ONLINE STORE REGULATIONS

bijakowe.pl

§1 Introduction

1. The Online Store available at the internet address www.bijakowe.pl (hereinafter referred to as the "Online Store") is run by Wojciech and Miłosz Beginning (hereinafter referred to as the "Seller") running a business under the name: Traktor.com.pl SC Wojciech and Miłosz Begin, in Rzeszów 35-615 at ul. Leszka Czarnego 8, NIP: 8133840648, REGON: 386341220, telephone: +48 17 85 85 858, e-mail: info@bijakowe.pl.

2. These regulations define the types and scope of the provision of electronic services via the Online Store, the rules for concluding sales contracts via the Online Store, the rules for the performance of these contracts, the rights and obligations of the Customer and the Seller, and the procedure for withdrawing from the contract and complaint procedure.

3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller . Personal data is processed for the purposes, for the period and based on the grounds and principles set out in the privacy policy published on the Online Store website. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller ).

§2 Definitions

1. Online store available at www.bijakowe.pl.

2. Seller - Traktor.com.pl SC Wojciech and Miłosz Beginning, in Rzeszów 35-615 at Leszka Czarnego 8, NIP: 8133840648, REGON: 386341220.

3. Customer - a natural person, legal person or an organizational unit without legal personality, the law of which grants legal capacity, concluding an agreement with the Seller.

4. Consumer - a natural person who performs a legal transaction with the Seller not directly related to its business or professional activity, in particular who places an order in the Store.

5. Service - electronic services provided by the Seller via the Online Store.

6. Sales Agreement - a distance contract concluded between the Customer and the Seller via the Online Store, the subject of which is the purchase of the Goods.

7. Goods - a product, a movable item that the Customer purchases via the Online Store.

8. Customer account - a collection of resources in the Seller's IT system, in which information about the Customer is collected, including address information and order history.

9. Order form - a form available in the Online Store that allows you to make a purchase.

10. Registration form - a form available in the Online Store that allows you to create a Customer Account.

11. Business day - one day from Monday to Friday, excluding public holidays.

§3 General provisions

1. The Seller undertakes to provide services to the Customer to the extent and under the conditions specified in the regulations.

2. In order to ensure the security of data provided in the online store, the Seller takes technical and organizational measures appropriate to the degree of risk, in particular measures to prevent the unauthorized acquisition and modification of personal data sent via the Internet. The Seller ensures the security of data transmission provided in the Online Store by using the SSL protocol (SecureSocketLayer).

3. The Customer undertakes to use the Online Store in accordance with applicable law and the principles of social coexistence.

4. The Customer using the Seller 's Services is obliged to comply with these Regulations.

5. The Seller complies with the rules for the protection of personal data of customers in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / WE (Journal of Laws UE.L No. 119, p. 1) (" GDPR ").

6. The goods available in the online store are new, free from physical and legal defects.

7. The seller carries out orders on the territory of Poland. Orders are also carried out outside Poland after prior arrangement of the terms and costs of delivery with the Seller .

8. The goods have been legally introduced to the Polish market. Information on the Goods on the website of the online store constitutes an invitation to conclude a contract within the meaning of art. 71 of the Act of 23 April 1964 Civil Code.

§4 General conditions for the sale of goods

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an order using the order form in the online store.

2. After placing the order, the Seller immediately confirms its receipt and at the same time accepts the order for execution. Confirmation of receipt of the order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer 's e-mail address provided when placing the order, which contains at least the Seller 's declaration of receipt of the order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer , a Sales Agreement is concluded between the Customer and the Seller .

3. The content of the Sales Agreement is additionally secured in the IT system of the Seller 's online store.

4. The price of the product visible on the website of the online store is given in Polish zlotys and includes taxes. About the total price of the product with taxes, which is the subject of the order, as well as about delivery costs (including charges for transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them, the Customer is informed on the website of the online store when placing the order, including when the Customer expresses his will to be bound by the Sales Agreement.

§5 Payment Methods

1. The Seller provides the Customer with the following payment methods under the Sales Agreement:

• Payment in cash, cash on delivery, on delivery.

• Payment in cash upon personal collection.

• Payment by bank transfer to the Seller 's bank account.

• Electronic payments and card payments via Przelewy24.

• in installments (prepayment).

• in the form of leasing (prepayment).

2. Settlements of transactions with electronic payments and payment cards are carried out in accordance with the Customer 's choice via the following websites:

• Transfers 24. The service of electronic payments and payment cards is provided by: PayPro SA (PayPro) - based in Poznań, at ul. Kanclerska 15 (60-327), entered in the register of entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda, VIII Commercial Division of the National Court Register under the KRS number 0000347935, NIP number 7792369887.

• Stripe. The service of electronic payments and payment cards is provided by Stripe Payments Europe, Limited based at C / O A&L Goodbody, Ifsc, North Wall Quay Dublin 1 , Ireland, Number of registration IE513174 .

3. Settlements of transactions with installments are carried out in accordance with the Customer 's choice through the Santander bank. Santander Consumer Bank SA , ul. Legnicka 48 B, 54-202 Wrocław

4. If the Customer selects payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement.

5. If the Customer chooses to pay in cash on delivery on delivery or in cash on personal collection, the Customer is obliged to make the payment immediately upon receipt of the parcel.

§6 Delivery and order fulfillment time

1. The delivery of the order takes place on the territory of the Republic of Poland or, in accordance with individual arrangements with the Seller, outside Poland.

2. The delivery of the order to the Customer is payable, unless the Sales Agreement provides otherwise. The costs of delivery of the order (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store website in the information tab on delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.

3. Pickup in person at the place and time previously agreed with the customer by phone or via e-mail is free of charge.

4. The Seller provides the Customer with the following methods of delivery or collection of the Product:

• Postal delivery, cash on delivery.

