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E-shop regulations
 

ONLINE STORE REGULATIONS

CARMOTION (for consumers)

 

These Regulations are established on the basis of art. 8 (1) (1) of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, pos. 1204, as amended). and art. 8 and subsequent Acts of 30 May 2014 on consumer rights (Journal of Laws of 2014, pos. 827, as amended). These Regulations are made available to the Customer free of charge via the website, which provides the opportunity to familiarize themselves with their content before concluding the agreement.

 

The online store is run by CARMOTION POLSKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Żodyń (64-212), at st. Spacerowa 25, NIP: 923-16-67-045, REGON: 301106240, entered into the register of entrepreneurs of the National Court Register maintained by the District Court of Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number: 0000330355, with the share capital of PLN 50,000.00 (hereinafter also referred to as the "Seller").

 

The Customer can contact the Seller via e-mail: handel@carmotion.pl or by phone: +48 601 156 156

 

Glossary:

Store - an online store run by the Seller that sells Products remotely via the Internet, including via websites and online portals.

Product page - a page on the website that presents information about the products in the Store's assortment.

Working days - weekdays from Monday to Friday, excluding public holidays.

 

Client - a natural person who is a consumer or to whom consumer regulations apply.

 

Consumer - a Client who is a natural person who enters into a legal transaction with an entrepreneur (including the purchase of a Product) not directly related to their business or professional activity.

 

Electronic transfer - payment made by the Client from an online bank account, via online payment systems.

 

Entity making the payment - an entity external to the Seller, intermediating in the execution of payments by bank transfer or payment by payment card, credit card.

 

Product - movable property included in the assortment on the Product Page.

 

I

General provisions

 

1. These regulations define the rules for using the Store, placing orders for Products available in the Store, delivering ordered products to the Client, paying the sales price of the products by the Client, the Client's right to cancel the order and withdraw from the contract, and the rules for submitting and considering complaints.

2. The subject of the Store's activity is the sale of Products currently in the assortment and enabling the Customer to submit offers for Products placed on the Store's product pages. Submission of offers is possible by placing an order on the website for registered users of the website or for unregistered entities, after correctly completing the order form, including providing the delivery address, data necessary for the correct issuing of a VAT invoice/receipt (name, surname, company, address of residence, NIP) the selected payment method and selecting the ordered Product.

3. Sales take place via the Internet between the person submitting the offer as the buyer and the Seller.

4. Each Customer purchasing Products offered by the Store is obliged to familiarize themselves with the content of these regulations.

 

II

Technical conditions for placing orders

 

1. The technical condition for using the Store's functionality is to have a properly functioning device enabling access to the Internet and a current, active and correctly configured e-mail account.

2. To use the Online Store, including browsing the assortment of the website on the Product Page and placing orders for Products, the following is required:

a) a computer or similar device with access to the Internet and an Internet browser such as: Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari;

b) an active e-mail account.

c) Cookies and Java Script support enabled.

3. If the Customer uses hardware or software that does not meet the technical requirements specified above, the Seller does not guarantee the proper functioning of the service and reserves that this may have a negative impact on the quality and course of the ordering procedure.

4. The Customer is prohibited from providing content of an illegal nature. If the Seller receives an official notification or credible information about the illegal nature of the stored data provided by the Customer, the Seller may prevent access to this data. In such a case, the Seller shall not be liable for violations resulting from reasons attributable to the Customer.

 

III

Orders

 

1. Information about the assortment available in the Store constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.

 

2. Orders from Customers are accepted 7 days a week and 24 hours a day.

 

3. In order to place an order using the form on the website, you should: select the Product that is the subject of the order located on the Product Page (for some products it is necessary to select the type or color), then click the "add to cart" button, select the form of delivery of the ordered Product and the form of payment, complete the order form, add other important information in the NOTES field and confirm the order by clicking the "order and pay" button or equivalent. By clicking the "order and pay" button or equivalent, the Customer places an order.

 

4. Each order will be confirmed by the Seller by sending the Customer a document confirming the price and terms of purchase. Confirmation will be sent to the e-mail address indicated by the Customer.

5. The confirmation of order acceptance sent by the Seller to the e-mail address provided by the Customer constitutes a declaration of acceptance of the offer referred to above.

