Terms and conditions of the online store

§ 1

Preliminary provisions

  1. Davicar online shop, available at the www.davicar.pl internet address, is run by Mirosław Ptak, who conducts business under the company P.W. PTAK, entered in the Central Register and Information on Economic Activities(CEIDG) run by the Minister responsible for economic affairs, NIP 7891000814, REGON 631503652

2. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules of use of the Online Store and the rules and mode of concluding Sales Agreements with the Customer at a distance through the Store.

§ 2

Definitions

  1. Consumer - a natural person entering into a contract with the Seller within the Store, the object of which is not directly related to his business or professional activity.

2. Seller - a natural person conducting business activities under the company P.W. PTAK, entered in the Central Register and Information onEconomic Activities (CEIDG) conducted by the Minister responsible for economicaffairs, TAX ID 7891000814, REGON 631503652

  1. Customer - any entity making purchases through the Store.

  2. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, whose separate law confers legal capacity, performing in his own name an economic activity that uses the Store.

  3. Shop - an online store run by the Seller at the internet address www.davicar.pl

  4. Distance contract - a contract concluded with the Customer within the framework of an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment of conclusion of the contract.

  5. Terms and Conditions - these terms and conditions of the Store.

  6. Order - a statement of the Customer's will made using the Order Form and aimed directly at concluding a Product or Product Sales Agreement with the Seller.

  7. Account - the customer's account in the Store, it collects data provided by the Customer and information about orders placed by him in the Store.

  8. Registration form - a form available in the Store, allowing you to create an Account.

  9. Order Form - an interactive form available in the Store enabling you to place an Order, in particular by adding Products to the Shopping Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

  10. Shopping Cart – an element of the Store software, in which the products selected by the Customer are visible, as well as the possibility of determining and modifying the order data, in particular the quantity of products.

  11. Product - a movable item/service available in the Store which is the subject of a Sales Agreement between the Customer and the Seller.

  12. Sales Agreement - a contract for the sale of the Product concluded or concluded between the Customer and the Seller through the Online Store. The Sales Agreement also means - application to the characteristics of the Product - a contract for the provision of services and a contract for work.

§ 3

Contact store

  1. Seller's address: 62-303 Kaczanowo ul. Kaliska 62A POLAND..

  2. Seller's email address: info@davicar.pl

  3. Seller's phone number: 0048502222950

  4. Seller's fax number - none.

  5. Seller's bank account number : SANTANDER 39 1090 1421 0000 0001 2179 3872.

  6. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.

  7. The Customer may communicate by telephone with the Seller between 10 and 18 hours.

§ 4

Technical requirements

To use the Store, including browsing the Store assortment and placing orders for Products, you must:

  1. An end device with internet access and a Google Chrome web browser.

  2. Active e-mail account

  3. enabled cookies,

  4. FlashPlayer is installed.

§ 5

General information

  1. The Seller shall not be liable to the fullest extent permitted by law for disturbances in this interruption in the functioning of the Store due to force majeure, unauthorized actions of third parties or incommbility of the Online Store with the technical infrastructure of the Customer.

  2. Browsing the Store assortment does not require creating an Account. Placing orders by the Customer for products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.

  1. The prices listed in the Store are in Polish ZLOTYS and are gross prices (including VAT).

  1. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal services fees), which the Customer is informed about on the Store's website during the placing of the Order, including at the time of expressing his willingness to be bound by the Sales Agreement.

  2. In the case of an Agreement involving a subscription or provision of services for an indefinite period, the final (final) price shall be the total price covering all payments for the billing period.

  3. When the nature of the subject matter of the Agreement does not allow, reasonably assessing, the calculation of the final (final) price in advance, information about the manner in which the price will be calculated, as well as the fees for transportation, delivery, postal services and other costs, will be given in the Store in the product description.

§ 6

Create an Account in the Store

  1. To create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data required by the registration form.

  2. Creating an Account in the Store is free of charge.

  3. Login to the Account is done by entering the login and password established in the Registration Form.

  4. The Customer has the possibility at any time, without giving any reason and without incurring any fees, to delete the Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses given in § 3.

§ 7

Rules for placing an Order

In order to place an Order:

  1. log in to the Store (optional);

  2. select the Product that is the subject of the Order, and then click on the "To Cart" button (or equivalent);

  3. log in or use the option to place an Order without registration;

  4. if you have selected the possibility to place an Order without registration - fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data in the invoice, if different from the data of the recipient of the Order,

  5. click on the "Order and pay" button/click on the "Order and pay" button and confirm the order by clicking on the link sent in the e-mail,

  6. choose one of the available payment methods and depending on the method of payment, pay the order within a certain period, subject to § 8 paragraph 3.

§ 8

Delivery and payment methods offered

  1. The Customer may use the following methods of delivery or collection of the ordered Product:

  1. Postal, pick-up mail,

  2. Courier, courier delivery,

  3. Personal collection available at: 62-303 Kaczanowo ul. Kaliska 62A

  1. The customer can use the following payment methods:

  1. Payment on delivery

  2. Cash on delivery

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

  4. Electronic payments

  5. Payment by credit card.

3. Detailed information about delivery methods and acceptable payment methods can be found on the Store's website.

§ 9

Execution of the sales contract

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.

  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 execution is made by sending the Customer an appropriate e-mail to the customer's e-mail address provided during the order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail, a Sales Agreement between the Customer and the Seller is concluded.

  3. If the Customer chooses:

  1. Payment by bank transfer, electronic payments or payment by credit card, the Customer is obliged to make the payment within 2 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be canceled.

  2. payment on delivery on delivery, the Customer is obliged to make a payment on delivery.

  3. payment in cash upon personal collection of the shipment, the Customer is obliged to make a payment upon delivery within 2 days from the date of receipt of the information about the readiness of the shipment for collection.