• Courier, cash on delivery.

5. Personal pickup available at: Tajęcina 2KA, 36-002 Tajęcina near Rzeszów - on working days, from 08:00 to 16:00.

6. The deadline for delivery of the order to the customer is up to 7 business days, unless a shorter or longer period is specified in the description of the product or when placing the order. In the case of products with different delivery times, the delivery date is the longest given date. The beginning of the period of delivery of the order to the Customer is counted from the date of receipt of the payment on the bank account indicated by the Seller or if the Customer chooses the method of payment in cash on delivery - from the date of conclusion of the Sales Agreement.

7. The time of order fulfillment consists of the time of preparing the order (completing and packing the order) and the time of delivery of the order depending on the chosen method of delivery.

8. The Goods are delivered by the shipping companies FeDex, DHL, DPD and Schenker, or by the Seller 's own transport. The seller reserves the right to introduce deliveries through other than the above-mentioned forwarding companies.

§7 Complaints

1. Article 556-576 of the Civil Code defines the scope of the Seller 's liability towards the Customer , if the sold product has a physical or legal defect (warranty). The seller is released from liability under the warranty if the customer knew about the defect at the time of concluding the contract.

2. Delivery of the order to the customer as part of the implementation resulting from the warranty for defects takes place at the expense of the Seller .

3. The seller is liable under the warranty if the defect is found before the expiry of two years from the date of delivery of the goods to the customer . In the case of used Goods, the Seller is liable under the warranty for defects found within one year from the date of delivery of the Goods to the Customer who is a consumer.

4. Pursuant to Art. 558 of the Act of 23 April 1964 Civil Code, when selling to a Client who is an entrepreneur, the Seller's liability under the warranty is excluded.

5. The notification of defects in the goods should be sent by e-mail to the address info@bijakowe.pl or in writing to the address of the Seller 's registered office.

6. The Seller will respond to the Customer 's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure to consider the application within the set time limit is tantamount to taking it into account.

7. The customer who exercises the rights under the warranty is obliged to deliver the defective product to the following address: Tajęcina 2KA, 36-002 Tajęcina near Rzeszów.

§8 The Consumer Right to Withdraw from the Agreement

The customer has the right to withdraw from the contract for the sale of products purchased in the bijakowe.pl online store within 14 days of receiving the shipment on the terms described in the Act of 30/05/2014. on consumer rights (Journal of Laws of 2014, No. 827).

1. The withdrawal form is included in the appendix to the regulations. The customer may use the form template, but it is not obligatory.

2. To meet the deadline specified in paragraph 1, it is enough to send a declaration of withdrawal from the contract before its expiry to the address info@bijakowe.pl

3. The Seller will immediately confirm to the Customer the receipt of the declaration of withdrawal from the contract.

4. The Seller shall immediately, within no more than 14 calendar days from the date of receipt of the declaration of withdrawal from the contract, return to the Customer all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard method) delivery available in the online store). The Seller shall refund the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of payment refund, which does not involve any costs for him.

5. The customer bears the direct costs of returning the goods (shipping costs associated with the return of the goods). Due to the size and weight of the goods, in the event of withdrawal from the contract, returning the goods may be associated with higher costs than ordinary mail.

6. The goods should be delivered to the following address: 36-002 Jasionka, Tajęcina 2KA

7. In the event of withdrawal from the contract, the Customer is responsible for the decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.

8. In the case of a product that is a service, the performance of which - at the express request of the Customer - began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request, is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount to be paid is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.

9. Pursuant to Art. 38 of the Act of May 30, 2014 on consumer rights (Journal of Laws of 2019, item 134), the Customer is not entitled to withdraw from a distance contract in relation to, inter alia, to contracts:

• for the provision of services, if the Seller has fully performed the service with the express consent of the Customer , who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;

• 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 to withdraw from the contract;

• in which the subject of the service is a non-prefabricated item, manufactured according to the customer 's specification or serving to satisfy his individual needs;

• in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;

• in which the customer expressly demanded that the entrepreneur came to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Customer , or provides items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or items.

§9 Responsibility of the Seller

1. The Seller is not responsible for entering incorrect data by the Customer (in particular by providing incorrect data in the forms available on the website) or for the Customer 's action in a way that hinders or prevents the provision and implementation of services by the Seller.

2. The Seller reserves the right to suspend or terminate the provision of individual functionalities of the online store due to the need for maintenance, review or expansion of the technical base or software. The suspension or termination of the benefits of individual functionalities of the online store may not violate the Customer 's rights.

§10 Final provisions

1. All content posted on the website of the online store (including graphics, texts, page layout and logos) benefit from copyright protection and are the sole property of the Seller. The use of this content without the written consent of the Seller shall result in civil and criminal liability.

2. Agreements concluded through the online store are concluded in Polish.

3. The Seller reserves the right to amend these Regulations. The Seller shall notify the changes to the Regulations on the website of the online store at least 14 calendar days before the changes to the regulations enter into force. In other matters not covered by the provisions of these regulations, the relevant provisions of Polish law shall apply .

4. The customer has the right to use out-of-court dispute resolution and redress through mediation or an arbitration court. Regardless of this, the customer may ask for help from the municipal (poviat) consumer ombudsman, social organizations whose statutory tasks include consumer protection, provincial inspectorates of the Trade Inspection. All necessary information can be obtained on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl.

5. Any disputes arising between the Seller and the Customer shall be submitted to the court having jurisdiction over the seat of the Seller .

6. Annexes to the Regulations constitute its integral part.

APPENDIX NO. 1 - WITHDRAWAL FROM THE AGREEMENT

APPENDIX NO. 2 - COMPLAINT FORM