 

6. In the event of unavailability of the Products covered by the order in the warehouse, from the Store's suppliers or for other reasons and the impossibility of fulfilling the Customer's order, the Seller will notify the Customer of this fact no later than 14 (fourteen) days from the date of placing the order. In such a case, the Customer has the right to decide whether he/she agrees to fulfill the order within the period proposed by the Seller or withdraws from the contract. In the event of withdrawal from the contract, the Seller will return the amount paid by the Customer in connection with the conclusion of the contract. The notification will be sent to the e-mail address provided by the Customer in the order form. The above provisions do not in any way limit the possibility of exercising the right to withdraw from the contract, referred to in Section VI of the Regulations.

 

7. The order may be delivered, at the Customer's choice: via a courier company, to a parcel locker or other collection point, by Polish post or by personal collection.

 

IV

Product Price and Payment Methods

 

1. The price given for each Product is binding at the time the Customer places an order. The price includes VAT (at the current rate) and does not include delivery costs.

 

2. The Product is delivered in the manner chosen by the Customer and specified in the order. Information on delivery costs is available on the Product Page.

 

3. Delivery costs will be added to the price depending on the Customer's choice of delivery method when placing the order.

 

4. Before placing the order, the Customer will be informed of the total amount that he will have to pay in connection with placing the order, together with any additional costs, including delivery costs.

 

5. The Seller reserves the right to make changes to the prices of the Products on an ongoing basis and to conduct and cancel all types of promotional campaigns and sales. The right referred to in the previous sentence does not affect orders placed before the date of entry into force of the change in price, terms of promotional campaigns or sales.

6. Payment for the ordered products may be made in the following forms:

a) upon receipt - order processing, in which case it begins after the ordering process is completed;

b) electronic transfer, card payment or BLIK transfer in one of the electronic payment systems accepted by the Store - order processing begins after the Store receives confirmation of the correct execution of the operation from the payment operator;

7. Orders with delivery outside the territory of the European Union may be paid for only by electronic transfer in one of the electronic payment systems accepted by the Store. Order processing begins after the Seller receives confirmation of the correct execution of the operation from the payment operator. In addition, in the case of deliveries outside the territory of the Republic of Poland, some delivery options may be unavailable and shipping costs may be increased, about which the Seller will inform the Customer, and which the Customer is obliged to accept before the order is processed.

8. In the event of failure to make payment in the form of an electronic transfer in one of the electronic payment systems accepted by the Store immediately after placing the order and sending the Customer by the service to the website of the entity executing the payment, the sales agreement is considered not concluded.

9. The Product will be released within the time specified in the order confirmation, but no later than within 30 (thirty) days from the date of conclusion of the agreement, whereby the Product is released subject to the payment by the Customer. The Customer will be notified immediately of any obstacles affecting the order execution time to the e-mail address provided by him. In the event that the Product is to be released in a period longer than 30 days, the Seller will contact the Customer. In such a case, the parties may establish a new execution date or the Customer may withdraw from the agreement.

 

V

Complaints

 

1. The Seller is obliged to deliver the Product without defects, which means that the Product:

a) has properties that a product of this type should have due to the purpose specified in the contract or resulting from the circumstances or intended use;

b) has properties of which the Seller assured the buyer, including by presenting a sample or model;

c) is suitable for the purpose of which the Customer informed the Seller at the conclusion of the contract, and the Seller did not raise any objection to such intended use;

d) was delivered to the Customer in a complete state.

2. If it is found that the delivered Product is defective, the Customer may exercise the rights to which he is entitled from the Seller under the warranty.

3. The Customer should inform the Seller of the observed defects. In the event that the Product must be returned to the Store, the Seller will inform the Customer about this within 14 days of filing the complaint. If possible, the proof of purchase should be attached to the returned Product together with a description of the complaint. Complaints can be submitted electronically to the address handel@carmotion.pl or in writing to the Store's address. The complaint should include, in particular, a description of the problem that is the basis for the complaint and the e-mail address or other correspondence address of the Customer submitting the complaint.

4. The Customer may submit a declaration of a price reduction or withdrawal from the contract, unless the Seller immediately and without excessive inconvenience to the buyer replaces the defective item with a defect-free one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with a defect-free one or remove the defect.

5. The Customer may, instead of the removal of the defect proposed by the Seller, request the replacement of the item with a defect-free one or instead of the replacement of the item, request the removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Seller is impossible or would require excessive costs compared to the method proposed by the Seller.

6. The reduced price should be in such proportion to the price resulting from the agreement that the value of the item with the defect is in relation to the value of the item without the defect. The Customer may not withdraw from the agreement if the defect is insignificant.