  1. If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the period indicated in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer when placing the Order.

  2. A If you order Products with different delivery dates, the delivery date is the longest delivery date specified.

B In the case of ordering Products with different delivery dates, the Customer has the opportunity to request the delivery of the Products in parts or to deliver all products after completing the entire order.

  1. The beginning of the delivery date of the Product to the Customer is counted as follows:

  1. If the Customer chooses the method of payment by bank transfer, electronic payments or payment card - from the date of crediting the Seller's bank account.

  2. If the Customer chooses the method of payment on delivery – from the date of conclusion of the Sales Agreement,

6. If the Customer chooses to receive a personal Product, the Product will be ready for collection by the Customer within the period indicated in the product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the customer's e-mail address provided during the order.

7. In the case of ordering Products with different delivery times, the Customer has the possibility to receive the Products with parts (according to their readiness for collection) or to receive all Products after completing the entire order.

8. The beginning of the product's readiness for collection by the Customer is counted as follows:

  1. If the Customer chooses the method of payment by bank transfer, electronic payments or payment card - from the date of crediting the Seller's bank account.

  2. If the Customer chooses the method in cash on personal collection – from the date of conclusion of the Sales Agreement.

9. Delivery of the Product takes place all over the world.

10. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery and postal services fees) are indicated to the Customer on the pages of the Online Store in the "Delivery Costs" tab and during the placing of the Order, including when the Customer expresses his willingness to be bound by the Sales Agreement.

11. Personal collection of the Product by the Customer is free of charge.

§ 10

Right of withdrawal

  1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.

  2. The period referred to in paragraph 1 shall run from delivery of the Product to the Consumer or to a person other than the carrier designated by him.

  3. In the case of a Contract which covers multiple Products which are delivered separately, in batches or in parts, the time limit referred to in paragraph 1 shall run from the delivery of the last good, lot or part.

  4. In the case of the Agreement, which consists in the regular delivery of products for a limited period of time (subscription), the period indicated in paragraph 1 shall run from the acquisition of possession of the first item.

  5. The Consumer may withdraw from the Agreement by making a declaration of withdrawal from the Agreement to the Seller. In order to comply with the withdrawal period, it is sufficient for the Consumer to send a statement before the expiry of that period.

  1. The statement can be sent by traditional mail, fax or electronic means by sending a statement to the Seller's e-mail address or by making a statement on the Seller's website - the Seller's contact details are specified in § 3. A declaration may also be made on a form, a specimen of which is Annex 1 to these Terms and Conditions and an annex to the Act of 30 May 2014 on consumer rights, but this is not mandatory.

§ 11

Complaint and warranty

  1. New and used Products are covered by the Sales Agreement. The store pages describe in detail the status of each Product used.

2. The Seller is obliged to provide the Customer with a defect-free thing.

3. In the event of a defect purchased from the Seller of the goods, the Customer has the right to make a complaint based on the provisions on warranties in the Civil Code. If the Customer is an Entrepreneur, the parties exclude warranty liability.

4. The complaint must be submitted in writing or electronically to the addresses of the Seller given in these Regulations.

5. The complaint must be submitted in writing or electronically to the addresses of the Seller given in these Regulations or using the electronic complaint form, made available by the Seller on one of the subpages of the Store.

6. We will consider and respond to the complaint immediately, no later than 14 days from the date of filing the complaint.

  1. It is recommended that the complaint include m.in. a concise description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer making the complaint, and the customer's request in connection with the defect of the goods.

  1. Goods returned as part of the complaint procedure should be sent to the address specified in § 3 of these Terms and Conditions.

  1. In the event that a warranty has been given for the Product, information about it, as well as its content, will be included in the description of the Product in the Store.

§ 12

Out-of-court complaint handling and redress

  1. Detailed information regarding the possibility for the Consumer to use out-of-court complaint handling and redress methods and rules for access to these procedures are available at the premises and on the websites of district (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, provincial inspectorates of trade inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

  2. The consumer has the following examples of possibilities to use out-of-court means of dealing with complaints and redress:

  1. The Consumer is entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute resulting from the Agreement concluded with the Seller.

  2. The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request for mediation proceedings on the amicable termination of the dispute between the Consumer and the Seller.

  3. The Consumer may obtain free assistance on the resolution of the dispute between him and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (m.in. Federation of Consumers, Association of Polish Consumers).

§ 13

Personal data in the Online Store

  1. The Administrator of personal data of Customers collected through the Online Store is the Seller.

  2. Personal data of Customers collected by the Administrator through the Online Store is collected for the purpose of fulfilling the Sales Agreement, and if the Customer agrees to it - also for marketing purposes.

  3. The recipients of personal data of customers of the Online Store may be:

  1. In the case of a Customer who uses the method of delivery by post or courier in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary executing the shipments on behalf of the Administrator.

  2. In the case of a Customer who uses an electronic payment method or a payment card in the Online Store, the Administrator shall make the collected personal data available to the Customer, the selected entity handling the above payments in the Online Store.

4. The customer has the right to access and correct the content of his data.

5. Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary for the conclusion of the Sales Agreement results in the inability to conclude this contract.

§ 14

Final provisions

1. Contracts concluded through the Online Store are concluded in Polish.

2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: changes in the law, changes in payment methods and deliveries - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Customer at least 7 days in advance of any change.

3. In matters not regulated by these Regulations, the generally applicable provisions of Polish law, in particular: the Civil Code, shall apply; the Act on the provision of electronic services; Consumer Rights Act, the Personal Data Protection Act.

4. The customer has the right to use out-of-court means of dealing with complaints and redress. To this end, it may lodge a complaint via the EU's ODR online platform available at: http://ec.europa.eu/consumers/odr/.