection.
- These Terms and Conditions are effective as of […]