7. The Seller shall immediately, but no later than within 14 days from the date of receipt of the shipment with the Product complained about, take a position on the submitted complaint and inform the Customer about further proceedings. The Seller shall immediately notify the complainant of the result of the complaint in writing or by e-mail to the e-mail address provided in the notification.

8. A civil dispute between the Consumer and the Seller regarding the sold Product may be resolved amicably through extrajudicial proceedings for the resolution of consumer disputes, before an arbitration court conducted at the Provincial Inspectorate of Trade Inspection, and Consumers may also attempt to resolve disputes using the ODR platform (electronic link to the ODR platform: ec.europa.eu/odr). In addition, the Consumer may pursue claims related to the Agreement in court proceedings.

 

VI

Right to withdraw from the contract without giving a reason

 

1. In accordance with the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, pos. 827, as amended), the Consumer may withdraw from the contract without giving a reason within 14 days from the date of receipt of the shipment. The Consumer should submit a declaration of withdrawal from the contract and return the Product to the Store. In order to submit a declaration of withdrawal, the Consumer may use the withdrawal form provided under the Regulations, however, this is not obligatory. The deadline is considered to have been met if the Consumer sends the declaration of withdrawal in written form to the Seller's address no later than the last day of the 14-day period. After receiving the declaration of withdrawal, the Seller will immediately confirm receipt by sending information to the Consumer's e-mail address. 2. Products should be returned in an unchanged state unless the change was necessary within the scope of ordinary management, i.e. the Consumer should handle the Product with the need for its possible later return in mind. The Consumer is liable for the reduction in the value of the item resulting from its use in a manner that goes beyond what is necessary to determine the nature, characteristics and functioning of the item.

 

3. The Consumer has no right to withdraw from the contract if the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or intended to meet their individual needs.

 

4. The returned Product should be sent back no later than within 14 days of withdrawal.

 

5. The Store refunds the amount due for the returned Product immediately (no later than within 14 days), subject to the principles described in Part VII of the Regulations "Refund".

 

6. The cost of returning the Product is borne by the Consumer if he or she exercises the right to withdraw from the sales contract resulting from this chapter, except for situations where the return is made due to the non-conformity of the delivered products in relation to the Order or in the case of a damaged product.

 

VII

Refund

 

1. In the event of circumstances requiring the Seller to refund the amounts paid by the Customer to the Seller, such refund shall be made within a maximum of 14 days. However, the Seller may withhold the refund until the Customer presents confirmation of the return shipment of the Product.

2. Refunds for payments made by payment card or electronic transfer shall be made to the bank account from which the payment was made.

3. Refunds for payments made upon delivery or when, for reasons beyond the Seller's control, it is impossible to identify the bank account from which the payment was made, the refund shall be made to the bank account indicated by the Customer after being requested to send the number of such bank account. If such a possibility does not exist, the refund shall be made by postal order.

4. The Seller shall not be liable for failure to make the refund or its delay if this was due to the Customer providing incorrect personal data (name, surname, address) or an incorrect account number.

 

VIII

Protection of personal data

 

1. The Seller is the Administrator of Personal Data. The processing of personal data by the Seller takes place solely for the purpose of executing the contract, unless the Customer submits an additional declaration. Providing personal data by the Customer is voluntary, but failure to consent to their processing prevents the Seller from executing the order. The Customer is liable for providing false personal data.

 

2. Personal data are protected 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) in a way that prevents access by third parties.

 

3. The Customer of the Store has the right to view their personal data, correct it and request its removal.

 

4. In the event that the Customer gives additional consent, personal data will be processed by the Seller in order to inform the Customer about new Products, promotions and services available in the Store.

IX

Final Provisions

1. The sales agreement is concluded between the Customer and the Seller.

2. The Seller shall not be liable for errors in the handling of the order or other instructions of the Customer, resulting from the provision of incorrect data by the Customer.

3. Disputes arising between the Customer and the Seller shall be resolved by a competent court in accordance with the provisions of generally applicable law.

4. In matters not regulated in these Regulations, the provisions of Polish law shall apply, in particular the Civil Code and the Consumer Rights Act.

5. These Regulations shall apply from 11.07.2024.

6. The Seller reserves the right to change the Regulations. Changes to the Regulations shall not violate the rights of acquired Customers.

 

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DOWNLOAD ANNEX No. 1 (Withdrawal form) [PDF]

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Attachment No. 1

WITHDRAWAL FORM

(this form should be completed and returned only if you wish to withdraw from the contract*)

date: ______________

 

________________________

________________________

________________________

________________________

[name and surname, address of the consumer]

 

______________________

______________________

______________________

______________________

 

WITHDRAWAL FROM THE CONTRACT

I hereby inform you of my withdrawal from the sales contract of ________________ (product description), concluded at a distance on: ___________________

 

________________________

consumer signature

 

 

 

CONSUMER INFORMATION

 

In accordance with the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, pos. 827), "CARMOTION POLSKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ" with its registered office in Żodyń (64-212), st. Spacerowa 25, NIP: 923-16-67-045, REGON: 301106240, entered into the register of entrepreneurs of the National Court Register maintained by the District Court of Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number: 0000330355 (hereinafter referred to as the "Seller"), company telephone number: +48 601 156 156, e-mail address: handel@carmotion.pl, in connection with the intention to conclude a sales agreement, informs the Consumer ___________________________:

1. under the agreement, the Seller, on the terms resulting from the Regulations that have been presented to the Consumer, will sell the product ordered by him (hereinafter referred to as the "Product");

 

2. The Seller will contact the Consumer by e-mail or telephone and through information published on the Product Page on the website.

3. The Consumer may quickly and effectively contact the Service Provider at the telephone numbers, fax and email address indicated above. The Consumer may file complaints at the Seller's registered office and at the email addresses indicated above.

 

4. the total price for the Product ordered by the Consumer, including taxes: will be: __________________ PLN ("Price"). Additional fees that the Consumer will be required to pay include the Product delivery fee, and this fee depends on the method of delivery chosen by the Consumer. Detailed information on other fees that the Consumer is required to pay will be available on the Product Page on the website where the invitation to conclude the agreement was placed. The total amount that the Consumer will have to pay for concluding the agreement will be presented to the Consumer before placing the order.

 

5. The Seller may choose the payment method. Payment for the ordered Product may be made upon receipt or by electronic transfer/payment card/BLIK, in one of the electronic payment systems accepted by the Store. Payment by transfer or payment card is made immediately after placing the order.

 

6. The goods will be issued within the time specified in the order confirmation, but no later than within 30 (thirty) days from the date of conclusion of the agreement, whereby the issue of the goods is dependent on the payment by the Customer. The performance is fulfilled by delivering the Product in the manner indicated by the Customer (by personal collection, via Poczta Polska or via a courier company).

 

7. The Seller applies the complaint procedure described in detail in Chapter VI of the Online Store Regulations (hereinafter referred to as the "Regulations"). Complaints can be submitted to the email address: handel@carmotion.pl or at the Seller's registered office.

 

8. The Seller is liable to the Consumer for the quality of the delivered Product under the terms specified in the Civil Code and Chapter V of the Regulations.

9. The Seller does not provide an additional guarantee for the sold Product, however, such a guarantee may be provided by the manufacturer. 10. The Consumer has the right to withdraw from the Agreement within 14 days without giving any reason. The deadline for withdrawal from the agreement expires after 14 days from the date of delivery.

 

The Consumer of the Product.

 

11. In order to exercise the right to withdraw from the Agreement, the Consumer must inform about their decision to withdraw from the Agreement by means of an unequivocal statement submitted in writing or to the Seller's e-mail address. The Consumer may use the model withdrawal form attached to this information, as well as to the Regulations, but this is not obligatory.

 

12. In order to meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send information regarding the exercise of the Consumer's right to withdraw from the Agreement before the deadline for withdrawal from the Agreement expires.

 

13. In the event of withdrawal from the Agreement, the Seller shall return to the Consumer all payments received no later than 14 days from the day on which the Seller was informed about the exercise of the right to withdraw from the Agreement.

 

14. In the event of the Consumer exercising the right to withdraw from the Agreement, the Consumer is obliged to return or hand over the delivered Product to the Seller to the address Carmotion Polska sp. z o.o. Żodyń, st. Spacerowa 25 64-212 Siedlec, Poland immediately, and in any case no later than 14 days from the day on which the Consumer informed the Seller of the withdrawal from the Agreement. The deadline is met if the Consumer sends back the Product before the expiry of the 14-day period. The Consumer will have to bear the direct costs of returning the Product.

15. The Seller is obliged to deliver the Product without defects. If the delivered Product has defects, the Consumer should inform the Seller about this fact, who will remove the defects for which he is responsible. Points 4 and 5 of Chapter V of the Regulations specify the claims that the Consumer may pursue in connection with the identified defect.

16. A civil law dispute between the Consumer and the Seller in connection with the sold Product may be concluded amicably in extrajudicial proceedings for the resolution of consumer disputes, and Consumers may also attempt to resolve disputes using the ODR platform (electronic link to the ODR platform: ec.europa.eu/odr). In addition, the Consumer may pursue claims related to the Agreement in court proceedings.

 

Information Clause on the processing of personal data

(Privacy Policy)

 

1. Who is the administrator of your personal data

 

The administrator of personal data pursuant to 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) (hereinafter referred to as "GDPR") is the Seller "CARMOTION POLSKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ" with its registered office in Żodyń (64-212), at st. Spacerowa 25, NIP: 923-16-67-045, REGON: 301106240, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court of Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, under the KRS number: 0000330355 (hereinafter also referred to as Personal Data Administrator "ADO").

 

2. How can you contact us?

 

You can contact ADO by phone at: +48683472680, by e-mail (e-mail: biuro@carmotion.pl) or in writing to the address of your business.

 

3. What personal data do we process?

 

ADO processes the data indicated in the order form, i.e.: name, surname, address, telephone number and e-mail address.

 

4. For what purpose do we process your personal data?

 

The Personal Data Administrator processes personal data for the purpose of:

 

concluding and providing services resulting from the sales agreement for products offered in the online store, including the delivery of products (Article 6, paragraph 1, letter b of the GDPR – processing for the purpose of performing the agreement);

 

providing services electronically, through the possibility of registering an account on the website (Article 6, paragraph 1, letter b of the GDPR – processing for the purpose of performing the agreement);

 

issuing invoices and accepting payments (Article 6, paragraph 1, letters b and c of the GDPR – processing for the purpose of performing the agreement and fulfilling a legal obligation);

 

collecting claims and defending against claims (Article 6, paragraph 1, letter f of the GDPR – legitimate interest);

 

handling complaints (Article 6, paragraph 1, letter c of the GDPR – fulfilling a legal obligation);

contact by phone to the telephone number provided in the order form for the purpose of direct marketing of your products (legal basis – Article 6, paragraph 1, letter a of the GDPR in connection with Article 172 of the Telecommunications Law Act); ◦ sending commercial information regarding your related products to the e-mail address provided in the order form (legal basis – Article 6, paragraph 1, letter a of the GDPR in connection with Article 10, paragraph 2 of the Act and provision of services by electronic means).

 

5. Who can view your data?

 

The recipients of personal data are ADO employees and ADO agents and sales representatives, as well as courier companies, through which ADO will deliver products to the Customer. The transfer of personal data to the above entities is carried out only for the purposes specified in point 4 above.

 

6. For how long do we process your personal data?

 

The period of data storage depends on the medium on which the data is located and its purpose. In connection with this:

data provided in the registration form is processed for the period of having an account on the website;

data contained in the contract and other media are stored for its duration, the period enabling the pursuit of claims (2 years) and the period necessary to defend against claims brought against us (10 years, but in the event of an amendment, this period will be 6 years);

data contained on invoices are stored for a period of 5 years, in accordance with the requirements of the law.

 

7. How do we protect your personal data?

 

The Data Controller ensures that it applies appropriate technical and organizational conditions to ensure the security of processed personal data before it is disclosed. For this purpose, appropriate procedures and documentation have been introduced, as well as IT system security measures.

 

8. What are your rights in connection with our processing of your personal data?

 

Persons whose personal data are processed by the Data Controller are entitled to demand that the Data Controller provide access to their personal data, rectify it, delete it or limit its processing, object to its processing, and transfer the data. In addition, these persons are entitled to withdraw their consent and lodge a complaint with the supervisory authority. The supervisory authority is the Inspector General for Personal Data Protection/President of the Personal Data Protection Office.

 

9. Do you have to provide your personal data?

 

Providing personal data is completely voluntary, however, failure to provide personal data such as an email address or phone number will prevent contact in order to present a proposal to conclude a contract for the provision of telecommunications services or related services.

 

10. Additional information

 

ADO does not perform profiling in connection with the processing of your personal data, nor does it process personal data in an automatic manner that affects your rights.

ADO does not transfer personal data to countries outside the European Economic Area.

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